59–006 

110TH CONGRESS REPT. 110–35 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

NATIVE AMERICAN METHAMPHETAMINE ENFORCEMENT 

AND TREATMENT ACT OF 2007 

MARCH 8, 2007.—Ordered to be printed 

Mr. CONYERS, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 545] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 545) to amend the Omnibus Crime Control and Safe Streets 

Act of 1968 to clarify that territories and Indian tribes are eligible 

to receive grants for confronting the use of methamphetamine, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 2 

Committee Consideration ........................................................................................ 3 

Vote of the Committee ............................................................................................. 3 

Committee Oversight Findings ............................................................................... 4 

New Budget Authority and Tax Expenditures ...................................................... 4 

Congressional Budget Office Cost Estimate .......................................................... 4 

Performance Goals and Objectives ......................................................................... 5 

Constitutional Authority Statement ...................................................................... 5 

Advisory on Earmarks ............................................................................................. 5 

Section-by-Section Analysis .................................................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 5 

Additional Views ...................................................................................................... 9 


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PURPOSE AND SUMMARY

H.R. 545, the ‘‘Native American Methamphetamine Enforcement 

and Treatment Act of 2007,’’ amends the Omnibus Crime Control 

and Safe Streets Act of 1968 to include or reaffirm territories and 

Indian tribes as eligible grant recipients under programs to: (1) 

curtail the manufacture, sale, and use of methamphetamine; (2) aid 

children in homes in which methamphetamine or other drugs are 

unlawfully manufactured, distributed, dispensed, or used; and (3) 

reduce methamphetamine use by pregnant and parenting women. 

BACKGROUND AND NEED FOR THE LEGISLATION

Last year, Congress enacted the Combat Methamphetamine Epidemic Act of 2005 as Title VII of the USA PATRIOT Improvement 

and Reauthorization Act of 2005. Included in the Combat Methamphetamine Epidemic Act were provisions that authorized funding for three important grant programs within the Department of 

Justice: (1) The COPS Hot Spots Program; (2) the Drug-Endangered Children program; and (3) the Pregnant and Parenting 

Women Offenders program. Although Indian tribes and territories 

were included as eligible grant recipients under the Pregnant and 

Parenting Women Offenders program, they were inadvertently left 

out as possible grant recipients under the COPS Hot Spots Program and the Drug- Endangered Children Program. H.R. 545 allows Indian tribes and territories to apply for and receive funding 

under all three grant programs. 

In 2005, the Drug Enforcement Administration and State and 

local law enforcement officials reported 12,484 seizures of illegal 

methamphetamine laboratories and related chemicals, equipment, 

and hazardous waste refuse in 48 states. The DEA seized over 

2,148 kilograms of methamphetamine, which represents almost a 

30% increase from the amount seized in 2004. The threat is even 

greater in Native American communities, where surveys of pastyear methamphetamine use have shown that Native American 

communities have more than double the methamphetamine use 

rate of other ethnicities. Additionally, over 70% of Indian tribes 

surveyed by the Bureau of Indian Affairs identified methamphetamine as the drug that posed the greatest threat to their reservation and also estimated that at least 40% of violent crime cases investigated in Indian Country involve methamphetamine in some 

capacity. 

H.R. 545 will ensure that territories and, consistent with tribal 

sovereignty, Indian tribes can apply for the COPS Hot Spots and 

Drug-Endangered Children grant programs, just as States can, and 

will also ensure adequate coordination with tribal service providers 

for tribes receiving funds under the Pregnant and Parenting 

Women Offenders Program. 

HEARINGS

The Committee’s Subcommittee on Crime, Terrorism, and Homeland Security held 1 day of hearings on H.R. 545 on February 6, 

2007. Testimony was received from two witnesses: Congressman 

Tom Udall of New Mexico, and Ben Shelly, Vice President of the 

Navajo Nation. 


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COMMITTEE CONSIDERATION

On February 6, 2007, the Subcommittee on Crime, Terrorism, 

and Homeland Security met in open session and ordered H.R. 545 

favorably reported by a voice vote, a quorum being present. On 

February 7, 2007, the Committee met in open session and ordered 

H.R. 545 favorably reported without amendment, by a voice vote, 

a quorum being present. 

Vote of the Commitee 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the following 

rollcall votes occurred during the Committee’s consideration of H.R. 

