II 

109TH CONGRESS 

1ST SESSION S. 430 

To arrest methamphetamine abuse in the United States. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2005 

Ms. CANTWELL introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL

To arrest methamphetamine abuse in the United States.

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 ‘‘Arrest Methamphet5 amine Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Methamphetamine (meth) is an extremely 

9 dangerous and highly addictive drug. 

10 (2) Methamphetamine use contributes to the 

11 perpetration of violent crimes, particularly burglary, 
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1 child abuse, and crimes of substantial cost and per2 sonal pain to the victims, including identity theft. 

3 (3) Methamphetamine labs produce hazardous 

4 conditions because of their use of chemicals such as 

5 anhydrous ammonia, ether, sulfuric acid, and other 

6 toxins which are volatile, corrosive and poisonous. 

7 When these substances are illegally disposed of in 

8 rivers, streams, and other dump areas, explosions 

9 and serious environmental damage can and does re10 sult. 

11 (4) Since 2001, Federal funding has been pro12 vided through the Department of Justice COPS and 

13 Byrne Grant programs to address methamphetamine 

14 enforcement and clean up. Since 2002, although the 

15 methamphetamine problem has been growing and 

16 spreading across the United States, COPS funding 

17 has been cut each successive year, from $70,500,000 

18 in 2002, to under $52,000,000 in 2005. 

19 (5) As methamphetamine has impacted more 

20 States each year, the dwindling Federal funds have 

21 been parsed into smaller amounts. Each State de22 serves greater Federal support and a permanent 

23 funding mechanism to confront the challenging prob24 lem of methamphetamine abuse. 
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1 (6) Permanent Federal funding support for 

2 meth enforcement and clean-up is critical to the ef3 forts of State and local law enforcement to reduce 

4 the use, manufacture, and sale of methamphetamine, 

5 and thus, reduce the crime rate. 

6 (7) It is necessary for the Federal Government 

7 to establish a long-term commitment to confronting 

8 methamphetamine use, sale, and manufacture by 

9 creating a permanent funding mechanism to assist 

10 States. 

11 SEC. 3. CONFRONTING THE USE OF METHAMPHETAMINE. 

12 Title I of the Omnibus Crime Control and Safe 

13 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 

14 by adding at the end the following: 

15 ‘‘PART HH—CONFRONTING USE OF 

16 METHAMPHETAMINE 

17 ‘‘SEC. 2991. AUTHORITY TO MAKE GRANTS TO ADDRESS 

18 PUBLIC SAFETY AND METHAMPHETAMINE 

19 MANUFACTURING, SALE, AND USE. 

20 ‘‘(a) PURPOSE AND PROGRAM AUTHORITY.— 

21 ‘‘(1) PURPOSE.—It is the purpose of this part 

22 to assist States— 

23 ‘‘(A) to carry out programs to address the 

24 manufacture, sale, and use of methamphet25 amine drugs; and 
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1 ‘‘(B) to improve the ability of State and 

2 local government institutions of to carry out 

3 such programs. 

4 ‘‘(2) GRANT AUTHORIZATION.—The Attorney 

5 General, through the Bureau of Justice Assistance 

6 in the Office of Justice Programs may make grants 

7 to States to address the manufacture, sale, and use 

8 of methamphetamine to enhance public safety. 

9 ‘‘(3) GRANT PROJECTS TO ADDRESS METH10 AMPHETAMINE MANUFACTURE SALE AND USE.—

11 Grants made under subsection (a) may be used for 

12 programs, projects, and other activities to— 

13 ‘‘(A) arrest individuals violating laws re14 lated to the use, manufacture, or sale of meth15 amphetamine; 

16 ‘‘(B) undertake methamphetamine clandes17 tine lab seizures and environmental clean up; 

18 ‘‘(C) provide for community-based edu19 cation, awareness, and prevention; 

20 ‘‘(D) provide child support and family 

21 services related to assist users of methamphet22 amine and their families; 

23 ‘‘(E) facilitate intervention in methamphet24 amine use; 
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1 ‘‘(F) facilitate treatment for methamphet2 amine addiction; 

3 ‘‘(G) provide Drug Court and Family Drug 

4 Court services to address methamphetamine; 

5 ‘‘(H) provide community policing to ad6 dress the problem of methamphetamine use; 

7 ‘‘(I) support State and local health depart8 ment and environmental agency services de9 ployed to address methamphetamine; 

10 ‘‘(J) prosecute violations of laws related to 

11 the use, manufacture, or sale of methamphet12 amine; and 

13 ‘‘(K) procure equipment, technology, or 

14 support systems, or pay for resources, if the ap15 plicant for such a grant demonstrates to the 

16 satisfaction of the Attorney General that ex17 penditures for such purposes would result in 

18 the reduction in the use, sale, and manufacture 

19 of methamphetamine. 

