[Congressional Record (Bound Edition), Volume 145 (1999), Part 3]
[Senate]
[Pages 3859-3866]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. GRAMM:
  S. 559. A bill to designate the Federal building located at 33 East 
8th Street in Austin, Texas, as the ``J.J. `Jake' Pickle Federal 
Building''; to the Committee on Environment and Public Works.


                 J.J. ``Jake'' Pickle Federal Building

  Mr. GRAMM. Mr. President, today I join with Senator Kay Bailey 
Hutchison in introducing a bill to name the Austin, Texas federal 
building in honor of a great Texan: Congressman J.J. ``Jake'' Pickle. 
Congressman Pickle became an institution in Washington, D.C. throughout 
his 30-year tenure in Congress, and his dedication and service to the 
people of Austin and Central Texas continue today. I had the pleasure 
to serve with him in the House of Representatives, and I hold him in 
high esteem for the man he is and the spirit in which he served. Jake 
Pickle walked with giants like Lyndon Johnson and Sam Rayburn, and he 
is a giant in his own right. I believe that naming the federal building 
in Austin in Jake's honor is a fitting tribute to his service on behalf 
of our great state and in recognition of his significant and ever-
lasting contributions to our country.
                                 ______
                                 
      By Mr. DASCHLE (for Mr. Lautenberg (for himself, Mr. Durbin, Mr. 
        Schumer, and Mr. Reed)):
  S. 560. A bill to reform the manner in which firearms are 
manufactured and distributed by providing an incentive to State and 
local governments to bring claims for the rising costs of gun violence 
in their communities; to the Committee on the Judiciary.


              THE GUN INDUSTRY ACCOUNTABILITY ACT OF 1999

  Mr. LAUTENBERG. Mr. President, I rise to introduce the Gun Industry 
Accountability Act of 1999 along with my colleagues, Senators Durbin, 
Schumer, and Reed of Rhode Island. This legislation is aimed at one 
purpose: to force the gun industry to market and manufacture their 
products in a safer and more responsible manner.
  Mr. President, on Thursday, March 4th I was joined at the 
announcement of this bill by Mayor Bill Campbell of Atlanta and Mayor 
Alex Penelas of Miami-Dade County. They represent two of the now five 
jurisdictions that have filed claims against the gun industry on behalf 
of the taxpayers of their communities. They seek reimbursement for the 
massive costs of gun violence within their borders and ultimately, 
major changes in the way the gun industry sells its lethal products.
  Mr. President, the gun industry has long placed profits above the 
safety of society. The industry ignores numerous, patented safety 
devices for guns--even things as simple as an indicator of whether a 
gun is loaded. The distributors of firearms also intentionally flood 
certain markets with guns, knowing that the excess weapons will make 
their way into a nearby illegal market.
  The lawsuits by these courageous mayors will likely prove to be the 
most effective mechanism to get the Industry to alter their deadly 
practices. The reason is simple: it will bring the gun merchants into 
line by striking where they are most sensitive--the bottom line.
  To aid this effort, the Gun Industry Accountability Act will 
strengthen the hand of the cities in court against the formidable 
firepower of the gun industry and its team of high-priced lawyers. It 
will help these mayors in their quest to get the industry to lay down 
its weapons, come to the table and finally agree to behave as 
responsible corporate citizens.
  Mr. President, under current law, these cities filing claims against 
the gun industry are only able to recover the costs that their city or 
county has paid out due to gun violence. The Gun Industry 
Accountability Act will strengthen the mayors' hands by allowing them 
to recover both the city's costs for gun victims in their area as well 
as the Federal costs associated with these same victims. If a city 
eventually recovers Federal costs, either through a court judgment or 
settlement, then the city will be permitted to keep two thirds of the 
recovery and return the remaining one third to the Federal Government.
  By increasing the likely reward for bringing a lawsuit against 
firearms manufacturers, this legislation will serve as an incentive for 
more cities, counties and States to join the fight to hold the gun 
industry accountable. When our legislation passes, it will force the 
industry to stare down the double barrel of local and federal liability 
in these suits.
  Mr. President, the potential federal liability is substantial. The 
National Center for Injury Prevention and Control tells us that 80 
percent of the economic costs of treating firearms injuries are paid 
for by taxpayers.
  Federal taxpayers pick up the tab for disability payments through 
SSI, Veterans Administration, Unemployment, Medicare and other costs of 
treating victims of gun violence.
  Mr. President, despite these enormous costs, the gun industry and its 
friends in the National Rifle Association will go to any length to 
avoid accountability. The NRA and its corporate members are seeking 
state and federal legislation to take away the rights of mayors to 
safeguard their citizens against unsafe products and irresponsible 
marketing practices.
  Unfortunately, the NRA's drive against the legal rights of local 
communities has already succeeded in at least one state. In Georgia, 
the state legislature has already passed a bill at the NRA's request to 
retroactively block the City of Atlanta's suit. Mayor Campbell has 
already asked the court system to throw out the legislature's 
unconstitutional action.
  The NRA's extremism has reached new heights in Florida. In that state 
legislature, a bill has been introduced that would not only block 
Miami-Dade's lawsuit, but also declare Mayor Penelas a felon! In the 
NRA's world, a public official should be imprisoned for acting to 
protect the safety of his or her constituents.
  Mr. President, here in Congress there is already talk of Federal 
legislation to block cities, counties and States from asserting their 
rights in court. If such a bill is introduced it will prove that the 
era of Big Government is certainly not over.
  Mr. President, I pledge that I will do all I can to make sure that 
bill will never pass the Senate. Senators Durbin, Schumer, Reed and I 
will work tirelessly against such an unconscionable proposal.
  Congress should be helping these local communities make their streets 
safer--not block them from accomplishing that goal.
  To that end, I urge my colleagues to join us in cosponsoring the Gun 
Industry Accountability Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 560

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Gun Industry Accountability 
     Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Across the Nation, local communities are bringing 
     rightful legal claims against the gun industry to seek 
     changes in the manner in which the industry conducts business 
     in the civilian market in those communities.
       (2) Since firearms are the only widely available consumer 
     product designed to kill, firearm manufactures, distributors, 
     and retailers have a special responsibility to take into 
     account the health and safety of the public in marketing 
     firearms.
       (3) The gun industry has failed in this responsibility by 
     engaging in practices that have contributed directly to the 
     terrible burden of firearm-related violence on society.
       (4) The gun industry has generally refused to include 
     numerous safety devices with their products, including 
     devices to prevent the unauthorized use of a firearm, 
     indicators that a firearm is loaded, and child safety locks, 
     and the absence of such safety devices has rendered these 
     products unreasonably dangerous.
       (5) The gun industry has also engaged in distribution 
     practices in which the industry

[[Page 3860]]

     oversupplies certain legal markets with firearms with the 
     knowledge that the excess firearms will be distributed into 
     nearby illegal markets.
       (6) According to the National Center for Injury Prevention 
     and Control--
       (A) at least 80 percent of the economic costs of treating 
     firearms injuries are paid for by taxpayer dollars; and
       (B) in 1990, firearm injuries resulted in costs of more 
     than $24,000,000,000 in hospital and other medical care for 
     long-term disability and premature death.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Federal damages.--The term ``Federal damages'' means 
     the amount of damages sustained by the Federal Government as 
     a result of the sale, distribution, use or misuse of a 
     firearm (including gun violence) including damages relating 
     to medical expenses, the costs of continuing care and 
     disabilities, law enforcement expenses, and lost wages.
       (2) Firearm.--The term ``firearm'' has the meaning given 
     the term in section 921 of title 18, United States Code.
       (3) Gun violence.--The term ``gun violence'' means any 
     offense under Federal or State law that--
       (A) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code); and
       (B) involves the use of a firearm.
       (4) Manufacturer.--The term ``manufacturer'' has the 
     meaning given the term in section 921 of title 18, United 
     States Code;
       (5) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of the Northern Mariana 
     Islands.
       (6) Unit of local government.--The term ``unit of local 
     government'' means any city, town, township, county, parish, 
     village, or other general purpose political subdivision of a 
     State.

