II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Combat Meth Act of 

5 2005’’. 
2 

•S 103 IS

1 TITLE I—ENFORCEMENT 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS RELATING 

3 TO COPS GRANTS. 

4 (a) IN GENERAL.—In addition to any other funds au5 thorized to be appropriated for fiscal year 2006 for grants 

6 under part Q of title I of the Omnibus Crime Control and 

7 Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), com8 monly known as the COPS program, there are authorized 

9 to be appropriated $15,000,000 for such purpose to pro10 vide training to State and local prosecutors and law en11 forcement agents for the investigation and prosecution of 

12 methamphetamine offenses. 

13 (b) RURAL SET-ASIDE.—Of amounts made available 

14 under subsection (a), $3,000,000 shall be available only 

15 for prosecutors and law enforcement agents for rural com16 munities. 

17 SEC. 102. EXPANSION OF METHAMPHETAMINE HOT SPOTS 

18 PROGRAM TO INCLUDE PERSONNEL AND 

19 EQUIPMENT FOR ENFORCEMENT, PROSECU20 TION, AND CLEANUP. 

21 Section 1701(d) of the Omnibus Crime Control and 

22 Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amend23 ed— 

24 (1) in paragraph (11) by striking ‘‘and’’ at the 

25 end; 
3 

•S 103 IS

1 (2) in paragraph (12) by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(13) hire personnel and purchase equipment to 

5 assist in the enforcement and prosecution of meth6 amphetamine offenses and the cleanup of meth7 amphetamine-affected areas.’’. 

8 SEC. 103. SPECIAL UNITED STATES ATTORNEYS’ PROGRAM. 

9 (a) IN GENERAL.—The Attorney General shall allo10 cate any amounts appropriated pursuant to the authoriza11 tion under subsection (c) for the hiring and training of 

12 special assistant United States attorneys. 

13 (b) USE OF FUNDS.—The funds allocated under sub14 section (a) shall be used to— 

15 (1) train local prosecutors in techniques used to 

16 prosecute methamphetamine cases, including the 

17 presentation of evidence related to the manufacture 

18 of methamphetamine; 

19 (2) train local prosecutors in Federal and State 

20 laws involving methamphetamine manufacture or 

21 distribution; 

22 (3) cross-designate local prosecutors as special 

23 assistant United States attorneys; and 

24 (4) hire additional local prosecutors who— 
4 

•S 103 IS

1 (A) with the approval of the United States 

2 attorney, shall be cross-designated to prosecute 

3 both Federal and State methamphetamine 

4 cases; 

5 (B) shall be assigned a caseload, whether 

6 in State court or Federal court, that gives the 

7 highest priority to cases in which— 

8 (i) charges related to methamphet9 amine manufacture or distribution are sub10 mitted by law enforcement for consider11 ation; and 

12 (ii) the defendant has been previously 

13 convicted of a crime related to meth14 amphetamine manufacture or distribution. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated $5,000,000 for each of 

17 the fiscal years 2006 and 2007 to carry out the provisions 

18 of this section. 

19 SEC. 104. PSEUDOEPHEDRINE AMENDMENTS TO CON20 TROLLED SUBSTANCES ACT. 

21 (a) ADDITION OF PSEUDOEPHEDRINE TO SCHEDULE

22 V.—Section 202 of the Controlled Substances Act (21 

23 U.S.C. 812) is amended by adding at the end the fol24 lowing: 
5 

•S 103 IS

1 ‘‘(6) Any detectable quantity of 

2 pseudoephedrine, its salts or optical isomers, or salts 

3 of optical isomers.’’. 

4 (b) PRESCRIPTIONS.—Section 309(c) of the Con5 trolled Substances Act (21 U.S.C. 829(c)) is amended— 

6 (1) by inserting ‘‘(1)’’ before ‘‘No controlled 

7 substance’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(2) If the substance described in paragraph (6) of 

10 Schedule V of section 202 is dispensed, sold, or distributed 

11 in a pharmacy— 

12 ‘‘(A) the substance shall be dispensed, sold, or 

13 distributed only by a licensed pharmacist or a li14 censed pharmacy technician; and 

15 ‘‘(B) any person purchasing, receiving, or other16 wise acquiring any such substance shall— 

17 ‘‘(i) produce a photo identification showing 

18 the date of birth of such person; and 

19 ‘‘(ii) sign a written log or receipt show20 ing— 

21 ‘‘(I) the date of the transaction; 

22 ‘‘(II) the name of the person; and 

23 ‘‘(III) the name and the amount of 

24 the substance purchased, received, or oth25 erwise acquired. 
6 

•S 103 IS

1 ‘‘(3)(A) No person shall purchase, receive, or other2 wise acquire more than 9 grams of the substance described 

3 in paragraph (6) of Schedule V of section 202 within any 

4 30-day period. 

