Comprehensive Methamphetamine Abuse Reduction Act - Amends the Public Health Service Act (the Act) to authorize the Director of the Center for Substance Abuse Prevention to make grants to, and enter into contracts and cooperative agreements with, public and non-profit private entities to carry out: (1) school-based programs concerning the dangers of methamphetamine abuse and addiction, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and (2) community based methamphetamine abuse and addiction prevention programs.
Requires that: (1) sums made available be used for planning, establishing, or administering methamphetamine prevention programs; and (2) the Director give priority in making grants to rural and urban areas that are experiencing a high rate or rapid increases in methamphetamine abuse and addiction.
Sets forth: (1) provisions regarding allotment of specified sums available for analyses and evaluations of effective prevention programs and the development of strategies for disseminating information about, and implementing, such programs; and (2) reporting requirements. Authorizes appropriations.
(Sec. 3) Directs the United States Sentencing Commission to promulgate or amend existing Federal sentencing guidelines to increase the base offense levels for offenses relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine.
Authorizes appropriations to the Office of National Drug Control Policy (ONDCP) to combat the trafficking of methamphetamine in areas designated by the Director of National Drug Control Policy as high intensity drug trafficking areas. Earmarks specified sums to assist drug analysis laboratories in areas with a high rate of methamphetamine abuse or addiction.
(Sec. 4) Amends the Act to authorize the Director of the Center for Substance Abuse Prevention to make grants to, and enter into contracts and cooperative agreements with, public and non-profit private entities for the purpose of expanding activities for the treatment of methamphetamine abuse and addiction, and for the treatment of methamphetamine addicts who also abuse other illegal drugs. Sets forth analogous provisions regarding the use of funds, permissible treatment programs and activities, priority in making grants, analyses and evaluation, reporting requirements, and authorization of appropriations.
(Sec. 5) Amends the Act to authorize the Director of the National Institute on Drug Abuse to 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. Requires the Director to promptly disseminate research results to Federal, State, and local entities involved in combating methamphetamine abuse and addiction. Authorizes appropriations.
(Sec. 6) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to States, State and local courts, local governments, and Indian tribal governments 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 specified other sanctions and services, including mandatory periodic drug testing during any period of supervised release or probation for each participant, referral to a community-based treatment facility, and aftercare services. Directs the Attorney General to suspend funding for any grant upon finding that violent offenders are participating. Authorizes appropriations.
(Sec. 7) Directs: (1) the Secretary of Health and Human Services (HHS) to convene a National Conference on Methamphetamine Abuse and Treatment; and (2) the Attorney General, jointly with the Secretaries of Education and HHS and the Director of ONDCP, to develop a comprehensive strategic plan to combat the methamphetamine problem in the United States.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 988 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 988
To provide for a comprehensive, coordinated effort to combat
methamphetamine abuse, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 4, 1999
Mr. Boswell introduced the following bill; which was referred to the
Committee on Commerce, and in addition to the Committee on 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 provide for a comprehensive, coordinated effort to combat
methamphetamine abuse, 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.
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 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 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
combating 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
(5) 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Commerce, and in addition to the Committee on 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.
Referred to the Committee on Commerce, and in addition to the Committee on 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.
Referred to the Committee on Commerce, and in addition to the Committee on 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.
Referred to the Subcommittee on Crime.
Referred to the Subcommittee on Health and Environment.
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