Union Calendar No. 529
106TH CONGRESS
2D SESSION
H. R. 2987
[Report No. 106–878, Part I]
To provide for the punishment of methamphetamine laboratory operators,
provide additional resources to combat methamphetamine production,
trafficking, and abuse in the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 30, 1999
Mr. CANNON (for himself, Mr. HUTCHINSON, Mr. ROGAN, Mr. MCCOLLUM,
Mr. SESSIONS, Mr. PICKERING, Ms. LOFGREN, Mr. BERMAN, Mr. CAN-
ADY of Florida, Mr. GIBBONS, Mr. CALVERT, Mr. GALLEGLY, and Mr.
SALMON) introduced the following bill; which was referred to the Com-
mittee 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
SEPTEMBER 21, 2000
Additional sponsors: Mr. TALENT, Mr. NETHERCUTT, Mr. MORAN of Kansas,
Mr. FORBES, Mr. SIMPSON, Mr. OSE, Mr. HERGER, Mr. KUYKENDALL,
Mrs. BONO, Mr. WALDEN of Oregon, Mr. BUYER, Mr. BAIRD, Mr.
WHITFIELD, Mr. TERRY, and Mrs. EMERSON
SEPTEMBER 21, 2000
Reported from the Committee on the Judiciary with amendments
[Strike out all after the enacting clause and insert the part printed in italic]
SEPTEMBER 21, 2000
Referral to the Committee on Commerce extended until September 21, 2000
SEPTEMBER 21, 2000
The Committee on Commerce discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on September 30, 1999]
A BILL
To provide for the punishment of methamphetamine labora-
tory operators, provide additional resources to combat
methamphetamine production, trafficking, and abuse in
the United States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Methamphetamine and Club Drug Anti-Proliferation Act
of 2000’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—METHAMPHETAMINE PRODUCTION, TRAFFICKING, AND
ABUSE
Subtitle A—Criminal Penalties
Sec. 101. Enhanced punishment of amphetamine laboratory operators.
Sec. 102. Enhanced punishment of amphetamine or methamphetamine laboratory
operators.
Sec. 103. Mandatory restitution for violations of controlled substances act and
controlled substances import and export act relating to amphet-
amine and methamphetamine.
Sec. 104. Methamphetamine paraphernalia.
Subtitle B—Enhanced Law Enforcement
Sec. 111. Environmental hazards associated with illegal manufacture of amphet-
amine and methamphetamine.
Sec. 112. Reduction in retail sales transaction threshold for non-safe harbor prod-
ucts containing pseudoephedrine or phenylpropanolamine.
Sec. 113. Training for drug enforcement administration and State and local law
enforcement personnel relating to clandestine laboratories.
Sec. 114. Combatting methamphetamine and amphetamine in high intensity drug
trafficking areas.
Sec. 115. Combating amphetamine and methamphetamine manufacturing and
trafficking.
Subtitle C—Abuse Prevention and Treatment
Sec. 121. Expansion of methamphetamine research.
Sec. 122. Methamphetamine and amphetamine treatment initiative by center for
substance abuse treatment.
Sec. 123. Expansion of methamphetamine abuse prevention efforts.
Sec. 124. Study of methamphetamine treatment.
Subtitle D—Reports
Sec. 131. Reports on consumption of methamphetamine and other illicit drugs in
rural areas, metropolitan areas, and consolidated metropolitan
areas.
Sec. 132. Report on diversion of ordinary, over-the-counter pseudoephedrine and
phenylpropanolamine products.
TITLE II—CONTROLLED SUBSTANCES GENERALLY
Subtitle A—Criminal Matters
Sec. 201. Enhanced punishment for trafficking in list I chemicals.
Sec. 202. Mail order requirements.
Sec. 203. Theft and transportation of anhydrous ammonia for purposes of illicit
production of controlled substances.
Subtitle B—Other Matters
Sec. 211. Waiver authority for physicians who dispense or prescribe certain nar-
cotic drugs for maintenance treatment or detoxification treat-
ment.
TITLE III—MISCELLANEOUS
Sec. 301. Antidrug messages on Federal government internet websites.
Sec. 302. Severability.
TITLE IV—CLUB DRUG ANTI-PROLIFERATION
Sec. 401. Enhanced punishment of club drug traffickers.
Sec. 402. Enhanced punishment of ghb traffickers.
Sec. 403. Emergency authority to sentencing commission.
Sec. 404. Expansion of club drug abuse prevention efforts.
TITLE V—REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRA-
TION OF EXPENSES INCURRED TO REMEDIATE METHAMPHET-
AMINE LABORATORIES
Sec. 501. Reimbursement by drug enforcement administration of expenses in-
curred to remediate methamphetamine laboratories.
TITLE VI—FEDERAL DRUG COURTS
Sec. 601. Establishment.
Sec. 602. Rehabilitation program.
Sec. 603. Authorization of appropriations.
TITLE VII—STUDY OF THE EFFECT OF MANDATORY MINIMUM SEN-
TENCES FOR NONVIOLENT CONTROLLED SUBSTANCE OFFENSES
Sec. 701. Findings.
Sec. 702. Department of justice study.
TITLE VIII—RULE OF CONSTRUCTION
Sec. 801. Rule of construction.
TITLE 
I—METHAMPHETAMINE
PRODUCTION, 
TRAFFICKING,
AND ABUSE
Subtitle A—Criminal Penalties
SEC. 101. ENHANCED PUNISHMENT OF AMPHETAMINE LAB-
ORATORY OPERATORS.
