[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 562 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 562

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 1999

 Mr. Harkin (for himself, Mr. Bingaman, Mrs. Murray, Mr. Johnson, and 
  Mr. Dorgan) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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.

    (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 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 
        combatting 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>