[Congressional Record Volume 151, Number 18 (Thursday, February 17, 2005)]
[Senate]
[Pages S1649-S1651]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. CANTWELL:
  S. 430. A bill to arrest methamphetamine abuse in the United States; 
to the Committee on the Judiciary.
  Ms. CANTWELL. Mr. President, today I am introducing legislation to 
ensure that law enforcement has the resources it needs to address and 
eventually solve the methamphetamine crisis in this country. My bill is 
entitled the Arrest Methamphetamine Act of 2005. It would create a new 
formula-based grant program for States that have enacted sophisticated 
laws governing the sale of the precursor products used to make meth. My 
legislation is designed to help communities cope with the myriad 
problems being caused by meth, and ultimately to stop the growing meth 
epidemic in its tracks.
  Never before has creating a separate program to finance the battle 
against meth been so critical. I am dismayed to see that the 
President's fiscal year 2006 budget request mortally wounds the COPS 
program and that his budget finishes off the already slashed and 
reconstituted Byrne grants program. These two mechanisms have provided 
anti-meth funds for years now, and each year, the administration's 
efforts to undermine the COPS program and the Byrne grants program 
further jeopardize law enforcement efforts against meth and the many 
other important law enforcement-related initiatives that these two 
programs have carried out for so many years. While I plan to work hard 
with my colleagues to restore funding to the COPS and Byrne programs 
generally, I do not see that our efforts to save these programs every 
year from the administration's chopping block is the best way to ensure 
that necessary financial resources are there for all aspects of the 
meth fight.
  While the administration was busy slashing the $499 million COPS 
program all the way down to $22 million, the meth problems that the 
COPS program addresses only got worse. Meth abuse, as an epidemic, 
started in the West and the Midwest, but has more recently begun to 
move east. Meth use and production is exploding in North Carolina. 
Georgia law enforcement officials recently had one of the largest meth 
busts on record, and Missouri, Iowa and Minnesota have been inundated 
by severe meth problems. In 2003, methamphetamine was identified as the 
greatest drug threat by 90.9 percent of local law enforcement agencies 
in the Pacific region. By comparison, only 5.3 percent of agencies 
reporting identified cocaine as their biggest threat, followed by 
marijuana at 2.1 percent and heroin at less than 1 percent.
  This epidemic of meth has permeated the most urban and most rural 
communities. Meth labs range in sophistication from being run by multi-
national organized crime rings to back alley cook shops, and they exist 
in crudely converted farm houses and in illicit high-financed 
facilities run by Mexican drug rings. Meth victims are of all ages, and 
there is heart-wrenching data and anecdotes on meth addiction of 
mothers, and the impact of adult meth addiction on their very young 
children.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

[[Page S1650]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 430

       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--

[[Page S1651]]

       ``(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.
                                 ______