I

106TH CONGRESS

2D SESSION S. 486

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 2000

Referred to the Committee on the Judiciary, and in addition to the Committee

on Commerce, for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

AN ACT

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,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Methamphetamine Anti-Proliferation Act of 1999’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 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. Advertisements for drug paraphernalia and schedule I controlled substances.

Sec. 204. Theft and transportation of anhydrous ammonia for purposes of illicit

production of controlled substances.
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Sec. 205. Criminal prohibition on distribution of certain information relating to

the manufacture 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. Notice; clarification.

Sec. 302. Antidrug messages on Federal Government Internet websites.

Sec. 303. Severability.

1 TITLE I—METHAMPHETAMINE

2 PRODUCTION, TRAFFICKING,

3 AND ABUSE

4 Subtitle A—Criminal Penalties

5 SEC. 101. ENHANCED PUNISHMENT OF AMPHETAMINE LAB6 ORATORY OPERATORS.

7 (a) AMENDMENT TO FEDERAL SENTENCING GUIDE8 LINES.—Pursuant to its authority under section 994(p)

9 of title 28, United States Code, the United States Sen10 tencing Commission shall amend the Federal sentencing

11 guidelines in accordance with this section with respect to

12 any offense relating to the manufacture, importation, ex13 portation, or trafficking in amphetamine (including an at14 tempt or conspiracy to do any of the foregoing) in violation

15 of—

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

17 801 et seq.);

18 (2) the Controlled Substances Import and Ex19 port Act (21 U.S.C. 951 et seq.); or
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1 (3) the Maritime Drug Law Enforcement Act

2 (46 U.S.C. App. 1901 et seq.).

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

4 section, the United States Sentencing Commission shall,

5 with respect to each offense described in subsection (a)

6 relating to amphetamine—

7 (1) review and amend its guidelines to provide

8 for increased penalties such that those penalties are

9 comparable to the base offense level for meth10 amphetamine; and

11 (2) take any other action the Commission con12 siders necessary to carry out this subsection.

13 (c) ADDITIONAL REQUIREMENTS.—In carrying out

14 this section, the United States Sentencing Commission

15 shall ensure that the sentencing guidelines for offenders

16 convicted of offenses described in subsection (a) reflect the

17 heinous nature of such offenses, the need for aggressive

18 law enforcement action to fight such offenses, and the ex19 treme dangers associated with unlawful activity involving

20 amphetamines, including—

21 (1) the rapidly growing incidence of amphet22 amine abuse and the threat to public safety that

23 such abuse poses;

24 (2) the high risk of amphetamine addiction;
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1 (3) the increased risk of violence associated

2 with amphetamine trafficking and abuse; and

3 (4) the recent increase in the illegal importation

4 of amphetamine and precursor chemicals.

5 (d) EMERGENCY AUTHORITY TO SENTENCING COM6 MISSION.—The United States Sentencing Commission

7 shall promulgate amendments pursuant to this section as

8 soon as practicable after the date of the enactment of this

9 Act in accordance with the procedure set forth in section

10 21(a) of the Sentencing Act of 1987 (Public Law 100–

11 182), as though the authority under that Act had not ex12 pired.

13 SEC. 102. ENHANCED PUNISHMENT OF AMPHETAMINE OR

14 METHAMPHETAMINE LABORATORY OPERA15 TORS.

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 manufac23 ture, or conspiracy to manufacture amphetamine or

24 methamphetamine 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

8 paragraph, the United States Sentencing Commis9 sion 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 the 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 the 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

11 of enactment of this Act in accordance with the pro12 cedure set forth in section 21(a) of the Sentencing

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

14 authority under that Act had not expired.

15 (b) EFFECTIVE DATE.—The amendments made pur16 suant to this section shall apply with respect to any of17 fense occurring on or after the date that is 60 days after

18 the date of enactment of this Act.
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1 SEC. 103. MANDATORY RESTITUTION FOR VIOLATIONS OF

2 CONTROLLED SUBSTANCES ACT AND CON3 TROLLED SUBSTANCES IMPORT AND EXPORT

4 ACT RELATING TO AMPHETAMINE AND

5 METHAMPHETAMINE.

6 (a) MANDATORY RESTITUTION.—Section 413(q) of

7 the Controlled Substances Act (21 U.S.C. 853(q)) is

8 amended—

9 (1) in the matter preceding paragraph (1), by

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

11 (2) by inserting ‘‘amphetamine or’’ before

12 ‘‘methamphetamine’’ each place it appears;

13 (3) in paragraph (2)—

14 (A) by inserting ‘‘, the State or local gov15 ernment concerned, or both the United States

16 and the State or local government concerned’’

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

18 and

19 (B) by inserting ‘‘or the State or local gov20 ernment concerned, as the case may be,’’ after

21 ‘‘United States’’ the second place it appears;

22 and

23 (4) in paragraph (3), by striking ‘‘section 3663

24 of title 18, United States Code’’ and inserting ‘‘sec25 tion 3663A of title 18, United States Code’’.
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1 (b) DEPOSIT OF AMOUNTS IN DEPARTMENT OF JUS2 TICE ASSETS FORFEITURE FUND.—Section 524(c)(4) of

3 title 28, United States Code, is amended—

4 (1) by striking ‘‘and’’ at the end of subpara5 graph (B);

6 (2) by striking the period at the end of sub7 paragraph (C) and inserting ‘‘; and’’; and

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

9 ‘‘(D) all amounts collected—

10 ‘‘(i) by the United States pursuant to a re11 imbursement order under paragraph (2) of sec12 tion 413(q) of the Controlled Substances Act

13 (21 U.S.C. 853(q)); and

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

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

16 Controlled Substances Act for injuries to the

17 United States.’’.

18 (c) CLARIFICATION OF CERTAIN ORDERS OF RES19 TITUTION.—Section 3663(c)(2)(B) of title 18, United

20 States Code, is amended by inserting ‘‘which may be’’

21 after ‘‘the fine’’.

22 (d) EXPANSION OF APPLICABILITY OF MANDATORY

23 RESTITUTION.—Section 3663A(c)(1)(A)(ii) of title 18,

24 United States Code, is amended by inserting ‘‘or under
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1 section 416(a) of the Controlled Substances Act (21

2 U.S.C. 856(a)),’’ after ‘‘under this title,’’.

3 (e) TREATMENT OF ILLICIT SUBSTANCE MANUFAC4 TURING OPERATIONS AS CRIMES AGAINST PROPERTY.—

5 Section 416 of the Controlled Substances Act (21 U.S.C.

6 856) is amended by adding at the end the following new

7 subsection:

8 ‘‘(c) A violation of subsection (a) shall be considered

9 an offense against property for purposes of section

10 3663A(c)(1)(A)(ii) of title 18, United States Code.’’.

11 SEC. 104. METHAMPHETAMINE PARAPHERNALIA.

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

13 U.S.C. 863(d)) is amended in the matter preceding para14 graph (1) by inserting ‘‘methamphetamine,’’ after

15 ‘‘PCP,’’.

16 Subtitle B—Enhanced Law

17 Enforcement

18 SEC. 111. ENVIRONMENTAL HAZARDS ASSOCIATED WITH

19 ILLEGAL MANUFACTURE OF AMPHETAMINE

20 AND METHAMPHETAMINE.

21 (a) USE OF AMOUNTS OR DEPARTMENT OF JUSTICE

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

23 title 28, United States Code, is amended—

24 (1) by inserting ‘‘(i) for’’ before ‘‘disburse25 ments’’;
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1 (2) by inserting ‘‘and’’ after the semicolon; and

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

3 ‘‘(ii) for payment for—

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

5 Department of Justice in connection with the

6 removal, for purposes of Federal forfeiture and

7 disposition, of any hazardous substance or pol8 lutant or contaminant associated with the ille9 gal manufacture of amphetamine or meth10 amphetamine; and

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

12 State or local government in connection with

13 such removal in any case in which such State

14 or local government has assisted in a Federal

15 prosecution relating to amphetamine or meth16 amphetamine, to the extent such costs exceed

17 equitable sharing payments made to such State

18 or local government in such case;’’.