545: 

An amendment offered by Mr. Jordan to prohibit the use of funds 

made available under this section for performing any abortion, except where the life of the mother would be endangered if the fetus 

were carried to term, was defeated by a rollcall vote of 20 to 15. 

ROLLCALL NO. 1 

Ayes Nays Present 

Mr. Conyers, Jr., Chairman ............................................................................... X 

Mr. Berman ....................................................................................................... X 

Mr. Boucher .......................................................................................................

Mr. Nadler ......................................................................................................... X 

Mr. Scott ........................................................................................................... X 

Mr. Watt ............................................................................................................ X 

Ms. Lofgren ....................................................................................................... X 

Ms. Jackson Lee ................................................................................................ X 

Ms. Waters ........................................................................................................ X 

Mr. Meehan ....................................................................................................... X 

Mr. Delahunt ..................................................................................................... X 

Mr. Wexler ......................................................................................................... X 

Ms. Sa ́nchez ...................................................................................................... X 

Mr. Cohen .......................................................................................................... X 

Mr. Johnson ....................................................................................................... X 

Mr. Gutierrez ..................................................................................................... X 

Mr. Sherman .....................................................................................................

Mr. Weiner ......................................................................................................... X 

Mr. Schiff .......................................................................................................... X 

Mr. Davis ........................................................................................................... X 

Ms. Wasserman Schultz .................................................................................... X 

Mr. Ellison ......................................................................................................... X 

Mr. Smith (Texas) ............................................................................................. X 

Mr. Sensenbrenner, Jr. ...................................................................................... X 

Mr. Coble ........................................................................................................... X 

Mr. Gallegly ....................................................................................................... X 

Mr. Goodlatte .................................................................................................... X 

Mr. Chabot ........................................................................................................

Mr. Lungren ....................................................................................................... X 

Mr. Cannon ....................................................................................................... X 

Mr. Keller ........................................................................................................... X 

Mr. Issa ............................................................................................................. X 

Mr. Pence ..........................................................................................................

Mr. Forbes ......................................................................................................... X 

Mr. King ............................................................................................................ X 

Mr. Feeney ......................................................................................................... X 

Mr. Franks ......................................................................................................... X 

Mr. Gohmert ...................................................................................................... X 

Mr. Jordan ......................................................................................................... X 

Total ................................................................................................ 15 20 


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COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 545, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, February 15, 2007. 

Hon. JOHN CONYERS, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 545, the Native American 

Methamphetamine Enforcement and Treatment Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226–2860. 

Sincerely, 

PETER R. ORSZAG, 

DIRECTOR. 

Enclosure 

cc: Honorable Lamar S. Smith. 

Ranking Member 

H.R. 545—Native American Methamphetamine Enforcement and 

Treatment Act of 2007 

H.R. 545 would make U.S. territories and Indian tribes eligible 

to apply for certain Department of Justice grants to combat the 

abuse of methamphetamine. Under current law, only states may 

apply for these grants. CBO estimates that implementing the bill 

would result in no significant increase in spending for these grant 

programs. Enacting H.R. 545 would not affect direct spending or 

receipts. 

H.R. 545 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. The bill 

would make tribal governments eligible to receive grants through 

three existing Federal programs to combat methamphetamine use. 


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Any costs to those governments would be incurred voluntarily as 

conditions of receiving Federal assistance. 

The CBO staff contact for this estimate is Mark Grabowicz, who 

can be reached at 226–2860. This estimate was approved by Peter 

H. Fontaine, Deputy Assistant Director for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 545 will amend 

the Omnibus Crime Control and Safe Streets Act of 1968 to include 

or reaffirm territories and Indian tribes as eligible grant recipients 

under programs to: (1) curtail the manufacture, sale, and use of 

methamphetamine; (2) aid children in homes in which methamphetamine or other drugs are unlawfully manufactured, distributed, dispensed, or used; and (3) reduce methamphetamine use by 

pregnant and parenting women. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8, clause 3 of the Constitution. 

ADVISORY ON EARMARKS

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 545 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(d), 9(e), or 9(f) of Rule XXI. 

SECTION-BY-SECTION ANALYSIS

The following discussion describes the bill as reported by the 

Committee. 

Sec. 1. Short Title. This section sets forth the short title of the 

bill as the ‘‘Native American Methamphetamine Enforcement and 

Treatment Act of 2007.’’