     SEC. 4. RECOVERY OF FEDERAL DAMAGES BY STATES AND UNITS OF 
                   LOCAL GOVERNMENT SEEKING FEDERAL DAMAGES.

       (a) In General.--In any civil action by a State or unit of 
     local government against a manufacturer of firearms to 
     recover damages relating to the sale, distribution, use or 
     misuse of a firearm (including gun violence) in the State or 
     unit of local government, the State or unit of local 
     government may, in addition to other damages, recover any 
     Federal damages associated with the claim as provided in this 
     section.
       (b) Federal Actions.--If the Attorney General files an 
     action against a manufacturer of firearms to recover Federal 
     damages, a State or unit of local government may not recover 
     those Federal damages under this section in any action filed 
     on or after the date on which the Attorney General files that 
     action.
       (c) Actions brought by a State or Unit of Local 
     Government.--
       (1) Notice of civil action.--A State or unit of local 
     government seeking to recover Federal damages under this 
     section shall serve a copy of the complaint on Attorney 
     General in accordance with rule 4 of the Federal Rules of 
     Civil Procedure.
       (2) Entry of appearance.--If the Attorney General is served 
     under paragraph (1), the Attorney General may proceed with 
     the action by entering an appearance before the expiration of 
     the 30-day period beginning on the date on which the Attorney 
     General is served under paragraph (1).
       (3) Effect of failure to enter appearance or proceed with 
     the action.--If a State or unit of local government serves 
     the Attorney General under paragraph (1), the State of unit 
     of local government may recover Federal damages under this 
     section only if the Attorney General--
       (A) fails to enter an appearance in the action in 
     accordance with paragraph (2) or gives written notice to the 
     court of an intent not to enter the action; or
       (B) does not proceed with the action before the expiration 
     of the 6-month period (or such addition period as the court 
     may allow after notice) beginning on the date on which the 
     Attorney General enters an appearance under paragraph (2).
       (4) Limitation.--If the Attorney General enters an 
     appearance under paragraph (2) and proceeds with the action 
     before the expiration of the 6-month period described in 
     paragraph (3)(B), the State or unit of local government may 
     not recover Federal damages under this section.
       (d) Prevention of Dual Recovery of Federal Damages.--If 
     there is a conflict between a State and 1 or more units of 
     local government within the State over which jurisdiction may 
     recover Federal damages under this section on behalf of a 
     certain area in the State, only the first jurisdiction to 
     file an action described in subsection (a) may recover those 
     Federal damages.
       (e) Federal Right to Damages in Other Actions.--The 
     recovery of Federal damages by a State or unit of local 
     government under this section may not be construed to waive 
     any right of the Federal Government to recover other Federal 
     damages in an action by the Attorney General.
       (f) Dismissal or Compromise.--
       (1) In general.--In an action for Federal damages brought 
     by a State or unit of local government under this section--
       (A) the action may not be dismissed or compromised without 
     the approval of the court; and
       (B) notice of the proposed dismissal or compromise shall be 
     given to the Attorney General in such manner as the court 
     directs.
       (2) Court approval.--In approving the dismissal or 
     compromise of an action described in paragraph (1), the court 
     shall--
       (A) state whether the dismissal or compromise is with or 
     without prejudice to the right of the Federal Government to 
     bring an action for the Federal damages at issue; and
       (B) determine the percentage of any amount recovered by the 
     State or unit of local government that represents Federal 
     damages.
       (g) Distribution and Use of Federal Damages Recovered.--Of 
     the total amount of Federal damages recovered by a State or 
     local government under this section (including any amount 
     recovered pursuant to a dismissal or compromise under 
     subsection (f))--
       (1) \1/3\ shall be paid to the Federal Government, to be 
     used for crime prevention, mentoring programs, and firearm 
     injury prevention research and activities; and
       (2) \2/3\ shall be retained by the State or unit of local 
     government, of which--
       (A) \1/3\ shall be used for--
       (i) law enforcement activities;
       (ii) families of law enforcement officers injured or killed 
     in the line of duty as a result of gun violence; and
       (iii) a compensation fund for the victims of gun violence; 
     and
       (B) \1/3\ shall be used for education (reduce class size, 
     school modernization, after school, summer school, and 
     tutoring), child care, or children's health care; and
       (C) \1/3\ may be used by the State or unit of local 
     government in the discretion of the State or unit of local 
     government.
       (h) Effective Date.--
       (1) In general.--Subject to paragraph (2), this section 
     only applies to an action described in subsection (a) that is 
     filed on or after the date of enactment of this Act.
       (2) Amendment of complaint in pending actions.--This 
     section applies to an action described in subsection (a) that 
     is filed before the date of enactment of this Act, if--
       (A) as of such date of enactment, there has been no 
     dismissal, compromise, or other final disposition of the 
     action; and
       (B) after such date of enactment, the State or unit of 
     local government amends the complaint to include relief for 
     Federal damages pursuant to this section.
                                 ______
                                 
      By Mr. HARKIN (for himself, Mr. Bingaman, Mrs. Murray, Mr. 
        Johnson, and Mr. Dorgan):
  S. 562. A bill to provide for a comprehensive, coordinated effort to 
combat methamphetamine abuse, and for other purposes; to the Committee 
on the Judiciary.


       comprehensive methamphetamine abuse reduction act of 1999

  Mr. HARKIN. Mr. President, I rise to make a few remarks concerning 
Methamphetamine reduction legislation the Senator from the State of New 
Mexico and I are introducing today.
  Methamphetamine is fast becoming a leading illegal drug in our 
Nation. From quiet suburbs, to city streets, to the corn rows of Iowa, 
meth destroys thousands of lives and families every year.
  This highly addictive drug is reaching epidemic proportions as it 
sweeps from the west coast, ravages the Midwest, and begins to touch 
the East. To illustrate the violence it elicits in people, 
methamphetamine is cited as a contributing factor in 80 percent of 
domestic violence cases in Iowa and a leading factor in a majority of 
violent crimes committed in the State.
  In 1996, I was proud to be an original cosponsor of the 
Methamphetamine Control Act, which has done some good. However, in 
talking to local enforcement and concerned citizens across Iowa and the 
Midwest, its obvious that the methamphetamine problem has exploded 
beyond anything we envisioned in 1996.
  The number of meth arrests, court cases, and confiscation on labs 
continues to escalate. In the Midwest alone, the number of clandestine 
meth labs confiscated and destroyed for 1998 is five times the number 
confiscated and destroyed in 1997. The cost of cleanup for each lab 
ranges from $5,000 to $90,000 and creates a toxic trap to law 
enforcement officers and children who find them.
  Mr. President, the Midwest is not alone in this battle. The impact of 
this epidemic has reached the West and Southwest, including the state 
of New Mexico. In Albuquerque alone, law enforcement has seized four 
times as

