Calendar No. 260

106TH CONGRESS

1ST SESSION S. 486

A BILL

To provide for the punishment of methamphetfor other purposes. trafficking, and abuse in the United States, and sources to combat methamphetamine production, amine laboratory operators, provide additional reAUGUST 5, 1999

Reported with an amendment
II

★(Star Print)

Calendar No. 260

106TH CONGRESS

1ST SESSION S. 486

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.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 25, 1999

Mr. ASHCROFT (for himself, Mr. DEWINE, Mr. BOND, Mr. ENZI, Mr. NICKLES, Mr. THURMOND, Mr. KYL, and Mr. COVERDELL) introduced the following bill; which was read twice and referred to the Committee on the

Judiciary

AUGUST 5, 1999

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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.

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

2 This Act may be cited as the ‘‘Determined and Full

3 Engagement Against the Threat of Methamphetamine’’ or

4 ‘‘DEFEAT Meth’’ Act of 1999.

5 SEC. 2. ENHANCED PUNISHMENT OF METHAMPHETAMINE

6 LABORATORY OPERATORS.

7 (a) FEDERAL SENTENCING GUIDELINES.—

8 (1) IN GENERAL.—Pursuant to its authority

9 under section 994(p) of title 28, United States Code,

10 the United States Sentencing Commission shall

11 amend the Federal sentencing guidelines in accord12 ance with paragraph (2) with respect to any offense

13 relating to the manufacture, attempt to manufac14 ture, or conspiracy to manufacture amphetamine or

15 methamphetamine in violation of—

16 (A) the Controlled Substances Act (21

17 U.S.C. 801 et seq.);

18 (B) the Controlled Substances Import and

19 Export Act (21 U.S.C. 951 et seq.); or

20 (C) the Maritime Drug Law Enforcement

21 Act (46 U.S.C. App. 1901 et seq.).

22 (2) REQUIREMENTS.—In carrying out this

23 paragraph, the United States Sentencing Commis24 sion shall, with respect to each offense described in

25 paragraph (1)—
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1 (A) increase the base offense level for the

2 offense—

3 (i) by not less than 3 offense levels

4 above the applicable level in effect on the

5 date of enactment of this Act; or

6 (ii) if the resulting base offense level

7 after an increase under clause (i) would be

8 less than level 27, to not less than level 27;

9 or

10 (B) if the offense created a substantial risk

11 of danger to the health and safety of another

12 person (including any Federal, State, or local

13 law enforcement officer lawfully present at the

14 location of the offense), increase the base of15 fense level for the offense—

16 (i) by not less than 6 offense levels

17 above the applicable level in effect on the

18 date of enactment of this Act; or

19 (ii) if the resulting base offense level

20 after an increase under clause (i) would be

21 less than level 30, to not less than level 30.

22 (3) EMERGENCY AUTHORITY TO SENTENCING

23 COMMISSION.—The United States Sentencing Com24 mission shall promulgate amendments pursuant to

25 this subsection as soon as practicable after the date
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1 of enactment of this Act in accordance with the pro2 cedure set forth in section 21(a) of the Sentencing

3 Act of 1987 (Public Law 100–182), as though the

4 authority under that Act had not expired.

5 (b) EFFECTIVE DATE.—The amendments made pur6 suant to this section shall apply with respect to any of7 fense occurring on or after the date that is 60 days after

8 the date of enactment of this Act.

9 SEC. 3. INCREASED RESOURCES FOR LAW ENFORCEMENT.

10 (a) AUTHORIZATION OF DEA FUNDS TO COMBAT

11 METHAMPHETAMINES.—

12 (1) PURPOSE.—From amounts made available

13 to carry out this subsection, the Administrator of

14 the Drug Enforcement Administration shall imple15 ment a comprehensive approach for targeting and

16 investigating methamphetamine production, traf17 ficking, and abuse to combat the trafficking of meth18 amphetamine in areas designated by the Director of

19 National Drug Control Policy as high intensity drug

20 trafficking areas, which approach shall include—

21 (A) training local law enforcement agents

22 in the detection and destruction of clandestine

23 methamphetamine laboratories, and the pros24 ecution of any offense relating to the manufac25 ture, attempt to manufacture, or conspiracy to
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1 manufacture methamphetamine in violation of

2 the Controlled Substances Act (21 U.S.C. 801

3 et seq.), the Controlled Substances Import and

4 Export Act (21 U.S.C. 951 et seq.), the Mari5 time Drug Law Enforcement Act (46 U.S.C.

6 App. 1901 et seq.), or applicable State law;

7 (B) investigating and assisting in the pros8 ecution of methamphetamine traffickers, estab9 lishing a national clandestine laboratory com10 puter database, reducing the availability of pre11 cursor chemicals being diverted to clandestine

12 laboratories in the United States and abroad,

13 and cleaning up the hazardous waste generated

14 by seized clandestine laboratories; and

15 (C) allocating agents to States with the

16 highest rates of clandestine laboratory closures

17 during the most recent 5 fiscal years.

18 (2) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated to carry out

20 this subsection—

21 (A) $30,000,000 for fiscal year 2000; and

22 (B) such sums as may be necessary for

23 each of fiscal years 2001 through 2004.

24 (b) HIGH INTENSITY DRUG TRAFFICKING AREAS.—
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1 (1) IN GENERAL.—From amounts made avail2 able to carry out this subsection, the Director of Na3 tional Drug Control Policy shall combat the traf4 ficking of methamphetamine in areas designated by

5 the Director of National Drug Control Policy as

6 high intensity drug trafficking areas, including the

7 hiring of new laboratory technicians in rural commu8 nities.

9 (2) AUTHORIZATION OF APPROPRIATIONS.—

10 There are authorized to be appropriated to carry out

11 this subsection—

12 (A) $25,000,000 for fiscal year 2000; and

13 (B) such sums as may be necessary for

14 each of fiscal years 2001 through 2004.

15 (c) EXPANDING METHAMPHETAMINE ABUSE PRE16 VENTION EFFORTS.—

17 (1) PREVENTION PROGRAMS AND ACTIVITIES.—

18 (A) IN GENERAL.—From amounts made

19 available to carry out this subsection, the Direc20 tor of National Drug Control Policy shall—

21 (i) carry out community-based preven22 tion programs that are focused on those

23 populations within the community that are

24 most at-risk for methamphetamine abuse

25 and addiction;
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1 (ii) assist local government entities to

2 conduct appropriate methamphetamine

3 prevention activities;

4 (iii) train and educate State and local

5 law enforcement officials on the signs of

6 methamphetamine abuse and addiction and

7 the options for treatment and prevention;

8 (iv) carry out planning, administra9 tion, and educational activities related to

10 the prevention of methamphetamine abuse

11 and addiction;

12 (v) monitor and evaluate methamphet13 amine prevention activities, and report and

14 disseminate resulting information to the

15 public; and

16 (vi) carry out targeted pilot programs

17 with evaluation components to encourage

18 innovation and experimentation with new

19 methodologies.

