[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2763 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2763

    To respond to the illegal production, distribution, and use of 
     methamphetamines in the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2002

 Mrs. Feinstein (for herself, Mr. Hutchinson, and Mr. Kohl) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 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 of 
Methamphetamines Act of 2002'' or the ``CLEAN-UP Meth Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

                   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 local law enforcement agencies in the 
                            safe identification, cleanup, and disposal 
                            of methamphetamine laboratories.
Sec. 105. Grant program to assist local 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. Elimination of blister pack exemption.
Sec. 306. Civil penalty for violation of retail sales threshold for 
                            pseudoephedrine products.
Sec. 307. Statement of Congress regarding availability and illegal 
                            importation of pseudoephedrine from Canada.
Sec. 308. Study and report on organized retail theft.

                   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 land, land under the 
jurisdiction of the Department of Agriculture, and National Park System 
land and other land 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 this section.

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.--
            (1) In general.--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 cleanup and remediate agricultural land that is 
        contaminated with any hazardous substance or pollutant 
        associated with the illegal manufacture of methamphetamine.
            (2) Exception.--No grant may be made under this subsection 
        to any person that is responsible for the contamination.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Agriculture $15,000,000 to carry out 
this section.

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 use 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--
            (1) to protect the environment from the harm caused by 
        certain by-products of illegal methamphetamine laboratories; 
        and
            (2) to expand the civil and criminal penalties available 
        against persons that operate those laboratories.
    (b) Solid Waste Disposal Act.--The Administrator of the 
Environmental Protection Agency shall use 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.)--
            (1) to protect the environment from the harm caused by 
        certain by-products of illegal methamphetamine laboratories; 
        and
            (2) to expand the civil and criminal penalties available 
        against persons that operate those laboratories.
    (c) Covered Materials.--Not later than 13 months after the date of 
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 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 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 
submission of the revised list.

SEC. 104. GRANT PROGRAM TO ASSIST LOCAL 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 
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 is authorized to be 
appropriated to carry out this section $20,000,000 for fiscal year 
2003.

SEC. 105. GRANT PROGRAM TO ASSIST LOCAL 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 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 is authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 
2003.

SEC. 106. STUDY OF ENVIRONMENTAL IMPACT.

    (a) Study Required.--Not later than 1 year after the date of 
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 2003 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 1 year after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
complete the study under subsection (a) and submit to 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) by adding at the end the following:
            ``(3) $20,000,000 for fiscal year 2003, 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 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:

``SEC. 514C. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND 
              RELATED CONDITIONS.

    ``(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) Children.--The term `children' means individuals who 
        are under the age of 18.
            ``(2) Qualifying methamphetamine-related exposure.--
                    ``(A) In general.--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) Associated contaminated matter.--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 2003.
            ``(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 2003 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 2003 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 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 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:
            ``(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 2003 for the facilities and personnel used to operate the 
Clandestine Laboratory Training Facility of the Drug Enforcement 
Administration, 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. ELIMINATION OF BLISTER PACK EXEMPTION.

    (a) Regulated Transaction.--Section 102(39)(A)(iv)(I)(aa) of the 
Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)(I)(aa)) is amended 
by striking ``, except that'' and all that follows through ``1996)''.
    (b) Combination Ephedrine Product.--Section 102(45) of the 
Controlled Substances Act (21 U.S.C. 802(45)) is amended to read as 
follows:
            ``(45) The term `combination ephedrine product' means a 
        drug product that contains ephedrine or its salts, optical 
        isomers, or salts of optical isomers and therapeutically 
        significant quantities of another active medical ingredient.''.
    (c) Rule of Law.--To the extent that there exists a conflict 
between this Act and section 401(d) of the Comprehensive 
Methamphetamine Control Act of 1996 (21 U.S.C. 802 note), this Act 
shall control.

SEC. 306. CIVIL PENALTY FOR VIOLATION OF RETAIL SALES THRESHOLD FOR 
              PSEUDOEPHEDRINE PRODUCTS.

    Section 401(d)(1)(B) of the Comprehensive Methamphetamine Control 
Act of 1996 (21 U.S.C. 802 note) is amended--
            (1) by striking ``Any individual'' and inserting the 
        following:
                            ``(i) In general.--Any individual''; and
            (2) by adding at the end the following:
                            ``(ii) Considerations for civil penalty.--
                        The court, in determining a civil penalty for a 
                        violation of the threshold established in this 
                        paragraph, may consider--
                                    ``(I) the exercise of due diligence 
                                or good faith efforts of the individual 
                                or business to prevent violations of 
                                this paragraph; and
                                    ``(II) evidence that an individual 
                                or business trained employees on how to 
                                sell, transfer, or otherwise furnish 
                                substances specified in this paragraph, 
                                in accordance with applicable law.''.

SEC. 307. STATEMENT OF CONGRESS REGARDING AVAILABILITY AND ILLEGAL 
              IMPORTATION OF PSEUDOEPHEDRINE FROM CANADA.

    (a) Findings.--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) although pseudoephedrine can only be purchased in the 
        United States in small quantity bottles or blister packs, 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.--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 of pseudoephedrine in Canada and the illegal 
importation of pseudoephedrine into the United States.

SEC. 308. STUDY AND REPORT ON ORGANIZED RETAIL THEFT.

    (a) Study.--
            (1) In general.--The Attorney General shall conduct a study 
        to estimate the percentage of ephedrine product used in 
        manufacturing methamphetamine that is obtained by theft.
            (2) Issues.--The study conducted under paragraph (1) shall 
        include information regarding--
                    (A) to what extent the theft of ephedrine product 
                is conducted by organized rings of thieves;
                    (B) the capacity of States to address such 
                organized retail theft; and
                    (C) the need for greater Federal involvement.
    (b) Report.--Not later than 12 months after the date of enactment 
of this Act, the Attorney General shall submit a report to Congress on 
the results of the study conducted under subsection (a).
                                 <all>