19 (b) GRANTS UNDER DRUG CONTROL AND SYSTEM

20 IMPROVEMENT GRANT PROGRAM.—Section 501(b)(3) of

21 the Omnibus Crime Control and Safe Streets Act of 1968

22 is amended by inserting before the semicolon the following:

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

24 contaminant associated with the illegal manufacture of

25 amphetamine or methamphetamine’’.
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1 (c) AMOUNTS SUPPLEMENT AND NOT SUPPLANT.—

2 (1) ASSETS FORFEITURE FUND.—Any amounts

3 made available from the Department of Justice As4 sets Forfeiture Fund in a fiscal year by reason of

5 the amendment made by subsection (a) shall supple6 ment, and not supplant, any other amounts made

7 available to the Department of Justice in such fiscal

8 year from other sources for payment of costs de9 scribed in section 524(c)(1)(E)(ii) of title 28, United

10 States Code, as so amended.

11 (2) GRANT PROGRAM.—Any amounts made

12 available in a fiscal year under the grant program

13 under section 501(b)(3) of the Omnibus Crime Con14 trol and Safe Streets Act of 1968 for the removal

15 of hazardous substances or pollutants or contami16 nants associated with the illegal manufacture of am17 phetamine or methamphetamine by reason of the

18 amendment made by subsection (b) shall supple19 ment, and not supplant, any other amounts made

20 available in such fiscal year from other sources for

21 such removal.
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1 SEC. 112. REDUCTION IN RETAIL SALES TRANSACTION

2 THRESHOLD FOR NON-SAFE HARBOR PROD3 UCTS CONTAINING PSEUDOEPHEDRINE OR

4 PHENYLPROPANOLAMINE.

5 (a) REDUCTION IN TRANSACTION THRESHOLD.—

6 Section 102(39)(A)(iv)(II) of the Controlled Substances

7 Act (21 U.S.C. 802(39)(A)(iv)(II) is amended—

8 (1) by striking ‘‘24 grams’’ both places it ap9 pears and inserting ‘‘9 grams’’; and

10 (2) by inserting before the semicolon at the end

11 the following: ‘‘and sold in package sizes of not more

12 than 3 grams of pseudoephedrine base or 3 grams

13 of phenylpropanolamine base’’.

14 (b) EFFECTIVE DATE.—The amendments made by

15 subsection (a) shall take effect one year after the date of

16 the enactment of this Act.

17 SEC. 113. TRAINING FOR DRUG ENFORCEMENT ADMINIS18 TRATION AND STATE AND LOCAL LAW EN19 FORCEMENT PERSONNEL RELATING TO

20 CLANDESTINE LABORATORIES.

21 (a) IN GENERAL.—

22 (1) REQUIREMENT.—The Administrator of the

23 Drug Enforcement Administration shall carry out

24 the programs described in subsection (b) with re25 spect to the law enforcement personnel of States and

26 localities determined by the Administrator to have
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1 significant levels of methamphetamine-related or am2 phetamine-related crime or projected by the Admin3 istrator to have the potential for such levels of crime

4 in the future.

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

6 under that subsection may not exceed 3 years.

7 (b) COVERED PROGRAMS.—The programs described

8 in this subsection are as follows:

9 (1) ADVANCED MOBILE CLANDESTINE LABORA10 TORY TRAINING TEAMS.—A program of advanced

11 mobile clandestine laboratory training teams, which

12 shall provide information and training to State and

13 local law enforcement personnel in techniques uti14 lized in conducting undercover investigations and

15 conspiracy cases, and other information designed to

16 assist in the investigation of the illegal manufac17 turing and trafficking of amphetamine and meth18 amphetamine.

19 (2) BASIC CLANDESTINE LABORATORY CERTIFI20 CATION TRAINING.—A program of basic clandestine

21 laboratory certification training, which shall provide

22 information and training—

23 (A) to Drug Enforcement Administration

24 personnel and State and local law enforcement

25 personnel for purposes of enabling such per-
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1 sonnel to meet any certification requirements

2 under law with respect to the handling of

3 wastes created by illegal amphetamine and

4 methamphetamine laboratories; and

5 (B) to State and local law enforcement

6 personnel for purposes of enabling such per7 sonnel to provide the information and training

8 covered by subparagraph (A) to other State and

9 local law enforcement personnel.

10 (3) CLANDESTINE LABORATORY RECERTIFI11 CATION AND AWARENESS TRAINING.—A program of

12 clandestine laboratory recertification and awareness

13 training, which shall provide information and train14 ing to State and local law enforcement personnel for

15 purposes of enabling such personnel to provide recer16 tification and awareness training relating to clandes17 tine laboratories to additional State and local law

18 enforcement personnel.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated for each of fiscal years

21 2000, 2001, and 2002 amounts as follows:

22 (1) $1,500,000 to carry out the program de23 scribed in subsection (b)(1).

24 (2) $3,000,000 to carry out the program de25 scribed in subsection (b)(2).
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1 (3) $1,000,000 to carry out the program de2 scribed in subsection (b)(3).

3 SEC. 114. COMBATTING METHAMPHETAMINE AND AMPHET4 AMINE IN HIGH INTENSITY DRUG TRAF5 FICKING AREAS.

6 (a) IN GENERAL.—

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

8 Drug Control Policy shall use amounts available

9 under this section to combat the trafficking of meth10 amphetamine and amphetamine in areas designated

11 by the Director as high intensity drug trafficking

12 areas.

13 (2) ACTIVITIES.—In meeting the requirement

14 in paragraph (1), the Director shall transfer funds

15 to appropriate Federal, State, and local govern16 mental agencies for employing additional Federal

17 law enforcement personnel, or facilitating the em18 ployment of additional State and local law enforce19 ment personnel, including agents, investigators,

20 prosecutors, laboratory technicians, chemists, inves21 tigative assistants, and drug-prevention specialists.

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated to carry out this section—

24 (1) $15,000,000 for fiscal year 2000; and
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1 (2) such sums as may be necessary for each of

2 fiscal years 2001 through 2004.

3 (c) APPORTIONMENT OF FUNDS.—

4 (1) FACTORS IN APPORTIONMENT.—The Direc5 tor shall apportion amounts appropriated for a fiscal

6 year pursuant to the authorization of appropriations

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

8 among and within areas designated by the Director

9 as high intensity drug trafficking areas based on the

10 following factors:

11 (A) The number of methamphetamine

12 manufacturing facilities and amphetamine man13 ufacturing facilities discovered by Federal,

14 State, or local law enforcement officials in the

15 previous fiscal year.

16 (B) The number of methamphetamine

17 prosecutions and amphetamine prosecutions in

18 Federal, State, or local courts in the previous

19 fiscal year.

20 (C) The number of methamphetamine ar21 rests and amphetamine arrests by Federal,

22 State, or local law enforcement officials in the

23 previous fiscal year.

24 (D) The amounts of methamphetamine,

25 amphetamine, or listed chemicals (as that term
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1 is defined in section 102(33) of the Controlled

2 Substances Act (21 U.S.C. 802(33)) seized by

3 Federal, State, or local law enforcement offi4 cials in the previous fiscal year.

5 (E) Intelligence and predictive data from

6 the Drug Enforcement Administration and the

7 Department of Health and Human Services

8 showing patterns and trends in abuse, traf9 ficking, and transportation in methamphet10 amine, amphetamine, and listed chemicals (as

11 that term is so defined).

12 (2) CERTIFICATION.—Before the Director ap13 portions any funds under this subsection to a high

14 intensity drug trafficking area, the Director shall

15 certify that the law enforcement entities responsible

16 for clandestine methamphetamine and amphetamine

17 laboratory seizures in that area are providing labora18 tory seizure data to the national clandestine labora19 tory database at the El Paso Intelligence Center.

20 (d) LIMITATION ON ADMINISTRATIVE COSTS.—Not

21 more than 5 percent of the amount appropriated in a fiscal

22 year pursuant to the authorization of appropriations for

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

24 fiscal year for administrative costs associated with activi25 ties under subsection (a).
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1 SEC. 115. COMBATING AMPHETAMINE AND METHAMPHET2 AMINE MANUFACTURING AND TRAFFICKING.

