I 

109TH CONGRESS 

1ST SESSION H. R. 13

To respond to the illegal production, distribution, and use of 

methamphetamines in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005

Mr. KENNEDY of Minnesota (for himself, Mr. NUNES, Mr. GRAVES, Mr. CALVERT, Mr. RADANOVICH, Ms. JACKSON-LEE of Texas, Mr. LATOURETTE, 

Mr. INSLEE, Mr. CHANDLER, Mr. DAVIS of Tennessee, Mr. EHLERS, Mr. 

HERGER, Mr. SHIMKUS, Mr. BARTLETT of Maryland, Mr. GREEN of Wisconsin, Mr. CARDOZA, Mr. BLUMENAUER, Mr. TOWNS, Mr. BAIRD, Mr. 

SULLIVAN, Mrs. JO ANN DAVIS of Virginia, Mr. WALDEN of Oregon, Mr. 

HOLDEN, Mr. COX, and Mr. ROGERS of Alabama) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Agriculture, Resources, 

Transportation and Infrastructure, Education and the Workforce, and 

the Judiciary, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To respond to the illegal production, distribution, and use 

of methamphetamines in the United States, 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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Clean, Learn, Educate, Abolish, Neutralize, and Under4 mine Production (CLEAN-UP) of Methamphetamines 

5 Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—ENVIRONMENTAL PROTECTION 

Sec. 101. Response to environmental hazards associated with illegal manufacture of methamphetamine on Department of Agriculture and 

Department of the Interior lands. 

Sec. 102. Grant program to assist State and local government and private response to environmental hazards associated with illegal manufacture of methamphetamine on agricultural lands. 

Sec. 103. Designation of by-products of methamphetamine laboratories as hazardous materials and waste under Hazardous Materials Transportation Act and Solid Waste Disposal Act. 

Sec. 104. Grant program to assist law enforcement agencies in the safe identification, cleanup, and disposal of methamphetamine laboratories. 

Sec. 105. Grant program to assist law enforcement agencies in meeting the 

costs of complying with Federal laws relating to methamphetamine laboratory cleanup and disposal. 

Sec. 106. Study of environmental impact. 

TITLE II—EDUCATION, PREVENTION, AND TREATMENT 

Sec. 201. Study regarding health effects of exposure to process of unlawful 

manufacture of methamphetamine. 

Sec. 202. Grants for educational programs on prevention and treatment of 

methamphetamine abuse. 

Sec. 203. Local grants for treatment of methamphetamine abuse and related 

conditions. 

TITLE III—ENFORCEMENT 

Sec. 301. Authorization of appropriations relating to methamphetamine laboratory seizure statistics. 

Sec. 302. Authorization of appropriations relating to COPS grants. 

Sec. 303. Expansion of methamphetamine Hot Spots program to include personnel and equipment for enforcement, prosecution, and environmental cleanup. 

Sec. 304. Authorization of appropriations relating to the clandestine laboratory 

training. 

Sec. 305. Statement of Congress regarding availability and illegal importation 

of pseudoephedrine from Canada.
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1 TITLE I—ENVIRONMENTAL 

2 PROTECTION 

3 SEC. 101. RESPONSE TO ENVIRONMENTAL HAZARDS ASSO4 CIATED WITH ILLEGAL MANUFACTURE OF 

5 METHAMPHETAMINE ON DEPARTMENT OF 

6 AGRICULTURE AND DEPARTMENT OF THE IN7 TERIOR LANDS. 

8 (a) RESPONSE ACTIVITIES.—The Secretary of Agri9 culture and the Secretary of the Interior may carry out 

10 programs for the environmental clean up and remediation 

11 of National Forest System lands and other lands under 

12 the jurisdiction of the Department of Agriculture and Na13 tional Park System lands and other lands under the juris14 diction of the Department of the Interior that are con15 taminated with any hazardous substance or pollutant as16 sociated with the illegal manufacture of methamphet17 amine. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated $15,000,000 to carry out 

