I 

108TH CONGRESS 

1ST SESSION H. R. 834

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

methamphetamines in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2003

Mr. OSE (for himself, Mr. BLUNT, Mr. PORTMAN, Mr. SOUDER, Mr. MICA, 

Mr. CANNON, Mr. CALVERT, Mr. CUMMINGS, Mr. COBLE, Mr. TOWNS, 

Mr. GOODLATTE, Mr. HERGER, Mr. DOOLITTLE, Mr. LEWIS of California, Mr. LATHAM, Mr. RADANOVICH, Mr. UDALL of New Mexico, Mr. 

BEREUTER, Mr. GIBBONS, Mr. WALDEN of Oregon, Mr. SESSIONS, Mrs. 

TAUSCHER, Mr. CRANE, Ms. HARMAN, Mrs. WILSON of New Mexico, Ms. 

WOOLSEY, Mr. CUNNINGHAM, Mr. MATHESON, Mr. WILSON of South 

Carolina, Ms. BERKLEY, Mr. NETHERCUTT, Ms. LOFGREN, Mr. 

MCINNIS, Mr. COSTELLO, Mr. ADERHOLT, Mr. CARSON of Oklahoma, 

Mr. PUTNAM, Mr. DOOLEY of California, Mr. OSBORNE, Mr. CARDOZA, 

Mr. GRAVES, Mr. FILNER, Mr. TERRY, Mrs. BONO, Mr. OTTER, Mr. PETERSON of Pennsylvania, Mr. ENGLISH, Mr. GILLMOR, Mr. LANTOS, Mr. 

SIMMONS, Mr. HOLDEN, Mr. ISSA, Mr. POMEROY, Mrs. JO ANN DAVIS

of Virginia, Mr. HUNTER, Mr. SULLIVAN, Mr. HILL, Mr. BALLENGER, 

Mr. CASE, Mr. NUNES, Mr. UPTON, Mr. EHLERS, Mr. LEACH, and Mr. 

THOMPSON of California) 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.
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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; TABLE OF CONTENTS. 

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

5 ‘‘Clean, Learn, Educate, Abolish, Neutralize, and Under6 mine Production (CLEAN-UP) of Methamphetamines 

7 Act’’. 

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

9 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. 
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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. Liability of promoters of commercial drug-oriented entertainment. 

Sec. 306. Statement of Congress regarding availability and illegal importation 

of pseudoephedrine from Canada.

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 for—
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1 (1) training in safe procedures for identifying, 

2 cleaning up, and disposing of methamphetamine lab3 oratories, and 

4 (2) acquisition of equipment for the safe identi5 fication, cleanup, and disposal of methamphetamine 

6 laboratories, 

7 including costs associated with such training and acquisi8 tion provided by public agencies or private organizations. 

9 (b) RULEMAKING.—The Secretary of Labor may pre10 scribe rules to carry out this section. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this section 

13 $20,000,000 for fiscal year 2005. 

14 SEC. 105. GRANT PROGRAM TO ASSIST LAW ENFORCEMENT 

15 AGENCIES IN MEETING THE COSTS OF COM16 PLYING WITH FEDERAL LAWS RELATING TO 

17 METHAMPHETAMINE LABORATORY CLEANUP 

18 AND DISPOSAL. 

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

20 shall provide grants to State and local law enforcement 

21 agencies to assist such agencies in meeting the costs of 

22 complying with Federal laws regarding the cleanup and 

23 disposal of methamphetamine laboratories. 

24 (b) RULEMAKING.—The Secretary of Labor may pre25 scribe rules to carry out this section. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $10,000,000 for fiscal year 2005. 

4 SEC. 106. STUDY OF ENVIRONMENTAL IMPACT. 

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

6 after the date of the enactment of this Act, the Adminis7 trator of the Environmental Protection Agency shall sub8 mit to Congress a study of the impact of the operation 

9 of laboratories for the manufacture of methamphetamines 

10 on the environment, including the impact on agriculture. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Administrator of 

13 the Environmental Protection Agency $1,000,000 for fis14 cal year 2005 to conduct the study required by subsection 

15 (a). 

