II

106TH CONGRESS

1ST SESSION S. 562

To provide for a comprehensive, coordinated effort to combat

methamphetamine abuse, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 8, 1999

Mr. HARKIN (for himself, Mr. BINGAMAN, Mrs. MURRAY, Mr. JOHNSON, and

Mr. DORGAN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To provide for a comprehensive, coordinated effort to combat

methamphetamine abuse, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Comprehensive Methamphetamine Abuse Reduction

6 Act’’.
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1 SEC. 2. EXPANDING METHAMPHETAMINE ABUSE PREVEN2 TION EFFORTS.

3 Section 515 of the Public Health Service Act (42

4 U.S.C. 290bb–21) is amended by adding at the end the

5 following:

6 ‘‘(e) PREVENTION OF METHAMPHETAMINE ABUSE

7 AND ADDICTION.—

8 ‘‘(1) GRANTS.—The Director of the Center for

9 Substance Abuse Prevention (referred to in this sec10 tion as the ‘Director’) may make grants to and enter

11 into contracts and cooperative agreements with pub12 lic and nonprofit private entities to enable such

13 entities—

14 ‘‘(A) to carry out school-based programs

15 concerning the dangers of methamphetamine

16 abuse and addiction, using methods that are ef17 fective and evidence-based, including initiatives

18 that give students the responsibility to create

19 their own anti-drug abuse education programs

20 for their schools; and

21 ‘‘(B) to carry out community-based meth22 amphetamine abuse and addiction prevention

23 programs that are effective and evidence-based.

24 ‘‘(2) USE OF FUNDS.—Amounts made available

25 under a grant, contract or cooperative agreement

26 under paragraph (1) shall be used for planning, es-
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1 tablishing, or administering methamphetamine pre2 vention programs in accordance with paragraph (3).

3 ‘‘(3) PREVENTION PROGRAMS AND ACTIVI4 TIES.—

5 ‘‘(A) IN GENERAL.—Amounts provided

6 under this subsection may be used—

7 ‘‘(i) to carry out school-based pro8 grams that are focused on those districts

9 with high or increasing rates of meth10 amphetamine abuse and addiction and tar11 geted at populations which are most at

12 risk to start methamphetamine abuse;

13 ‘‘(ii) to carry out community-based

14 prevention programs that are focused on

15 those populations within the community

16 that are most at-risk for methamphet17 amine abuse and addiction;

18 ‘‘(iii) to assist local government enti19 ties to conduct appropriate methamphet20 amine prevention activities;

21 ‘‘(iv) to train and educate State and

22 local law enforcement officials, prevention

23 and education officials, members of com24 munity anti-drug coalitions and parents on

25 the signs of methamphetamine abuse and
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1 addiction and the options for treatment

2 and prevention;

3 ‘‘(v) for planning, administration, and

4 educational activities related to the preven5 tion of methamphetamine abuse and addic6 tion;

7 ‘‘(vi) for the monitoring and evalua8 tion of methamphetamine prevention ac9 tivities, and reporting and disseminating

10 resulting information to the public; and

11 ‘‘(vii) for targeted pilot programs with

12 evaluation components to encourage inno13 vation and experimentation with new meth14 odologies.

15 ‘‘(B) PRIORITY.—The Director shall give

16 priority in making grants under this subsection

17 to rural and urban areas that are experiencing

18 a high rate or rapid increases in methamphet19 amine abuse and addiction.

20 ‘‘(4) ANALYSES AND EVALUATION.—

21 ‘‘(A) IN GENERAL.—Not less than

22 $500,000 of the amount available in each fiscal

23 year to carry out this subsection shall be made

24 available to the Director, acting in consultation

25 with other Federal agencies, to support and
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1 conduct periodic analyses and evaluations of ef2 fective prevention programs for methamphet3 amine abuse and addiction and the development

4 of appropriate strategies for disseminating in5 formation about and implementing these pro6 grams.

7 ‘‘(B) ANNUAL REPORTS.—The Director

8 shall submit to the Committee on Health, Edu9 cation, Labor, and Pensions and the Committee

10 on Appropriations of the Senate and the Com11 mittee on Commerce and Committee on Appro12 priations of the House of Representatives, an

13 annual report with the results of the analyses

14 and evaluation under subparagraph (A).

15 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

16 There is authorized to be appropriated to carry out

17 paragraph (1), $20,000,000 for fiscal year 2000,

18 and such sums as may be necessary for each suc19 ceeding fiscal year.’’.

