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[House Report 106-878]
[From the U.S. Government Publishing Office]

106th Congress                                            Rept. 106-878
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
      METHAMPHETAMINE AND CLUB DRUG ANTI-PROLIFERATION ACT OF 2000

                                _______
                                

               September 21, 2000.--Ordered to be printed

                                _______
                                

   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2987]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2987) providing for the punishment of 
methamphetamine laboratory operators, provide additional 
resources to combat methamphetamine production, trafficking, 
and abuse in the United States, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill as amended do pass.

                           TABLE OF CONTENTS

                                                                  

                                                                 Page
The Amendment..............................................           2
Purpose and Summary........................................          21
Background and Need for the Legislation....................          22
Hearings...................................................          23
Committee Consideration....................................          23
Votes of the Committee.....................................          24
Committee Oversight Findings...............................          26
Committee on Government Reform Findings....................          26
New Budget Authority and Tax Expenditures..................          26
Committee Cost Estimate....................................          26
Constitutional Authority Statement.........................          26
Section-by-Section Analysis and Discussion.................          27
Changes in Existing Law Made by the Bill, as Reported......          39
    The amendment in the nature of a substitute is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Methamphetamine 
and Club Drug Anti-Proliferation Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

      TITLE I--METHAMPHETAMINE PRODUCTION, TRAFFICKING, AND ABUSE

                     Subtitle A--Criminal Penalties

Sec. 101. Enhanced punishment of amphetamine laboratory operators.
Sec. 102. Enhanced punishment of amphetamine or methamphetamine 
laboratory operators.
Sec. 103. Mandatory restitution for violations of controlled substances 
act and controlled substances import and export act relating to 
amphetamine and methamphetamine.
Sec. 104. Methamphetamine paraphernalia.

                  Subtitle B--Enhanced Law Enforcement

Sec. 111. Environmental hazards associated with illegal manufacture of 
amphetamine and methamphetamine.
Sec. 112. Reduction in retail sales transaction threshold for non-safe 
harbor products containing pseudoephedrine or phenylpropanolamine.
Sec. 113. Training for drug enforcement administration and State and 
local law enforcement personnel relating to clandestine laboratories.
Sec. 114. Combatting methamphetamine and amphetamine in high intensity 
drug trafficking areas.
Sec. 115. Combating amphetamine and methamphetamine manufacturing and 
trafficking.

               Subtitle C--Abuse Prevention and Treatment

Sec. 121. Expansion of methamphetamine research.
Sec. 122. Methamphetamine and amphetamine treatment initiative by 
center for substance abuse treatment.
Sec. 123. Expansion of methamphetamine abuse prevention efforts.
Sec. 124. Study of methamphetamine treatment.

                          Subtitle D--Reports

Sec. 131. Reports on consumption of methamphetamine and other illicit 
drugs in rural areas, metropolitan areas, and consolidated metropolitan 
areas.
Sec. 132. Report on diversion of ordinary, over-the-counter 
pseudoephedrine and phenylpropanolamine products.

               TITLE II--CONTROLLED SUBSTANCES GENERALLY

                      Subtitle A--Criminal Matters

Sec. 201. Enhanced punishment for trafficking in list I chemicals.
Sec. 202. Mail order requirements.
Sec. 203. Theft and transportation of anhydrous ammonia for purposes of 
illicit production of controlled substances.

                       Subtitle B--Other Matters

Sec. 211. Waiver authority for physicians who dispense or prescribe 
certain narcotic drugs for maintenance treatment or detoxification 
treatment.

                        TITLE III--MISCELLANEOUS

Sec. 301. Antidrug messages on Federal government internet websites.
Sec. 302. Severability.

                 TITLE IV--CLUB DRUG ANTI-PROLIFERATION

Sec. 401. Enhanced punishment of club drug traffickers.
Sec. 402. Enhanced punishment of ghb traffickers.
Sec. 403. Emergency authority to sentencing commission.
Sec. 404. Expansion of club drug abuse prevention efforts.

 TITLE V--REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRATION OF EXPENSES 
           INCURRED TO REMEDIATE METHAMPHETAMINE LABORATORIES

Sec. 501. Reimbursement by drug enforcement administration of expenses 
incurred to remediate methamphetamine laboratories.

                     TITLE--VI-FEDERAL DRUG COURTS

Sec. 601. Establishment.
Sec. 602. Rehabilitation program.
Sec. 603. Authorization of appropriations.

   TITLE VII--STUDY OF THE EFFECT OF MANDATORY MINIMUM SENTENCES FOR 
                NONVIOLENT CONTROLLED SUBSTANCE OFFENSES

Sec. 701. Findings.
Sec. 702. Department of justice study.

                    TITLE VIII--RULE OF CONSTRUCTION

Sec. 801. Rule of construction.

      TITLE I--METHAMPHETAMINE PRODUCTION, TRAFFICKING, AND ABUSE

                     Subtitle A--Criminal Penalties

SEC. 101. ENHANCED PUNISHMENT OF AMPHETAMINE LABORATORY OPERATORS.

    (a) Amendment to Federal Sentencing Guidelines.--Pursuant to its 
authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall amend the Federal sentencing 
guidelines in accordance with this section with respect to any offense 
relating to the manufacture, importation, exportation, or trafficking 
in amphetamine (including an attempt or conspiracy to do any of the 
foregoing) in violation of--
            (1) the Controlled Substances Act (21 U.S.C. 801 et seq.);
            (2) the Controlled Substances Import and Export Act (21 
        U.S.C. 951 et seq.); or
            (3) the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
        1901 et seq.).
    (b) General Requirement.--In carrying out this section, the United 
States Sentencing Commission shall, with respect to each offense 
described in subsection (a) relating to amphetamine--
            (1) review and amend its guidelines to provide for 
        increased penalties such that those penalties are comparable to 
        the base offense level for methamphetamine; and
            (2) take any other action the Commission considers 
        necessary to carry out this subsection.
    (c) Additional Requirements.--In carrying out this section, the 
United States Sentencing Commission shall ensure that the sentencing 
guidelines for offenders convicted of offenses described in subsection 
(a) reflect the heinous nature of such offenses, the need for 
aggressive law enforcement action to fight such offenses, and the 
extreme dangers associated with unlawful activity involving 
amphetamines, including--
            (1) the rapidly growing incidence of amphetamine abuse and 
        the threat to public safety that such abuse poses;
            (2) the high risk of amphetamine addiction;
            (3) the increased risk of violence associated with 
        amphetamine trafficking and abuse; and
            (4) the recent increase in the illegal importation of 
        amphetamine and precursor chemicals.
    (d) Emergency Authority to Sentencing Commission.--The United 
States Sentencing Commission shall promulgate amendments pursuant to 
this section as soon as practicable after the date of the enactment of 
this Act in accordance with the procedure set forth in section 21(a) of 
the Sentencing Act of 1987 (Public Law 100-182), as though the 
authority under that Act had not expired.

SEC. 102. ENHANCED PUNISHMENT OF AMPHETAMINE OR METHAMPHETAMINE 
                    LABORATORY OPERATORS.

    (a) Federal Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend the Federal sentencing 
        guidelines in accordance with paragraph (2) with respect to any 
        offense relating to the manufacture, attempt to manufacture, or 
        conspiracy to manufacture amphetamine or methamphetamine in 
        violation of--
                    (A) the Controlled Substances Act (21 U.S.C. 801 et 
                seq.);
                    (B) the Controlled Substances Import and Export Act 
                (21 U.S.C. 951 et seq.); or
                    (C) the Maritime Drug Law Enforcement Act (46 
                U.S.C. App. 1901 et seq.).
            (2) Requirements.--In carrying out this paragraph, the 
        United States Sentencing Commission shall increase the offense 
        level--
                    (A) if the offense created a substantial risk of 
                harm to human life or the environment;
                    (B) if the offense created a substantial risk of 
                harm to the life of a minor or incompetent.
            (3) Emergency authority to sentencing commission.--The 
        United States Sentencing Commission shall promulgate amendments 
        pursuant to this subsection as soon as practicable after the 
        date of enactment of this Act in accordance with the procedure 
        set forth in section 21(a) of the Sentencing Act of 1987 
        (Public Law 100-182), as though the authority under that Act 
        had not expired.
    (b) Effective Date.--The amendments made pursuant to this section 
shall apply with respect to any offense occurring on or after the date 
that is 60 days after the date of enactment of this Act.

SEC. 103. MANDATORY RESTITUTION FOR VIOLATIONS OF CONTROLLED SUBSTANCES 
                    ACT AND CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT 
                    RELATING TO AMPHETAMINE AND METHAMPHETAMINE.

    (a) Mandatory Restitution.--Section 413(q) of the Controlled 
Substances Act (21 U.S.C. 853(q)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``may'' and inserting ``shall'';
            (2) by inserting ``amphetamine or'' before 
        ``methamphetamine'' each place it appears;
            (3) in paragraph (2)--
                    (A) by inserting ``, the State or local government 
                concerned, or both the United States and the State or 
                local government concerned'' after ``United States'' 
                the first place it appears; and
                    (B) by inserting ``or the State or local government 
                concerned, as the case may be,'' after ``United 
                States'' the second place it appears; and
            (4) in paragraph (3), by striking ``section 3663 of title 
        18, United States Code'' and inserting ``section 3663A of title 
        18, United States Code''.
    (b) Deposit of Amounts in Department of Justice Assets Forfeiture 
Fund.--Section 524(c)(4) of title 28, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(D) all amounts collected--
                    ``(i) by the United States pursuant to a 
                reimbursement order under paragraph (2) of section 
                413(q) of the Controlled Substances Act (21 U.S.C. 
                853(q)); and
                    ``(ii) pursuant to a restitution order under 
                paragraph (1) or (3) of section 413(q) of the 
                Controlled Substances Act for injuries to the United 
                States.''.
    (c) Clarification of Certain Orders of Restitution.--Section 
3663(c)(2)(B) of title 18, United States Code, is amended by inserting 
``which may be'' after ``the fine''.
    (d) Expansion of Applicability of Mandatory Restitution.--Section 
3663A(c)(1)(A)(ii) of title 18, United States Code, is amended by 
inserting ``or under section 416(a) of the Controlled Substances Act 
(21 U.S.C. 856(a)),'' after ``under this title,''.
    (e) Treatment of Illicit Substance Manufacturing Operations as 
Crimes Against Property.--Section 416 of the Controlled Substances Act 
(21 U.S.C. 856) is amended by adding at the end the following new 
subsection:
    ``(c) A violation of subsection (a) shall be considered an offense 
against property for purposes of section 3663A(c)(1)(A)(ii) of title 
18, United States Code.''.

SEC. 104. METHAMPHETAMINE PARAPHERNALIA.

    Section 422(d) of the Controlled Substances Act (21 U.S.C. 863(d)) 
is amended in the matter preceding paragraph (1) by inserting 
``methamphetamine,'' after ``PCP,''.

                  Subtitle B--Enhanced Law Enforcement

SEC. 111. ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL MANUFACTURE OF 
                    AMPHETAMINE AND METHAMPHETAMINE.

    (a) Use of Amounts or Department of Justice Assets Forfeiture 
Fund.--Section 524(c)(1)(E) of title 28, United States Code, is 
amended--
            (1) by inserting ``(i) for'' before ``disbursements'';
            (2) by inserting ``and'' after the semicolon; and
            (3) by adding at the end the following:
            ``(ii) for payment for--
                    ``(I) costs incurred by or on behalf of the 
                Department of Justice in connection with the removal, 
                for purposes of Federal forfeiture and disposition, of 
                any hazardous substance or pollutant or contaminant 
                associated with the illegal manufacture of amphetamine 
                or methamphetamine; and
                    ``(II) costs incurred by or on behalf of a State or 
                local government in connection with such removal in any 
                case in which such State or local government has 
                assisted in a Federal prosecution relating to 
                amphetamine or methamphetamine, to the extent such 
                costs exceed equitable sharing payments made to such 
                State or local government in such case;''.
    (b) Grants Under Drug Control and System Improvement Grant 
Program.--Section 501(b)(3) of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by inserting before the semicolon the 
following: ``and to remove any hazardous substance or pollutant or 
contaminant associated with the illegal manufacture of amphetamine or 
methamphetamine''.
    (c) Amounts Supplement and Not Supplant.--
            (1) Assets forfeiture fund.--Any amounts made available 
        from the Department of Justice Assets Forfeiture Fund in a 
        fiscal year by reason of the amendment made by subsection (a) 
        shall supplement, and not supplant, any other amounts made 
        available to the Department of Justice in such fiscal year from 
        other sources for payment of costs described in section 
        524(c)(1)(E)(ii) of title 28, United States Code, as so 
        amended.
            (2) Grant program.--Any amounts made available in a fiscal 
        year under the grant program under section 501(b)(3) of the 
        Omnibus Crime Control and Safe Streets Act of 1968 for the 
        removal of hazardous substances or pollutants or contaminants 
        associated with the illegal manufacture of amphetamine or 
        methamphetamine by reason of the amendment made by subsection 
        (b) shall supplement, and not supplant, any other amounts made 
        available in such fiscal year from other sources for such 
        removal.

SEC. 112. REDUCTION IN RETAIL SALES TRANSACTION THRESHOLD FOR NON-SAFE 
                    HARBOR PRODUCTS CONTAINING PSEUDOEPHEDRINE OR 
                    PHENYLPROPANOLAMINE.

    (a) Reduction in Transaction Threshold.--Section 102(39)(A)(iv)(II) 
of the Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)(II)) is 
amended--
            (1) by striking ``24 grams'' both places it appears and 
        inserting ``9 grams''; and
            (2) by inserting before the semicolon at the end the 
        following: ``and sold in package sizes of not more than 3 grams 
        of pseudoephedrine base or 3 grams of phenylpropanolamine 
        base''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect one year after the date of the enactment of this Act.

SEC. 113. TRAINING FOR DRUG ENFORCEMENT ADMINISTRATION AND STATE AND 
                    LOCAL LAW ENFORCEMENT PERSONNEL RELATING TO 
                    CLANDESTINE LABORATORIES.

    (a) In General.--
            (1) Requirement.--The Administrator of the Drug Enforcement 
        Administration shall carry out the programs described in 
        subsection (b) with respect to the law enforcement personnel of 
        States and localities determined by the Administrator to have 
        significant levels of methamphetamine-related or amphetamine-
        related crime or projected by the Administrator to have the 
        potential for such levels of crime in the future.
            (2) Duration.--The duration of any program under that 
        subsection may not exceed 3 years.
    (b) Covered Programs.--The programs described in this subsection 
are as follows:
            (1) Advanced mobile clandestine laboratory training 
        teams.--A program of advanced mobile clandestine laboratory 
        training teams, which shall provide information and training to 
        State and local law enforcement personnel in techniques 
        utilized in conducting undercover investigations and conspiracy 
        cases, and other information designed to assist in the 
        investigation of the illegal manufacturing and trafficking of 
        amphetamine and methamphetamine.
            (2) Basic clandestine laboratory certification training.--A 
        program of basic clandestine laboratory certification training, 
        which shall provide information and training--
                    (A) to Drug Enforcement Administration personnel 
                and State and local law enforcement personnel for 
                purposes of enabling such personnel to meet any 
                certification requirements under law with respect to 
                the handling of wastes created by illegal amphetamine 
                and methamphetamine laboratories; and
                    (B) to State and local law enforcement personnel 
                for purposes of enabling such personnel to provide the 
                information and training covered by subparagraph (A) to 
                other State and local law enforcement personnel.
            (3) Clandestine laboratory recertification and awareness 
        training.--A program of clandestine laboratory recertification 
        and awareness training, which shall provide information and 
        training to State and local law enforcement personnel for 
        purposes of enabling such personnel to provide recertification 
        and awareness training relating to clandestine laboratories to 
        additional State and local law enforcement personnel.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2001, 2002, and 2003 amounts as 
follows:
            (1) $1,500,000 to carry out the program described in 
        subsection (b)(1).
            (2) $3,000,000 to carry out the program described in 
        subsection (b)(2).
            (3) $1,000,000 to carry out the program described in 
        subsection (b)(3).

SEC. 114. COMBATTING METHAMPHETAMINE AND AMPHETAMINE IN HIGH INTENSITY 
                    DRUG TRAFFICKING AREAS.

    (a) In General.--
            (1) In general.--The Director of National Drug Control 
        Policy shall use amounts available under this section to combat 
        the trafficking of methamphetamine and amphetamine in areas 
        designated by the Director as high intensity drug trafficking 
        areas.
            (2) Activities.--In meeting the requirement in paragraph 
        (1), the Director shall transfer funds to appropriate Federal, 
        State, and local governmental agencies for employing additional 
        Federal law enforcement personnel, or facilitating the 
        employment of additional State and local law enforcement 
        personnel, including agents, investigators, prosecutors, 
        laboratory technicians, chemists, investigative assistants, and 
        drug-prevention specialists.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            (1) $15,000,000 for fiscal year 2001; and
            (2) such sums as may be necessary for each of fiscal years 
        2001 through 2004.
    (c) Apportionment of Funds.--
            (1) Factors in apportionment.--The Director shall apportion 
        amounts appropriated for a fiscal year pursuant to the 
        authorization of appropriations in subsection (b) for 
        activities under subsection (a) among and within areas 
        designated by the Director as high intensity drug trafficking 
        areas based on the following factors:
                    (A) The number of methamphetamine manufacturing 
                facilities and amphetamine manufacturing facilities 
                discovered by Federal, State, or local law enforcement 
                officials in the previous fiscal year.
                    (B) The number of methamphetamine prosecutions and 
                amphetamine prosecutions in Federal, State, or local 
                courts in the previous fiscal year.
                    (C) The number of methamphetamine arrests and 
                amphetamine arrests by Federal, State, or local law 
                enforcement officials in the previous fiscal year.
                    (D) The amounts of methamphetamine, amphetamine, or 
                listed chemicals (as that term is defined in section 
                102(33) of the Controlled Substances Act (21 U.S.C. 
                802(33)) seized by Federal, State, or local law 
                enforcement officials in the previous fiscal year.
                    (E) Intelligence and predictive data from the Drug 
                Enforcement Administration and the Department of Health 
                and Human Services showing patterns and trends in 
                abuse, trafficking, and transportation in 
                methamphetamine, amphetamine, and listed chemicals (as 
                that term is so defined).
            (2) Certification.--Before the Director apportions any 
        funds under this subsection to a high intensity drug 
        trafficking area, the Director shall certify that the law 
        enforcement entities responsible for clandestine 
        methamphetamine and amphetamine laboratory seizures in that 
        area are providing laboratory seizure data to the national 
        clandestine laboratory database at the El Paso Intelligence 
        Center.
    (d) Limitation on Administrative Costs.--Not more than 5 percent of 
the amount appropriated in a fiscal year pursuant to the authorization 
of appropriations for that fiscal year in subsection (b) may be 
available in that fiscal year for administrative costs associated with 
activities under subsection (a).

SEC. 115. COMBATING AMPHETAMINE AND METHAMPHETAMINE MANUFACTURING AND 
                    TRAFFICKING.