(a) AMENDMENT TO FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing
Commission shall amend the Federal sentencing guidelines
in accordance with this section with respect to any offense
relating to the manufacture, importation, exportation, or
trafficking in amphetamine (including an attempt or con-
spiracy to do any of the foregoing) in violation of—
(1) the Controlled Substances Act (21 U.S.C. 801
et seq.);
(2) the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.); or
(3) the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.).
(b) GENERAL REQUIREMENT.—In carrying out this
section, the United States Sentencing Commission shall,
with respect to each offense described in subsection (a) relat-
ing to amphetamine—
(1) review and amend its guidelines to provide
for increased penalties such that those penalties are
comparable to the base offense level for methamphet-
amine; and
(2) take any other action the Commission con-
siders necessary to carry out this subsection.
(c) ADDITIONAL REQUIREMENTS.—In carrying out
this section, the United States Sentencing Commission shall
ensure that the sentencing guidelines for offenders convicted
of offenses described in subsection (a) reflect the heinous na-
ture of such offenses, the need for aggressive law enforcement
action to fight such offenses, and the extreme dangers associ-
ated with unlawful activity involving amphetamines,
including—
(1) the rapidly growing incidence of amphet-
amine abuse and the threat to public safety that such
abuse poses;
(2) the high risk of amphetamine addiction;
(3) the increased risk of violence associated with
amphetamine trafficking and abuse; and
(4) the recent increase in the illegal importation
of amphetamine and precursor chemicals.
(d) EMERGENCY AUTHORITY TO SENTENCING COMMIS-
SION.—The United States Sentencing Commission shall
promulgate amendments pursuant to this section as soon
as practicable after the date of the enactment of this Act
in accordance with the procedure set forth in section 21(a)
of the Sentencing Act of 1987 (Public Law 100–182), as
though the authority under that Act had not expired.
SEC. 102. ENHANCED PUNISHMENT OF AMPHETAMINE OR
METHAMPHETAMINE 
LABORATORY 
OPERA-
TORS.
(a) FEDERAL SENTENCING GUIDELINES.—
(1) IN
GENERAL.—Pursuant to its authority
under section 994(p) of title 28, United States Code,
the United States Sentencing Commission shall
amend the Federal sentencing guidelines in accord-
ance with paragraph (2) with respect to any offense
relating to the manufacture, attempt to manufacture,
or conspiracy to manufacture amphetamine or meth-
amphetamine in violation of—
(A) the Controlled Substances Act (21
U.S.C. 801 et seq.);
(B) the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.); or
(C) the Maritime Drug Law Enforcement
Act (46 U.S.C. App. 1901 et seq.).
(2) REQUIREMENTS.—In carrying out this para-
graph, the United States Sentencing Commission
shall increase the offense level—
(A) if the offense created a substantial risk
of harm to human life or the environment;
(B) if the offense created a substantial risk
of harm to the life of a minor or incompetent.
(3) EMERGENCY
AUTHORITY
TO
SENTENCING
COMMISSION.—The United States Sentencing Com-
mission shall promulgate amendments pursuant to
this subsection as soon as practicable after the date of
enactment of this Act in accordance with the proce-
dure set forth in section 21(a) of the Sentencing Act
of 1987 (Public Law 100–182), as though the author-
ity under that Act had not expired.
(b) EFFECTIVE DATE.—The amendments made pursu-
ant to this section shall apply with respect to any offense
occurring on or after the date that is 60 days after the date
of enactment of this Act.
SEC. 103. MANDATORY RESTITUTION FOR VIOLATIONS OF
CONTROLLED SUBSTANCES ACT AND CON-
TROLLED SUBSTANCES IMPORT AND EXPORT
ACT RELATING TO AMPHETAMINE AND METH-
AMPHETAMINE.
(a) MANDATORY RESTITUTION.—Section 413(q) of the
Controlled Substances Act (21 U.S.C. 853(q)) is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘may’’ and inserting ‘‘shall’’;
(2) by inserting ‘‘amphetamine or’’ before ‘‘meth-
amphetamine’’ each place it appears;
(3) in paragraph (2)—
(A) by inserting ‘‘, the State or local gov-
ernment concerned, or both the United States
and the State or local government concerned’’
after ‘‘United States’’ the first place it appears;
and
(B) by inserting ‘‘or the State or local gov-
ernment concerned, as the case may be,’’ after
‘‘United States’’ the second place it appears; and
(4) in paragraph (3), by striking ‘‘section 3663
of title 18, United States Code’’ and inserting ‘‘sec-
tion 3663A of title 18, United States Code’’.
(b) DEPOSIT OF AMOUNTS IN DEPARTMENT OF JUS-
TICE ASSETS FORFEITURE FUND.—Section 524(c)(4) of
title 28, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of subpara-
graph (C) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) all amounts collected—
‘‘(i) by the United States pursuant to a re-
imbursement order under paragraph (2) of sec-
tion 413(q) of the Controlled Substances Act (21
U.S.C. 853(q)); and
‘‘(ii) pursuant to a restitution order under
paragraph (1) or (3) of section 413(q) of the
Controlled Substances Act for injuries to the
United States.’’.
(c) CLARIFICATION OF CERTAIN ORDERS OF RESTITU-
TION.—Section 3663(c)(2)(B) of title 18, United States
Code, is amended by inserting ‘‘which may be’’ after ‘‘the
fine’’.
(d) EXPANSION
OF APPLICABILITY
OF MANDATORY
RESTITUTION.—Section 3663A(c)(1)(A)(ii) of title 18,
United States Code, is amended by inserting ‘‘or under sec-
tion 416(a) of the Controlled Substances Act (21 U.S.C.
856(a)),’’ after ‘‘under this title,’’.
