[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2869 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                 S. 2869

    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

                           September 30, 2004

  Mr. Talent 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.

    This Act may be cited as the ``Combat Meth Act of 2004''.

 TITLE I--GRANT PROGRAM FOR COMBATING METHAMPHETAMINE REPEAT OFFENDERS

SEC. 101. GRANT PROGRAM FOR COMBATING METHAMPHETAMINE REPEAT OFFENDERS.

    (a) Grant Program.--The Attorney General shall carry out a program 
to provide grants to qualified States for combating the problem of 
methamphetamine abuse with a specific focus on the prosecution of 
repeat offenders.
    (b) Qualified State.--For purposes of this section, the term 
``qualified State'' means a State that--
            (1) as reported by the National Clandestine Laboratory 
        Database, had more than 200 methamphetamine lab seizures in 
        2003; and
            (2) has a law that provides that possession or distribution 
        of 5 grams or more of methamphetamine, its salts, isomers, or 
        salts of its isomers, or 50 grams or more of a mixture or 
        substance containing a detectable amount of methamphetamine, 
        its salts, isomers, or salts of its isomers, qualifies for a 
        mandatory minimum sentence, without the possibility of 
        probation or parole, of 5 to 40 years for a first offense, 10 
        years to life for a second offense, and life for a third 
        offense.
    (c) Distribution of Grant Amounts.--The Attorney General shall 
distribute grants authorized under subsection (a) to 2 States.
    (d) Administration.--The Attorney General shall prescribe 
requirements, including application requirements, for grants under the 
program under subsection (a).
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        $10,000,000 for fiscal years 2005 and 2006 to carry out this 
        section.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations in paragraph (1) shall remain 
        available until expended.

                         TITLE II--ENFORCEMENT

SEC. 201. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.

    (a) In General.--In addition to any other funds authorized to be 
appropriated for fiscal year 2005 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 the investigation 
and 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, and 
shall remain available until expended.

SEC. 202. AUTHORIZATION OF APPROPRIATIONS RELATING TO THE CLANDESTINE 
              LABORATORY TRAINING.

    In addition to any other funds authorized to be appropriated for 
fiscal year 2005 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. 203. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE 
              PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND 
              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 (11) by striking ``and'' at the end;
            (2) in paragraph (12) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(13) hire personnel and purchase equipment to assist in 
        the enforcement and prosecution of methamphetamine offenses and 
        the cleanup of methamphetamine-affected areas.''.

SEC. 204. SPECIAL UNITED STATES ATTORNEY'S PROGRAM.

    (a) In General.--The Attorney General shall allocate any amounts 
appropriated pursuant to the authorization under subsection (a) for the 
hiring and training of special assistant United States attorneys.
    (b) Use of Funds.--The funds allocated under subsection (a) shall 
be used to--
            (1) train local prosecutors in techniques used to prosecute 
        methamphetamine cases, including the presentation of evidence 
        related to the manufacture of methamphetamine;
            (2) train local prosecutors in Federal and State laws 
        involving methamphetamine manufacture or distribution;
            (3) cross-designate local prosecutors as special assistant 
        United States attorneys; and
            (4) hire additional local prosecutors who--
                    (A) with the approval of the United States 
                attorney, shall be cross-designated to prosecute both 
                Federal and State methamphetamine cases;
                    (B) shall be assigned a caseload, whether in State 
                court or Federal court, that gives the highest priority 
                to cases in which--
                            (i) charges related to methamphetamine 
                        manufacture or distribution are submitted by 
                        law enforcement for consideration; and
                            (ii) the defendant has been previously 
                        convicted of a crime related to methamphetamine 
                        manufacture or distribution.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for fiscal years 2005 and 2006 to carry out the 
provisions of this section.

            TITLE III--EDUCATION, PREVENTION, AND TREATMENT

SEC. 301. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE ABUSERS.

    Section 519 of the Public Health Service Act (42 U.S.C. 290bb-25) 
is amended--
            (1) in subsection (b), by inserting after paragraph (8) the 
        following:
            ``(9) Development of drug endangered children rapid 
        response teams that will intervene on behalf of children 
        exposed to methamphetamine as a result of residing or being 
        present in a home-based clandestine drug laboratory.''; and
            (2) in subsection (o)--
                    (A) by striking ``For the purpose'' and inserting 
                the following:
            ``(1) In general.--For the purpose''; and
                    (B) by adding at the end the following:
            ``(2) Drug endangered children rapid response teams.--There 
        are authorized to be appropriated $1,000,000 for fiscal years 
        2005 and 2006 to carry out the provisions of subsection 
        (b)(9).''.

SEC. 302. 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:

   ``local grants for treatment of methamphetamine abuse and related 
                              conditions.

    ``Sec. 514C. The Secretary may make grants to political 
subdivisions of States and to nonprofit private entities for the 
purpose of providing treatment for methamphetamine abuse.''.

SEC. 303. METHAMPHETAMINE PRECURSOR MONITORING GRANTS.

    (a) Grants Authorized.--The Attorney General, acting through the 
Bureau of Justice Assistance, may award grants to States to establish 
methamphetamine precursor monitoring programs.
    (b) Purpose.--The purpose of the grant program established under 
this section is to--
            (1) prevent the sale of methamphetamine precursors, such as 
        pseudoephedrine, to individuals in quantities so large that the 
        only reasonable purpose of the purchase would be to manufacture 
        methamphetamine;
            (2) educate businesses that legally sell methamphetamine 
        precursors of the need to balance the legitimate need for 
        lawful access to medication with the risk that those substances 
        may be used to manufacture methamphetamine; and
            (3) recalibrate existing prescription drug monitoring 
        programs designed to track the sale of controlled substances to 
        also track the sale of pseudoephedrine in any amount greater 
        than 6 grams.
    (c) Use of Grant Funds.--Grant funds awarded to States under this 
section may be used to--
            (1) implement a methamphetamine precursor monitoring 
        program, including hiring personnel and purchasing computer 
        hardware and software designed to monitor methamphetamine 
        precursor purchases;
            (2) expand existing methamphetamine precursor or 
        prescription drug monitoring programs to accomplish the 
        purposes described in subsection (b);
            (3) pay for training and technical assistance for law 
        enforcement personnel and employees of businesses that lawfully 
        sell substances, which may be used as methamphetamine 
        precursors;
            (4) improve information sharing between adjacent States 
        through enhanced connectivity; or
            (5) make grants to subdivisions of the State to implement 
        methamphetamine precursor monitoring programs.
    (d) Application.--Any State desiring a grant under this section 
shall submit an application to the Attorney General at such time, in 
such manner, and containing such information as the Attorney General 
may require.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000 for the fiscal years 2005 and 2006, to be used 
to carry out the provisions of this section.
                                 <all>