    (a) Activities.--In order to combat the illegal manufacturing and 
trafficking in amphetamine and methamphetamine, the Administrator of 
the Drug Enforcement Administration may--
            (1) assist State and local law enforcement in small and 
        mid-sized communities in all phases of investigations related 
        to such manufacturing and trafficking, including assistance 
        with foreign-language interpretation;
            (2) staff additional regional enforcement and mobile 
        enforcement teams related to such manufacturing and 
        trafficking;
            (3) establish additional resident offices and posts of duty 
        to assist State and local law enforcement in rural areas in 
        combating such manufacturing and trafficking;
            (4) provide the Special Operations Division of the 
        Administration with additional agents and staff to collect, 
        evaluate, interpret, and disseminate critical intelligence 
        targeting the command and control operations of major 
        amphetamine and methamphetamine manufacturing and trafficking 
        organizations;
            (5) enhance the investigative and related functions of the 
        Chemical Control Program of the Administration to implement 
        more fully the provisions of the Comprehensive Methamphetamine 
        Control Act of 1996 (Public Law 104-237);
            (6) design an effective means of requiring an accurate 
        accounting of the import and export of list I chemicals, and 
        coordinate investigations relating to the diversion of such 
        chemicals;
            (7) develop a computer infrastructure sufficient to 
        receive, process, analyze, and redistribute time-sensitive 
        enforcement information from suspicious order reporting to 
        field offices of the Administration and other law enforcement 
        and regulatory agencies, including the continuing development 
        of the Suspicious Order Reporting and Tracking System (SORTS) 
        and the Chemical Transaction Database (CTRANS) of the 
        Administration;
            (8) establish an education, training, and communication 
        process in order to alert the industry to current trends and 
        emerging patterns in the illegal manufacturing of amphetamine 
        and methamphetamine; and
            (9) carry out such other activities as the Administrator 
        considers appropriate.
    (b) Additional Positions and Personnel.--
            (1) In general.--In carrying out activities under 
        subsection (a), the Administrator may establish in the 
        Administration not more than 50 full-time positions, including 
        not more than 31 special-agent positions, and may appoint 
        personnel to such positions.
            (2) Particular positions.--In carrying out activities under 
        paragraphs (5) through (8) of subsection (a), the Administrator 
        may establish in the Administration not more than 15 full-time 
        positions, including not more than 10 diversion investigator 
        positions, and may appoint personnel to such positions. Any 
        positions established under this paragraph are in addition to 
        any positions established under paragraph (1).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for the Drug Enforcement Administration for each fiscal 
year after fiscal year 1999, $9,500,000 for purposes of carrying out 
the activities authorized by subsection (a) and employing personnel in 
positions established under subsection (b), of which $3,000,000 shall 
be available for activities under paragraphs (5) through (8) of 
subsection (a) and for employing personnel in positions established 
under subsection (b)(2).

               Subtitle C--Abuse Prevention and Treatment

SEC. 121. EXPANSION OF METHAMPHETAMINE RESEARCH.

    Section 464N of the Public Health Service Act (42 U.S.C. 285o-2) is 
amended by adding at the end the following:
    ``(c) Methamphetamine Research.--
            ``(1) Grants or cooperative agreements.--The Director of 
        the Institute may make grants or enter into cooperative 
        agreements to expand the current and on-going interdisciplinary 
        research and clinical trials with treatment centers of the 
        National Drug Abuse Treatment Clinical Trials Network relating 
        to methamphetamine abuse and addiction and other biomedical, 
        behavioral, and social issues related to methamphetamine abuse 
        and addiction.
            ``(2) Use of funds.--Amounts made available under a grant 
        or cooperative agreement under paragraph (1) for 
        methamphetamine abuse and addiction may be used for research 
        and clinical trials relating to--
                    ``(A) the effects of methamphetamine abuse on the 
                human body, including the brain;
                    ``(B) the addictive nature of methamphetamine and 
                how such effects differ with respect to different 
                individuals;
                    ``(C) the connection between methamphetamine abuse 
                and mental health;
                    ``(D) the identification and evaluation of the most 
                effective methods of prevention of methamphetamine 
                abuse and addiction;
                    ``(E) the identification and development of the 
                most effective methods of treatment of methamphetamine 
                addiction, including pharmacological treatments;
                    ``(F) risk factors for methamphetamine abuse;
                    ``(G) effects of methamphetamine abuse and 
                addiction on pregnant women and their fetuses; and
                    ``(H) cultural, social, behavioral, neurological 
                and psychological reasons that individuals abuse 
                methamphetamine, or refrain from abusing 
                methamphetamine.
            ``(3) Research results.--The Director shall promptly 
        disseminate research results under this subsection to Federal, 
        State and local entities involved in combating methamphetamine 
        abuse and addiction.
            ``(4) Authorization of appropriations.--
                    ``(A) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out paragraph 
                (1), such sums as may be necessary for each fiscal 
                year.
                    ``(B) Supplement not supplant.--Amounts 
                appropriated pursuant to the authorization of 
                appropriations in subparagraph (A) for a fiscal year 
                shall supplement and not supplant any other amounts 
                appropriated in such fiscal year for research on 
                methamphetamine abuse and addiction.''.

SEC. 122. METHAMPHETAMINE AND AMPHETAMINE TREATMENT INITIATIVE BY 
                    CENTER FOR SUBSTANCE ABUSE TREATMENT.

    Subpart 1 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb et seq.) is amended by adding at the end the following new 
section:
         ``methamphetamine and amphetamine treatment initiative
    ``Sec. 514. (a) Grants.--
            ``(1) Authority to make grants.--The Director of the Center 
        for Substance Abuse Treatment may make grants to States and 
        Indian tribes recognized by the United States that have a high 
        rate, or have had a rapid increase, in methamphetamine or 
        amphetamine abuse or addiction in order to permit such States 
        and Indian tribes to expand activities in connection with the 
        treatment of methamphetamine or amphetamine abuser or addiction 
        in the specific geographical areas of such States or Indian 
        tribes, as the case may be, where there is such a rate or has 
        been such an increase.
            ``(2) Recipients.--Any grants under paragraph (1) shall be 
        directed to the substance abuse directors of the States, and of 
        the appropriate tribal government authorities of the Indian 
        tribes, selected by the Director to receive such grants.
            ``(3) Nature of activities.--Any activities under a grant 
        under paragraph (1) shall be based on reliable scientific 
        evidence of their efficacy in the treatment of methamphetamine 
        or amphetamine abuse or addiction.
    ``(b) Geographic Distribution.--The Director shall ensure that 
grants under subsection (a) are distributed equitably among the various 
regions of the country and among rural, urban, and suburban areas that 
are affected by methamphetamine or amphetamine abuse or addiction.
    ``(c) Additional Activities.--The Director shall--
            ``(1) evaluate the activities supported by grants under 
        subsection (a);
            ``(2) disseminate widely such significant information 
        derived from the evaluation as the Director considers 
        appropriate to assist States, Indian tribes, and private 
        providers of treatment services for methamphetamine or 
        amphetamine abuser or addiction in the treatment of 
        methamphetamine or amphetamine abuse or addiction; and
            ``(3) provide States, Indian tribes, and such providers 
        with technical assistance in connection with the provision of 
        such treatment.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section $10,000,000 for fiscal year 2001 and 
        such sums as may be necessary for each of fiscal years 2002 and 
        2003.
            ``(2) Use of certain funds.--Of the funds appropriated to 
        carry out this section in any fiscal year, the lesser of 5 
        percent of such funds or $1,000,000 shall be available to the 
        Director for purposes of carrying out subsection (c).''.

SEC. 123. EXPANSION OF METHAMPHETAMINE ABUSE PREVENTION EFFORTS.

    (a) Expansion of Efforts.--Section 515 of the Public Health Service 
Act (42 U.S.C. 290bb-21) is amended by adding at the end the following:
    ``(e)(1) The Administrator may make grants to and enter into 
contracts and cooperative agreements with public and nonprofit private 
entities to enable such entities--
            ``(A) to carry out school-based programs concerning the 
        dangers of abuse of and addiction to methamphetamine and other 
        illicit drugs, using methods that are effective and science-
        based, including initiatives that give students the 
        responsibility to create their own anti-drug abuse education 
        programs for their schools; and
            ``(B) to carry out community-based abuse and addiction 
        prevention programs relating to methamphetamine and other 
        illicit drugs that are effective and science-based.
    ``(2) Amounts made available under a grant, contract or cooperative 
agreement under paragraph (1) shall be used for planning, establishing, 
or administering prevention programs relating to methamphetamine and 
other illicit drugs in accordance with paragraph (3).
    ``(3)(A) Amounts provided under this subsection may be used--
            ``(i) to carry out school-based programs that are focused 
        on those districts with high or increasing rates of 
        methamphetamine abuse and addiction and targeted at populations 
        which are most at risk to start abuse of methamphetamine and 
        other illicit drugs;
            ``(ii) to carry out community-based prevention programs 
        that are focused on those populations within the community that 
        are most at-risk for abuse of and addiction to methamphetamine 
        and other illicit drugs;
            ``(iii) to assist local government entities to conduct 
        appropriate prevention activities relating to methamphetamine 
        and other illicit drugs;
            ``(iv) to train and educate State and local law enforcement 
        officials, prevention and education officials, members of 
        community anti-drug coalitions and parents on the signs of 
        abuse of and addiction to methamphetamine and other illicit 
        drugs, and the options for treatment and prevention;
            ``(v) for planning, administration, and educational 
        activities related to the prevention of abuse of and addiction 
        to methamphetamine and other illicit drugs;
            ``(vi) for the monitoring and evaluation of prevention 
        activities relating to methamphetamine and other illicit drugs, 
        and reporting and disseminating resulting information to the 
        public; and
            ``(vii) for targeted pilot programs with evaluation 
        components to encourage innovation and experimentation with new 
        methodologies.
    ``(B) The Administrator shall give priority in making grants under 
this subsection to rural and urban areas that are experiencing a high 
rate or rapid increases in methamphetamine abuse and addiction.
    ``(4)(A) Not less than $500,000 of the amount available in each 
fiscal year to carry out this subsection shall be made available to the 
Administrator, acting in consultation with other Federal agencies, to 
support and conduct periodic analyses and evaluations of effective 
prevention programs for abuse of and addiction to methamphetamine and 
other illicit drugs and the development of appropriate strategies for 
disseminating information about and implementing these programs.
    ``(B) The Administrator shall submit to the committees of Congress 
referred to in subparagraph (C) an annual report with the results of 
the analyses and evaluation under subparagraph (A).
    ``(C) The committees of Congress referred to in this subparagraph 
are the following:
            ``(i) The Committees on Health, Education, Labor, and 
        Pensions, the Judiciary, and Appropriations of the Senate.
            ``(ii) The Committees on Commerce, the Judiciary, and 
        Appropriations of the House of Representatives.''.
    (b) Authorization of Appropriations for Expansion of Abuse 
Prevention Efforts and Practitioner Registration Requirements.--There 
is authorized to be appropriated to carry out section 515(e) of the 
Public Health Service Act (as added by subsection (a)) and section 
303(g)(2) of the Controlled Substances Act (as added by section 
211(a)(5) of this Act), $15,000,000 for fiscal year 2001, and such sums 
as may be necessary for each succeeding fiscal year.

SEC. 124. STUDY OF METHAMPHETAMINE TREATMENT.

    (a) Study.--
            (1) Requirement.--The Secretary of Health and Human 
        Services shall, in consultation with the Institute of Medicine 
        of the National Academy of Sciences, conduct a study on the 
        development of medications for the treatment of addiction to 
        amphetamine and methamphetamine.
            (2) Report.--Not later than nine months after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        Committees on the Judiciary of the Senate and House of 
        Representatives a report on the results of the study conducted 
        under paragraph (1).
    (b) Authorization of Appropriations.--There are hereby authorized 
to be appropriated for the Department of Health and Human Services for 
fiscal year 2001 such sums as may be necessary to meet the requirements 
of subsection (a).

                          Subtitle D--Reports

SEC. 131. REPORTS ON CONSUMPTION OF METHAMPHETAMINE AND OTHER ILLICIT 
                    DRUGS IN RURAL AREAS, METROPOLITAN AREAS, AND 
                    CONSOLIDATED METROPOLITAN AREAS.

    The Secretary of Health and Human Services shall include in each 
National Household Survey on Drug Abuse appropriate prevalence data and 
information on the consumption of methamphetamine and other illicit 
drugs in rural areas, metropolitan areas, and consolidated metropolitan 
areas.

SEC. 132. REPORT ON DIVERSION OF ORDINARY, OVER-THE-COUNTER 
                    PSEUDOEPHEDRINE AND PHENYLPROPANOLAMINE PRODUCTS.

    (a) Study.--The Attorney General shall conduct a study of the use 
of ordinary, over-the-counter pseudoephedrine and phenylpropanolamine 
products in the clandestine production of illicit drugs. Sources of 
data for the study shall include the following:
            (1) Information from Federal, State, and local clandestine 
        laboratory seizures and related investigations identifying the 
        source, type, or brand of drug products being utilized and how 
        they were obtained for the illicit production of 
        methamphetamine and amphetamine.
            (2) Information submitted voluntarily from the 
        pharmaceutical and retail industries involved in the 
        manufacture, distribution, and sale of drug products containing 
        ephedrine, pseudoephedrine, and phenylpropanolamine, including 
        information on changes in the pattern, volume, or both, of 
        sales of ordinary, over-the-counter pseudoephedrine and 
        phenylpropanolamine products.
    (b) Report.--
            (1) Requirement.--Not later than one year after the date of 
        the enactment of this Act, the Attorney General shall submit to 
        Congress a report on the study conducted under subsection (a).
            (2) Elements.--The report shall include--
                    (A) the findings of the Attorney General as a 
                result of the study; and
                    (B) such recommendations on the need to establish 
                additional measures to prevent diversion of ordinary, 
                over-the-counter pseudoephedrine and 
                phenylpropanolamine (such as a threshold on ordinary, 
                over-the-counter pseudoephedrine and 
                phenylpropanolamine products) as the Attorney General 
                considers appropriate.
            (3) Matters considered.--In preparing the report, the 
        Attorney General shall consider the comments and 
        recommendations including the comments on the Attorney 
        General's proposed findings and recommendations, of State and 
        local law enforcement and regulatory officials and of 
        representatives of the industry described in subsection (a)(2).
    (c) Regulation of Retail Sales.--
            (1) In general.--Notwithstanding section 401(d) of the 
        Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 
        802 note) and subject to paragraph (2), the Attorney General 
        shall establish by regulation a single-transaction limit of not 
        less than 24 grams of ordinary, over-the-counter 
        pseudoephedrine or phenylpropanolamine (as the case may be) for 
        retail distributors, if the Attorney General finds, in the 
        report under subsection (b), that--
                    (A) there is a significant number of instances (as 
                set forth in paragraph (3)(A) of such section 401(d) 
                for purposes of such section) where ordinary, over-the-
                counter pseudoephedrine products, phenylpropanolamine 
                products, or both such products that were purchased 
                from retail distributors were widely used in the 
                clandestine production of illicit drugs; and
                    (B) the best practical method of preventing such 
                use is the establishment of single-transaction limits 
                for retail distributors of either or both of such 
                products.
            (2) Due process.--The Attorney General shall establish the 
        single-transaction limit under paragraph (1) only after notice, 
        comment, and an informal hearing.

               TITLE II--CONTROLLED SUBSTANCES GENERALLY

                      Subtitle A--Criminal Matters

SEC. 201. ENHANCED PUNISHMENT FOR TRAFFICKING IN LIST I CHEMICALS.

    (a) Amendments to Federal Sentencing Guidelines.--Pursuant to its 
authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall amend the Federal sentencing 
guidelines in accordance with this section with respect to any 
violation of paragraph (1) or (2) of section 401(d) of the Controlled 
Substances Act (21 U.S.C. 841(d)) involving a list I chemical and any 
violation of paragraph (1) or (3) of section 1010(d) of the Controlled 
Substance Import and Export Act (21 U.S.C. 960(d)) involving a list I 
chemical.
    (b) Ephedrine, Phenylpropanolamine, and Pseudoephedrine.--
            (1) In general.--In carrying this section, the United 
        States Sentencing Commission shall, with respect to each 
        offense described in subsection (a) involving ephedrine, 
        phenylpropanolamine, or pseudoephedrine (including their salts, 
        optical isomers, and salts of optical isomers), review and 
        amend its guidelines to provide for increased penalties such 
        that those penalties corresponded to the quantity of controlled 
        substance that could reasonably have been manufactured using 
        the quantity of ephedrine, phenylpropanolamine, or 
        pseudoephedrine possessed or distributed.
            (2) Conversion ratios.--For the purposes of the amendments 
        made by this subsection, the quantity of controlled substance 
        that could reasonably have been manufactured shall be 
        determined by using a table of manufacturing conversion ratios 
        for ephedrine, phenylpropanolamine, and pseudoephedrine, which 
        table shall be established by the Sentencing Commission based 
        on scientific, law enforcement, and other data the Sentencing 
        Commission considers appropriate.
    (c) Other List I Chemicals.--In carrying this section, the United 
States Sentencing Commission shall, with respect to each offense 
described in subsection (a) involving any list I chemical other than 
ephedrine, phenylpropanolamine, or pseudoephedrine, review and amend 
its guidelines to provide for increased penalties such that those 
penalties reflect the dangerous nature of such offenses, the need for 
aggressive law enforcement action to fight such offenses, and the 
extreme dangers associated with unlawful activity involving 
methamphetamine and amphetamine, including--
            (1) the rapidly growing incidence of controlled substance 
        manufacturing;
            (2) the extreme danger inherent in manufacturing controlled 
        substances;
            (3) the threat to public safety posed by manufacturing 
        controlled substances; and
            (4) the recent increase in the importation, possession, and 
        distribution of list I chemicals for the purpose of 
        manufacturing controlled substances.
    (d) Emergency Authority to Sentencing Commission.--The United 
States Sentencing Commission shall promulgate amendments pursuant to 
this section as soon as practicable after the date of the enactment of 
this Act in accordance with the procedure set forth in section 21(a) of 
the Sentencing Act of 1987 (Public Law 100-182), as though the 
authority under that Act had not expired.

SEC. 202. MAIL ORDER REQUIREMENTS.

    Section 310(b)(3) of the Controlled Substances Act (21 U.S.C. 
830(b)(3)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively;
            (2) by inserting before subparagraph (B), as so 
        redesignated, the following new subparagraph (A):
        ``(A) As used in this paragraph:
                    ``(i) The term `drug product' means an active 
                ingredient in dosage form that has been approved or 
                otherwise may be lawfully marketed under the Food, 
                Drug, and Cosmetic Act for distribution in the United 
                States.
                    ``(ii) The term `valid prescription' means a 
                prescription which is issued for a legitimate medical 
                purpose by an individual practitioner licensed by law 
                to administer and prescribe the drugs concerned and 
                acting in the usual course of the practitioner's 
                professional practice.'';
            (3) in subparagraph (B), as so redesignated, by inserting 
        ``or who engages in an export transaction'' after 
        ``nonregulated person''; and
            (4) adding at the end the following:
            ``(D) Except as provided in subparagraph (E), the following 
        distributions to a nonregulated person, and the following 
        export transactions, shall not be subject to the reporting 
        requirement in subparagraph (B):
                    ``(i) Distributions of sample packages of drug 
                products when such packages contain not more than 2 
                solid dosage units or the equivalent of 2 dosage units 
                in liquid form, not to exceed 10 milliliters of liquid 
                per package, and not more than one package is 
                distributed to an individual or residential address in 
                any 30-day period.
                    ``(ii) Distributions of drug products by retail 
                distributors that may not include face-to-face 
                transactions to the extent that such distributions are 
                consistent with the activities authorized for a retail 
                distributor as specified in section 102(46).
                    ``(iii) Distributions of drug products to a 
                resident of a long term care facility (as that term is 
                defined in regulations prescribed by the Attorney 
                General) or distributions of drug products to a long 
                term care facility for dispensing to or for use by a 
                resident of that facility.
                    ``(iv) Distributions of drug products pursuant to a 
                valid prescription.
                    ``(v) Exports which have been reported to the 
                Attorney General pursuant to section 1004 or 1018 or 
                which are subject to a waiver granted under section 
                1018(e)(2).
                    ``(vi) Any quantity, method, or type of 
                distribution or any quantity, method, or type of 
                distribution of a specific listed chemical (including 
                specific formulations or drug products) or of a group 
                of listed chemicals (including specific formulations or 
                drug products) which the Attorney General has excluded 
                by regulation from such reporting requirement on the 
                basis that such reporting is not necessary for the 
                enforcement of this title or title III.
            ``(E) The Attorney General may revoke any or all of the 
        exemptions listed in subparagraph (D) for an individual 
        regulated person if he finds that drug products distributed by 
        the regulated person are being used in violation of this title 
        or title III. The regulated person shall be notified of the 
        revocation, which will be effective upon receipt by the person 
        of such notice, as provided in section 1018(c)(1), and shall 
        have the right to an expedited hearing as provided in section 
        1018(c)(2).''.

