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[House Report 110-35]
[From the U.S. Government Publishing Office]

110th Congress                                             Rept. 110-35
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 2

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 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

                               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 address 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. 
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 Drug-Endangered 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 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.

                      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) * * *
                  (B) to improve the ability of State [and 
                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

           *       *       *       *       *       *       *

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 [and/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 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 [State's] 
        services for pregnant and parenting women offenders who 
        are pregnant women [and/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 [State] 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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