| HR 834 IH
108th CONGRESS
1st Session
H. R. 834
To respond to the
illegal production, distribution, and use of methamphetamines in the United
States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 13, 2003
Mr. OSE (for himself, Mr. BLUNT,
Mr. PORTMAN, Mr. SOUDER, Mr. MICA, Mr. CANNON, Mr. CALVERT, Mr. CUMMINGS,
Mr. COBLE, Mr. TOWNS, Mr. GOODLATTE, Mr. HERGER, Mr. DOOLITTLE, Mr. LEWIS
of California, Mr. LATHAM, Mr. RADANOVICH, Mr. UDALL of New Mexico, Mr.
BEREUTER, Mr. GIBBONS, Mr. WALDEN of Oregon, Mr. SESSIONS, Mrs. TAUSCHER,
Mr. CRANE, Ms. HARMAN, Mrs. WILSON of New Mexico, Ms. WOOLSEY, Mr. CUNNINGHAM,
Mr. MATHESON, Mr. WILSON of South Carolina, Ms. BERKLEY, Mr. NETHERCUTT,
Ms. LOFGREN, Mr. MCINNIS, Mr. COSTELLO, Mr. ADERHOLT, Mr. CARSON of Oklahoma,
Mr. PUTNAM, Mr. DOOLEY of California, Mr. OSBORNE, Mr. CARDOZA, Mr. GRAVES,
Mr. FILNER, Mr. TERRY, Mrs. BONO, Mr. OTTER, Mr. PETERSON of Pennsylvania,
Mr. ENGLISH, Mr. GILLMOR, Mr. LANTOS, Mr. SIMMONS, Mr. HOLDEN, Mr. ISSA,
Mr. POMEROY, Mrs. JO ANN DAVIS of Virginia, Mr. HUNTER, Mr. SULLIVAN, Mr.
HILL, Mr. BALLENGER, Mr. CASE, Mr. NUNES, Mr. UPTON, Mr. EHLERS, Mr. LEACH,
and Mr. THOMPSON of California) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to the
Committees on Agriculture, Resources, Transportation and Infrastructure,
Education and the Workforce, and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To respond to the
illegal production, distribution, and use of methamphetamines in the United
States, and for other purposes.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE; TABLE
OF CONTENTS.
(a) SHORT TITLE- This Act
may be cited as the `Clean, Learn, Educate, Abolish, Neutralize, and Undermine
Production (CLEAN-UP) of Methamphetamines Act'.
(b) TABLE OF CONTENTS- The
table of contents for this Act is as follows:
Sec. 1. Short title; table
of contents.
TITLE I--ENVIRONMENTAL PROTECTION
Sec. 101. Response to environmental
hazards associated with illegal manufacture of methamphetamine on Department
of Agriculture and Department of the Interior lands.
Sec. 102. Grant program
to assist State and local government and private response to environmental
hazards associated with illegal manufacture of methamphetamine on agricultural
lands.
Sec. 103. Designation of
by-products of methamphetamine laboratories as hazardous materials and
waste under Hazardous Materials Transportation Act and Solid Waste Disposal
Act.
Sec. 104. Grant program
to assist law enforcement agencies in the safe identification, cleanup,
and disposal of methamphetamine laboratories.
Sec. 105. Grant program
to assist law enforcement agencies in meeting the costs of complying with
Federal laws relating to methamphetamine laboratory cleanup and disposal.
Sec. 106. Study of environmental
impact.
TITLE II--EDUCATION, PREVENTION,
AND TREATMENT
Sec. 201. Study regarding
health effects of exposure to process of unlawful manufacture of methamphetamine.
Sec. 202. Grants for educational
programs on prevention and treatment of methamphetamine abuse.
Sec. 203. Local grants for
treatment of methamphetamine abuse and related conditions.
TITLE III--ENFORCEMENT
Sec. 301. Authorization
of appropriations relating to methamphetamine laboratory seizure statistics.
