II 

108TH CONGRESS 

2D SESSION S. 2869 

To respond to the illegal production, distribution, and use of 

methamphetamines in the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30, 2004 

Mr. TALENT 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 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 2004’’. 
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1 TITLE I—GRANT PROGRAM FOR 

2 COMBATING METHAMPHET3 AMINE REPEAT OFFENDERS 

4 SEC. 101. GRANT PROGRAM FOR COMBATING METH5 AMPHETAMINE REPEAT OFFENDERS. 

6 (a) GRANT PROGRAM.—The Attorney General shall 

7 carry out a program to provide grants to qualified States 

8 for combating the problem of methamphetamine abuse 

9 with a specific focus on the prosecution of repeat offend10 ers. 

11 (b) QUALIFIED STATE.—For purposes of this section, 

12 the term ‘‘qualified State’’ means a State that— 

13 (1) as reported by the National Clandestine 

14 Laboratory Database, had more than 200 meth15 amphetamine lab seizures in 2003; and 

16 (2) has a law that provides that possession or 

17 distribution of 5 grams or more of methamphet18 amine, its salts, isomers, or salts of its isomers, or 

19 50 grams or more of a mixture or substance con20 taining a detectable amount of methamphetamine, 

21 its salts, isomers, or salts of its isomers, qualifies for 

22 a mandatory minimum sentence, without the possi23 bility of probation or parole, of 5 to 40 years for a 

24 first offense, 10 years to life for a second offense, 

25 and life for a third offense. 
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1 (c) DISTRIBUTION OF GRANT AMOUNTS.—The Attor2 ney General shall distribute grants authorized under sub3 section (a) to 2 States. 

4 (d) ADMINISTRATION.—The Attorney General shall 

5 prescribe requirements, including application require6 ments, for grants under the program under subsection (a). 

7 (e) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) IN GENERAL.—There is authorized to be 

9 appropriated $10,000,000 for fiscal years 2005 and 

10 2006 to carry out this section. 

11 (2) AVAILABILITY.—Amounts appropriated pur12 suant to the authorization of appropriations in para13 graph (1) shall remain available until expended. 

14 TITLE II—ENFORCEMENT 

15 SEC. 201. AUTHORIZATION OF APPROPRIATIONS RELATING 

16 TO COPS GRANTS. 

17 (a) IN GENERAL.—In addition to any other funds au18 thorized to be appropriated for fiscal year 2005 for grants 

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

20 Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), 

21 known as the COPS program, there is authorized to be 

22 appropriated $20,000,000 for such purpose to provide 

23 training to State and local prosecutors and law enforce24 ment agents for the investigation and prosecution of meth25 amphetamine offenses. 
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1 (b) RURAL SET-ASIDE.—Of amounts made available 

2 pursuant to subsection (a), $5,000,000 shall be available 

3 only for prosecutors and law enforcement agents for rural 

4 communities. 

5 (c) DEA REIMBURSEMENT.—Of amounts made 

6 available pursuant to subsection (a), $2,000,000 shall be 

7 available only to reimburse the Drug Enforcement Admin8 istration for existing training expenses, and shall remain 

9 available until expended. 

10 SEC. 202. AUTHORIZATION OF APPROPRIATIONS RELATING 

11 TO THE CLANDESTINE LABORATORY TRAIN12 ING. 

13 In addition to any other funds authorized to be ap14 propriated for fiscal year 2005 for the facilities and per15 sonnel used to operate the Clandestine Laboratory Train16 ing Facility of the Drug Enforcement Administration, lo17 cated in Quantico, Virginia, there is authorized to be ap18 propriated $10,000,000 for such purpose (but to include 

19 not more than 20 additional full-time positions) to provide 

20 training to law enforcement personnel of all the States, 

21 the District of Columbia, the Commonwealth of Puerto 

22 Rico, and the territories and possessions of the United 

23 States. 
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1 SEC. 203. EXPANSION OF METHAMPHETAMINE HOT SPOTS 

2 PROGRAM TO INCLUDE PERSONNEL AND 

3 EQUIPMENT FOR ENFORCEMENT, PROSECU4 TION, AND CLEANUP. 

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

6 Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amend7 ed— 

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

9 end; 

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

11 the end and inserting ‘‘; and’’; and 

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

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

14 assist in the enforcement and prosecution of meth15 amphetamine offenses and the cleanup of meth16 amphetamine-affected areas.’’. 

17 SEC. 204. SPECIAL UNITED STATES ATTORNEY’S PROGRAM. 

18 (a) IN GENERAL.—The Attorney General shall allo19 cate any amounts appropriated pursuant to the authoriza20 tion under subsection (a) for the hiring and training of 

21 special assistant United States attorneys. 