20 (B) PRIORITY.—In carrying out this para21 graph, the Director of National Drug Control

22 Policy shall give priority to assisting rural and

23 urban areas that are experiencing a high rate

24 or rapid increases in methamphetamine abuse

25 and addiction.
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1 (C) ANALYSES AND EVALUATION.—

2 (i) IN GENERAL.—Of the amount

3 made available to carry out this subsection

4 in each fiscal year, not less than $500,000

5 shall be used by the Director of National

6 Drug Control Policy, in consultation with

7 the heads of other departments and agen8 cies of the Federal Government—

9 (I) to support and conduct peri10 odic analyses and evaluations of effec11 tive prevention programs for meth12 amphetamine abuse and addiction;

13 and

14 (II) for the development of ap15 propriate strategies for disseminating

16 information about and implementing

17 those programs.

18 (ii) ANNUAL REPORTS.—The Director

19 shall annually submit to Congress a report

20 on results of the analyses and evaluations

21 under clause (i) during the preceding 12-

22 month period.

23 (2) AUTHORIZATION OF APPROPRIATIONS.—

24 There are authorized to be appropriated to carry out

25 this subsection—
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1 (A) $25,000,000 for fiscal year 2000; and

2 (B) such sums as may be necessary for

3 each of fiscal years 2001 through 2004.

4 SEC. 4. PRECURSOR CHEMICALS.

5 Section 102(35) of the Controlled Substances Act (21

6 U.S.C. 802(35)) is amended—

7 (1) by inserting ‘‘, or immediate precursor,’’

8 after ‘‘chemical)’’; and

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

10 ‘‘(K) Red phosphorous.

11 ‘‘(L) Sodium dichromate.’’.

12 SEC. 5. METHAMPHETAMINE PARAPHERNALIA.

13 Section 422(d) of the Controlled Substances Act

14 (21 U.S.C. 863(d)) is amended by inserting

15 ‘‘methamphetamines,’’ after ‘‘PCP,’’.

16 SECTION 1. SHORT TITLE.

17 This Act may be cited as the ‘‘Methamphetamine Anti18 Proliferation Act of 1999’’.

19 SEC. 2. ENHANCED PUNISHMENT OF AMPHETAMINE LAB20 ORATORY OPERATORS.

21 (a) AMENDMENT TO FEDERAL SENTENCING GUIDE22 LINES.—Pursuant to its authority under section 994(p) of

23 title 28, United States Code, the United States Sentencing

24 Commission shall amend the Federal sentencing guidelines

25 in accordance with this section with respect to any offense
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1 relating to the manufacture, importation, exportation, or

2 trafficking in amphetamine (including an attempt or con3 spiracy to do any of the foregoing) in violation of—

4 (1) the Controlled Substances Act (21 U.S.C. 801

5 et seq.);

6 (2) the Controlled Substances Import and Export

7 Act (21 U.S.C. 951 et seq.); or

8 (3) the Maritime Drug Law Enforcement Act (46

9 U.S.C. App. 1901 et seq.).

10 (b) GENERAL REQUIREMENT.—In carrying out this

11 section, the United States Sentencing Commission shall,

12 with respect to each offense described in subsection (a) relat13 ing to amphetamine—

14 (1) review and amend its guidelines to provide

15 for increased penalties such that those penalties are

16 comparable to the base offense level for methamphet17 amine; and

18 (2) take any other action the Commission con19 siders necessary to carry out this subsection.

20 (c) ADDITIONAL REQUIREMENTS.—In carrying out

21 this section, the United States Sentencing Commission shall

22 ensure that the sentencing guidelines for offenders convicted

23 of offenses described in subsection (a) reflect the heinous na24 ture of such offenses, the need for aggressive law enforcement

25 action to fight such offenses, and the extreme dangers associ-
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1 ated with unlawful activity involving amphetamines,

2 including—

3 (1) the rapidly growing incidence of amphet4 amine abuse and the threat to public safety that such

5 abuse poses;

6 (2) the high risk of amphetamine addiction;

7 (3) the increased risk of violence associated with

8 amphetamine trafficking and abuse; and

9 (4) the recent increase in the illegal importation

10 of amphetamine and precursor chemicals.

11 (d) EMERGENCY AUTHORITY TO SENTENCING COMMIS12 SION.—The United States Sentencing Commission shall

13 promulgate amendments pursuant to this section as soon

14 as practicable after the date of the enactment of this Act

15 in accordance with the procedure set forth in section 21(a)

16 of the Sentencing Act of 1987 (Public Law 100–182), as

17 though the authority under that Act had not expired.

18 SEC. 3. ADVERTISEMENTS FOR DRUG PARAPHERNALIA AND

19 SCHEDULE I CONTROLLED SUBSTANCES.

20 (a) DRUG PARAPHERNALIA.—Section 422 of the Con21 trolled Substances Act (21 U.S.C. 863) is amended—

22 (1) in subsection (a)(1), by inserting ‘‘, directly

23 or indirectly advertise for sale,’’ after ‘‘sell’’; and

24 (2) by adding at the end the following:
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1 ‘‘(g) In this section, the term ‘directly or indirectly ad2 vertise for sale’ includes the use of any communication fa3 cility (as that term is defined in section 403(b)) to initiate

4 the posting, publicizing, transmitting, publishing, linking

5 to, broadcasting, or other advertising of any matter (includ6 ing a telephone number or electronic or mail address) know7 ing that such matter has the purpose of seeking or offering,

8 or is designed to be used, to receive, buy, distribute, or other9 wise facilitate a transaction in.’’.

10 (b) SCHEDULE I CONTROLLED SUBSTANCES.—Section

11 403(c) of such Act (21 U.S.C. 843(c)) is amended—

12 (1) in the first sentence, by inserting before the

13 period the following: ‘‘, or to directly or indirectly ad14 vertise for sale (as that term is defined in section

15 422(g)) any Schedule I controlled substance’’; and

16 (2) in the second sentence, by striking ‘‘term ‘ad17 vertisement’ ’’ and inserting ‘‘term ‘written advertise18 ment’ ’’.

19 SEC. 4. MANDATORY RESTITUTION FOR VIOLATIONS OF

20 CONTROLLED SUBSTANCES ACT AND CON21 TROLLED SUBSTANCES IMPORT AND EXPORT

22 ACT RELATING TO AMPHETAMINE AND METH23 AMPHETAMINE.

24 (a) MANDATORY RESTITUTION.—Section 413(q) of the

25 Controlled Substances Act (21 U.S.C. 853(q)) is amended—
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1 (1) in the matter preceding paragraph (1), by

2 striking ‘‘may’’ and inserting ‘‘shall’’;

3 (2) by inserting ‘‘amphetamine or’’ before ‘‘meth4 amphetamine’’ each place it appears; and

5 (3) in paragraph (2)—

6 (A) by inserting ‘‘, the State or local gov7 ernment concerned, or both the United States

8 and the State or local government concerned’’

9 after ‘‘United States’’ the first place it appears;

10 and

11 (B) by inserting ‘‘or the State or local gov12 ernment concerned, as the case may be,’’ after

13 ‘‘United States’’ the second place it appears.

