II

106TH CONGRESS

1ST SESSION S. 1428

To amend the Controlled Substances Act and the Controlled Substances

Import and Export Act relating to the manufacture, traffick, import,

and export of amphetamine and methamphetamine, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 22, 1999

Mr. HATCH (for himself, Mrs. FEINSTEIN, Mr. DEWINE, Mr. BIDEN, Mr.

THURMOND, Mr. BOND, Mr. SMITH of Oregon, Mr. HELMS, Mr. REID,

and Mr. BRYAN) introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To amend the Controlled Substances Act and the Controlled

Substances Import and Export Act relating to the manufacture, traffick, import, and export of amphetamine and

methamphetamine, 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.

4 This Act may be cited as the ‘‘Methamphetamine

5 Anti-Proliferation Act of 1999’’.
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1 SEC. 2. MANUFACTURING AND DISTRIBUTION OF AMPHET2 AMINE.

3 (a) MANUFACTURE OR DISTRIBUTION OF SUBSTAN4 TIAL QUANTITIES OF AMPHETAMINE.—Subparagraph (A)

5 of section 401(b)(1) of the Controlled Substances Act (21

6 U.S.C. 841(b)(1)) is amended—

7 (1) by striking ‘‘or’’ at the end of clause (vii);

8 (2) by adding ‘‘or’’ at the end of clause (viii);

9 and

10 (3) by inserting after clause (viii) the following

11 new clause:

12 ‘‘(ix) 50 grams or more of amphetamine, its

13 salts, optical isomers, and salts of its optical isomers

14 or 500 grams or more of a mixture or substance

15 containing a detectable amount of amphetamine, its

16 salts, optical isomers, or salts of its optical iso17 mers;’’.

18 (b) MANUFACTURE OR DISTRIBUTION OF LESSER

19 QUANTITIES OF AMPHETAMINE.—Subparagraph (B) of

20 such section 401(b)(1) is amended—

21 (1) by striking ‘‘or’’ at the end of clause (vii);

22 (2) by adding ‘‘or’’ at the end of clause (viii);

23 and

24 (3) by inserting after clause (viii) the following

25 new clause:
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1 ‘‘(ix) 5 grams or more of amphetamine, its

2 salts, optical isomers, and salts of its optical isomers

3 or 50 grams or more of a mixture or substance con4 taining a detectable amount of amphetamine, its

5 salts, optical isomers, or salts of its optical iso6 mers;’’.

7 SEC. 3. IMPORT AND EXPORT OF AMPHETAMINE.

8 (a) IMPORT OR EXPORT OF SUBSTANTIAL QUAN9 TITIES OF AMPHETAMINE.—Paragraph (1) of section

10 1010(b) of the Controlled Substances Import and Export

11 Act (21 U.S.C. 960(b)) is amended—

12 (1) by striking ‘‘or’’ at the end of subparagraph

13 (G);

14 (2) by striking the period at the end of sub15 paragraph (H) and inserting ‘‘; or’’; and

16 (3) by inserting after subparagraph (H) the fol17 lowing new subparagraph:

18 ‘‘(I) 50 grams or more of amphetamine, its

19 salts, optical isomers, and salts of its optical isomers

20 or 500 grams or more of a mixture or substance

21 containing a detectable amount of amphetamine, its

22 salts, optical isomers, or salts of its optical iso23 mers;’’.
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1 (b) IMPORT OR EXPORT OF LESSER QUANTITIES OF

2 AMPHETAMINE.—Paragraph (2) of such section 1010(b)

3 is amended—

4 (1) by striking ‘‘or’’ at the end of subparagraph

5 (G);

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

8 (3) by inserting after subparagraph (H) the fol9 lowing new subparagraph:

10 ‘‘(I) 5 grams or more of amphetamine, its salts,

11 optical isomers, and salts of its optical isomers or 50

12 grams or more of a mixture or substance containing

13 a detectable amount of amphetamine, its salts, opti14 cal isomers, or salts of its optical isomers;’’.