[[Page 3861]]

much meth last year as they did in the previous year, and they have 
identified and shut down twice as many meth labs as they had in the 
previous year. New Mexico has also seen an increase in meth trafficking 
on the New Mexico-Mexico border, as have the States of Arizona and 
California.
  The problem has spread to the rural communities and my colleague, 
Senator Bingaman, is concerned that the cheap cost of meth will 
threaten America's youth with yet another life-threatening drug.
  That's why today, Senator Bingaman and I are introducing the 
Comprehensive Methamphetamine Abuse Reduction Act of 1999. Senators 
Murray and Johnson are cosponsoring this measure. A similar bill is 
being introduced in the House by Congressman Boswell.
  This legislation takes a comprehensive, common sense approach in 
battling this growing epidemic. It calls for an increase in resources 
to law enforcement working through the High Intensity Drug Trafficking 
Area (HIDTA) program and establishes swift and certain penalties for 
those producing and peddling meth. It also reauthorizes and expands 
drug courts to help nonviolent drug abusers rid themselves of an 
addiction that leads them to other crimes.
  Our legislation expands school and community-based prevention efforts 
at the local level--targeting those areas that need it the most. That 
includes funding to allow students to develop their own anti-meth 
education programs to teach their school peers about the destructive 
effects of this drug.
  This proposal calls on the National Institute on Drug Abuse to find 
exactly what makes methamphetamine so very addictive--especially to our 
young people--and the best methods for beating the addiction.
  Finally, the bill calls for a joint strategic plan and national 
conference involving local, State and Federal law enforcement, 
education, health and elected officials to discuss solutions to stop 
the spread and use of this deadly drug.
  Mr. President, I believe that we have a window of opportunity as a 
nation to take a stand right now to defeat this scourge. Every day, 
meth infiltrates our city streets and rural towns, leading more and 
more people down a path of personal destruction. Families are being 
devastated and communities are fighting an uphill battle against this 
powerful drug. The time is now to make a stand to protect our 
communities and schools by passing this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 562

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       (a) Short Title.--This Act may be cited as the 
     ``Comprehensive Methamphetamine Abuse Reduction Act''.

     SEC. 2. EXPANDING METHAMPHETAMINE ABUSE PREVENTION EFFORTS.

       Section 515 of the Public Health Service Act (42 U.S.C. 
     290bb-21) is amended by adding at the end the following:
       ``(e) Prevention of Methamphetamine Abuse and Addiction.--
       ``(1) Grants.--The Director of the Center for Substance 
     Abuse Prevention (referred to in this section as the 
     `Director') may make grants to and enter into contracts and 
     cooperative agreements with public and nonprofit private 
     entities to enable such entities--
       ``(A) to carry out school-based programs concerning the 
     dangers of methamphetamine abuse and addiction, using methods 
     that are effective and evidence-based, including initiatives 
     that give students the responsibility to create their own 
     anti-drug abuse education programs for their schools; and
       ``(B) to carry out community-based methamphetamine abuse 
     and addiction prevention programs that are effective and 
     evidence-based.
       ``(2) Use of funds.--Amounts made available under a grant, 
     contract or cooperative agreement under paragraph (1) shall 
     be used for planning, establishing, or administering 
     methamphetamine prevention programs in accordance with 
     paragraph (3).
       ``(3) Prevention programs and activities.--
       ``(A) In general.--Amounts provided under this subsection 
     may be used--
       ``(i) to carry out school-based programs that are focused 
     on those districts with high or increasing rates of 
     methamphetamine abuse and addiction and targeted at 
     populations which are most at risk to start methamphetamine 
     abuse;
       ``(ii) to carry out community-based prevention programs 
     that are focused on those populations within the community 
     that are most at-risk for methamphetamine abuse and 
     addiction;
       ``(iii) to assist local government entities to conduct 
     appropriate methamphetamine prevention activities;
       ``(iv) to train and educate State and local law enforcement 
     officials, prevention and education officials, members of 
     community anti-drug coalitions and parents on the signs of 
     methamphetamine abuse and addiction and the options for 
     treatment and prevention;
       ``(v) for planning, administration, and educational 
     activities related to the prevention of methamphetamine abuse 
     and addiction;
       ``(vi) for the monitoring and evaluation of methamphetamine 
     prevention activities, and reporting and disseminating 
     resulting information to the public; and
       ``(vii) for targeted pilot programs with evaluation 
     components to encourage innovation and experimentation with 
     new methodologies.
       ``(B) Priority.--The Director shall give priority in making 
     grants under this subsection to rural and urban areas that 
     are experiencing a high rate or rapid increases in 
     methamphetamine abuse and addiction.
       ``(4) Analyses and evaluation.--
       ``(A) In general.--Not less than $500,000 of the amount 
     available in each fiscal year to carry out this subsection 
     shall be made available to the Director, acting in 
     consultation with other Federal agencies, to support and 
     conduct periodic analyses and evaluations of effective 
     prevention programs for methamphetamine abuse and addiction 
     and the development of appropriate strategies for 
     disseminating information about and implementing these 
     programs.
       ``(B) Annual reports.--The Director shall submit to the 
     Committee on Health, Education, Labor, and Pensions and the 
     Committee on Appropriations of the Senate and the Committee 
     on Commerce and Committee on Appropriations of the House of 
     Representatives, an annual report with the results of the 
     analyses and evaluation under subparagraph (A).
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out paragraph (1), $20,000,000 
     for fiscal year 2000, and such sums as may be necessary for 
     each succeeding fiscal year.''.

     SEC. 3. EXPANDING CRIMINAL PENALTIES AND LAW ENFORCEMENT 
                   FUNDING.