Sec. 2. Native American Participation in Methamphetamine 

Grants. This section amends the Omnibus Crime Control and Safe 

Streets Act of 1968 to include or reaffirm territories and Indian 

tribes as eligible grant recipients under programs to: (1) curtail the 

manufacture, sale, and use of methamphetamine; (2) aid children 

in homes in which methamphetamine or other drugs are unlawfully manufactured, distributed, dispensed, or used; and (3) reduce 

methamphetamine use by pregnant and parenting women. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 


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OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 

1968 

* * * * * * * 

TITLE I—JUSTICE SYSTEM IMPROVEMENT 

* * * * * * * 

PART II—CONFRONTING USE OF 

METHAMPHETAMINE 

SEC. 2996. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND METHAMPHETAMINE MANUFACTURING, SALE, 

AND USE IN HOT SPOTS. 

(a) PURPOSE AND PROGRAM AUTHORITY.—

(1) PURPOSE.—It is the purpose of this part to assist 

States, territories, and Indian tribes (as defined in section 

2704)—

(A) to carry out programs to address the manufacture, 

sale, and use of methamphetamine drugs; and 

(B) to improve the ability of State øand local¿, territorial, Tribal, and local government institutions of to carry 

out such programs. 

(2) GRANT AUTHORIZATION.—The Attorney General, 

through the Bureau of Justice Assistance in the Office of Justice Programs may make grants to States, territories, and Indian tribes to address the manufacture, sale, and use of methamphetamine to enhance public safety. 

(3) GRANT PROJECTS TO ADDRESS METHAMPHETAMINE MANUFACTURE SALE AND USE.—Grants made under subsection (a) 

may be used for programs, projects, and other activities to—

(A) * * * 

* * * * * * * 

(C) support State, Tribal, and local health department 

and environmental agency services deployed to address 

methamphetamine; and 

* * * * * * * 

USA PATRIOT IMPROVEMENT AND REAUTHORIZATION 

ACT OF 2005 

* * * * * * * 

TITLE VII—COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005 

* * * * * * * 


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Subtitle E—Additional Programs and 

Activities 

* * * * * * * 

SEC. 755. GRANTS FOR PROGRAMS FOR DRUG-ENDANGERED CHILDREN. 

(a) IN GENERAL.—The Attorney General shall make grants to 

States, territories, and Indian tribes (as defined in section 2704 of 

the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

3797d)) for the purpose of carrying out programs to provide comprehensive services to aid children who are living in a home in 

which methamphetamine or other controlled substances are unlawfully manufactured, distributed, dispensed, or used. 

* * * * * * * 

SEC. 756. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ADDRESS 

METHAMPHETAMINE USE BY PREGNANT AND PARENTING 

WOMEN OFFENDERS. 

(a) PURPOSE AND PROGRAM AUTHORITY.— (1) * * * 

(2) PURPOSES AND PROGRAM AUTHORITY.—Grants awarded 

under this section shall be used to facilitate or enhance and 

collaboration between the criminal justice, child welfare, and 

State, territorial, or Tribal substance abuse systems in order to 

carry out programs to address the use of methamphetamine 

drugs by pregnant and parenting women offenders. 

(b) DEFINITIONS.—In this section, the following definitions 

shall apply: 

(1) CHILD WELFARE AGENCY.—The term ‘‘child welfare 

agency’’ means the State, territorial, or Tribal agency responsible for child øand/or¿ or family services and welfare. 

(2) CRIMINAL JUSTICE AGENCY.—The term ‘‘criminal justice 

agency’’ means an agency of the State, territory, Indian tribe, 

or local government or its contracted agency that is responsible 

for detection, arrest, enforcement, prosecution, defense, adjudication, incarceration, probation, or parole relating to the violation of the criminal laws of that State, territory, Indian tribe, 

or local government. 

(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term in section 2704 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797d)). 

(c) APPLICATIONS.—

(1) * * * 

* * * * * * * 

(3) ELIGIBLE ENTITIES.—The Attorney General shall make 

grants to States, territories, and Indian øTribes¿ tribes. Applicants must demonstrate extensive collaboration with the State 

criminal justice agency and child welfare agency in the planning and implementation of the program. 