(e) TREATMENT OF ILLICIT SUBSTANCE MANUFAC-
TURING OPERATIONS AS CRIMES AGAINST PROPERTY.—
Section 416 of the Controlled Substances Act (21 U.S.C.
856) is amended by adding at the end the following new
subsection:
‘‘(c) A violation of subsection (a) shall be considered
an offense against property for purposes of section
3663A(c)(1)(A)(ii) of title 18, United States Code.’’.
SEC. 104. METHAMPHETAMINE PARAPHERNALIA.
Section 422(d) of the Controlled Substances Act (21
U.S.C. 863(d)) is amended in the matter preceding para-
graph (1) by inserting ‘‘methamphetamine,’’ after ‘‘PCP,’’.
Subtitle B—Enhanced Law
Enforcement
SEC. 111. ENVIRONMENTAL HAZARDS ASSOCIATED WITH IL-
LEGAL 
MANUFACTURE 
OF 
AMPHETAMINE
AND METHAMPHETAMINE.
(a) USE OF AMOUNTS OR DEPARTMENT OF JUSTICE
ASSETS FORFEITURE FUND.—Section 524(c)(1)(E) of title
28, United States Code, is amended—
(1) by inserting ‘‘(i) for’’ before ‘‘disbursements’’;
(2) by inserting ‘‘and’’ after the semicolon; and
(3) by adding at the end the following:
‘‘(ii) for payment for—
‘‘(I) costs incurred by or on behalf of the
Department of Justice in connection with the re-
moval, for purposes of Federal forfeiture and dis-
position, of any hazardous substance or pollutant
or contaminant associated with the illegal manu-
facture of amphetamine or methamphetamine;
and
‘‘(II) costs incurred by or on behalf of a
State or local government in connection with
such removal in any case in which such State or
local government has assisted in a Federal pros-
ecution relating to amphetamine or methamphet-
amine, to the extent such costs exceed equitable
sharing payments made to such State or local
government in such case;’’.
(b) GRANTS UNDER DRUG CONTROL AND SYSTEM IM-
PROVEMENT GRANT PROGRAM.—Section 501(b)(3) of the
Omnibus Crime Control and Safe Streets Act of 1968 is
amended by inserting before the semicolon the following:
‘‘and to remove any hazardous substance or pollutant or
contaminant associated with the illegal manufacture of am-
phetamine or methamphetamine’’.
(c) AMOUNTS SUPPLEMENT AND NOT SUPPLANT.—
(1) ASSETS FORFEITURE FUND.—Any amounts
made available from the Department of Justice Assets
Forfeiture Fund in a fiscal year by reason of the
amendment made by subsection (a) shall supplement,
and not supplant, any other amounts made available
to the Department of Justice in such fiscal year from
other sources for payment of costs described in section
524(c)(1)(E)(ii) of title 28, United States Code, as so
amended.
(2) GRANT
PROGRAM.—Any amounts made
available in a fiscal year under the grant program
under section 501(b)(3) of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 for the removal of
hazardous substances or pollutants or contaminants
associated with the illegal manufacture of amphet-
amine or methamphetamine by reason of the amend-
ment made by subsection (b) shall supplement, and
not supplant, any other amounts made available in
such fiscal year from other sources for such removal.
SEC. 112. REDUCTION IN RETAIL SALES TRANSACTION
THRESHOLD FOR NON-SAFE HARBOR PROD-
UCTS CONTAINING PSEUDOEPHEDRINE OR
PHENYLPROPANOLAMINE.
(a) REDUCTION IN TRANSACTION THRESHOLD.—Sec-
tion 102(39)(A)(iv)(II) of the Controlled Substances Act (21
U.S.C. 802(39)(A)(iv)(II)) is amended—
(1) by striking ‘‘24 grams’’ both places it ap-
pears and inserting ‘‘9 grams’’; and
(2) by inserting before the semicolon at the end
the following: ‘‘and sold in package sizes of not more
than 3 grams of pseudoephedrine base or 3 grams of
phenylpropanolamine base’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect one year after the date of the
enactment of this Act.
SEC. 113. TRAINING FOR DRUG ENFORCEMENT ADMINIS-
TRATION AND STATE AND LOCAL LAW EN-
FORCEMENT 
PERSONNEL 
RELATING 
TO
CLANDESTINE LABORATORIES.
(a) IN GENERAL.—
(1) REQUIREMENT.—The Administrator of the
Drug Enforcement Administration shall carry out the
programs described in subsection (b) with respect to
the law enforcement personnel of States and localities
determined by the Administrator to have significant
levels of methamphetamine-related or amphetamine-
related crime or projected by the Administrator to
have the potential for such levels of crime in the fu-
ture.
(2) DURATION.—The duration of any program
under that subsection may not exceed 3 years.
(b) COVERED PROGRAMS.—The programs described in
this subsection are as follows:
(1) ADVANCED
MOBILE
CLANDESTINE
LABORA-
TORY TRAINING TEAMS.—A program of advanced mo-
bile clandestine laboratory training teams, which
shall provide information and training to State and
local law enforcement personnel in techniques utilized
in conducting undercover investigations and con-
spiracy cases, and other information designed to as-
sist in the investigation of the illegal manufacturing
and trafficking of amphetamine and methamphet-
amine.
(2) BASIC CLANDESTINE LABORATORY CERTIFI-
CATION TRAINING.—A program of basic clandestine
laboratory certification training, which shall provide
information and training—
(A) to Drug Enforcement Administration
personnel and State and local law enforcement
personnel for purposes of enabling such personnel
to meet any certification requirements under law
with respect to the handling of wastes created by
illegal amphetamine and methamphetamine lab-
oratories; and
(B) to State and local law enforcement per-
sonnel for purposes of enabling such personnel to
provide the information and training covered by
subparagraph (A) to other State and local law
enforcement personnel.