3 (a) ACTIVITIES.—In order to combat the illegal man4 ufacturing and trafficking in amphetamine and meth5 amphetamine, the Administrator of the Drug Enforcement

6 Administration may—

7 (1) assist State and local law enforcement in

8 small and mid-sized communities in all phases of in9 vestigations related to such manufacturing and traf10 ficking, including assistance with foreign-language

11 interpretation;

12 (2) staff additional regional enforcement and

13 mobile enforcement teams related to such manufac14 turing and trafficking;

15 (3) establish additional resident offices and

16 posts of duty to assist State and local law enforce17 ment in rural areas in combating such manufac18 turing and trafficking;

19 (4) provide the Special Operations Division of

20 the Administration with additional agents and staff

21 to collect, evaluate, interpret, and disseminate crit22 ical intelligence targeting the command and control

23 operations of major amphetamine and methamphet24 amine manufacturing and trafficking organizations;

25 (5) enhance the investigative and related func26 tions of the Chemical Control Program of the Ad-
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1 ministration to implement more fully the provisions

2 of the Comprehensive Methamphetamine Control Act

3 of 1996 (Public Law 104–237);

4 (6) design an effective means of requiring an

5 accurate accounting of the import and export of list

6 I chemicals, and coordinate investigations relating to

7 the diversion of such chemicals;

8 (7) develop a computer infrastructure sufficient

9 to receive, process, analyze, and redistribute time10 sensitive enforcement information from suspicious

11 order reporting to field offices of the Administration

12 and other law enforcement and regulatory agencies,

13 including the continuing development of the Sus14 picious Order Reporting and Tracking System

15 (SORTS) and the Chemical Transaction Database

16 (CTRANS) of the Administration;

17 (8) establish an education, training, and com18 munication process in order to alert the industry to

19 current trends and emerging patterns in the illegal

20 manufacturing of amphetamine and methamphet21 amine; and

22 (9) carry out such other activities as the Ad23 ministrator considers appropriate.

24 (b) ADDITIONAL POSITIONS AND PERSONNEL.—
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1 (1) IN GENERAL.—In carrying out activities

2 under subsection (a), the Administrator may estab3 lish in the Administration not more than 50 full4 time positions, including not more than 31 special5 agent positions, and may appoint personnel to such

6 positions.

7 (2) PARTICULAR POSITIONS.—In carrying out

8 activities under paragraphs (5) through (8) of sub9 section (a), the Administrator may establish in the

10 Administration not more than 15 full-time positions,

11 including not more than 10 diversion investigator

12 positions, and may appoint personnel to such posi13 tions. Any positions established under this para14 graph are in addition to any positions established

15 under paragraph (1).

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated for the Drug Enforce18 ment Administration for each fiscal year after fiscal year

19 1999, $9,500,000 for purposes of carrying out the activi20 ties authorized by subsection (a) and employing personnel

21 in positions established under subsection (b), of which

22 $3,000,000 shall be available for activities under para23 graphs (5) through (8) of subsection (a) and for employing

24 personnel in positions established under subsection (b)(2).
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1 Subtitle C—Abuse Prevention and

2 Treatment

3 SEC. 121. EXPANSION OF METHAMPHETAMINE RESEARCH.

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

5 U.S.C. 285o–2) is amended by adding at the end the fol6 lowing:

7 ‘‘(c) METHAMPHETAMINE RESEARCH.—

8 ‘‘(1) GRANTS OR COOPERATIVE AGREE9 MENTS.—The Director of the Institute may make

10 grants or enter into cooperative agreements to ex11 pand the current and on-going interdisciplinary re12 search and clinical trials with treatment centers of

13 the National Drug Abuse Treatment Clinical Trials

14 Network relating to methamphetamine abuse and

15 addiction and other biomedical, behavioral, and so16 cial issues related to methamphetamine abuse and

17 addiction.

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

19 under a grant or cooperative agreement under para20 graph (1) for methamphetamine abuse and addiction

21 may be used for research and clinical trials relating

22 to—

23 ‘‘(A) the effects of methamphetamine

24 abuse on the human body, including the brain;
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1 ‘‘(B) the addictive nature of methamphet2 amine and how such effects differ with respect

3 to different individuals;

4 ‘‘(C) the connection between methamphet5 amine abuse and mental health;

6 ‘‘(D) the identification and evaluation of

7 the most effective methods of prevention of

8 methamphetamine abuse and addiction;

9 ‘‘(E) the identification and development of

10 the most effective methods of treatment of

11 methamphetamine addiction, including pharma12 cological treatments;

13 ‘‘(F) risk factors for methamphetamine

14 abuse;

15 ‘‘(G) effects of methamphetamine abuse

16 and addiction on pregnant women and their

17 fetuses; and

18 ‘‘(H) cultural, social, behavioral, neuro19 logical and psychological reasons that individ20 uals abuse methamphetamine, or refrain from

21 abusing methamphetamine.

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

23 promptly disseminate research results under this

24 subsection to Federal, State and local entities in-
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1 volved in combating methamphetamine abuse and

2 addiction.

3 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

4 ‘‘(A) AUTHORIZATION OF APPROPRIA5 TIONS.—There is authorized to be appropriated

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

7 be necessary for each fiscal year.

8 ‘‘(B) SUPPLEMENT NOT SUPPLANT.—

9 Amounts appropriated pursuant to the author10 ization of appropriations in subparagraph (A)

11 for a fiscal year shall supplement and not sup12 plant any other amounts appropriated in such

13 fiscal year for research on methamphetamine

14 abuse and addiction.’’.

15 SEC. 122. METHAMPHETAMINE AND AMPHETAMINE TREAT16 MENT INITIATIVE BY CENTER FOR SUB17 STANCE ABUSE TREATMENT.

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

19 Service Act (42 U.S.C. 290bb et seq.) is amended by add20 ing at the end the following new section:

21 ‘‘METHAMPHETAMINE AND AMPHETAMINE TREATMENT

22 INITIATIVE

23 ‘‘SEC. 514. (a) GRANTS.—

24 ‘‘(1) AUTHORITY TO MAKE GRANTS.—The Di25 rector of the Center for Substance Abuse Treatment

26 may make grants to States and Indian tribes recog-
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1 nized by the United States that have a high rate, or

2 have had a rapid increase, in methamphetamine or

3 amphetamine abuse or addiction in order to permit

4 such States and Indian tribes to expand activities in

5 connection with the treatment of methamphetamine

6 or amphetamine abuser or addiction in the specific

7 geographical areas of such States or Indian tribes,

8 as the case may be, where there is such a rate or

9 has been such an increase.

10 ‘‘(2) RECIPIENTS.—Any grants under para11 graph (1) shall be directed to the substance abuse

12 directors of the States, and of the appropriate tribal

13 government authorities of the Indian tribes, selected

14 by the Director to receive such grants.

15 ‘‘(3) NATURE OF ACTIVITIES.—Any activities

16 under a grant under paragraph (1) shall be based on

17 reliable scientific evidence of their efficacy in the

18 treatment of methamphetamine or amphetamine

19 abuse or addiction.

20 ‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director

21 shall ensure that grants under subsection (a) are distrib22 uted equitably among the various regions of the country

23 and among rural, urban, and suburban areas that are af24 fected by methamphetamine or amphetamine abuse or ad25 diction.
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1 ‘‘(c) ADDITIONAL ACTIVITIES.—The Director shall—

2 ‘‘(1) evaluate the activities supported by grants

3 under subsection (a);

4 ‘‘(2) disseminate widely such significant infor5 mation derived from the evaluation as the Director

6 considers appropriate to assist States, Indian tribes,

7 and private providers of treatment services for meth8 amphetamine or amphetamine abuser or addiction in

9 the treatment of methamphetamine or amphetamine

10 abuse or addiction; and

11 ‘‘(3) provide States, Indian tribes, and such

12 providers with technical assistance in connection

13 with the provision of such treatment.

14 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

15 ‘‘(1) IN GENERAL.—There are authorized to be

16 appropriated to carry out this section $10,000,000

17 for fiscal year 2000 and such sums as may be nec18 essary for each of fiscal years 2001 and 2002.

19 ‘‘(2) USE OF CERTAIN FUNDS.—Of the funds

20 appropriated to carry out this section in any fiscal

21 year, the lesser of 5 percent of such funds or

22 $1,000,000 shall be available to the Director for

23 purposes of carrying out subsection (c).’’.
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1 SEC. 123. EXPANSION OF METHAMPHETAMINE ABUSE PRE2 VENTION EFFORTS.

3 (a) EXPANSION OF EFFORTS.—Section 515 of the

4 Public Health Service Act (42 U.S.C. 290bb–21) is

5 amended by adding at the end the following:

6 ‘‘(e)(1) The Administrator may make grants to and

7 enter into contracts and cooperative agreements with pub8 lic and nonprofit private entities to enable such entities—

9 ‘‘(A) to carry out school-based programs con10 cerning the dangers of abuse of and addiction to

11 methamphetamine and other illicit drugs, using

12 methods that are effective and science-based, includ13 ing initiatives that give students the responsibility to

14 create their own anti-drug abuse education programs

15 for their schools; and

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

17 addiction prevention programs relating to meth18 amphetamine and other illicit drugs that are effec19 tive and science-based.