20 SEC. 3. EXPANDING CRIMINAL PENALTIES AND LAW EN21 FORCEMENT FUNDING.

22 (a) SWIFT AND CERTAIN PUNISHMENT OF METH23 AMPHETAMINE LABORATORY OPERATORS.—

24 (1) FEDERAL SENTENCING GUIDELINES.—
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1 (A) IN GENERAL.—Pursuant to its author2 ity under section 994(p) of title 28, United

3 States Code, the United States Sentencing

4 Commission shall promulgate Federal sentenc5 ing guidelines or amend existing Federal sen6 tencing guidelines for any offense relating to

7 the manufacture, attempt to manufacture, or

8 conspiracy to manufacture amphetamine or

9 methamphetamine in violation of the Controlled

10 Substances Act (21 U.S.C. 801 et seq.), the

11 Controlled Substances Import and Export Act

12 (21 U.S.C. 951 et seq.), or the Maritime Drug

13 Law Enforcement Act (46 U.S.C. App. 1901 et

14 seq.) in accordance with this paragraph.

15 (B) REQUIREMENTS.—In carrying out this

16 paragraph, the United States Sentencing Com17 mission shall, with respect to each offense de18 scribed in subparagraph (A)—

19 (i) increase the base offense level for

20 the offense—

21 (I) by not less than 3 offense lev22 els above the applicable level in effect

23 on the date of enactment of this Act;

24 or
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1 (II) if the resulting base offense

2 level after an increase under subclause

3 (II) would be less than level 27, to not

4 less than level 27; or

5 (ii) if the offense created a substantial

6 risk of danger to the health and safety of

7 another person (including any Federal,

8 State, or local law enforcement officer law9 fully present at the location of the offense,

10 increase the base offense level for the

11 offense—

12 (I) by not less than 6 offense lev13 els above the applicable level in effect

14 on the date of enactment of this Act;

15 or

16 (II) if the resulting base offense

17 level after an increase under clause (i)

18 would be less than level 30, to not less

19 than level 30.

20 (C) EMERGENCY AUTHORITY TO SENTENC21 ING COMMISSION.—The United States Sentenc22 ing Commission shall promulgate the guidelines

23 or amendments provided for under this para24 graph as soon as practicable after the date of

25 enactment of this Act in accordance with the
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1 procedure set forth in section 21(a) of the Sen2 tencing Act of 1987 (Public Law 100–182), as

3 though the authority under that Act had not

4 expired.

5 (2) EFFECTIVE DATE.—The amendments made

6 pursuant to this subsection shall apply with respect

7 to any offense occurring on or after the date that

8 is 60 days after the date of enactment of this Act.

9 (b) INCREASED RESOURCES FOR LAW ENFORCE10 MENT.—There are authorized to be appropriated to the

11 Office of National Drug Control Policy to combat the traf12 ficking of methamphetamine in areas designated by the

13 Director of National Drug Control Policy as high intensity

14 drug trafficking areas—

15 (1) $35,000,000 for fiscal year 2000; and

16 (2) such sums as may be necessary for each of

17 fiscal years 2001 through 2005;

18 of which not less than $5,000,000 shall be used in each

19 fiscal year to provide assistance to drug analysis labora20 tories in areas with a high rate of methamphetamine abuse

21 or addiction.

22 SEC. 4. TREATMENT OF METHAMPHETAMINE ABUSE.

23 Section 507 of the Public Health Service Act (42

24 U.S.C. 290bb) is amended by adding at the end the follow25 ing:
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1 ‘‘(d) TREATMENT OF METHAMPHETAMINE ABUSE

2 AND ADDICTION.—

3 ‘‘(1) GRANTS.—The Director of the Center for

4 Substance Abuse Treatment (referred to in this sec5 tion as the ‘Director’) may make grants to and enter

6 into contracts and cooperative agreements with pub7 lic and nonprofit private entities for the purpose of

8 expanding activities for the treatment of meth9 amphetamine abuse and addiction as well as for the

10 treatment of methamphetamine addicts who also

11 abuse other illegal drugs.

12 ‘‘(2) USE OF FUNDS.—Amounts made available

13 under a grant, contract or cooperative agreement

14 under paragraph (1) shall be used for planning, es15 tablishing, or administering methamphetamine treat16 ment programs in accordance with paragraph (3).