(3) 
CLANDESTINE
LABORATORY
RECERTIFI-
CATION AND AWARENESS TRAINING.—A program of
clandestine laboratory recertification and awareness
training, which shall provide information and train-
ing to State and local law enforcement personnel for
purposes of enabling such personnel to provide recer-
tification and awareness training relating to clandes-
tine laboratories to additional State and local law en-
forcement personnel.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated for each of fiscal years 2001,
2002, and 2003 amounts as follows:
(1) $1,500,000 to carry out the program de-
scribed in subsection (b)(1).
(2) $3,000,000 to carry out the program de-
scribed in subsection (b)(2).
(3) $1,000,000 to carry out the program de-
scribed in subsection (b)(3).
SEC. 114. COMBATTING METHAMPHETAMINE AND AMPHET-
AMINE IN HIGH INTENSITY DRUG TRAF-
FICKING AREAS.
(a) IN GENERAL.—
(1) IN
GENERAL.—The Director of National
Drug Control Policy shall use amounts available
under this section to combat the trafficking of meth-
amphetamine and amphetamine in areas designated
by the Director as high intensity drug trafficking
areas.
(2) ACTIVITIES.—In meeting the requirement in
paragraph (1), the Director shall transfer funds to
appropriate Federal, State, and local governmental
agencies for employing additional Federal law en-
forcement personnel, or facilitating the employment of
additional State and local law enforcement personnel,
including agents, investigators, prosecutors, labora-
tory technicians, chemists, investigative assistants,
and drug-prevention specialists.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section—
(1) $15,000,000 for fiscal year 2001; and
(2) such sums as may be necessary for each of
fiscal years 2001 through 2004.
(c) APPORTIONMENT OF FUNDS.—
(1) FACTORS IN APPORTIONMENT.—The Director
shall apportion amounts appropriated for a fiscal
year pursuant to the authorization of appropriations
in subsection (b) for activities under subsection (a)
among and within areas designated by the Director
as high intensity drug trafficking areas based on the
following factors:
(A) The number of methamphetamine man-
ufacturing facilities and amphetamine manufac-
turing facilities discovered by Federal, State, or
local law enforcement officials in the previous
fiscal year.
(B) The number of methamphetamine pros-
ecutions and amphetamine prosecutions in Fed-
eral, State, or local courts in the previous fiscal
year.
(C) The number of methamphetamine ar-
rests and amphetamine arrests by Federal, State,
or local law enforcement officials in the previous
fiscal year.
(D) The amounts of methamphetamine, am-
phetamine, or listed chemicals (as that term is
defined in section 102(33) of the Controlled Sub-
stances Act (21 U.S.C. 802(33)) seized by Fed-
eral, State, or local law enforcement officials in
the previous fiscal year.
(E) Intelligence and predictive data from
the Drug Enforcement Administration and the
Department of Health and Human Services
showing patterns and trends in abuse, traf-
ficking, and transportation in methamphet-
amine, amphetamine, and listed chemicals (as
that term is so defined).
(2) CERTIFICATION.—Before the Director appor-
tions any funds under this subsection to a high inten-
sity drug trafficking area, the Director shall certify
that the law enforcement entities responsible for clan-
destine methamphetamine and amphetamine labora-
tory seizures in that area are providing laboratory
seizure data to the national clandestine laboratory
database at the El Paso Intelligence Center.
(d) LIMITATION
ON ADMINISTRATIVE COSTS.—Not
more than 5 percent of the amount appropriated in a fiscal
year pursuant to the authorization of appropriations for
that fiscal year in subsection (b) may be available in that
fiscal year for administrative costs associated with activi-
ties under subsection (a).
SEC. 115. COMBATING AMPHETAMINE AND METHAMPHET-
AMINE MANUFACTURING AND TRAFFICKING.
(a) ACTIVITIES.—In order to combat the illegal manu-
facturing and trafficking in amphetamine and meth-
amphetamine, the Administrator of the Drug Enforcement
Administration may—
(1) assist State and local law enforcement in
small and mid-sized communities in all phases of in-
vestigations related to such manufacturing and traf-
ficking, including assistance with foreign-language
interpretation;
(2) staff additional regional enforcement and
mobile enforcement teams related to such manufac-
turing and trafficking;
(3) establish additional resident offices and posts
of duty to assist State and local law enforcement in
rural areas in combating such manufacturing and
trafficking;
(4) provide the Special Operations Division of
the Administration with additional agents and staff
to collect, evaluate, interpret, and disseminate critical
intelligence targeting the command and control oper-
ations of major amphetamine and methamphetamine
manufacturing and trafficking organizations;
(5) enhance the investigative and related func-
tions of the Chemical Control Program of the Admin-
istration to implement more fully the provisions of
the Comprehensive Methamphetamine Control Act of
1996 (Public Law 104–237);
(6) design an effective means of requiring an ac-
curate accounting of the import and export of list I
chemicals, and coordinate investigations relating to
the diversion of such chemicals;
(7) develop a computer infrastructure sufficient
to receive, process, analyze, and redistribute time-sen-
sitive enforcement information from suspicious order
reporting to field offices of the Administration and
other law enforcement and regulatory agencies, in-
cluding the continuing development of the Suspicious
Order Reporting and Tracking System (SORTS) and
the Chemical Transaction Database (CTRANS) of the
Administration;
(8) establish an education, training, and com-
munication process in order to alert the industry to
current trends and emerging patterns in the illegal
manufacturing of amphetamine and methamphet-
amine; and
(9) carry out such other activities as the Admin-
istrator considers appropriate.
