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As we begin the legislative business of the Senate this year, we must strengthen our efforts to stop illegal drug use and drug-related crime and violence. We must fulfill our moral obligation to communicate the dangers and consequences of illegal drug use. Continuing our fight against the threat of drug abuse is one of the most important contributions the 106th Congress
[Page: S571] GPO's PDF
Under current law, a dealer must distribute 500 grams of powder cocaine to qualify for a 5-year mandatory minimum prison sentence, and distribute 5 grams of crack cocaine for that offense. These sentencing guidelines result in a 100-to-1 quantity ratio between powder and more severe crack cocaine distribution sentences. This disparity has caused a great deal of concern among members of Congress and the administration. Unfortunately, the Clinton administration fails to see the dangers in changing the federal crack cocaine distribution law.
During the 104th Congress, the U.S. Sentencing Commission recommended a lower threshold under which a convicted person may receive a 5-year mandatory sentence in cases involving the distribution of crack cocaine. Through the leadership of Senator ABRAHAM, Congress overwhelmingly passed legislation which rejected the Sentencing Commission's proposal. At the signing ceremony for this legislation, President Clinton expressed the strong message its enactment would send to our Nation and those who choose to deal drugs throughout our communities.
President Clinton remarked,
We have to send a constant message to our children that drugs are illegal, drugs are dangerous, drugs may cost you your life--and the penalties for dealing drugs are severe. I am not going to let anyone who peddles drugs get the idea that the cost of doing business is going down.
Regrettably, the Clinton administration continues to promote a federal sentencing policy for crack cocaine offenses that fails to recognize the dangerous and addictive nature of this illegal substance and its impact upon violent crime throughout our communities. In an April 1997 report to Congress, the Sentencing Commission unanimously recommended an increase in the mandatory minimum trigger for the distribution of crack cocaine.
I share the views expressed by the administration and community groups in my home state of Minnesota that the current penalty disparity in cocaine sentencing should be addressed. However, I disagree with the ill-advised manner in which the administration seeks to achieve this goal by making the mandatory minimum prison sentences for crack cocaine dealers at least five times more lenient than they are today.
Mr. President, the legislation offered today by Senator ABRAHAM represents a fair and effective approach toward federal cocaine sentencing policy. Rather than make federal crack cocaine sentences more lenient, the Abraham bill would reduce from 500 to 50 grams the amount of powder cocaine a person must be convicted of distributing before receiving a mandatory 5-year sentence. This legislation would adjust the current 100-to-1 quantity ratio to 10-to-1 by toughening powder cocaine sentences without reducing crack cocaine sentences.
By February 1, Congress will receive a National Drug Control Strategy from the Office of National Drug Control Policy which will contain goals for reducing drug abuse in the United States. As part of this plan, I am hopeful that National Drug Control Policy Director Barry McCaffrey will speak out forcefully against any proposal to make sentences for a person who is convicted of dealing crack cocaine more lenient. Punishing drug dealers who prey upon the innocence of our children should be a critical component of our nation's drug strategy.
Mr. President, I urge my colleagues to support the ``Powder Cocaine Sentencing Act of 1999'' and reject lower federal crack sentences. We should exercise greater oversight of federal sentencing policy for cocaine offenses. Passage of this legislation will help give greater protection to Americans from drugs by keeping offenders off the streets for longer periods of time.
By Mr. ABRAHAM (for himself, Mr. LEVIN, Mr. ASHCROFT, and Mr. DEWINE):
S. 147. A bill to provide for a reduction in regulatory costs by maintaining Federal average fuel economy standards ap plicable to automobiles in effect at current levels until changed by law, and for other purposes; to the Committee on Commerce, Science, and Transportation.
CORPORATE AVERAGE FUEL ECONOMY STANDARDS Mr. ABRAHAM. Mr. President, I rise today to introduce legislation with Senators LEVIN, ASHCROFT, and DEWINE that would freeze the Corporate Average Fuel Economy standards--k nown as CAFE--a t current levels unless changed by Congress.
This issue is attracting an increased amount of attention as automobile manufacturers continue to increase car and light truck efficiency and as Americans begin to understand the consequences of increased fuel economy standards: l ess consumer choice, more dangerous vehicles and reduced competitiveness for domestic automobile manufacturers. Perhaps, Mr. President, some of these repercussions could be easier to accept if the supposed benefits of increased CAFE st andards we re ever realized, but this has not occurred. In the two decades since CAFE st andards we re first mandated, this Nation's oil imports have grown to account for nearly half our annual consumption and the average number of miles driven by Americans has increased.