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

21 or cooperative agreement under paragraph (1) shall be

22 used for planning, establishing, or administering preven23 tion programs relating to methamphetamine and other il24 licit drugs in accordance with paragraph (3).

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

26 be used—
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1 ‘‘(i) to carry out school-based programs that

2 are focused on those districts with high or increasing

3 rates of methamphetamine abuse and addiction and

4 targeted at populations which are most at risk to

5 start abuse of methamphetamine and other illicit

6 drugs;

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

8 programs that are focused on those populations

9 within the community that are most at-risk for

10 abuse of and addiction to methamphetamine and

11 other illicit drugs;

12 ‘‘(iii) to assist local government entities to con13 duct appropriate prevention activities relating to

14 methamphetamine and other illicit drugs;

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

16 enforcement officials, prevention and education offi17 cials, members of community anti-drug coalitions

18 and parents on the signs of abuse of and addiction

19 to methamphetamine and other illicit drugs, and the

20 options for treatment and prevention;

21 ‘‘(v) for planning, administration, and edu22 cational activities related to the prevention of abuse

23 of and addiction to methamphetamine and other il24 licit drugs;
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1 ‘‘(vi) for the monitoring and evaluation of pre2 vention activities relating to methamphetamine and

3 other illicit drugs, and reporting and disseminating

4 resulting information to the public; and

5 ‘‘(vii) for targeted pilot programs with evalua6 tion components to encourage innovation and experi7 mentation with new methodologies.

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

9 grants under this subsection to rural and urban areas that

10 are experiencing a high rate or rapid increases in meth11 amphetamine abuse and addiction.

12 ‘‘(4)(A) Not less than $500,000 of the amount avail13 able in each fiscal year to carry out this subsection shall

14 be made available to the Administrator, acting in consulta15 tion with other Federal agencies, to support and conduct

16 periodic analyses and evaluations of effective prevention

17 programs for abuse of and addiction to methamphetamine

18 and other illicit drugs and the development of appropriate

19 strategies for disseminating information about and imple20 menting these programs.

21 ‘‘(B) The Administrator shall submit to the commit22 tees of Congress referred to in subparagraph (C) an an23 nual report with the results of the analyses and evaluation

24 under subparagraph (A).
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1 ‘‘(C) The committees of Congress referred to in this

2 subparagraph are the following:

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

4 Labor, and Pensions, the Judiciary, and Appropria5 tions of the Senate.

6 ‘‘(ii) The Committees on Commerce, the Judici7 ary, and Appropriations of the House of Representa8 tives.’’.

9 (b) AUTHORIZATION OF APPROPRIATIONS FOR EX10 PANSION OF ABUSE PREVENTION EFFORTS AND PRACTI11 TIONER REGISTRATION REQUIREMENTS.—There is au12 thorized to be appropriated to carry out section 515(e) of

13 the Public Health Service Act (as added by subsection (a))

14 and section 303(g)(2) of the Controlled Substances Act

15 (as added by section 18(a) of this Act), $15,000,000 for

16 fiscal year 2000, and such sums as may be necessary for

17 each succeeding fiscal year.

18 SEC. 124. STUDY OF METHAMPHETAMINE TREATMENT.

19 (a) STUDY.—

20 (1) REQUIREMENT.—The Secretary of Health

21 and Human Services shall, in consultation with the

22 Institute of Medicine of the National Academy of

23 Sciences, conduct a study on the development of

24 medications for the treatment of addiction to am25 phetamine and methamphetamine.
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1 (2) REPORT.—Not later than nine months after

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

3 shall submit to the Committees on the Judiciary of

4 the Senate and House of Representatives a report on

5 the results of the study conducted under paragraph

6 (1).

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There

8 are hereby authorized to be appropriated for the Depart9 ment of Health and Human Services for fiscal year 2000

10 such sums as may be necessary to meet the requirements

11 of subsection (a).

12 Subtitle D—Reports

13 SEC. 131. REPORTS ON CONSUMPTION OF METHAMPHET14 AMINE AND OTHER ILLICIT DRUGS IN RURAL

15 AREAS, METROPOLITAN AREAS, AND CON16 SOLIDATED METROPOLITAN AREAS.

17 The Secretary of Health and Human Services shall

18 include in each National Household Survey on Drug

19 Abuse appropriate prevalence data and information on the

20 consumption of methamphetamine and other illicit drugs

21 in rural areas, metropolitan areas, and consolidated met22 ropolitan areas.
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1 SEC. 132. REPORT ON DIVERSION OF ORDINARY, OVER2 THE-COUNTER PSEUDOEPHEDRINE AND

3 PHENYLPROPANOLAMINE PRODUCTS.

4 (a) STUDY.—The Attorney General shall conduct a

5 study of the use of ordinary, over-the-counter

6 pseudoephedrine and phenylpropanolamine products in the

7 clandestine production of illicit drugs. Sources of data for

8 the study shall include the following:

9 (1) Information from Federal, State, and local

10 clandestine laboratory seizures and related investiga11 tions identifying the source, type, or brand of drug

12 products being utilized and how they were obtained

13 for the illicit production of methamphetamine and

14 amphetamine.

15 (2) Information submitted voluntarily from the

16 pharmaceutical and retail industries involved in the

17 manufacture, distribution, and sale of drug products

18 containing ephedrine, pseudoephedrine, and phenyl19 propanolamine, including information on changes in

20 the pattern, volume, or both, of sales of ordinary,

21 over-the-counter pseudoephedrine and phenyl22 propanolamine products.

23 (b) REPORT.—

24 (1) REQUIREMENT.—Not later than one year

25 after the date of the enactment of this Act, the At-
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1 torney General shall submit to Congress a report on

2 the study conducted under subsection (a).

3 (2) ELEMENTS.—The report shall include—

4 (A) the findings of the Attorney General as

5 a result of the study; and

6 (B) such recommendations on the need to

7 establish additional measures to prevent diver8 sion of ordinary, over-the-counter

9 pseudoephedrine and phenylpropanolamine

10 (such as a threshold on ordinary, over-the11 counter pseudoephedrine and phenylpropanola12 mine products) as the Attorney General con13 siders appropriate.

14 (3) MATTERS CONSIDERED.—In preparing the

15 report, the Attorney General shall consider the com16 ments and recommendations including the comments

17 on the Attorney General’s proposed findings and rec18 ommendations, of State and local law enforcement

19 and regulatory officials and of representatives of the

20 industry described in subsection (a)(2).

21 (c) REGULATION OF RETAIL SALES.—

22 (1) IN GENERAL.—Notwithstanding section

23 401(d) of the Comprehensive Methamphetamine

24 Control Act of 1996 (21 U.S.C. 802 note) and sub25 ject to paragraph (2), the Attorney General shall es-
34

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1 tablish by regulation a single-transaction limit of not

2 less than 24 grams of ordinary, over-the-counter

3 pseudoephedrine or phenylpropanolamine (as the

4 case may be) for retail distributors, if the Attorney

5 General finds, in the report under subsection (b),

6 that—

7 (A) there is a significant number of in8 stances (as set forth in paragraph (3)(A) of

9 such section 401(d) for purposes of such sec10 tion) where ordinary, over-the-counter

11 pseudoephedrine products, phenylpropanolamine

12 products, or both such products that were pur13 chased from retail distributors were widely used

14 in the clandestine production of illicit drugs;

15 and

16 (B) the best practical method of preventing

17 such use is the establishment of single-trans18 action limits for retail distributors of either or

19 both of such products.

