S. 2869 (108th): Combat Meth Act of 2004

108th Congress, 2003–2004. Text as of Sep 30, 2004 (Introduced).

Status & Summary | PDF | Source: GPO

II

108th CONGRESS

2d Session

S. 2869

IN THE SENATE OF THE UNITED STATES

September 30, 2004

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 methamphetamines in the United States, and for other purposes.

1.

Short title

This Act may be cited as the Combat Meth Act of 2004.

I

Grant program for combating methamphetamine repeat offenders

101.

Grant program for combating methamphetamine repeat offenders

(a)

Grant program

The Attorney General shall carry out a program to provide grants to qualified States for combating the problem of methamphetamine abuse with a specific focus on the prosecution of repeat offenders.

(b)

Qualified state

For purposes of this section, the term qualified State means a State that—

(1)

as reported by the National Clandestine Laboratory Database, had more than 200 methamphetamine lab seizures in 2003; and

(2)

has a law that provides that possession or distribution of 5 grams or more of methamphetamine, its salts, isomers, or salts of its isomers, or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, qualifies for a mandatory minimum sentence, without the possibility of probation or parole, of 5 to 40 years for a first offense, 10 years to life for a second offense, and life for a third offense.

(c)

Distribution of grant amounts

The Attorney General shall distribute grants authorized under subsection (a) to 2 States.

(d)

Administration

The Attorney General shall prescribe requirements, including application requirements, for grants under the program under subsection (a).

(e)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated $10,000,000 for fiscal years 2005 and 2006 to carry out this section.

(2)

Availability

Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended.

II

Enforcement

201.

Authorization of appropriations relating to COPS grants

(a)

In general

In addition to any other funds authorized to be appropriated for fiscal year 2005 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.), known as the COPS program, there is authorized to be appropriated $20,000,000 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 pursuant to subsection (a), $5,000,000 shall be available only for prosecutors and law enforcement agents for rural communities.

(c)

DEA reimbursement

Of amounts made available pursuant to subsection (a), $2,000,000 shall be available only to reimburse the Drug Enforcement Administration for existing training expenses, and shall remain available until expended.

202.

Authorization of appropriations relating to the clandestine laboratory training

In addition to any other funds authorized to be appropriated for fiscal year 2005 for the facilities and personnel used to operate the Clandestine Laboratory Training Facility of the Drug Enforcement Administration, located in Quantico, Virginia, there is authorized to be appropriated $10,000,000 for such purpose (but to include not more than 20 additional full-time positions) to provide training to law enforcement personnel of all the States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

203.

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.

.

204.

Special United States attorney's program

(a)

In general

The Attorney General shall allocate any amounts appropriated pursuant to the authorization under subsection (a) 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 fiscal years 2005 and 2006 to carry out the provisions of this section.

III

Education, prevention, and treatment

301.

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 $1,000,000 for fiscal years 2005 and 2006 to carry out the provisions of subsection (b)(9).

.

302.

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; and

(2)

by inserting after section 514B (as so redesignated) the following section:

514C.

Local grants for treatment of methamphetamine abuse and related conditions

The Secretary may make grants to political subdivisions of States and to nonprofit private entities for the purpose of providing treatment for methamphetamine abuse.

.

303.

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 desiring 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 $1,000,000 for the fiscal years 2005 and 2006, to be used to carry out the provisions of this section.