20 the programs authorized in subsection (a). 
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1 SEC. 102. GRANT PROGRAM TO ASSIST STATE AND LOCAL 

2 GOVERNMENT AND PRIVATE RESPONSE TO 

3 ENVIRONMENTAL HAZARDS ASSOCIATED 

4 WITH ILLEGAL MANUFACTURE OF METH5 AMPHETAMINE ON AGRICULTURAL LANDS. 

6 (a) GRANTS AUTHORIZED.—The Secretary of Agri7 culture may make grants to State and local governments 

8 and to private persons to assist the efforts of State and 

9 local governments and private persons to clean up and re10 mediate agricultural lands that are contaminated with any 

11 hazardous substance or pollutant associated with the ille12 gal manufacture of methamphetamine. No grant may be 

13 made under this subsection to any person who is respon14 sible for the contamination. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary of Agri17 culture $15,000,000 to make grants under subsection (a). 

18 SEC. 103. DESIGNATION OF BY-PRODUCTS OF METH19 AMPHETAMINE LABORATORIES AS HAZ20 ARDOUS MATERIALS AND WASTE UNDER 

21 HAZARDOUS MATERIALS TRANSPORTATION 

22 ACT AND SOLID WASTE DISPOSAL ACT. 

23 (a) HAZARDOUS MATERIALS TRANSPORTATION

24 ACT.—The Secretary of Transportation shall utilize the 

25 authority provided by section 5103 of title 49, United 

26 States Code, to designate certain by-products of the meth-
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1 amphetamine production process as hazardous materials 

2 for purposes of chapter 51 of such title to protect the envi3 ronment from the environmental harm caused by certain 

4 by-products of illegal methamphetamine laboratories and 

5 to expand the civil and criminal penalties available against 

6 persons who operate such laboratories. 

7 (b) SOLID WASTE DISPOSAL ACT.—The Adminis8 trator of the Environmental Protection Agency shall uti9 lize the authority provided by section 3001 of the Solid 

10 Waste Disposal Act (42 U.S.C. 6921) to designate certain 

11 by-products of the methamphetamine production process 

12 as hazardous waste for purposes of such Act (42 U.S.C. 

13 6901 et seq.) to protect the environment from the environ14 mental harm caused by certain by-products of illegal 

15 methamphetamine laboratories and to expand the civil and 

16 criminal penalties available against persons who operate 

17 such laboratories. 

18 (c) COVERED MATERIALS.—Not later than 13 

19 months after the date of the enactment of this Act, the 

20 Administrator of the Drug Enforcement Administration 

21 shall submit to the Secretary of Transportation and the 

22 Administrator of the Environmental Protection Agency a 

23 list of those by-products of the methamphetamine produc24 tion process that, in the event of improper disposal and 

25 inadequate remediation, are likely to cause long-term 
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1 harm to the environment. The Administrator of the Drug 

2 Enforcement Administration shall take into consideration 

3 the report required by section 106 in preparing the initial 

4 list and shall revise the list annually thereafter as nec5 essary to reflect changes in the methamphetamine produc6 tion process. 

7 (d) TIME FOR DESIGNATION.—The designations re8 quired by subsections (a) and (b) shall be completed not 

9 later than 18 months after the date of the enactment of 

10 this Act. If the Administrator of the Drug Enforcement 

11 Administration revises the list referred to in subsection 

12 (c), the Secretary of Transportation and the Adminis13 trator of the Environmental Protection Agency shall com14 plete additional designations to reflect the revisions made 

15 to the list not later than 18 months after the date of the 

16 submission of the revised list. 