17 ‘‘(3) TREATMENT PROGRAMS AND ACTIVI18 TIES.—

19 ‘‘(A) IN GENERAL.—Amounts provided

20 under this subsection may be used for—

21 ‘‘(i) evidence-based programs designed

22 to assist individuals to quit their use of

23 methamphetamine and remain drug-free;

24 ‘‘(ii) training in recognizing and refer25 ring methamphetamine abuse and addic-
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1 tion for health professionals, including

2 physicians, nurses, dentists, health edu3 cators, public health professionals, and

4 other health care providers;

5 ‘‘(iii) planning, administration, and

6 educational activities related to the treat7 ment of methamphetamine abuse and ad8 diction;

9 ‘‘(iv) the monitoring and evaluation of

10 methamphetamine treatment activities, and

11 reporting and disseminating resulting in12 formation to health professionals and the

13 public;

14 ‘‘(v) targeted pilot programs with

15 evaluation components to encourage inno16 vation and experimentation with new meth17 odologies; and

18 ‘‘(vi) coordination with the Center for

19 Mental Health Services on the connection

20 between methamphetamine abuse and ad21 diction and mental illness.

22 ‘‘(B) PRIORITY.—The Director shall give

23 priority in making grants under this subsection

24 to rural and urban areas that are experiencing
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1 a high rate or rapid increases in methamphet2 amine abuse and addiction.

3 ‘‘(4) ANALYSES AND EVALUATION.—

4 ‘‘(A) IN GENERAL.—Not more than

5 $1,000,000 of the amount available in each fis6 cal year to carry out this subsection shall be

7 made available to the Director, acting in con8 sultation with other Federal agencies, to sup9 port and conduct periodic analyses and evalua10 tions of effective treatments for methamphet11 amine abuse and addiction and the development

12 of appropriate strategies for disseminating in13 formation about and implementing treatment

14 services.

15 ‘‘(B) ANNUAL REPORT.—The Director

16 shall submit to the Committee on Health, Edu17 cation, Labor, and Pensions and Committee on

18 Appropriations of the Senate and the Commit19 tee on Commerce and Committee on Appropria20 tions of the House or Representatives, an an21 nual report with the results of the analyses and

22 evaluation conducted under subparagraph (A).

23 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

24 There is authorized to be appropriated to carry out

25 paragraph (1), $20,000,000 for fiscal year 2000,
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1 and such sums as may be necessary for each suc2 ceeding fiscal year.’’.

3 SEC. 5. EXPANDING METHAMPHETAMINE RESEARCH.

4 Section 464N of the Public Health Service Act (42

5 U.S.C. 285o–2) is amended by adding at the end the fol6 lowing:

7 ‘‘(c) METHAMPHETAMINE RESEARCH.—

8 ‘‘(1) GRANTS.—The Director of the Institute

9 may make grants to expand interdisciplinary re10 search relating to methamphetamine abuse and ad11 diction and other biomedical, behavioral and social

12 issues related to methamphetamine abuse and addic13 tion.

14 ‘‘(2) USE OF FUNDS.—Amounts made available

15 under a grant under paragraph (1) may be used to

16 conduct interdisciplinary research and clinical trials

17 with treatment centers on methamphetamine abuse

18 and addiction, including research on—

19 ‘‘(A) the effects of methamphetamine

20 abuse on the human body;

21 ‘‘(B) the addictive nature of methamphet22 amine and how such effects differ with respect

23 to different individuals;

24 ‘‘(C) the connection between methamphet25 amine abuse and mental illness;
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1 ‘‘(D) the identification and evaluation of

2 the most effective methods of prevention of

3 methamphetamine abuse and addiction;

4 ‘‘(E) the identification and development of

5 the most effective methods of treatment of

6 methamphetamine addiction, including pharma7 cological treatments;

8 ‘‘(F) risk factors for methamphetamine

9 abuse;

10 ‘‘(G) effects of methamphetamine abuse

11 and addiction on pregnant women and their

12 fetuses;

13 ‘‘(H) cultural, social, behavioral, neuro14 logical and psychological reasons that individ15 uals abuse methamphetamine, or refrain from

16 abusing methamphetamine.

17 ‘‘(3) RESEARCH RESULTS.—The Director shall

18 promptly disseminate research results under this

19 subsection to Federal, State and local entities in20 volved in combating methamphetamine abuse and

21 addiction.

22 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

23 There is authorized to be appropriated to carry out

24 paragraph (1), such sums as may be necessary for

25 each fiscal year.’’.
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1 SEC. 6. DRUG COURTS.

