[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 430 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 430

         To arrest methamphetamine abuse in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2005

 Ms. Cantwell introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
         To arrest methamphetamine abuse in the United States.

    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 ``Arrest Methamphetamine Act of 
2005''.

SEC. 2. FINDINGS.

    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 has been 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, COPS funding has been cut 
        each successive year, from $70,500,000 in 2002, to under 
        $52,000,000 in 2005.
            (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 confront 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 confronting methamphetamine use, 
        sale, and manufacture by creating a permanent funding mechanism 
        to assist States.

SEC. 3. CONFRONTING 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:

             ``PART HH--CONFRONTING USE OF METHAMPHETAMINE

``SEC. 2991. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND 
              METHAMPHETAMINE MANUFACTURING, SALE, AND USE.

    ``(a) Purpose and Program Authority.--
            ``(1) Purpose.--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) Grant authorization.--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) Eligibility.--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.

``SEC. 2992. APPLICATIONS.

    ``(a) In General.--No grant may be made under this part unless an 
application has been submitted to, and approved by, the Attorney 
General.
    ``(b) Application.--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) Contents.--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.

``SEC. 2993. PLANNING GRANTS.

    ``(a) Eligible Entity.--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) Authorization.--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.

``SEC. 2994. ENFORCEMENT GRANTS.

    ``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.

``SEC. 2995. NATIONAL ACTIVITIES.

    ``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.

``SEC. 2996. FUNDING.

    ``(a) Grants for the Purpose of Confronting the Use of 
Methamphetamine.--There are authorized to be appropriated to carry out 
this part--
            ``(1) $100,000,000 for each fiscal year 2006 and 2007; and
            ``(2) $200,000,000 for each fiscal year 2008, 2009, and 
        2010.
    ``(b) National Activities.--For the purposes of section 2995, there 
are authorized to be appropriated such sums as are necessary.''.

SEC. 4. STATEMENT OF CONGRESS REGARDING AVAILABILITY AND ILLEGAL 
              IMPORTATION OF PSEUDOEPHEDRINE FROM CANADA.

    (a) Findings.--Congress finds that--
            (1) pseudoephedrine is a particularly abused basic 
        precursor chemical used in the manufacture of the dangerous 
        narcotic methamphetamine;
            (2) the Federal Government, working in cooperation with 
        narcotics agents of State and local governments and the private 
        sector, has tightened the control of pseudoephedrine in the 
        United States in recent years;
            (3) in many States, pseudoephedrine can only be purchased 
        in small quantity bottles or blister packs, and laws throughout 
        various States are gradually becoming tougher, reflecting the 
        increasing severity of America's methamphetamine problem; 
        however, the widespread presence of large containers of 
        pseudoephedrine from Canada at methamphetamine laboratories and 
        dumpsites in the United States, despite efforts of law 
        enforcement agencies to stem the flow of these containers into 
        the United States, demonstrates the strength of the demand for, 
        and the inherent difficulties in stemming the flow of, these 
        containers from neighboring Canada; and
            (4) Canada lacks a comprehensive legislative framework for 
        addressing the pseudoephedrine trafficking problem.
    (b) Call for Action by Canada.--Congress strongly urges the 
President to seek commitments from the Government of Canada to begin 
immediately to take effective measures to stem the widespread and 
increasing availability in Canada and the illegal importation into the 
United States of pseudoephedrine.
                                 <all>