SEC. 203. THEFT AND TRANSPORTATION OF ANHYDROUS AMMONIA FOR PURPOSES OF 
                    ILLICIT PRODUCTION OF CONTROLLED SUBSTANCES.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
841 et seq.) is amended by adding at the end the following:
                          ``anhydrous ammonia
    ``Sec. 423. (a) It is unlawful for any person--
            ``(1) to steal anhydrous ammonia, or
            ``(2) to transport stolen anhydrous ammonia across State 
        lines,
knowing, intending, or having reasonable cause to believe that such 
anhydrous ammonia will be used to manufacture a controlled substance in 
violation of this part.
    ``(b) Any person who violates subsection (a) shall be imprisoned or 
fined, or both, in accordance with section 403(d) as if such violation 
were a violation of a provision of section 403.''.
    (b) Clerical Amendment.--The table of contents for that Act is 
amended by inserting after the item relating to section 421 the 
following new items:

``Sec. 422. Drug paraphernalia.
``Sec. 423. Anhydrous ammonia.''.
    (c) Assistance for Certain Research.--
            (1) Agreement.--The Administrator of the Drug Enforcement 
        Administration shall seek to enter into an agreement with Iowa 
        State University in order to permit the University to continue 
        and expand its current research into the development of inert 
        agents that, when added to anhydrous ammonia, eliminate the 
        usefulness of anhydrous ammonia as an ingredient in the 
        production of methamphetamine.
            (2) Reimbursable provision of funds.--The agreement under 
        paragraph (1) may provide for the provision to Iowa State 
        University, on a reimbursable basis, of $500,000 for purposes 
        the activities specified in that paragraph.
            (3) Authorization of appropriations.--There is hereby 
        authorized to be appropriated for the Drug Enforcement 
        Administration for fiscal year 2001, $500,000 for purposes of 
        carrying out the agreement under this subsection.

                       Subtitle B--Other Matters

SEC. 211. WAIVER AUTHORITY FOR PHYSICIANS WHO DISPENSE OR PRESCRIBE 
                    CERTAIN NARCOTIC DRUGS FOR MAINTENANCE TREATMENT OR 
                    DETOXIFICATION TREATMENT.

    (a) Requirements.--Section 303(g) of the Controlled Substances Act 
(21 U.S.C. 823(g)) is amended--
            (1) in paragraph (2), by striking ``(A) security'' and 
        inserting ``(i) security'', and by striking ``(B) the 
        maintenance'' and inserting ``(ii) the maintenance'';
            (2) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively;
            (3) by inserting ``(1)'' after ``(g)'';
            (4) by striking ``Practitioners who dispense'' and 
        inserting ``Except as provided in paragraph (2), practitioners 
        who dispense or prescribe''; and
            (5) by adding at the end the following:
    ``(2)(A) Subject to subparagraph (D), the requirements of paragraph 
(1) are waived in the case of the dispensing or prescribing, by a 
physician, of narcotic drugs in schedule III, IV, or V, or combinations 
of such drugs, if the physician meets the conditions specified in 
subparagraph (B) and the narcotic drugs or combinations of such drugs 
meet the conditions specified in subparagraph (C).
    ``(B)(i) For purposes of subparagraph (A), the conditions specified 
in this subparagraph with respect to a physician are that, before 
initially dispensing or prescribing narcotic drugs in schedule III, IV, 
or V, or combinations of such drugs, to patients for maintenance or 
detoxification treatment, the physician submit to the Secretary and the 
Attorney General a notification of the intent of the physician to begin 
dispensing or prescribing the drugs or combinations for such purpose, 
and that the notification to the Secretary also contain the following 
certifications by the physician:
            ``(I) The physician--
                    ``(aa) is a physician licensed under State law; and
                    ``(bb) has training or experience and the ability 
                to treat and manage opiate-dependent patients.
            ``(II) With respect to patients to whom the physician will 
        provide such drugs or combinations of drugs, the physician has 
        the capacity to refer the patients for appropriate counseling 
        and other appropriate ancillary services.
            ``(III) In any case in which the physician is not in a 
        group practice, the total number of such patients of the 
        physician at any one time will not exceed the applicable 
        number. For purposes of this subclause, the applicable number 
        is 30, except that the Secretary may by regulation change such 
        total number.
            ``(IV) In any case in which the physician is in a group 
        practice, the total number of such patients of the group 
        practice at any one time will not exceed the applicable number. 
        For purposes of this subclause, the applicable number is 30, 
        except that the Secretary may by regulation change such total 
        number, and the Secretary for such purposes may by regulation 
        establish different categories on the basis of the number of 
        physicians in a group practice and establish for the various 
        categories different numerical limitations on the number of 
        such patients that the group practice may have.
    ``(ii)(I) The Secretary may, in consultation with the Administrator 
of the Drug Enforcement Administration, the Administrator of the 
Substance Abuse and Mental Health Services Administration, the Director 
of the Center for Substance Abuse Treatment, the Director of the 
National Institute on Drug Abuse, and the Commissioner of Food and 
Drugs, issue regulations through notice and comment rulemaking or 
practice guidelines to address the following:
            ``(aa) Approval of additional credentialing bodies and the 
        responsibilities of additional credentialing bodies.
            ``(bb) Additional exemptions from the requirements of this 
        paragraph and any regulations under this paragraph.
    ``(II) Nothing in the regulations or practice guidelines under this 
clause may authorize any Federal official or employee to exercise 
supervision or control over the practice of medicine or the manner in 
which medical services are provided.
    ``(III)(aa) The Secretary shall issue a Treatment Improvement 
Protocol containing best practice guidelines for the treatment and 
maintenance of opiate-dependent patients. The Secretary shall develop 
the protocol in consultation with the Director of the National 
Institute on Drug Abuse, the Director of the Center for Substance Abuse 
Treatment, the Administrator of the Drug Enforcement Administration, 
the Commissioner of Food and Drugs, the Administrator of the Substance 
Abuse and Mental Health Services Administration, and other substance 
abuse disorder professionals. The protocol shall be guided by science.
    ``(bb) The protocol shall be issued not later than 120 days after 
the date of the enactment of the Methamphetamine and Club Drug Anti-
Proliferation Act of 2000.
    ``(IV) For purposes of the regulations or practice guidelines under 
subclause (I), a physician shall have training or experience under 
clause (i)(I)(bb) if the physician meets one or more of the following 
conditions:
            ``(aa) The physician is certified in addiction treatment by 
        the American Society of Addiction Medicine, the American Board 
        of Medical Specialties, the American Osteopathic Academy of 
        Addiction Medicine, or any other certified body accredited by 
        the Secretary.
            ``(bb) The physician has been a clinical investigator in a 
        clinical trial conducted for purposes of securing approval 
        under section 505 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 355) or section 351 of the Public Health Service Act 
        (42 U.S.C. 262) of a narcotic drug in schedule III, IV, or V 
        for the treatment of addiction, if such approval was granted.
            ``(cc) The physician has completed training (through 
        classroom situations, seminars, professional society meetings, 
        electronic communications, or otherwise) provided by the 
        American Society of Addiction Medicine, the American Academy of 
        Addiction Psychiatry, the American Osteopathic Academy of 
        Addiction Medicine, the American Medical Association, the 
        American Osteopathic Association, the American Psychiatric 
        Association, or any other organization that the Secretary 
        determines appropriate for purposes of this item. The curricula 
        may include training in patient need for counseling regarding 
        HIV, Hepatitis C, and other infectious diseases, substance 
        abuse counseling, random drug testing, medical evaluation, 
        annual assessment, prenatal care, diagnosis of addiction, 
        rehabilitation services, confidentiality, and other appropriate 
        topics.
            ``(dd) The physician has training or experience in the 
        treatment and management of opiate-dependent patients, which 
        training or experience shall meet such criteria as the 
        Secretary may prescribe. Any such criteria shall be effective 
        for a period of three years after the effective date of such 
        criteria, but the Secretary may extend the effective period of 
        such criteria by additional periods of three years for each 
        extension if the Secretary determines that such extension is 
        appropriate for purposes of this item. Any such extension shall 
        go into effect only if the Secretary publishes a notice of such 
        extension in the Federal Register during the 30-day period 
        ending on the date of the end of the three-year effective 
        period of such criteria to which such extension will apply.
            ``(ee) The physician is certified in addiction treatment by 
        a State medical licensing board, or an entity accredited by 
        such board, unless the Secretary determines (after an 
        opportunity for a hearing) that the training provided by such 
        board or entity was inadequate for the treatment and management 
        of opiate-dependent patients.
    ``(C) For purposes of subparagraph (A), the conditions specified in 
this subparagraph with respect to narcotic drugs in schedule III, IV, 
or V, or combinations of such drugs, are as follows:
            ``(i) The drugs or combinations of drugs have, under the 
        Federal Food, Drug and Cosmetic Act or section 351 of the 
        Public Health Service Act, been approved for use in maintenance 
        or detoxification treatment.
            ``(ii) The drugs or combinations of drugs have not been the 
        subject of an adverse determination. For purposes of this 
        clause, an adverse determination is a determination published 
        in the Federal Register and made by the Secretary, after 
        consultation with the Attorney General, that experience since 
        the approval of the drug or combinations of drugs has shown 
        that the use of the drugs or combinations of drugs for 
        maintenance or detoxification treatment requires additional 
        standards respecting the qualifications of physicians to 
        provide such treatment, or requires standards respecting the 
        quantities of the drugs that may be provided for unsupervised 
        use.
    ``(D)(i) A waiver under subparagraph (A) with respect to a 
physician is not in effect unless (in addition to conditions under 
subparagraphs (B) and (C)) the following conditions are met:
            ``(I) The notification under subparagraph (B) is in writing 
        and states the name of the physician.
            ``(II) The notification identifies the registration issued 
        for the physician pursuant to subsection (f).
            ``(III) If the physician is a member of a group practice, 
        the notification states the names of the other physicians in 
        the practice and identifies the registrations issued for the 
        other physicians pursuant to subsection (f).
            ``(IV) A period of 45 days has elapsed after the date on 
        which the notification was submitted, and during such period 
        the physician does not receive from the Secretary a written 
        notice that one or more of the conditions specified in 
        subparagraph (B), subparagraph (C), or this subparagraph, have 
        not been met.
    ``(ii) The Secretary shall provide to the Attorney General such 
information contained in notifications under subparagraph (B) as the 
Attorney General may request.
    ``(E) If in violation of subparagraph (A) a physician dispenses or 
prescribes narcotic drugs in schedule III, IV, or V, or combinations of 
such drugs, for maintenance treatment or detoxification treatment, the 
Attorney General may, for purposes of section 304(a)(4), consider the 
physician to have committed an act that renders the registration of the 
physician pursuant to subsection (f) to be inconsistent with the public 
interest.
    ``(F)(i) Upon determining that a physician meets the conditions 
specified in subparagraph (B), the Secretary shall notify the physician 
and the Attorney General.
    ``(ii) Upon receiving notice with respect to a physician under 
clause (i), the Attorney General shall assign the physician an 
identification number under this paragraph for inclusion with the 
physician's current registration to prescribe narcotics. An 
identification number assigned a physician under this clause shall be 
appropriate to preserve the confidentiality of a patient prescribed 
narcotic drugs covered by this paragraph by the physician.
    ``(iii) If the Secretary fails to make a determination described in 
clause (i) by the end of the 45-day period beginning on the date of the 
receipt by the Secretary of a notification from a physician under 
subparagraph (B), the Attorney General shall assign the physician an 
identification number described in clause (ii) at the end of such 
period.
    ``(G) In this paragraph:
            ``(i) The term `group practice' has the meaning given such 
        term in section 1877(h)(4) of the Social Security Act.
            ``(ii) The term `physician' has the meaning given such term 
        in section 1861(r) of the Social Security Act.
    ``(H)(i) This paragraph takes effect on the date of the enactment 
of the Methamphetamine and Club Drug Anti-Proliferation Act of 2000, 
and remains in effect thereafter except as provided in clause (iii) 
(relating to a decision by the Secretary or the Attorney General that 
this paragraph should not remain in effect).
    ``(ii) For the purposes relating to clause (iii), the Secretary and 
the Attorney General shall, during the 3-year period beginning on the 
date of the enactment of the Methamphetamine and Club Drug Anti-
Proliferation Act of 2000, make determinations in accordance with the 
following:
            ``(I)(aa) The Secretary shall--
                    ``(aaa) make a determination of whether treatments 
                provided under waivers under subparagraph (A) have been 
                effective forms of maintenance treatment and 
                detoxification treatment in clinical settings;
                    ``(bbb) make a determination regarding whether such 
                waivers have significantly increased (relative to the 
                beginning of such period) the availability of 
                maintenance treatment and detoxification treatment; and
                    ``(ccc) make a determination regarding whether such 
                waivers have adverse consequences for the public 
                health.
            ``(bb) In making determinations under this subclause, the 
        Secretary--
                    ``(aaa) may collect data from the practitioners for 
                whom waivers under subparagraph (A) are in effect;
                    ``(bbb) shall issue appropriate guidelines or 
                regulations (in accordance with procedures for 
                substantive rules under section 553 of title 5, United 
                States Code) specifying the scope of the data that will 
                be required to be provided under this subclause and the 
                means through which the data will be collected; and
                    ``(ccc) shall, with respect to collecting such 
                data, comply with applicable provisions of chapter 6 of 
                title 5, United States Code (relating to a regulatory 
                flexibility analysis), and of chapter 8 of such title 
                (relating to congressional review of agency 
                rulemaking).
            ``(II) The Attorney General shall--
                    ``(aa) make a determination of the extent to which 
                there have been violations of the numerical limitations 
                established under subparagraph (B) for the number of 
                individuals to whom a practitioner may provide 
                treatment; and
                    ``(bb) make a determination regarding whether 
                waivers under subparagraph (A) have increased (relative 
                to the beginning of such period) the extent to which 
                narcotic drugs in schedule III, IV, or V, or 
                combinations of such drugs, are being dispensed or 
                prescribed, or possessed, in violation of this Act.
    ``(iii) If, before the expiration of the period specified in clause 
(ii), the Secretary or the Attorney General publishes in the Federal 
Register a decision, made on the basis of determinations under such 
clause, that this paragraph should not remain in effect, this paragraph 
ceases to be in effect 60 days after the date on which the decision is 
so published. The Secretary shall, in making any such decision, consult 
with the Attorney General, and shall, in publishing the decision in the 
Federal Register, include any comments received from the Attorney 
General for inclusion in the publication. The Attorney General shall, 
in making any such decision, consult with the Secretary, and shall, in 
publishing the decision in the Federal Register, include any comments 
received from the Secretary for inclusion in the publication.
    ``(I) During the 3-year period beginning on the date of the 
enactment of the Methamphetamine and Club Drug Anti-Proliferation Act 
of 2000, a State may not preclude a practitioner from dispensing or 
prescribing narcotic drugs in schedule III, IV, or V, or combinations 
of such drugs, to patients for maintenance or detoxification treatment 
in accordance with this paragraph, or the other amendments made by 
section 22 of that Act, unless, before the expiration of that 3-year 
period, the State enacts a law prohibiting a practitioner from 
dispensing or prescribing such drugs or combination of drugs.''.
    (b) Conforming Amendments.--Section 304 of the Controlled 
Substances Act (21 U.S.C. 824) is amended--
            (1) in subsection (a), in the matter following paragraph 
        (5), by striking ``section 303(g)'' each place the term appears 
        and inserting ``section 303(g)(1)''; and
            (2) in subsection (d), by striking ``section 303(g)'' and 
        inserting ``section 303(g)(1)''.
    (c) Authorization of Appropriations.--There is hereby authorized to 
be appropriated for purposes of activities under section 303(g)(2) of 
the Controlled Substances Act, as added by subsection (a), amounts as 
follows:
            (1) For fiscal year 2001, $3,000,000.
            (2) For each fiscal year after fiscal year 2001, such sums 
        as may be necessary for such fiscal year.

                        TITLE III--MISCELLANEOUS

SEC. 301. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET WEBSITES.

    Not later than 90 days after the date of the enactment of this Act, 
the head of each department, agency, and establishment of the Federal 
Government shall, in consultation with the Director of the Office of 
National Drug Control Policy, place antidrug messages on appropriate 
Internet websites controlled by such department, agency, or 
establishment which messages shall, where appropriate, contain an 
electronic hyperlink to the Internet website, if any, of the Office.

SEC. 302. SEVERABILITY.

    Any provision of this Act held to be invalid or unenforceable by 
its terms, or as applied to any person or circumstance, shall be 
construed as to give the maximum effect permitted by law, unless such 
provision is held to be utterly invalid or unenforceable, in which 
event such provision shall be severed from this Act and shall not 
affect the applicability of the remainder of this Act, or of such 
provision, to other persons not similarly situated or to other, 
dissimilar circumstances.

                 TITLE IV--CLUB DRUG ANTI-PROLIFERATION

SEC. 401. ENHANCED PUNISHMENT OF CLUB DRUG TRAFFICKERS.

    (a) Amendment to Federal Sentencing Guidelines.--Pursuant to its 
authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall amend the Federal sentencing 
guidelines regarding any offense relating to the manufacture, 
importation, or exportation of, or trafficking in--
            (1) 3,4-methylenedioxy methamphetamine;
            (2) 3,4-methylenedioxy amphetamine;
            (3) 3,4-methylenedioxy-N-ethylamphetamine;
            (4) paramethoxymethamphetamine (PMA); or
            (5) any other controlled substance, as determined by the 
        Sentencing Commission in consultation with the Attorney 
        General, that is marketed as a club drug and that has either a 
        chemical structure substantially similar to that of 3,4-
        methylenedioxy methamphetamine or paramethoxymethamphetamine or 
        an effect on the central nervous system substantially similar 
        to or greater than that of 3,4-methylenedioxy methamphetamine 
        or paramethoxymethamphetamine; (including an attempt or 
        conspiracy to commit an offense described in paragraph (1), 
        (2), (3), or (4)) in violation of the Controlled Substances Act 
        (21 U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
        Enforcement Act (46 U.S.C. 1901 et seq.).
    (b) General Requirement.--In carrying out this section, the United 
States Sentencing Commission shall, with respect to each offense 
described in subsection (a)--
            (1) review and amend the Federal sentencing guidelines to 
        provide for increased penalties such that those penalties are 
        comparable to the base offense levels for offenses involving 
        any methamphetamine mixture; and
            (2) take any other action the Commission considers to be 
        necessary to carry out this subsection.
    (c) Additional Requirements.--In carrying out this section, the 
United States Sentencing Commission shall ensure that the Federal 
Sentencing guidelines for offenders convicted of offenses described in 
subsection (a) reflect--
            (1) the need for aggressive law enforcement action with 
        respect to offenses involving the controlled substances 
        described in subsection (a); and
            (2) the dangers associated with unlawful activity involving 
        such substances, including--
                    (A) the rapidly growing incidence of abuse of the 
                controlled substances described in subsection (a) and 
                the threat to public safety that such abuse poses;
                    (B) the recent increase in the illegal importation 
                of the controlled substances described in subsection 
                (a);
                    (C) the young age at which children are beginning 
                to use the controlled substances described in 
                subsection (a); and
                    (D) any other factor that the Sentencing Commission 
                deems appropriate.

SEC. 402. ENHANCED PUNISHMENT OF GHB TRAFFICKERS.