15 SEC. 4. ENHANCED PUNISHMENT OF METHAMPHETAMINE

16 AND AMPHETAMINE LABORATORY OPERA17 TORS.

18 (a) FEDERAL SENTENCING GUIDELINES.—

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

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

21 the United States Sentencing Commission shall

22 amend the Federal sentencing guidelines in accord23 ance with paragraph (2) with respect to any offense

24 relating to the manufacture, import, export, or

25 traffick in amphetamine or methamphetamine (in-
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1 cluding an attempt or conspiracy to do any of the

2 foregoing) in violation of—

3 (A) the Controlled Substances Act (21

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

5 (B) the Controlled Substances Import and

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

7 (C) the Maritime Drug Law Enforcement

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

9 (2) REQUIREMENTS.—In carrying out this sub10 section, the United States Sentencing Commission

11 shall, with respect to each offense described in para12 graph (1)—

13 (A) increase the base offense level for the

14 offense so that the base offense level is the

15 same as the base offense level applicable to an

16 identical amount of methamphetamine; or

17 (B) if the offense created a substantial risk

18 of danger to the health and safety of a minor

19 or incompetent, increase the base offense level

20 for the offense by not less than 6 offense levels

21 above the level established under subparagraph

22 (A).

23 (3) EMERGENCY AUTHORITY TO SENTENCING

24 COMMISSION.—The United States Sentencing Com25 mission shall promulgate amendments pursuant to
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1 this subsection as soon as practicable after the date

2 of the enactment of this Act in accordance with the

3 procedure set forth in section 21(a) of the Sen4 tencing Act of 1987 (Public Law 100–182), as

5 though the authority under that Act had not ex6 pired.

7 (b) EFFECTIVE DATE.—The amendments made pur8 suant to this section shall apply with respect to any of9 fense occurring on or after the date that is 60 days after

10 the date of the enactment of this Act.

11 SEC. 5. ADVERTISEMENTS FOR DRUG PARAPHERNALIA

12 AND SCHEDULE I CONTROLLED SUBSTANCES.

13 (a) DRUG PARAPHERNALIA.—Section 422 of the

14 Controlled Substances Act (21 U.S.C. 863) is amended—

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

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

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

18 ‘‘(g) In this section, the term ‘directly or indirectly

19 advertise for sale’ includes the use of any communication

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

21 publicize, transmit, publish, link to, broadcast, or other22 wise advertise any matter (including a telephone number

23 or electronic or mail address) knowing that such matter

24 has the purpose of seeking or offering, or is designed to
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1 be used, to receive, buy, distribute, or otherwise facilitate

2 a transaction in.’’.

3 (b) SCHEDULE I CONTROLLED SUBSTANCES.—Sec4 tion 403(c) of such Act (21 U.S.C. 843(c)) is amended—

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

6 period the following: ‘‘, or to directly or indirectly

7 advertise for sale (as that term is defined in section

8 422(g)) any Schedule I controlled substance’’; and

9 (2) in the second sentence, by striking ‘‘term

10 ‘advertisement’ ’’ and inserting ‘‘term ‘written adver11 tisement’ ’’.

12 SEC. 6. CONTINUING CRIMINAL ENTERPRISES.

13 Section 408 of the Controlled Substances Act (21

14 U.S.C. 848) is amended—

15 (1) in subsection (c)(2)—

16 (A) in the matter preceding subparagraph

17 (A), by striking ‘‘violations of’’ and inserting ‘‘3

18 or more acts made punishable by’’; and

19 (B) in subparagraph (A), by striking ‘‘are’’

20 and inserting ‘‘series is’’; and

21 (2) by inserting after subsection (e) the fol22 lowing new subsection:

23 ‘‘(f) This section may not be construed to require,

24 in any trial before a jury, unanimity as to the identities

25 of—
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1 ‘‘(1) the predicate acts specified in subsection

2 (c)(2); or

3 ‘‘(2) the other persons specified in subsection

4 (c)(2)(A).’’.

