[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2347 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2347

 To provide for a coordinated effort to combat methamphetamine abuse, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 1998

  Mr. Harkin introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for a 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.

    (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 non-profit 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; 
                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 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 Labor and Human Resources and 
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 1999, 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) $25,000,000 for fiscal year 1999; and
            (2) such sums as may be necessary for each of fiscal years 
        2000 through 2004.

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 non-profit private entities for the 
        purpose of expanding activities for the treatment of 
        methamphetamine abuse and addiction.
            ``(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 
                        methamphetamine abuse and addiction for health 
                        professionals, including physicians, nurses, 
                        dentists, health educators, public health 
                        professionals, and other health care providers;
                            ``(iii) training in methamphetamine 
                        treatment methods for health plans, health 
                        professionals, including physicians, nurses, 
                        dentists, health educators, public health 
                        professionals, and other health care providers;
                            ``(iv) planning, administration, and 
                        educational activities related to the treatment 
                        of methamphetamine abuse and addiction;
                            ``(v) the monitoring and evaluation of 
                        methamphetamine treatment activities, and 
                        reporting and disseminating resulting 
                        information to health professionals and the 
                        public;
                            ``(vi) targeted pilot programs with 
                        evaluation components to encourage innovation 
                        and experimentation with new methodologies; and
                            ``(vii) 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 Labor and Human Resources 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), $40,000,000 for 
        fiscal year 1999, 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 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), $16,000,000 for 
        fiscal year 1999, and such sums as may be necessary for each 
        succeeding fiscal year.''.
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