110th CONGRESS
1st Session
H. R. 955
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 8, 2007
Mr. REHBERG introduced the following bill; which was referred to the Committee
on Energy and Commerce, and in addition to the Committees on Agriculture,
Natural Resources, Transportation and Infrastructure, Education and Labor,
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Clean, Learn, Educate, Abolish,
Neutralize, and Undermine Production of Methamphetamines Act' or `CLEAN-UP
of Methamphetamines Act'.
(b) Table of Contents- The table of contents for 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.
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.
(a) Response Activities- The Secretary of Agriculture and the Secretary
of the Interior may carry out programs for the environmental clean up and
remediation of National Forest System lands and other lands under the jurisdiction
of the Department of Agriculture and National Park System lands and other
lands under the jurisdiction of the Department of the Interior that are
contaminated with any hazardous substance or pollutant associated with the
illegal manufacture of methamphetamine.
(b) Authorization of Appropriations- There is authorized to be appropriated
$15,000,000 to carry out the programs authorized in subsection (a).
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.
(a) Grants Authorized- The Secretary of Agriculture may make grants to State
and local governments and to private persons to assist the efforts of State
and local governments and private persons to clean up and remediate agricultural
lands that are contaminated with any hazardous substance or pollutant associated
with the illegal manufacture of methamphetamine. No grant may be made under
this subsection to any person who is responsible for the contamination.
(b) Authorization of Appropriations- There is authorized to be appropriated
to the Secretary of Agriculture $15,000,000 to make grants under subsection
(a).
SEC. 103. DESIGNATION OF BY-PRODUCTS OF METHAMPHETAMINE LABORATORIES AS
HAZARDOUS MATERIALS AND WASTE UNDER HAZARDOUS MATERIALS TRANSPORTATION ACT
AND SOLID WASTE DISPOSAL ACT.
(a) Hazardous Materials Transportation Act- The Secretary of Transportation
shall utilize the authority provided by section 5103 of title 49, United
States Code, to designate certain by-products of the methamphetamine production
process as hazardous materials for purposes of chapter 51 of such title
to protect the environment from the environmental harm caused by certain
by-products of illegal methamphetamine laboratories and to expand the civil
and criminal penalties available against persons who operate such laboratories.
(b) Solid Waste Disposal Act- The Administrator of the Environmental Protection
Agency shall utilize the authority provided by section 3001 of the Solid
Waste Disposal Act (42 U.S.C. 6921) to designate certain by-products of
the methamphetamine production process as hazardous waste for purposes of
such Act (42 U.S.C. 6901 et seq.) to protect the environment from the environmental
harm caused by certain by-products of illegal methamphetamine laboratories
and to expand the civil and criminal penalties available against persons
who operate such laboratories.
(c) Covered Materials- Not later than 13 months after the date of the enactment
of this Act, the Administrator of the Drug Enforcement Administration shall
submit to the Secretary of Transportation and the Administrator of the Environmental
Protection Agency a list of those by-products of the methamphetamine production
process that, in the event of improper disposal and inadequate remediation,
are likely to cause long-term harm to the environment. The Administrator
of the Drug Enforcement Administration shall take into consideration the
report required by section 106 in preparing the initial list and shall revise
the list annually thereafter as necessary to reflect changes in the methamphetamine
production process.
(d) Time for Designation- The designations required by subsections (a) and
(b) shall be completed not later than 18 months after the date of the enactment
of this Act. If the Administrator of the Drug Enforcement Administration
revises the list referred to in subsection (c), the Secretary of Transportation
and the Administrator of the Environmental Protection Agency shall complete
additional designations to reflect the revisions made to the list not later
than 18 months after the date of the submission of the revised list.
SEC. 104. GRANT PROGRAM TO ASSIST LAW ENFORCEMENT AGENCIES IN THE SAFE
IDENTIFICATION, CLEANUP, AND DISPOSAL OF METHAMPHETAMINE LABORATORIES.
(a) Grants Authorized- The Secretary of Labor, acting through the Occupational
Safety and Health Administration, shall provide grants to State and local
law enforcement agencies to be used for--
(1) the provision of training in safe procedures for identifying, cleaning
up, and disposing of methamphetamine laboratories, and
(2) the acquisition of equipment for the safe identification, cleanup,
and disposal of methamphetamine laboratories.