       (a) Swift and Certain Punishment of Methamphetamine 
     Laboratory Operators.--
       (1) Federal sentencing guidelines.--
       (A) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall promulgate Federal sentencing 
     guidelines or amend existing Federal sentencing guidelines 
     for any offense relating to the manufacture, attempt to 
     manufacture, or conspiracy to manufacture amphetamine or 
     methamphetamine in violation of the Controlled Substances Act 
     (21 U.S.C. 801 et seq.), the Controlled Substances Import and 
     Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
     Enforcement Act (46 U.S.C. App. 1901 et seq.) in accordance 
     with this paragraph.
       (B) Requirements.--In carrying out this paragraph, the 
     United States Sentencing Commission shall, with respect to 
     each offense described in subparagraph (A)--
       (i) increase the base offense level for the offense--

       (I) by not less than 3 offense levels above the applicable 
     level in effect on the date of enactment of this Act; or
       (II) if the resulting base offense level after an increase 
     under subclause (II) would be less than level 27, to not less 
     than level 27; or

       (ii) if the offense created a substantial risk of danger to 
     the health and safety of another person (including any 
     Federal, State, or local law enforcement officer lawfully 
     present at the location of the offense, increase the base 
     offense level for the offense--

       (I) by not less than 6 offense levels above the applicable 
     level in effect on the date of enactment of this Act; or
       (II) if the resulting base offense level after an increase 
     under clause (i) would be less than level 30, to not less 
     than level 30.

       (C) Emergency authority to sentencing commission.--The 
     United States Sentencing Commission shall promulgate the 
     guidelines or amendments provided for under this paragraph as 
     soon as practicable after the date of enactment of this Act 
     in accordance with the procedure set forth in section 21(a) 
     of the Sentencing Act of 1987 (Public Law 100-182), as though 
     the authority under that Act had not expired.
       (2) Effective date.--The amendments made pursuant to this 
     subsection shall apply with respect to any offense occurring 
     on or after the date that is 60 days after the date of 
     enactment of this Act.
       (b) Increased Resources For Law Enforcement.--There are 
     authorized to be appropriated to the Office of National Drug

[[Page 3862]]

     Control Policy to combat the trafficking of methamphetamine 
     in areas designated by the Director of National Drug Control 
     Policy as high intensity drug trafficking areas--
       (1) $35,000,000 for fiscal year 2000; and
       (2) such sums as may be necessary for each of fiscal years 
     2001 through 2005;

     of which not less than $5,000,000 shall be used in each 
     fiscal year to provide assistance to drug analysis 
     laboratories in areas with a high rate of methamphetamine 
     abuse or addiction.

     SEC. 4. TREATMENT OF METHAMPHETAMINE ABUSE.

       Section 507 of the Public Health Service Act (42 U.S.C. 
     290bb) is amended by adding at the end the following:
       ``(d) Treatment of Methamphetamine Abuse and Addiction.--
       ``(1) Grants.--The Director of the Center for Substance 
     Abuse Treatment (referred to in this section as the 
     `Director') may make grants to and enter into contracts and 
     cooperative agreements with public and nonprofit private 
     entities for the purpose of expanding activities for the 
     treatment of methamphetamine abuse and addiction as well as 
     for the treatment of methamphetamine addicts who also abuse 
     other illegal drugs.
       ``(2) Use of funds.--Amounts made available under a grant, 
     contract or cooperative agreement under paragraph (1) shall 
     be used for planning, establishing, or administering 
     methamphetamine treatment programs in accordance with 
     paragraph (3).
       ``(3) Treatment programs and activities.--
       ``(A) In general.--Amounts provided under this subsection 
     may be used for--
       ``(i) evidence-based programs designed to assist 
     individuals to quit their use of methamphetamine and remain 
     drug-free;
       ``(ii) training in recognizing and referring 
     methamphetamine abuse and addiction for health professionals, 
     including physicians, nurses, dentists, health educators, 
     public health professionals, and other health care providers;
       ``(iii) planning, administration, and educational 
     activities related to the treatment of methamphetamine abuse 
     and addiction;
       ``(iv) the monitoring and evaluation of methamphetamine 
     treatment activities, and reporting and disseminating 
     resulting information to health professionals and the public;
       ``(v) targeted pilot programs with evaluation components to 
     encourage innovation and experimentation with new 
     methodologies; and
       ``(vi) coordination with the Center for Mental Health 
     Services on the connection between methamphetamine abuse and 
     addiction and mental illness.
       ``(B) Priority.--The Director shall give priority in making 
     grants under this subsection to rural and urban areas that 
     are experiencing a high rate or rapid increases in 
     methamphetamine abuse and addiction.
       ``(4) Analyses and evaluation.--
       ``(A) In general.--Not more than $1,000,000 of the amount 
     available in each fiscal year to carry out this subsection 
     shall be made available to the Director, acting in 
     consultation with other Federal agencies, to support and 
     conduct periodic analyses and evaluations of effective 
     treatments for methamphetamine abuse and addiction and the 
     development of appropriate strategies for disseminating 
     information about and implementing treatment services.
       ``(B) Annual report.--The Director shall submit to the 
     Committee on Health, Education, Labor, and Pensions and 
     Committee on Appropriations of the Senate and the Committee 
     on Commerce and Committee on Appropriations of the House or 
     Representatives, an annual report with the results of the 
     analyses and evaluation conducted under subparagraph (A).
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out paragraph (1), $20,000,000 
     for fiscal year 2000, and such sums as may be necessary for 
     each succeeding fiscal year.''.

     SEC. 5. EXPANDING METHAMPHETAMINE RESEARCH.

       Section 464N of the Public Health Service Act (42 U.S.C. 
     285o-2) is amended by adding at the end the following:
       ``(c) Methamphetamine Research.--
       ``(1) Grants.--The Director of the Institute may make 
     grants to expand interdisciplinary research relating to 
     methamphetamine abuse and addiction and other biomedical, 
     behavioral and social issues related to methamphetamine abuse 
     and addiction.
       ``(2) Use of funds.--Amounts made available under a grant 
     under paragraph (1) may be used to conduct interdisciplinary 
     research and clinical trials with treatment centers on 
     methamphetamine abuse and addiction, including research on--
       ``(A) the effects of methamphetamine abuse on the human 
     body;
       ``(B) the addictive nature of methamphetamine and how such 
     effects differ with respect to different individuals;
       ``(C) the connection between methamphetamine abuse and 
     mental illness;
       ``(D) the identification and evaluation of the most 
     effective methods of prevention of methamphetamine abuse and 
     addiction;
       ``(E) the identification and development of the most 
     effective methods of treatment of methamphetamine addiction, 
     including pharmacological treatments;
       ``(F) risk factors for methamphetamine abuse;
       ``(G) effects of methamphetamine abuse and addiction on 
     pregnant women and their fetuses;
       ``(H) cultural, social, behavioral, neurological and 
     psychological reasons that individuals abuse methamphetamine, 
     or refrain from abusing methamphetamine.
       ``(3) Research results.--The Director shall promptly 
     disseminate research results under this subsection to 
     Federal, State and local entities involved in combating 
     methamphetamine abuse and addiction.
       ``(4) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out paragraph (1), such sums as 
     may be necessary for each fiscal year.''.

     SEC. 6. DRUG COURTS.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 
     by inserting after part U the following:

                         ``PART V--DRUG COURTS

     ``SEC. 2201. GRANT AUTHORITY.