14 (b) DEPOSIT OF AMOUNTS IN DEPARTMENT OF JUS15 TICE ASSETS FORFEITURE FUND.—Section 524(c)(4) of

16 title 28, United States Code, is amended—

17 (1) by striking ‘‘and’’ at the end of subpara18 graph (B);

19 (2) by striking the period at the end of subpara20 graph (C) and inserting ‘‘; and’’; and

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

22 ‘‘(D) all amounts collected—

23 ‘‘(i) by the United States pursuant to a re24 imbursement order under paragraph (2) of sec-
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1 tion 413(q) of the Controlled Substances Act (21

2 U.S.C. 853(q)); and

3 ‘‘(ii) pursuant to a restitution order under

4 paragraph (1) or (3) of section 413(q) of the

5 Controlled Substances Act for injuries to the

6 United States.’’.

7 SEC. 5. CRIMINAL PROHIBITION ON DISTRIBUTION OF CER8 TAIN INFORMATION RELATING TO THE MANU9 FACTURE OF CONTROLLED SUBSTANCES.

10 (a) IN GENERAL.—Part I of title 18, United States

11 Code, is amended by inserting after chapter 21 the following

12 new chapter:

13 ‘‘CHAPTER 22—CONTROLLED SUBSTANCES

‘‘Sec.

‘‘421. Distribution of information relating to manufacture of controlled substances.

14 ‘‘§ 421. Distribution of information relating to manu15 facture of controlled substances

16 ‘‘(a) PROHIBITION ON DISTRIBUTION OF INFORMATION

17 RELATING TO MANUFACTURE OF CONTROLLED SUB18 STANCES.—

19 ‘‘(1) CONTROLLED SUBSTANCE DEFINED.—In

20 this subsection, the term ‘controlled substance’ has the

21 meaning given that term in section 102(6) of the Con22 trolled Substances Act (21 U.S.C. 802(6)).

23 ‘‘(2) PROHIBITION.—It shall be unlawful for any

24 person—
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1 ‘‘(A) to teach or demonstrate the manufac2 ture of a controlled substance, or to distribute by

3 any means information pertaining to, in whole

4 or in part, the manufacture or use of a con5 trolled substance, with the intent that the teach6 ing, demonstration, or information be used for,

7 or in furtherance of, an activity that constitutes

8 a Federal crime; or

9 ‘‘(B) to teach or demonstrate to any person

10 the manufacture of a controlled substance, or to

11 distribute to any person, by any means, infor12 mation pertaining to, in whole or in part, the

13 manufacture or use of a controlled substance,

14 knowing that such person intends to use the

15 teaching, demonstration, or information for, or

16 in furtherance of, an activity that constitutes a

17 Federal crime.

18 ‘‘(b) PENALTY.—Any person who violates subsection

19 (a) shall be fined under this title, imprisoned not more than

20 10 years, or both.’’.

21 (b) CLERICAL AMENDMENT.—The table of chapters at

22 the beginning of part I of title 18, United States Code, is

23 amended by inserting after the item relating to chapter 21

24 the following new item:

‘‘22. Controlled Substances ................................................................. 421’’.
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1 SEC. 6. NOTICE; CLARIFICATION.

2 (a) NOTICE OF ISSUANCE.—Section 3103a of title 18,

3 United States Code, is amended by adding at the end the

4 following new sentence: ‘‘With respect to any issuance under

5 this section or any other provision of law (including section

6 3117 and any rule), any notice required, or that may be

7 required, to be given may be delayed pursuant to the stand8 ards, terms, and conditions set forth in section 2705, unless

9 otherwise expressly provided by statute.’’.

10 (b) CLARIFICATION.—(1) Section 2(e) of Public Law

11 95–78 (91 Stat. 320) is amended by adding at the end the

12 following:

13 ‘‘Subdivision (d) of such rule, as in effect on this date, is

14 amended by inserting ‘tangible’ before ‘property’ each place

15 it occurs.’’.

16 (2) The amendment made by paragraph (1) shall take

17 effect on the date of the enactment of this Act.

18 SEC. 7. TRAINING FOR DRUG ENFORCEMENT ADMINISTRA19 TION AND STATE AND LOCAL LAW ENFORCE20 MENT PERSONNEL RELATING TO CLANDES21 TINE LABORATORIES.

22 (a) IN GENERAL.—

23 (1) REQUIREMENT.—The Administrator of the

24 Drug Enforcement Administration shall carry out the

25 programs described in subsection (b) with respect to

26 the law enforcement personnel of States and localities
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1 determined by the Administrator to have significant

2 levels of methamphetamine-related or amphetamine3 related crime or projected by the Administrator to

4 have the potential for such levels of crime in the fu5 ture.

6 (2) DURATION.—The duration of any program

7 under that subsection may not exceed 3 years.

8 (b) COVERED PROGRAMS.—The programs described in

9 this subsection are as follows:

10 (1) ADVANCED MOBILE CLANDESTINE LABORA11 TORY TRAINING TEAMS.—A program of advanced mo12 bile clandestine laboratory training teams, which

13 shall provide information and training to State and

14 local law enforcement personnel in techniques utilized

15 in conducting undercover investigations and con16 spiracy cases, and other information designed to as17 sist in the investigation of the illegal manufacturing

18 and trafficking of amphetamine and methamphet19 amine.

20 (2) BASIC CLANDESTINE LABORATORY CERTIFI21 CATION TRAINING.—A program of basic clandestine

22 laboratory certification training, which shall provide

23 information and training—

24 (A) to Drug Enforcement Administration

25 personnel and State and local law enforcement
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1 personnel for purposes of enabling such personnel

2 to meet any certification requirements under law

3 with respect to the handling of wastes created by

4 illegal amphetamine and methamphetamine lab5 oratories; and

6 (B) to State and local law enforcement per7 sonnel for purposes of enabling such personnel to

8 provide the information and training covered by

9 subparagraph (A) to other State and local law

10 enforcement personnel.

11 (3) CLANDESTINE LABORATORY RECERTIFI12 CATION AND AWARENESS TRAINING.—A program of

13 clandestine laboratory recertification and awareness

14 training, which shall provide information and train15 ing to State and local law enforcement personnel for

16 purposes of enabling such personnel to provide recer17 tification and awareness training relating to clandes18 tine laboratories to additional State and local law en19 forcement personnel.

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

21 authorized to be appropriated for each of fiscal years 2000,

22 2001, and 2002 amounts as follows:

23 (1) $1,500,000 to carry out the program de24 scribed in subsection (b)(1).
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1 (2) $3,000,000 to carry out the program de2 scribed in subsection (b)(2).

3 (3) $1,000,000 to carry out the program de4 scribed in subsection (b)(3).

5 SEC. 8. COMBATTING METHAMPHETAMINE AND AMPHET6 AMINE IN HIGH INTENSITY DRUG TRAF7 FICKING AREAS.

8 (a) IN GENERAL.—

9 (1) IN GENERAL.—The Director of National

10 Drug Control Policy shall use amounts available

11 under this section to combat the trafficking of meth12 amphetamine and amphetamine in areas designated

13 by the Director as high intensity drug trafficking

14 areas.