5 ‘‘(B) The limit described in subparagraph (A) shall 

6 not apply to any quantity of such substance dispensed 

7 under a valid prescription. 

8 ‘‘(4)(A) The Director of the Federal Drug Adminis9 tration, by rule, may exempt a product from Schedule V 

10 of section 202 if the Director determines that the produce 

11 is not used in the illegal manufacture of methamphet12 amine or other controlled dangerous substance. 

13 ‘‘(B) The Director of the Federal Drug Administra14 tion, upon the application of a manufacturer of a drug 

15 product, may exempt the product from Schedule V of sec16 tion 202 if the Director determines that the product has 

17 been formulated in such a way as to effectively prevent 

18 the conversion of the active ingredient into methamphet19 amine. 

20 ‘‘(C) The Director of the Federal Drug Administra21 tion, by rule, may authorize the sale of the substance de22 scribed in paragraph (6) of Schedule V of section 202 by 

23 persons other than licensed pharmacists or licensed phar24 macy technicians if— 
7 

•S 103 IS

1 ‘‘(i) the Director finds evidence that the ab2 sence of a pharmacy creates a hardship for a com3 munity; and 

4 ‘‘(ii) the authorized personnel follow the proce5 dure set forth in this Act.’’. 

6 TITLE II—EDUCATION, 

7 PREVENTION, AND TREATMENT 

8 SEC. 201. GRANTS FOR SERVICES FOR CHILDREN OF SUB9 STANCE ABUSERS. 

10 Section 519 of the Public Health Service Act (42 

11 U.S.C. 290bb–25) is amended— 

12 (1) in subsection (b), by inserting after para13 graph (8) the following: 

14 ‘‘(9) Development of drug endangered children 

15 rapid response teams that will intervene on behalf of 

16 children exposed to methamphetamine as a result of 

17 residing or being present in a home-based clandes18 tine drug laboratory.’’; and 

19 (2) in subsection (o)— 

20 (A) by striking ‘‘For the purpose’’ and in21 serting the following: 

22 ‘‘(1) IN GENERAL.—For the purpose’’; and 

23 (B) by adding at the end the following: 

24 ‘‘(2) DRUG ENDANGERED CHILDREN RAPID RE25 SPONSE TEAMS.—There are authorized to be appro-
8 

•S 103 IS

1 priated $2,500,000 for each of the fiscal years 2006 

2 and 2007 to carry out the provisions of subsection 

3 (b)(9).’’. 

4 SEC. 202. LOCAL GRANTS FOR TREATMENT OF METH5 AMPHETAMINE ABUSE AND RELATED CONDI6 TIONS. 

7 Subpart 1 of part B of title V of the Public Health 

8 Service Act (42 U.S.C. 290bb et seq.) is amended— 

9 (1) by redesignating the section 514 that re10 lates to methamphetamine and appears after section 

11 514A as section 514B; 

12 (2) in section 514B, as redesignated— 

13 (A) by amending subsection (a)(1) to read 

14 as follows: 

15 ‘‘(1) GRANTS AUTHORIZED.—The Secretary 

16 may award grants to States, political subdivisions of 

17 States, American Indian Tribes, and private, non18 profit entities to provide treatment for methamphet19 amine abuse.’’; 

20 (B) by amending subsection (b) to read as 

21 follows: 

22 ‘‘(b) PRIORITY FOR RURAL AREAS.—In awarding 

23 grants under subsection (a), the Secretary shall give pri24 ority to entities that will serve rural areas experiencing 

25 an increase in methamphetamine abuse.’’; and 
9 

•S 103 IS

1 (C) in subsection (d)(1), by striking 

2 ‘‘2000’’ and all that follows and inserting 

3 ‘‘2005 and such sums as may be necessary for 

4 each of fiscal years 2006 through 2009’’; and 

5 (3) by inserting after section 514B, as redesig6 nated, the following: 

7 ‘‘SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, 

8 AND TECHNICAL ASSISTANCE CENTER. 

9 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary, acting 

10 through the Administrator, and in consultation with the 

11 Director of the National Institutes of Health, shall award 

12 grants to, or enter into contracts with, public or private, 

13 nonprofit entities to establish a research, training, and 

14 technical assistance center to carry out the activities de15 scribed in subsection (d). 