    (a) Amendment to Federal Sentencing Guidelines.--Pursuant to its 
authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall amend the Federal sentencing 
guidelines in accordance with this section with respect to any offense 
relating to the manufacture, importation, or exportation of, or 
trafficking in--
            (1) gamma-hydroxybutyric acid and its salts; or
            (2) the List I Chemical gamma-butyrolactone; (including an 
        attempt or conspiracy to commit an offense described in 
        paragraph (1) or (2)) in violation of the Controlled Substances 
        Act (21 U.S.C. 801 et seq.), the Controlled Substances Import 
        and Export Act (21 U.S.C. 951 4 et seq.), or the Maritime Drug 
        Law Enforcement Act (46 5 U.S.C. 1901 et seq.).
    (b) General Requirements.--In carrying out this section, the United 
States Sentencing Commission shall with respect to each offense 
described in subsection (a)--
            (1) review and amend the Federal Sentencing guidelines to 
        provide for increased penalties such that those penalties 
        reflect the seriousness of these offenses and the need to deter 
        them;
            (2) assure that the guidelines provide that offenses 
        involving a significant quantity of Schedule I and II 
        depressants are subject to greater terms of imprisonment than 
        currently provided by the guidelines and that such terms are 
        consistent with applicable statutory maximum penalties; and
            (3) take any other action the Commission considers to be 
        necessary to carry out this subsection.
    (c) Additional Requirements.--In carrying out this section, the 
United States Sentencing Commission shall consider--
            (1) the dangers associated with the use of the substances 
        described in subsection (a), and unlawful activity involving 
        such substances;
            (2) the rapidly growing incidence of abuse of the 
        controlled substances described in subsection (a) and the 
        threat to public safety that such abuse poses, including the 
        dangers posed by overdose; and
            (3) the recent increase in the illegal manufacture of the 
        controlled substances described in subsection (a).

SEC. 403. EMERGENCY AUTHORITY TO SENTENCING COMMISSION.

    The United States Sentencing Commission shall promulgate amendments 
under this Act as soon as practicable after the date of the enactment 
of this Act in accordance with the procedure set forth in section 21(a) 
of the Sentencing Act of 1987 (Public Law 100-182), as though the 
authority under that Act had not expired.

SEC. 404. EXPANSION OF CLUB DRUG ABUSE PREVENTION EFFORTS.

    (a) Public Health Service Assistance.--Part A of title V of the 
Public Health Service Act (42 U.S.C. 20 290aa et seq.) is amended by 
adding at the end the following:

``SEC. 506. GRANTS FOR CLUB DRUG ABUSE PREVENTION.

    (a) Authority.--The Administrator may make grants to, and enter 
into contracts and cooperative agreements with, public and nonprofit 
private entities to enable such entities--
            ``(1) to carry out school-based programs concerning the 
        dangers of abuse of and addiction to 3,4-methylenedioxy 
        methamphetamine, paramethoxymethamphetamine or related drugs, 
        using methods that are effective and science-based, including 
        initiatives that give students the responsibility to create 
        their own antidrug abuse education programs for their schools; 
        and
            ``(2) to carry out community-based abuse and addiction 
        prevention programs relating to 3,4-methylenedioxy 
        methamphetamine, paramethoxymethamphetamine or related drugs 
        that are effective and science-based.
    ``(b) Use of Funds.--Amounts made available under a grant, contract 
or cooperative agreement under subsection (a) shall be used for 
planning, establishing, or administering prevention programs relating 
to 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or 
related drugs in accordance with paragraph (3).
    ``(c)(1) Discretionary Functions.--Amounts provided under this 
section may be used--
            ``(A) to carry out school-based programs that are focused 
        on those districts with high or increasing rates of abuse and 
        addiction to 3,4-methylenedioxy methamphetamine, 
        paramethoxymethamphetamine or related drugs and targeted at 
        populations that are most at risk to start abuse of 3,4-
        methylenedioxy methamphetamine, paramethoxymethamphetamine or 
        related drugs;
            ``(B) to carry out community-based prevention programs that 
        are focused on those populations within the community that are 
        most at-risk for abuse of and addiction to 3,4-methylenedioxy 
        methamphetamine, paramethoxymethamphetamine or related drugs;
            ``(C) to assist local government entities to conduct 
        appropriate prevention activities relating to 3,4-
        methylenedioxy methamphetamine, paramethoxymethamphetamine or 
        related drugs;
            ``(D) to train and educate State and local law enforcement 
        officials, prevention and education officials, health 
        professionals, members of community antidrug coalitions and 
        parents on the signs of abuse of and addiction to 3,4-
        methylenedioxy methamphetamine, paramethoxymethamphetamine or 
        related drugs, and the options for treatment and prevention;
            ``(E) for planning, administration, and educational 
        activities related to the prevention of abuse of and addiction 
        to 3,4-methylenedioxy methamphetamine, 
        paramethoxymethamphetamine or related drugs;
            ``(F) for the monitoring and evaluation of prevention 
        activities relating to 3,4-methylenedioxy methamphetamine, 
        paramethoxymethamphetamine or related drugs, and reporting and 
        disseminating resulting information to the public; and
            ``(G) for targeted pilot programs with evaluation 
        components to encourage innovation and experimentation with new 
        methodologies.
    ``(2) Priority.--The Administrator shall give priority in making 
grants under this subsection to rural and urban areas that are 
experiencinga high rate or rapid increases in abuse and addiction to 
3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or 
related drugs.
    ``(d)(1) Prevention Program Allocation.--Not less than $500,000 of 
the amount available in each fiscal year to carry out this section 
shall be made available to the Administrator, acting in consultation 
with other Federal agencies, to support and conduct periodic analyses 
and evaluations of effective prevention programs for abuse of and 
addiction to 3,4-methylenedioxy methamphetamine, 
paramethoxymethamphetamine or related drugs and the development of 
appropriate strategies for disseminating information about and 
implementing these programs.
    ``(2) Report.--The Administrator shall submit an annual report 
containing the results of the analyses and evaluations conducted under 
paragraph (1) to--
            ``(A) the Committee on Health, Education, Labor, and 
        Pensions, the Committee on the Judiciary, and the Committee on 
        Appropriations of the Senate; and
            ``(B) the Committee on Commerce, the Committee on the 
        Judiciary, and the Committee on Appropriations of the House of 
        Representatives.
    ``(e) Authorization.--There is authorized to be appropriated to 
carry out this subsection--
            ``(1) $5,000,000 for fiscal year 2001; and
            ``(2) such sums as may be necessary for each succeeding 
        fiscal year.''.
    (b) National Youth Antidrug Media Campaign.--In conducting the 
national media campaign under section 102 of the Drug-Free Media 
Campaign Act of 1998 (21 U.S.C. 1801), the Director of the Office of 
National Drug Control Policy shall ensure that such campaign addresses 
the reduction and prevention of abuse of 3,4-methylenedioxy 
methamphetamine, paramethoxymethamphetamine or related drugs among 
young people in the United States.

 TITLE V--REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRATION OF EXPENSES 
           INCURRED TO REMEDIATE METHAMPHETAMINE LABORATORIES

SEC. 501. REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRATION OF EXPENSES 
                    INCURRED TO REMEDIATE METHAMPHETAMINE LABORATORIES.

    (a) Reimbursement Authorized.--The Attorney General, acting through 
the Administrator of the Drug Enforcement Administration, may reimburse 
States, units of local government, Indian tribal governments, other 
public entities, and multi-jurisdictional or regional consortia thereof 
for expenses incurred to clean up and safely dispose of substances 
associated with clandestine methamphetamine laboratories which may 
present a danger to public health or the environment.
    (b) Additional DEA Personnel.--From amounts appropriated or 
otherwise made available to carry out this section, the Attorney 
General may hire not more than 5 additional Drug Enforcement 
Administration personnel to administer this section.
    (c) Funding.--
            (1) Fiscal year 2000.--From the unobligated balances 
        available to the Department of Justice for fiscal year 2000 to 
        carry out part Q of the Omnibus Crime Control and Safe Streets 
        Act of 1968, known as the Community Oriented Policing Services 
        program (42 U.S.C. 3796dd et seq.), the Attorney General shall 
        make available $10,000,000 to be used only to carry out this 
        section.
            (2) Fiscal year 2001.--There are authorized to be 
        appropriated to the Attorney General to carry out this section 
        $20,000,000 for fiscal year 2001.

                     TITLE VI--FEDERAL DRUG COURTS

SEC. 601. ESTABLISHMENT.

    Notwithstanding any other provision of law, the court, upon the 
conviction of an individual for a Federal offense which the court 
determines is a nonviolent drug-related offense involving a simple 
possession quantity of drugs, as defined in the Controlled Substances 
Act, shall consider sentencing that individual to an appropriate 
rehabilitation program established under this title.In such regard, the 
court shall consider and use where appropriate--
            (1) day fines;
            (2) house arrest;
            (3) electronic monitoring;
            (4) intensive probation supervision;
            (5) defense-based sentencing;
            (6) day reporting centers;
            (7) victim-offender reconciliation;
            (8) shock incarceration; and
            (9) substance abuse treatment in lieu of incarceration, 
        including treatment in a therapeutic community.

SEC. 602. REHABILITATION PROGRAM.

    (a) In General.--The Bureau of Prisons (hereinafter in this title 
referred to as the ``Bureau'') shall establish and maintain a 
rehabilitation program. The program shall consist of--
            (1) residential substance abuse treatment; and
            (2) aftercare services.
    (b) Definitions.--As used in this title--
            (1) the term ``residential substance abuse treatment'' 
        means a course of individual and group activities, lasting 
        between 9 and 12 months, in residential treatment facilities 
        (which the in case of prisoners are set apart from the general 
        prison population)--
                    (A) directed at the substance abuse problems of the 
                convicted person;
                    (B) intended to develop a person's cognitive, 
                behavioral, social, vocational, and other skills so as 
                to solve the convicted person's substance abuse and 
                related problems; and
                    (C) shall include--
                            (i) addiction education;
                            (ii) individual, group, and family 
                        counseling pursuant to individualized treatment 
                        plans;
                            (iii) opportunity for involvement in 
                        Alcoholics Anonymous, Narcotics Anonymous, or 
                        Cocaine Anonymous;
                            (iv) parenting skills training, domestic 
                        violence counseling, and sexual abuse 
                        counseling, where appropriate;
                            (v) HIV education counseling and testing, 
                        when requested, and early intervention services 
                        for seropositive individuals;
                            (vi) services that facilitate access to 
                        health and social services, where appropriate 
                        and to the extent available; and
                            (vii) planning for and counseling to assist 
                        reentry into society, including referrals to 
                        appropriate educational, vocational, and other 
                        employment-related programs (to the extent 
                        available), referrals, to appropriate 
                        outpatient or other drug or alcohol treatment, 
                        counseling, transitional housing, and 
                        assistance in obtaining suitable affordable 
                        housing and employment upon completion of 
                        treatment (and release from prison, if 
                        applicable);
            (2) the term ``aftercare services'' means a course of 
        individual and group treatment for a minimum of one year 
        involving sustained and frequent interaction between the 
        program and with individuals who have successfully completed a 
        program of residential substance abuse treatment, and shall 
        include consistent personal interaction between the individual 
        and a primary counselor or case manager, participation in group 
        and individual counseling sessions, social activities targeted 
        toward a recovering substance abuser, and, where appropriate, 
        more intensive intervention; and
            (3) the term ``substance abuse'' means the abuse of drugs 
        or alcohol.
    (c) Preference for Community-Based Programs.--Residential substance 
abuse treatment services shall be provided, to the greatest extent 
possible, by community-based drug and alcohol treatment programs.
    (d) Report.--The Bureau of Prisons shall transmit to the Congress 
on January 1, 2002, and on January 1 of each year thereafter, a report. 
Such report shall contain--
            (1) a detailed quantitative and qualitative description of 
        each substance abuse treatment program, residential or not, 
        operated by the Bureau; and
            (2) a complete statement of to what extent the Bureau has 
        achieved compliance with the requirements of this title.

SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums are are necessary 
to carry out this title.

   TITLE VII--STUDY OF THE EFFECT OF MANDATORY MINIMUM SENTENCES FOR 
                NONVIOLENT CONTROLLED SUBSTANCE OFFENSES

SEC. 701. FINDINGS.

    The Congress finds that--
            (1) there is substantial evidence that mandatory minimum 
        sentences disproportionately affect people of color and 
        especially African-Americans;
            (2) the use of mandatory minimum sentences has torn apart 
        African-American families and taken a horrible toll on the 
        African-American community;
            (3) from 1980 to 1992, the height of the so-called ``War on 
        Drugs,'' the rate of incarceration in prisons rose from 139 to 
        332 per 100,000 residents and 84 percent of the increase in 
        State prison admissions was for nonviolent offenders;
            (4) if incarceration rates remain unchanged, Justice 
        Department data indicate that an estimated 1 in 20 of today's 
        children will serve time in prison during their lifetime;
            (5) the rate of imprisonment for black men is 8.5 times 
        that of white men, a rate of 3,098 per 100,000, compared with a 
        white rate of 370;
            (6) over the last 10 years, the black male rate of 
        incarceration increased at a rate of 10 times the rate of that 
        of white men;
            (7) if the current rate of incarceration remains unchanged, 
        28.5 percent of black men will be confined at least once in 
        their lifetime, a figure 6 times that of white men;
            (8) black women are incarcerated at a rate of 8 times that 
        of white women;
            (9) while the proportion of black drug users has hovered at 
        15 percent, blacks constitute 36 percent of those arrested for 
        drug possession; and
            (10) between 1990 and 1996, 82 percent of the increase in 
        black Federal inmates was due to drug offenses.

SEC. 702. DEPARTMENT OF JUSTICE STUDY.

    The Attorney General shall within 1 year after the enactment of 
this Act to the Committees on the Judiciary of the House of 
Representatives and Senate issue a report on the racial impact of 
mandatory minimum sentences for controlled substance offenses, their 
effectiveness in reducing drug-related crime by nonviolent offenders in 
contrast with other approaches such as drug treatment programs, and the 
appropriateness of the use of such sentences on nonviolent offenders.

                    TITLE VIII--RULE OF CONSTRUCTION

SEC. 801. RULE OF CONSTRUCTION.

    Notwithstanding any other provision of this Act, nothing in this 
Act shall be construed to impose any new mandatory minimum sentences.

    Amend the title so as to read:

      A bill to provide for the punishment of methamphetamine 
laboratory operators, provide additional resources to combat 
methamphetamine production, trafficking, and abuse in the 
United States, and for other purposes.

                          Purpose and Summary

    The purpose of H.R. 2987, the Methamphetamine and Club Drug 
Anti-Proliferation Act of 2000, is to prevent the proliferation 
of methamphetamine and club drug manufacturing, trafficking, 
use, and addiction in America. This legislation will provide 
Federal, State, and local law enforcement officials with tools 
and training to more adequately address the methamphetamine and 
club drug epidemics in America today, and authorize 
comprehensive prevention and treatment programs to combat abuse 
and addiction as well.
    The enactment of H.R. 2987 will provide needed funding to 
the Drug Enforcement Administration (DEA) and Office of 
National Drug Control Policy (ONDCP) to combat methamphetamine 
manufacturing by providing assistance to State and local law 
enforcement officials in small and mid-sized communities in all 
phases of methamphetamine investigations, and establishing 
additional DEA offices in rural areas. It will also provide for 
training to State and local agencies in handling toxic waste 
created by methamphetamine laboratories, and authorize funding 
for the DEA to reimburse States and localities for expenses 
incurred in connection with the clean up and safe disposal of 
hazardous substances associated with clandestine 
methamphetamine laboratories. H.R. 2987 provides for increased 
penalties for offenses related to the production of 
amphetamine, trafficking of precursor chemicals, manufacturing 
drug offenses that create a substantial risk of harm to human 
life or to the environment, and offenses relating to 3,4-
methylenedioxy methamphetamine (MDMA), commonly known as 
``Ecstasy,'' gamma-hydroxybutyric acid (GHB), other enumerated 
``club'' drugs, as well as other similar controlled substances. 
This legislation also contains a number of provisions 
authorizing effective and science-based methamphetamine and 
club drug prevention and addiction treatment programs.

                Background and Need for the Legislation

    The manufacturing and use of methamphetamine has increased 
dramatically over the past decade. First popularized by outlaw 
biker gangs in the late 1970's, methamphetamine is now being 
manufactured by criminals in makeshift laboratories across the 
country for both sale and personal consumption. Methamphetamine 
is a highly toxic and addictive stimulant that severely affects 
the central nervous system, and is produced and sold illegally 
in pill form, capsules, powder, and chunks. Commonly known on 
the streets as ``meth,'' ``crank,'' ``crystal meth,'' ``ice,'' 
and ``speed,'' it can be smoked, injected, swallowed, or 
snorted, and has a very high potential for abuse and 
dependence. Methamphetamine use not only modifies behavior to 
an acute state, but sustained use results in serious damage to 
the brain. Use can result in death from heart failure, brain 
damage, stroke, and fatal kidney and lung disorders. Its use 
can induce uncontrollable violent behavior, and extreme, acute 
psychiatric and psychological symptoms, including paranoia and 
hallucinations that may eventually lead to suicide, violent 
acts, or even murder.
    The methamphetamine epidemic in America differs in kind 
from the threat of other illegal drugs because methamphetamine 
can be made from readily available and legal chemicals and 
substances, and because it poses serious dangers to both human 
life and to the environment. Additionally, these chemicals and 
substances are utilized in a manufacturing process that is 
unstable, volatile, and highly combustible. Even small amounts 
of these chemicals, when mixed improperly, can cause explosions 
and fires. For every one pound of methamphetamine that is 
produced, approximately five pounds of toxic and often lethal 
waste products may be left behind at the laboratory site, or 
disposed of in rivers, kitchen sinks, or sewage systems in an 
effort to conceal evidence of illegal manufacturing. More 
disturbing is that most of these laboratories are situated in 
residences, motels, trailers, and vans, and often times are 
operated in the presence of children. Contributing to this 
danger are countless Internet web sites devoted specifically to 
providing detailed instructions for producing methamphetamine.
    According to a report prepared by the National Institute on 
Drug Abuse Community Epidemiology Work Group, because 
methamphetamine is so easily produced in small, clandestine 
laboratories and the precursor chemicals are readily available, 
``abuse levels remain high . . . and there is strong evidence 
to suggest this drug will continue to be a problem in West 
Coast areas and to spread to other areas of the United 
States.'' The threat of methamphetamine proliferation is real 
and the numbers are telling. Over the past several years, the 
number of DEA methamphetamine-related arrests has increased 
substantially, from 1,893 arrests in FY 1993, to 8,712 in FY 
1999. Last year, approximately 21 percent of all DEA arrests 
were methamphetamine-related drug violations, surpassed only by 
cocaine and marijuana. Accordingly, the number of 
methamphetamine laboratories that have been seized has 
increased dramatically this decade, from 218 in FY 1993 to 
7,316 FY 1999.\1\ As a result, there have been millions of 
dollars spent cleaning up the pollutants and toxins left behind 
by lab operators. This extraordinary increase in arrests and 
lab seizures underscores the need for additional, comprehensive 
legislation addressing the methamphetamine crisis, specifically 
its dangerous manufacturing process and costly clean-up.
---------------------------------------------------------------------------
    \1\ Testimony of Donnie R. Marshall, Committee on the Judiciary, 
``S. 1428, Combating Methamphetamine Proliferation in America'' (July 
28, 1999).
---------------------------------------------------------------------------
    Methamphetamine is both domestically produced and imported 
into the United States in its processed form. Its users, found 
in both rural and urban regions, cross socio-economic, age, 
gender, and racial boundaries. According to the ``Monitoring 
the Future'' survey, a national survey that measures the extent 
of drug use among United States adolescents, methamphetamine 
use among high school seniors more than doubled between 1990 
and 1996, and the 1999 study indicates that 8.2% of seniors 
have tried methamphetamine. Law enforcement officials have 
documented teens as young as 14 and 15 year olds using and 
selling the drug.

                     History of Related Legislation

    In 1996, Congress passed the Comprehensive Methamphetamine 
Control Act \2\, the first legislative effort specifically 
directed at controlling the proliferation of methamphetamine in 
America. This important, bipartisan measure targeted the 
diversion of the most commonly used precursor chemicals and 
imposed strict reporting requirements on the sales of those 
chemicals. These measures have enabled the DEA, in a working 
partnership with industry, to prevent the purchase and 
importation of a significant quantity of precursor chemicals 
for use in manufacturing methamphetamine. The 1996 legislation 
also authorized the creation of an interagency task force to 
develop and implement prevention and education strategies, and 
requires persons who distribute, import, or export any List I 
Chemical to register and obtain a permit annually to do so. 
Notwithstanding the effectiveness of the 1996 act, laboratory 
operators and drug traffickers continue to produce and traffic 
significant quantities of methamphetamine. Clearly, additional 
legislative initiatives are necessary.
---------------------------------------------------------------------------
    \2\ P.L. 104-237; H.R. 3852, S. 1965.
---------------------------------------------------------------------------

                                Hearings

    The committee's Subcommittee on Crime held 6 (six) field 
hearings on methamphetamine production, trafficking, and use in 
1999, in Arkansas, California, New Mexico, and Kansas. 
Testimony was received from numerous witnesses, including 
former methamphetamine addicts, family members of the victims 
of methamphetamine related violence, law enforcement 
professionals, and prevention and addiction treatment 
professionals.

