[DOCID: f:hr035p1.110]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress Rept. 110-35
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
NATIVE AMERICAN METHAMPHETAMINE ENFORCEMENT AND TREATMENT ACT OF 2007
_______
March 8, 2007.--Ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 545]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, 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, reports
favorably thereon without amendment and recommends that the
bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 2
Committee Consideration.......................................... 3
Vote of the Committee............................................ 3
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Constitutional Authority Statement............................... 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Additional Views................................................. 9
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 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.
Background and Need for the Legislation
Last year, Congress enacted the Combat Methamphetamine
Epidemic Act of 2005 as Title VII of the USA PATRIOT
Improvement and Reauthorization Act of 2005. Included in the
Combat Methamphetamine Epidemic Act were provisions that
authorized funding for three important grant programs within
the Department of Justice: (1) The COPS Hot Spots Program; (2)
the Drug-Endangered Children program; and (3) the Pregnant and
Parenting Women Offenders program. Although Indian tribes and
territories were included as eligible grant recipients under
the Pregnant and Parenting Women Offenders program, they were
inadvertently left out as possible grant recipients under the
COPS Hot Spots Program and the Drug- Endangered Children
Program. H.R. 545 allows Indian tribes and territories to apply
for and receive funding under all three grant programs.
In 2005, the Drug Enforcement Administration and State and
local law enforcement officials reported 12,484 seizures of
illegal methamphetamine laboratories and related chemicals,
equipment, and hazardous waste refuse in 48 states. The DEA
seized over 2,148 kilograms of methamphetamine, which
represents almost a 30% increase from the amount seized in
2004. The threat is even greater in Native American
communities, where surveys of past-year methamphetamine use
have shown that Native American communities have more than
double the methamphetamine use rate of other ethnicities.
Additionally, over 70% of Indian tribes surveyed by the Bureau
of Indian Affairs identified methamphetamine as the drug that
posed the greatest threat to their reservation and also
estimated that at least 40% of violent crime cases investigated
in Indian Country involve methamphetamine in some capacity.
H.R. 545 will ensure that territories and, consistent with
tribal sovereignty, Indian tribes can apply for the COPS Hot
Spots and Drug-Endangered Children grant programs, just as
States can, and will also ensure adequate coordination with
tribal service providers for tribes receiving funds under the
Pregnant and Parenting Women Offenders Program.
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held 1 day of hearings on H.R. 545 on
February 6, 2007. Testimony was received from two witnesses:
Congressman Tom Udall of New Mexico, and Ben Shelly, Vice
President of the Navajo Nation.
Committee Consideration
On February 6, 2007, the Subcommittee on Crime, Terrorism,
and Homeland Security met in open session and ordered H.R. 545
favorably reported by a voice vote, a quorum being present. On
February 7, 2007, the Committee met in open session and ordered
H.R. 545 favorably reported without amendment, by a voice vote,
a quorum being present.
Vote of the Commitee
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following rollcall votes occurred during the Committee's
consideration of H.R. 545:
An amendment offered by Mr. Jordan to prohibit the use of
funds made available under this section for performing any
abortion, except where the life of the mother would be
endangered if the fetus were carried to term, was defeated by a
rollcall vote of 20 to 15.
ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren..................................................... X
Ms. Jackson Lee................................................. X
Ms. Waters...................................................... X
Mr. Meehan...................................................... X
Mr. Delahunt.................................................... X
Mr. Wexler...................................................... X
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Mr. Gutierrez................................................... X
Mr. Sherman.....................................................
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Mr. Davis....................................................... X
Ms. Wasserman Schultz........................................... X
Mr. Ellison..................................................... X
Mr. Smith (Texas)............................................... X
Mr. Sensenbrenner, Jr........................................... X
Mr. Coble....................................................... X
Mr. Gallegly.................................................... X
Mr. Goodlatte................................................... X
Mr. Chabot......................................................
Mr. Lungren..................................................... X
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................ X
Mr. Pence.......................................................
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Feeney...................................................... X
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan...................................................... X
-----------------------------------------------
Total....................................................... 15 20
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 545, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 15, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
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, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
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 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.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Peter H. Fontaine, Deputy Assistant Director for Budget
Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
545 will amend the Omnibus Crime Control and Safe Streets Act
of 1968 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.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 3 of the
Constitution.