15 (2) ACTIVITIES.—In meeting the requirement in

16 paragraph (1), the Director shall provide funds for—

17 (A) employing additional Federal law en18 forcement personnel, or facilitating the employ19 ment of additional State and local law enforce20 ment personnel, including agents, investigators,

21 prosecutors, laboratory technicians, chemists, in22 vestigative assistants, and drug-prevention spe23 cialists; and

24 (B) such other activities as the Director

25 considers appropriate.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section—

3 (1) $15,000,000 for fiscal year 2000; and

4 (2) such sums as may be necessary for each of

5 fiscal years 2001 through 2004.

6 (c) APPORTIONMENT OF FUNDS.—

7 (1) FACTORS IN APPORTIONMENT.—The Director

8 shall apportion amounts appropriated for a fiscal

9 year pursuant to the authorization of appropriations

10 in subsection (b) for activities under subsection (a)

11 among and within areas designated by the Director

12 as high intensity drug trafficking areas based on the

13 following factors:

14 (A) The number of methamphetamine man15 ufacturing facilities and amphetamine manufac16 turing facilities discovered by Federal, State, or

17 local law enforcement officials in the previous

18 fiscal year.

19 (B) The number of methamphetamine pros20 ecutions and amphetamine prosecutions in Fed21 eral, State, or local courts in the previous fiscal

22 year.

23 (C) The number of methamphetamine ar24 rests and amphetamine arrests by Federal, State,
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1 or local law enforcement officials in the previous

2 fiscal year.

3 (D) The amounts of methamphetamine, am4 phetamine, or listed chemicals (as that term is

5 defined in section 102(33) of the Controlled Sub6 stances Act (21 U.S.C. 802(33)) seized by Fed7 eral, State, or local law enforcement officials in

8 the previous fiscal year.

9 (E) Intelligence and predictive data from

10 the Drug Enforcement Administration and the

11 Department of Health and Human Services

12 showing patterns and trends in abuse, traf13 ficking, and transportation in methamphet14 amine, amphetamine, and listed chemicals (as

15 that term is so defined).

16 (2) CERTIFICATION.—Before the Director appor17 tions any funds under this subsection to a high inten18 sity drug trafficking area, the Director shall certify

19 that the law enforcement entities responsible for clan20 destine methamphetamine and amphetamine labora21 tory seizures in that area are providing laboratory

22 seizure data to the national clandestine laboratory

23 database at the El Paso Intelligence Center.

24 (d) LIMITATION ON ADMINISTRATIVE COSTS.—Not

25 more than 5 percent of the amount appropriated in a fiscal
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1 year pursuant to the authorization of appropriations for

2 that fiscal year in subsection (b) may be available in that

3 fiscal year for administrative costs associated with activi4 ties under subsection (a).

5 SEC. 9. COMBATING AMPHETAMINE AND METHAMPHET6 AMINE MANUFACTURING AND TRAFFICKING.

7 (a) ACTIVITIES.—In order to combat the illegal manu8 facturing and trafficking in amphetamine and meth9 amphetamine, the Administrator of the Drug Enforcement

10 Administration may—

11 (1) assist State and local law enforcement in

12 small and mid-sized communities in all phases of in13 vestigations related to such manufacturing and traf14 ficking, including assistance with foreign-language

15 interpretation;

16 (2) staff additional regional enforcement and

17 mobile enforcement teams related to such manufac18 turing and trafficking;

19 (3) establish additional resident offices and posts

20 of duty to assist State and local law enforcement in

21 rural areas in combating such manufacturing and

22 trafficking;

23 (4) provide the Special Operations Division of

24 the Administration with additional agents and staff

25 to collect, evaluate, interpret, and disseminate critical
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1 intelligence targeting the command and control oper2 ations of major amphetamine and methamphetamine

3 manufacturing and trafficking organizations; and

4 (5) carry out such other activities as the Admin5 istrator considers appropriate.

6 (b) ADDITIONAL POSITIONS AND PERSONNEL.—In car7 rying out activities under subsection (a), the Administrator

8 may establish in the Administration not more than 50 full9 time positions, including not more than 31 special-agent

10 positions, and may appoint personnel to such positions.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

12 authorized to be appropriated for the Drug Enforcement

13 Administration for each fiscal year after fiscal year 1999,

14 $6,500,000 for purposes of carrying out the activities au15 thorized by subsection (a) and employing personnel in posi16 tions established under subsection (b).

17 SEC. 10. ENVIRONMENTAL HAZARDS ASSOCIATED WITH IL18 LEGAL MANUFACTURE OF AMPHETAMINE

19 AND METHAMPHETAMINE.

20 (a) USE OF AMOUNTS OR DEPARTMENT OF JUSTICE

21 ASSETS FORFEITURE FUND.—Section 524(c)(1)(E) of title

22 28, United States Code, is amended—

23 (1) by inserting ‘‘(i) for’’ before ‘‘disbursements’’;

24 (2) by inserting ‘‘and’’ after the semicolon; and

25 (3) by adding at the end the following:
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1 ‘‘(ii) for payment for—

2 ‘‘(I) costs incurred by or on behalf of the

3 Department of Justice in connection with the re4 moval, for purposes of Federal forfeiture and dis5 position, of any hazardous substance or pollutant

6 or contaminant associated with the illegal manu7 facture of amphetamine or methamphetamine;

8 and

9 ‘‘(II) costs incurred by or on behalf of a

10 State or local government in connection with

11 such removal in any case in which such State or

12 local government has assisted in a Federal pros13 ecution relating to amphetamine or methamphet14 amine, to the extent such costs exceed equitable

15 sharing payments made to such State or local

16 government in such case;’’.

17 (b) GRANTS UNDER DRUG CONTROL AND SYSTEM IM18 PROVEMENT GRANT PROGRAM.—Section 501(b)(3) of the

19 Omnibus Crime Control and Safe Streets Act of 1968 is

20 amended by inserting before the semicolon the following:

21 ‘‘and to remove any hazardous substance or pollutant or

22 contaminant associated with the illegal manufacture of am23 phetamine or methamphetamine’’.

24 (c) AMOUNTS SUPPLEMENT AND NOT SUPPLANT.—
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1 (1) ASSETS FORFEITURE FUND.—Any amounts

2 made available from the Department of Justice Assets

3 Forfeiture Fund in a fiscal year by reason of the

4 amendment made by subsection (a) shall supplement,

5 and not supplant, any other amounts made available

6 to the Department of Justice in such fiscal year from

7 other sources for payment of costs described in section

8 524(c)(1)(E)(ii) of title 28, United States Code, as so

9 amended.

10 (2) GRANT PROGRAM.—Any amounts made

11 available in a fiscal year under the grant program

12 under section 501(b)(3) of the Omnibus Crime Con13 trol and Safe Streets Act of 1968 for the removal of

14 hazardous substances or pollutants or contaminants

15 associated with the illegal manufacture of amphet16 amine or methamphetamine by reason of the amend17 ment made by subsection (b) shall supplement, and

18 not supplant, any other amounts made available in

19 such fiscal year from other sources for such removal.