Sec. 302. Authorization
of appropriations relating to COPS grants.
Sec. 303. Expansion of methamphetamine
Hot Spots program to include personnel and equipment for enforcement, prosecution,
and environmental cleanup.
Sec. 304. Authorization
of appropriations relating to the clandestine laboratory training.
Sec. 305. Liability of promoters
of commercial drug-oriented entertainment.
Sec. 306. Statement of Congress
regarding availability and illegal importation of pseudoephedrine from
Canada.
TITLE I--ENVIRONMENTAL PROTECTION
SEC. 101. RESPONSE TO ENVIRONMENTAL
HAZARDS ASSOCIATED WITH ILLEGAL MANUFACTURE OF METHAMPHETAMINE ON DEPARTMENT
OF AGRICULTURE AND DEPARTMENT OF THE INTERIOR LANDS.
(a) RESPONSE ACTIVITIES-
The Secretary of Agriculture and the Secretary of the Interior may carry
out programs for the environmental clean up and remediation of National
Forest System lands and other lands under the jurisdiction of the Department
of Agriculture and National Park System lands and other lands under the
jurisdiction of the Department of the Interior that are contaminated with
any hazardous substance or pollutant associated with the illegal manufacture
of methamphetamine.
(b) AUTHORIZATION OF APPROPRIATIONS-
There is authorized to be appropriated $15,000,000 to carry out the programs
authorized in subsection (a).
SEC. 102. GRANT PROGRAM TO ASSIST
STATE AND LOCAL GOVERNMENT AND PRIVATE RESPONSE TO ENVIRONMENTAL HAZARDS
ASSOCIATED WITH ILLEGAL MANUFACTURE OF METHAMPHETAMINE ON AGRICULTURAL
LANDS.
(a) GRANTS AUTHORIZED- The
Secretary of Agriculture may make grants to State and local governments
and to private persons to assist the efforts of State and local governments
and private persons to clean up and remediate agricultural lands that are
contaminated with any hazardous substance or pollutant associated with
the illegal manufacture of methamphetamine. No grant may be made under
this subsection to any person who is responsible for the contamination.
(b) AUTHORIZATION OF APPROPRIATIONS-
There is authorized to be appropriated to the Secretary of Agriculture
$15,000,000 to make grants under subsection (a).
SEC. 103. DESIGNATION OF BY-PRODUCTS
OF METHAMPHETAMINE LABORATORIES AS HAZARDOUS MATERIALS AND WASTE UNDER
HAZARDOUS MATERIALS TRANSPORTATION ACT AND SOLID WASTE DISPOSAL ACT.
(a) HAZARDOUS MATERIALS
TRANSPORTATION ACT- The Secretary of Transportation shall utilize the authority
provided by section 5103 of title 49, United States Code, to designate
certain by-products of the methamphetamine production process as hazardous
materials for purposes of chapter 51 of such title to protect the environment
from the environmental harm caused by certain by-products of illegal methamphetamine
laboratories and to expand the civil and criminal penalties available against
persons who operate such laboratories.
(b) SOLID WASTE DISPOSAL
ACT- The Administrator of the Environmental Protection Agency shall utilize
the authority provided by section 3001 of the Solid Waste Disposal Act
(42 U.S.C. 6921) to designate certain by-products of the methamphetamine
production process as hazardous waste for purposes of such Act (42 U.S.C.
6901 et seq.) to protect the environment from the environmental harm caused
by certain by-products of illegal methamphetamine laboratories and to expand
the civil and criminal penalties available against persons who operate
such laboratories.
(c) COVERED MATERIALS- Not
later than 13 months after the date of the enactment of this Act, the Administrator
of the Drug Enforcement Administration shall submit to the Secretary of
Transportation and the Administrator of the Environmental Protection Agency
a list of those by-products of the methamphetamine production process that,
in the event of improper disposal and inadequate remediation, are likely
to cause long-term harm to the environment. The Administrator of the Drug
Enforcement Administration shall take into consideration the report required
by section 106 in preparing the initial list and shall revise the list
annually thereafter as necessary to reflect changes in the methamphetamine
production process.