5 SEC. 7. MANDATORY RESTITUTION FOR VIOLATIONS OF

6 CONTROLLED SUBSTANCES ACT AND CON7 TROLLED SUBSTANCES IMPORT AND EXPORT

8 ACT RELATING TO AMPHETAMINE AND

9 METHAMPHETAMINE.

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

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

12 amended—

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

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

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

16 ‘‘methamphetamine’’ each place it appears; and

17 (3) in paragraph (2)—

18 (A) by inserting ‘‘, the State or local gov19 ernment concerned, or both the United States

20 and the State or local government concerned’’

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

22 and

23 (B) by inserting ‘‘or the State or local gov24 ernment concerned, as the case may be,’’ after

25 ‘‘United States’’ the second place it appears.
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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 SEC. 8. ENDANGERING HUMAN LIFE OR THE ENVIRON19 MENT WHILE ILLEGALLY MANUFACTURING

20 CONTROLLED SUBSTANCES.

21 (a) HARM TO THE ENVIRONMENT.—(1) Section 417

22 of the Controlled Substances Act (21 U.S.C. 858) is

23 amended by inserting ‘‘or the environment’’ after ‘‘to

24 human life’’.
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1 (2) The table of contents for that Act is amended

2 in the item relating to section 417 by inserting ‘‘or the

3 environment’’ after ‘‘to human life’’.

4 (b) ENHANCED PENALTY FOR ESTABLISHMENT OF

5 MANUFACTURING OPERATION.—That section is further

6 amended—

7 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;

8 (2) in subsection (a), as so designated—

9 (A) by inserting ‘‘or violating section 416,’’

10 after ‘‘to do so,’’ the first place it appears; and

11 (B) by striking ‘‘shall be fined’’ and all

12 that follows and inserting ‘‘shall be imprisoned

13 not less than 10 years nor more than 40 years,

14 and, in addition, may be fined in accordance

15 with title 18, United States Code.’’; and

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

17 ‘‘(b) Any penalty under subsection (a) for a violation

18 that is also a violation of section 416 shall be in addition

19 to any penalty under section 416 for such violation.’’.

20 (c) NATURE OF PARTICULAR CONDUCT.—That sec21 tion is further amended by adding at the end the following:

22 ‘‘(c) In any case where the conduct at issue is, relates

23 to, or involves the manufacture of amphetamine or meth24 amphetamine, such conduct shall, by itself, be rebuttably

25 presumed to constitute the creation of a substantial risk
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1 of harm to human life or the environment within the

2 meaning of subsection (a).’’.

3 SEC. 9. CRIMINAL PROHIBITION ON DISTRIBUTION OF CER4 TAIN INFORMATION RELATING TO THE MAN5 UFACTURE OF CONTROLLED SUBSTANCES.

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

7 Code, is amended by inserting after chapter 21 the fol8 lowing new chapter:

9 ‘‘CHAPTER 22—CONTROLLED

10 SUBSTANCES

‘‘Sec.

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

11 ‘‘§ 421. Distribution of information relating to manu12 facture of controlled substances

13 ‘‘(a) PROHIBITION ON DISTRIBUTION OF INFORMA14 TION RELATING TO MANUFACTURE OF CONTROLLED

15 SUBSTANCES.—

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

17 this subsection, the term ‘controlled substance’ has

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

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

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

21 any person—

22 ‘‘(A) to teach or demonstrate the manufac23 ture of a controlled substance, or to distribute

24 by any means information pertaining to, in
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1 whole or in part, the manufacture or use of a

2 controlled substance, with the intent that the

3 teaching, demonstration, or information be used

4 for, or in furtherance of, an activity that con5 stitutes a Federal crime; or

6 ‘‘(B) to teach or demonstrate to any per7 son the manufacture of a controlled substance,

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

9 information pertaining to, in whole or in part,

10 the manufacture or use of a controlled sub11 stance, knowing that such person intends to use

12 the teaching, demonstration, or information for,

13 or in furtherance of, an activity that constitutes

14 a Federal crime.

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

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

17 than 10 years, or both.’’.

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

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

20 is amended by inserting after the item relating to chapter

21 21 the following new item:

‘‘22. Controlled Substances ............................................................ 421’’.

22 SEC. 10. NOTICE; CLARIFICATION.

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

24 18, United States Code, is amended by adding at the end

25 the following new sentence: ‘‘With respect to any issuance
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1 under this section or any other provision of law (including

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

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

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

5 2705, unless otherwise expressly provided by statute.’’.