20 SEC. 11. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT

21 INTERNET WEBSITES.

22 Not later than 90 days after the date of the enactment

23 of this Act, the head of each department, agency, and estab24 lishment of the Federal Government shall, in consultation

25 with the Director of the Office of National Drug Control
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1 Policy, place antidrug messages on appropriate Internet

2 websites controlled by such department, agency, or establish3 ment which messages shall, where appropriate, contain an

4 electronic hyperlink to the Internet website, if any, of the

5 Office.

6 SEC. 12. MAIL ORDER REQUIREMENTS.

7 Section 310(b)(3) of the Controlled Substances Act (21

8 U.S.C. 830(b)(3)) is amended—

9 (1) by redesignating subparagraphs (A) and (B)

10 as subparagraphs (B) and (C), respectively;

11 (2) by inserting before subparagraph (B), as so

12 redesignated, the following new subparagraph (A):

13 ‘‘(A) As used in this paragraph:

14 ‘‘(i) The term ‘drug product’ means an

15 active ingredient in dosage form that has

16 been approved or otherwise may be lawfully

17 marketed under the Food, Drug, and Cos18 metic Act for distribution in the United

19 States.

20 ‘‘(ii) The term ‘valid prescription’

21 means a prescription which is issued for a

22 legitimate medical purpose by an indi23 vidual practitioner licensed by law to ad24 minister and prescribe the drugs concerned
27

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1 and acting in the usual course of the practi2 tioner’s professional practice.’’;

3 (3) in subparagraph (B), as so redesignated, by

4 inserting ‘‘or who engages in an export transaction’’

5 after ‘‘nonregulated person’’; and

6 (4) adding at the end the following:

7 ‘‘(D) Except as provided in subparagraph

8 (E), the following distributions to a nonregulated

9 person, and the following export transactions,

10 shall not be subject to the reporting requirement

11 in subparagraph (B):

12 ‘‘(i) Distributions of sample packages

13 of drug products when such packages con14 tain not more than 2 solid dosage units or

15 the equivalent of 2 dosage units in liquid

16 form, not to exceed 10 milliliters of liquid

17 per package, and not more than one pack18 age is distributed to an individual or resi19 dential address in any 30-day period.

20 ‘‘(ii) Distributions of drug products by

21 retail distributors that may not include

22 face-to-face transactions to the extent that

23 such distributions are consistent with the

24 activities authorized for a retail distributor

25 as specified in section 102(46).
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1 ‘‘(iii) Distributions of drug products to

2 a resident of a long term care facility (as

3 that term is defined in regulations pre4 scribed by the Attorney General) or dis5 tributions of drug products to a long term

6 care facility for dispensing to or for use by

7 a resident of that facility.

8 ‘‘(iv) Distributions of drug products

9 pursuant to a valid prescription.

10 ‘‘(v) Exports which have been reported

11 to the Attorney General pursuant to section

12 1004 or 1018 or which are subject to a

13 waiver granted under section 1018(e)(2).

14 ‘‘(vi) Any quantity, method, or type of

15 distribution or any quantity, method, or

16 type of distribution of a specific listed

17 chemical (including specific formulations or

18 drug products) or of a group of listed

19 chemicals (including specific formulations

20 or drug products) which the Attorney Gen21 eral has excluded by regulation from such

22 reporting requirement on the basis that such

23 reporting is not necessary for the enforce24 ment of this title or title III.
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1 ‘‘(E) The Attorney General may revoke any

2 or all of the exemptions listed in subparagraph

3 (D) for an individual regulated person if he

4 finds that drug products distributed by the regu5 lated person are being used in violation of this

6 title or title III. The regulated person shall be

7 notified of the revocation, which will be effective

8 upon receipt by the person of such notice, as pro9 vided in section 1018(c)(1), and shall have the

10 right to an expedited hearing as provided in sec11 tion 1018(c)(2).’’.

12 SEC. 13. THEFT AND TRANSPORTATION OF ANHYDROUS AM13 MONIA FOR PURPOSES OF ILLICIT PRODUC14 TION OF CONTROLLED SUBSTANCES.

15 (a) IN GENERAL.—Part D of the Controlled Substances

16 Act (21 U.S.C. 841 et seq.) is amended by adding at the

17 end the following:

18 ‘‘ANHYDROUS AMMONIA

19 ‘‘SEC. 423 (a) It is unlawful for any person—

20 ‘‘(1) to steal anhydrous ammonia, or

21 ‘‘(2) to transport stolen anhydrous ammonia

22 across State lines,

23 knowing, intending, or having reasonable cause to believe

24 that such anhydrous ammonia will be used to manufacture

25 a controlled substance in violation of this part.
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1 ‘‘(b) Any person who violates subsection (a) shall be

2 imprisoned or fined, or both, in accordance with section

3 403(d) as if such violation were a violation of a provision

4 of section 403.’’.

5 (b) CLERICAL AMENDMENT.—The table of contents for

6 that Act is amended by inserting after the item relating

7 to section 421 the following new items:

‘‘Sec. 422. Drug paraphernalia.

‘‘Sec. 423. Anhydrous ammonia.’’.

8 (c) ASSISTANCE FOR CERTAIN RESEARCH.—

9 (1) AGREEMENT.—The Administrator of the

10 Drug Enforcement Administration shall seek to enter

11 into an agreement with Iowa State University in

12 order to permit the University to continue and ex13 pand its current research into the development of

14 inert agents that, when added to anhydrous ammo15 nia, eliminate the usefulness of anhydrous ammonia

16 as an ingredient in the production of methamphet17 amine.

18 (2) REIMBURSABLE PROVISION OF FUNDS.—The

19 agreement under paragraph (1) may provide for the

20 provision to Iowa State University, on a reimbursable

21 basis, of $500,000 for purposes the activities specified

22 in that paragraph.

23 (3) AUTHORIZATION OF APPROPRIATIONS.—

24 There is hereby authorized to be appropriated for the
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1 Drug Enforcement Administration for fiscal year

2 2000, $500,000 for purposes of carrying out the agree3 ment under this subsection.

4 SEC. 14. REPORT ON METHAMPHETAMINE CONSUMPTION

5 IN RURAL AREAS, SUBURBAN AREAS, SMALL

6 CITIES, MIDSIZE CITIES, AND LARGE CITIES.

7 (a) IN GENERAL.—The Secretary of Health and

8 Human Services shall submit to the designated committees

9 of Congress on an annual basis a report on the problems

10 caused by methamphetamine consumption in rural areas,

11 suburban areas, small cities, midsize cities, and large cities.

12 (b) CONCERNS ADDRESSED.—Each report submitted

13 under this section shall include an analysis of—

14 (1) the manner in which methamphetamine con15 sumption in rural areas differs from methamphet16 amine consumption in areas with larger populations,

17 and the means by which to accurately measure those

18 differences;

19 (2) the incidence of methamphetamine abuse in

20 rural areas and the treatment resources available to

21 deal with methamphetamine addiction in those areas;

22 (3) any relationship between methamphetamine

23 consumption in rural areas and a lack of substance

24 abuse treatment in those areas; and
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1 (4) any relationship between geographic dif2 ferences in the availability of substance abuse treat3 ment and the geographic distribution of the meth4 amphetamine abuse problem in the United States.