2 (a) IN GENERAL.—Title I of the Omnibus Crime

3 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

4 et seq.) is amended by inserting after part U the following:

5 ‘‘PART V—DRUG COURTS

6 ‘‘SEC. 2201. GRANT AUTHORITY.

7 ‘‘The Attorney General may make grants to States,

8 State courts, local courts, units of local government, and

9 Indian tribal governments, acting directly or through

10 agreements with other public or private entities, for pro11 grams that involve—

12 ‘‘(1) continuing judicial supervision over offend13 ers with substance abuse problems who are not vio14 lent offenders; and

15 ‘‘(2) the integrated administration of other

16 sanctions and services, which shall include—

17 ‘‘(A) mandatory periodic testing for the

18 use of controlled substances or other addictive

19 substances during any period of supervised re20 lease or probation for each participant;

21 ‘‘(B) referral to a community-based treat22 ment facility;

23 ‘‘(C) diversion, probation, or other super24 vised release involving the possibility of prosecu25 tion, confinement, or incarceration based on
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1 noncompliance with program requirements or

2 failure to show satisfactory progress; and

3 ‘‘(D) programmatic, offender management,

4 and aftercare services such as relapse preven5 tion, health care, education, vocational training,

6 job placement, housing placement, and child

7 care or other family support services for each

8 participant who requires such services.

9 ‘‘SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT

10 OFFENDERS.

11 ‘‘The Attorney General shall—

12 ‘‘(1) issue regulations and guidelines to ensure

13 that the programs authorized in this part do not

14 permit participation by violent offenders; and

15 ‘‘(2) immediately suspend funding for any grant

16 under this part, pending compliance, if the Attorney

17 General finds that violent offenders are participating

18 in any program funded under this part.

19 ‘‘SEC. 2203. DEFINITION.

20 ‘‘In this part, the term ‘violent offender’ means a per21 son who—

22 ‘‘(1) is charged with or convicted of an offense,

23 during the course of which offense—

24 ‘‘(A) the person carried, possessed, or used

25 a firearm or dangerous weapon;
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1 ‘‘(B) there occurred the death of or serious

2 bodily injury to any person; or

3 ‘‘(C) there occurred the use of force

4 against the person of another,

5 without regard to whether any of the circumstances

6 described in subparagraph (A), (B), or (C) is an ele7 ment of the offense of which or for which the person

8 is charged or convicted; or

9 ‘‘(2) has 1 or more prior convictions for a fel10 ony crime of violence involving the use or attempted

11 use of force against a person with the intent to

12 cause death or serious bodily harm.

13 ‘‘SEC. 2204. ADMINISTRATION.

14 ‘‘(a) CONSULTATION.—The Attorney General shall

15 consult with the Secretary of Health and Human Services

16 and any other appropriate officials in carrying out this

17 part.

18 ‘‘(b) USE OF COMPONENTS.—The Attorney General

19 may utilize any component or components of the Depart20 ment of Justice in carrying out this part.

21 ‘‘(c) REGULATORY AUTHORITY.—The Attorney Gen22 eral may issue regulations and guidelines necessary to

23 carry out this part.
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1 ‘‘(d) APPLICATIONS.—In addition to any other re2 quirements that may be specified by the Attorney General,

3 an application for a grant under this part shall—

4 ‘‘(1) include a long-term strategy and detailed

5 implementation plan;

6 ‘‘(2) explain the inability of the applicant to

7 fund the program adequately without Federal assist8 ance;

9 ‘‘(3) certify that the Federal support provided

10 will be used to supplement, and not supplant, State,

11 Indian tribal, and local sources of funding that

12 would otherwise be available;

13 ‘‘(4) identify related governmental or commu14 nity initiatives which complement or will be coordi15 nated with the proposal;

16 ‘‘(5) certify that there has been appropriate

17 consultation with all affected agencies and that there

18 will be appropriate coordination with all affected

19 agencies in the implementation of the program;

20 ‘‘(6) certify that participating offenders will be

21 supervised by 1 or more designated judges with re22 sponsibility for the drug court program;

23 ‘‘(7) specify plans for obtaining necessary sup24 port and continuing the proposed program following

25 the conclusion of Federal support; and
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1 ‘‘(8) describe the methodology that will be used

2 in evaluating the program.

3 ‘‘SEC. 2205. APPLICATIONS.

4 ‘‘In order to request a grant under this part, the chief

5 executive or the chief justice of a State or the chief execu6 tive or chief judge of a unit of local government or Indian

7 tribal government shall submit an application to the Attor8 ney General in such form and containing such information

9 as the Attorney General may reasonably require.