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

7 95–78 (91 Stat. 320) is amended by adding at the end

8 the following:

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

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

11 place it occurs.’’.

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

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

14 SEC. 11. TRAINING FOR DRUG ENFORCEMENT ADMINIS15 TRATION AND STATE AND LOCAL LAW EN16 FORCEMENT PERSONNEL RELATING TO

17 CLANDESTINE LABORATORIES.

18 (a) IN GENERAL.—

19 (1) REQUIREMENT.—The Administrator of the

20 Drug Enforcement Administration shall carry out

21 the programs described in subsection (b).

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

23 under that subsection may not exceed 3 years.

24 (b) COVERED PROGRAMS.—The programs described

25 in this subsection are as follows:
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1 (1) ADVANCED MOBILE CLANDESTINE LABORA2 TORY TRAINING TEAMS.—A program of advanced

3 mobile clandestine laboratory training teams, which

4 shall provide information and training to State and

5 local law enforcement personnel in techniques uti6 lized in conducting undercover investigations and

7 conspiracy cases, and other information designed to

8 assist in the investigation of the illegal manufac9 turing and trafficking of amphetamine and meth10 amphetamine.

11 (2) BASIC CLANDESTINE LABORATORY CERTIFI12 CATION TRAINING.—A program of basic clandestine

13 laboratory certification training, which shall provide

14 information and training—

15 (A) to Drug Enforcement Administration

16 personnel and State and local law enforcement

17 personnel for purposes of enabling such per18 sonnel to meet any certification requirements

19 under law with respect to the handling of

20 wastes created by illegal amphetamine and

21 methamphetamine laboratories; and

22 (B) to State and local law enforcement

23 personnel for purposes of enabling such per24 sonnel to provide the information and training
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1 covered by subparagraph (A) to other State and

2 local law enforcement personnel.

3 (3) CLANDESTINE LABORATORY RECERTIFI4 CATION AND AWARENESS TRAINING.—A program of

5 clandestine laboratory recertification and awareness

6 training, which shall provide information and train7 ing to State and local law enforcement personnel for

8 purposes of enabling such personnel to provide recer9 tification and awareness training relating to clandes10 tine laboratories to additional State and local law

11 enforcement personnel.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated for each of fiscal years

14 2000, 2001, and 2002 amounts as follows:

15 (1) $1,500,000 to carry out the program de16 scribed in subsection (b)(1).

17 (2) $3,000,000 to carry out the program de18 scribed in subsection (b)(2).

19 (3) $1,000,000 to carry out the program de20 scribed in subsection (b)(3).

21 SEC. 12. COMBATTING METHAMPHETAMINE AND AMPHET22 AMINE IN HIGH INTENSITY DRUG TRAF23 FICKING AREAS.

24 (a) IN GENERAL.—
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1 (1) IN GENERAL.—The Director of National

2 Drug Control Policy shall use amounts available

3 under this section to combat the trafficking of meth4 amphetamine and amphetamine in areas designated

5 by the Director as high intensity drug trafficking

6 areas.

7 (2) ACTIVITIES.—In meeting the requirement

8 in paragraph (1), the Director shall—

9 (A) employ additional Federal law enforce10 ment personnel, or facilitate the employment of

11 additional State and local law enforcement per12 sonnel, including agents, investigators, prosecu13 tors, laboratory technicians, and chemists; and

14 (B) carry out such other activities as the

15 Director considers appropriate.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section—

18 (1) $5,000,000 for fiscal year 2000; and

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

20 fiscal years 2001 through 2004.

21 (c) APPORTIONMENT OF FUNDS.—

22 (1) FACTORS IN APPORTIONMENT.—The Direc23 tor shall apportion amounts appropriated for a fiscal

24 year pursuant to the authorization of appropriations

25 in subsection (b) for activities under subsection (a)
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1 among and within areas designated by the Director

2 as high intensity drug trafficking areas based on the

3 following factors:

4 (A) The number of methamphetamine

5 manufacturing facilities and amphetamine man6 ufacturing facilities discovered by Federal,

7 State, or local law enforcement officials in the

8 previous fiscal year.

