[Congressional Record Volume 145, Number 36 (Monday, March 8, 1999)]
[Senate]
[Pages S2413-S2416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Mr. Bingaman, Mrs. Murray, Mr. 
        Johnson, and Mr. Dorgan):
  S. 562. A bill to provide for a comprehensive, coordinated effort to 
combat methamphetamine abuse, and for other purposes; to the Committee 
on the Judiciary.


       comprehensive methamphetamine abuse reduction act of 1999

  Mr. HARKIN. Mr. President, I rise to make a few remarks concerning 
Methamphetamine reduction legislation the Senator from the State of New 
Mexico and I are introducing today.
  Methamphetamine is fast becoming a leading illegal drug in our 
Nation. From quiet suburbs, to city streets, to the corn rows of Iowa, 
meth destroys thousands of lives and families every year.
  This highly addictive drug is reaching epidemic proportions as it 
sweeps from the west coast, ravages the Midwest, and begins to touch 
the East. 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 committed in the State.
  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 enforcement and concerned citizens across Iowa and the 
Midwest, its obvious that the methamphetamine problem has exploded 
beyond anything we envisioned in 1996.
  The number of meth arrests, court cases, and confiscation on labs 
continues to escalate. In the Midwest alone, the number of clandestine 
meth labs confiscated and destroyed for 1998 is five times the number 
confiscated and destroyed in 1997. The cost of cleanup for each lab 
ranges from $5,000 to $90,000 and creates a toxic trap to law 
enforcement officers and children who find them.
  Mr. President, the Midwest is not alone in this battle. The impact of 
this epidemic has reached the West and Southwest, including the state 
of New Mexico. In Albuquerque alone, law enforcement has seized four 
times as much meth last year as they did in the previous year, and they 
have identified and shut down twice as many meth

[[Page S2414]]

labs as they had in the previous year. New Mexico has also seen an 
increase in meth trafficking on the New Mexico-Mexico border, as have 
the States of Arizona and California.
  The problem has spread to the rural communities and my colleague, 
Senator Bingaman, is concerned that the cheap cost of meth will 
threaten America's youth with yet another life-threatening drug.
  That's why today, Senator Bingaman and I are introducing the 
Comprehensive Methamphetamine Abuse Reduction Act of 1999. Senators 
Murray and Johnson are cosponsoring this measure. A similar bill is 
being introduced in the House by Congressman Boswell.
  This 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. It also reauthorizes and expands 
drug courts to help nonviolent drug abusers rid themselves of an 
addiction that leads them to other crimes.
  Our legislation expands school and community-based prevention efforts 
at the local level--targeting those areas that need it the most. That 
includes funding to allow students to develop their own anti-meth 
education programs to teach their school peers about the destructive 
effects of this drug.
  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.
  Finally, the bill calls for a joint strategic plan and national 
conference involving local, State and Federal law enforcement, 
education, health and elected officials to discuss solutions to stop 
the spread and use of this deadly drug.
  Mr. President, I believe that we have a window of opportunity as a 
nation to take a stand right now to defeat this scourge. Every day, 
meth infiltrates our city streets and rural towns, 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.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 562

       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.

[[Page S2415]]

     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

[[Page S2416]]

     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
       (6) 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.
                                 ______