                        Committee Consideration

    On July 26, 2000, the committee met in open session and 
ordered favorably reported the bill H.R. 2987 with amendment by 
a voice vote, a quorum being present.

                         Votes of the Committee

    Mr. Hutchinson offered an amendment in the nature of a 
substitute to H.R. 2987. By unanimous consent, Mr. Hutchinson 
was given permission to modify the amendment in the nature of a 
substitute to H.R. 2987.
    Mr. Conyers offered an amendment to the amendment in the 
nature of a substitute to H.R. 2987 to eliminate mandatory 
minimum sentences for all nonviolent controlled substance 
offenses. By a rollcall vote of 8 yeas to 18 nays, the 
amendment was defeated.

                                                   ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner...............................................  ..............  ..............  ..............
Mr. McCollum....................................................  ..............  ..............  ..............
Mr. Gekas.......................................................  ..............              X   ..............
Mr. Coble.......................................................  ..............              X   ..............
Mr. Smith (TX)..................................................  ..............              X   ..............
Mr. Gallegly....................................................  ..............              X   ..............
Mr. Canady......................................................  ..............              X   ..............
Mr. Goodlatte...................................................  ..............              X   ..............
Mr. Chabot......................................................  ..............              X   ..............
Mr. Barr........................................................  ..............  ..............  ..............
Mr. Jenkins.....................................................  ..............  ..............  ..............
Mr. Hutchinson..................................................  ..............              X   ..............
Mr. Pease.......................................................  ..............  ..............  ..............
Mr. Cannon......................................................  ..............              X   ..............
Mr. Rogan.......................................................  ..............              X   ..............
Mr. Graham......................................................  ..............              X   ..............
Ms. Bono........................................................  ..............  ..............  ..............
Mr. Bachus......................................................  ..............  ..............  ..............
Mr. Scarborough.................................................  ..............              X   ..............
Mr. Vitter......................................................  ..............              X   ..............
Mr. Conyers.....................................................              X   ..............  ..............
Mr. Frank.......................................................              X   ..............  ..............
Mr. Berman......................................................  ..............  ..............  ..............
Mr. Boucher.....................................................  ..............  ..............  ..............
Mr. Nadler......................................................              X   ..............  ..............
Mr. Scott.......................................................              X   ..............  ..............
Mr. Watt........................................................              X   ..............  ..............
Ms. Lofgren.....................................................  ..............              X   ..............
Ms. Jackson Lee.................................................              X   ..............  ..............
Ms. Waters......................................................              X   ..............  ..............
Mr. Meehan......................................................  ..............              X   ..............
Mr. Delahunt....................................................  ..............  ..............  ..............
Mr. Wexler......................................................  ..............  ..............  ..............
Mr. Rothman.....................................................  ..............              X   ..............
Ms. Baldwin.....................................................              X   ..............  ..............
Mr. Weiner......................................................  ..............              X   ..............
Mr. Hyde, Chairman..............................................  ..............              X   ..............
                                                                 -----------------------------------------------
    Total.......................................................              8              18   ..............
----------------------------------------------------------------------------------------------------------------

    Mr. Hutchinson offered an amendment to the amendment in the 
nature of a substitute to H.R. 2987 to authorize the DEA to 
reimburse States and localities for costs associated with the 
cleanup of illegal methamphetamine labs.
    Mr. Conyers offered an amendment to the amendment in the 
nature of a substitute to H.R. 2987 to authorize rehabilitation 
programs as a sentencing option in the case of nonviolent drug 
related offenses. By unanimous consent, Chairman Hyde modified 
the Conyers amendment to insert after ``drug-related offense'', 
``involving a simple possession offense quantity of drugs as 
defined in title 21 United States Code''. The Conyers 
amendment, as modified, was agreed to by voice vote.
    Mr. Conyers, on behalf of himself and Mr. Scott, offered an 
amendment to the amendment in the nature of a substitute to 
H.R. 2987 to require the Attorney General, within a year after 
the bill is passed, to issue a report on the racial impact of 
mandatory minimum sentences. The amendment was agreed to by 
voice vote.
    Mr. Scott, on behalf of himself and Ms. Jackson Lee, 
offered an amendment to the amendment in the nature of a 
substitute to H.R. 2987 to strike the provision in section 101 
which directs the Sentencing Commission to increase the base 
level for amphetamine drug offenses to those in effect for 
methamphetamine related offenses and replace it with language 
directing the Sentencing Commission to review the issue and 
promulgate sentencing enhancements as needed. The Scott/Jackson 
Lee amendment was defeated by voice vote.
    Mr. Conyers offered an amendment to the amendment in the 
nature of a substitute to H.R. 2987 stating ``That 
notwithstanding any other provision in this act, nothing in 
this act shall be construed to impose any new mandatory minimum 
sentences.'' The Conyers amendment was agreed to by voice vote.
    Ms. Baldwin, on behalf of herself and Mr. Barr, offered an 
amendment to the amendment in the nature of a substitute H.R. 
2987 to strike section 205 which would criminalize distributing 
information relating to the manufacture of a controlled 
substance with the intent or knowledge that the information be 
used in furtherance of a Federal crime. By a rollcall vote of 
15 yeas to 12 nays, the amendment was agreed to.

                                                   ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner...............................................  ..............  ..............  ..............
Mr. McCollum....................................................  ..............  ..............  ..............
Mr. Gekas.......................................................  ..............              X   ..............
Mr. Coble.......................................................  ..............  ..............  ..............
Mr. Smith (TX)..................................................  ..............              X   ..............
Mr. Gallegly....................................................  ..............              X   ..............
Mr. Canady......................................................  ..............              X   ..............
Mr. Goodlatte...................................................              X   ..............  ..............
Mr. Chabot......................................................              X   ..............  ..............
Mr. Barr........................................................              X   ..............  ..............
Mr. Jenkins.....................................................  ..............  ..............  ..............
Mr. Hutchinson..................................................  ..............              X   ..............
Mr. Pease.......................................................  ..............  ..............  ..............
Mr. Cannon......................................................  ..............              X   ..............
Mr. Rogan.......................................................  ..............              X   ..............
Mr. Graham......................................................              X   ..............  ..............
Ms. Bono........................................................  ..............  ..............  ..............
Mr. Bachus......................................................  ..............  ..............  ..............
Mr. Scarborough.................................................              X   ..............  ..............
Mr. Vitter......................................................  ..............              X   ..............
Mr. Conyers.....................................................              X   ..............  ..............
Mr. Frank.......................................................              X   ..............  ..............
Mr. Berman......................................................  ..............  ..............  ..............
Mr. Boucher.....................................................  ..............  ..............  ..............
Mr. Nadler......................................................              X   ..............  ..............
Mr. Scott.......................................................              X   ..............  ..............
Mr. Watt........................................................              X   ..............  ..............
Ms. Lofgren.....................................................  ..............              X   ..............
Ms. Jackson Lee.................................................              X   ..............  ..............
Ms. Waters......................................................              X   ..............  ..............
Mr. Meehan......................................................              X   ..............  ..............
Mr. Delahunt....................................................              X   ..............  ..............
Mr. Wexler......................................................  ..............  ..............  ..............
Mr. Rothman.....................................................  ..............              X   ..............
Ms. Baldwin.....................................................              X   ..............  ..............
Mr. Weiner......................................................  ..............              X   ..............
Mr. Hyde, Chairman..............................................  ..............              X   ..............
                                                                 -----------------------------------------------
    Total.......................................................             15              12   ..............
----------------------------------------------------------------------------------------------------------------

    The Hutchinson amendment in the nature of a substitute, as 
amended, was adopted by a voice vote.
    The bill, as amended by the Hutchinson amendment in the 
nature of a substitute, was ordered favorably reported to the 
House by voice vote, a quorum being present.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the committee reports that the 
findings and recommendations of the committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                Committee on Government Reform Findings

    No findings or recommendations of the Committee on 
Government Reform were received as referred to in clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

                        Committee Cost Estimate

    In compliance with clause 3(d)(2) of rule XIII of the Rules 
of the House of Representatives, the committee believes that 
enacting HR 2987 would cost about $400 million over the fiscal 
years 2001 to 2005, assuming appropriation of the necessary 
amounts. In addition, the bill would increase direct spending 
by roughly $30 million over the 2001-2005 period.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the committee finds the authority for 
this legislation in Article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion

Section 1. Short Title.
    Section 1 states the short title of H.R. 2987 as the 
``Methamphetamine and Club Drug Anti-Proliferation Act of 
2000.''

      Title I--Methamphetamine Production, Trafficking, and Abuse

Subtitle A--Criminal Penalties
Section 101. Enhanced Punishment of Amphetamine Laboratory Operators.
    Section 101 directs the United States Sentencing Commission 
to review and amend the Federal sentencing guidelines with 
respect to offenses related to the manufacture, importation, 
exportation, or trafficking of amphetamine such that those 
penalties are comparable to the base offense level for 
methamphetamine related offenses. This section grants emergency 
authority to the Sentencing Commission and directs it to 
promulgate amendments pursuant to this section as soon as 
practicable after the date of the enactment of this act.
    The committee notes that Federal prosecutors, the Drug 
Enforcement Administration and the Department of Justice 
support increasing the penalties for amphetamine related 
offenses. The committee is advised that there is no significant 
difference in potency between amphetamine and methamphetamine, 
both of which are Schedule II controlled substances. Both drugs 
provide the same stimulating, hallucinogenic effects, are 
highly addictive, and require virtually identical manufacturing 
processes involving volatile and toxic chemicals that are 
highly combustible when combined. Indeed, while manufacturing 
either amphetamine or methamphetamine poses the same risks to 
human life and the environment, because the penalties for 
manufacturing amphetamine are inadequate, some criminals 
exclusively manufacture and distribute amphetamine. It is the 
view of the committee that establishing comparable penalties 
for amphetamine and methamphetamine related offenses may deter 
manufacture, trafficking, and use of either.
Section 102. Enhanced Punishment of Amphetamine or Methamphetamine 
        Laboratory Operators.
    Section 102 directs the Sentencing Commission to amend the 
Federal sentencing guidelines by increasing the offense level 
for manufacturing amphetamine or methamphetamine if the offense 
created a substantial risk of harm to human life or the 
environment, or if the offense created a substantial risk of 
harm to the life of a minor or incompetent.
    The committee notes the grave danger amphetamine and 
methamphetamine manufacturing poses to human life and the 
environment. Law enforcement officials cite frequent discovery 
of children living and playing among toxic and volatile 
chemicals in home-based amphetamine and methamphetamine 
laboratories. Federal, State and local law enforcement spend 
significant amounts of taxpayer dollars cleaning up toxic waste 
left behind by amphetamine and methamphetamine laboratories. 
Increasing the offense levels is necessary given the threat and 
harm inflicted on communities by amphetamine and 
methamphetamine manufacturers.
Section 103. Mandatory Restitution for Violation of Controlled 
        Substances Act and Controlled Substances Import and Export Act 
        Relating to Amphetamine and Methamphetamine.
    Section 103 amends the Controlled Substances Act to make 
reimbursement mandatory for the costs incurred by the United 
States, or State and local governments, for the cleanup 
associated with the manufacture of amphetamine or 
methamphetamine. Current law provides courts the authority to 
order restitution when sentencing a defendant convicted of an 
offense involving the manufacture of methamphetamine. 
Considering the destruction to property and the environment 
that manufacturing amphetamine and methamphetamine causes, and 
how expensive it has become to cleanup the wastes produced 
during the manufacturing process, it is the view of the 
committee that restitution should be mandatory.
    The section also provides that any restitution or property 
collected by the United States pursuant to a reimbursement 
order will go to the Department of Justice Asset Forfeiture 
Fund (hereinafter ``Asset Forfeiture Fund'') instead of the 
Treasury. Resources from the Asset Forfeiture Fund have been 
used to cleanup and restore property that has been forfeited to 
the government for the purpose of selling that property.
Section 104. Methamphetamine Paraphernalia.
    Section 104 amends the Controlled Substances Act to 
expressly include paraphernalia used in connection with 
methamphetamine production as drug paraphernalia.
Subtitle B--Enhanced Law Enforcement
Section 111. Environmental Hazards Associated with Illegal Manufacture 
        of Amphetamine and Methamphetamine.
    Section 111 authorizes the allocation of resources from the 
Asset Forfeiture Fund for use in paying clean-up costs incurred 
by, or on behalf of, the Department of Justice in connection 
with the removal of any hazardous substance or pollutant or 
contaminant associated with the illegal manufacture of 
amphetamine or methamphetamine for the purposes of Federal 
forfeiture and disposition. The section also authorizes 
reimbursement to State and local entities for clean-up costs 
when they assist in a Federal prosecution on amphetamine or 
methamphetamine related charges, to the extent such costs 
exceed equitable sharing payments made to the State or local 
government in such case.
Section 112. Reduction in Retail Sales Transaction Threshold for Non-
        safe Harbor Products Containing Pseudoephedrine or 
        Phenylpropanolamine.
    Section 112 amends the Controlled Substance Act to reduce 
the retail sales transaction threshold from 24 grams to 9 grams 
for certain products containing pseudoephedrine or 
phenylpropanolamine, and requires that they be sold in package 
sizes of not more than 3 grams of pseudoephedrine or 
phenylpropanolamine base.
    The committee notes that, according to the DEA, at least 
80-90% of the methamphetamine in this country is produced in 
``superlabs'', located mainly in California. These laboratories 
are operated and supplied by Mexican drug trafficking 
organizations who exploit existing, well-established 
transportation networks on both sides of the border. These 
organizations are also able to illegally secure and ship 
precursor chemicals. The remaining 10-20% of methamphetamine 
used domestically is produced in the many smaller laboratories 
that have become a significant problem for State and local law 
enforcement. While these laboratories produce relatively small 
amounts of methamphetamine, they represent the vast majority of 
operating methamphetamine laboratories in this country.
    Several law enforcement officials have testified before the 
Judiciary Subcommittee on Crime that Federal and State controls 
on precursor chemicals (such as ephedrine, pseudoephedrine, and 
phenylpropanolamine) are having a positive impact on the purity 
of methamphetamine produced. It is clear that trafficking 
organizations deal also in precursor chemicals and that the 
illegal procurement and distribution of these chemicals is 
quite lucrative.
    Nonetheless, the DEA has expressed great concern about the 
diversion of 100-count bottles of ephedrine or pseudoephedrine 
tablets to clandestine meth labs. Therefore, this section would 
reduce the registration, record keeping, and reporting 
threshold from 24 to 9 grams, and require that contain no more 
than 3 grams of the base ingredient. From a practical 
standpoint, this reduces the transaction threshold for 100-
count bottles from 8 to 3 bottles. It is the view of the 
committee that all transactions involving single packages 
larger than 3 grams should trigger DEA registration and record 
keeping requirements.
Section 113. Training for Drug Enforcement Administration and State and 
        Local Law Enforcement Personnel Relating to Clandestine 
        Laboratories.
    Section 113 authorizes $5.5 million for each fiscal year 
2001 through 2003 for DEA training programs designed to: 1) 
train State and local law enforcement in techniques used in 
meth investigations; 2) provide a certification program for 
State and local law enforcement enabling them to meet 
requirements with respect to the handling of wastes created by 
meth labs; 3) create a certification program that enables 
certain State and local law enforcement to recertify other law 
enforcement in their regions; and, 4) staff mobile training 
teams which provide State and local law enforcement with 
advanced training in conducting clan lab investigations and 
with training that enables them to recertify other law 
enforcement personnel. The training programs are authorized for 
3 years, after which the States, either alone or in 
consultation or combination with other States, will be 
responsible for training their own personnel.
Section 114. Combating Methamphetamine and Amphetamine in High 
        Intensity Drug Trafficking Areas.
    Section 114 authorizes $15 million for FY 2001, and 
necessary sums thereafter through 2004, for the Office of 
National Drug Control Policy (ONDCP) by hiring new Federal, 
State, and local law enforcement personnel in designated High 
Intensity Drug Trafficking Areas (HIDTA), including agents, 
investigators, prosecutors, lab technicians and chemists. It 
provides that the funds shall be apportioned among the HIDTA's 
based on the following factors: 1) the number of 
methamphetamine laboratories discovered in the previous year; 
2) the number of methamphetamine prosecutions in the previous 
year; 3) the number of methamphetamine arrests in the previous 
year; 4) the amounts of methamphetamine seized in the previous 
year; and 5) intelligence and predictive data from the DEA and 
Health and Human Services (HHS) showing patterns and trends in 
abuse, trafficking and transportation patterns in 
methamphetamine, amphetamine and listed chemicals. Before 
apportioning any funds, the Director must certify that the law 
enforcement entities responsible for clandestine laboratory 
seizures are providing laboratory seizure data to the national 
clandestine laboratory database at the El Paso Intelligence 
Center. It also provides that not more than 5 percent of the 
appropriated amount may be used for administrative costs.
Section 115. Combating Amphetamine and Methamphetamine Manufacturing 
        and Trafficking.
    Subsection 115(a) authorizes the Administrator of the DEA 
to hire new agents to 1) assist State and local law enforcement 
in small and mid-sized communities in all phases of drug 
investigations, including assistance with foreign-language 
interpretation; 2) staff additional regional enforcement and 
mobile enforcement teams; 3) establish additional resident 
offices and posts of duty to assist State and local law 
enforcement in rural areas; 4) provide the Special Operations 
Division with additional agents for intelligence and 
investigative operations; 5) enhance the investigative and 
related functions of the Chemical Control Program to more fully 
implement the provisions of the Comprehensive Methamphetamine 
Control Act of 1996; 6) design an effective means of requiring 
an accurate accounting of the import and export of list I 
chemicals, and coordinate investigations relating to the 
diversion of such chemicals; 7) develop a computer 
infrastructure to receive, process, analyze, and redistribute 
time-sensitive enforcement information from suspicious order 
reporting to DEA field offices and other law enforcement and 
regulatory agencies, including the continuing development of 
the Suspicious Order Reporting and Tracking System and the 
Chemical Transaction Database of the Administration; 8) 
establish an education, training, and communication process in 
order to alert the industry to current trends and emerging 
patterns in the illegal manufacturing of amphetamine and 
methamphetamine; and, 9) carry out such other activities as the 
Administrator considers appropriate.
    Subsection 115(b)(1) authorizes the Administrator to 
establish not more than 50 full-time positions, including not 
more than 31 special-agent positions, and may appoint personnel 
to such positions. Subsection 115(b)(2) further authorizes the 
Administrator, in carrying out activities (5) through (8) of 
Subsection 115(a), to establish not more than 15 full-time 
positions, including not more than 10 diversion investigator 
positions, and to appoint personnel to such positions. These 
positions will be in addition to other positions authorized 
under this subsection.
    Subsection 115(c) authorizes $9.5 million for each fiscal 
year after FY 2000 for purposes of carrying out the activities 
authorized by subsection (a) and employing personnel in 
positions established under subsection (b), of which $3 million 
shall be available for activities (5) through (8) of Subsection 
115(a) and for employing personnel in positions authorized in 
subsection 115(b)(2).
Subtitle C--Abuse Prevention and Treatment
Section 121. Expansion of Methamphetamine Research.
    Section 121 amends the Public Health Service Act to 
authorize necessary sums in each fiscal year for the Director 
of the National Institute on Drug Abuse (NIDA) to make grants 
and enter into cooperative agreements to expand the National 
Drug Abuse Treatment Clinical Trials Network relating to 
methamphetamine abuse and addiction and other biomedical, 
behavioral, and social issues related to methamphetamine abuse 
and addiction. Funds made available under this section may be 
used only for certain enumerated research criteria. This 
section further requires NIDA to promptly disseminate research 
results to Federal, State, and local entities involved in 
combating methamphetamine abuse and addiction.
Section 122. Methamphetamine and Amphetamine Treatment Initiative by 
        Center for Substance Abuse Treatment.
    Section 122 amends the Public Health Service Act to 
authorize $10 million for FY 2001 and necessary sums thereafter 
through FY 2003 for the Director of the Center for Substance 
Abuse Treatment to make grants to substance abuse directors of 
States and Indian tribes that have a high rate, have had a 
rapid increase, in methamphetamine or amphetamine abuse or 
addiction in order to permit them to expand activities in 
connection with the treatment of that abuse and addiction in 
those geographical areas. Grant activities shall be based on 
reliable scientific evidence of their efficacy in the treatment 
of methamphetamine and amphetamine abuse or addiction. Further, 
the Director shall: 1) ensure that grants are distributed 
equitably among the various regions of the country, and among 
rural, urban, and suburban areas that are affected by this 
abuse and addiction; 2) evaluate the activities supported by 
grants; 3) disseminate widely such significant information 
derived from the evaluation to assist States, Indian tribes, 
and private providers of treatment services; and, 4) provide 
States, Indian tribes, and such providers with technical 
assistance in connection with the provision of such treatment. 
Of the funds appropriated to carry out this section in any 
fiscal year, only the lesser of 5 percent of such funds or $1 
million shall be available to the Director its administration.
Section 123. Expansion of Methamphetamine Abuse Prevention Efforts.
    Section 123 amends the Public Health Service Act to 
authorize $15 million in FY 2001 and necessary sums thereafter 
to authorize the Administrator of the Substance Abuse and 
Mental Health Services Administration (SAMSHA) to make grants 
to public and nonprofit private entities to carry out school-
based and community programs concerning methamphetamine and 
other illicit drugs that are effective and science-based and 
consistent with certain enumerated research and clinical 
criteria. The Administrator shall give priority in making 
grants to rural and urban areas that are experiencing a high 
rate or rapid increase in methamphetamine abuse. The amounts 
awarded may be used to carry out various programs that focus on 
populations that are most at-risk for abuse of or addiction to 
methamphetamine and other illicit drugs.
    The committee recognizes that prevention programs, along 
with effective law enforcement efforts and appropriate criminal 
penalties, are necessary to battle the manufacturing of 
methamphetamine in this country. It is the view of the 
committee that, in awarding grants under this section, SAMHSA 
should give priority to rural and urban areas that are 
experiencing a high rate or rapid increase in methamphetamine 
abuse and/or addiction.
Section 124. Study of Methamphetamine Treatment.
    Section 124 directs the Secretary of HHS, in consultation 
with the Institute of Medicine of the National Academy of 
Sciences, to conduct a study on the development of medications 
to treat addiction to amphetamine and methamphetamine and to 
report the findings to Congress within 9 months after enactment 
of this act.
Subtitle D--Reports
Section 131. Reports on Consumption of Methamphetamine and Other 
        Illicit Drugs in Rural Areas, Metropolitan Areas, and 
        Consolidated Metropolitan Areas.
    Section 131 requires the Secretary of Health and Human 
Services to include in each National Household Survey on Drug 
Abuse appropriate prevalence data and information on the 
consumption of methamphetamine and other illicit drugs in rural 
areas, metropolitan areas, and consolidated metropolitan areas.
Section 132. Report on Diversion of Ordinary, Over-the-counter 
        Pseudoephedrine and Phenylpropanolamine Products.
    Subsection 132(a) of the bill requires the Attorney General 
to conduct a report on the diversion and use of ordinary, over-
the-counter pseudoephedrine and phenylpropanolamine products 
(via safe harbor packaging) in the clandestine production of 
illegal drugs, consistent with data supplied from certain 
enumerated sources.
    Subsection 132(b) requires, within 1 year from the date of 
enactment of this act, the Attorney General to report to 
Congress the findings as a result of the study, and any 
recommendations on the need to establish additional measures to 
prevent diversion of ordinary, over-the-counter pseudoepedrine 
and phenylpropanolamine as appropriate.
    Subsection 132(c) requires, notwithstanding the 
Comprehensive Methamphetamine Control Act of 1996, the Attorney 
General to establish by regulation, after notice, comment, and 
opportunity for a hearing, a single-transaction limit of not 
less than a 24 gram threshold on (``safe harbor'' packaging of) 
pseudoephedrine or phenylpropanolamine for retail distributors, 
if the Attorney General finds, in the report under subsection 
132(b) there is report finds that there is a significant number 
of instances where safe harbor or ``blister'' packages 
purchased at retail were widely used in the clandestine 
production of illegal drugs; and the best practical method of 
preventing such use is the establishment of single-transaction 
limits for retail distributors of either or both of such 
products.
    It is the view of the committee that the purpose of the 
study is to determine what amount of ordinary over-the-counter 
pseudoephedrine and phenylpropanolamine products used in 
clandestine meth labs are actually purchased at retail. If most 
ordinary over-the-counter drug products used in meth labs are 
obtained through theft, smuggling, or sold ``through the back 
door,'' additional restrictions on the retail sale of ordinary 
over-the-counter drug products will have little or no impact on 
clandestine meth production. For that reason, the committee is 
directing that the study make a clear distinction between those 
over-the-counter drug products found in clandestine drug 
laboratories that are obtained through legal purchases from 
traditional retail outlets through face-to-face transactions, 
and those obtained illicitly.