(b) ADDITIONAL POSITIONS AND PERSONNEL.—
(1) IN
GENERAL.—In carrying out activities
under subsection (a), the Administrator may establish
in the Administration not more than 50 full-time po-
sitions, including not more than 31 special-agent po-
sitions, and may appoint personnel to such positions.
(2) PARTICULAR
POSITIONS.—In carrying out
activities under paragraphs (5) through (8) of sub-
section (a), the Administrator may establish in the
Administration not more than 15 full-time positions,
including not more than 10 diversion investigator po-
sitions, and may appoint personnel to such positions.
Any positions established under this paragraph are in
addition to any positions established under para-
graph (1).
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated for the Drug Enforcement
Administration for each fiscal year after fiscal year 1999,
$9,500,000 for purposes of carrying out the activities au-
thorized by subsection (a) and employing personnel in posi-
tions established under subsection (b), of which $3,000,000
shall be available for activities under paragraphs (5)
through (8) of subsection (a) and for employing personnel
in positions established under subsection (b)(2).
Subtitle C—Abuse Prevention and
Treatment
SEC. 121. EXPANSION OF METHAMPHETAMINE RESEARCH.
Section 464N of the Public Health Service Act (42
U.S.C. 285o–2) is amended by adding at the end the fol-
lowing:
‘‘(c) METHAMPHETAMINE RESEARCH.—
‘‘(1) GRANTS OR COOPERATIVE AGREEMENTS.—
The Director of the Institute may make grants or
enter into cooperative agreements to expand the cur-
rent and on-going interdisciplinary research and
clinical trials with treatment centers of the National
Drug Abuse Treatment Clinical Trials Network relat-
ing to methamphetamine abuse and addiction and
other biomedical, behavioral, and social issues related
to methamphetamine abuse and addiction.
‘‘(2) USE OF FUNDS.—Amounts made available
under a grant or cooperative agreement under para-
graph (1) for methamphetamine abuse and addiction
may be used for research and clinical trials relating
to—
‘‘(A) the effects of methamphetamine abuse
on the human body, including the brain;
‘‘(B) the addictive nature of methamphet-
amine and how such effects differ with respect to
different individuals;
‘‘(C) the connection between methamphet-
amine abuse and mental health;
‘‘(D) the identification and evaluation of
the most effective methods of prevention of meth-
amphetamine abuse and addiction;
‘‘(E) the identification and development of
the most effective methods of treatment of meth-
amphetamine 
addiction, 
including 
pharma-
cological treatments;
‘‘(F) risk factors for methamphetamine
abuse;
‘‘(G) effects of methamphetamine abuse and
addiction on pregnant women and their fetuses;
and
‘‘(H) cultural, social, behavioral, neuro-
logical and psychological reasons that individ-
uals abuse methamphetamine, or refrain from
abusing methamphetamine.
‘‘(3) RESEARCH RESULTS.—The Director shall
promptly disseminate research results under this sub-
section to Federal, State and local entities involved in
combating methamphetamine abuse and addiction.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to carry out paragraph (1), such sums as may
be necessary for each fiscal year.
‘‘(B) 
SUPPLEMENT
NOT
SUPPLANT.—
Amounts appropriated pursuant to the author-
ization of appropriations in subparagraph (A)
for a fiscal year shall supplement and not sup-
plant any other amounts appropriated in such
fiscal year for research on methamphetamine
abuse and addiction.’’.
SEC. 122. METHAMPHETAMINE AND AMPHETAMINE TREAT-
MENT 
INITIATIVE 
BY 
CENTER 
FOR 
SUB-
STANCE ABUSE TREATMENT.
Subpart 1 of part B of title V of the Public Health
Service Act (42 U.S.C. 290bb et seq.) is amended by adding
at the end the following new section:
‘‘METHAMPHETAMINE AND AMPHETAMINE TREATMENT
INITIATIVE
‘‘SEC. 514. (a) GRANTS.—
‘‘(1) AUTHORITY TO MAKE GRANTS.—The Direc-
tor of the Center for Substance Abuse Treatment may
make grants to States and Indian tribes recognized by
the United States that have a high rate, or have had
a rapid increase, in methamphetamine or amphet-
amine abuse or addiction in order to permit such
States and Indian tribes to expand activities in con-
nection with the treatment of methamphetamine or
amphetamine abuser or addiction in the specific geo-
graphical areas of such States or Indian tribes, as the
case may be, where there is such a rate or has been
such an increase.
‘‘(2) RECIPIENTS.—Any grants under paragraph
(1) shall be directed to the substance abuse directors
of the States, and of the appropriate tribal govern-
ment authorities of the Indian tribes, selected by the
Director to receive such grants.
‘‘(3) NATURE
OF
ACTIVITIES.—Any activities
under a grant under paragraph (1) shall be based on
reliable scientific evidence of their efficacy in the
treatment of methamphetamine or amphetamine
abuse or addiction.
‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director shall
ensure that grants under subsection (a) are distributed eq-
uitably among the various regions of the country and
among rural, urban, and suburban areas that are affected
by methamphetamine or amphetamine abuse or addiction.
‘‘(c) ADDITIONAL ACTIVITIES.—The Director shall—
‘‘(1) evaluate the activities supported by grants
under subsection (a);
‘‘(2) disseminate widely such significant infor-
mation derived from the evaluation as the Director
considers appropriate to assist States, Indian tribes,
and private providers of treatment services for meth-
amphetamine or amphetamine abuser or addiction in
the treatment of methamphetamine or amphetamine
abuse or addiction; and
‘‘(3) provide States, Indian tribes, and such pro-
viders with technical assistance in connection with
the provision of such treatment.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated to carry out this section $10,000,000 for
fiscal year 2001 and such sums as may be necessary
for each of fiscal years 2002 and 2003.