16 TITLE II—EDUCATION, 

17 PREVENTION, AND TREATMENT 

18 SEC. 201. STUDY REGARDING HEALTH EFFECTS OF EXPO19 SURE TO PROCESS OF UNLAWFUL MANUFAC20 TURE OF METHAMPHETAMINE. 

21 (a) IN GENERAL.—With respect to the unlawful man22 ufacturing of methamphetamine, the Secretary of Health 

23 and Human Services shall conduct a study for the purpose 

24 of determining—
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1 (1) to what extent food, water, air, soil, equip2 ment, or other matter becomes contaminated with 

3 methamphetamine or other harmful substances as a 

4 result of the proximity of the matter to the process 

5 of such manufacturing; and 

6 (2) whether any adverse health conditions result 

7 from the exposure of individuals to such process or 

8 to contaminated matter within the meaning of para9 graph (1). 

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

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

12 of Health and Human Services shall complete the study 

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

14 describing the findings of the study. 

15 SEC. 202. GRANTS FOR EDUCATIONAL PROGRAMS ON PRE16 VENTION AND TREATMENT OF METH17 AMPHETAMINE ABUSE. 

18 Part A of title IV of the Elementary and Secondary 

19 Education Act of 1965 (20 U.S.C. 7101 et seq.) is amend20 ed—

21 (1) in section 4003—

22 (A) at the end of paragraph (1), by strik23 ing ‘‘and’’; 

24 (B) at the end of paragraph (2), by strik25 ing the period and inserting ‘‘; and’’; and 
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1 (C) at the end of the section, by adding 

2 the following: 

3 ‘‘(3) $20,000,000 for fiscal year 2005, for 

4 grants under subpart 4.’’; 

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

6 and 

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

8 ‘‘Subpart 4—Education on Prevention and Treatment 

9 of Methamphetamine Abuse 

10 ‘‘SEC. 4146. GRANT PROGRAM. 

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

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

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

14 educational agencies, and nonprofit organizations to carry 

15 out programs to educate students on prevention and treat16 ment of methamphetamine abuse. 

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

18 section, an applicant shall submit an application to the 

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

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

21 SEC. 203. LOCAL GRANTS FOR TREATMENT OF METH22 AMPHETAMINE ABUSE AND RELATED CONDI23 TIONS. 

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

25 Service Act (42 U.S.C. 290bb et seq.) is amended—
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1 (1) by redesignating the section 514 that re2 lates to methamphetamine and appears after section 

3 514A as section 514B; and 

4 (2) by inserting after section 514B (as so re5 designated) the following section: 

6 ‘‘LOCAL GRANTS FOR TREATMENT OF

7 METHAMPHETAMINE ABUSE AND RELATED CONDITIONS

8 ‘‘SEC. 514C. (a) IN GENERAL.—The Secretary may 

9 make grants to political subdivisions of States and to non10 profit private entities for the purpose of providing treat11 ment for methamphetamine abuse, subject to subsection 

12 (b). 

13 ‘‘(b) CERTAIN SERVICES FOR CHILDREN.—In addi14 tion to the purpose described in subsection (a), a grant 

15 under such subsection may be expended to treat children 

16 for any adverse health condition resulting from a quali17 fying methamphetamine-related exposure. 

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

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

20 are under the age of 18. 

21 ‘‘(2)(A) The term ‘qualifying methamphet22 amine-related exposure’, with respect to children, 

23 means exposure to methamphetamine or other harm24 ful substances as a result of the proximity of the 

25 children to the process of manufacturing meth-
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1 amphetamine or the proximity of the children to as2 sociated contaminated matter. 

3 ‘‘(B) The term ‘associated contaminated mat4 ter’, with respect to the process of manufacturing 

5 methamphetamine, means food, water, air, soil, 

6 equipment, or other matter that is contaminated 

7 with methamphetamine or other harmful substances 

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

9 process. 

10 ‘‘(d) FUNDING.—

11 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

12 For the purpose of carrying out this section, there 

13 are authorized to be appropriated $10,000,000 for 

14 fiscal year 2005. 

15 ‘‘(2) ALLOCATION FOR CHILDREN.—Of the 

16 amount appropriated under paragraph (1) for a fis17 cal year, not less than $2,500,000 shall be reserved 

18 for carrying out this section with respect to chil19 dren.’’.

20 TITLE III—ENFORCEMENT

21 SEC. 301. AUTHORIZATION OF APPROPRIATIONS RELATING 

22 TO METHAMPHETAMINE LABORATORY SEI23 ZURE STATISTICS. 

24 In addition to any other funds authorized to be ap25 propriated for fiscal year 2005 for the collection, aggrega-
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1 tion, and dissemination of methamphetamine laboratory 

2 seizure statistics by the El Paso Intelligence Center 

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

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

5 SEC. 302. AUTHORIZATION OF APPROPRIATIONS RELATING 

6 TO COPS GRANTS. 

7 (a) IN GENERAL.—In addition to any other funds au8 thorized to be appropriated for fiscal year 2005 for grants 

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

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

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

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

13 training to State and local prosecutors and law enforce14 ment agents for prosecution of methamphetamine of15 fenses. 