20 (2) DUE PROCESS.—The Attorney General shall

21 establish the single-transaction limit under para22 graph (1) only after notice, comment, and an infor23 mal hearing.
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1 TITLE II—CONTROLLED

2 SUBSTANCES GENERALLY

3 Subtitle A—Criminal Matters

4 SEC. 201. ENHANCED PUNISHMENT FOR TRAFFICKING IN

5 LIST I CHEMICALS.

6 (a) AMENDMENTS TO FEDERAL SENTENCING GUIDE7 LINES.—Pursuant to its authority under section 994(p)

8 of title 28, United States, the United States Sentencing

9 Commission shall amend the Federal sentencing guidelines

10 in accordance with this section with respect to any viola11 tion of paragraph (1) or (2) of section 401(d) of the Con12 trolled Substances Act (21 U.S.C. 841(d)) involving a list

13 I chemical and any violation of paragraph (1) or (3) of

14 section 1010(d) of the Controlled Substance Import and

15 Export Act (21 U.S.C. 960(d)) involving a list I chemical.

16 (b) EPHEDRINE, PHENYLPROPANOLAMINE, AND

17 PSEUDOEPHEDRINE.—

18 (1) IN GENERAL.—In carrying this section, the

19 United States Sentencing Commission shall, with re20 spect to each offense described in subsection (a) in21 volving ephedrine, phenylpropanolamine, or

22 pseudoephedrine (including their salts, optical iso23 mers, and salts of optical isomers), review and

24 amend its guidelines to provide for increased pen25 alties such that those penalties corresponded to the
36

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1 quantity of controlled substance that could reason2 ably have been manufactured using the quantity of

3 ephedrine, phenylpropanolamine, or pseudoephedrine

4 possessed or distributed.

5 (2) CONVERSION RATIOS.—For the purposes of

6 the amendments made by this subsection, the quan7 tity of controlled substance that could reasonably

8 have been manufactured shall be determined by

9 using a table of manufacturing conversion ratios for

10 ephedrine, phenylpropanolamine, and

11 pseudoephedrine, which table shall be established by

12 the Sentencing Commission based on scientific, law

13 enforcement, and other data the Sentencing Com14 mission considers appropriate.

15 (c) OTHER LIST I CHEMICALS.—In carrying this sec16 tion, the United States Sentencing Commission shall, with

17 respect to each offense described in subsection (a) involv18 ing any list I chemical other than ephedrine, phenyl19 propanolamine, or pseudoephedrine, review and amend its

20 guidelines to provide for increased penalties such that

21 those penalties reflect the dangerous nature of such of22 fenses, the need for aggressive law enforcement action to

23 fight such offenses, and the extreme dangers associated

24 with unlawful activity involving methamphetamine and

25 amphetamine, including—
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1 (1) the rapidly growing incidence of controlled

2 substance manufacturing;

3 (2) the extreme danger inherent in manufac4 turing controlled substances;

5 (3) the threat to public safety posed by manu6 facturing controlled substances; and

7 (4) the recent increase in the importation, pos8 session, and distribution of list I chemicals for the

9 purpose of manufacturing controlled substances.

10 (d) EMERGENCY AUTHORITY TO SENTENCING COM11 MISSION.—The United States Sentencing Commission

12 shall promulgate amendments pursuant to this section as

13 soon as practicable after the date of the enactment of this

14 Act in accordance with the procedure set forth in section

15 21(a) of the Sentencing Act of 1987 (Public Law 100–

16 182), as though the authority under that Act had not ex17 pired.

18 SEC. 202. MAIL ORDER REQUIREMENTS.

19 Section 310(b)(3) of the Controlled Substances Act

20 (21 U.S.C. 830(b)(3)) is amended—

21 (1) by redesignating subparagraphs (A) and

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

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

24 redesignated, the following new subparagraph (A):

25 ‘‘(A) As used in this paragraph:
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1 ‘‘(i) The term ‘drug product’ means

2 an active ingredient in dosage form that

3 has been approved or otherwise may be

4 lawfully marketed under the Food, Drug,

5 and Cosmetic Act for distribution in the

6 United States.

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

8 means a prescription which is issued for a

9 legitimate medical purpose by an individual

10 practitioner licensed by law to administer

11 and prescribe the drugs concerned and act12 ing in the usual course of the practitioner’s

13 professional practice.’’;

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

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

16 after ‘‘nonregulated person’’; and

17 (4) adding at the end the following:

18 ‘‘(D) Except as provided in subparagraph

19 (E), the following distributions to a nonregu20 lated person, and the following export trans21 actions, shall not be subject to the reporting re22 quirement in subparagraph (B):

23 ‘‘(i) Distributions of sample packages

24 of drug products when such packages con25 tain not more than 2 solid dosage units or
39

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1 the equivalent of 2 dosage units in liquid

2 form, not to exceed 10 milliliters of liquid

3 per package, and not more than one pack4 age is distributed to an individual or resi5 dential address in any 30-day period.

6 ‘‘(ii) Distributions of drug products by

7 retail distributors that may not include

8 face-to-face transactions to the extent that

9 such distributions are consistent with the

10 activities authorized for a retail distributor

11 as specified in section 102(46).

12 ‘‘(iii) Distributions of drug products

13 to a resident of a long term care facility

14 (as that term is defined in regulations pre15 scribed by the Attorney General) or dis16 tributions of drug products to a long term

17 care facility for dispensing to or for use by

18 a resident of that facility.

19 ‘‘(iv) Distributions of drug products

20 pursuant to a valid prescription.

21 ‘‘(v) Exports which have been re22 ported to the Attorney General pursuant to

23 section 1004 or 1018 or which are subject

24 to a waiver granted under section

25 1018(e)(2).
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1 ‘‘(vi) Any quantity, method, or type of

2 distribution or any quantity, method, or

3 type of distribution of a specific listed

4 chemical (including specific formulations or

5 drug products) or of a group of listed

6 chemicals (including specific formulations

7 or drug products) which the Attorney Gen8 eral has excluded by regulation from such

9 reporting requirement on the basis that

10 such reporting is not necessary for the en11 forcement of this title or title III.

12 ‘‘(E) The Attorney General may revoke

13 any or all of the exemptions listed in subpara14 graph (D) for an individual regulated person if

15 he finds that drug products distributed by the

16 regulated person are being used in violation of

17 this title or title III. The regulated person shall

18 be notified of the revocation, which will be ef19 fective upon receipt by the person of such no20 tice, as provided in section 1018(c)(1), and

21 shall have the right to an expedited hearing as

22 provided in section 1018(c)(2).’’.
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1 SEC. 203. ADVERTISEMENTS FOR DRUG PARAPHERNALIA

2 AND SCHEDULE I CONTROLLED SUBSTANCES.

3 (a) DRUG PARAPHERNALIA.—Subsection (a)(1) of

4 section 422 of the Controlled Substances Act (21 U.S.C.

5 863) is amended by inserting ‘‘, directly or indirectly ad6 vertise for sale,’’ after ‘‘sell’’.

7 (b) IMMUNITIES AND OBLIGATIONS OF INTERACTIVE

8 COMPUTER SERVICES.—

9 (1) IN GENERAL.—Such section 422 is further

10 amended by adding at the end the following new

11 subsection:

12 ‘‘(g) IMMUNITIES AND OBLIGATIONS OF INTER13 ACTIVE COMPUTER SERVICES.—

14 ‘‘(1) IN GENERAL.—An interactive computer

15 service that satisfies the conditions of this subsection

16 shall not be liable under this section or section 2 or

17 371 of title 18, United States Code, for the use of

18 its facilities or services—

19 ‘‘(A) by another person, or

20 ‘‘(B) as an information location tool re21 ferred to in paragraph (6)(A), provided that the

22 interactive computer service does not control or

23 modify (except to prevent or avoid a violation of

24 law) the content of the online location to which

25 such location tool refers or links,
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1 to engage in activity that violates this section, except

2 as provided in paragraph (2).

3 ‘‘(2) NOTICE AND TAKE DOWN RESPONSI4 BILITY.—

5 ‘‘(A) IN GENERAL.—If an interactive com6 puter service receives a notice described in sub7 paragraph (B) that a particular online site re8 siding on a computer server controlled or oper9 ated by the provider is being used to violate this

10 section, the provider shall within 48 hours, not

11 including weekends and holidays, remove or dis12 able access to the matter residing at that online

13 site that allegedly violates this section.

14 ‘‘(B) NOTICE.—A notice is described in

15 this subparagraph only if it is a written commu16 nication from the Attorney General, the Admin17 istrator of the Drug Enforcement Administra18 tion, or a United States Attorney supplied to

19 the agent of the interactive computer service

20 designated in accordance with section 512(c)(2)

21 of title 17, United States Code, or to any em22 ployee of the provider if no such designation

23 has been made, and includes—

24 ‘‘(i) identification of the matter that

25 allegedly violates this section and that is to
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1 be removed or access to which is to be dis2 abled;

3 ‘‘(ii) an allegation that such matter

4 violates this section;

5 ‘‘(iii) information reasonably sufficient

6 to permit the interactive computer service

7 to locate such matter; and

8 ‘‘(iv) information reasonably sufficient

9 to permit the interactive computer service

10 to contact the Federal official, including an

11 address, telephone number, and, if avail12 able, an electronic mail address at which

13 the Federal official providing such notice

14 may be contacted.