22 (b) USE OF FUNDS.—The funds allocated under sub23 section (a) shall be used to— 

24 (1) train local prosecutors in techniques used to 

25 prosecute methamphetamine cases, including the 
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1 presentation of evidence related to the manufacture 

2 of methamphetamine; 

3 (2) train local prosecutors in Federal and State 

4 laws involving methamphetamine manufacture or 

5 distribution; 

6 (3) cross-designate local prosecutors as special 

7 assistant United States attorneys; and 

8 (4) hire additional local prosecutors who— 

9 (A) with the approval of the United States 

10 attorney, shall be cross-designated to prosecute 

11 both Federal and State methamphetamine 

12 cases; 

13 (B) shall be assigned a caseload, whether 

14 in State court or Federal court, that gives the 

15 highest priority to cases in which— 

16 (i) charges related to methamphet17 amine manufacture or distribution are sub18 mitted by law enforcement for consider19 ation; and 

20 (ii) the defendant has been previously 

21 convicted of a crime related to meth22 amphetamine manufacture or distribution. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated $5,000,000 for fiscal 
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1 years 2005 and 2006 to carry out the provisions of this 

2 section. 

3 TITLE III—EDUCATION, 

4 PREVENTION, AND TREATMENT 

5 SEC. 301. GRANTS FOR SERVICES FOR CHILDREN OF SUB6 STANCE ABUSERS. 

7 Section 519 of the Public Health Service Act (42 

8 U.S.C. 290bb–25) is amended— 

9 (1) in subsection (b), by inserting after para10 graph (8) the following: 

11 ‘‘(9) Development of drug endangered children 

12 rapid response teams that will intervene on behalf of 

13 children exposed to methamphetamine as a result of 

14 residing or being present in a home-based clandes15 tine drug laboratory.’’; and 

16 (2) in subsection (o)— 

17 (A) by striking ‘‘For the purpose’’ and in18 serting the following: 

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

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

21 ‘‘(2) DRUG ENDANGERED CHILDREN RAPID RE22 SPONSE TEAMS.—There are authorized to be appro23 priated $1,000,000 for fiscal years 2005 and 2006 

24 to carry out the provisions of subsection (b)(9).’’. 
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1 SEC. 302. LOCAL GRANTS FOR TREATMENT OF METH2 AMPHETAMINE ABUSE AND RELATED CONDI3 TIONS. 

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

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

6 (1) by redesignating the section 514 that re7 lates to methamphetamine and appears after section 

8 514A as section 514B; and 

9 (2) by inserting after section 514B (as so re10 designated) the following section: 

11 ‘‘LOCAL GRANTS FOR TREATMENT OF

12 METHAMPHETAMINE ABUSE AND RELATED CONDITIONS. 

13 ‘‘SEC. 514C. The Secretary may make grants to po14 litical subdivisions of States and to nonprofit private enti15 ties for the purpose of providing treatment for meth16 amphetamine abuse.’’. 

17 SEC. 303. METHAMPHETAMINE PRECURSOR MONITORING 

18 GRANTS. 

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

20 acting through the Bureau of Justice Assistance, may 

21 award grants to States to establish methamphetamine pre22 cursor monitoring programs. 

23 (b) PURPOSE.—The purpose of the grant program es24 tablished under this section is to— 

25 (1) prevent the sale of methamphetamine pre26 cursors, such as pseudoephedrine, to individuals in 
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1 quantities so large that the only reasonable purpose 

2 of the purchase would be to manufacture meth3 amphetamine; 

4 (2) educate businesses that legally sell meth5 amphetamine precursors of the need to balance the 

6 legitimate need for lawful access to medication with 

7 the risk that those substances may be used to manu8 facture methamphetamine; and 

9 (3) recalibrate existing prescription drug moni10 toring programs designed to track the sale of con11 trolled substances to also track the sale of 

12 pseudoephedrine in any amount greater than 6 

13 grams. 

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

15 to States under this section may be used to— 

16 (1) implement a methamphetamine precursor 

17 monitoring program, including hiring personnel and 

18 purchasing computer hardware and software de19 signed to monitor methamphetamine precursor pur20 chases; 

21 (2) expand existing methamphetamine pre22 cursor or prescription drug monitoring programs to 

23 accomplish the purposes described in subsection (b); 

24 (3) pay for training and technical assistance for 

25 law enforcement personnel and employees of busi-
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1 nesses that lawfully sell substances, which may be 

2 used as methamphetamine precursors; 

3 (4) improve information sharing between adja4 cent States through enhanced connectivity; or 

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

6 implement methamphetamine precursor monitoring 

7 programs. 

8 (d) APPLICATION.—Any State desiring a grant under 

9 this section shall submit an application to the Attorney 

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

11 such information as the Attorney General may require. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated $1,000,000 for the fis14 cal years 2005 and 2006, to be used to carry out the provi15 sions of this section. 

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