(b) Included Activities- Grant funds provided under subsection (a) may be
used to cover costs associated with training and acquisition described in
such subsection that is provided by public agencies or private organizations.
(c) Rulemaking- The Secretary of Labor may prescribe rules to carry out
this section.
(d) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section $20,000,000 for fiscal year 2008.
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.
(a) Grants Authorized- The Secretary of Labor shall provide grants to State
and local law enforcement agencies to assist such agencies in meeting the
costs of complying with Federal laws regarding the cleanup and disposal
of methamphetamine laboratories.
(b) Rulemaking- The Secretary of Labor may prescribe rules to carry out
this section.
(c) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section $10,000,000 for fiscal year 2008.
SEC. 106. STUDY OF ENVIRONMENTAL IMPACT.
(a) Study Required- Not later than one year after the date of the enactment
of this Act, the Administrator of the Environmental Protection Agency shall
submit to Congress a study of the impact of the operation of laboratories
for the manufacture of methamphetamines on the environment, including the
impact on agriculture.
(b) Authorization of Appropriations- There are authorized to be appropriated
to the Administrator of the Environmental Protection Agency $1,000,000 for
fiscal year 2008 to conduct the study required by subsection (a).
TITLE II--EDUCATION, PREVENTION, AND TREATMENT
SEC. 201. STUDY REGARDING HEALTH EFFECTS OF EXPOSURE TO PROCESS OF UNLAWFUL
MANUFACTURE OF METHAMPHETAMINE.
(a) In General- With respect to the unlawful manufacturing of methamphetamine,
the Secretary of Health and Human Services shall conduct a study for the
purpose of determining--
(1) to what extent food, water, air, soil, equipment, or other matter
becomes contaminated with methamphetamine or other harmful substances
as a result of the proximity of the matter to the process of such manufacturing;
and
(2) whether any adverse health conditions result from the exposure of
individuals to such process or to contaminated matter within the meaning
of paragraph (1).
(b) Report to Congress- Not later than one year after the date of the enactment
of this Act, the Secretary of Health and Human Services shall complete the
study under subsection (a) and submit to the Congress a report describing
the findings of the study.
SEC. 202. GRANTS FOR EDUCATIONAL PROGRAMS ON PREVENTION AND TREATMENT
OF METHAMPHETAMINE ABUSE.
Part A of title IV of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7101 et seq.) is amended--
(A) at the end of paragraph (1), by striking `and';
(B) at the end of paragraph (2), by striking the period and inserting
`; and'; and
(C) at the end of the section, by adding the following:
`(3) $20,000,000 for fiscal year 2008, for grants under subpart 4.';
(2) by redesignating subpart 4 as subpart 5; and
(3) by inserting after subpart 3 the following:
`Subpart 4--Education on Prevention and Treatment of Methamphetamine
Abuse
`SEC. 4146. GRANT PROGRAM.
`(a) Grants- From funds made available to carry out this subpart under section
4003(3), the Secretary may make grants on a competitive basis to State agencies,
local educational agencies, and nonprofit organizations to carry out programs
to educate students on prevention and treatment of methamphetamine abuse.
`(b) Applications- To receive a grant under this section, an applicant shall
submit an application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.'.
SEC. 203. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND RELATED
CONDITIONS.
Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C.
290bb et seq.) is amended--
(1) by redesignating the section 514 that relates to methamphetamine and
appears after section 514A as section 514B; and
(2) by inserting after section 514B (as so redesignated) the following
section:
`SEC. 514C. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND RELATED
CONDITIONS.
`(a) In General- The Secretary may make grants to political subdivisions
of States and to nonprofit private entities for the purpose of providing
treatment for methamphetamine abuse, subject to subsection (b).
`(b) Certain Services for Children- In addition to the purpose described
in subsection (a), a grant under such subsection may be expended to treat
children for any adverse health condition resulting from a qualifying methamphetamine-related
exposure.
`(c) Definitions- For purposes of this section:
`(1) The term `children' means individuals who are under the age of 18.