15 ‘‘(C) FAILURE TO TAKE DOWN MATTER.—

16 An interactive computer service that does not

17 take the actions described in this paragraph

18 upon receiving a notice meeting the require19 ments of subparagraph (B) shall be deemed to

20 have knowingly permitted its computer server to

21 be used to engage in activity prohibited by this

22 section and to have actual knowledge that the

23 activity is prohibited by this section.

24 ‘‘(D) APPLICABILITY TO PROVIDERS OF

25 BROWSER SOFTWARE.—
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1 ‘‘(i) INAPPLICABILITY.—This para2 graph shall not apply to a provider of

3 browser software to the extent that the

4 provider provides access to information lo5 cation tools controlled by another party.

6 ‘‘(ii) APPLICABILITY.—This para7 graph shall apply to a provider of browser

8 software which provides matter consisting

9 primarily of matter prohibited by this sec10 tion or which holds itself out to others as

11 a source of, or directory for, or means of

12 searching for matter prohibited by this sec13 tion.

14 ‘‘(3) APPLICABILITY.—Paragraph (1) shall not

15 apply in the case of an interactive computer service

16 which—

17 ‘‘(A) knowingly permits an online site on

18 its computer server to be used to engage in ac19 tivity that the interactive computer service has

20 actual knowledge is prohibited by this section;

21 ‘‘(B) consists primarily of matter prohib22 ited by this section; or

23 ‘‘(C) holds itself out to others as a source

24 of, or means of searching for matter prohibited

25 by this section.
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1 ‘‘(4) IMMUNITY FOR REMOVAL OF MATTER.—

2 An interactive computer service shall not be liable

3 under Federal or State law for taking any action to

4 remove or disable access to any matter described in

5 this section, or to terminate the account of any sub6 scriber of such service, based upon a good faith be7 lief that such matter violates this section or that

8 such subscriber has engaged in a violation of this

9 section.

10 ‘‘(5) PENALTIES FOR MISREPRESENTATIONS.—

11 Any person who knowingly misrepresents under this

12 section that such person is an official of a law en13 forcement agency described in paragraph (2)(B)

14 shall be deemed to violate section 912 of title 18,

15 United States Code.

16 ‘‘(6) DEFINITION.—An interactive computer

17 service referred to in this subsection is an interactive

18 computer service (as that term is defined in section

19 230(f) of the Communications Act of 1934 (47

20 U.S.C. 230(f)), including a service that—

21 ‘‘(A) provides an information location tool

22 to refer or link users to an online location, in23 cluding a directory, index, or hypertext link,

24 provided that the interactive computer service

25 does not control or modify the content of the
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1 online location to which such location tool refers

2 or links; or

3 ‘‘(B) is engaged in the transmission, stor4 age, retrieval, hosting, formatting, or trans5 lation of a communication made by another per6 son without selection or alteration of the con7 tent of the communication, other than that

8 done in good faith to prevent or avoid a viola9 tion of law.’’.

10 (2) DIRECTORY OF AGENTS.—

11 (A) PROVISION TO ATTORNEY GENERAL.—

12 Not later than three months after the date of

13 the enactment of this Act, and every month

14 thereafter, the Register of Copyrights shall pro15 vide to the Attorney General and the Adminis16 trator of the Drug Enforcement Administration

17 an electronic copy of the registry of designated

18 agents described in section 512(c)(2) of title 17,

19 United States Code.

20 (B) PROVISION TO UNITED STATES ATTOR21 NEYS.—The Attorney General shall make avail22 able to all United States Attorneys each reg23 istry made available to the Attorney General

24 under subparagraph (A).
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1 (c) DIRECTLY OR INDIRECTLY ADVERTISE FOR SALE

2 DEFINED.—Such section 422 is further amended by add3 ing at the end the following new subsection:

4 ‘‘(h) In this section, the term ‘directly or indirectly

5 advertise for sale’ means the use of any communication

6 facility (as that term is defined in section 403(b)) to post,

7 publicize, transmit, publish, link to, broadcast, or other8 wise advertise any matter (including a telephone number

9 or electronic or mail address) with the intent to facilitate

10 or promote a transaction in.’’.

11 (d) SCHEDULE I CONTROLLED SUBSTANCES.—Sec12 tion 403(c) of such Act (21 U.S.C. 843(c)) is amended—

13 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’;

14 (2) in paragraph (1), as so designated—

15 (A) in the first sentence, by inserting be16 fore the period the following: ‘‘, or to directly

17 or indirectly advertise for sale (as that term is

18 defined in section 422(h)) any Schedule I con19 trolled substance’’; and

20 (B) in the second sentence, by striking

21 ‘‘term ‘advertisement’ ’’ and inserting ‘‘term

22 ‘written advertisement’ ’’; and

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

24 ‘‘(2) In the case of direct or indirect advertisements

25 for sale under paragraph (1), the limitations on criminal
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1 liability for interactive computer services under section

2 442(g) shall be available to interactive computer services

3 under this subsection to the same extent, and subject to

4 the same terms and conditions, as such limitations on

5 criminal liability are available to interactive computer

6 services under such section 442(g). For purposes of the

7 application of such section 442(g) to an interactive com8 puter service under this subsection, any reference in such

9 section to the term ‘conduct prohibited by this section’

10 shall be deemed to refer to direct or indirect advertise11 ments for sale prohibited by the first sentence of para12 graph (1).’’.

13 SEC. 204. THEFT AND TRANSPORTATION OF ANHYDROUS

14 AMMONIA FOR PURPOSES OF ILLICIT PRO15 DUCTION OF CONTROLLED SUBSTANCES.

16 (a) IN GENERAL.—Part D of the Controlled Sub17 stances Act (21 U.S.C. 841 et seq.) is amended by adding

18 at the end the following:

19 ‘‘ANHYDROUS AMMONIA

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

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

22 ‘‘(2) to transport stolen anhydrous ammonia

23 across State lines,

24 knowing, intending, or having reasonable cause to believe

25 that such anhydrous ammonia will be used to manufacture

26 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

6 for that Act is amended by inserting after the item relat7 ing 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

11 enter into an agreement with Iowa State University

12 in 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.—

19 The agreement under paragraph (1) may provide for

20 the provision to Iowa State University, on a reim21 bursable basis, of $500,000 for purposes the activi22 ties specified in that paragraph.

23 (3) AUTHORIZATION OF APPROPRIATIONS.—

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

2 2000, $500,000 for purposes of carrying out the

3 agreement under this subsection.

4 SEC. 205. CRIMINAL PROHIBITION ON DISTRIBUTION OF

5 CERTAIN INFORMATION RELATING TO THE

6 MANUFACTURE OF CONTROLLED SUB7 STANCES.

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

9 Code, is amended by inserting after chapter 21 the fol10 lowing new chapter:

11 ‘‘CHAPTER 22—CONTROLLED

12 SUBSTANCES

‘‘Sec.

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

13 ‘‘§ 421. Distribution of information relating to manu14 facture of controlled substances

15 ‘‘(a) PROHIBITION ON DISTRIBUTION OF INFORMA16 TION RELATING TO MANUFACTURE OF CONTROLLED

17 SUBSTANCES.—

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

19 this subsection, the term ‘controlled substance’ has

20 the meaning given that term in section 102(6) of the

21 Controlled Substances Act (21 U.S.C. 802(6)).

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

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

3 by any means information pertaining to, in

4 whole or in part, the manufacture of a con5 trolled substance, with the intent that the

6 teaching, demonstration, or information be used

7 for, or in furtherance of, an activity that con8 stitutes a Federal crime; or

9 ‘‘(B) to teach or demonstrate to any per10 son the manufacture of a controlled substance,

11 or to distribute to any person, by any means,

12 information pertaining to, in whole or in part,

13 the manufacture 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

20 than 10 years, or both.’’.

