1.
This Act may be cited as the
Combating Methamphetamine Act of
2004
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2.Congress finds the following:
(1)Methamphetamine
(meth) is an extremely dangerous and highly addictive drug.
(2)Methamphetamine
use contributes to the perpetration of violent crimes, particularly burglary,
child abuse, and crimes of substantial cost and personal pain to the victims,
including identity theft.
(3)Methamphetamine
labs produce hazardous conditions because of their use of chemicals such as
anhydrous ammonia, ether, sulfuric acid, and other toxins which are volatile,
corrosive and poisonous. When these substances are illegally disposed of in
rivers, streams, and other dump areas, explosions and serious environmental
damage can and does result.
(4)Since 2001,
Federal funding was provided through the Department of Justice COPS and Byrne
Grant programs to address methamphetamine enforcement and clean up. Since 2002,
although the methamphetamine problem has been growing and spreading across the
United States affecting more States each year, funding has been cut each
successive year, from $70,500,000 in 2002, to only $54,000,000 in 2004.
(5)As
methamphetamine has impacted more States each year, the dwindling Federal funds
have been parsed into smaller amounts. Each State deserves greater Federal
support and a permanent funding mechanism to combat the challenging problem of
methamphetamine abuse.
(6)Permanent Federal funding support for meth
enforcement and clean-up is critical to the efforts of State and local law
enforcement to reduce the use, manufacture, and sale of methamphetamine, and
thus, reduce the crime rate.
(7)It is necessary
for the Federal Government to establish a long-term commitment to combating
methamphetamine use, sale, and manufacture by creating a permanent funding
mechanism to assist States.
3.Combating the
use of methamphetamine
Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended by adding at the end the following:
HHCombating use of
methamphetamine
2991.Authority to
make grants to address public safety and methamphetamine manufacturing, sale,
and use
(a)Purpose and
program authority
(1)It
is the purpose of this part to assist States—
(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 government institutions of to carry out such
programs.
(2)The Attorney General, through the Bureau of Justice
Assistance in the Office of Justice Programs may make grants to States 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)arrest
individuals violating laws related to the use, manufacture, or sale of
methamphetamine;
(B)undertake
methamphetamine clandestine lab seizures and environmental clean up;
(C)provide for
community-based education, awareness, and prevention;
(D)provide child
support and family services related to assist users of methamphetamine and
their families;
(E)facilitate
intervention in methamphetamine use;
(F)facilitate
treatment for methamphetamine addiction;
(G)provide Drug
Court and Family Drug Court services to address methamphetamine;
(H)provide community
policing to address the problem of methamphetamine use;
(I)support State and
local health department and environmental agency services deployed to address
methamphetamine;
(J)prosecute
violations of laws related to the use, manufacture, or sale of methamphetamine;
and
(K)procure
equipment, technology, or support systems, or pay for resources, if the
applicant for such a grant demonstrates to the satisfaction of the Attorney
General that expenditures for such purposes would result in the reduction in
the use, sale, and manufacture of methamphetamine.
(b)To
be eligible to receive a grant under this part, a State shall submit to the
Attorney General assurances that the State has implemented, or will implement
prior to receipt of a grant under this section laws, policies, and programs
that restrict the wholesale and limit sale of products used as precursors in
the manufacture of methamphetamine.
(a)No grant may be made under this part unless an
application has been submitted to, and approved by, the Attorney
General.
(b)An
application for a grant under this part shall be submitted in such form, and
contain such information, as the Attorney General may prescribe by regulation
or guidelines.