20 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

21 under this part, a State shall submit to the Attorney Gen22 eral assurances that the State has implemented, or will 

23 implement prior to receipt of a grant under this section 

24 laws, policies, and programs that restrict the wholesale 
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1 and limit sale of products used as precursors in the manu2 facture of methamphetamine. 

3 ‘‘SEC. 2992. APPLICATIONS. 

4 ‘‘(a) IN GENERAL.—No grant may be made under 

5 this part unless an application has been submitted to, and 

6 approved by, the Attorney General. 

7 ‘‘(b) APPLICATION.—An application for a grant 

8 under this part shall be submitted in such form, and con9 tain such information, as the Attorney General may pre10 scribe by regulation or guidelines. 

11 ‘‘(c) CONTENTS.—In accordance with the regulations 

12 or guidelines established by the Attorney General, each ap13 plication for a grant under this part shall— 

14 ‘‘(1) include a long-term statewide strategy 

15 that— 

16 ‘‘(A) reflects consultation with appropriate 

17 public and private agencies, tribal governments, 

18 and community groups; 

19 ‘‘(B) represents an integrated approach to 

20 addressing the use, manufacture, and sale of 

21 methamphetamine that includes— 

22 ‘‘(i) arrest and clandestine lab seizure; 

23 ‘‘(ii) training for law enforcement, fire 

24 and other relevant emergency services, 
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1 health care providers, and child and family 

2 service providers; 

3 ‘‘(iii) intervention; 

4 ‘‘(iv) child and family services; 

5 ‘‘(v) treatment; 

6 ‘‘(vi) drug court; 

7 ‘‘(vii) family drug court; 

8 ‘‘(viii) health department support; 

9 ‘‘(ix) environmental agency support; 

10 ‘‘(x) prosecution; and 

11 ‘‘(xi) evaluation of the effectiveness of 

12 the program and description of the efficacy 

13 of components of the program for the pur14 pose of establishing best practices that can 

15 be widely replicated by other States; and 

16 ‘‘(C) where appropriate, incorporate Indian 

17 Tribal participation to the extent that an In18 dian Tribe is impacted by the use, manufacture, 

19 or sale of methamphetamine; 

20 ‘‘(2) identify related governmental and commu21 nity initiatives which complement or will be coordi22 nated with the proposal; 

23 ‘‘(3) certify that there has been appropriate co24 ordination with all affected State and local govern25 ment institutions and that the State has involved 
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1 counties and other units of local government, when 

2 appropriate, in the development, expansion, modi3 fication, operation or improvement of programs to 

4 address the use, manufacture, or sale of meth5 amphetamine; 

6 ‘‘(4) certify that the State will share funds re7 ceived under this part with counties and other units 

8 of local government, taking into account the burden 

9 placed on these units of government when they are 

10 required to address the use, manufacture, or sale of 

11 methamphetamine; 

12 ‘‘(5) assess the impact, if any, of the increase 

13 in police resources on other components of the crimi14 nal justice system; 

15 ‘‘(6) explain how the grant will be utilized to 

16 enhance government response to the use, manufac17 ture, and sale of methamphetamine; 

18 ‘‘(7) demonstrate a specific public safety need; 

19 ‘‘(8) explain the applicant’s inability to address 

20 the need without Federal assistance; 

21 ‘‘(9) specify plans for obtaining necessary sup22 port and continuing the proposed program, project, 

23 or activity following the conclusion of Federal sup24 port; and 
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1 ‘‘(10) certify that funds received under this 

2 part will be used to supplement, not supplant, other 

3 Federal, State, and local funds. 

4 ‘‘SEC. 2993. PLANNING GRANTS. 

5 ‘‘(a) ELIGIBLE ENTITY.—The Attorney General 

6 through the Bureau of Justice Assistance in the Office 

7 of Justice Programs, may make grants under this section 

8 to States, Indian tribal governments, and multi-jurisdic9 tional or regional consortia thereof to develop a com10 prehensive, cooperative strategy to address the manufac11 ture, sale, and use of methamphetamine to enhance public 

12 safety. 

13 ‘‘(b) AUTHORIZATION.—The Attorney General is au14 thorized to provide grants under this section not exceeding 

15 $100,000 per eligible entity for such entity to— 

16 ‘‘(1) define the problem of the use, manufac17 ture, or sale of methamphetamine within the juris18 diction of the entity; 

19 ‘‘(2) describe the public and private organiza20 tion to be involved in addressing methamphetamine 

21 use, manufacture, or sale; and 

22 ‘‘(3) describe the manner in which these organi23 zations will participate in a comprehensive, coopera24 tive, and integrated plan to address the use, manu25 facture, or sale of methamphetamine. 
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1 ‘‘SEC. 2994. ENFORCEMENT GRANTS. 