17 SEC. 104. GRANT PROGRAM TO ASSIST LAW ENFORCEMENT 

18 AGENCIES IN THE SAFE IDENTIFICATION, 

19 CLEANUP, AND DISPOSAL OF METHAMPHET20 AMINE LABORATORIES. 

21 (a) GRANTS AUTHORIZED.—The Secretary of Labor, 

22 acting through the Occupational Safety and Health Ad23 ministration, shall provide grants to State and local law 

24 enforcement agencies to be used for—
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1 (1) the provision of training in safe procedures 

2 for identifying, cleaning up, and disposing of meth3 amphetamine laboratories, and 

4 (2) the acquisition of equipment for the safe 

5 identification, cleanup, and disposal of methamphet6 amine laboratories. 

7 (b) INCLUDED ACTIVITIES.—Grant funds provided 

8 under subsection (a) may be used to cover costs associated 

9 with training and acquisition described in such subsection 

10 that is provided by public agencies or private organiza11 tions. 

12 (c) RULEMAKING.—The Secretary of Labor may pre13 scribe rules to carry out this section. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

16 $20,000,000 for fiscal year 2006. 

17 SEC. 105. GRANT PROGRAM TO ASSIST LAW ENFORCEMENT 

18 AGENCIES IN MEETING THE COSTS OF COM19 PLYING WITH FEDERAL LAWS RELATING TO 

20 METHAMPHETAMINE LABORATORY CLEANUP 

21 AND DISPOSAL. 

22 (a) GRANTS AUTHORIZED.—The Secretary of Labor 

23 shall provide grants to State and local law enforcement 

24 agencies to assist such agencies in meeting the costs of 
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1 complying with Federal laws regarding the cleanup and 

2 disposal of methamphetamine laboratories. 

3 (b) RULEMAKING.—The Secretary of Labor may pre4 scribe rules to carry out this section. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this section 

7 $10,000,000 for fiscal year 2006. 

8 SEC. 106. STUDY OF ENVIRONMENTAL IMPACT. 

9 (a) STUDY REQUIRED.—Not later than one year 

10 after the date of the enactment of this Act, the Adminis11 trator of the Environmental Protection Agency shall sub12 mit to Congress a study of the impact of the operation 

13 of laboratories for the manufacture of methamphetamines 

14 on the environment, including the impact on agriculture. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Administrator of 

17 the Environmental Protection Agency $1,000,000 for fis18 cal year 2006 to conduct the study required by subsection 

19 (a). 
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1 TITLE II—EDUCATION, 

2 PREVENTION, AND TREATMENT 

3 SEC. 201. STUDY REGARDING HEALTH EFFECTS OF EXPO4 SURE TO PROCESS OF UNLAWFUL MANUFAC5 TURE OF METHAMPHETAMINE. 

6 (a) IN GENERAL.—With respect to the unlawful man7 ufacturing of methamphetamine, the Secretary of Health 

8 and Human Services shall conduct a study for the purpose 

9 of determining—

10 (1) to what extent food, water, air, soil, equip11 ment, or other matter becomes contaminated with 

12 methamphetamine or other harmful substances as a 

13 result of the proximity of the matter to the process 

14 of such manufacturing; and 

15 (2) whether any adverse health conditions result 

16 from the exposure of individuals to such process or 

17 to contaminated matter within the meaning of para18 graph (1). 

19 (b) REPORT TO CONGRESS.—Not later than one year 

20 after the date of the enactment of this Act, the Secretary 

21 of Health and Human Services shall complete the study 

22 under subsection (a) and submit to the Congress a report 

23 describing the findings of the study. 
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1 SEC. 202. GRANTS FOR EDUCATIONAL PROGRAMS ON PRE2 VENTION AND TREATMENT OF METH3 AMPHETAMINE ABUSE. 

4 Part A of title IV of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 7101 et seq.) is amend6 ed—

7 (1) in section 4003—

8 (A) at the end of paragraph (1), by strik9 ing ‘‘and’’; 

10 (B) at the end of paragraph (2), by strik11 ing the period and inserting ‘‘; and’’; and 

12 (C) at the end of the section, by adding 

13 the following: 

14 ‘‘(3) $20,000,000 for fiscal year 2006, for 

15 grants under subpart 4.’’; 

16 (2) by redesignating subpart 4 as subpart 5; 

17 and 

18 (3) by inserting after subpart 3 the following: 

19 ‘‘Subpart 4—Education on Prevention and Treatment 

20 of Methamphetamine Abuse 

21 ‘‘SEC. 4146. GRANT PROGRAM. 

