1.This Act may be cited as the
Arrest Methamphetamine Act of
2005
.
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 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.
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:
HH
Confronting 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.
2992.
(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 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)For the purposes of section 2995, there are authorized
to be appropriated such sums as are necessary.
.
4.Statement of
Congress regarding availability and illegal importation of pseudoephedrine from
Canada
(a)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 CanadaCongress 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.