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

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

23 is amended by inserting after the item relating to chapter

24 21 the following new item:

‘‘22. Controlled Substances ............................................................ 421’’.
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1 Subtitle B—Other Matters

2 SEC. 211. WAIVER AUTHORITY FOR PHYSICIANS WHO DIS3 PENSE OR PRESCRIBE CERTAIN NARCOTIC

4 DRUGS FOR MAINTENANCE TREATMENT OR

5 DETOXIFICATION TREATMENT.

6 (a) REQUIREMENTS.—Section 303(g) of the Con7 trolled Substances Act (21 U.S.C. 823(g)) is amended—

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

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

10 the maintenance’’ and inserting ‘‘(ii) the mainte11 nance’’;

12 (2) by redesignating paragraphs (1) through

13 (3) as subparagraphs (A) through (C), respectively;

14 (3) by inserting ‘‘(1)’’ after ‘‘(g)’’;

15 (4) by striking ‘‘Practitioners who dispense’’

16 and inserting ‘‘Except as provided in paragraph (2),

17 practitioners who dispense and prescribe’’; and

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

19 ‘‘(2)(A) Subject to subparagraphs (D), the require20 ments of paragraph (1) are waived in the case of the dis21 pensing or prescribing, by a physician, of narcotic drugs

22 in schedule III, IV, or V, or combinations of such drugs,

23 if the physician meets the conditions specified in subpara24 graph (B) and the narcotic drugs or combinations of such

25 drugs meet the conditions specified in subparagraph (C).
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1 ‘‘(B)(i) For purposes of subparagraph (A), the condi2 tions specified in this subparagraph with respect to a phy3 sician are that, before dispensing or prescribing narcotic

4 drugs in schedule III, IV, or V, or combinations of such

5 drugs, to patients for maintenance or detoxification treat6 ment, the physician submit to the Secretary and the Attor7 ney General a notification of the intent of the physician

8 to begin dispensing or prescribing the drugs or combina9 tions for such purpose, and that the notification to the

10 Secretary also contain the following certifications by the

11 physician:

12 ‘‘(I) The physician—

13 ‘‘(aa) is a physician licensed under State

14 law; and

15 ‘‘(bb) has training or experience and the

16 ability to treat and manage opiate-dependent

17 patients.

18 ‘‘(II) With respect to patients to whom the phy19 sician will provide such drugs or combinations of

20 drugs, the physician has the capacity to refer the pa21 tients for appropriate counseling and other appro22 priate ancillary services.

23 ‘‘(III) In any case in which the physician is not

24 in a group practice, the total number of such pa25 tients of the physician at any one time will not ex-
54

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1 ceed the applicable number. For purposes of this

2 subclause, the applicable number is 20, except that

3 the Secretary may by regulation change such total

4 number.

5 ‘‘(IV) In any case in which the physician is in

6 a group practice, the total number of such patients

7 of the group practice at any one time will not exceed

8 the applicable number. For purposes of this sub9 clause, the applicable number is 20, except that the

10 Secretary may by regulation change such total num11 ber, and the Secretary for such purposes may by

12 regulation establish different categories on the basis

13 of the number of physicians in a group practice and

14 establish for the various categories different numer15 ical limitations on the number of such patients that

16 the group practice may have.

17 ‘‘(ii)(I) The Secretary may, in consultation with the

18 Administrator of the Drug Enforcement Administration,

19 the Administrator of the Substance Abuse and Mental

20 Health Services Administration, the Director of the Center

21 for Substance Abuse Treatment, the Director of the Na22 tional Institute on Drug Abuse, and the Commissioner of

23 Food and Drugs, issue regulations through notice and

24 comment rulemaking or practice guidelines to address the

25 following:
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1 ‘‘(aa) Approval of additional credentialing bod2 ies and the responsibilities of additional

3 credentialing bodies.

4 ‘‘(bb) Additional exemptions from the require5 ments of this paragraph and any regulations under

6 this paragraph.

7 ‘‘(II) Nothing in the regulations or practice guide8 lines under this clause may authorize any Federal official

9 or employee to exercise supervision or control over the

10 practice of medicine or the manner in which medical serv11 ices are provided.

12 ‘‘(III)(aa) The Secretary shall issue a Treatment Im13 provement Protocol containing best practice guidelines for

14 the treatment and maintenance of opiate-dependent pa15 tients. The Secretary shall develop the protocol in con16 sultation with the Director of the National Institute on

17 Drug Abuse, the Director of the Center for Substance

18 Abuse Treatment, the Administrator of the Drug Enforce19 ment Administration, the Commissioner of Food and

20 Drugs, the Administrator of the Substance Abuse and

21 Mental Health Services Administration, and other sub22 stance abuse disorder professionals. The protocol shall be

23 guided by science.
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1 ‘‘(bb) The protocol shall be issued not later than 120

2 days after the date of the enactment of the Methamphet3 amine Anti-Proliferation Act of 1999.

4 ‘‘(IV) For purposes of the regulations or practice

5 guidelines under subclause (I), a physician shall have

6 training or experience under clause (i)(I)(bb) if the physi7 cian meets one or more of the following conditions:

8 ‘‘(aa) The physician is certified in addiction

9 treatment by the American Society of Addiction

10 Medicine, the American Board of Medical Special11 ties, the American Osteopathic Academy of Addic12 tion Medicine, or any other certified body accredited

13 by the Secretary.

14 ‘‘(bb) The physician has been a clinical investi15 gator in a clinical trial conducted for purposes of se16 curing approval under section 505 of the Federal

17 Food, Drug, and Cosmetic Act (21 U.S.C. 355) or

18 section 351 of the Public Health Service Act (42

19 U.S.C. 262) of a narcotic drug in schedule III, IV,

20 or V for the treatment of addiction, if such approval

21 was granted.

22 ‘‘(cc) The physician has completed training

23 (through classroom situations, seminars, professional

24 society meetings, electronic communications, or oth25 erwise) provided by the American Society of Addic-
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1 tion Medicine, the American Academy of Addiction

2 Psychiatry, the American Osteopathic Academy of

3 Addiction Medicine, the American Medical Associa4 tion, the American Osteopathic Association, the

5 American Psychiatric Association, or any other orga6 nization that the Secretary determines appropriate

7 for purposes of this item. The curricula may include

8 training in patient need for counseling regarding

9 HIV, Hepatitis C, and other infectious diseases, sub10 stance abuse counseling, random drug testing, med11 ical evaluation, annual assessment, prenatal care, di12 agnosis of addiction, rehabilitation services, con13 fidentiality, and other appropriate topics.

14 ‘‘(dd) The physician has training or experience

15 in the treatment and management of opiate-depend16 ent, which training or experience shall meet such cri17 teria as the Secretary may prescribe. Any such cri18 teria shall be effective for a period of three years

19 after the effective date of such criteria, but the Sec20 retary may extend the effective period of such cri21 teria by additional periods of three years for each

22 extension if the Secretary determines that such ex23 tension is appropriate for purposes of this item. Any

24 such extension shall go into effect only if the Sec25 retary publishes a notice of such extension in the
58

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1 Federal Register during the 30-day period ending on

2 the date of the end of the three-year effective period

3 of such criteria to which such extension will apply.

4 ‘‘(ee) The physician is certified in addiction

5 treatment by a State medical licensing board, or an

6 entity accredited by such board, unless the Secretary

7 determines (after an opportunity for a hearing) that

8 the training provided by such board or entity was in9 adequate for the treatment and management of opi10 ate-dependent patients.

11 ‘‘(C) For purposes of subparagraph (A), the condi12 tions specified in this subparagraph with respect to nar13 cotic drugs in schedule III, IV, or V, or combinations of

14 such drugs, are as follows:

15 ‘‘(i) The drugs or combinations of drugs have,

16 under the Federal Food, Drug and Cosmetic Act or

17 section 351 of the Public Health Service Act, been

18 approved for use in maintenance or detoxification

19 treatment.

20 ‘‘(ii) The drugs or combinations of drugs have

21 not been the subject of an adverse determination.

22 For purposes of this clause, an adverse determina23 tion is a determination published in the Federal

24 Register and made by the Secretary, after consulta25 tion with the Attorney General, that experience since
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1 the approval of the drug or combinations of drugs

2 has shown that the use of the drugs or combinations

3 of drugs for maintenance or detoxification treatment

4 requires additional standards respecting the quali5 fications of physicians to provide such treatment, or

6 requires standards respecting the quantities of the

7 drugs that may be provided for unsupervised use.

8 ‘‘(D)(i) A waiver under subparagraph (A) with re9 spect to a physician is not in effect unless (in addition

10 to conditions under subparagraphs (B) and (C)) the fol11 lowing conditions are met:

12 ‘‘(I) The notification under subparagraph (B) is

13 in writing and states the name of the physician.

14 ‘‘(II) The notification identifies the registration

15 issued for the physician pursuant to subsection (f).

