109 HR 1055 IH: Comprehensive Methamphetamine Response Act U.S. House of Representatives 2005-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 1st Session H. R. 1055 IN THE HOUSE OF REPRESENTATIVES March 2, 2005 Ms. Hooley introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 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 provide for the designation and funding of high intensity methamphetamine abuse and trafficking areas.

1.

Short title

This Act may be cited as the Comprehensive Methamphetamine Response Act.

2.

High intensity methamphetamine abuse and trafficking areas

(a)

HIMATAs

The Director may designate a State or any portion of a State as a high intensity methamphetamine abuse and trafficking area (in this section referred to as a HIMATA) and provide funding for such areas in accordance with this section. (b)

Designation process

(1)

In general

The Director may make a HIMATA designation only after— (A)receipt of a petition by a Governor of a State to designate the State or a portion of the State as a HIMATA; and (B)making a determination for the area that is the subject of the petition on the basis of the methamphetamine epidemic severity index developed under paragraph (3). (2)

Priority for HIDTAs

The Director may accept a petition in full, accept certain portions of the geographic areas proposed, or reject the petition. The Director shall give priority consideration to areas that are already designated a high intensity drug trafficking area (in this section referred to as a HIDTA) and include methamphetamine as a primary reason for that designation. (3)

Severity index

The Director shall develop a methamphetamine epidemic severity index to be used for determining whether to designate an area as a HIMATA under this section. The index shall be based on the following factors: (A)Per capita rates of arrests for methamphetamine possession in an area. (B)Per capita rates of arrests for methamphetamine production in an area. (C)Per capita rates of methamphetamine lab seizures in an area. (D)Per capita rates of treatment for methamphetamine addiction in an area. (E)Any additional particular factors the Director considers appropriate for indicating the severity of the problem in an area. (c)

Funding of HIMATAs

(1)

In general

The Director may provide funding to a State to implement a HIMATA after receipt of a comprehensive methamphetamine response plan for that HIMATA that meets the requirements of subsection (d), as determined by the Director. (2)

Level of funding

The Director shall determine the level of funds to be provided to a HIMATA based on the population and the methamphetamine epidemic severity index of the HIMATA, except that the Director shall increase the amount of funds that otherwise would be provided to a State by 10 percent if the State has effective precursor control laws or regulations in place when its CMRP is submitted. (3)

Specific funding requirements

In providing funds for a HIMATA, the Director shall require that at least 5 percent of the funds be used for youth and adult prevention efforts and that at least 25 percent be used for treating methamphetamine addiction. The remainder may be used for prosecution, law enforcement personnel, law enforcement equipment, drug courts, and other priorities. Federal funding must supplement rather than supplant State and local funding. (4)

Five year funding

Funding shall be provided to a HIMATA on an annual basis for five years. After five years, the Director shall evaluate the designation of the HIMATA and determine whether it should be extended. (d)

Comprehensive methamphetamine response plan

(1)

Requirement to develop plan

For each HIMATA designated under this section, the Director shall require the State in which the HIMATA is located to develop a comprehensive methamphetamine response plan (in this section referred to as the CMRP) within six months after the date of designation that complies with the requirements of this subsection. (2)

Requirements of plan

A CMRP developed by a State under this subsection shall— (A)describe the manner in which the State plans to use funding provided under this Act to address any existing inadequacies in enforcement, treatment, prevention, and precursor controls; and (B)in the case of a HIMATA that overlaps with an area designated as a HIDTA, address how the two programs will cooperate and coordinate, including how resources and efforts may be merged. (e)

Definitions

In this Act: (1)

Director

The term Director means the Director of National Drug Control Policy. (2)

HIMATA

The term HIMATA means a high intensity methamphetamine abuse and trafficking area designated under section 2 of this Act. (3)

HIDTA

The term HIDTA means a high intensity drug trafficking area designated under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (Public Law 105–277; 21 U.S.C. 1706). (4)

CMRP

The term CMRP means a comprehensive methamphetamine response plan developed under section 2 of this Act. (f)

Authorization

There is authorized to be appropriated $1,000,000,000 for fiscal year 2006 and each fiscal year thereafter to carry out this Act.