[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 314 Introduced in House (IH)]
<DOC>
109th CONGRESS
1st Session
H. R. 314
To respond to the illegal production, distribution, and use of
methamphetamine in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 200547Mr. Blunt (for himself, Mr. Akin, Mr. Shimkus, Mr.
Duncan, Mr. Etheridge, Mr. Renzi, and Mr. Lewis of Kentucky) introduced
the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committee on Energy and Commerce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To respond to the illegal production, distribution, and use of
methamphetamine in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, I72SECTION 1. SHORT
TITLE.
This Act may be cited as the ``Combat Meth Act of 2005''.
TITLE I--ENFORCEMENT
SEC. 101. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.
(a) In General.--In addition to any other funds authorized to be
appropriated for fiscal year 2006 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.), commonly known as the COPS program, there are
authorized to be appropriated $15,000,000 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 under subsection
(a), $3,000,000 shall be available only for prosecutors and law
enforcement agents for rural communities.
SEC. 102. 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:6201
``(13) hire personnel and purchase equipment to assist in
the enforcement and prosecution of methamphetamine offenses and
the cleanup of methamphetamine-affected areas.''.
SEC. 103. SPECIAL UNITED STATES ATTORNEYS' PROGRAM.
(a) In General.--The Attorney General shall allocate any amounts
appropriated pursuant to the authorization under subsection (c) 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 each of the fiscal years 2006 and 2007 to
carry out the provisions of this section.
SEC. 104. PSEUDOEPHEDRINE AMENDMENTS TO CONTROLLED SUBSTANCES ACT.
(a) Addition of Pseudoephedrine to Schedule V.--Section 202 of the
Controlled Substances Act (21 U.S.C. 812) is amended by adding at the
end the following:
``(6) Any detectable quantity of pseudoephedrine, its salts
or optical isomers, or salts of optical isomers.''.
(b) Prescriptions.--Section 309(c) of the Controlled Substances Act
(21 U.S.C. 829(c)) is amended--
(1) by inserting ``(1)'' before ``No controlled
substance''; and
(2) by adding at the end the following:
``(2) If the substance described in paragraph (6) of Schedule V of
section 202 is dispensed, sold, or distributed in a pharmacy--
``(A) the substance shall be dispensed, sold, or
distributed only by a licensed pharmacist or a licensed
pharmacy technician; and
``(B) any person purchasing, receiving, or otherwise
acquiring any such substance shall--
``(i) produce a photo identification showing the
date of birth of such person; and
``(ii) sign a written log or receipt showing--
``(I) the date of the transaction;
``(II) the name of the person; and
``(III) the name and the amount of the
substance purchased, received, or otherwise
acquired.
``(3)(A) No person shall purchase, receive, or otherwise acquire
more than 9 grams of the substance described in paragraph (6) of
Schedule V of section 202 within any 30-day period.
``(B) The limit described in subparagraph (A) shall not apply to
any quantity of such substance dispensed under a valid prescription.
``(4)(A) The Director of the Federal Drug Administration, by rule,
may exempt a product from Schedule V of section 202 if the Director
determines that the produce is not used in the illegal manufacture of
methamphetamine or other controlled dangerous substance.
``(B) The Director of the Federal Drug Administration, upon the
application of a manufacturer of a drug product, may exempt the product
from Schedule V of section 202 if the Director determines that the
product has been formulated in such a way as to effectively prevent the
conversion of the active ingredient into methamphetamine.
``(C) The Director of the Federal Drug Administration, by rule, may
authorize the sale of the substance described in paragraph (6) of
Schedule V of section 202 by persons other than licensed pharmacists or
licensed pharmacy technicians if--
``(i) the Director finds evidence that the absence of a
pharmacy creates a hardship for a community; and
``(ii) the authorized personnel follow the procedure set
forth in this Act''.
TITLE II--EDUCATION, PREVENTION, AND TREATMENT
SEC. 201. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE ABUSERS.
Section 519 of the Public Health Service Act (42 U.S.C. 290bb0925)
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 $2,500,000 for each of the
fiscal years 2006 and 2007 to carry out the provisions of
subsection (b)(9).''.
SEC. 202. 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;
(2) in section 514B, as redesignated--
(A) by amending subsection (a)(1) to read as
follows:
``(1) Grants authorized.--The Secretary may award grants to
States, political subdivisions of States, American Indian
Tribes, and private, nonprofit entities to provide treatment
for methamphetamine abuse.'';
(B) by amending subsection (b) to read as follows:
``(b) Priority for Rural Areas.--In awarding grants under
subsection (a), the Secretary shall give priority to entities that will
serve rural areas experiencing an increase in methamphetamine abuse.'';
and
(C) in subsection (d)(1), by striking ``2000'' and
all that follows and inserting ``2005 and such sums as
may be necessary for each of fiscal years 2006 through
2009''; and
(3) by inserting after section 514B, as redesignated, the
following:
``SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, AND TECHNICAL
ASSISTANCE CENTER.
``(a) Program Authorized.--The Secretary, acting through the
Administrator, and in consultation with the Director of the National
Institutes of Health, shall award grants to, or enter into contracts
with, public or private, nonprofit entities to establish a research,
training, and technical assistance center to carry out the activities
described in subsection (d).
``(b) Application.--A public or private, nonprofit entity seeking a
grant or contract under subsection (a) shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(c) Condition.--In awarding grants or entering into contracts
under subsection (a), the Secretary shall ensure that not less than 1
of the centers will focus on methamphetamine abuse in rural areas.
``(d) Authorized Activities.--Each center established under this
section shall--
``(1) engage in research and evaluation of the
effectiveness of treatment modalities for the treatment of
methamphetamine abuse;
``(2) disseminate information to public and private
entities on effective treatments for methamphetamine abuse;
``(3) provide direct technical assistance to States,
political subdivisions of States, and private entities on how
to improve the treatment of methamphetamine abuse; and
``(4) provide training on the effects of methamphetamine
use and on effective ways of treating methamphetamine abuse to
substance abuse treatment professionals and community leaders.
``(e) Reports.--Each grantee or contractor under this section shall
annually submit a report to the Administrator that contains--
``(1) a description of the previous year's activities of
the center established under this section;
``(2) effective treatment modalities undertaken by the
center; and
``(3) evidence to demonstrate that such treatment
modalities were successful.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for fiscal year 2006
and such sums as may be necessary for each of fiscal years 2007 and
2008.''.72SEC. 203. 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 seeking 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 $5,000,000 for each of the fiscal years 2006 and 2007 to
carry out the provisions of this section.