       ``The Attorney General may make grants to States, State 
     courts, local courts, units of local government, and Indian 
     tribal governments, acting directly or through agreements 
     with other public or private entities, for programs that 
     involve--
       ``(1) continuing judicial supervision over offenders with 
     substance abuse problems who are not violent offenders; and
       ``(2) the integrated administration of other sanctions and 
     services, which shall include--
       ``(A) mandatory periodic testing for the use of controlled 
     substances or other addictive substances during any period of 
     supervised release or probation for each participant;
       ``(B) referral to a community-based treatment facility;
       ``(C) diversion, probation, or other supervised release 
     involving the possibility of prosecution, confinement, or 
     incarceration based on noncompliance with program 
     requirements or failure to show satisfactory progress; and
       ``(D) programmatic, offender management, and aftercare 
     services such as relapse prevention, health care, education, 
     vocational training, job placement, housing placement, and 
     child care or other family support services for each 
     participant who requires such services.

     ``SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT 
                   OFFENDERS.

       ``The Attorney General shall--
       ``(1) issue regulations and guidelines to ensure that the 
     programs authorized in this part do not permit participation 
     by violent offenders; and
       ``(2) immediately suspend funding for any grant under this 
     part, pending compliance, if the Attorney General finds that 
     violent offenders are participating in any program funded 
     under this part.

     ``SEC. 2203. DEFINITION.

       ``In this part, the term `violent offender' means a person 
     who--
       ``(1) is charged with or convicted of an offense, during 
     the course of which offense--
       ``(A) the person carried, possessed, or used a firearm or 
     dangerous weapon;
       ``(B) there occurred the death of or serious bodily injury 
     to any person; or
       ``(C) there occurred the use of force against the person of 
     another,

     without regard to whether any of the circumstances described 
     in subparagraph (A), (B), or (C) is an element of the offense 
     of which or for which the person is charged or convicted; or
       ``(2) has 1 or more prior convictions for a felony crime of 
     violence involving the use or attempted use of force against 
     a person with the intent to cause death or serious bodily 
     harm.

     ``SEC. 2204. ADMINISTRATION.

       ``(a) Consultation.--The Attorney General shall consult 
     with the Secretary of Health and Human Services and any other 
     appropriate officials in carrying out this part.
       ``(b) Use of Components.--The Attorney General may utilize 
     any component or components of the Department of Justice in 
     carrying out this part.
       ``(c) Regulatory Authority.--The Attorney General may issue 
     regulations and guidelines necessary to carry out this part.
       ``(d) Applications.--In addition to any other requirements 
     that may be specified by the Attorney General, an application 
     for a grant under this part shall--
       ``(1) include a long-term strategy and detailed 
     implementation plan;
       ``(2) explain the inability of the applicant to fund the 
     program adequately without Federal assistance;
       ``(3) certify that the Federal support provided will be 
     used to supplement, and not supplant, State, Indian tribal, 
     and local sources of funding that would otherwise be 
     available;
       ``(4) identify related governmental or community 
     initiatives which complement or will be coordinated with the 
     proposal;
       ``(5) certify that there has been appropriate consultation 
     with all affected agencies and that there will be appropriate 
     coordination with all affected agencies in the implementation 
     of the program;
       ``(6) certify that participating offenders will be 
     supervised by 1 or more designated

[[Page 3863]]

     judges with responsibility for the drug court program;
       ``(7) specify plans for obtaining necessary support and 
     continuing the proposed program following the conclusion of 
     Federal support; and
       ``(8) describe the methodology that will be used in 
     evaluating the program.

     ``SEC. 2205. APPLICATIONS.

       ``In order to request a grant under this part, the chief 
     executive or the chief justice of a State or the chief 
     executive or chief judge of a unit of local government or 
     Indian tribal government shall submit an application to the 
     Attorney General in such form and containing such information 
     as the Attorney General may reasonably require.

     ``SEC. 2206. FEDERAL SHARE.

       ``(a) In General.--The Federal share of a grant under this 
     part may not exceed 75 percent of the total costs of the 
     program described in the application submitted under section 
     2205 for the fiscal year for which the program receives 
     assistance under this part, unless the Attorney General 
     waives, wholly or in part, the requirement of a matching 
     contribution under this section.
       ``(b) In-Kind Contributions.--In-kind contributions may be 
     used to constitute the non-Federal share of a grant under 
     this part.

     ``SEC. 2207. GEOGRAPHIC DISTRIBUTION.

       ``Subject to subsection (b), the Attorney General shall 
     ensure that, to the extent practicable, an equitable 
     geographic distribution of grant awards is made under this 
     part.

     ``SEC. 2208. REPORT.

       ``A State, Indian tribal government, or unit of local 
     government that receives a grant under this part during a 
     fiscal year shall submit to the Attorney General a report in 
     March of the following fiscal year regarding the use of funds 
     under this part.

     ``SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

       ``(a) Technical Assistance and Training.--The Attorney 
     General may provide technical assistance and training in 
     furtherance of the purposes of this part.
       ``(b) Evaluations.--In addition to any evaluation 
     requirements that may be prescribed for grantees, the 
     Attorney General may carry out or make arrangements for 
     evaluations of programs that receive support under this part.
       ``(c) Administration.--The technical assistance, training, 
     and evaluations authorized by this section may be carried out 
     directly by the Attorney General, in collaboration with the 
     Secretary of Health and Human Services, or through grants, 
     contracts, or other cooperative arrangements with other 
     entities.''.
       (b) Authorization of Appropriations.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793(a)) is amended by inserting after 
     paragraph (19) the following:
       ``(20) There are authorized to be appropriated to carry out 
     part V, such sums as may be necessary for each of the fiscal 
     years 2000 through 2004, of which not less than $10,000,000 
     shall be set aside for each fiscal year for assistance to 
     communities with disproportionately high or increasing rates 
     of methamphetamine abuse and addiction.''.

     SEC. 7. NATIONAL CONFERENCE ON METHAMPHETAMINE ABUSE AND 
                   TREATMENT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall convene a National Conference on 
     Methamphetamine Abuse and Treatment to gather, discuss and 
     disseminate information concerning--
       (1) the history of the methamphetamine epidemic in the 
     United States;
       (2) the progress that has been made by Federal, State and 
     local law enforcement, prevention and treatment authorities 
     in combatting such epidemic; and
       (3) future strategies to--
       (A) reduce methamphetamine abuse and addiction in regions 
     of the United States where methamphetamine is an emerging or 
     exiting problem; and
       (B) block efforts to introduce methamphetamine into other 
     regions of the United States.
       (b) Participants.--The Secretary of Health and Human 
     Services shall ensure that the participants in the conference 
     under subsection (a) include--
       (1) the Secretary;
       (2) the Attorney General;
       (3) the Director of the Office of National Drug Control 
     Policy;
       (4) various elected officials;
       (5) Federal, State and local law enforcement, education, 
     drug treatment and operation providers or organizations that 
     represent such providers, and health research officials; and
       (6) other individuals determined appropriate by the 
     Secretary.

     SEC. 8. COMPREHENSIVE METHAMPHETAMINE REDUCTION STRATEGIC 
                   PLAN.