Mr. President, last session 15 Senators from both sides of the aisle joined me in sponsoring this legislation. Given the importance of the automobile industry to the continued economic health of the country, the preference for increased capacity that American consumers have demonstrated and the producers' continuing trend toward more efficient engines, it is time for the setting of CAFE st andards to once again reside with elected officials.
I urge my colleagues to cosponsor this legislation and ask 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:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. AVERAGE FUEL ECONOMY STANDARDS.< SPAN> b>
Beginning on the date of enactment of this Act, the
average fuel economy standards es
tablished (whether directly or indirectly) under regulations promulgated by the
Secretary of Transportation under chapter 329 of title 49, United States Code,
prior to the date of enactment of this Act for automobiles (as that term is
defined in section 32901 of title 49, United States Code) that are in effect on
the day before the date of enactment of this Act, shall apply without amendment,
change, or other modification of any kind (whether direct or indirect) for--
(1) the model years specified in the regulations;
(2) the applicable automobiles specified in the
regulations last promulgated for such automobiles; and
(3) each model year thereafter;
until chapter 329 of title 49, United States Code, is
specifically amended to authorize an amendment, change, or other modification to
such standards or is otherwise
modified or superseded by law.
By Mr. ABRAHAM (for himself, Mr DASCHLE, Mr.
CHAFEE, Mr. HATCH, and Mr. DURBIN):
S. 148. A bill to require the Secretary of the Interior to
establish a program to provide assistance in the conservation of neotropical
migratory birds; to the Committee on Environment and Public Works.
MIGRATORY BIRD PROTECTION
Mr. ABRAHAM. Mr. President, I rise today to introduce the
``Neotropical Migratory Bird Conservation Act of 1999.'' This legislation, which
I am introducing today with my distinguished colleagues, Senator DASCHLE
and Senator CHAFEE, is designed to protect over 90 endangered species
of bird spending certain seasons in the United States and other seasons in other
nations of the Western Hemisphere. This is actually the second time Senator
DASCHLE and I have introduced this bill. Last year, after receiving
considerable support from the environmental community, this legislation passed
the Senate by unanimous consent. Unfortunately, time ran out for equal
consideration in the House. Nevertheless, we are back again with renewed
determination and I believe the effort in the 106th Congress will prove
successful.
Every year, Mr. President, approximately 25 million
Americans travel to observe birds, and 60 million American adults watch and feed
birds at home. Bird-watching is a source of real pleasure to many Americans, as
well as a source of important revenue to states,
Birdwatching is a popular activity in Michigan, and its
increased popularity is reflected by an increase in tourist dollars being spent
in small, rural communities. Healthy bird populations also prevent hundreds of
millions of dollars in economic losses each year to farming and timber
interests. They help control insect populations, thereby preventing crop
failures and infestations.
Despite the enormous benefits we derive from our bird
populations, many of them are struggling to survive. Ninety species are listed
as endangered or threatened in the United States. Another 124 species are of
high conservation concern. In my own state we are working to bring the
Kirtland's Warbler back from the brink of extinction. In recent years, the
population of this distinctive bird has been estimated at approximately 200
nesting pairs. That number has recently increased to an estimated 800 nesting
pairs, but this entire species spends half of the year in the Bahamas.
Therefore, the significant efforts made by Michigan's Department of Natural
Resources and concerned residents will not be enough to save this bird if its
winter habitat is degraded or destroyed. Not surprisingly, the primary reason
for most declines is the loss of bird habitat.
This situation is not unique, among bird watchers'
favorites, many neotropical birds are endangered or of high conservation
concern. And several of the most popular neotropical species, including
bluebirds, robins, goldfinches and orioles, migrate to and from the Caribbean
and Latin America.
Because neotropical migratory birds range across a number
of international borders every year, we must work to establish safeguards at
both ends of their migration routes, as well as at critical stopover areas along
their way. Only in this way can conservation efforts prove successful.
That is why Senator DASCHLE, Senator CHAFEE
and I have introduced the ``Neotropical Migratory Bird Conservation Act.''
This legislation will protect bird habitats across international boundaries by
establishing partnerships between the
business community, nongovernmental organizations and
foreign nations. By teaming businesses with international organizations
concerned to protect the environment we can combine capital with know-how. By
partnering these entities with local organizations in countries where bird
habitat is endangered we can see to it that local people receive the training
they need to preserve this habitat and maintain this critical natural resource.
This act establishes a three year demonstration project
providing $8 million each year to help establish programs in the United States,
Latin America and the Caribbean. The greater portion of these funds will be
focused outside the U.S. Approved programs will manage and conserve neotropical
migratory bird populations. Those eligible to participate will include national
and international nongovernmental organizations and business interest, as well
as U.S. government entities.
