[Congressional Record Volume 144, Number 100 (Thursday, July 23, 1998)]
[Senate]
[Pages S8921-S8923]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN:
  S. 2347. A bill to provide for a coordinated effort to combat 
methamphetamine abuse, and for other purposes; to the Committee on 
Labor and Human Resources.


           COMPREHENSIVE METHAMPHETAMINE CONTROL ACT OF 1998

 Mr. HARKIN. Mr. President, methamphetamine is fast becoming 
the leading illegal addictive drug in this nation. From quiet suburbs, 
to city streets, to the corn rows of Iowa, meth is destroying thousands 
of lives every year. A majority of those lives, unfortunately, are our 
children's.
  Methamphetamine is now commonly referred to as Iowa's illegal drug of 
choice. This drug is reaching epidemic proportions as it sweeps from 
the west coast, ravages through the Midwest, and is now beginning to 
reach the east. The trail of destruction of human life as a result of 
methamphetamine addiction is running across America from coast to 
coast. To illustrate the violence it elicits in people, methamphetamine 
is cited as a contributing factor in 80 percent of domestic violence 
cases in Iowa and a leading factor in a majority of violent crimes.
  In 1996, I was proud to be an original cosponsor of the 
Methamphetamine Control Act which has done some good. However, in 
talking to local law enforcement and concerned citizens across Iowa, it 
is obvious that the methamphetamine problem has exploded beyond 
anything we envisioned in 1996.
  The number of meth arrests, court cases, and confiscation of labs 
continues to escalate. In the Midwest alone, the number of clandestine 
meth labs confiscated and destroyed for 1998 is on pace to triple the 
number confiscated and destroyed in 1997. The cost of clean-up for each 
lab ranges from $5,000 to $90,000. This cost is being absorbed by 
communities who are not prepared, or experienced with the dangers of 
drug trafficking.
  Additionally, these clandestine meth labs create an enormous amount 
of hazardous waste. For every 1 pound of methamphetamine produced, 
there are 5 to 6 pounds of hazardous waste as a by-product. This waste 
is highly toxic and often seeps into the ground where eventually it 
ends up in our drinking water supply.
  The dangers posed to law enforcement officers also are greatly 
increased by these labs. Many peddlers of meth are now what they call 
``kitchen'' labs. Meth pushers are now simply using mobile homes or 
even pick-up trucks to produce their drugs. Combining many volatile 
chemicals in an uncontrolled environment, meth labs are time bombs to 
police officers and communities everywhere.
  Mr. President, today I am introducing the Comprehensive 
Methamphetamine Control Act of 1998. My legislation takes a 
comprehensive, common sense approach in battling this growing epidemic. 
It calls for an increase in resources to law enforcement working 
through the High Intensity Drug Trafficking Area (HIDTA) program and 
establishes swift and certain penalties for those producing and 
peddling meth.
  Also, my legislation expands school and community-based prevention 
efforts at the local level--targeting those areas that need it the 
most. Finally, this proposal calls on the National Institute on Drug 
Abuse to find exactly what makes methamphetamine so very addictive--
especially to our young people--and the best methods for beating the 
addiction.
  Mr. President, I believe that we have a window of opportunity as a 
nation to take a stand right now to defeat this scourge. Everyday, meth 
infiltrates our city streets and suburbs, leading more and more people 
down a path of personal destruction. Families are being devastated and 
communities are fighting an uphill battle against this powerful drug. 
The time is now to make a stand to protect our communities and schools 
by passing this legislation.
  I ask unanimous consent that the bill and a summary of the 
legislation be printed in the Record.
  There being no objection, the items were ordered to be printed in the 
Record, as follows:

                                S. 2347

       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

[[Page S8922]]

     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.''.
                                  ____



     COMPREHENSIVE METHAMPHETAMINE CONTROL ACT OF 1998--Highlights

       Increased Resources for Law Enforcement. Two years ago, 
     Senator Harkin and other members of the Iowa Congressional 
     delegation worked to provide Iowa law enforcement with 
     enhanced support to fight the rise in methamphetamine abuse. 
     Iowa (along with Missouri, Kansas, and Nebraska) was 
     designated as a High Intensity Drug Trafficking Area (HIDTA). 
     As a HIDTA, Iowa law enforcement has received funding to 
     increase the number of federal prosecutors and state and 
     local police available to crack down on meth. This 
     legislation would expand HIDTA funding to combat 
     methamphetamine abuse from $8 million to $25 million, 
     allowing law enforcement officials to significantly expand 
     their efforts and make our communities safer.
       Swift and Certain Punishment of Meth Lab Operators. 
     Federal, state and local law enforcement officials have been 
     working hard to prosecute those found to be making 
     methamphetamine. However, because of the great number of 
     cases in Iowa and other states and the inflexibility of 
     current laws, there are often long delays in prosecution. 
     Therefore, this legislation includes a recommendation by the 
     Midwest HIDTA to provide for swifter and more certain 
     punishment of these offenders. It would direct the U.S. 
     Sentencing Commission to increase the penalties for those 
     convicted of manufacturing, attempting to manufacture or 
     conspiracy to manufacture methamphetamine. It would also 
     increase jail time for meth lab cases where the offense 
     created a substantial danger to the health and safety to 
     others, including law enforcement personnel.
       Stepping Up Community-Based Prevention Efforts. Critical to 
     any successful comprehensive effort to combat methamphetamine 
     is a strong school and community-based prevention program. 
     This legislation authorizes an additional $20 million to fund 
     expanding school and community-based prevention efforts at 
     the state and local level. Funds are to be targeted to rural 
     and other areas, like Iowa, that are experiencing high or 
     rapid increases in methamphetamine abuse. Funds would be used 
     for education of children, parents, local law enforcement,

[[Page S8923]]

     businesses and others about the dangers of methamphetamine 
     and on how to identify likely users and producers of the 
     drug.
       Expanded Treatment to Fight Meth Addiction. Also critical 
     to a successful effort to combat methamphetamine abuse is a 
     well-designed, adequately funded treatment program for those 
     who become addicted to the drug. Once again, funds would be 
     targeted to rural and other areas, like Iowa, that are 
     experiencing high or rapid increases in methamphetamine 
     abuse. Funds would be used to develop and evaluate effective 
     treatment methods for methamphetamine abusers, to train 
     health professionals about effective treatment methods and to 
     help individuals quit their use of the drug. The bill would 
     encourage targeted pilot programs to develop new and 
     innovative treatment methods.
       Expanded Research to Develop Improved Prevention and 
     Treatment Strategies. While there are a number of local 
     programs and strategies that are working to combat meth, 
     additional research is needed to develop improved approaches. 
     Our legislation calls on the National Institute on Drug Abuse 
     (NIDA) to fund research to identify and evaluate the most 
     effective methods of treatment and prevention, as well as the 
     biomedical, neurological and physiological causes and effects 
     of methamphetamine abuse and addiction. In addition, NIDA 
     would be required to promptly disseminate their research 
     results to Federal, State and local organizations involved in 
     combating meth abuse.
                                 ______