               Title II--Controlled Substances Generally

Subtitle A--Criminal Matters
Section 201. Enhanced Punishment for Trafficking in List I Chemicals.
    Section 201 directs the United States Sentencing Commission 
to amend Federal sentencing guidelines, as soon as practicable 
after enactment, with respect to violations of certain 
provisions of the Controlled Substances Act and Controlled 
Substance Import and Export Act involving list I chemicals. In 
carrying out this section, the Commission shall review and 
amend its guidelines to provide for increased penalties for 
offenses involving ephedrine, phenylpropanolamine, or 
pseudophedrine such that those penalties correspond to the 
quantity of controlled substance that could reasonably have 
been manufactured using the quantity of those chemicals 
distributed. The Commission is further directed to establish a 
table of conversion ratios based on scientific, law 
enforcement, and other appropriate data for determining the 
quantity of controlled substances that could reasonably be made 
from those list I chemicals. In carrying out this section, the 
Commission shall, with respect to each offense involving any 
list I chemical other than ephedrine, phenylpropanolamine, or 
pseudoephedrine, review and amend its guidelines to provide for 
increased penalties such that those penalties reflect the 
dangerous nature of such offenses, the need for aggressive law 
enforcement action to fight such offenses, and certain extreme 
dangers associated with unlawful activity involving 
methamphetamine and amphetamine.
Section 202. Mail Order Requirements.
    Section 202 amends the Controlled Substances Act to chance 
reporting requirements for registered persons who engage in a 
transaction with a person involving ephedrine, pseudoephedrine, 
or phenylpropanolamine to submit monthly reports to the 
Attorney General documenting each transaction. While certain 
reported information assists the DEA in monitoring the 
diversion of listed chemicals, some reported information has 
proven to be both unuseful to the DEA and burdensome to 
industry.
    The reporting requirements exempted in this section 
represent requirements that both the DEA and industry have 
determined to have little value in monitoring diversion. 
Reporting will no longer be required for valid prescriptions, 
limited distributions of sample packages, distributions by 
retail distributors if consistent with authorized activities, 
distributions to long-term care facilities, and any product 
that has been exempted by the Attorney General. This section 
also allows the Attorney General to revoke this exemption upon 
a finding that the drug product being distributed is used in 
violation of the Controlled Substances Act.
Section 204. Theft and Transportation of Anhydrous Ammonia for Purposes 
        of Illicit Production of Controlled Substances.
    Section 204 amends the Controlled Substances Act to make it 
unlawful for a person to steal anhydrous ammonia, or to 
transport stolen anhydrous ammonia across State lines, knowing, 
intending, or having reasonable cause to believe that such 
anhydrous ammonia will be used to manufacture a controlled 
substance. Anhydrous ammonia is legitimately used by farmers to 
make fertilizer; however, unfortunately it is also used by drug 
manufacturers to produce methamphetamine. The committee has 
heard from members of farming communities about the widespread 
theft of anhydrous ammonia by criminals, and it is the view of 
the committee that this is a serious problem.
    This section also requires the Administrator of the DEA to 
seek to enter into an agreement with Iowa State University in 
order to permit the University to continue and expand its 
current research into the development of inert agents that, 
when added to anhydrous ammonia, eliminate its usefulness as an 
ingredient in the production of methamphetamine. This provision 
authorizes $500,000 to the DEA for FY 2001 for this purpose and 
allows that same amount to be spent in the agreement with the 
University.
Subtitle B--Other Matters
Section 211. Waiver Authority for Physicians Who Dispense or Prescribe 
        Certain Narcotic Drugs for Maintenance Treatment or 
        Detoxification Treatment.
    Section 211 amends the Controlled Substances Act with 
respect to registration requirements for practitioners who 
dispense narcotic drugs in schedule IV or V for maintenance 
treatment or detoxification treatment. It frees qualified 
physicians to treat their addicted patients using schedule IV 
or V drugs, promises to speed the further development and 
approval of schedule IV and V narcotic drugs suitable for 
addiction treatment purposes, and offers the prospect of 
medical treatment for the many Americans for whom other 
treatment programs are out of reach.
    Under existing law, physicians must register with the Drug 
Enforcement Administration (DEA) in order to dispense 
controlled substances. If physicians wish to dispense narcotic 
controlled substances for maintenance and detoxification 
treatment, the physicians must have the additional prior 
approval of the DEA, as well as the endorsement of State and 
local regulatory authorities, and the drugs used in treatment 
must have been approved by the Food and Drug Administration 
(FDA). This section waives the additional approval process for 
qualified physicians who comply with the waiver procedure. For 
3 years following enactment, it supersedes any conflicting 
State or local law or regulation.
    The waiver procedure only extends to physicians registered 
to dispense controlled substances and qualified by training or 
experience to treat opiate-dependent patients. Physicians 
activate the waiver mechanism by notifying the Secretary of 
Health and Human Services (the Secretary) in writing of their 
intention to begin treatments and documenting their 
qualifications. The waiver is available for treatment involving 
schedule IV or V controlled substances, alone or in 
combination, and unless the number is adjusted by the 
Secretary, for the treatment of no more than 40 patients at any 
one time.
    This provision relies on several safeguards against abuse 
of the waiver procedure. The Secretary may deny access to the 
waiver mechanism in the case of treatments using a particular 
drug or combination of drugs should the Secretary determine 
that the drug or drugs warrant either more demanding physician 
qualification standards or more narrowly defined restrictions 
on the quantities that may be dispensed for unsupervised use.
    Physicians risk the loss of their registration to dispense 
controlled substances, and in serious cases criminal 
prosecution, if they dispense schedule IV or V controlled 
substances absent either the existing approval procedure or the 
bill's mechanism waiving the requirements of that procedure.
    Finally, within 3 years following enactment, the Secretary 
and the Attorney General may end availability of the waiver. 
The Secretary's decision may turn upon determinations whether 
(1) the treatments provided under the waiver mechanism have 
been effective forms of clinical treatment; (2) the waivers 
have increased the availability of treatment; or (3) the 
treatments have had adverse public health consequences. The 
Attorney General's decision may likewise be grounded upon (1) 
the waiver mechanism's adverse public health consequences; (2) 
the extent to which the numerical limitations on patients under 
treatment have been breached; or (3) the extent to which the 
waiver mechanism has contributed to an increase in violations 
of the Controlled Substances Act that involve schedule IV or V 
drugs.
    Nothing in this section is intended to affect the long-
standing authority of the Attorney General to enforce the 
standard that a controlled substance is legally dispensed by a 
practitioner only when it is dispensed for a legitimate medical 
purpose by the practitioner acting in the usual course of his/
her professional practice. Nor is it intended to affect the 
authority of the Secretary of Health and Human Services under 
42 U.S.C. Sec. 257(a), after consultation with the Attorney 
General, to determine appropriate methods of professional 
practice in the medical treatment of narcotic addiction. See, 
U.S. v. Moore, 423 U.S. 122 (1975). The standard applies to the 
dispensing of all controlled substances, including dispensing 
in the course of maintenance or detoxification of an 
individual.

                        Title III--Miscellaneous

Section 301. Antidrug Messages on Federal Government Internet Websites.
    Section 301 requires all Federal departments and agencies, 
in consultation with ONDCP, to place anti-drug messages on 
their Internet websites as well as an electronic hyperlink to 
the ONDCP website.
Section 302. Severability.
    Section 302 provides that any provision of this act held to 
be invalid or unenforceable shall be construed as to give the 
maximum effect permitted by law, unless such provision is held 
to be utterly invalid or unenforceable, in which event such 
provision shall be severed from this act and shall not affect 
the applicability of the remainder of the act.

                 Title IV--Club Drug Anti-Proliferation

Section 401. Enhanced Punishment of Club Drug Traffickers.
    Section 401 directs the United States Sentencing Commission 
to amend the Federal sentencing guidelines regarding any 
offense relating to the manufacture, importation, or 
exportation of, or trafficking in, MDMA (aka ``Ecstasy''), PMA, 
or any other ``club drug'' as determined by the Sentencing 
Commission in consultation with the Attorney General, so that 
the penalties are comparable to the base offense levels for 
offenses involving any methamphetamine mixture.
    Under current sentencing guidelines, Ecstasy possession and 
smuggling is sentenced less severely even than amphetamine. In 
fact, in some areas of the country the minimum threshold for 
Federal prosecution for trafficking of Ecstasy is 10,000 pills. 
Even if a drug trafficker is convicted of an offense related to 
the possession of 1000 pills, he/she may only receive 1 year in 
prison, only 6 years for 50,000 pills, and only 10 years for 
200,000 pills. 200,000 pills has an approximate street value of 
$10 million.
    This section directs the Sentencing Commission to amend 
Federal sentencing guidelines in light of the increasing use of 
Ecstasy and knowledge of its effects. The Commission shall 
review and amend the Federal sentencing guidelines, making them 
comparable to the base offense levels for offenses involving 
any methamphetamine mixture. Under these new guidelines, 50 
grams of MDMA, almost 200 pills, would lead approximately to a 
5-year prison sentence. The committee notes that the section 
does not specify a mandatory minimum, instead it leaves the 
actual sentencing derivation up to the sentencing commission.
Section 402. Enhanced Punishment of GHB Traffickers.
    Section 402 directs the US Sentencing Commission to amend 
the Federal sentencing guidelines with respect to any offense 
relating to the manufacture, importation, exportation, or 
trafficking in gamma-hydroxybutyric acid and its salts (GHB), 
or the list I chemical gamma-butyrolactone (GBL), so that the 
penalties reflect the seriousness of these offenses and the 
need to deter them, as well as so that the guidelines provide 
that offenses involving a significant quantity of Schedule I 
and II depressants are subject to greater terms of imprisonment 
than currently provided by the guidelines, consistent with 
applicable statutory maximum penalties.
Section 403. Emergency Authority to Sentencing Commission.
    The Commission shall promulgate the amendments 
corresponding to sections 401 and 402 as soon as practicable 
after date of enactment.
Section 404. Expansion of Club Drug Abuse Prevention Efforts.
    Section 404 amends the Public Health Service Act to 
authorize $5 million (for FY 01, and such sums as necessary 
beyond that) to Administrator of the Substance Abuse and Mental 
Health Services Administration (SAMSHA) for grants to public 
and nonprofit private entities to carry out school and 
community-based programs concerning the dangers of addiction to 
Ecstasy, PMA, or related drugs. The Administrator is to give 
priority for grants to areas experiencing a high rate of abuse 
and addiction. This section also directs the Director of ONDCP 
to ensure that the Drug-Free Media Campaign addresses Ecstasy 
and club drug abuse.

 Title V--Reimbursement by Drug Enforcement Administration of Expenses 
           Incurred to Remediate Methamphetamine Laboratories

Section 501. Reimbursement by Drug Enforcement Administration of 
        Expenses Incurred to Remediate Methamphetamine Laboratories.
    Section 501 authorizes $10 million for the remainder of FY 
2000, and $20 million for FY 2001, to the DEA for the purpose 
of reimbursing States, localities, Indian tribes, and other 
public entities for expenses related to cleaning up clandestine 
methamphetamine laboratories. While this function has been 
funded in the past, it has never been authorized.
    Remediation of a methamphetamine laboratory is extremely 
expensive, often running into the tens of thousands of dollars. 
Local governments and law enforcement agencies, especially 
those in rural areas, cannot afford these escalating costs. 
This provision will allow the DEA to use funds to assist with 
this effort. Further, the section authorizes DEA to hire five 
additional personnel in their hazardous waste disposal unit to 
meet the increasing demands of meth lab processing and 
disposal.
    With respect to the authorization of funds for FY 2000, 
this section makes $10 million in unobligated funds in the COPS 
program available to assist State and local law enforcement 
agencies with the costs of cleaning up clandestine 
methamphetamine laboratories. Funds were made available for 
this purpose in fiscal years 1998 and 1999, however, funds made 
available in FY 2000 were designated for 15 specific 
recipients, leaving inadequate funding for other States and 
localities across the country. The Drug Enforcement 
Administration used residual FY 1998 and 1999 funds to assist 
with clean-up during this current fiscal year, however, those 
funds have been exhausted. The amendment provides funding for 
the program through the end of the current fiscal year.
    With respect to the authorization of funds for FY 2001, the 
amendment authorizes $20 million for cleanup costs. This 
funding level is consistent with the funding provided in the 
House-passed Commerce, Justice, State and Judiciary 
Appropriations Act for FY 2001.

                     Title VI--Federal Drug Courts

Section 601. Establishment.
    Section 601 authorizes Federal courts to consider 
sentencing individuals convicted of a Federal non-violent drug-
related offense involving a simple possession quantity of drugs 
to an appropriate rehabilitation program established under this 
section.
Section 602. Rehabilitation Program.
    Section 602 requires the Federal Bureau of Prisons to 
establish and maintain a rehabilitation program consisting of 
residential substance abuse treatment and after care. The 
Committee notes that current law (18 U.S.C. Sec. 3621(e)) 
requires the BOP to offer substance abuse treatment programs to 
all person incarcerated in the custody of the BOP. Among the 
several programs offered to inmates is a nine month residential 
drug abuse treatment program (RDAP) offered to inmates who are 
found to be drug dependant. While inmates sentenced to short 
periods of incarceration would be unable to complete such a 
program prior to their release, other, shorter substance abuse 
awareness programs are offered in which they may participate.
    The RDAP program includes most, if not all, of the elements 
described in section 602. Other elements of a program, as 
required by this section, are also offered by the BOP to all 
inmates, but not always as part of the RDAP program. The 
Committee believes that should the BOP continue to offer 
participation in the RDAP program, and continue to offer these 
other rehabilitative programs, it will satisfy the requirements 
of this section of the bill. Accordingly, this section should 
not be constructed to require the BOP to create another drug 
treatment program to comply with this section of the bill. 
Also, Committee notes that the BOP offers participation in this 
program only to inmates whom the BOP has determined are drug 
dependant. The Committee agrees with this policy. Nothing in 
section 602 should be construed as requiring this program to be 
offered to all inmates irrespective of need, or as removing the 
authority of the BOP to determine which inmates in its custody 
may participate in this program.
Section 603. Authorization of Appropriations.
    Section 603 authorizes such sums as are necessary to carry 
out this title.

   Title VII--Study of the Effect of Mandatory Minimum Sentences for 
                Nonviolent Controlled Substance Offenses

Section 701. Findings.
    Section 701 sets forth a number of findings concerning 
mandatory minimum sentences. The committee notes, however, that 
there are no mandatory minimum sentences in H.R. 2987.
Section 702. Department of Justice Study.
    Section 702 requires the Attorney General to issues a 
report to the House and Senate Judiciary Committees, within 1 
year of the enactment of this act, on the impact of mandatory 
minimum sentences and their effectiveness.