9 (B) The number of methamphetamine

10 prosecutions and amphetamine prosecutions in

11 Federal, State, or local courts in the previous

12 fiscal year.

13 (C) The number of methamphetamine ar14 rests and amphetamine arrests by Federal,

15 State, or local law enforcement officials in the

16 previous fiscal year.

17 (D) The amounts of methamphetamine,

18 amphetamine, or listed chemicals (as that term

19 is defined in section 102(33) of the Controlled

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

21 Federal, State, or local law enforcement offi22 cials in the previous fiscal year.

23 (E) Intelligence data from the Drug En24 forcement Administration showing trafficking

25 and transportation patterns in methamphet-
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1 amine, amphetamine, and listed chemicals (as

2 that term is so defined).

3 (2) CERTIFICATION.—Before the Director ap4 portions any funds under this subsection to a high

5 intensity drug trafficking area, the Director shall

6 certify that the law enforcement entities responsible

7 for clandestine methamphetamine and amphetamine

8 laboratory seizures in that area are providing labora9 tory seizure data to the national clandestine labora10 tory database at the El Paso Intelligence Center.

11 (d) LIMITATION ON ADMINISTRATIVE COSTS.—Not

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

13 year pursuant to the authorization of appropriations for

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

15 fiscal year for administrative costs associated with activi16 ties under subsection (a).

17 SEC. 13. COMBATING AMPHETAMINE AND METHAMPHET18 AMINE MANUFACTURING AND TRAFFICKING.

19 (a) ACTIVITIES.—In order to combat the illegal man20 ufacturing and trafficking in amphetamine and meth21 amphetamine, the Administrator of the Drug Enforcement

22 Administration may—

23 (1) assist State and local law enforcement in

24 small and mid-sized communities in all phases of in-
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1 vestigations related to such manufacturing and traf2 ficking;

3 (2) staff additional regional enforcement and

4 mobile enforcement teams related to such manufac5 turing and trafficking;

6 (3) establish additional resident offices and

7 posts of duty to assist State and local law enforce8 ment in rural areas in combating such manufac9 turing and trafficking;

10 (4) provide the Special Operations Division of

11 the Administration with additional agents and staff

12 to collect, evaluate, interpret, and disseminate crit13 ical intelligence targeting the command and control

14 operations of major amphetamine and methamphet15 amine manufacturing and trafficking organizations;

16 and

17 (5) carry out such other activities as the Ad18 ministrator considers appropriate.

19 (b) ADDITIONAL POSITIONS AND PERSONNEL.—In

20 carrying out activities under subsection (a), the Adminis21 trator may establish in the Administration not more than

22 50 full-time positions, including not more than 31 special23 agent positions, and may appoint personnel to such posi24 tions.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated for the Drug Enforce3 ment Administration for each fiscal year after fiscal year

4 1999, $6,500,000 for purposes of carrying out the activi5 ties authorized by subsection (a) and employing personnel

6 in positions established under subsection (b).

7 SEC. 14. ENVIRONMENTAL HAZARDS ASSOCIATED WITH IL8 LEGAL MANUFACTURE OF AMPHETAMINE

9 AND METHAMPHETAMINE.

10 (a) USE OF AMOUNTS OR DEPARTMENT OF JUSTICE

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

12 title 28, United States Code, is amended—

13 (1) by inserting ‘‘(i) for’’ before ‘‘disburse14 ments’’;

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

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

17 ‘‘(ii) for payment for—

18 ‘‘(I) costs incurred by or on be19 half of the Drug Enforcement Admin20 istration in connection with the re21 moval of any hazardous substance or

22 pollutant or contaminant associated

23 with the illegal manufacture of am24 phetamine or methamphetamine; and
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1 ‘‘(II) costs incurred by or on behalf of

2 a State or local government in connection

3 with such removal in any case in which

4 such State or local government has as5 sisted in a Federal prosecution relating to

6 amphetamine or methamphetamine;’’.

7 (b) GRANTS UNDER DRUG CONTROL AND SYSTEM

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

9 the Omnibus Crime Control and Safe Streets Act of 1968

10 is amended by inserting before the semicolon the following:

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

12 contaminant associated with the illegal manufacture of

13 amphetamine or methamphetamine’’.