Advisory on Earmarks
In accordance 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.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short Title. This section sets forth the short
title of the bill as the ``Native American Methamphetamine
Enforcement and Treatment Act of 2007.''
Sec. 2. Native American Participation in Methamphetamine
Grants. This section amends the Omnibus Crime Control and Safe
Streets Act of 1968 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 italics, existing law in which no change
is proposed is shown in roman):
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
PART II--CONFRONTING USE OF METHAMPHETAMINE
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) to carry out programs to address the
manufacture, sale, and use of methamphetamine
drugs; and
(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]
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] services of the State, territory, or Indian
tribe 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.
* * * * * * *
Additional Views
We support H.R. 545, the ``Native American Methamphetamine
Enforcement and Treatment Act of 2007.'' The Act provides
urgently-needed grant funds to Native American communities for
the enforcement and treatment of methamphetamine addiction.
At the February 6, 2007, hearing before the Subcommittee on
Crime, Terrorism, and Homeland Security, Mr. Ben Shelly, Vice
President of the Navajo Nation, stated that methamphetamine is
the drug of choice in Indian Country. Seventy-four percent of
Native Americans surveyed in a recent study say that
methamphetamine is the single biggest threat to Native American
communities today.
The Combat Methamphetamine Epidemic Act of 2005, which was
passed as part of the USA PATRIOT Act Improvement and
Reauthorization Act last year, included several critical grant
programs to assist states with the escalating methamphetamine
problem in this country, and inadvertently failed to include
Native American communities as eligible entities for these
important grant programs.
The Native American Methamphetamine Enforcement and
Treatment Act corrects this oversight and gives Native American
communities full access to methamphetamine-related grants. This
legislation is critical in our continuing fight to eliminate
the methamphetamine epidemic in the U.S.
While we support the bill, we are disappointed that an
amendment offered by Mr. Jordan of Ohio was not accepted by the
Committee. Mr. Jordan of Ohio offered an amendment to add
language identical to that of the Hyde Amendment to provide
that ``[f]unds made available under this section to any Indian
tribe shall not be used to perform any abortion except where
the life of the mother would be endangered if the fetus were
carried to term.'' One of the grant programs addressed in the
underlying bill and modified by Mr. Jordan's amendment provides
federal funding for the health care needs of pregnant women.
Clearly, Congress has a legitimate concern that such federal
grant monies not be used to fund abortions.
The Jordan amendment is constitutional and sound public
policy, and should have been adopted by the Committee. Even the
most liberal of federal courts--the Ninth Circuit Court of
Appeals--recently upheld as constitutional a federal statutory
and regulatory program barring military health care programs
from providing federal funds for abortions except where the
life of the mother would be endangered if the fetus were
carried to term. In Doe v. United States,\1\ the court held
that such a statute was rationally related to the legitimate
congressional interest in protecting potential life. The Ninth
Circuit applied the clear holding of the Supreme Court in
Harris v. McRae,\2\ which upheld the Hyde Amendment, a
restriction appended to Title XIX of the Social Security Act
that prohibited the use of federal funds to reimburse the cost
of abortions under the Medicaid program except under certain
circumstances. As the Ninth Circuit explained in Doe, ``[b]y
subsidizing the medical expenses of indigent women who carry
their pregnancies to term while not subsidizing the comparable
expenses of women who undergo abortions (except those whose
lives are threatened), Congress has established incentives that
make childbirth a more attractive alternative than abortion for
persons eligible for Medicaid. These incentives bear a direct
relationship to the legitimate congressional interest in
protecting potential life.'' \3\
---------------------------------------------------------------------------
\1\ 419 F.3d 1058 (9th Cir. 2005).
\2\ 448 U.S. 297 (1980).
\3\ Doe, 419 F.3d at 1063.
Lamar Smith.
F. James Sensenbrenner, Jr.
Howard Coble.
Bob Goodlatte.
Daniel E. Lungren.
Chris Cannon.
Ric Keller.
Mike Pence.
Steve King.
Tom Feeney.
Trent Franks.
Jim Jordan.
<all>