The key to this act is cooperation among nongovernmental
organizations. The federal share of each project's cost is never to exceed 33
percent. For grants awarded outside the U.S., the nonfederal match can be made
with in-kind contributions. This will encourage volunteerism and local interest
in communities that lack the financial resource to contribute currency. Since
domestic organizations and communities are more financially secure, the matching
portion of grants awarded within the U.S. will be required in cash.
The approach taken by this legislation differs from that of
current programs in that it is proactive and, by avoiding a crisis management
approach, will prove significantly more cost effective. In addition, this
legislation does not call for complicated and expensive bureaucratic structures
such as councils, commissions or multi-tiered oversight structures. Further,
this legislation will bring needed attention and expertise to areas now
receiving relatively little attention in the area of environmental degradation.
This legislation has the support of the National Audubon
Society, the American Bird Conservancy and the Ornithological Council. These
organizations agree with Senator DASCHLE, SENATOR CHAFEE and I
that, by establishing partnerships between business, government and
nongovernmental organizations both here and abroad we can greatly enhance the
protection of migratory bird habitat.
I urge my colleagues to support this bill and ask that a
copy of the legislation be printed in the RECORD.
There being no objection, the bill was ordered to be
printed in the RECORD, as follows:
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 ``Neotropical Migratory Bird
Conservation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) of the nearly 800 bird species known to occur in the
United States, approximately 500 migrate among countries, and the large majority
of those species, the neotropical migrants, winter in Latin America and the
Caribbean;
(2) neotropical migratory bird species provide invaluable
environmental, economic, recreational, and aesthetic benefits to the United
States, as well as to the Western Hemisphere;
(3)(A) many neotropical migratory bird populations, once
considered common, are in decline, and some have declined to the point that
their long-term survival in the wild is in jeopardy; and
(B) the primary reason for the decline in the populations
of those species is habitat loss and degradation (including pollution and
contamination) across the species' range; and
(4)(A) because neotropical migratory birds range across
numerous international borders each year, their conservation requires the
commitment and effort of all countries along their migration routes; and
(B) although numerous initiatives exist to conserve
migratory birds and their habitat, those initiatives can be significantly
strengthened and enhanced by increased coordination.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to perpetuate healthy populations of neotropical
migratory birds;
(2) to assist in the conservation of neotropical migratory
birds by supporting conservation initiatives in the United States, Latin
America, and the Caribbean; and
(3) to provide financial resources and to foster
international cooperation for those initiatives.
SEC. 4. DEFINITIONS.
In this Act:
(1) ACCOUNT.--The term ``Account'' means the
Neotropical Migratory Bird Conservation Account established by section 9(a).
(2) CONSERVATION.--The term ``conservation'' means
the use of methods and procedures necessary to bring a species of neotropical
migratory bird to the point at which there are sufficient populations in the
wild to ensure the long-term viability of the species, including--
(A) protection and management of neotropical migratory
bird populations;
(B) maintenance, management, protection, and restoration
of neotropical migratory bird habitat;
(C) research and monitoring;
(D) law enforcement; and
(E) community outreach and education.
(3) SECRETARY.--The term ``Secretary'' means the
Secretary of the Interior.
SEC. 5. FINANCIAL ASSISTANCE.
(a) IN GENERAL.--The Secretary shall establish a
program to provide financial assistance for projects to promote the conservation
of neotropical migratory birds.
(b) PROJECT APPLICANTS.--A project proposal may be
submitted by--
(1) an individual, corporation, partnership, trust,
association, or other private entity;
(2) an officer, employee, agent, department, or
instrumentality of the Federal Government, of any State, municipality, or
political subdivision of a State, or of any foreign government;
(3) a State, municipality, or political subdivision of a
State;
(4) any other entity subject to the jurisdiction of the
United States or of any foreign country; and
(5) an international organization (as defined in section 1
of the International Organizations Immunities Act (22 U.S.C. 288)).
(c) PROJECT PROPOSALS.--To be considered for
financial assistance for a project under this Act, an applicant shall submit a
project proposal that--
(1) includes--
(A) the name of the individual responsible for the
project;
(B) a succinct statement of the purposes of the project;
(C) a description of the qualifications of individuals
conducting the project; and
(D) an estimate of the funds and time necessary to
complete the project, including sources and amounts of matching funds;
(2) demonstrates that the project will enhance the
conservation of neotropical migratory bird species in Latin America, the
Caribbean, or the United States;
(3) includes mechanisms to ensure adequate local public
participation in project development and implementation;
(4) contains assurances that the project will be
implemented in consultation with relevant wildlife management authorities and
other appropriate government officials with jurisdiction over the resources
addressed by the project;
[Page: S572] GPO's PDF
[Page: S573] GPO's PDF
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