(d) TIME FOR DESIGNATION-
The designations required by subsections (a) and (b) shall be completed
not later than 18 months after the date of the enactment of this Act. If
the Administrator of the Drug Enforcement Administration revises the list
referred to in subsection (c), the Secretary of Transportation and the
Administrator of the Environmental Protection Agency shall complete additional
designations to reflect the revisions made to the list not later than 18
months after the date of the submission of the revised list.
SEC. 104. GRANT PROGRAM TO ASSIST
LAW ENFORCEMENT AGENCIES IN THE SAFE IDENTIFICATION, CLEANUP, AND DISPOSAL
OF METHAMPHETAMINE LABORATORIES.
(a) GRANTS AUTHORIZED- The
Secretary of Labor, acting through the Occupational Safety and Health Administration,
shall provide grants to State and local law enforcement agencies for--
(1) training in safe procedures
for identifying, cleaning up, and disposing of methamphetamine laboratories,
and
(2) acquisition of equipment
for the safe identification, cleanup, and disposal of methamphetamine laboratories,
including costs associated
with such training and acquisition provided by public agencies or private
organizations.
(b) RULEMAKING- The Secretary
of Labor may prescribe rules to carry out this section.
(c) AUTHORIZATION OF APPROPRIATIONS-
There are authorized to be appropriated to carry out this section $20,000,000
for fiscal year 2005.
SEC. 105. GRANT PROGRAM TO ASSIST
LAW ENFORCEMENT AGENCIES IN MEETING THE COSTS OF COMPLYING WITH FEDERAL
LAWS RELATING TO METHAMPHETAMINE LABORATORY CLEANUP AND DISPOSAL.
(a) GRANTS AUTHORIZED- The
Secretary of Labor shall provide grants to State and local law enforcement
agencies to assist such agencies in meeting the costs of complying with
Federal laws regarding the cleanup and disposal of methamphetamine laboratories.
(b) RULEMAKING- The Secretary
of Labor may prescribe rules to carry out this section.
(c) AUTHORIZATION OF APPROPRIATIONS-
There are authorized to be appropriated to carry out this section $10,000,000
for fiscal year 2005.
SEC. 106. STUDY OF ENVIRONMENTAL
IMPACT.
(a) STUDY REQUIRED- Not
later than one year after the date of the enactment of this Act, the Administrator
of the Environmental Protection Agency shall submit to Congress a study
of the impact of the operation of laboratories for the manufacture of methamphetamines
on the environment, including the impact on agriculture.
(b) AUTHORIZATION OF APPROPRIATIONS-
There are authorized to be appropriated to the Administrator of the Environmental
Protection Agency $1,000,000 for fiscal year 2005 to conduct the study
required by subsection (a).
TITLE II--EDUCATION, PREVENTION,
AND TREATMENT
SEC. 201. STUDY REGARDING HEALTH
EFFECTS OF EXPOSURE TO PROCESS OF UNLAWFUL MANUFACTURE OF METHAMPHETAMINE.
(a) IN GENERAL- With respect
to the unlawful manufacturing of methamphetamine, the Secretary of Health
and Human Services shall conduct a study for the purpose of determining--
(1) to what extent food,
water, air, soil, equipment, or other matter becomes contaminated with
methamphetamine or other harmful substances as a result of the proximity
of the matter to the process of such manufacturing; and
(2) whether any adverse
health conditions result from the exposure of individuals to such process
or to contaminated matter within the meaning of paragraph (1).
(b) REPORT TO CONGRESS-
Not later than one year after the date of the enactment of this Act, the
Secretary of Health and Human Services shall complete the study under subsection
(a) and submit to the Congress a report describing the findings of the
study.