`(2)(A) The term `qualifying methamphetamine-related exposure', with respect
to children, means exposure to methamphetamine or other harmful substances
as a result of the proximity of the children to the process of manufacturing
methamphetamine or the proximity of the children to associated contaminated
matter.
`(B) The term `associated contaminated matter', with respect to the process
of manufacturing methamphetamine, means food, water, air, soil, equipment,
or other matter that is contaminated with methamphetamine or other harmful
substances as a result of the proximity of the matter to such process.
`(1) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out
this section, there is authorized to be appropriated $10,000,000 for fiscal
year 2008.
`(2) ALLOCATION FOR CHILDREN- Of the amount appropriated under paragraph
(1) for a fiscal year, not less than $2,500,000 shall be reserved for
carrying out this section with respect to children.'.
TITLE III--ENFORCEMENT
SEC. 301. AUTHORIZATION OF APPROPRIATIONS RELATING TO METHAMPHETAMINE
LABORATORY SEIZURE STATISTICS.
In addition to any other funds authorized to be appropriated for fiscal
year 2008 for the collection, aggregation, and dissemination of methamphetamine
laboratory seizure statistics by the El Paso Intelligence Center (EPIC)
of the Department of Justice, there is authorized to be appropriated $2,000,000
for such purpose.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.
(a) In General- In addition to any other funds authorized to be appropriated
for fiscal year 2008 for grants under part Q of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), known as
the COPS program, there is authorized to be appropriated $20,000,000 for
such purpose to provide training to State and local prosecutors and law
enforcement agents for prosecution of methamphetamine offenses.
(b) Rural Set-Aside- Of amounts made available pursuant to subsection (a),
$5,000,000 shall be available only for prosecutors and law enforcement agents
for rural communities.
(c) DEA Reimbursement- Of amounts made available pursuant to subsection
(a), $2,000,000 shall be available only to reimburse the Drug Enforcement
Administration for existing training expenses.
SEC. 303. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE PERSONNEL
AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND ENVIRONMENTAL CLEANUP.
Section 1701(d) of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796dd(d)) is amended by inserting after paragraph (4) the following
new paragraph:
`(5) hire personnel and purchase equipment to assist in the enforcement
and prosecution of methamphetamine offenses and the environmental cleanup
of methamphetamine-affected areas;'.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS RELATING TO THE CLANDESTINE
LABORATORY TRAINING.
In addition to any other funds authorized to be appropriated for fiscal
year 2008 for the facilities and personnel used to operate the Clandestine
Laboratory Training Facility of the Drug Enforcement Administration, located
in Quantico, Virginia, there is authorized to be appropriated $10,000,000
for such purpose (but to include not more than 20 additional full-time positions)
to provide training to law enforcement personnel of all the States, the
District of Columbia, the Commonwealth of Puerto Rico, and the territories
and possessions of the United States.
SEC. 305. STATEMENT OF CONGRESS REGARDING AVAILABILITY AND ILLEGAL IMPORTATION
OF PSEUDOEPHEDRINE FROM CANADA.
(a) Findings- The Congress finds that--
(1) pseudoephedrine is one of the basic precursor chemicals used in the
manufacture of the dangerous narcotic methamphetamine;
(2) the Federal Government, working in cooperation with narcotics agents
of State and local governments and the private sector, has tightened the
control of pseudoephedrine in the United States in recent years;
(3) pseudoephedrine can only be purchased in the United States in small
quantity bottles or blister packs; however, the widespread presence of
large containers of pseudoephedrine from Canada at methamphetamine laboratories
and dumpsites in the United States, despite efforts of law enforcement
agencies to stem the flow of these containers into the United States,
demonstrates the strength of the demand for, and the inherent difficulties
in stemming the flow of, these containers from neighboring Canada; and
(4) Canada lacks a comprehensive legislative framework for addressing
the pseudoephedrine trafficking problem.
(b) Call for Action by Canada- The Congress strongly urges the President
to seek commitments from the Government of Canada to begin immediately to
take effective measures to stem the widespread and increasing availability
in Canada and the illegal importation into the United States of pseudoephedrine.
END