‘‘(2) USE OF CERTAIN FUNDS.—Of the funds ap-
propriated to carry out this section in any fiscal
year, the lesser of 5 percent of such funds or
$1,000,000 shall be available to the Director for pur-
poses of carrying out subsection (c).’’.
SEC. 123. EXPANSION OF METHAMPHETAMINE ABUSE PRE-
VENTION EFFORTS.
(a) EXPANSION OF EFFORTS.—Section 515 of the Pub-
lic Health Service Act (42 U.S.C. 290bb–21) is amended
by adding at the end the following:
‘‘(e)(1) The Administrator may make grants to and
enter into contracts and cooperative agreements with public
and nonprofit private entities to enable such entities—
‘‘(A) to carry out school-based programs con-
cerning the dangers of abuse of and addiction to
methamphetamine and other illicit drugs, using meth-
ods that are effective and science-based, including ini-
tiatives that give students the responsibility to create
their own anti-drug abuse education programs for
their schools; and
‘‘(B) to carry out community-based abuse and
addiction prevention programs relating to meth-
amphetamine and other illicit drugs that are effective
and science-based.
‘‘(2) Amounts made available under a grant, contract
or cooperative agreement under paragraph (1) shall be used
for planning, establishing, or administering prevention pro-
grams relating to methamphetamine and other illicit drugs
in accordance with paragraph (3).
‘‘(3)(A) Amounts provided under this subsection may
be used—
‘‘(i) to carry out school-based programs that are
focused on those districts with high or increasing
rates of methamphetamine abuse and addiction and
targeted at populations which are most at risk to
start abuse of methamphetamine and other illicit
drugs;
‘‘(ii) to carry out community-based prevention
programs that are focused on those populations with-
in the community that are most at-risk for abuse of
and addiction to methamphetamine and other illicit
drugs;
‘‘(iii) to assist local government entities to con-
duct appropriate prevention activities relating to
methamphetamine and other illicit drugs;
‘‘(iv) to train and educate State and local law
enforcement officials, prevention and education offi-
cials, members of community anti-drug coalitions and
parents on the signs of abuse of and addiction to
methamphetamine and other illicit drugs, and the op-
tions for treatment and prevention;
‘‘(v) for planning, administration, and edu-
cational activities related to the prevention of abuse
of and addiction to methamphetamine and other il-
licit drugs;
‘‘(vi) for the monitoring and evaluation of pre-
vention activities relating to methamphetamine and
other illicit drugs, and reporting and disseminating
resulting information to the public; and
‘‘(vii) for targeted pilot programs with evalua-
tion components to encourage innovation and experi-
mentation with new methodologies.
‘‘(B) The Administrator shall give priority in making
grants under this subsection to rural and urban areas that
are experiencing a high rate or rapid increases in meth-
amphetamine abuse and addiction.
‘‘(4)(A) Not less than $500,000 of the amount available
in each fiscal year to carry out this subsection shall be made
available to the Administrator, acting in consultation with
other Federal agencies, to support and conduct periodic
analyses and evaluations of effective prevention programs
for abuse of and addiction to methamphetamine and other
illicit drugs and the development of appropriate strategies
for disseminating information about and implementing
these programs.
‘‘(B) The Administrator shall submit to the committees
of Congress referred to in subparagraph (C) an annual re-
port with the results of the analyses and evaluation under
subparagraph (A).
‘‘(C) The committees of Congress referred to in this
subparagraph are the following:
‘‘(i) The Committees on Health, Education,
Labor, and Pensions, the Judiciary, and Appropria-
tions of the Senate.
‘‘(ii) The Committees on Commerce, the Judici-
ary, and Appropriations of the House of Representa-
tives.’’.
(b) AUTHORIZATION OF APPROPRIATIONS FOR EXPAN-
SION OF ABUSE PREVENTION EFFORTS AND PRACTITIONER
REGISTRATION REQUIREMENTS.—There is authorized to be
appropriated to carry out section 515(e) of the Public
Health Service Act (as added by subsection (a)) and section
303(g)(2) of the Controlled Substances Act (as added by sec-
tion 211(a)(5) of this Act), $15,000,000 for fiscal year 2001,
and such sums as may be necessary for each succeeding fis-
cal year.
SEC. 124. STUDY OF METHAMPHETAMINE TREATMENT.
(a) STUDY.—
(1) REQUIREMENT.—The Secretary of Health
and Human Services shall, in consultation with the
Institute of Medicine of the National Academy of
Sciences, conduct a study on the development of medi-
cations for the treatment of addiction to amphetamine
and methamphetamine.
(2) REPORT.—Not later than nine months after
the date of the enactment of this Act, the Secretary
shall submit to the Committees on the Judiciary of
the Senate and House of Representatives a report on
the results of the study conducted under paragraph
(1).
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
hereby authorized to be appropriated for the Department
of Health and Human Services for fiscal year 2001 such
sums as may be necessary to meet the requirements of sub-
section (a).
Subtitle D—Reports
SEC. 131. REPORTS ON CONSUMPTION OF METHAMPHET-
AMINE AND OTHER ILLICIT DRUGS IN RURAL
AREAS, METROPOLITAN AREAS, AND CON-
SOLIDATED METROPOLITAN AREAS.
The Secretary of Health and Human Services shall in-
clude in each National Household Survey on Drug Abuse
appropriate prevalence data and information on the con-
sumption of methamphetamine and other illicit drugs in
rural areas, metropolitan areas, and consolidated metro-
politan areas.
