[House Report 110-35]
[From the U.S. Government Publishing Office]
110th Congress Rept. 110-35
HOUSE OF REPRESENTATIVES
1st Session Part 2
======================================================================
NATIVE AMERICAN METHAMPHETAMINE ENFORCEMENT AND TREATMENT ACT OF 2007
_______
March 21, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Dingell, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 545]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 545) to amend the Omnibus Crime Control and Safe
Streets Act of 1968 to clarify that territories and Indian
tribes are eligible to receive grants for confronting the use
of methamphetamine, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmarks and Tax and Tariff Benefits............................. 4
Committee Cost Estimate.......................................... 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 6
Constitutional Authority Statement............................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Methamphetamine
Enforcement and Treatment Act of 2007''.
SEC. 2. NATIVE AMERICAN PARTICIPATION IN METHAMPHETAMINE GRANTS.
(a) In General.--Section 2996(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797cc(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``, territories, and Indian tribes (as
defined in section 2704)'' after ``to assist States'';
and
(B) in subparagraph (B), by striking ``and local''
and inserting ``, territorial, Tribal, and local'';
(2) in paragraph (2), by inserting ``, territories, and
Indian tribes'' after ``make grants to States''; and
(3) in paragraph (3)(C), by inserting ``, Tribal,'' after
``support State''.
(b) Grant Programs for Drug Endangered Children.--Section 755(a) of
the USA PATRIOT Improvement and Reauthorization Act of 2005 (42 U.S.C.
3797cc-2(a)) is amended by inserting ``, territories, and Indian tribes
(as defined in section 2704 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797d))'' after ``make grants to
States''.
(c) Grant Programs To Address Methamphetamine Use by Pregnant and
Parenting Women Offenders.--Section 756 of the USA PATRIOT Improvement
and Reauthorization Act of 2005 (42 U.S.C. 3797cc-3) is amended--
(1) in subsection (a)(2), by inserting ``, territorial, or
Tribal'' after ``State'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, territorial, or Tribal''
after ``State''; and
(ii) by striking ``and/or'' and inserting
``or'';
(B) in paragraph (2)--
(i) by inserting ``, territory, Indian
tribe,'' after ``agency of the State''; and
(ii) by inserting ``, territory, Indian
tribe,'' after ``criminal laws of that State'';
and
(C) by adding at the end the following:
``(3) Indian tribe.--The term `Indian tribe' has the meaning
given the term in section 2704 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797d).''; and
(3) in subsection (c)--
(A) in paragraph (3), by striking ``Indian Tribes''
and inserting ``Indian tribes''; and
(B) in paragraph (4)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``State's''; and
(II) by striking ``and/or'' and
inserting ``or'';
(ii) in subparagraph (A), by striking
``State'';
(iii) in subparagraph (C), by inserting ``,
Indian tribes,'' after ``involved counties'';
and
(iv) in subparagraph (D), by inserting ``,
Tribal'' after ``Federal, State''.
Purpose and Summary
H.R. 545, the Native American Methamphetamine Enforcement
and Treatment Act of 2007, amends the Omnibus Crime Control and
Safe Streets Act of 1968 and the USA PATRIOT Improvement and
Reauthorization Act of 2005 to include and reaffirm territories
and Indian tribes as eligible grant recipients under programs
to address the manufacture, sale, and use of methamphetamine;
aid children in homes in which methamphetamine or other drugs
are unlawfully manufactured, distributed, dispensed, or used;
and address methamphetamine use by pregnant and parenting women
offenders.
Background and Need for Legislation
Methamphetamine is a powerful and addictive central nervous
system stimulant used to treat a limited number of medical
conditions, including narcolepsy, attention deficit disorder/
attention deficit/hyperactivity disorder (ADD/ADHD), and
obesity. Methamphetamine use can cause convulsions, stroke,
cardiac arrhythmia, and hyperthermia. Chronic use can lead to
irreversible brain and heart damage, psychotic behavior
including paranoid ideation, visual and auditory
hallucinations, and rages and violence.
According to the Substance Abuse and Mental Health Services
Administration (SAMHSA), illicit methamphetamine production and
use are longstanding and severe problems throughout the
country, and there are indications that abuse may be spreading.
The National Institute of Justice states that methamphetamine
use has spread to every State. An annual survey by SAMHSA, the
National Survey on Drug Use and Health (NSDUH), provides
national estimates of methamphetamine use in recent years.