       Not later than 1 year after the date of enactment of this 
     Act, the Attorney General, jointly with the Secretary of 
     Education and the Director of the Office of National Drug 
     Control Policy and the Secretary of Health and Human 
     Services, shall develop a comprehensive strategic plan to 
     combat the methamphetamine problem in the United States. Such 
     plan shall include activities with respect to prevention, law 
     enforcement, education, treatment, and health research 
     targeted at methamphetamine use, abuse and addiction in the 
     21st century.
                                 ______
                                 
      By Mr. LEVIN (for himself and Mr. Abraham):
  S. 563. A bill to repeal a waiver that permitted the issuance of a 
certificate of documentation with endorsement for employment in the 
coastwise trade of the vessel Columbus, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.


              JONES ACT WAIVER FOR THE VESSEL ``COLUMBUS''

  Mr. LEVIN. Mr. President, I introduce today legislation to repeal the 
Jones Act waiver contained in last year's Coast Guard Authorization 
bill for the vessel Columbus.
  Mr. President, I had serious objections to a provision in last year's 
Coast Guard Authorization bill that was inserted in the House bill in a 
managers' amendment with no hearings or vote in the Senate. This 
provision granted a waiver of existing law for a single vessel 
operating on the Great Lakes and elsewhere against the wishes of both 
Michigan Senators and other Senators and in circumvention of a Customs 
Service ruling regarding the type of dredge work this vessel is allowed 
to perform.
  This waiver is a discriminatory provision which gives special 
treatment and a competitive advantage to one vessel at the expense of 
its competitors and it should be repealed.
  Mr. President, the granting of this waiver is detrimental to other 
dredgers on the Great Lakes and elsewhere who are abiding by U.S. law 
and U.S. Customs Service interpretations of the Jones Act. The hopper 
dredge vessel Columbus, the vessel seeking the waiver, was challenged 
by a competitor for violating the Jones Act because it was performing 
dredging work that was not allowed under that Act. That challenge was 
upheld by the U.S. Customs Service. However, instead of abiding by or 
appealing the Customs Service ruling, a legislative waiver was sought 
to circumvent that ruling. The waiver was granted by the House, but not 
the Senate because the Senate passed Coast Guard authorization bill did 
not contain this discriminatory provision.
  The only reason this waiver was included in the final Coast Guard 
authorization bill was due to the circumstances under which that bill 
was considered. Under normal circumstances, I believe the Senate would 
have removed this controversial provision from the final bill.
  At the time of the Senate vote on the Coast Guard Authorization 
Conference Report, I engaged in a colloquy with my colleagues Senators 
Snowe and McCain. In that colloquy, they agreed to work with me to 
repeal this waiver as early as possible in 1999. The legislation I am 
introducing today with my colleague from Michigan, Senator Abraham, 
will do exactly that.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in 
Record, as follows:

                                 S. 563

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REPEAL OF WAIVER.

       (a) In General.--Section 403 of the Coast Guard 
     Authorization Act of 1997 (Public Law 105-383) is amended by 
     striking subsection (e).
       (b) Action by the Secretary of Transportation.--If, before 
     the date of enactment of this Act, the Secretary of 
     Transportation issued a certificate of documentation with 
     endorsement for employment in the coastwise trade for the 
     vessel COLUMBUS (United States official number 590658) under 
     section 403(e) of the Coast Guard Authorization Act of 1997 
     (Public Law 105-383)--
       (1) that certificate shall be null and void; and
       (2) the Secretary shall issue a revised certificate of 
     documentation for that vessel that is consistent with the 
     limitations on the operation of that vessel that applied to 
     that vessel on the day before the date of enactment of the 
     Coast Guard Authorization Act of 1997 (Public Law 105-383).
                                 ______
                                 
      By Mr. COVERDELL (for himself, Mrs. Feinstein, Mr. DeWine. Mr. 
        Torricelli, and Mr. Lott):

[[Page 3864]]

  S. 565. A bill to provide for the treatment of the actions of certain 
foreign narcotics traffickers as an unusual and extraordinary threat to 
the United States for purposes of the International Emergency Economic 
Powers Act; to the Committee on Banking, Housing, and Urban Affairs.


treatment of the actions of certain foreign narcotics traffickers as an 
         unusual and extraordinary threat to the United States

  Mr. COVERDELL. Mr. President, I am pleased to join my colleague from 
California, Senator Feinstein, in introducing a bill that targets one 
of America's most dangerous and real national security threats--the 
international drug cartels. I am also pleased that Senator DeWine, 
Senator Lott, and Senator Torricelli have agreed to cosponsor this 
important legislation. These drug cartels, through their involvement in 
illegal drug trafficking, money laundering, arms trafficking and the 
violence related to these activities, pose a threat to the political 
and economic stability of countries in this hemisphere. More 
importantly they threaten the citizens of this country by preying on 
our children.
  That is why it is so important that we introduce this bill today--to 
combat the drug cartels and move one step forward in the war on drugs. 
This bill codifies and expand a 1995 Executive Order created under the 
International Emergency Economic Powers Act (IEEPA), which targeted 
Colombia drug traffickers. The bill will expand the existing Executive 
Order to include other foreign drug traffickers considered a threat to 
our national security. The bill freezes the assets of identified drug 
traffickers, their associates, and their related businesses. It also 
prohibits these individuals and organizations from conducting any 
financial or commercial dealings with the United States.
  Our goal is to isolate the leaders of the drug cartels and prevent 
them from doing business with the United States. By stopping the drug 
kingpins's ability to benefit from the U.S. market and from practices 
that enable them to sell drugs to our nation's children, we are taking 
an important step to eliminate the scourge of illegal drugs.
                                 ______
                                 
      By Mr. LUGAR:
  S. 566. A bill to amend the Agricultural Trade Act of 1978 to exempt 
agricultural commodities, livestock, and value-added products from 
unilateral economic sanctions, to prepare for future bilateral and 
multilateral trade negotiations affecting United States agriculture, 
and for other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.