2 ‘‘Of the total amount appropriated for this part in 

3 any fiscal year, the amount remaining after setting aside 

4 the amount to be reserved to carry out section 2993 shall 

5 be allocated to States as follows: 

6 ‘‘(1) 0.25 percent or $250,000, whichever is 

7 greater, shall be allocated to each of the States. 

8 ‘‘(2) Of the total funds remaining after the allo9 cation under paragraph (1), there shall be allocated 

10 to each State an amount which bears the same ratio 

11 to the amount of remaining funds described in this 

12 paragraph as the population of such State bears to 

13 the population of all the States. 

14 ‘‘SEC. 2995. NATIONAL ACTIVITIES. 

15 ‘‘The Attorney General is authorized— 

16 ‘‘(1) to collect systematic data on the effective17 ness of the programs assisted under this part in re18 ducing the use, manufacture, and sale of meth19 amphetamine; 

20 ‘‘(2) to establish a national clearinghouse of in21 formation on effective programs to address the use, 

22 manufacture, and sale of methamphetamine that 

23 shall disseminate to State and local agencies describ24 ing— 
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1 ‘‘(A) the results of research on efforts to 

2 reduce the use, manufacture, and sale of meth3 amphetamine; and 

4 ‘‘(B) information on effective programs, 

5 best practices and Federal resources to— 

6 ‘‘(i) reduce the use, manufacture, and 

7 sale of methamphetamine; and 

8 ‘‘(ii) address the physical, social, and 

9 family problems that result from the use of 

10 methamphetamine through the activities of 

11 intervention, treatment, drug courts, and 

12 family drug courts; 

13 ‘‘(3) to establish a program within the Depart14 ment of Justice to facilitate the sharing of knowl15 edge in best practices among States addressing the 

16 use, manufacture and sale of methamphetamine 

17 through State-to-State mentoring, or other means; 

18 and 

19 ‘‘(4) to provide technical assistance to State 

20 agencies and local agencies implementing programs 

21 and securing resources to implement effective pro22 grams to reduce the use, manufacture, and sale of 

23 methamphetamine. 
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1 ‘‘SEC. 2996. FUNDING. 

2 ‘‘(a) GRANTS FOR THE PURPOSE OF CONFRONTING

3 THE USE OF METHAMPHETAMINE.—There are authorized 

4 to be appropriated to carry out this part— 

5 ‘‘(1) $100,000,000 for each fiscal year 2006 

6 and 2007; and 

7 ‘‘(2) $200,000,000 for each fiscal year 2008, 

8 2009, and 2010. 

9 ‘‘(b) NATIONAL ACTIVITIES.—For the purposes of 

10 section 2995, there are authorized to be appropriated such 

11 sums as are necessary.’’. 

12 SEC. 4. STATEMENT OF CONGRESS REGARDING AVAIL13 ABILITY AND ILLEGAL IMPORTATION OF 

14 PSEUDOEPHEDRINE FROM CANADA. 

15 (a) FINDINGS.—Congress finds that— 

16 (1) pseudoephedrine is a particularly abused 

17 basic precursor chemical used in the manufacture of 

18 the dangerous narcotic methamphetamine; 

19 (2) the Federal Government, working in co20 operation with narcotics agents of State and local 

21 governments and the private sector, has tightened 

22 the control of pseudoephedrine in the United States 

23 in recent years; 

24 (3) in many States, pseudoephedrine can only 

25 be purchased in small quantity bottles or blister 

26 packs, and laws throughout various States are 
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1 gradually becoming tougher, reflecting the increasing 

2 severity of America’s methamphetamine problem; 

3 however, the widespread presence of large containers 

4 of pseudoephedrine from Canada at methamphet5 amine laboratories and dumpsites in the United 

6 States, despite efforts of law enforcement agencies 

7 to stem the flow of these containers into the United 

8 States, demonstrates the strength of the demand 

9 for, and the inherent difficulties in stemming the 

10 flow of, these containers from neighboring Canada; 

11 and 

12 (4) Canada lacks a comprehensive legislative 

13 framework for addressing the pseudoephedrine traf14 ficking problem. 

15 (b) CALL FOR ACTION BY CANADA.—Congress 

16 strongly urges the President to seek commitments from 

17 the Government of Canada to begin immediately to take 

18 effective measures to stem the widespread and increasing 

19 availability in Canada and the illegal importation into the 

20 United States of pseudoephedrine.

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