5 (c) DEFINITIONS.—In this section:

6 (1) The term ‘‘designated committees of Con7 gress’’ means the following:

8 (A) The Committees on the Judiciary and

9 Appropriations of the Senate.

10 (B) The Committees on the Judiciary and

11 Appropriations of the House of Representatives.

12 (2) The term ‘‘large city’’ means any city that

13 is not a small city or a midsize city.

14 (3) The term ‘‘midsize city’’ means a city with

15 a population under 250,000 and over 20,000.

16 (4) The term ‘‘rural area’’ means a county or

17 parish with a population under 50,000.

18 (5) The term ‘‘small city’’ means a city with a

19 population under 20,000.

20 SEC. 15. EXPANSION OF METHAMPHETAMINE ABUSE PRE21 VENTION EFFORTS.

22 (a) EXPANSION OF EFFORTS.—Section 515 of the Pub23 lic Health Service Act (42 U.S.C. 290bb–21) is amended

24 by adding at the end the following:
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1 ‘‘(e)(1) The Administrator may make grants to and

2 enter into contracts and cooperative agreements with public

3 and nonprofit private entities to enable such entities—

4 ‘‘(A) to carry out school-based programs con5 cerning the dangers of abuse of and addiction to

6 methamphetamine and other illicit drugs, using meth7 ods that are effective and science-based, including ini8 tiatives that give students the responsibility to create

9 their own anti-drug abuse education programs for

10 their schools; and

11 ‘‘(B) to carry out community-based abuse and

12 addiction prevention programs relating to meth13 amphetamine and other illicit drugs that are effective

14 and science-based.

15 ‘‘(2) Amounts made available under a grant, contract

16 or cooperative agreement under paragraph (1) shall be used

17 for planning, establishing, or administering prevention pro18 grams relating to methamphetamine and other illicit drugs

19 in accordance with paragraph (3).

20 ‘‘(3)(A) Amounts provided under this subsection may

21 be used—

22 ‘‘(i) to carry out school-based programs that are

23 focused on those districts with high or increasing

24 rates of methamphetamine abuse and addiction and

25 targeted at populations which are most at risk to
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1 start abuse of methamphetamine and other illicit

2 drugs;

3 ‘‘(ii) to carry out community-based prevention

4 programs that are focused on those populations with5 in the community that are most at-risk for abuse of

6 and addiction to methamphetamine and other illicit

7 drugs;

8 ‘‘(iii) to assist local government entities to con9 duct appropriate prevention activities relating to

10 methamphetamine and other illicit drugs;

11 ‘‘(iv) to train and educate State and local law

12 enforcement officials, prevention and education offi13 cials, members of community anti-drug coalitions and

14 parents on the signs of abuse of and addiction to

15 methamphetamine and other illicit drugs, and the op16 tions for treatment and prevention;

17 ‘‘(v) for planning, administration, and edu18 cational activities related to the prevention of abuse

19 of and addiction to methamphetamine and other il20 licit drugs;

21 ‘‘(vi) for the monitoring and evaluation of pre22 vention activities relating to methamphetamine and

23 other illicit drugs, and reporting and disseminating

24 resulting information to the public; and
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1 ‘‘(vii) for targeted pilot programs with evalua2 tion components to encourage innovation and experi3 mentation with new methodologies.

4 ‘‘(B) The Administrator shall give priority in making

5 grants under this subsection to rural and urban areas that

6 are experiencing a high rate or rapid increases in meth7 amphetamine abuse and addiction.

8 ‘‘(4)(A) Not less than $500,000 of the amount available

9 in each fiscal year to carry out this subsection shall be made

10 available to the Administrator, acting in consultation with

11 other Federal agencies, to support and conduct periodic

12 analyses and evaluations of effective prevention programs

13 for abuse of and addiction to methamphetamine and other

14 illicit drugs and the development of appropriate strategies

15 for disseminating information about and implementing

16 these programs.

17 ‘‘(B) The Administrator shall submit to the committees

18 of Congress referred to in subparagraph (C) an annual re19 port with the results of the analyses and evaluation under

20 subparagraph (A).

21 ‘‘(C) The committees of Congress referred to in this

22 subparagraph are the following:

23 ‘‘(i) The Committees on Health, Education,

24 Labor, and Pensions, the Judiciary, and Appropria25 tions of the Senate.
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1 ‘‘(ii) The Committees on Commerce, the Judici2 ary, and Appropriations of the House of Representa3 tives.’’.

4 (b) AUTHORIZATION OF APPROPRIATIONS FOR EXPAN5 SION OF ABUSE PREVENTION EFFORTS AND PRACTITIONER

6 REGISTRATION REQUIREMENTS.—There is authorized to be

7 appropriated to carry out section 515(e) of the Public

8 Health Service Act (as added by subsection (a)) and section

9 303(g)(2) of the Controlled Substances Act (as added by sec10 tion 18(a) of this Act), $15,000,000 for fiscal year 2000,

11 and such sums as may be necessary for each succeeding fis12 cal year.

13 SEC. 16. EXPANSION OF METHAMPHETAMINE RESEARCH.

14 Section 464N of the Public Health Service Act (42

15 U.S.C. 285o–2) is amended by adding at the end the fol16 lowing:

17 ‘‘(c) METHAMPHETAMINE RESEARCH.—

18 ‘‘(1) GRANTS OR COOPERATIVE AGREEMENTS.—

19 The Director of the Institute may make grants or

20 enter into cooperative agreements to expand the cur21 rent and on-going interdisciplinary research and

22 clinical trials with treatment centers of the National

23 Drug Abuse Treatment Clinical Trials Network relat24 ing to methamphetamine abuse and addiction and
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1 other biomedical, behavioral, and social issues related

2 to methamphetamine abuse and addiction.

3 ‘‘(2) USE OF FUNDS.—Amounts made available

4 under a grant or cooperative agreement under para5 graph (1) for methamphetamine abuse and addiction

6 may be used for research and clinical trials relating

7 to—

8 ‘‘(A) the effects of methamphetamine abuse

9 on the human body, including the brain;

10 ‘‘(B) the addictive nature of methamphet11 amine and how such effects differ with respect to

12 different individuals;

13 ‘‘(C) the connection between methamphet14 amine abuse and mental health;

15 ‘‘(D) the identification and evaluation of

16 the most effective methods of prevention of meth17 amphetamine abuse and addiction;

18 ‘‘(E) the identification and development of

19 the most effective methods of treatment of meth20 amphetamine addiction, including pharma21 cological treatments;

22 ‘‘(F) risk factors for methamphetamine

23 abuse;

24 ‘‘(G) effects of methamphetamine abuse and

25 addiction on pregnant women and their fetuses;
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1 ‘‘(H) cultural, social, behavioral, neuro2 logical and psychological reasons that individ3 uals abuse methamphetamine, or refrain from

4 abusing methamphetamine.

5 ‘‘(3) RESEARCH RESULTS.—The Director shall

6 promptly disseminate research results under this sub7 section to Federal, State and local entities involved in

8 combating methamphetamine abuse and addiction.