                   the agricultural trade freedom act

  Mr. LUGAR. Mr. President, today I rise to introduce legislation to 
open foreign markets, eliminate unfair trade barriers and secure for 
farmers the ability to export their products abroad. By enacting the 
1996 FAIR Act, commonly known as Freedom to Farm, we gave farmers to 
freedom to make planting decisions for themselves, free from government 
controls. However, Freedom to Farm is a compact. Freedom to Farm means 
freedom to export, and in exchange for phasing out subsidies, Congress 
committed to secure free, fair and open markets for our farmer's 
exports. This legislation will improve opportunities to export at a 
time when such opportunities are more important than ever for U.S. 
agriculture.
  No sector of the economy is more reliant on international trade than 
agriculture. Approximately three out of ten acres of domestic 
agriculture production are sold in markets outside of the U.S. and 
agricultural exports make a positive impact on our international 
balance of payments. Despite this success, a great deal of untapped 
export potential still exists. Farmers are reliant on the ability to 
export and this legislation will enhance that ability. Barriers need to 
be removed--barriers we impose on ourselves and barriers imposed by 
others.
  This legislation addresses several items but none is more important 
than sanctions. This legislation exempts commercial agricultural 
exports from unilateral economic sanctions. We impose export barriers 
on ourselves when we unilaterally sanction foreign countries. Such 
sanctions do not preclude the targeted country from looking elsewhere 
for agricultural commodities. U.S. competitors quickly fill the void 
left when the U.S. denies itself market access. Sales are lost and our 
status as a reliable business partner suffers. We often do more harm to 
ourselves than we do to the target country. Unilateral sanctions have 
cost billions of dollars in U.S. income and have cost thousands of U.S. 
jobs. We must end the practice of closing foreign markets for our own 
exports at a time when such exports are more vital than ever for 
agriculture in this country.
  Apart from sanctions, a number of barriers are imposed on U.S. farm 
exports by other countries. The World Trade Organization will hold an 
important round of agricultural negotiations later this year in 
Seattle. These negotiations offer an important opportunity to address 
tariff and non-tariff barriers to U.S. agricultural exports. We must 
take advantage of this opportunity to open foreign markets and 
eliminate unfair export barriers. This legislation provides important 
guidelines for these and other negotiations.
  Mr. President, U.S. agriculture is the best in the world. This 
legislation will allow our farmers to take better advantage of their 
position by opening up foreign markets and eliminating barriers to 
agricultural exports. This is the most important thing we as Congress 
can do for our farmers. I ask unanimous consent that the legislation be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 566

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Agricultural Trade Freedom 
     Act''.

     SEC. 2. DEFINITIONS.

       In this Act, the terms ``agricultural commodity'' and 
     ``United States agricultural commodity'' have the meanings 
     given the terms in section 102 of the Agricultural Trade Act 
     of 1978 (7 U.S.C. 5602).

     SEC. 3. AGRICULTURAL COMMODITIES, LIVESTOCK, AND PRODUCTS 
                   EXEMPT FROM SANCTIONS.

       Title IV of the Agricultural Trade Act of 1978 (7 U.S.C. 
     5661 et seq.) is amended by adding at the end the following:

     ``SEC. 418. AGRICULTURAL COMMODITIES, LIVESTOCK, AND PRODUCTS 
                   EXEMPT FROM SANCTIONS.

       ``(a) Definitions.--In this section:
       ``(1) Current sanction.--The term `current sanction' means 
     a unilateral economic sanction that is in effect on the date 
     of enactment of the Agricultural Trade Freedom Act.
       ``(2) New sanction.--The term `new sanction' means a 
     unilateral economic sanction that becomes effective after the 
     date of enactment of that Act.
       ``(3) Unilateral economic sanction.--The term `unilateral 
     economic sanction' means any prohibition, restriction, or 
     condition on economic activity, including economic 
     assistance, with respect to a foreign country or foreign 
     entity that is imposed by the United States for reasons of 
     foreign policy or national security, except in a case in 
     which the United States imposes the measure pursuant to a 
     multilateral regime and the other members of that regime have 
     agreed to impose substantially equivalent measures.
       ``(b) Exemption.--
       ``(1) In general.--Subject to paragraphs (2) and (3) and 
     notwithstanding any other provision of law, agricultural 
     commodities made available as a result of commercial sales 
     shall be exempt from a unilateral economic sanction imposed 
     by the United States on another country.
       ``(2) Exclusions.--Paragraph (1) shall not apply to 
     agricultural commodities made available as a result of 
     programs carried out under--
       ``(A) the Agricultural Trade Development and Assistance Act 
     of 1954 (7 U.S.C. 1691 et seq.);
       ``(B) section 416 of the Agricultural Act of 1949 (7 U.S.C. 
     1431);
       ``(C) the Food for Progress Act of 1985 (7 U.S.C. 1736o); 
     or
       ``(D) the Agricultural Trade Act of 1978 (7 U.S.C. 5601 et 
     seq.).
       ``(3) Determination by president.--If the President 
     determines that the exemption provided under paragraph (1) 
     should not apply to a unilateral economic sanction for 
     reasons of foreign policy or national security, the President 
     may include the agricultural commodities made available as a 
     result of the activities described in paragraph (1) in the 
     unilateral economic sanction.
       ``(c) Current Sanctions.--

[[Page 3865]]

       ``(1) In general.--Subject to paragraph (2), the exemption 
     under subsection (b)(1) shall apply to a current sanction.
       ``(2) Presidential review.--Not later than 90 days after 
     the date of enactment of the Agricultural Trade Freedom Act, 
     the President shall review each current sanction to determine 
     whether the exemption under subsection (b)(1) should apply to 
     the current sanction.
       ``(3) Application.--The exemption under subsection (b)(1) 
     shall apply to a current sanction beginning on the date that 
     is 180 days after the date of enactment of the Agricultural 
     Trade Freedom Act unless the President determines that the 
     exemption should not apply to the current sanction for 
     reasons of foreign policy or national security.
       ``(d) Report.--
       ``(1) In general.--If the President determines that the 
     exemption under subsection (b)(2) or (c)(2) should not apply 
     to a unilateral economic sanction, the President shall submit 
     a report to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate--
       ``(A) in the case of a current sanction, not later than 15 
     days after the date of the determination under subsection 
     (c)(2); and
       ``(B) in the case of a new sanction, on the date of the 
     imposition of the new sanction.
       ``(2) Contents of report.--The report shall contain--
       ``(A) an explanation of the foreign policy or national 
     security reasons for which the exemption should not apply to 
     the unilateral economic sanction; and
       ``(B) an assessment by the Secretary--
       ``(i) regarding export sales--

       ``(I) in the case of a current sanction, whether markets in 
     the sanctioned country or countries present a substantial 
     trade opportunity for export sales of a United States 
     agricultural commodity; or
       ``(II) in the case of a new sanction, the extent to which 
     any country or countries to be sanctioned or likely to be 
     sanctioned are markets that accounted for, during the 
     preceding calendar year, more than 3 percent of export sales 
     of a United States agricultural commodity;

       ``(ii) regarding the effect on United States agricultural 
     commodities--

       ``(I) in the case of a current sanction, the potential for 
     export sales of United States agricultural commodities in the 
     sanctioned country or countries; and
       ``(II) in the case of a new sanction, the likelihood that 
     exports of United States agricultural commodities will be 
     affected by the new sanction or by retaliation by any country 
     to be sanctioned or likely to be sanctioned, including a 
     description of specific United States agricultural 
     commodities that are most likely to be affected;

       ``(iii) regarding the income of agricultural producers--

       ``(I) in the case of a current sanction, the potential for 
     increasing the income of producers of the United States 
     agricultural commodities involved; and
       ``(II) in the case of a new sanction, the likely effect on 
     incomes of producers of the agricultural commodities 
     involved;

       ``(iv) regarding displacement of United States suppliers--

       ``(I) in the case of a current sanction, the potential for 
     increased competition for United States suppliers of the 
     agricultural commodity in countries that are not subject to 
     the current sanction; and
       ``(II) in the case of a new sanction, the extent to which 
     the new sanction would permit foreign suppliers to replace 
     United States suppliers; and

       ``(v) regarding the reputation of United States 
     agricultural producers as reliable suppliers--

       ``(I) in the case of a current sanction, whether removing 
     the sanction would increase the reputation of United States 
     producers as reliable suppliers of agricultural commodities 
     in general, and of specific agricultural commodities 
     identified by the Secretary; and
       ``(II) in the case of a new sanction, the likely effect of 
     the proposed sanction on the reputation of United States 
     producers as reliable suppliers of agricultural commodities 
     in general, and of specific agricultural commodities 
     identified by the Secretary.''.