                    Title VIII--Rule of Construction

Section 801. Rule of Construction.
    Section 801 provides that nothing in this act shall be 
construed to impose any new mandatory minimum sentences.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                       CONTROLLED SUBSTANCES ACT

                           table of contents

                   title ii--control and enforcement

       Part A--Short Title; Findings and Declaration; Definitions

Sec. 100. Short title.
     * * * * * * *

                     Part D--Offenses and Penalties

Sec. 401. Prohibited acts A--penalties.
     * * * * * * *
Sec. 422. Drug paraphernalia.
Sec. 423. Anhydrous ammonia.
     * * * * * * *

                   TITLE II--CONTROL AND ENFORCEMENT

Part A--Short Title; Findings and Declaration; Definitions

           *       *       *       *       *       *       *

                              definitions

    Sec. 102. As used in this title:
    (1) * * *

           *       *       *       *       *       *       *

    (39) The term ``regulated transaction'' means--
            (A) a distribution, receipt, sale, importation, or 
        exportation of, or an international transaction 
        involving shipment of, a listed chemical, or if the 
        Attorney General establishes a threshold amount for a 
        specific listed chemical, a threshold amount, including 
        a cumulative threshold amount for multiple transactions 
        (as determined by the Attorney General, in consultation 
        with the chemical industry and taking into 
        consideration the quantities normally used for lawful 
        purposes), of a listed chemical, except that such term 
        does not include--
                    (i) * * *

           *       *       *       *       *       *       *

                    (iv) any transaction in a listed chemical 
                that is contained in a drug that may be 
                marketed or distributed lawfully in the United 
                States under the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 301 et seq.) unless--
                            (I) * * *
                            (II) the quantity of ephedrine, 
                        pseudoephedrine, phenylpropanolamine, 
                        or other listed chemical contained in 
                        the drug included in the transaction or 
                        multiple transactions equals or exceeds 
                        the threshold established for that 
                        chemical by the Attorney General, 
                        except that the threshold for any sale 
                        of products containing pseudoephedrine 
                        or phenylpropanolamine products by 
                        retail distributors or by distributors 
                        required to submit reports by section 
                        310(b)(3) of this title shall be [24] 9 
                        grams of pseudoephedrine or [24] 9 
                        grams of phenylpropanolamine in a 
                        single transaction and sold in package 
                        sizes of not more than 3 grams of 
                        pseudoephedrine base or 3 grams of 
                        phenylpropanolamine base; or

Part C--Registration of Manufacturers, Distributors, and Dispensers of 
              Controlled Substances; Piperidine Reporting

                       registration requirements

    Sec. 303. (a) * * *

           *       *       *       *       *       *       *

    [(g) Practitioners who dispense] (g)(1) Except as provided 
in paragraph (2), practitioners who dispense or prescribe 
narcotic drugs to individuals for maintenance treatment or 
detoxification treatment shall obtain annually a separate 
registration for that purpose. The Attorney General shall 
register an applicant to dispense narcotic drugs to individuals 
for maintenance treatment or detoxification treatment (or 
both)--
            [(1)] (A) if the applicant is a practitioner who is 
        determined by the Secretary to be qualified (under 
        standards established by the Secretary) to engage in 
        the treatment with respect to which registration is 
        sought;
            [(2)] (B) if the Attorney General determines that 
        the applicant will comply with standards established by 
        the Attorney General respecting [(A) security] (i) 
        security of stocks of narcotic drugs for such 
        treatment, and [(B) the maintenance] (ii) the 
        maintenance of records (in accordance with section 307) 
        on such drugs; and
            [(3)] (C) if the Secretary determines that the 
        applicant will comply with standards established by the 
        Secretary (after consultation with the Attorney 
        General) respecting the quantities of narcotic drugs 
        which may be provided for unsupervised use by 
        individuals in such treatment.
    (2)(A) Subject to subparagraph (D), the requirements of 
paragraph (1) are waived in the case of the dispensing or 
prescribing, by a physician, of narcotic drugs in schedule III, 
IV, or V, or combinations of such drugs, if the physician meets 
the conditions specified in subparagraph (B) and the narcotic 
drugs or combinations of such drugs meet the conditions 
specified in subparagraph (C).
    (B)(i) For purposes of subparagraph (A), the conditions 
specified in this subparagraph with respect to a physician are 
that, before initially dispensing or prescribing narcotic drugs 
in schedule III, IV, or V, or combinations of such drugs, to 
patients for maintenance or detoxification treatment, the 
physician submit to the Secretary and the Attorney General a 
notification of the intent of the physician to begin dispensing 
or prescribing the drugs or combinations for such purpose, and 
that the notification to the Secretary also contain the 
following certifications by the physician:
            (I) The physician--
                    (aa) is a physician licensed under State 
                law; and
                    (bb) has training or experience and the 
                ability to treat and manage opiate-dependent 
                patients.
            (II) With respect to patients to whom the physician 
        will provide such drugs or combinations of drugs, the 
        physician has the capacity to refer the patients for 
        appropriate counseling and other appropriate ancillary 
        services.
            (III) In any case in which the physician is not in 
        a group practice, the total number of such patients of 
        the physician at any one time will not exceed the 
        applicable number. For purposes of this subclause, the 
        applicable number is 30, except that the Secretary may 
        by regulation change such total number.
            (IV) In any case in which the physician is in a 
        group practice, the total number of such patients of 
        the group practice at any one time will not exceed the 
        applicable number. For purposes of this subclause, the 
        applicable number is 30, except that the Secretary may 
        by regulation change such total number, and the 
        Secretary for such purposes may by regulation establish 
        different categories on the basis of the number of 
        physicians in a group practice and establish for the 
        various categories different numerical limitations on 
        the number of such patients that the group practice may 
        have.
    (ii)(I) The Secretary may, in consultation with the 
Administrator of the Drug Enforcement Administration, the 
Administrator of the Substance Abuse and Mental Health Services 
Administration, the Director of the Center for Substance Abuse 
Treatment, the Director of the National Institute on Drug 
Abuse, and the Commissioner of Food and Drugs, issue 
regulations through notice and comment rulemaking or practice 
guidelines to address the following:
            (aa) Approval of additional credentialing bodies 
        and the responsibilities of additional credentialing 
        bodies.
            (bb) Additional exemptions from the requirements of 
        this paragraph and any regulations under this 
        paragraph.
    (II) Nothing in the regulations or practice guidelines 
under this clause may authorize any Federal official or 
employee to exercise supervision or control over the practice 
of medicine or the manner in which medical services are 
provided.
    (III)(aa) The Secretary shall issue a Treatment Improvement 
Protocol containing best practice guidelines for the treatment 
and maintenance of opiate-dependent patients. The Secretary 
shall develop the protocol in consultation with the Director of 
the National Institute on Drug Abuse, the Director of the 
Center for Substance Abuse Treatment, the Administrator of the 
Drug Enforcement Administration, the Commissioner of Food and 
Drugs, the Administrator of the Substance Abuse and Mental 
Health Services Administration, and other substance abuse 
disorder professionals. The protocol shall be guided by 
science.
    (bb) The protocol shall be issued not later than 120 days 
after the date of the enactment of the Methamphetamine and Club 
Drug Anti-Proliferation Act of 2000.
    (IV) For purposes of the regulations or practice guidelines 
under subclause (I), a physician shall have training or 
experience under clause (i)(I)(bb) if the physician meets one 
or more of the following conditions:
            (aa) The physician is certified in addiction 
        treatment by the American Society of Addiction 
        Medicine, the American Board of Medical Specialties, 
        the American Osteopathic Academy of Addiction Medicine, 
        or any other certified body accredited by the 
        Secretary.
            (bb) The physician has been a clinical investigator 
        in a clinical trial conducted for purposes of securing 
        approval under section 505 of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 355) or section 351 of the 
        Public Health Service Act (42 U.S.C. 262) of a narcotic 
        drug in schedule III, IV, or V for the treatment of 
        addiction, if such approval was granted.
            (cc) The physician has completed training (through 
        classroom situations, seminars, professional society 
        meetings, electronic communications, or otherwise) 
        provided by the American Society of Addiction Medicine, 
        the American Academy of Addiction Psychiatry, the 
        American Osteopathic Academy of Addiction Medicine, the 
        American Medical Association, the American Osteopathic 
        Association, the American Psychiatric Association, or 
        any other organization that the Secretary determines 
        appropriate for purposes of this item. The curricula 
        may include training in patient need for counseling 
        regarding HIV, Hepatitis C, and other infectious 
        diseases, substance abuse counseling, random drug 
        testing, medical evaluation, annual assessment, 
        prenatal care, diagnosis of addiction, rehabilitation 
        services, confidentiality, and other appropriate 
        topics.
            (dd) The physician has training or experience in 
        the treatment and management of opiate-dependent 
        patients, which training or experience shall meet such 
        criteria as the Secretary may prescribe. Any such 
        criteria shall be effective for a period of three years 
        after the effective date of such criteria, but the 
        Secretary may extend the effective period of such 
        criteria by additional periods of three years for each 
        extension if the Secretary determines that such 
        extension is appropriate for purposes of this item. Any 
        such extension shall go into effect only if the 
        Secretary publishes a notice of such extension in the 
        Federal Register during the 30-day period ending on the 
        date of the end of the three-year effective period of 
        such criteria to which such extension will apply.
            (ee) The physician is certified in addiction 
        treatment by a State medical licensing board, or an 
        entity accredited by such board, unless the Secretary 
        determines (after an opportunity for a hearing) that 
        the training provided by such board or entity was 
        inadequate for the treatment and management of opiate-
        dependent patients.
    (C) For purposes of subparagraph (A), the conditions 
specified in this subparagraph with respect to narcotic drugs 
in schedule III, IV, or V, or combinations of such drugs, are 
as follows:
            (i) The drugs or combinations of drugs have, under 
        the Federal Food, Drug and Cosmetic Act or section 351 
        of the Public Health Service Act, been approved for use 
        in maintenance or detoxification treatment.
            (ii) The drugs or combinations of drugs have not 
        been the subject of an adverse determination. For 
        purposes of this clause, an adverse determination is a 
        determination published in the Federal Register and 
        made by the Secretary, after consultation with the 
        Attorney General, that experience since the approval of 
        the drug or combinations of drugs has shown that the 
        use of the drugs or combinations of drugs for 
        maintenance or detoxification treatment requires 
        additional standards respecting the qualifications of 
        physicians to provide such treatment, or requires 
        standards respecting the quantities of the drugs that 
        may be provided for unsupervised use.
    (D)(i) A waiver under subparagraph (A) with respect to a 
physician is not in effect unless (in addition to conditions 
under subparagraphs (B) and (C)) the following conditions are 
met:
            (I) The notification under subparagraph (B) is in 
        writing and states the name of the physician.
            (II) The notification identifies the registration 
        issued for the physician pursuant to subsection (f).
            (III) If the physician is a member of a group 
        practice, the notification states the names of the 
        other physicians in the practice and identifies the 
        registrations issued for the other physicians pursuant 
        to subsection (f).
            (IV) A period of 45 days has elapsed after the date 
        on which the notification was submitted, and during 
        such period the physician does not receive from the 
        Secretary a written notice that one or more of the 
        conditions specified in subparagraph (B), subparagraph 
        (C), or this subparagraph, have not been met.
    (ii) The Secretary shall provide to the Attorney General 
such information contained in notifications under subparagraph 
(B) as the Attorney General may request.
    (E) If in violation of subparagraph (A) a physician 
dispenses or prescribes narcotic drugs in schedule III, IV, or 
V, or combinations of such drugs, for maintenance treatment or 
detoxification treatment, the Attorney General may, for 
purposes of section 304(a)(4), consider the physician to have 
committed an act that renders the registration of the physician 
pursuant to subsection (f) to be inconsistent with the public 
interest.
    (F)(i) Upon determining that a physician meets the 
conditions specified in subparagraph (B), the Secretary shall 
notify the physician and the Attorney General.
    (ii) Upon receiving notice with respect to a physician 
under clause (i), the Attorney General shall assign the 
physician an identification number under this paragraph for 
inclusion with the physician's current registration to 
prescribe narcotics. An identification number assigned a 
physician under this clause shall be appropriate to preserve 
the confidentiality of a patient prescribed narcotic drugs 
covered by this paragraph by the physician.
    (iii) If the Secretary fails to make a determination 
described in clause (i) by the end of the 45-day period 
beginning on the date of the receipt by the Secretary of a 
notification from a physician under subparagraph (B), the 
Attorney General shall assign the physician an identification 
number described in clause (ii) at the end of such period.
    (G) In this paragraph:
            (i) The term ``group practice'' has the meaning 
        given such term in section 1877(h)(4) of the Social 
        Security Act.
            (ii) The term ``physician'' has the meaning given 
        such term in section 1861(r) of the Social Security 
        Act.
    (H)(i) This paragraph takes effect on the date of the 
enactment of the Methamphetamine and Club Drug Anti-
Proliferation Act of 2000, and remains in effect thereafter 
except as provided in clause (iii) (relating to a decision by 
the Secretary or the Attorney General that this paragraph 
should not remain in effect).
    (ii) For the purposes relating to clause (iii), the 
Secretary and the Attorney General shall, during the 3-year 
period beginning on the date of the enactment of the 
Methamphetamine and Club Drug Anti-Proliferation Act of 2000, 
make determinations in accordance with the following:
            (I)(aa) The Secretary shall--
                    (aaa) make a determination of whether 
                treatments provided under waivers under 
                subparagraph (A) have been effective forms of 
                maintenance treatment and detoxification 
                treatment in clinical settings;
                    (bbb) make a determination regarding 
                whether such waivers have significantly 
                increased (relative to the beginning of such 
                period) the availability of maintenance 
                treatment and detoxification treatment; and
                    (ccc) make a determination regarding 
                whether such waivers have adverse consequences 
                for the public health.
            (bb) In making determinations under this subclause, 
        the Secretary--
                    (aaa) may collect data from the 
                practitioners for whom waivers under 
                subparagraph (A) are in effect;
                    (bbb) shall issue appropriate guidelines or 
                regulations (in accordance with procedures for 
                substantive rules under section 553 of title 5, 
                United States Code) specifying the scope of the 
                data that will be required to be provided under 
                this subclause and the means through which the 
                data will be collected; and
                    (ccc) shall, with respect to collecting 
                such data, comply with applicable provisions of 
                chapter 6 of title 5, United States Code 
                (relating to a regulatory flexibility 
                analysis), and of chapter 8 of such title 
                (relating to congressional review of agency 
                rulemaking).
            (II) The Attorney General shall--
                    (aa) make a determination of the extent to 
                which there have been violations of the 
                numerical limitations established under 
                subparagraph (B) for the number of individuals 
                to whom a practitioner may provide treatment; 
                and
                    (bb) make a determination regarding whether 
                waivers under subparagraph (A) have increased 
                (relative to the beginning of such period) the 
                extent to which narcotic drugs in schedule III, 
                IV, or V, or combinations of such drugs, are 
                being dispensed or prescribed, or possessed, in 
                violation of this Act.
    (iii) If, before the expiration of the period specified in 
clause (ii), the Secretary or the Attorney General publishes in 
the Federal Register a decision, made on the basis of 
determinations under such clause, that this paragraph should 
not remain in effect, this paragraph ceases to be in effect 60 
days after the date on which the decision is so published. The 
Secretary shall, in making any such decision, consult with the 
Attorney General, and shall, in publishing the decision in the 
Federal Register, include any comments received from the 
Attorney General for inclusion in the publication. The Attorney 
General shall, in making any such decision, consult with the 
Secretary, and shall, in publishing the decision in the Federal 
Register, include any comments received from the Secretary for 
inclusion in the publication.
    (I) During the 3-year period beginning on the date of the 
enactment of the Methamphetamine and Club Drug Anti-
Proliferation Act of 2000, a State may not preclude a 
practitioner from dispensing or prescribing narcotic drugs in 
schedule III, IV, or V, or combinations of such drugs, to 
patients for maintenance or detoxification treatment in 
accordance with this paragraph, or the other amendments made by 
section 22 of that Act, unless, before the expiration of that 
3-year period, the State enacts a law prohibiting a 
practitioner from dispensing or prescribing such drugs or 
combination of drugs.

           *       *       *       *       *       *       *

           denial, revocation, or suspension of registration

    Sec. 304. (a) A registration pursuant to section 303 to 
manufacture, distribute, or dispense a controlled substance or 
a list I chemical may be suspended or revoked by the Attorney 
General upon a finding that the registrant--
            (1) * * *

           *       *       *       *       *       *       *

A registration pursuant to section [303(g)] 303(g)(1) to 
dispense a narcotic drug for maintenance treatment or 
detoxification treatment may be suspended or revoked by the 
Attorney General upon a finding that the registrant has failed 
to comply with any standard referred to in section [303(g)] 
303(g)(1).

           *       *       *       *       *       *       *

    (d) The Attorney General may, in his discretion, suspend 
any registration simultaneously with the institution of 
proceedings under this section, in cases where he finds that 
there is an imminent danger to the public health or safety. A 
failure to comply with a standard referred to in section 
[303(g)] 303(g)(1) may be treated under this subsection as 
grounds for immediate suspension of a registration granted 
under such section. A suspension under this subsection shall 
continue in effect until the conclusion of such proceedings, 
including judicial review thereof, unless sooner withdrawn by 
the Attorney General or dissolved by a court of competent 
jurisdiction.

           *       *       *       *       *       *       *

          regulation of listed chemicals and certain machines

    Sec. 310. (a) * * *
    (b)(1) * * *

           *       *       *       *       *       *       *

            (3) Mail order reporting.--(A) As used in this 
        paragraph:
                    (i) The term ``drug product'' means an 
                active ingredient in dosage form that has been 
                approved or otherwise may be lawfully marketed 
                under the Food, Drug, and Cosmetic Act for 
                distribution in the United States.
                    (ii) The term ``valid prescription'' means 
                a prescription which is issued for a legitimate 
                medical purpose by an individual practitioner 
                licensed by law to administer and prescribe the 
                drugs concerned and acting in the usual course 
                of the practitioner's professional practice.
            [(A)] (B) Each regulated person who engages in a 
        transaction with a nonregulated person or who engages 
        in an export transaction which--
                    (i) involves ephedrine, pseudoephedrine, or 
                phenylpropanolamine (including drug products 
                containing these chemicals); and
                    (ii) uses or attempts to use the Postal 
                Service or any private or commercial carrier;
        shall, on a monthly basis, submit a report of each such 
        transaction conducted during the previous month to the 
        Attorney General in such form, containing such data, 
        and at such times as the Attorney General shall 
        establish by regulation.
            [(B)] (C) The data required for such reports shall 
        include--
                    (i) the name of the purchaser;
                    (ii) the quantity and form of the 
                ephedrine, pseudoephedrine, or 
                phenylpropanolamine purchased; and
                    (iii) the address to which such ephedrine, 
                pseudoephedrine, or phenylpropanolamine was 
                sent.
                    (D) Except as provided in subparagraph (E), 
                the following distributions to a nonregulated 
                person, and the following export transactions, 
                shall not be subject to the reporting 
                requirement in subparagraph (B):
                            (i) Distributions of sample 
                        packages of drug products when such 
                        packages contain not more than 2 solid 
                        dosage units or the equivalent of 2 
                        dosage units in liquid form, not to 
                        exceed 10 milliliters of liquid per 
                        package, and not more than one package 
                        is distributed to an individual or 
                        residential address in any 30-day 
                        period.
                            (ii) Distributions of drug products 
                        by retail distributors that may not 
                        include face-to-face transactions to 
                        the extent that such distributions are 
                        consistent with the activities 
                        authorized for a retail distributor as 
                        specified in section 102(46).
                            (iii) Distributions of drug 
                        products to a resident of a long term 
                        care facility (as that term is defined 
                        in regulations prescribed by the 
                        Attorney General) or distributions of 
                        drug products to a long term care 
                        facility for dispensing to or for use 
                        by a resident of that facility.
                            (iv) Distributions of drug products 
                        pursuant to a valid prescription.
                            (v) Exports which have been 
                        reported to the Attorney General 
                        pursuant to section 1004 or 1018 or 
                        which are subject to a waiver granted 
                        under section 1018(e)(2).
                            (vi) Any quantity, method, or type 
                        of distribution or any quantity, 
                        method, or type of distribution of a 
                        specific listed chemical (including 
                        specific formulations or drug products) 
                        or of a group of listed chemicals 
                        (including specific formulations or 
                        drug products) which the Attorney 
                        General has excluded by regulation from 
                        such reporting requirement on the basis 
                        that such reporting is not necessary 
                        for the enforcement of this title or 
                        title III.
                    (E) The Attorney General may revoke any or 
                all of the exemptions listed in subparagraph 
                (D) for an individual regulated person if he 
                finds that drug products distributed by the 
                regulated person are being used in violation of 
                this title or title III. The regulated person 
                shall be notified of the revocation, which will 
                be effective upon receipt by the person of such 
                notice, as provided in section 1018(c)(1), and 
                shall have the right to an expedited hearing as 
                provided in section 1018(c)(2).