According to the NSDUH, in 2005 almost 1.3 million persons aged
12 and older had used methamphetamine in the past year and
512,000 had used methamphetamine in the past month. The survey
also indicated that the number of past month methamphetamine
users who met the criteria for illicit drug dependence or abuse
increased from 164,000 users in 2002 to 257,000 in 2005.
Methamphetamine abuse is a significant burden on rural
communities and tribal communities. The Indian Health Service
(IHS) reports that over 30 percent of Alaska Native and
American Indian youth have experimented with methamphetamine,
and that 1.9 percent of Alaska Natives and American Indians
over the age of 12 are currently using it. According to the
Centers for Disease Control and Prevention (CDC), the rate of
use among Alaska natives and American Indians is almost three
times higher than the national rate for whites and four times
higher than the rate for Hispanics and Latinos.
Over the past 30 years, Congress has passed legislation
designed to address the problem of illicit methamphetamine
abuse and its production in clandestine labs, including
legislation to regulate methamphetamine precursor chemicals,
enhanced penalties for drug trafficking, and increased funding
for methamphetamine-specific law enforcement programs. Recent
congressional concern about the spreading use of
methamphetamine fueled much of the legislative debate during
the 109th Congress, culminating in the passage of the Combat
Methamphetamine Epidemic Act of 2005, enacted as Title VII of
the USA PATRIOT Improvement and Reauthorization Act of 2005.
The Combat Methamphetamine Epidemic Act of 2005 authorized
funding for three programs within the Department of Justice
that focus on addressing the issue of illicit methamphetamine.
Specifically, the programs are: (1) the COPS Hot Spots Program;
(2) the Drug-Endangered Children program; and (3) the Pregnant
and Parenting Women Offenders program.
Under current law, only States may apply for COPS Hot Spots
Program grants and Drug-Endangered Children program grants.
Both States and Indian tribes are eligible to receive grants
under the Pregnant and Parenting Women Offenders Grant program
that addresses methamphetamine use by pregnant and parenting
women offenders. H.R. 545 would make U.S. territories and
Indian tribes eligible to apply for the Hot Spots program and
the Drug-Endangered Children Grant program.
Hearings
The Committee on Energy and Commerce has not held hearings
on this legislation.
Committee Consideration
On Tuesday, March 13, 2007, the Subcommittee on Health met
in open markup session and forwarded H.R. 545 to the full
Committee, amended, by voice vote.
On Thursday, March 15, 2007, the Committee on Energy and
Commerce met in open markup session and ordered H.R. 545
favorably reported to the House, amended, by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 545 reported. A motion by Mr. Dingell to order H.R. 545
favorably reported to the House, amended, was agreed to by
voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has not held oversight
or legislative hearings on this legislation.
Statement of General Performance Goals and Objectives
The goals and objectives of H.R. 545 are to include and
reaffirm territories and Indian tribes as eligible grant
recipients under programs to address the manufacture, sale, and
use of methamphetamine; aid children in homes in which
methamphetamine or other drugs are unlawfully manufactured,
distributed, dispensed, or used; and address methamphetamine
use by pregnant and parenting women offenders.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
545 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Earmarks and Tax and Tariff Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 545 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
March 19, 2007.
Hon. John D. Dingell,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 545, the Native
American Methamphetamine Enforcement and Treatment Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 545--Native American Methamphetamine Enforcement and Treatment Act
of 2007
H.R. 545 would make U.S. territories and Indian tribes
eligible to apply for certain Department of Justice grants to
combat the abuse of methamphetamine. Under current law, only
states may apply for these grants. CBO estimates that
implementing the bill would result in no significant increase
in spending for these grant programs. Enacting H.R. 545 would
not affect direct spending or receipts.
H.R. 545 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
bill would make territories and tribal governments eligible to
receive grants through three existing federal programs to
combat methamphetamine use. Any costs to those governments
would be incurred voluntarily as conditions of receiving
federal assistance.
On February 15, 2007, CBO transmitted a cost estimate for
H.R. 545 as ordered reported by the House Committee on the
Judiciary on February 7, 2007. The two versions of the bill are
nearly identical, and the cost estimates are the same.
The CBO staff contact for this estimate is Mark Grabowicz.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
the provisions of Article I, section 8, clause 1 that relate to
expending funds to provide for the general welfare of the
United States.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 establishes the short title as the ``Native
American Methamphetamine Enforcement and Treatment Act of
2007.''