     SEC. 4. OBJECTIVES FOR AGRICULTURAL NEGOTIATIONS.

       It is the sense of Congress that the principal agricultural 
     trade negotiating objectives of the United States for future 
     multilateral and bilateral trade negotiations (including 
     negotiations involving the World Trade Organization) should 
     be to achieve, on an expedited basis and to the maximum 
     extent practicable, more open and fair conditions for trade 
     in agricultural commodities by--
       (1) developing, strengthening, and clarifying rules for 
     trade in agricultural commodities, including eliminating or 
     reducing restrictive or trade-distorting import and export 
     practices, including--
       (A) enhancing the operation and effectiveness of the 
     relevant provisions of the Uruguay Round Agreements designed 
     to define, deter, and discourage the persistent use of unfair 
     trade practices; and
       (B) enforcing and strengthening rules of the World Trade 
     Organization regarding--
       (i) trade-distorting practices of state trading enterprises 
     and similar public and private trading enterprises; and
       (ii) the acts, practices, or policies of a foreign 
     government that unreasonably--

       (I) require that substantial direct investment in the 
     foreign country be made as a condition for carrying on 
     business in the foreign country;
       (II) require that intellectual property be licensed to the 
     foreign country or to any firm of the foreign country; or
       (III) delay or preclude implementation of a report of a 
     dispute panel of the World Trade Organization;

       (2) increasing the export of United States agricultural 
     commodities by eliminating barriers to trade (including 
     transparent and nontransparent barriers);
       (3) eliminating other specific constraints to fair trade 
     (such as export subsidies, quotas, and other nontariff import 
     barriers and more open market access) in foreign markets for 
     United States agricultural commodities;
       (4) developing, strengthening, and clarifying rules that 
     address practices that unfairly limit United States market 
     access opportunities or distort markets for United States 
     agricultural commodities to the detriment of the United 
     States, including--
       (A) unfair or trade-distorting activities of state trading 
     enterprises, and similar public and private trading 
     enterprises, that result in inadequate price transparency;
       (B) unjustified restrictions or commercial requirements 
     affecting new technologies, including biotechnology;
       (C) unjustified sanitary or phytosanitary restrictions; and
       (D) restrictive rules in the establishment and 
     administration of tariff-rate quotas;
       (5) ensuring that there are reliable suppliers of 
     agricultural commodities in international commerce by 
     encouraging countries to treat foreign buyers no less 
     favorably than domestic buyers of the commodity or product 
     involved; and
       (6) eliminating nontariff trade barriers for meeting the 
     food needs of an increasing world population through the use 
     of biotechnology by--
       (A) ensuring market access to United States agricultural 
     commodities derived from biotechnology that is scientifically 
     defensible;
       (B) opposing the establishment of protectionist trade 
     measures disguised as health standards; and
       (C) protesting continual delays by other countries in their 
     approval processes.

     SEC. 5. SALE OR BARTER OF FOOD ASSISTANCE.

       It is the sense of Congress that the amendments to section 
     203 of the Agricultural Trade Development and Assistance Act 
     of 1954 (7 U.S.C. 1723) made by section 208 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (Public Law 
     104-127; 110 Stat. 954) were intended to allow the sale or 
     barter of United States agricultural commodities in 
     connection with United States food assistance only within the 
     recipient country or countries adjacent to the recipient 
     country, unless--
       (1) the sale or barter within the recipient country or 
     adjacent countries is not practicable; and
       (2) the sale or barter within countries other than the 
     recipient country or adjacent countries will not disrupt 
     commercial markets for the agricultural commodity involved.

     SEC. 6. SENSE OF CONGRESS REGARDING RELIEF FROM UNFAIR TRADE 
                   PRACTICES AFFECTING UNITED STATES AGRICULTURAL 
                   COMMODITIES.

       (a) Findings.--Congress finds that--
       (1) often dispute settlement proceedings to resolve unfair 
     trade practices of foreign countries that restrict market 
     access of United States agricultural commodities are 
     inadequate, time consuming, and cumbersome; and
       (2) practices that unfairly limit market access 
     opportunities for United States agricultural commodities 
     through export subsidies and import barriers include--
       (A) unfair or trade-distorting activities of state trading 
     enterprises, and similar public and private trading 
     enterprises, that result in inadequate price transparency;
       (B) unjustified restrictions or commercial requirements 
     affecting new technologies, including biotechnology, that are 
     not scientifically defensible;
       (C) unjustified sanitary or phytosanitary restrictions;
       (D) restrictive rules for the establishment and 
     administration of tariff-rate quotas;
       (E) requirements that substantial direct investment in the 
     foreign country be made as a condition for carrying on 
     business in the foreign country; and
       (F) requirements that intellectual property be licensed to 
     the foreign country or to any firm of the foreign country.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Agriculture should aggressively use the 
     authorities granted to the Secretary under section 302 of the 
     Agricultural Trade Act of 1978 (7 U.S.C. 5652), which 
     provides the Secretary with the authority to use programs of 
     the Department of Agriculture for the agricultural commodity 
     involved when there is undue delay in a dispute resolution 
     proceeding of

[[Page 3866]]

     an international trade agreement (such as an agreement 
     administered by the World Trade Organization).

     SEC. 7. MICRONUTRIENT FORTIFICATION PILOT PROGRAM.

       Section 415 of the Agricultural Trade Development and 
     Assistance Act of 1954 (7 U.S.C. 1736g-2) is repealed.

     SEC. 8. TECHNICAL CORRECTIONS.

       (a) Administrative Provisions.--Section 216 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (Public Law 
     104-127; 110 Stat. 957) is amended--
       (1) in paragraph (2), by striking ``subsection (c)'' and 
     inserting ``subsection (b)'';
       (2) in paragraph (3), by striking ``subsection (d)'' and 
     inserting ``subsection (c)'';
       (3) in paragraph (4), by striking ``subsection (g)(2)'' and 
     inserting ``subsection (f)(2)''; and
       (4) in paragraph (5), by striking ``subsection (h)'' and 
     inserting ``subsection (g)''.
       (b) Emerging Markets.--Section 1542(d)(1)(A)(i) of the 
     Food, Agriculture, Conservation, and Trade Act of 1990 
     (Public Law 101-624; 7 U.S.C. 5622 note) is amended by 
     striking ``such democracies'' and inserting ``the markets''.
       (c) Trade Compensation and Assistance Programs.--Section 
     417(a) of the Agricultural Trade Act of 1978 (7 U.S.C. 
     5677(a)) is amended by inserting ``of an agricultural 
     commodity'' after ``causes exports''.
       (d) Effective Date.--The amendments made by this section 
     take effect on April 4, 1996.

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