22 ‘‘(a) GRANTS.—From funds made available to carry 

23 out this subpart under section 4003(3), the Secretary may 

24 make grants on a competitive basis to State agencies, local 

25 educational agencies, and nonprofit organizations to carry 
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1 out programs to educate students on prevention and treat2 ment of methamphetamine abuse. 

3 ‘‘(b) APPLICATIONS.—To receive a grant under this 

4 section, an applicant shall submit an application to the 

5 Secretary at such time, in such manner, and containing 

6 such information as the Secretary may require.’’. 

7 SEC. 203. LOCAL GRANTS FOR TREATMENT OF METH8 AMPHETAMINE ABUSE AND RELATED CONDI9 TIONS. 

10 Subpart 1 of part B of title V of the Public Health 

11 Service Act (42 U.S.C. 290bb et seq.) is amended—

12 (1) by redesignating the section 514 that re13 lates to methamphetamine and appears after section 

14 514A as section 514B; and 

15 (2) by inserting after section 514B (as so re16 designated) the following section: 

17 ‘‘SEC. 514C. LOCAL GRANTS FOR TREATMENT OF METH18 AMPHETAMINE ABUSE AND RELATED CONDI19 TIONS. 

20 ‘‘(a) IN GENERAL.—The Secretary may make grants 

21 to political subdivisions of States and to nonprofit private 

22 entities for the purpose of providing treatment for meth23 amphetamine abuse, subject to subsection (b). 

24 ‘‘(b) CERTAIN SERVICES FOR CHILDREN.—In addi25 tion to the purpose described in subsection (a), a grant 
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1 under such subsection may be expended to treat children 

2 for any adverse health condition resulting from a quali3 fying methamphetamine-related exposure. 

4 ‘‘(c) DEFINITIONS.—For purposes of this section: 

5 ‘‘(1) The term ‘children’ means individuals who 

6 are under the age of 18. 

7 ‘‘(2)(A) The term ‘qualifying methamphet8 amine-related exposure’, with respect to children, 

9 means exposure to methamphetamine or other harm10 ful substances as a result of the proximity of the 

11 children to the process of manufacturing meth12 amphetamine or the proximity of the children to as13 sociated contaminated matter. 

14 ‘‘(B) The term ‘associated contaminated mat15 ter’, with respect to the process of manufacturing 

16 methamphetamine, means food, water, air, soil, 

17 equipment, or other matter that is contaminated 

18 with methamphetamine or other harmful substances 

19 as a result of the proximity of the matter to such 

20 process. 

21 ‘‘(d) FUNDING.—

22 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

23 For the purpose of carrying out this section, there 

24 is authorized to be appropriated $10,000,000 for fis25 cal year 2006. 
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1 ‘‘(2) ALLOCATION FOR CHILDREN.—Of the 

2 amount appropriated under paragraph (1) for a fis3 cal year, not less than $2,500,000 shall be reserved 

4 for carrying out this section with respect to chil5 dren.’’. 

6 TITLE III—ENFORCEMENT 

7 SEC. 301. AUTHORIZATION OF APPROPRIATIONS RELATING 

8 TO METHAMPHETAMINE LABORATORY SEI9 ZURE STATISTICS. 

10 In addition to any other funds authorized to be ap11 propriated for fiscal year 2006 for the collection, aggrega12 tion, and dissemination of methamphetamine laboratory 

13 seizure statistics by the El Paso Intelligence Center 

14 (EPIC) of the Department of Justice, there is authorized 

15 to be appropriated $2,000,000 for such purpose. 