10 ‘‘SEC. 2206. FEDERAL SHARE.

11 ‘‘(a) IN GENERAL.—The Federal share of a grant

12 under this part may not exceed 75 percent of the total

13 costs of the program described in the application submit14 ted under section 2205 for the fiscal year for which the

15 program receives assistance under this part, unless the At16 torney General waives, wholly or in part, the requirement

17 of a matching contribution under this section.

18 ‘‘(b) IN-KIND CONTRIBUTIONS.—In-kind contribu19 tions may be used to constitute the non-Federal share of

20 a grant under this part.

21 ‘‘SEC. 2207. GEOGRAPHIC DISTRIBUTION.

22 ‘‘Subject to subsection (b), the Attorney General shall

23 ensure that, to the extent practicable, an equitable geo24 graphic distribution of grant awards is made under this

25 part.
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1 ‘‘SEC. 2208. REPORT.

2 ‘‘A State, Indian tribal government, or unit of local

3 government that receives a grant under this part during

4 a fiscal year shall submit to the Attorney General a report

5 in March of the following fiscal year regarding the use

6 of funds under this part.

7 ‘‘SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVAL8 UATION.

9 ‘‘(a) TECHNICAL ASSISTANCE AND TRAINING.—The

10 Attorney General may provide technical assistance and

11 training in furtherance of the purposes of this part.

12 ‘‘(b) EVALUATIONS.—In addition to any evaluation

13 requirements that may be prescribed for grantees, the At14 torney General may carry out or make arrangements for

15 evaluations of programs that receive support under this

16 part.

17 ‘‘(c) ADMINISTRATION.—The technical assistance,

18 training, and evaluations authorized by this section may

19 be carried out directly by the Attorney General, in collabo20 ration with the Secretary of Health and Human Services,

21 or through grants, contracts, or other cooperative arrange22 ments with other entities.’’.

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

24 1001(a) of title I of the Omnibus Crime Control and Safe

25 Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by

26 inserting after paragraph (19) the following:
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1 ‘‘(20) There are authorized to be appropriated to

2 carry out part V, such sums as may be necessary for each

3 of the fiscal years 2000 through 2004, of which not less

4 than $10,000,000 shall be set aside for each fiscal year

5 for assistance to communities with disproportionately high

6 or increasing rates of methamphetamine abuse and addic7 tion.’’.

8 SEC. 7. NATIONAL CONFERENCE ON METHAMPHETAMINE

9 ABUSE AND TREATMENT.

10 (a) IN GENERAL.—Not later than 1 year after the

11 date of enactment of this Act, the Secretary of Health and

12 Human Services shall convene a National Conference on

13 Methamphetamine Abuse and Treatment to gather, dis14 cuss and disseminate information concerning—

15 (1) the history of the methamphetamine epi16 demic in the United States;

17 (2) the progress that has been made by Fed18 eral, State and local law enforcement, prevention

19 and treatment authorities in combatting such epi20 demic; and

21 (3) future strategies to—

22 (A) reduce methamphetamine abuse and

23 addiction in regions of the United States where

24 methamphetamine is an emerging or exiting

25 problem; and
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1 (B) block efforts to introduce methamphet2 amine into other regions of the United States.

3 (b) PARTICIPANTS.—The Secretary of Health and

4 Human Services shall ensure that the participants in the

5 conference under subsection (a) include—

6 (1) the Secretary;

7 (2) the Attorney General;

8 (3) the Director of the Office of National Drug

9 Control Policy;

10 (4) various elected officials;

11 (5) Federal, State and local law enforcement,

12 education, drug treatment and operation providers

13 or organizations that represent such providers, and

14 health research officials; and

15 (5) other individuals determined appropriate by

16 the Secretary.

17 SEC. 8. COMPREHENSIVE METHAMPHETAMINE REDUCTION

18 STRATEGIC PLAN.

19 Not later than 1 year after the date of enactment

20 of this Act, the Attorney General, jointly with the Sec21 retary of Education and the Director of the Office of Na22 tional Drug Control Policy and the Secretary of Health

23 and Human Services, shall develop a comprehensive stra24 tegic plan to combat the methamphetamine problem in the

25 United States. Such plan shall include activities with re-
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1 spect to prevention, law enforcement, education, treat2 ment, and health research targeted at methamphetamine

3 use, abuse and addiction in the 21st century.

Æ