Directs: (1) the Secretary of Transportation and the Administrator of the Environmental Protection Agency (EPA) to designate as hazardous byproducts of methamphetamine production; (2) the Administrator of the Drug Enforcement Administration to list byproducts likely to cause long-term environmental harm; (3) the Secretary of Labor to provide grants to local law enforcement; (4) the EPA Administrator to study methamphetamine laboratory operation impacts on the environment; and (5) the Secretary of Health and Human Services to study contamination issues.
Amends: (1) the Elementary and Secondary Education Act of 1965 and the Public Health Service Act to authorize grants for educational programs and treatment, respectively; (2) the Omnibus Crime Control and Safe Streets Act of 1968 to permit hiring police personnel and purchasing equipment; (3) the Controlled Substances Act to eliminate the regulatory exemption for over-the-counter pseudoephedrine product sales; and (4) the Comprehensive Methamphetamine Control Act of 1996 regarding court consideration of good faith efforts to prevent sales violations.
Urges the President to seek commitments from the Canadian Government regarding pseudoephedrine availability in Canada and its importation into the United States. Directs the Attorney General to study ephedrine product theft.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2763 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2763
To respond to the illegal production, distribution, and use of
methamphetamines in the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 19, 2002
Mrs. Feinstein (for herself, Mr. Hutchinson, and Mr. Kohl) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
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 of 2002'' or the ``CLEAN-UP Meth Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
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 local law enforcement agencies in the
safe identification, cleanup, and disposal
of methamphetamine laboratories.
Sec. 105. Grant program to assist local 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. Elimination of blister pack exemption.
Sec. 306. Civil penalty for violation of retail sales threshold for
pseudoephedrine products.
Sec. 307. Statement of Congress regarding availability and illegal
importation of pseudoephedrine from Canada.
Sec. 308. Study and report on organized retail theft.
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 land, land under the
jurisdiction of the Department of Agriculture, and National Park System
land and other land 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 this section.
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.--
(1) In general.--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 cleanup and remediate agricultural land that is
contaminated with any hazardous substance or pollutant
associated with the illegal manufacture of methamphetamine.
(2) Exception.--No grant may be made under this subsection
to any person that is responsible for the contamination.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture $15,000,000 to carry out
this section.
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 use 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--
(1) to protect the environment from the harm caused by
certain by-products of illegal methamphetamine laboratories;
and
(2) to expand the civil and criminal penalties available
against persons that operate those laboratories.
(b) Solid Waste Disposal Act.--The Administrator of the
Environmental Protection Agency shall use 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.)--
(1) to protect the environment from the harm caused by
certain by-products of illegal methamphetamine laboratories;
and
(2) to expand the civil and criminal penalties available
against persons that operate those laboratories.
(c) Covered Materials.--Not later than 13 months after the date of
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 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 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
submission of the revised list.
SEC. 104. GRANT PROGRAM TO ASSIST LOCAL 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
local law enforcement agencies for--
(1) training in safe procedures for identifying, cleaning
up, and disposing of methamphetamine laboratories; and
(2) acquisition of equipment for the safe identification,
cleanup, and disposal of methamphetamine laboratories,
including costs associated with such training and acquisition
provided by public agencies or private organizations.
(b) Rulemaking.--The Secretary of Labor may prescribe rules to
carry out this section.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2003.
SEC. 105. GRANT PROGRAM TO ASSIST LOCAL 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 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 is authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
2003.
SEC. 106. STUDY OF ENVIRONMENTAL IMPACT.
(a) Study Required.--Not later than 1 year after the date of
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 2003 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 1 year after the date of
enactment of this Act, the Secretary of Health and Human Services shall
complete the study under subsection (a) and submit to 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--
(1) in section 4003--
(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) by adding at the end the following:
``(3) $20,000,000 for fiscal year 2003, 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 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:
``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) Children.--The term `children' means individuals who
are under the age of 18.
``(2) Qualifying methamphetamine-related exposure.--
``(A) In general.--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) Associated contaminated matter.--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.
``(d) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $10,000,000 for fiscal year 2003.
``(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 2003 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 2003 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 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 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--
(1) in paragraph (10) by striking ``and'' at the end;
(2) in paragraph (11) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(12) 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 2003 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 fulltime 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. ELIMINATION OF BLISTER PACK EXEMPTION.
(a) Regulated Transaction.--Section 102(39)(A)(iv)(I)(aa) of the
Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)(I)(aa)) is amended
by striking ``, except that'' and all that follows through ``1996)''.
(b) Combination Ephedrine Product.--Section 102(45) of the
Controlled Substances Act (21 U.S.C. 802(45)) is amended to read as
follows:
``(45) The term `combination ephedrine product' means a
drug product that contains ephedrine or its salts, optical
isomers, or salts of optical isomers and therapeutically
significant quantities of another active medical ingredient.''.
(c) Rule of Law.--To the extent that there exists a conflict
between this Act and section 401(d) of the Comprehensive
Methamphetamine Control Act of 1996 (21 U.S.C. 802 note), this Act
shall control.
SEC. 306. CIVIL PENALTY FOR VIOLATION OF RETAIL SALES THRESHOLD FOR
PSEUDOEPHEDRINE PRODUCTS.
Section 401(d)(1)(B) of the Comprehensive Methamphetamine Control
Act of 1996 (21 U.S.C. 802 note) is amended--
(1) by striking ``Any individual'' and inserting the
following:
``(i) In general.--Any individual''; and
(2) by adding at the end the following:
``(ii) Considerations for civil penalty.--
The court, in determining a civil penalty for a
violation of the threshold established in this
paragraph, may consider--
``(I) the exercise of due diligence
or good faith efforts of the individual
or business to prevent violations of
this paragraph; and
``(II) evidence that an individual
or business trained employees on how to
sell, transfer, or otherwise furnish
substances specified in this paragraph,
in accordance with applicable law.''.
SEC. 307. STATEMENT OF CONGRESS REGARDING AVAILABILITY AND ILLEGAL
IMPORTATION OF PSEUDOEPHEDRINE FROM CANADA.
(a) Findings.--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) although pseudoephedrine can only be purchased in the
United States in small quantity bottles or blister packs, 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.--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 of pseudoephedrine in Canada and the illegal
importation of pseudoephedrine into the United States.
SEC. 308. STUDY AND REPORT ON ORGANIZED RETAIL THEFT.
(a) Study.--
(1) In general.--The Attorney General shall conduct a study
to estimate the percentage of ephedrine product used in
manufacturing methamphetamine that is obtained by theft.
(2) Issues.--The study conducted under paragraph (1) shall
include information regarding--
(A) to what extent the theft of ephedrine product
is conducted by organized rings of thieves;
(B) the capacity of States to address such
organized retail theft; and
(C) the need for greater Federal involvement.
(b) Report.--Not later than 12 months after the date of enactment
of this Act, the Attorney General shall submit a report to Congress on
the results of the study conducted under subsection (a).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7107-7109)
Read twice and referred to the Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line