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

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

18 only for prosecutors and law enforcement agents for rural 

19 communities. 

20 (c) DEA REIMBURSEMENT.—Of amounts made 

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

22 available only to reimburse the Drug Enforcement Admin23 istration for existing training expenses.
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1 SEC. 303. EXPANSION OF METHAMPHETAMINE HOT SPOTS 

2 PROGRAM TO INCLUDE PERSONNEL AND 

3 EQUIPMENT FOR ENFORCEMENT, PROSECU4 TION, AND ENVIRONMENTAL CLEANUP. 

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

6 Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amend7 ed—

8 (1) in paragraph (10) by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (11) by striking the period at 

11 the end and inserting ‘‘; and’’; and 

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

13 paragraph: 

14 ‘‘(12) hire personnel and purchase equipment to 

15 assist in the enforcement and prosecution of meth16 amphetamine offenses and the environmental clean17 up of methamphetamine-affected areas.’’. 

18 SEC. 304. AUTHORIZATION OF APPROPRIATIONS RELATING 

19 TO THE CLANDESTINE LABORATORY TRAIN20 ING. 

21 In addition to any other funds authorized to be ap22 propriated for fiscal year 2005 for the facilities and per23 sonnel used to operate the Clandestine Laboratory Train24 ing Facility of the Drug Enforcement Administrated, lo25 cated in Quantico, Virginia, there is authorized to be ap26 propriated $10,000,000 for such purpose (but to include 
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1 not more than 20 additional fulltime positions) to provide 

2 training to law enforcement personnel of all the States, 

3 the District of Columbia, the Commonwealth of Puerto 

4 Rico, and the territories and possessions of the United 

5 States.

6 SEC. 305. LIABILITY OF PROMOTERS OF COMMERCIAL 

7 DRUG-ORIENTED ENTERTAINMENT. 

8 (a) IN GENERAL.—The Controlled Substances Act is 

9 amended by inserting after section 416 (21 U.S.C. 856) 

10 the following new section: 

11 ‘‘SEC. 416A. PROMOTERS OF COMMERCIAL DRUG-ORI12 ENTED ENTERTAINMENT. 

13 ‘‘Whoever, for a commercial purpose, knowingly pro14 motes any rave, dance, music, or other entertainment 

15 event, that takes place under circumstances where the pro16 moter knows or reasonably ought to know that a controlled 

17 substance will be used or distributed in violation of Fed18 eral law or the law of the place where the event is held, 

19 shall be fined under title 18, United States Code, or im20 prisoned for not more than 9 years, or both.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of the Comprehensive Drug Abuse Pre23 vention and Control Act of 1970 is amended by inserting 

24 after the item relating to section 416 the following new 

25 item:

‘‘Sec. 416A. Promoters of drug oriented entertainment.’’.
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1 SEC. 306. STATEMENT OF CONGRESS REGARDING AVAIL2 ABILITY AND ILLEGAL IMPORTATION OF 

3 PSEUDOEPHEDRINE FROM CANADA. 

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

5 (1) pseudoephedrine is one of the basic pre6 cursor chemicals used in the manufacture of the 

7 dangerous narcotic methamphetamine; 

8 (2) the Federal Government, working in co9 operation with narcotics agents of State and local 

10 governments and the private sector, has tightened 

11 the control of pseudoephedrine in the United States 

12 in recent years; 

13 (3) pseudoephedrine can only be purchased in 

14 the United States in small quantity bottles or blister 

15 packs; however, the widespread presence of large 

16 containers of pseudoephedrine from Canada at meth17 amphetamine laboratories and dumpsites in the 

18 United States, despite efforts of law enforcement 

19 agencies to stem the flow of these containers into 

20 the United States, demonstrates the strength of the 

21 demand for, and the inherent difficulties in stem22 ming the flow of, these containers from neighboring 

23 Canada; and 

24 (4) Canada lacks a comprehensive legislative 

25 framework for addressing the pseudoephedrine traf26 ficking problem. 
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1 (b) CALL FOR ACTION BY CANADA.—The Congress 

2 strongly urges the President to seek commitments from 

3 the Government of Canada to begin immediately to take 

4 effective measures to stem the widespread and increasing 

5 availability in Canada and the illegal importation into the 

6 United States of pseudoephedrine.

Æ