Directs: (1) the Secretary of Transportation and the Administrator of the Environmental Protection Agency (EPA) to designate as hazardous certain byproducts of the methamphetamine production process and expand penalties against laboratory operators; (2) the Administrator of the Drug Enforcement Administration to list byproducts likely to cause long-term environmental harm; (3) the Secretary of Labor, acting through the Occupational Safety and Health Administration, to provide grants to State and local law enforcement for specified training and equipment acquisition; (4) the EPA Administrator to study the impact of methamphetamine laboratory operation on the environment; and (5) the Secretary of Health and Human Services to study contamination issues.
Amends: (1) the Elementary and Secondary Education Act of 1965 to authorize grants for educational programs; (2) the Public Health Service Act to authorize grants to provide treatment; (3) the Omnibus Crime Control and Safe Streets Act of 1968 to include among permissible grant projects under the "cops on the beat" program hiring personnel and purchasing equipment; and (4) the Controlled Substances Act to set penalties for promoting, for commercial purposes, an entertainment event where the promoter knows that a controlled substance will be used or distributed in violation of specified law.
Urges the President to seek commitments from the Canadian Government regarding the availability of pseudoephedrine.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 834 Introduced in House (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--
(1) in section 4003--
(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.
``(d) Funding.--
``(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.
<all>
Introduced in House
Sponsor introductory remarks on measure. (CR E246-247)
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.
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.
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.
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.
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.
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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.
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.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on National Parks, Recreation and Public Lands.
Referred to the Subcommittee on Forests and Forest Health.
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Executive Comment Requested from USDA, Interior.
Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.
Executive Comment Requested from USDA.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on Environment and Hazardous Materials.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on Education Reform.