16 ‘‘(III) If the physician is a member of a group

17 practice, the notification states the names of the

18 other physicians in the practice and identifies the

19 registrations issued for the other physicians pursu20 ant to subsection (f).

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

22 date on which the notification was submitted, and

23 during such period the physician does not receive

24 from the Secretary a written notice that one or more

25 of the conditions specified in subparagraph (B), sub-
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1 paragraph (C), or this subparagraph, have not been

2 met.

3 ‘‘(ii) The Secretary shall provide to the Attorney Gen4 eral such information contained in notifications under sub5 paragraph (B) as the Attorney General may request.

6 ‘‘(E) If in violation of subparagraph (A) a physician

7 dispenses or prescribes narcotic drugs in schedule III, IV,

8 or V, or combinations of such drugs, for maintenance

9 treatment or detoxification treatment, the Attorney Gen10 eral may, for purposes of section 304(a)(4), consider the

11 physician to have committed an act that renders the reg12 istration of the physician pursuant to subsection (f) to be

13 inconsistent with the public interest.

14 ‘‘(F)(i) Upon determining that a physician meets the

15 conditions specified in subparagraph (B), the Secretary

16 shall notify the physician and the Attorney General.

17 ‘‘(ii) Upon receiving notice with respect to a physician

18 under clause (i), the Attorney General shall assign the

19 physician an identification number under this paragraph

20 for inclusion with the physician’s current registration to

21 prescribe narcotics. An identification number assigned a

22 physician under this clause shall be appropriate to pre23 serve the confidentiality of a patient prescribed narcotic

24 drugs covered by this paragraph by the physician.
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1 ‘‘(iii) If the Secretary fails to make a determination

2 described in clause (i) by the end of the 45-day period

3 beginning on the date of the receipt by the Secretary of

4 a notification from a physician under subparagraph (B),

5 the Attorney General shall assign the physician an identi6 fication number described in clause (ii) at the end of such

7 period.

8 ‘‘(G) In this paragraph:

9 ‘‘(i) The term ‘group practice’ has the meaning

10 given such term in section 1877(h)(4) of the Social

11 Security Act.

12 ‘‘(ii) The term ‘physician’ has the meaning

13 given such term in section 1861(r) of the Social Se14 curity Act.

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

16 the enactment of the Methamphetamine Anti-Proliferation

17 Act of 1999, and remains in effect thereafter except as

18 provided in clause (iii) (relating to a decision by the Sec19 retary or the Attorney General that this paragraph should

20 not remain in effect).

21 ‘‘(ii) For the purposes relating to clause (iii), the Sec22 retary and the Attorney General shall, during the 3-year

23 period beginning on the date of the enactment of the

24 Methamphetamine Anti-Proliferation Act of 1999, make

25 determinations in accordance with the following:
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1 ‘‘(I)(aa) The Secretary shall—

2 ‘‘(aaa) make a determination of whether

3 treatments provided under waivers under sub4 paragraph (A) have been effective forms of

5 maintenance treatment and detoxification treat6 ment in clinical settings;

7 ‘‘(bbb) make a determination regarding

8 whether such waivers have significantly in9 creased (relative to the beginning of such pe10 riod) the availability of maintenance treatment

11 and detoxification treatment; and

12 ‘‘(ccc) make a determination regarding

13 whether such waivers have adverse con14 sequences for the public health.

15 ‘‘(bb) In making determinations under this sub16 clause, the Secretary—

17 ‘‘(aaa) may collect data from the practi18 tioners for whom waivers under subparagraph

19 (A) are in effect;

20 ‘‘(bbb) shall issue appropriate guidelines or

21 regulations (in accordance with procedures for

22 substantive rules under section 553 of title 5,

23 United States Code) specifying the scope of the

24 data that will be required to be provided under
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1 this subclause and the means through which the

2 data will be collected; and

3 ‘‘(ccc) shall, with respect to collecting such

4 data, comply with applicable provisions of chap5 ter 6 of title 5, United States Code (relating to

6 a regulatory flexibility analysis), and of chapter

7 8 of such title (relating to congressional review

8 of agency rulemaking).

9 ‘‘(II) The Attorney General shall—

10 ‘‘(aa) make a determination of the extent

11 to which there have been violations of the nu12 merical limitations established under subpara13 graph (B) for the number of individuals to

14 whom a practitioner may provide treatment;

15 and

16 ‘‘(bb) make a determination regarding

17 whether waivers under subparagraph (A) have

18 increased (relative to the beginning of such pe19 riod) the extent to which narcotic drugs in

20 schedule III, IV, or V, or combinations of such

21 drugs, are being dispensed or prescribed, or

22 possessed, in violation of this Act.

23 ‘‘(iii) If, before the expiration of the period specified

24 in clause (ii), the Secretary or the Attorney General pub25 lishes in the Federal Register a decision, made on the
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1 basis of determinations under such clause, that this para2 graph should not remain in effect, this paragraph ceases

3 to be in effect 60 days after the date on which the decision

4 is so published. The Secretary shall, in making any such

5 decision, consult with the Attorney General, and shall, in

6 publishing the decision in the Federal Register, include

7 any comments received from the Attorney General for in8 clusion in the publication. The Attorney General shall, in

9 making any such decision, consult with the Secretary, and

10 shall, in publishing the decision in the Federal Register,

11 include any comments received from the Secretary for in12 clusion in the publication.

13 ‘‘(I) During the 3-year period beginning on the date

14 of the enactment of the Methamphetamine Anti-Prolifera15 tion Act of 1999, a State may not preclude a practitioner

16 from dispensing or prescribing narcotic drugs in schedule

17 III, IV, or V, or combinations of such drugs, to patients

18 for maintenance or detoxification treatment in accordance

19 with this paragraph, or the other amendments made by

20 section 22 of that Act, unless, before the expiration of that

21 3-year period, the State enacts a law prohibiting a practi22 tioner from dispensing or prescribing such drugs or com23 bination of drugs.’’.

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

25 Controlled Substances Act (21 U.S.C. 824) is amended—
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1 (1) in subsection (a), in the matter following

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

3 place the term appears and inserting ‘‘section

4 303(g)(1)’’; and

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

6 303(g)’’ and inserting ‘‘section 303(g)(1)’’.

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

8 hereby authorized to be appropriated for purposes of ac9 tivities under section 303(g)(2) of the Controlled Sub10 stances Act, as added by subsection (a), amounts as fol11 lows:

12 (1) For fiscal year 2000, $3,000,000.

13 (2) For each fiscal year after fiscal year 2000,

14 such sums as may be necessary for such fiscal year.

15 TITLE III—MISCELLANEOUS

16 SEC. 301. NOTICE; CLARIFICATION.

17 (a) NOTICE OF ISSUANCE.—Section 3103a of title

18 18, United States Code, is amended by adding at the end

19 the following new sentence: ‘‘With respect to any issuance

20 under this section or any other provision of law (including

21 section 3117 and any rule), any notice required, or that

22 may be required, to be given may be delayed pursuant to

23 the standards, terms, and conditions set forth in section

24 2705, unless otherwise expressly provided by statute.’’.
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1 (b) CLARIFICATION.—(1) Section 2(e) of Public Law

2 95–78 (91 Stat. 320) is amended by adding at the end

3 the following:

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

5 is amended by inserting ‘tangible’ before ‘property’ each

6 place it occurs.’’.

7 (2) The amendment made by paragraph (1) shall

8 take effect on the date of the enactment of this Act.

9 SEC. 302. ANTIDRUG MESSAGES ON FEDERAL GOVERN10 MENT INTERNET WEBSITES.

11 Not later than 90 days after the date of the enact12 ment of this Act, the head of each department, agency,

13 and establishment of the Federal Government shall, in

14 consultation with the Director of the Office of National

15 Drug Control Policy, place antidrug messages on appro16 priate Internet websites controlled by such department,

17 agency, or establishment which messages shall, where ap18 propriate, contain an electronic hyperlink to the Internet

19 website, if any, of the Office.

20 SEC. 303. SEVERABILITY.

21 Any provision of this Act held to be invalid or unen22 forceable by its terms, or as applied to any person or cir23 cumstance, shall be construed as to give the maximum ef24 fect permitted by law, unless such provision is held to be

25 utterly invalid or unenforceable, in which event such provi-
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1 sion shall be severed from this Act and shall not affect

2 the applicability of the remainder of this Act, or of such

3 provision, to other persons not similarly situated or to

4 other, dissimilar circumstances.

Passed the Senate November 19, 1999.

Attest: GARY SISCO,

Secretary.