14 (c) AMOUNTS SUPPLEMENT AND NOT SUPPLANT.—

15 (1) ASSETS FORFEITURE FUND.—Any amounts

16 made available from the Department of Justice As17 sets Forfeiture Fund in a fiscal year by reason of

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

20 available to the Drug Enforcement Administration

21 in such fiscal year for payment of costs described in

22 section 524(c)(1)(E)(ii) of title 28, United States

23 Code, as so amended.

24 (2) GRANT PROGRAM.—Any amounts made

25 available in a fiscal year under the grant program
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1 under section 501(b)(3) of the Omnibus Crime Con2 trol and Safe Streets Act of 1968 for the removal

3 of hazardous substances or pollutants or contami4 nants associated with the illegal manufacture of am5 phetamine or methamphetamine by reason of the

6 amendment made by subsection (b) shall supple7 ment, and not supplant, any other amounts made

8 available in such fiscal year for such removal.

9 SEC. 15. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT

10 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. 16. MAIL ORDER REQUIREMENTS.

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

22 (21 U.S.C. 830(b)(3)) is amended—

23 (1) by redesignating subparagraphs (A) and

24 (B) as subparagraphs (B) and (C), respectively;
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1 (2) by inserting before subparagraph (B), as so

2 redesignated, the following new subparagraph (A):

3 ‘‘(A) As used in this paragraph:

4 ‘‘(i) The term ‘drug product’ means

5 an active ingredient in dosage form that

6 has been approved or otherwise may be

7 lawfully marketed under the Food, Drug,

8 and Cosmetic Act for distribution in the

9 United States.

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

11 means a prescription which is issued for a

12 legitimate medical purpose by an individual

13 practitioner licensed by law to administer

14 and prescribe the drugs concerned and act15 ing in the usual course of the practitioner’s

16 professional practice.’’;

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

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

19 after ‘‘nonregulated person’’; and

20 (4) adding at the end the following:

21 ‘‘(D) Except as provided in subparagraph

22 (E), the following distributions to a nonregu23 lated person, and the following export trans24 actions, shall not be subject to the reporting re25 quirement in subparagraph (B):
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1 ‘‘(i) Distributions of sample packages

2 of drug products when such packages con3 tain not more than 2 solid dosage units or

4 the equivalent of 2 dosage units in liquid

5 form, not to exceed 10 milliliters of liquid

6 per package, and not more than one pack7 age is distributed to an individual or resi8 dential address in any 30-day period.

9 ‘‘(ii) Distributions of drug products by

10 retail distributors to the extent that such

11 distributions are consistent with the activi12 ties authorized for a retail distributor as

13 specified in section 102(46).

14 ‘‘(iii) Distributions of drug products

15 to a resident of a long term care facility

16 (as that term is defined in regulations pre17 scribed by the Attorney General) or dis18 tributions of drug products to a long term

19 care facility for dispensing to or for use by

20 a resident of that facility.

21 ‘‘(iv) Distributions of drug products

22 pursuant to a valid prescription.

23 ‘‘(v) Exports which have been re24 ported to the Attorney General pursuant to

25 section 1004 or 1018 or which are subject
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1 to a waiver granted under section

2 1018(e)(2).

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

4 distribution or any quantity, method, or

5 type of distribution of a specific listed

6 chemical (including specific formulations or

7 drug products) or of a group of listed

8 chemicals (including specific formulations

9 or drug products) which the Attorney Gen10 eral has excluded by regulation from such

11 reporting requirement on the basis that

12 such reporting is not necessary for the en13 forcement of this title or title III.

14 ‘‘(E) The Attorney General may revoke

15 any or all of the exemptions listed in subpara16 graph (D) for an individual regulated person if

17 he finds that drug products distributed by the

18 regulated person are being used in violation of

19 this title or title III. The regulated person shall

20 be notified of the revocation, which will be ef21 fective upon receipt by the person of such no22 tice, as provided in section 1018(c)(1), and

23 shall have the right to an expedited hearing as

24 provided in section 1018(c)(2).’’.

Æ