[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 103 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 103

    To respond to the illegal production, distribution, and use of 
     methamphetamine in the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

   Mr. Talent (for himself, Mrs. Feinstein, Mr. Bayh, Mr. Nelson of 
 Nebraska, Mr. Dayton, Mr. Wyden, Mr. Salazar, Mr. Hagel, Mr. Harkin, 
  Mr. Smith, Mr. Coleman, and Mr. Grassley) 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 
     methamphetamine 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 2005''.

                          TITLE I--ENFORCEMENT

SEC. 101. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.

    (a) In General.--In addition to any other funds authorized to be 
appropriated for fiscal year 2006 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.), commonly known as the COPS program, there are 
authorized to be appropriated $15,000,000 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 under subsection 
(a), $3,000,000 shall be available only for prosecutors and law 
enforcement agents for rural communities.

SEC. 102. 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. 103. SPECIAL UNITED STATES ATTORNEYS' PROGRAM.

    (a) In General.--The Attorney General shall allocate any amounts 
appropriated pursuant to the authorization under subsection (c) 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 each of the fiscal years 2006 and 2007 to 
carry out the provisions of this section.

SEC. 104. PSEUDOEPHEDRINE AMENDMENTS TO CONTROLLED SUBSTANCES ACT.

    (a) Addition of Pseudoephedrine to Schedule V.--Section 202 of the 
Controlled Substances Act (21 U.S.C. 812) is amended by adding at the 
end the following:
            ``(6) Any detectable quantity of pseudoephedrine, its salts 
        or optical isomers, or salts of optical isomers.''.
    (b) Prescriptions.--Section 309(c) of the Controlled Substances Act 
(21 U.S.C. 829(c)) is amended--
            (1) by inserting ``(1)'' before ``No controlled 
        substance''; and
            (2) by adding at the end the following:
    ``(2) If the substance described in paragraph (6) of Schedule V of 
section 202 is dispensed, sold, or distributed in a pharmacy--
            ``(A) the substance shall be dispensed, sold, or 
        distributed only by a licensed pharmacist or a licensed 
        pharmacy technician; and
            ``(B) any person purchasing, receiving, or otherwise 
        acquiring any such substance shall--
                    ``(i) produce a photo identification showing the 
                date of birth of such person; and
                    ``(ii) sign a written log or receipt showing--
                            ``(I) the date of the transaction;
                            ``(II) the name of the person; and
                            ``(III) the name and the amount of the 
                        substance purchased, received, or otherwise 
                        acquired.
    ``(3)(A) No person shall purchase, receive, or otherwise acquire 
more than 9 grams of the substance described in paragraph (6) of 
Schedule V of section 202 within any 30-day period.
    ``(B) The limit described in subparagraph (A) shall not apply to 
any quantity of such substance dispensed under a valid prescription.
    ``(4)(A) The Director of the Federal Drug Administration, by rule, 
may exempt a product from Schedule V of section 202 if the Director 
determines that the produce is not used in the illegal manufacture of 
methamphetamine or other controlled dangerous substance.
    ``(B) The Director of the Federal Drug Administration, upon the 
application of a manufacturer of a drug product, may exempt the product 
from Schedule V of section 202 if the Director determines that the 
product has been formulated in such a way as to effectively prevent the 
conversion of the active ingredient into methamphetamine.
    ``(C) The Director of the Federal Drug Administration, by rule, may 
authorize the sale of the substance described in paragraph (6) of 
Schedule V of section 202 by persons other than licensed pharmacists or 
licensed pharmacy technicians if--
            ``(i) the Director finds evidence that the absence of a 
        pharmacy creates a hardship for a community; and
            ``(ii) the authorized personnel follow the procedure set 
        forth in this Act.''.

             TITLE II--EDUCATION, PREVENTION, AND TREATMENT

SEC. 201. 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 $2,500,000 for each of the 
        fiscal years 2006 and 2007 to carry out the provisions of 
        subsection (b)(9).''.

SEC. 202. 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;
            (2) in section 514B, as redesignated--
                    (A) by amending subsection (a)(1) to read as 
                follows:
            ``(1) Grants authorized.--The Secretary may award grants to 
        States, political subdivisions of States, American Indian 
        Tribes, and private, nonprofit entities to provide treatment 
        for methamphetamine abuse.'';
                    (B) by amending subsection (b) to read as follows:
    ``(b) Priority for Rural Areas.--In awarding grants under 
subsection (a), the Secretary shall give priority to entities that will 
serve rural areas experiencing an increase in methamphetamine abuse.''; 
and
                    (C) in subsection (d)(1), by striking ``2000'' and 
                all that follows and inserting ``2005 and such sums as 
                may be necessary for each of fiscal years 2006 through 
                2009''; and
            (3) by inserting after section 514B, as redesignated, the 
        following:

``SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, AND TECHNICAL 
              ASSISTANCE CENTER.

    ``(a) Program Authorized.--The Secretary, acting through the 
Administrator, and in consultation with the Director of the National 
Institutes of Health, shall award grants to, or enter into contracts 
with, public or private, nonprofit entities to establish a research, 
training, and technical assistance center to carry out the activities 
described in subsection (d).
    ``(b) Application.--A public or private, nonprofit entity seeking a 
grant or contract under subsection (a) shall submit an application to 
the Secretary at such time, in such manner, and containing such 
information as the Secretary may require.
    ``(c) Condition.--In awarding grants or entering into contracts 
under subsection (a), the Secretary shall ensure that not less than 1 
of the centers will focus on methamphetamine abuse in rural areas.
    ``(d) Authorized Activities.--Each center established under this 
section shall--
            ``(1) engage in research and evaluation of the 
        effectiveness of treatment modalities for the treatment of 
        methamphetamine abuse;
            ``(2) disseminate information to public and private 
        entities on effective treatments for methamphetamine abuse;
            ``(3) provide direct technical assistance to States, 
        political subdivisions of States, and private entities on how 
        to improve the treatment of methamphetamine abuse; and
            ``(4) provide training on the effects of methamphetamine 
        use and on effective ways of treating methamphetamine abuse to 
        substance abuse treatment professionals and community leaders.
    ``(e) Reports.--Each grantee or contractor under this section shall 
annually submit a report to the Administrator that contains--
            ``(1) a description of the previous year's activities of 
        the center established under this section;
            ``(2) effective treatment modalities undertaken by the 
        center; and
            ``(3) evidence to demonstrate that such treatment 
        modalities were successful.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for fiscal year 2006 
and such sums as may be necessary for each of fiscal years 2007 and 
2008.''.

SEC. 203. 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 seeking 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 $5,000,000 for each of the fiscal years 2006 and 2007 to 
carry out the provisions of this section.
                                 <all>