Section 2. Native American participation in methamphetamine grants
Section 2 amends section 2996 of the Omnibus Crime Control
and Safe Streets Act of 1968, and sections 755 and 756 of the
USA PATRIOT Improvement and Reauthorization Act of 2005, to
include or reaffirm territories and Indian tribes as eligible
grant recipients under programs to: (1) curtail the
manufacture, sale, and use of methamphetamine; (2) aid children
in homes in which methamphetamine or other drugs are unlawfully
manufactured, distributed, dispensed, or used; and (3) reduce
methamphetamine use by pregnant and parenting women.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 2996 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
SEC. 2996. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND
METHAMPHETAMINE MANUFACTURING, SALE, AND USE IN HOT
SPOTS.
(a) Purpose and Program Authority.--
(1) Purpose.--It is the purpose of this part to
assist States, territories, and Indian tribes (as
defined in section 2704)--
(A) * * *
(B) to improve the ability of State [and
local], territorial, Tribal, and local
government institutions of to carry out such
programs.
(2) Grant authorization.--The Attorney General,
through the Bureau of Justice Assistance in the Office
of Justice Programs may make grants to States,
territories, and Indian tribes to address the
manufacture, sale, and use of methamphetamine to
enhance public safety.
(3) Grant projects to address methamphetamine
manufacture sale and use.--Grants made under subsection
(a) may be used for programs, projects, and other
activities to--
(A) * * *
* * * * * * *
(C) support State, Tribal, and local health
department and environmental agency services
deployed to address methamphetamine; and
* * * * * * *
---------- -
USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005
* * * * * * *
TITLE VII--COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005
* * * * * * *
Subtitle E--Additional Programs and Activities
* * * * * * *
SEC. 755. GRANTS FOR PROGRAMS FOR DRUG-ENDANGERED CHILDREN.
(a) In General.--The Attorney General shall make grants to
States, territories, and Indian tribes (as defined in section
2704 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3797d) for the purpose of carrying out programs to
provide comprehensive services to aid children who are living
in a home in which methamphetamine or other controlled
substances are unlawfully manufactured, distributed, dispensed,
or used.
* * * * * * *
SEC. 756. AUTHORITY TO AWARD COMPETITIVE GRANTS TO ADDRESS
METHAMPHETAMINE USE BY PREGNANT AND PARENTING WOMEN
OFFENDERS.
(a) Purpose and Program Authority.--
(1) * * *
(2) Purposes and program authority.--Grants awarded
under this section shall be used to facilitate or
enhance and collaboration between the criminal justice,
child welfare, and State, territorial, or Tribal
substance abuse systems in order to carry out programs
to address the use of methamphetamine drugs by pregnant
and parenting women offenders.
(b) Definitions.--In this section, the following definitions
shall apply:
(1) Child welfare agency.--The term ``child welfare
agency'' means the State, territorial, or Tribal agency
responsible for child [and/or] or family services and
welfare.
(2) Criminal justice agency.--The term ``criminal
justice agency'' means an agency of the State,
territory, Indian tribe, or local government or its
contracted agency that is responsible for detection,
arrest, enforcement, prosecution, defense,
adjudication, incarceration, probation, or parole
relating to the violation of the criminal laws of that
State, territory, Indian tribe, or local government.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 2704 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797d)).
(c) Applications.--
(1) * * *
* * * * * * *
(3) Eligible entities.--The Attorney General shall
make grants to States, territories, and [Indian Tribes]
Indian tribes. Applicants must demonstrate extensive
collaboration with the State criminal justice agency
and child welfare agency in the planning and
implementation of the program.
(4) Contents.--In accordance with the regulations or
guidelines established by the Attorney General in
consultation with the Secretary of Health and Human
Services, each application for a grant under this
section shall contain a plan to expand the [State's]
services for pregnant and parenting women offenders who
are pregnant women [and/or] or women with dependent
children for the use of methamphetamine or
methamphetamine and other drugs and include the
following in the plan:
(A) A description of how the applicant will
work jointly with the [State] criminal justice
and child welfare agencies needs associated
with the use of methamphetamine or
methamphetamine and other drugs by pregnant and
parenting women offenders to promote family
stability and permanence.
* * * * * * *
(C) A certification that the State has
involved counties, Indian tribes, and other
units of local government, when appropriate, in
the development, expansion, modification,
operation or improvement of proposed programs
to address the use, manufacture, or sale of
methamphetamine.
(D) A certification that funds received under
this section will be used to supplement, not
supplant, other Federal, State, Tribal, and
local funds.
* * * * * * *