SEC. 132. REPORT ON DIVERSION OF ORDINARY, OVER-THE-
COUNTER PSEUDOEPHEDRINE AND PHENYL-
PROPANOLAMINE PRODUCTS.
(a) STUDY.—The Attorney General shall conduct a
study 
of 
the 
use 
of 
ordinary, 
over-the-counter
pseudoephedrine and phenylpropanolamine products in the
clandestine production of illicit drugs. Sources of data for
the study shall include the following:
(1) Information from Federal, State, and local
clandestine laboratory seizures and related investiga-
tions identifying the source, type, or brand of drug
products being utilized and how they were obtained
for the illicit production of methamphetamine and
amphetamine.
(2) Information submitted voluntarily from the
pharmaceutical and retail industries involved in the
manufacture, distribution, and sale of drug products
containing ephedrine, pseudoephedrine, and phenyl-
propanolamine, including information on changes in
the pattern, volume, or both, of sales of ordinary,
over-the-counter 
pseudoephedrine 
and 
phenyl-
propanolamine products.
(b) REPORT.—
(1) REQUIREMENT.—Not later than one year
after the date of the enactment of this Act, the Attor-
ney General shall submit to Congress a report on the
study conducted under subsection (a).
(2) ELEMENTS.—The report shall include—
(A) the findings of the Attorney General as
a result of the study; and
(B) such recommendations on the need to
establish additional measures to prevent diver-
sion 
of 
ordinary, 
over-the-counter
pseudoephedrine and phenylpropanolamine (such
as a threshold on ordinary, over-the-counter
pseudoephedrine and phenylpropanolamine prod-
ucts) as the Attorney General considers appro-
priate.
(3) MATTERS
CONSIDERED.—In preparing the
report, the Attorney General shall consider the com-
ments and recommendations including the comments
on the Attorney General’s proposed findings and rec-
ommendations, of State and local law enforcement
and regulatory officials and of representatives of the
industry described in subsection (a)(2).
(c) REGULATION OF RETAIL SALES.—
(1) 
IN
GENERAL.—Notwithstanding 
section
401(d) of the Comprehensive Methamphetamine Con-
trol Act of 1996 (21 U.S.C. 802 note) and subject to
paragraph (2), the Attorney General shall establish by
regulation a single-transaction limit of not less than
grams 
of 
ordinary, 
over-the-counter
pseudoephedrine or phenylpropanolamine (as the case
may be) for retail distributors, if the Attorney Gen-
eral finds, in the report under subsection (b), that—
(A) there is a significant number of in-
stances (as set forth in paragraph (3)(A) of such
section 401(d) for purposes of such section) where
ordinary, over-the-counter pseudoephedrine prod-
ucts, phenylpropanolamine products, or both
such products that were purchased from retail
distributors were widely used in the clandestine
production of illicit drugs; and
(B) the best practical method of preventing
such use is the establishment of single-trans-
action limits for retail distributors of either or
both of such products.
(2) DUE PROCESS.—The Attorney General shall
establish the single-transaction limit under paragraph
(1) only after notice, comment, and an informal hear-
ing.
TITLE II—CONTROLLED
SUBSTANCES GENERALLY
Subtitle A—Criminal Matters
SEC. 201. ENHANCED PUNISHMENT FOR TRAFFICKING IN
LIST I CHEMICALS.
(a) AMENDMENTS TO FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing
Commission shall amend the Federal sentencing guidelines
in accordance with this section with respect to any violation
of paragraph (1) or (2) of section 401(d) of the Controlled
Substances Act (21 U.S.C. 841(d)) involving a list I chem-
ical and any violation of paragraph (1) or (3) of section
1010(d) of the Controlled Substance Import and Export Act
(21 U.S.C. 960(d)) involving a list I chemical.
(b) 
EPHEDRINE, 
PHENYLPROPANOLAMINE, 
AND
PSEUDOEPHEDRINE.—
(1) IN GENERAL.—In carrying this section, the
United States Sentencing Commission shall, with re-
spect to each offense described in subsection (a) in-
volving 
ephedrine, 
phenylpropanolamine, 
or
pseudoephedrine (including their salts, optical iso-
mers, and salts of optical isomers), review and amend
its guidelines to provide for increased penalties such
that those penalties corresponded to the quantity of
controlled substance that could reasonably have been
manufactured using the quantity of ephedrine, phen-
ylpropanolamine, or pseudoephedrine possessed or
distributed.
(2) CONVERSION RATIOS.—For the purposes of
the amendments made by this subsection, the quantity
of controlled substance that could reasonably have
been manufactured shall be determined by using a
table of manufacturing conversion ratios for ephed-
rine, phenylpropanolamine, and pseudoephedrine,
which table shall be established by the Sentencing
Commission based on scientific, law enforcement, and
other data the Sentencing Commission considers ap-
propriate.
(c) OTHER LIST I CHEMICALS.—In carrying this sec-
tion, the United States Sentencing Commission shall, with
respect to each offense described in subsection (a) involving
any list I chemical other than ephedrine, phenylpropanola-
mine, or pseudoephedrine, review and amend its guidelines
to provide for increased penalties such that those penalties
reflect the dangerous nature of such offenses, the need for
aggressive law enforcement action to fight such offenses, and
the extreme dangers associated with unlawful activity in-
volving methamphetamine and amphetamine, including—
(1) the rapidly growing incidence of controlled
substance manufacturing;
(2) the extreme danger inherent in manufac-
turing controlled substances;
(3) the threat to public safety posed by manufac-
turing controlled substances; and
(4) the recent increase in the importation, pos-
session, and distribution of list I chemicals for the
purpose of manufacturing controlled substances.