(c)In
accordance with the regulations or guidelines established by the Attorney
General, each application for a grant under this part shall—
(1)include a
long-term statewide strategy that—
(A)reflects
consultation with appropriate public and private agencies, tribal governments,
and community groups;
(B)represents an
integrated approach to addressing the use, manufacture, and sale of
methamphetamine that includes—
(i)arrest and
clandestine lab seizure;
(ii)training for law
enforcement, fire and other relevant emergency services, health care providers,
and child and family service providers;
(iii)intervention;
(iv)child and family
services;
(v)treatment;
(vi)drug
court;
(vii)family drug
court;
(viii)health
department support;
(ix)environmental
agency support;
(x)prosecution;
and
(xi)evaluation of
the effectiveness of the program and description of the efficacy of components
of the program for the purpose of establishing best practices that can be
widely replicated by other States; and
(C)where
appropriate, incorporate Indian Tribal participation to the extent that an
Indian Tribe is impacted by the use, manufacture, or sale of
methamphetamine;
(2)identify related
governmental and community initiatives which complement or will be coordinated
with the proposal;
(3)certify that
there has been appropriate coordination with all affected State and local
government institutions and that the State has involved counties and other
units of local government, when appropriate, in the development, expansion,
modification, operation or improvement of programs to address the use,
manufacture, or sale of methamphetamine;
(4)certify that the
State will share funds received under this part with counties and other units
of local government, taking into account the burden placed on these units of
government when they are required to address the use, manufacture, or sale of
methamphetamine;
(5)assess the
impact, if any, of the increase in police resources on other components of the
criminal justice system;
(6)explain how the
grant will be utilized to enhance government response to the use, manufacture,
and sale of methamphetamine;
(7)demonstrate a
specific public safety need;
(8)explain the
applicant’s inability to address the need without Federal assistance;
(9)specify plans for
obtaining necessary support and continuing the proposed program, project, or
activity following the conclusion of Federal support; and
(10)certify that
funds received under this part will be used to supplement, not supplant, other
Federal, State, and local funds.
2993.
(a)The Attorney General through the Bureau of Justice
Assistance in the Office of Justice Programs, may make grants under this
section to States, Indian tribal governments, and multi-jurisdictional or
regional consortia thereof to develop a comprehensive, cooperative strategy to
address the manufacture, sale, and use of methamphetamine to enhance public
safety.
(b)The
Attorney General is authorized to provide grants under this section not
exceeding $100,000 per eligible entity for such entity to—
(1)define the
problem of the use, manufacture, or sale of methamphetamine within the
jurisdiction of the entity;
(2)describe the
public and private organization to be involved in addressing methamphetamine
use, manufacture, or sale; and
(3)describe the
manner in which these organizations will participate in a comprehensive,
cooperative, and integrated plan to address the use, manufacture, or sale of
methamphetamine.
2994.Of the total amount
appropriated for this part in any fiscal year, the amount remaining after
setting aside the amount to be reserved to carry out section 2993 shall be
allocated to States as follows:
(1)
0.25 percent or $250,000, whichever is greater, shall be
allocated to each of the States.
(2)Of the total funds
remaining after the allocation under paragraph (1), there shall be allocated to
each State an amount which bears the same ratio to the amount of remaining
funds described in this paragraph as the population of such State bears to the
population of all the States.
2995.
The Attorney General is
authorized—
(1)to collect
systematic data on the effectiveness of the programs assisted under this part
in reducing the use, manufacture, and sale of methamphetamine;
(2)to establish a
national clearinghouse of information on effective programs to address the use,
manufacture, and sale of methamphetamine that shall disseminate to State and
local agencies describing—
(A)the results of
research on efforts to reduce the use, manufacture, and sale of
methamphetamine; and
(B)information on
effective programs, best practices and Federal resources to—
(i)reduce the use,
manufacture, and sale of methamphetamine; and
(ii)address the
physical, social, and family problems that result from the use of
methamphetamine through the activities of intervention, treatment, drug courts,
and family drug courts;
(3)to establish a
program within the Department of Justice to facilitate the sharing of knowledge
in best practices among States addressing the use, manufacture and sale of
methamphetamine through State-to-State mentoring, or other means; and
(4)to provide
technical assistance to State agencies and local agencies implementing programs
and securing resources to implement effective programs to reduce the use,
manufacture, and sale of methamphetamine.
2996.
(a)
Grants for the purpose of combating the use of
methamphetamineThere are authorized to be appropriated to carry
out this part—
(1)$100,000,000 for
each fiscal year 2005 and 2006; and
(2)$200,000,000 for
each fiscal year 2007, 2008, and 2009.
(b)For the purposes of section 2995, there are authorized
to be appropriated such sums as are necessary.
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