(4) CONTENTS.—In accordance with the regulations or 

guidelines established by the Attorney General in consultation 

with the Secretary of Health and Human Services, each application for a grant under this section shall contain a plan to expand the øState’s services¿ services of the State, territory, or 


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Indian tribe for pregnant and parenting women offenders who 

are pregnant women øand/or¿ or women with dependent children for the use of methamphetamine or methamphetamine 

and other drugs and include the following in the plan: 

(A) A description of how the applicant will work jointly 

with the øState¿ criminal justice and child welfare agencies needs associated with the use of methamphetamine or 

methamphetamine and other drugs by pregnant and parenting women offenders to promote family stability and 

permanence. 

* * * * * * * 

(C) A certification that the State has involved counties, Indian tribes, and other units of local government, 

when appropriate, in the development, expansion, modification, operation or improvement of proposed programs to 

address the use, manufacture, or sale of methamphetamine. 

(D) A certification that funds received under this section will be used to supplement, not supplant, other Federal, State, tribal, and local funds. 

* * * * * * * 


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1 419 F.3d 1058 (9th Cir. 2005). 

ADDITIONAL VIEWS

We support H.R. 545, the ‘‘Native American Methamphetamine 

Enforcement and Treatment Act of 2007.’’ The Act provides urgently-needed grant funds to Native American communities for the 

enforcement and treatment of methamphetamine addiction. 

At the February 6, 2007, hearing before the Subcommittee on 

Crime, Terrorism, and Homeland Security, Mr. Ben Shelly, Vice 

President of the Navajo Nation, stated that methamphetamine is 

the drug of choice in Indian Country. Seventy-four percent of Native Americans surveyed in a recent study say that methamphetamine is the single biggest threat to Native American communities 

today. 

The Combat Methamphetamine Epidemic Act of 2005, which was 

passed as part of the USA PATRIOT Act Improvement and Reauthorization Act last year, included several critical grant programs 

to assist states with the escalating methamphetamine problem in 

this country, and inadvertently failed to include Native American 

communities as eligible entities for these important grant programs. 

The Native American Methamphetamine Enforcement and Treatment Act corrects this oversight and gives Native American communities full access to methamphetamine-related grants. This legislation is critical in our continuing fight to eliminate the methamphetamine epidemic in the U.S. 

While we support the bill, we are disappointed that an amendment offered by Mr. Jordan of Ohio was not accepted by the Committee. Mr. Jordan of Ohio offered an amendment to add language 

identical to that of the Hyde Amendment to provide that ‘‘[f]unds 

made available under this section to any Indian tribe shall not be 

used to perform any abortion except where the life of the mother 

would be endangered if the fetus were carried to term.’’ One of the 

grant programs addressed in the underlying bill and modified by 

Mr. Jordan’s amendment provides federal funding for the health 

care needs of pregnant women. Clearly, Congress has a legitimate 

concern that such federal grant monies not be used to fund abortions. 

The Jordan amendment is constitutional and sound public policy, 

and should have been adopted by the Committee. Even the most 

liberal of federal courts—the Ninth Circuit Court of Appeals—recently upheld as constitutional a federal statutory and regulatory 

program barring military health care programs from providing federal funds for abortions except where the life of the mother would 

be endangered if the fetus were carried to term. In Doe v. United 

States,1 the court held that such a statute was rationally related 

to the legitimate congressional interest in protecting potential life. 


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2 448 U.S. 297 (1980). 

3Doe, 419 F.3d at 1063. 

The Ninth Circuit applied the clear holding of the Supreme Court 

in Harris v. McRae,2 which upheld the Hyde Amendment, a restriction appended to Title XIX of the Social Security Act that prohibited the use of federal funds to reimburse the cost of abortions 

under the Medicaid program except under certain circumstances. 

As the Ninth Circuit explained in Doe, ‘‘[b]y subsidizing the medical expenses of indigent women who carry their pregnancies to 

term while not subsidizing the comparable expenses of women who 

undergo abortions (except those whose lives are threatened), Congress has established incentives that make childbirth a more attractive alternative than abortion for persons eligible for Medicaid. 

These incentives bear a direct relationship to the legitimate congressional interest in protecting potential life.’’ 3

LAMAR SMITH. 

F. JAMES SENSENBRENNER, JR. 

HOWARD COBLE. 

BOB GOODLATTE. 

DANIEL E. LUNGREN. 

CHRIS CANNON. 

RIC KELLER. 

MIKE PENCE. 

STEVE KING. 

TOM FEENEY. 

TRENT FRANKS. 

JIM JORDAN. 

Æ 


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