9 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

10 ‘‘(A) AUTHORIZATION OF APPROPRIA11 TIONS.—There is authorized to be appropriated

12 to carry out paragraph (1), such sums as may

13 be necessary for each fiscal year.

14 ‘‘(B) SUPPLEMENT NOT SUPPLANT.—

15 Amounts appropriated pursuant to the author16 ization of appropriations in subparagraph (A)

17 for a fiscal year shall supplement and not sup18 plant any other amounts appropriated in such

19 fiscal year for research on methamphetamine

20 abuse and addiction.’’.

21 SEC. 17. STUDY OF METHAMPHETAMINE TREATMENT.

22 (a) STUDY.—

23 (1) REQUIREMENT.—The Secretary of Health

24 and Human Services shall, in consultation with the

25 Institute of Medicine of the National Academy of
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1 Sciences, conduct a study on the development of medi2 cations for the treatment of addiction to amphetamine

3 and methamphetamine.

4 (2) REPORT.—Not later than nine months after

5 the date of the enactment of this Act, the Secretary

6 shall submit to the Committees on the Judiciary of

7 the Senate and House of Representatives a report on

8 the results of the study conducted under paragraph

9 (1).

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

11 hereby authorized to be appropriated for the Department

12 of Health and Human Services for fiscal year 2000 such

13 sums as may be necessary to meet the requirements of sub14 section (a).

15 SEC. 18. REGISTRATION REQUIREMENTS FOR PRACTI16 TIONERS WHO DISPENSE CERTAIN NARCOTIC

17 DRUGS FOR MAINTENANCE TREATMENT OR

18 DETOXIFICATION TREATMENT.

19 (a) IN GENERAL.—Section 303(g) of the Controlled

20 Substances Act (21 U.S.C. 823(g)) is amended—

21 (1) in paragraph (2), by striking ‘‘(A) security’’

22 and inserting ‘‘(i) security’’, and by striking ‘‘(B) the

23 maintenance’’ and inserting ‘‘(ii) the maintenance’’;

24 (2) by redesignating paragraphs (1) through (3)

25 as subparagraphs (A) through (C), respectively;
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1 (3) by inserting ‘‘(1)’’ after ‘‘(g)’’;

2 (4) by striking ‘‘Practitioners who dispense’’ and

3 inserting ‘‘Except as provided in paragraph (2),

4 practitioners who dispense’’; and

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

6 ‘‘(2)(A) Subject to subparagraphs (D) and (G),

7 the requirements of paragraph (1) are waived in the

8 case of the prescribing or dispensing, by a practi9 tioner, of narcotic drugs in schedule IV or V or com10 binations of such drugs if the practitioner meets the

11 conditions specified in subparagraph (B) and the

12 narcotic drugs or combinations of such drugs meet the

13 conditions specified in subparagraph (C).

14 ‘‘(B) For purposes of subparagraph (A), the con15 ditions specified in this subparagraph with respect to

16 a practitioner are that, before prescribing of dis17 pensing narcotic drugs in schedule IV or V, or com18 binations of such drugs, to patients for maintenance

19 or detoxification treatment, the practitioner submit to

20 the Secretary a notification of the intent of the prac21 titioner to begin dispensing the drugs or combinations

22 for such purpose, and that the notification contain the

23 following certifications by the practitioner:

24 ‘‘(i) The practitioner is a physician licensed

25 under State law, and the practitioner has de-
41

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1 monstrable training or experience and the ability

2 to treat and manage opiate-dependent patients.

3 ‘‘(ii) With respect to patients to whom the

4 practitioner will provide such drugs or combina5 tions of drugs, the practitioner has the dem6 onstrated capacity to refer the patients for ap7 propriate counseling and other appropriate an8 cillary services.

9 ‘‘(iii) In any case in which the practitioner

10 is not in a group practice, the total number of

11 such patients of the practitioner at any one time

12 will not exceed the applicable number. For pur13 poses of this clause, the applicable number is 20,

14 except that the Secretary may by regulation

15 change such total number.

16 ‘‘(iv) In any case in which the practitioner

17 is in a group practice, the total number of such

18 patients of the group practice at any one time

19 will not exceed the applicable number. For pur20 poses of this clause, the applicable number is 20,

21 except that the Secretary may by regulation

22 change such total number, and the Secretary for

23 such purposes may by regulation establish dif24 ferent categories on the basis of the number of

25 practitioners in a group practice and establish
42

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1 for the various categories different numerical

2 limitations on the number of such patients that

3 the group practice may have.

4 ‘‘(C) For purposes of subparagraph (A), the con5 ditions specified in this subparagraph with respect to

6 narcotic drugs in schedule IV or V or combinations

7 of such drugs are as follows:

8 ‘‘(i) The drugs or combinations of drugs

9 have, under the Federal Food, Drug and Cos10 metic Act or section 351 of the Public Health

11 Service Act, been approved for use in mainte12 nance or detoxification treatment.

13 ‘‘(ii) The drugs or combinations of drugs

14 have not been the subject of an adverse deter15 mination. For purposes of this clause, an adverse

16 determination is a determination published in

17 the Federal Register and made by the Secretary,

18 after consultation with the Attorney General,

19 that the use of the drugs or combinations of

20 drugs for maintenance or detoxification treat21 ment requires additional standards respecting

22 the qualifications of practitioners to provide such

23 treatment, or requires standards respecting the

24 quantities of the drugs that may be provided for

25 unsupervised use.
43

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1 ‘‘(D)(i) A waiver under subparagraph (A) with

2 respect to a practitioner is not in effect unless (in ad3 dition to conditions under subparagraphs (B) and

4 (C)) the following conditions are met:

5 ‘‘(I) The notification under subparagraph

6 (B) is in writing and states the name of the

7 practitioner.

8 ‘‘(II) The notification identifies the reg9 istration issued for the practitioner pursuant to

10 subsection (f).

11 ‘‘(III) If the practitioner is a member of a

12 group practice, the notification states the names

13 of the other practitioners in the practice and

14 identifies the registrations issued for the other

15 practitioners pursuant to subsection (f).

16 ‘‘(IV) A period of 45 days has elapsed after

17 the date on which the notification was submitted,

18 and during such period the practitioner does not

19 receive from the Secretary a written notice that

20 one or more of the conditions specified in sub21 paragraph (B), subparagraph (C), or this sub22 paragraph, have not been met.

23 ‘‘(ii) The Secretary shall provide to the Attorney

24 General such information contained in notifications
44

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1 under subparagraph (B) as the Attorney General may

2 request.

3 ‘‘(E) If in violation of subparagraph (A) a prac4 titioner dispenses narcotic drugs in schedule IV or V

5 or combinations of such drugs for maintenance treat6 ment or detoxification treatment, the Attorney Gen7 eral may, for purposes of section 304(a)(4), consider

8 the practitioner to have committed an act that ren9 ders the registration of the practitioner pursuant to

10 subsection (f) to be inconsistent with the public inter11 est.

12 ‘‘(F) In this paragraph, the term ‘group prac13 tice’ has the meaning given such term in section

14 1877(h)(4) of the Social Security Act.