16 SEC. 302. AUTHORIZATION OF APPROPRIATIONS RELATING 

17 TO COPS GRANTS. 

18 (a) IN GENERAL.—In addition to any other funds au19 thorized to be appropriated for fiscal year 2006 for grants 

20 under part Q of title I of the Omnibus Crime Control and 

21 Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), 

22 known as the COPS program, there is authorized to be 

23 appropriated $20,000,000 for such purpose to provide 

24 training to State and local prosecutors and law enforce-
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1 ment agents for prosecution of methamphetamine of2 fenses. 

3 (b) RURAL SET-ASIDE.—Of amounts made available 

4 pursuant to subsection (a), $5,000,000 shall be available 

5 only for prosecutors and law enforcement agents for rural 

6 communities. 

7 (c) DEA REIMBURSEMENT.—Of amounts made 

8 available pursuant to subsection (a), $2,000,000 shall be 

9 available only to reimburse the Drug Enforcement Admin10 istration for existing training expenses. 

11 SEC. 303. EXPANSION OF METHAMPHETAMINE HOT SPOTS 

12 PROGRAM TO INCLUDE PERSONNEL AND 

13 EQUIPMENT FOR ENFORCEMENT, PROSECU14 TION, AND ENVIRONMENTAL CLEANUP. 

15 Section 1701(d) of the Omnibus Crime Control and 

16 Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amend17 ed—

18 (1) in paragraph (11) by striking ‘‘and’’ at the 

19 end; 

20 (2) in paragraph (12) by striking the period at 

21 the end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new 

23 paragraph: 

24 ‘‘(13) hire personnel and purchase equipment to 

25 assist in the enforcement and prosecution of meth-
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1 amphetamine offenses and the environmental clean2 up of methamphetamine-affected areas.’’. 

3 SEC. 304. AUTHORIZATION OF APPROPRIATIONS RELATING 

4 TO THE CLANDESTINE LABORATORY TRAIN5 ING. 

6 In addition to any other funds authorized to be ap7 propriated for fiscal year 2006 for the facilities and per8 sonnel used to operate the Clandestine Laboratory Train9 ing Facility of the Drug Enforcement Administration, lo10 cated in Quantico, Virginia, there is authorized to be ap11 propriated $10,000,000 for such purpose (but to include 

12 not more than 20 additional fulltime positions) to provide 

13 training to law enforcement personnel of all the States, 

14 the District of Columbia, the Commonwealth of Puerto 

15 Rico, and the territories and possessions of the United 

16 States. 

17 SEC. 305. STATEMENT OF CONGRESS REGARDING AVAIL18 ABILITY AND ILLEGAL IMPORTATION OF 

19 PSEUDOEPHEDRINE FROM CANADA. 

20 (a) FINDINGS.—The Congress finds that—

21 (1) pseudoephedrine is one of the basic pre22 cursor chemicals used in the manufacture of the 

23 dangerous narcotic methamphetamine; 

24 (2) the Federal Government, working in co25 operation with narcotics agents of State and local 
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1 governments and the private sector, has tightened 

2 the control of pseudoephedrine in the United States 

3 in recent years; 

4 (3) pseudoephedrine can only be purchased in 

5 the United States in small quantity bottles or blister 

6 packs; however, the widespread presence of large 

7 containers of pseudoephedrine from Canada at meth8 amphetamine laboratories and dumpsites in the 

9 United States, despite efforts of law enforcement 

10 agencies to stem the flow of these containers into 

11 the United States, demonstrates the strength of the 

12 demand for, and the inherent difficulties in stem13 ming the flow of, these containers from neighboring 

14 Canada; and 

15 (4) Canada lacks a comprehensive legislative 

16 framework for addressing the pseudoephedrine traf17 ficking problem. 

18 (b) CALL FOR ACTION BY CANADA.—The Congress 

19 strongly urges the President to seek commitments from 

20 the Government of Canada to begin immediately to take 

21 effective measures to stem the widespread and increasing 

22 availability in Canada and the illegal importation into the 

23 United States of pseudoephedrine.

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