59–006 

110TH CONGRESS REPT. 110–35 " ! HOUSE OF REPRESENTATIVES 1st Session Part 2 

NATIVE AMERICAN METHAMPHETAMINE ENFORCEMENT 

AND TREATMENT ACT OF 2007 

MARCH 21, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. DINGELL, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 545] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, 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, report favorably thereon with 

an amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

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

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 4 

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

Statement of General Performance Goals and Objectives .................................... 4 

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

Earmarks and Tax and Tariff Benefits .................................................................. 4 

Committee Cost Estimate ....................................................................................... 5 

Congressional Budget Office Estimate ................................................................... 5 

Federal Mandates Statement ................................................................................. 5 

Advisory Committee Statement .............................................................................. 6 

Constitutional Authority Statement ...................................................................... 6 

Applicability to Legislative Branch ........................................................................ 6 

Section-by-Section Analysis of the Legislation ...................................................... 6 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 


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AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Native American Methamphetamine Enforcement 

and Treatment Act of 2007’’. 

SEC. 2. NATIVE AMERICAN PARTICIPATION IN METHAMPHETAMINE GRANTS. 

(a) IN GENERAL.—Section 2996(a) of the Omnibus Crime Control and Safe Streets 

Act of 1968 (42 U.S.C. 3797cc(a)) is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by inserting ‘‘, territories, 

and Indian tribes (as defined in section 2704)’’ after ‘‘to assist States’’; and 

(B) in subparagraph (B), by striking ‘‘and local’’ and inserting ‘‘, territorial, Tribal, and local’’; 

(2) in paragraph (2), by inserting ‘‘, territories, and Indian tribes’’ after ‘‘make 

grants to States’’; and 

(3) in paragraph (3)(C), by inserting ‘‘, Tribal,’’ after ‘‘support State’’. 

(b) GRANT PROGRAMS FOR DRUG ENDANGERED CHILDREN.—Section 755(a) of the 

USA PATRIOT Improvement and Reauthorization Act of 2005 (42 U.S.C. 3797cc–

2(a)) is amended by inserting ‘‘, 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))’’

after ‘‘make grants to States’’. 

(c) GRANT PROGRAMS TO ADDRESS METHAMPHETAMINE USE BY PREGNANT AND

PARENTING WOMEN OFFENDERS.—Section 756 of the USA PATRIOT Improvement 

and Reauthorization Act of 2005 (42 U.S.C. 3797cc–3) is amended—

(1) in subsection (a)(2), by inserting ‘‘, territorial, or Tribal’’ after ‘‘State’’; 

(2) in subsection (b)—

(A) in paragraph (1)—

(i) by inserting ‘‘, territorial, or Tribal’’ after ‘‘State’’; and 

(ii) by striking ‘‘and/or’’ and inserting ‘‘or’’; 

(B) in paragraph (2)—

(i) by inserting ‘‘, territory, Indian tribe,’’ after ‘‘agency of the State’’; 

and 

(ii) by inserting ‘‘, territory, Indian tribe,’’ after ‘‘criminal laws of that 

State’’; and 

(C) by adding at the end the following: 

‘‘(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).’’; and 

(3) in subsection (c)—

(A) in paragraph (3), by striking ‘‘Indian Tribes’’ and inserting ‘‘Indian 

tribes’’; and 

(B) in paragraph (4)—

(i) in the matter preceding subparagraph (A)—

(I) by striking ‘‘State’s’’; and 

(II) by striking ‘‘and/or’’ and inserting ‘‘or’’; 

(ii) in subparagraph (A), by striking ‘‘State’’; 

(iii) in subparagraph (C), by inserting ‘‘, Indian tribes,’’ after ‘‘involved counties’’; and 

(iv) in subparagraph (D), by inserting ‘‘, Tribal’’ after ‘‘Federal, 

State’’. 

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 and the USA PATRIOT Improvement 

and Reauthorization Act of 2005 to include and reaffirm territories 

and Indian tribes as eligible grant recipients under programs to address the manufacture, sale, and use of methamphetamine; aid 

children in homes in which methamphetamine or other drugs are 

unlawfully manufactured, distributed, dispensed, or used; and adVerDate Aug 31 2005 04:26 Mar 22, 2007 Jkt 059006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR035P2.XXX HR035P2

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dress methamphetamine use by pregnant and parenting women offenders. 

BACKGROUND AND NEED FOR LEGISLATION

Methamphetamine is a powerful and addictive central nervous 

system stimulant used to treat a limited number of medical conditions, including narcolepsy, attention deficit disorder/attention deficit/hyperactivity disorder (ADD/ADHD), and obesity. Methamphetamine use can cause convulsions, stroke, cardiac arrhythmia, and 

hyperthermia. Chronic use can lead to irreversible brain and heart 

damage, psychotic behavior including paranoid ideation, visual and 

auditory hallucinations, and rages and violence. 

According to the Substance Abuse and Mental Health Services 

Administration (SAMHSA), illicit methamphetamine production 

and use are longstanding and severe problems throughout the 

country, and there are indications that abuse may be spreading. 