15 ‘‘(G)(i) This paragraph takes effect on the date

16 of enactment of the Methamphetamine Anti-Prolifera17 tion Act of 1999, and remains in effect thereafter ex18 cept as provided in clause (iii) (relating to a decision

19 by the Secretary or the Attorney General that this

20 paragraph should not remain in effect).

21 ‘‘(ii) For the purposes relating to clause (iii), the

22 Secretary and the Attorney General shall, during the

23 3-year period beginning on the date of enactment of

24 the Methamphetamine Anti-Proliferation Act of 1999,
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1 make determinations in accordance with the fol2 lowing:

3 ‘‘(I)(aa) The Secretary shall—

4 ‘‘(aaa) make a determination of wheth5 er treatments provided under waivers under

6 subparagraph (A) have been effective forms

7 of maintenance treatment and detoxifica8 tion treatment in clinical settings;

9 ‘‘(bbb) make a determination regarding

10 whether such waivers have significantly in11 creased (relative to the beginning of such pe12 riod) the availability of maintenance treat13 ment and detoxification treatment; and

14 ‘‘(ccc) make a determination regarding

15 whether such waivers have adverse con16 sequences for the public health.

17 ‘‘(bb) In making determinations under this

18 subclause, the Secretary—

19 ‘‘(aa) may collect data from the practi20 tioners for whom waivers under subpara21 graph (A) are in effect;

22 ‘‘(bb) shall issue appropriate guidelines

23 or regulations (in accordance with proce24 dures for substantive rules under section

25 553 of title 5, United States Code) speci-
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1 fying the scope of the data that will be re2 quired to be provided under this subclause

3 and the means through which the data will

4 be collected;

5 ‘‘(cc) shall, with respect to collecting

6 such data, comply with applicable provi7 sions of chapter 6 of title 5, United States

8 Code (relating to a regulatory flexibility

9 analysis), and of chapter 8 of such title (re10 lating to congressional review of agency

11 rulemaking); and

12 ‘‘(dd) shall make a determination re13 garding whether such waivers have adverse

14 consequences for the public health.

15 ‘‘(II) The Attorney General shall—

16 ‘‘(aa) make a determination of the ex17 tent to which there have been violations of

18 the numerical limitations established under

19 subparagraph (B) for the number of indi20 viduals to whom a practitioner may pro21 vide treatment; and

22 ‘‘(bb) make a determination regarding

23 whether waivers under subparagraph (A)

24 have increased (relative to the beginning of

25 such period) the extent to which narcotic
47

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1 drugs in schedule IV or V or combinations

2 of such drugs are being dispensed or pos3 sessed in violation of this Act.

4 ‘‘(iii) If, before the expiration of the period speci5 fied in clause (ii), the Secretary or the Attorney Gen6 eral publishes in the Federal Register a decision,

7 made on the basis of determinations under such

8 clause, that this paragraph should not remain in ef9 fect, this paragraph ceases to be in effect 60 days after

10 the date on which the decision is so published. The

11 Secretary shall, in making any such decision, consult

12 with the Attorney General, and shall, in publishing

13 the decision in the Federal Register, include any com14 ments received from the Attorney General for inclu15 sion in the publication. The Attorney General shall,

16 in making any such decision, consult with the Sec17 retary, and shall, in publishing the decision in the

18 Federal Register, include any comments received from

19 the Secretary for inclusion in the publication.

20 ‘‘(H) During the 3-year period beginning on the

21 date of enactment of the Methamphetamine Anti-Pro22 liferation Act 1999, a State may not preclude a prac23 titioner from dispensing narcotic drugs in schedule IV

24 or V, or combinations of such drugs, to patients for

25 maintenance or detoxification treatment in accord-
48

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1 ance with this paragraph, or the other amendments

2 made by section 22 of that Act, unless, before the expi3 ration of that 3-year period, the State enacts a law

4 prohibiting a practitioner from dispensing such drugs

5 or combination of drugs.’’.

6 (b) CONFORMING AMENDMENTS.—Section 304 of the

7 Controlled Substances Act (21 U.S.C. 824) is amended—

8 (1) in subsection (a), in the matter following

9 paragraph (5), by striking ‘‘section 303(g)’’ each

10 place the term appears and inserting ‘‘section

11 303(g)(1)’’; and

12 (2) in subsection (d), by striking ‘‘section

13 303(g)’’ and inserting ‘‘section 303(g)(1)’’.

14 SEC. 19. ENHANCED PUNISHMENT OF METHAMPHETAMINE

15 LABORATORY OPERATORS.

16 (a) FEDERAL SENTENCING GUIDELINES.—

17 (1) IN GENERAL.—Pursuant to its authority

18 under section 994(p) of title 28, United States Code,

19 the United States Sentencing Commission shall

20 amend the Federal sentencing guidelines in accord21 ance with paragraph (2) with respect to any offense

22 relating to the manufacture, attempt to manufacture,

23 or conspiracy to manufacture amphetamine or meth24 amphetamine in violation of—
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1 (A) the Controlled Substances Act (21

2 U.S.C. 801 et seq.);

3 (B) the Controlled Substances Import and

4 Export Act (21 U.S.C. 951 et seq.); or

5 (C) the Maritime Drug Law Enforcement

6 Act (46 U.S.C. App. 1901 et seq.).

7 (2) REQUIREMENTS.—In carrying out this para8 graph, the United States Sentencing Commission

9 shall—

10 (A) if the offense created a substantial risk

11 of harm to human life (other than a life de12 scribed in subparagraph (B)) or the environ13 ment, increase the base offense level for the

14 offense—

15 (i) by not less than 3 offense levels

16 above the applicable level in effect on the

17 date of enactment of this Act; or

18 (ii) if the resulting base offense level

19 after an increase under clause (i) would be

20 less than level 27, to not less than level 27;

21 or

22 (B) if the offense created a substantial risk

23 of harm to the life of a minor or incompetent,

24 increase the base offense level for the offense—
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1 (i) by not less than 6 offense levels

2 above the applicable level in effect on the

3 date of enactment of this Act; or

4 (ii) if the resulting base offense level

5 after an increase under clause (i) would be

6 less than level 30, to not less than level 30.

7 (3) EMERGENCY AUTHORITY TO SENTENCING

8 COMMISSION.—The United States Sentencing Com9 mission shall promulgate amendments pursuant to

10 this subsection as soon as practicable after the date of

11 enactment of this Act in accordance with the proce12 dure set forth in section 21(a) of the Sentencing Act

13 of 1987 (Public Law 100–182), as though the author14 ity under that Act had not expired.

15 (b) EFFECTIVE DATE.—The amendments made pursu16 ant to this section shall apply with respect to any offense

17 occurring on or after the date that is 60 days after the date

18 of enactment of this Act.

19 SEC. 20. METHAMPHETAMINE PARAPHERNALIA.

20 Section 422(d) of the Controlled Substances Act (21

21 U.S.C. 863(d)) is amended in the matter preceding para22 graph (1) by inserting ‘‘methamphetamine,’’ after ‘‘PCP,’’.