[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>