SEC. 202. GRANTS FOR EDUCATIONAL
PROGRAMS ON PREVENTION AND TREATMENT OF METHAMPHETAMINE ABUSE.
Part A of title IV of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.)
is amended--
(A) at the end of paragraph
(1), by striking `and';
(B) at the end of paragraph
(2), by striking the period and inserting `; and'; and
(C) at the end of the section,
by adding the following:
`(3) $20,000,000 for fiscal
year 2005, for grants under subpart 4.';
(2) by redesignating subpart
4 as subpart 5; and
(3) by inserting after subpart
3 the following:
`Subpart 4--Education on
Prevention and Treatment of Methamphetamine Abuse
`SEC. 4146. GRANT PROGRAM.
`(a) GRANTS- From funds
made available to carry out this subpart under section 4003(3), the Secretary
may make grants on a competitive basis to State agencies, local educational
agencies, and nonprofit organizations to carry out programs to educate
students on prevention and treatment of methamphetamine abuse.
`(b) APPLICATIONS- To receive
a grant under this section, an applicant shall submit an application to
the Secretary at such time, in such manner, and containing such information
as the Secretary may require.'.
SEC. 203. LOCAL GRANTS FOR TREATMENT
OF METHAMPHETAMINE ABUSE AND RELATED CONDITIONS.
Subpart 1 of part B of title
V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended--
(1) by redesignating the
section 514 that relates to methamphetamine and appears after section 514A
as section 514B; and
(2) by inserting after section
514B (as so redesignated) the following section:
`LOCAL GRANTS FOR TREATMENT
OF METHAMPHETAMINE ABUSE AND RELATED CONDITIONS
`SEC. 514C. (a) IN GENERAL-
The Secretary may make grants to political subdivisions of States and to
nonprofit private entities for the purpose of providing treatment for methamphetamine
abuse, subject to subsection (b).
`(b) CERTAIN SERVICES FOR
CHILDREN- In addition to the purpose described in subsection (a), a grant
under such subsection may be expended to treat children for any adverse
health condition resulting from a qualifying methamphetamine-related exposure.
`(c) DEFINITIONS- For purposes
of this section:
`(1) The term `children'
means individuals who are under the age of 18.
`(2)(A) The term `qualifying
methamphetamine-related exposure', with respect to children, means exposure
to methamphetamine or other harmful substances as a result of the proximity
of the children to the process of manufacturing methamphetamine or the
proximity of the children to associated contaminated matter.
`(B) The term `associated
contaminated matter', with respect to the process of manufacturing methamphetamine,
means food, water, air, soil, equipment, or other matter that is contaminated
with methamphetamine or other harmful substances as a result of the proximity
of the matter to such process.
`(1) AUTHORIZATION OF APPROPRIATIONS-
For the purpose of carrying out this section, there are authorized to be
appropriated $10,000,000 for fiscal year 2005.
`(2) ALLOCATION FOR CHILDREN-
Of the amount appropriated under paragraph (1) for a fiscal year, not less
than $2,500,000 shall be reserved for carrying out this section with respect
to children.'.
TITLE III--ENFORCEMENT
SEC. 301. AUTHORIZATION OF APPROPRIATIONS
RELATING TO METHAMPHETAMINE LABORATORY SEIZURE STATISTICS.
In addition to any other
funds authorized to be appropriated for fiscal year 2005 for the collection,
aggregation, and dissemination of methamphetamine laboratory seizure statistics
by the El Paso Intelligence Center (EPIC) of the Department of Justice,
there is authorized to be appropriated $2,000,000 for such purpose.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS
RELATING TO COPS GRANTS.
(a) IN GENERAL- In addition
to any other funds authorized to be appropriated for fiscal year 2005 for
grants under part Q of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796dd et seq.), known as the COPS program, there
is authorized to be appropriated $20,000,000 for such purpose to provide
training to State and local prosecutors and law enforcement agents for
prosecution of methamphetamine offenses.