16 ‘‘(b) APPLICATION.—A public or private, nonprofit 

17 entity seeking a grant or contract under subsection (a) 

18 shall submit an application to the Secretary at such time, 

19 in such manner, and containing such information as the 

20 Secretary may require. 

21 ‘‘(c) CONDITION.—In awarding grants or entering 

22 into contracts under subsection (a), the Secretary shall en23 sure that not less than 1 of the centers will focus on meth24 amphetamine abuse in rural areas. 
10 

•S 103 IS

1 ‘‘(d) AUTHORIZED ACTIVITIES.—Each center estab2 lished under this section shall— 

3 ‘‘(1) engage in research and evaluation of the 

4 effectiveness of treatment modalities for the treat5 ment of methamphetamine abuse; 

6 ‘‘(2) disseminate information to public and pri7 vate entities on effective treatments for methamphet8 amine abuse; 

9 ‘‘(3) provide direct technical assistance to 

10 States, political subdivisions of States, and private 

11 entities on how to improve the treatment of meth12 amphetamine abuse; and 

13 ‘‘(4) provide training on the effects of meth14 amphetamine use and on effective ways of treating 

15 methamphetamine abuse to substance abuse treat16 ment professionals and community leaders. 

17 ‘‘(e) REPORTS.—Each grantee or contractor under 

18 this section shall annually submit a report to the Adminis19 trator that contains— 

20 ‘‘(1) a description of the previous year’s activi21 ties of the center established under this section; 

22 ‘‘(2) effective treatment modalities undertaken 

23 by the center; and 

24 ‘‘(3) evidence to demonstrate that such treat25 ment modalities were successful. 
11 

•S 103 IS

1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $3,000,000 for fiscal year 2006 and such sums as may 

4 be necessary for each of fiscal years 2007 and 2008.’’. 

5 SEC. 203. METHAMPHETAMINE PRECURSOR MONITORING 

6 GRANTS. 

7 (a) GRANTS AUTHORIZED.—The Attorney General, 

8 acting through the Bureau of Justice Assistance, may 

9 award grants to States to establish methamphetamine pre10 cursor monitoring programs. 

11 (b) PURPOSE.—The purpose of the grant program es12 tablished under this section is to— 

13 (1) prevent the sale of methamphetamine pre14 cursors, such as pseudoephedrine, to individuals in 

15 quantities so large that the only reasonable purpose 

16 of the purchase would be to manufacture meth17 amphetamine; 

18 (2) educate businesses that legally sell meth19 amphetamine precursors of the need to balance the 

20 legitimate need for lawful access to medication with 

21 the risk that those substances may be used to manu22 facture methamphetamine; and 

23 (3) recalibrate existing prescription drug moni24 toring programs designed to track the sale of con25 trolled substances to also track the sale of 
12 

•S 103 IS

1 pseudoephedrine in any amount greater than 6 

2 grams. 

3 (c) USE OF GRANT FUNDS.—Grant funds awarded 

4 to States under this section may be used to— 

5 (1) implement a methamphetamine precursor 

6 monitoring program, including hiring personnel and 

7 purchasing computer hardware and software de8 signed to monitor methamphetamine precursor pur9 chases; 

10 (2) expand existing methamphetamine pre11 cursor or prescription drug monitoring programs to 

12 accomplish the purposes described in subsection (b); 

13 (3) pay for training and technical assistance for 

14 law enforcement personnel and employees of busi15 nesses that lawfully sell substances, which may be 

16 used as methamphetamine precursors; 

17 (4) improve information sharing between adja18 cent States through enhanced connectivity; or 

19 (5) make grants to subdivisions of the State to 

20 implement methamphetamine precursor monitoring 

21 programs. 

22 (d) APPLICATION.—Any State seeking a grant under 

23 this section shall submit an application to the Attorney 

24 General at such time, in such manner, and containing 

25 such information as the Attorney General may require. 
13 

•S 103 IS

1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated $5,000,000 for each of 

3 the fiscal years 2006 and 2007 to carry out the provisions 

4 of this section. 

Æ