           *       *       *       *       *       *       *

                     Part D--Offenses and Penalties

                          Criminal Forfeitures

                property subject to criminal forfeiture

    Sec. 413. (a) * * *

           *       *       *       *       *       *       *

    (q) The court, when sentencing a defendant convicted of an 
offense under this title or title III involving the manufacture 
of amphetamine or methamphetamine, [may] shall--
            (1) order restitution as provided in sections 3612 
        and 3664 of title 18, United States Code;
            (2) order the defendant to reimburse the United 
        States, the State or local government concerned, or 
        both the United States and the State or local 
        government concerned for the costs incurred by the 
        United States or the State or local government 
        concerned, as the case may be, for the cleanup 
        associated with the manufacture of amphetamine or 
        methamphetamine by the defendant; and
            (3) order restitution to any person injured as a 
        result of the offense as provided in section [3663] 
        3663A of title 18, United States Code.

               establishment of manufacturing operations

    Sec. 416. (a) * * *

           *       *       *       *       *       *       *

    (c) A violation of subsection (a) shall be considered an 
offense against property for purposes of section 
3663A(c)(1)(A)(ii) of title 18, United States Code.

           *       *       *       *       *       *       *

                           drug paraphernalia

    Sec. 422. (a) * * *

           *       *       *       *       *       *       *

    (d) The term ``drug paraphernalia'' means any equipment, 
product, or material of any kind which is primarily intended or 
designed for use in manufacturing, compounding, converting, 
concealing, producing, processing, preparing, injecting, 
ingesting, inhaling, or otherwise introducing into the human 
body a controlled substance, possession of which is unlawful 
under the Controlled Substances Act (title II of Public Law 91-
513). It includes items primarily intended or designed for use 
in ingesting, inhaling, or otherwise introducing marijuana, 
cocaine, hashish, hashish oil, PCP, methamphetamine, or 
amphetamines into the human body, such as--
            (1) * * *

           *       *       *       *       *       *       *

                           anhydrous ammonia

    Sec. 423. (a) It is unlawful for any person--
            (1) to steal anhydrous ammonia, or
            (2) to transport stolen anhydrous ammonia across 
        State lines,
knowing, intending, or having reasonable cause to believe that 
such anhydrous ammonia will be used to manufacture a controlled 
substance in violation of this part.
    (b) Any person who violates subsection (a) shall be 
imprisoned or fined, or both, in accordance with section 403(d) 
as if such violation were a violation of a provision of section 
403.

           *       *       *       *       *       *       *

                              ----------                              

              SECTION 524 OF TITLE 28, UNITED STATES CODE

Sec. 524. Availability of appropriations

    (a) * * *

           *       *       *       *       *       *       *

    (c)(1) There is established in the United States Treasury a 
special fund to be known as the Department of Justice Assets 
Forfeiture Fund (hereafter in this subsection referred to as 
the ``Fund'') which shall be available to the Attorney General 
without fiscal year limitation for the following law 
enforcement purposes--
            (A) * * *

           *       *       *       *       *       *       *

            (E)(i) for disbursements authorized in connection 
        with remission or mitigation procedures relating to 
        property forfeited under any law enforced or 
        administered by the Department of Justice; and
            (ii) for payment for--
                    (I) costs incurred by or on behalf of the 
                Department of Justice in connection with the 
                removal, for purposes of Federal forfeiture and 
                disposition, of any hazardous substance or 
                pollutant or contaminant associated with the 
                illegal manufacture of amphetamine or 
                methamphetamine; and
                    (II) costs incurred by or on behalf of a 
                State or local government in connection with 
                such removal in any case in which such State or 
                local government has assisted in a Federal 
                prosecution relating to amphetamine or 
                methamphetamine, to the extent such costs 
                exceed equitable sharing payments made to such 
                State or local government in such case;

           *       *       *       *       *       *       *

    (4) There shall be deposited in the Fund--
            (A) * * *
            (B) all amounts representing the Federal equitable 
        share from the forfeiture of property under any 
        Federal, State, local or foreign law, for any Federal 
        agency participating in the Fund; [and]
            (C) all amounts transferred by the Secretary of the 
        Treasury pursuant to section 9703(g)(4)(A)(ii) of title 
        31[.]; and
            (D) all amounts collected--
                    (i) by the United States pursuant to a 
                reimbursement order under paragraph (2) of 
                section 413(q) of the Controlled Substances Act 
                (21 U.S.C. 853(q)); and
                    (ii) pursuant to a restitution order under 
                paragraph (1) or (3) of section 413(q) of the 
                Controlled Substances Act for injuries to the 
                United States.

           *       *       *       *       *       *       *

                              ----------                              

                    TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *

                     PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *

           CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS

           *       *       *       *       *       *       *

Sec. 3663. Order of restitution

    (a) * * *

           *       *       *       *       *       *       *

    (c)(1) * * *
    (2)(A) An order of restitution under this subsection shall 
be based on the amount of public harm caused by the offense, as 
determined by the court in accordance with guidelines 
promulgated by the United States Sentencing Commission.
    (B) In no case shall the amount of restitution ordered 
under this subsection exceed the amount of the fine which may 
be ordered for the offense charged in the case.

           *       *       *       *       *       *       *

Sec. 3663A. Mandatory restitution to victims of certain crimes

    (a) * * *

           *       *       *       *       *       *       *

    (c)(1) This section shall apply in all sentencing 
proceedings for convictions of, or plea agreements relating to 
charges for, any offense--
            (A) that is--
                    (i) a crime of violence, as defined in 
                section 16;
                    (ii) an offense against property under this 
                title, or under section 416(a) of the 
                Controlled Substances Act (21 U.S.C. 856(a)), 
                including any offense committed by fraud or 
                deceit; or

           *       *       *       *       *       *       *

                              ----------                              

 SECTION 501 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

  description of the drug control and system improvement grant program

    Sec. 501. (a) * * *
    (b) The Director of the Bureau of Justice Assistance 
(hereafter in this part referred to as the ``Director'') is 
authorized to make grants to States, for the use by States and 
units of local government in the States, for the purpose of 
enforcing State and local laws that establish offenses similar 
to offenses established in the Controlled Substances Act (21 
U.S.C. 801 et seq.) and to improve the functioning of the 
criminal justice system with emphasis on violent crime and 
serious offenders. Such grants shall provide additional 
personnel, equipment, training, technical assistance, and 
information systems for the more widespread apprehension, 
prosecution, adjudication, and detention and rehabilitation of 
persons who violate these laws, and to assist the victims of 
such crimes (other than compensation), including--
            (1) * * *

           *       *       *       *       *       *       *

            (3) programs designed to target the domestic 
        sources of controlled and illegal substances, such as 
        precursor chemicals, diverted pharmaceuticals, 
        clandestine laboratories, and cannabis cultivations and 
        to remove any hazardous substance or pollutant or 
        contaminant associated with the illegal manufacture of 
        amphetamine or methamphetamine;

           *       *       *       *       *       *       *

                              ----------                              

                      PUBLIC HEALTH SERVICE ACT

           *       *       *       *       *       *       *

                TITLE IV--NATIONAL RESEARCH INSTITUTES

           *       *       *       *       *       *       *

Part C--Specific Provisions Respecting National Research Institutes

           *       *       *       *       *       *       *

              Subpart 15--National Institute on Drug Abuse

                      drug abuse research centers

    Sec. 464N. (a) * * *

           *       *       *       *       *       *       *

    (c) Methamphetamine Research.--
            (1) Grants or cooperative agreements.--The Director 
        of the Institute may make grants or enter into 
        cooperative agreements to expand the current and on-
        going interdisciplinary research and clinical trials 
        with treatment centers of the National Drug Abuse 
        Treatment Clinical Trials Network relating to 
        methamphetamine abuse and addiction and other 
        biomedical, behavioral, and social issues related to 
        methamphetamine abuse and addiction.
            (2) Use of funds.--Amounts made available under a 
        grant or cooperative agreement under paragraph (1) for 
        methamphetamine abuse and addiction may be used for 
        research and clinical trials relating to--
                    (A) the effects of methamphetamine abuse on 
                the human body, including the brain;
                    (B) the addictive nature of methamphetamine 
                and how such effects differ with respect to 
                different individuals;
                    (C) the connection between methamphetamine 
                abuse and mental health;
                    (D) the identification and evaluation of 
                the most effective methods of prevention of 
                methamphetamine abuse and addiction;
                    (E) the identification and development of 
                the most effective methods of treatment of 
                methamphetamine addiction, including 
                pharmacological treatments;
                    (F) risk factors for methamphetamine abuse;
                    (G) effects of methamphetamine abuse and 
                addiction on pregnant women and their fetuses; 
                and
                    (H) cultural, social, behavioral, 
                neurological and psychological reasons that 
                individuals abuse methamphetamine, or refrain 
                from abusing methamphetamine.
            (3) Research results.--The Director shall promptly 
        disseminate research results under this subsection to 
        Federal, State and local entities involved in combating 
        methamphetamine abuse and addiction.
            (4) Authorization of appropriations.--
                    (A) Authorization of appropriations.--There 
                is authorized to be appropriated to carry out 
                paragraph (1), such sums as may be necessary 
                for each fiscal year.
                    (B) Supplement not supplant.--Amounts 
                appropriated pursuant to the authorization of 
                appropriations in subparagraph (A) for a fiscal 
                year shall supplement and not supplant any 
                other amounts appropriated in such fiscal year 
                for research on methamphetamine abuse and 
                addiction.

   TITLE V--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

              Part A--Organization and General Authorities

           *       *       *       *       *       *       *

SEC. 506. GRANTS FOR CLUB DRUG ABUSE PREVENTION.

    (a) Authority.--The Administrator may make grants to, and 
enter into contracts and cooperative agreements with, public 
and nonprofit private entities to enable such entities--
            (1) to carry out school-based programs concerning 
        the dangers of abuse of and addiction to 3,4-
        methylenedioxy methamphetamine, 
        paramethoxymethamphetamine or related drugs, using 
        methods that are effective and science-based, including 
        initiatives that give students the responsibility to 
        create their own antidrug abuse education programs for 
        their schools; and
            (2) to carry out community-based abuse and 
        addiction prevention programs relating to 3,4-
        methylenedioxy methamphetamine, 
        paramethoxymethamphetamine or related drugs that are 
        effective and science-based.
    (b) Use of Funds.--Amounts made available under a grant, 
contract or cooperative agreement under subsection (a) shall be 
used for planning, establishing, or administering prevention 
programs relating to 3,4-methylenedioxy methamphetamine, 
paramethoxymethamphetamine or related drugs in accordance with 
paragraph (3).
    (c)(1) Discretionary Functions.--Amounts provided under 
this section may be used--
            (A) to carry out school-based programs that are 
        focused on those districts with high or increasing 
        rates of abuse and addiction to 3,4-methylenedioxy 
        methamphetamine, paramethoxymethamphetamine or related 
        drugs and targeted at populations that are most at risk 
        to start abuse of 3,4-methylenedioxy methamphetamine, 
        paramethoxymethamphetamine or related drugs;
            (B) to carry out community-based prevention 
        programs that are focused on those populations within 
        the community that are most at-risk for abuse of and 
        addiction to 3,4-methylenedioxy methamphetamine, 
        paramethoxymethamphetamine or related drugs;
            (C) to assist local government entities to conduct 
        appropriate prevention activities relating to 3,4-
        methylenedioxy methamphetamine, 
        paramethoxymethamphetamine or related drugs;
            (D) to train and educate State and local law 
        enforcement officials, prevention and education 
        officials, health professionals, members of community 
        antidrug coalitions and parents on the signs of abuse 
        of and addiction to 3,4-methylenedioxy methamphetamine, 
        paramethoxymethamphetamine or related drugs, and the 
        options for treatment and prevention;
            (E) for planning, administration, and educational 
        activities related to the prevention of abuse of and 
        addiction to 3,4-methylenedioxy methamphetamine, 
        paramethoxymethamphetamine or related drugs;
            (F) for the monitoring and evaluation of prevention 
        activities relating to 3,4-methylenedioxy 
        methamphetamine, paramethoxymethamphetamine or related 
        drugs, and reporting and disseminating resulting 
        information to the public; and
            (G) for targeted pilot programs with evaluation 
        components to encourage innovation and experimentation 
        with new methodologies.
    (2) Priority.--The Administrator shall give priority in 
making grants under this subsection to rural and urban areas 
that are experiencing a high rate or rapid increases in abuse 
and addiction to 3,4-methylenedioxy methamphetamine, 
paramethoxymethamphetamine or related drugs.
    (d)(1) Prevention Program Allocation.--Not less than 
$500,000 of the amount available in each fiscal year to carry 
out this section shall be made available to the Administrator, 
acting in consultation with other Federal agencies, to support 
and conduct periodic analyses and evaluations of effective 
prevention programs for abuse of and addiction to 3,4-
methylenedioxy methamphetamine, paramethoxymethamphetamine or 
related drugs and the development of appropriate strategies for 
disseminating information about and implementing these 
programs.
    (2) Report.--The Administrator shall submit an annual 
report containing the results of the analyses and evaluations 
conducted under paragraph (1) to--
            (A) the Committee on Health, Education, Labor, and 
        Pensions, the Committee on the Judiciary, and the 
        Committee on Appropriations of the Senate; and
            (B) the Committee on Commerce, the Committee on the 
        Judiciary, and the Committee on Appropriations of the 
        House of Representatives.
    (e) Authorization.--There is authorized to be appropriated 
to carry out this subsection--
            (1) $5,000,000 for fiscal year 2001; and
            (2) such sums as may be necessary for each 
        succeeding fiscal year.

                      Part B--Centers and Programs

            Subpart 1--Center for Substance Abuse Treatment

           *       *       *       *       *       *       *

          methamphetamine and amphetamine treatment initiative

    Sec. 514. (a) Grants.--
            (1) Authority to make grants.--The Director of the 
        Center for Substance Abuse Treatment may make grants to 
        States and Indian tribes recognized by the United 
        States that have a high rate, or have had a rapid 
        increase, in methamphetamine or amphetamine abuse or 
        addiction in order to permit such States and Indian 
        tribes to expand activities in connection with the 
        treatment of methamphetamine or amphetamine abuser or 
        addiction in the specific geographical areas of such 
        States or Indian tribes, as the case may be, where 
        there is such a rate or has been such an increase.
            (2) Recipients.--Any grants under paragraph (1) 
        shall be directed to the substance abuse directors of 
        the States, and of the appropriate tribal government 
        authorities of the Indian tribes, selected by the 
        Director to receive such grants.
            (3) Nature of activities.--Any activities under a 
        grant under paragraph (1) shall be based on reliable 
        scientific evidence of their efficacy in the treatment 
        of methamphetamine or amphetamine abuse or addiction.
    (b) Geographic Distribution.--The Director shall ensure 
that grants under subsection (a) are distributed equitably 
among the various regions of the country and among rural, 
urban, and suburban areas that are affected by methamphetamine 
or amphetamine abuse or addiction.
    (c) Additional Activities.--The Director shall--
            (1) evaluate the activities supported by grants 
        under subsection (a);
            (2) disseminate widely such significant information 
        derived from the evaluation as the Director considers 
        appropriate to assist States, Indian tribes, and 
        private providers of treatment services for 
        methamphetamine or amphetamine abuser or addiction in 
        the treatment of methamphetamine or amphetamine abuse 
        or addiction; and
            (3) provide States, Indian tribes, and such 
        providers with technical assistance in connection with 
        the provision of such treatment.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be 
        appropriated to carry out this section $10,000,000 for 
        fiscal year 2001 and such sums as may be necessary for 
        each of fiscal years 2002 and 2003.
            (2) Use of certain funds.--Of the funds 
        appropriated to carry out this section in any fiscal 
        year, the lesser of 5 percent of such funds or 
        $1,000,000 shall be available to the Director for 
        purposes of carrying out subsection (c).

            Subpart 2--Center for Substance Abuse Prevention

                 office for substance abuse prevention

        Sec. 515. (a) * * *

           *       *       *       *       *       *       *

    (e)(1) The Administrator may make grants to and enter into 
contracts and cooperative agreements with public and nonprofit 
private entities to enable such entities--
            (A) to carry out school-based programs concerning 
        the dangers of abuse of and addiction to 
        methamphetamine and other illicit drugs, using methods 
        that are effective and science-based, including 
        initiatives that give students the responsibility to 
        create their own anti-drug abuse education programs for 
        their schools; and
            (B) to carry out community-based abuse and 
        addiction prevention programs relating to 
        methamphetamine and other illicit drugs that are 
        effective and science-based.
    (2) Amounts made available under a grant, contract or 
cooperative agreement under paragraph (1) shall be used for 
planning, establishing, or administering prevention programs 
relating to methamphetamine and other illicit drugs in 
accordance with paragraph (3).
    (3)(A) Amounts provided under this subsection may be used--
            (i) to carry out school-based programs that are 
        focused on those districts with high or increasing 
        rates of methamphetamine abuse and addiction and 
        targeted at populations which are most at risk to start 
        abuse of methamphetamine and other illicit drugs;
            (ii) to carry out community-based prevention 
        programs that are focused on those populations within 
        the community that are most at-risk for abuse of and 
        addiction to methamphetamine and other illicit drugs;
            (iii) to assist local government entities to 
        conduct appropriate prevention activities relating to 
        methamphetamine and other illicit drugs;
            (iv) to train and educate State and local law 
        enforcement officials, prevention and education 
        officials, members of community anti-drug coalitions 
        and parents on the signs of abuse of and addiction to 
        methamphetamine and other illicit drugs, and the 
        options for treatment and prevention;
            (v) for planning, administration, and educational 
        activities related to the prevention of abuse of and 
        addiction to methamphetamine and other illicit drugs;
            (vi) for the monitoring and evaluation of 
        prevention activities relating to methamphetamine and 
        other illicit drugs, and reporting and disseminating 
        resulting information to the public; and
            (vii) for targeted pilot programs with evaluation 
        components to encourage innovation and experimentation 
        with new methodologies.
    (B) The Administrator shall give priority in making grants 
under this subsection to rural and urban areas that are 
experiencing a high rate or rapid increases in methamphetamine 
abuse and addiction.
    (4)(A) Not less than $500,000 of the amount available in 
each fiscal year to carry out this subsection shall be made 
available to the Administrator, acting in consultation with 
other Federal agencies, to support and conduct periodic 
analyses and evaluations of effective prevention programs for 
abuse of and addiction to methamphetamine and other illicit 
drugs and the development of appropriate strategies for 
disseminating information about and implementing these 
programs.
    (B) The Administrator shall submit to the committees of 
Congress referred to in subparagraph (C) an annual report with 
the results of the analyses and evaluation under subparagraph 
(A).
    (C) The committees of Congress referred to in this 
subparagraph are the following:
            (i) The Committees on Health, Education, Labor, and 
        Pensions, the Judiciary, and Appropriations of the 
        Senate.
            (ii) The Committees on Commerce, the Judiciary, and 
        Appropriations of the House of Representatives.

           *       *       *       *       *       *       *

                                 
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