(b) RURAL SET-ASIDE- Of
amounts made available pursuant to subsection (a), $5,000,000 shall be
available only for prosecutors and law enforcement agents for rural communities.
(c) DEA REIMBURSEMENT- Of
amounts made available pursuant to subsection (a), $2,000,000 shall be
available only to reimburse the Drug Enforcement Administration for existing
training expenses.
SEC. 303. EXPANSION OF METHAMPHETAMINE
HOT SPOTS PROGRAM TO INCLUDE PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION,
AND ENVIRONMENTAL CLEANUP.
Section 1701(d) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended--
(1) in paragraph (10) by
striking `and' at the end;
(2) in paragraph (11) by
striking the period at the end and inserting `; and'; and
(3) by adding at the end
the following new paragraph:
`(12) hire personnel and
purchase equipment to assist in the enforcement and prosecution of methamphetamine
offenses and the environmental cleanup of methamphetamine-affected areas.'.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS
RELATING TO THE CLANDESTINE LABORATORY TRAINING.
In addition to any other
funds authorized to be appropriated for fiscal year 2005 for the facilities
and personnel used to operate the Clandestine Laboratory Training Facility
of the Drug Enforcement Administrated, located in Quantico, Virginia, there
is authorized to be appropriated $10,000,000 for such purpose (but to include
not more than 20 additional fulltime positions) to provide training to
law enforcement personnel of all the States, the District of Columbia,
the Commonwealth of Puerto Rico, and the territories and possessions of
the United States.
SEC. 305. LIABILITY OF PROMOTERS
OF COMMERCIAL DRUG-ORIENTED ENTERTAINMENT.
(a) IN GENERAL- The Controlled
Substances Act is amended by inserting after section 416 (21 U.S.C. 856)
the following new section:
`SEC. 416A. PROMOTERS OF COMMERCIAL
DRUG-ORIENTED ENTERTAINMENT.
`Whoever, for a commercial
purpose, knowingly promotes any rave, dance, music, or other entertainment
event, that takes place under circumstances where the promoter knows or
reasonably ought to know that a controlled substance will be used or distributed
in violation of Federal law or the law of the place where the event is
held, shall be fined under title 18, United States Code, or imprisoned
for not more than 9 years, or both.'.
(b) CLERICAL AMENDMENT-
The table of sections at the beginning of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 is amended by inserting after the item
relating to section 416 the following new item:
`Sec. 416A. Promoters of
drug oriented entertainment.'.
SEC. 306. STATEMENT OF CONGRESS
REGARDING AVAILABILITY AND ILLEGAL IMPORTATION OF PSEUDOEPHEDRINE FROM
CANADA.
(a) FINDINGS- The Congress
finds that--
(1) pseudoephedrine is one
of the basic precursor chemicals used in the manufacture of the dangerous
narcotic methamphetamine;
(2) the Federal Government,
working in cooperation with narcotics agents of State and local governments
and the private sector, has tightened the control of pseudoephedrine in
the United States in recent years;
(3) pseudoephedrine can
only be purchased in the United States in small quantity bottles or blister
packs; however, the widespread presence of large containers of pseudoephedrine
from Canada at methamphetamine laboratories and dumpsites in the United
States, despite efforts of law enforcement agencies to stem the flow of
these containers into the United States, demonstrates the strength of the
demand for, and the inherent difficulties in stemming the flow of, these
containers from neighboring Canada; and
(4) Canada lacks a comprehensive
legislative framework for addressing the pseudoephedrine trafficking problem.
(b) CALL FOR ACTION BY CANADA-
The Congress strongly urges the President to seek commitments from the
Government of Canada to begin immediately to take effective measures to
stem the widespread and increasing availability in Canada and the illegal
importation into the United States of pseudoephedrine.
END
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