The National Institute of Justice states that methamphetamine use 

has spread to every State. An annual survey by SAMHSA, the National Survey on Drug Use and Health (NSDUH), provides national 

estimates of methamphetamine use in recent years. According to 

the NSDUH, in 2005 almost 1.3 million persons aged 12 and older 

had used methamphetamine in the past year and 512,000 had used 

methamphetamine in the past month. The survey also indicated 

that the number of past month methamphetamine users who met 

the criteria for illicit drug dependence or abuse increased from 

164,000 users in 2002 to 257,000 in 2005. 

Methamphetamine abuse is a significant burden on rural communities and tribal communities. The Indian Health Service (IHS) 

reports that over 30 percent of Alaska Native and American Indian 

youth have experimented with methamphetamine, and that 1.9 

percent of Alaska Natives and American Indians over the age of 12 

are currently using it. According to the Centers for Disease Control 

and Prevention (CDC), the rate of use among Alaska natives and 

American Indians is almost three times higher than the national 

rate for whites and four times higher than the rate for Hispanics 

and Latinos. 

Over the past 30 years, Congress has passed legislation designed 

to address the problem of illicit methamphetamine abuse and its 

production in clandestine labs, including legislation to regulate 

methamphetamine precursor chemicals, enhanced penalties for 

drug trafficking, and increased funding for methamphetamine-specific law enforcement programs. Recent congressional concern 

about the spreading use of methamphetamine fueled much of the 

legislative debate during the 109th Congress, culminating in the 

passage of the Combat Methamphetamine Epidemic Act of 2005, 

enacted as Title VII of the USA PATRIOT Improvement and Reauthorization Act of 2005. 

The Combat Methamphetamine Epidemic Act of 2005 authorized 

funding for three programs within the Department of Justice that 

focus on addressing the issue of illicit methamphetamine. Specifically, the programs are: (1) the COPS Hot Spots Program; (2) the 

Drug-Endangered Children program; and (3) the Pregnant and Parenting Women Offenders program. 

Under current law, only States may apply for COPS Hot Spots 

Program grants and Drug-Endangered Children program grants. 


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Both States and Indian tribes are eligible to receive grants under 

the Pregnant and Parenting Women Offenders Grant program that 

addresses methamphetamine use by pregnant and parenting 

women offenders. H.R. 545 would make U.S. territories and Indian 

tribes eligible to apply for the Hot Spots program and the DrugEndangered Children Grant program. 

HEARINGS

The Committee on Energy and Commerce has not held hearings 

on this legislation. 

COMMITTEE CONSIDERATION

On Tuesday, March 13, 2007, the Subcommittee on Health met 

in open markup session and forwarded H.R. 545 to the full Committee, amended, by voice vote. 

On Thursday, March 15, 2007, the Committee on Energy and 

Commerce met in open markup session and ordered H.R. 545 favorably reported to the House, amended, by voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. There were no 

record votes taken in connection with ordering H.R. 545 reported. 

A motion by Mr. Dingell to order H.R. 545 favorably reported to the 

House, amended, was agreed to by voice vote. 

COMMITTEE OVERSIGHT FINDINGS

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

of Representatives, the Committee has not held oversight or legislative hearings on this legislation. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goals and objectives of H.R. 545 are to include and reaffirm 

territories and Indian tribes as eligible grant recipients under programs to address the manufacture, sale, and use of methamphetamine; aid children in homes in which methamphetamine or other 

drugs are unlawfully manufactured, distributed, dispensed, or 

used; and address methamphetamine use by pregnant and parenting women offenders. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 545 

would result in no new or increased budget authority, entitlement 

authority, or tax expenditures or revenues. 

EARMARKS AND TAX AND TARIFF BENEFITS

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

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


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

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

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

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

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

MARCH 19, 2007. 

Hon. JOHN D. DINGELL, Chairman, Committee on Energy and Commerce, 

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. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

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 territories and tribal governments eligible to receive 

grants through three existing federal programs to combat methamphetamine use. Any costs to those governments would be incurred voluntarily as conditions of receiving federal assistance. 

On February 15, 2007, CBO transmitted a cost estimate for H.R. 

545 as ordered reported by the House Committee on the Judiciary 

on February 7, 2007. The two versions of the bill are nearly identical, and the cost estimates are the same. 

The CBO staff contact for this estimate is Mark Grabowicz. This 

estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 


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ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

CONSTITUTIONAL AUTHORITY STATEMENT

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

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in the provisions of Article 

I, section 8, clause 1 that relate to expending funds to provide for 

the general welfare of the United States. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 establishes the short title as the ‘‘Native American 

Methamphetamine Enforcement and Treatment Act of 2007.’’

Section 2. Native American participation in methamphetamine 

grants 

Section 2 amends section 2996 of the Omnibus Crime Control 

and Safe Streets Act of 1968, and sections 755 and 756 of the USA 

PATRIOT Improvement and Reauthorization Act of 2005, 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 italic, 

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

SECTION 2996 OF THE OMNIBUS CRIME CONTROL AND 

SAFE STREETS ACT OF 1968 

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) * * * 


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(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 MANU- FACTURE 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 

* * * * * * * 

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 


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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 øIndian Tribes¿ Indian 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 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. 

* * * * * * * 

Æ 


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