(d) EMERGENCY AUTHORITY TO SENTENCING COMMIS-
SION.—The United States Sentencing Commission shall
promulgate amendments pursuant to this section as soon
as practicable after the date of the enactment of this Act
in accordance with the procedure set forth in section 21(a)
of the Sentencing Act of 1987 (Public Law 100–182), as
though the authority under that Act had not expired.
SEC. 202. MAIL ORDER REQUIREMENTS.
Section 310(b)(3) of the Controlled Substances Act (21
U.S.C. 830(b)(3)) is amended—
(1) by redesignating subparagraphs (A) and (B)
as subparagraphs (B) and (C), respectively;
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
‘‘(A) As used in this paragraph:
‘‘(i) The term ‘drug product’ means an ac-
tive ingredient in dosage form that has been ap-
proved or otherwise may be lawfully marketed
under the Food, Drug, and Cosmetic Act for dis-
tribution in the United States.
‘‘(ii) The term ‘valid prescription’ means a
prescription which is issued for a legitimate
medical purpose by an individual practitioner
licensed by law to administer and prescribe the
drugs concerned and acting in the usual course
of the practitioner’s professional practice.’’;
(3) in subparagraph (B), as so redesignated, by
inserting ‘‘or who engages in an export transaction’’
after ‘‘nonregulated person’’; and
(4) adding at the end the following:
‘‘(D) Except as provided in subparagraph (E),
the following distributions to a nonregulated person,
and the following export transactions, shall not be
subject to the reporting requirement in subparagraph
(B):
‘‘(i) Distributions of sample packages of
drug products when such packages contain not
more than 2 solid dosage units or the equivalent
of 2 dosage units in liquid form, not to exceed
10 milliliters of liquid per package, and not
more than one package is distributed to an indi-
vidual or residential address in any 30-day pe-
riod.
‘‘(ii) Distributions of drug products by re-
tail distributors that may not include face-to-
face transactions to the extent that such distribu-
tions are consistent with the activities authorized
for a retail distributor as specified in section
102(46).
‘‘(iii) Distributions of drug products to a
resident of a long term care facility (as that
term is defined in regulations prescribed by the
Attorney General) or distributions of drug prod-
ucts to a long term care facility for dispensing
to or for use by a resident of that facility.
‘‘(iv) Distributions of drug products pursu-
ant to a valid prescription.
‘‘(v) Exports which have been reported to
the Attorney General pursuant to section 1004 or
1018 or which are subject to a waiver granted
under section 1018(e)(2).
‘‘(vi) Any quantity, method, or type of dis-
tribution or any quantity, method, or type of
distribution of a specific listed chemical (includ-
ing specific formulations or drug products) or of
a group of listed chemicals (including specific
formulations or drug products) which the Attor-
ney General has excluded by regulation from
such reporting requirement on the basis that
such reporting is not necessary for the enforce-
ment of this title or title III.
‘‘(E) The Attorney General may revoke any or
all of the exemptions listed in subparagraph (D) for
an individual regulated person if he finds that drug
products distributed by the regulated person are being
used in violation of this title or title III. The regu-
lated person shall be notified of the revocation, which
will be effective upon receipt by the person of such no-
tice, as provided in section 1018(c)(1), and shall have
the right to an expedited hearing as provided in sec-
tion 1018(c)(2).’’.
SEC. 203. THEFT AND TRANSPORTATION OF ANHYDROUS
AMMONIA FOR PURPOSES OF ILLICIT PRO-
DUCTION OF CONTROLLED SUBSTANCES.
(a) IN GENERAL.—Part D of the Controlled Substances
Act (21 U.S.C. 841 et seq.) is amended by adding at the
end the following:
‘‘ANHYDROUS AMMONIA
‘‘SEC. 423. (a) It is unlawful for any person—
‘‘(1) to steal anhydrous ammonia, or
‘‘(2) to transport stolen anhydrous ammonia
across State lines,
knowing, intending, or having reasonable cause to believe
that such anhydrous ammonia will be used to manufacture
a controlled substance in violation of this part.
‘‘(b) Any person who violates subsection (a) shall be
imprisoned or fined, or both, in accordance with section
403(d) as if such violation were a violation of a provision
of section 403.’’.
(b) CLERICAL AMENDMENT.—The table of contents for
that Act is amended by inserting after the item relating
to section 421 the following new items:
‘‘Sec. 422. Drug paraphernalia.
‘‘Sec. 423. Anhydrous ammonia.’’.
(c) ASSISTANCE FOR CERTAIN RESEARCH.—
(1) AGREEMENT.—The Administrator of the
Drug Enforcement Administration shall seek to enter
into an agreement with Iowa State University in
order to permit the University to continue and ex-
pand its current research into the development of
inert agents that, when added to anhydrous ammo-
nia, eliminate the usefulness of anhydrous ammonia
as an ingredient in the production of methamphet-
amine.
(2) REIMBURSABLE PROVISION OF FUNDS.—The
agreement under paragraph (1) may provide for the
provision to Iowa State University, on a reimbursable
basis, of $500,000 for purposes the activities specified
in that paragraph.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is hereby authorized to be appropriated for the
Drug Enforcement Administration for fiscal year
2001, $500,000 for purposes of carrying out the agree-
ment under this subsection.
Subtitle B—Other Matters
SEC. 211. WAIVER AUTHORITY FOR PHYSICIANS WHO DIS-
PENSE OR PRESCRIBE CERTAIN NARCOTIC
DRUGS FOR MAINTENANCE TREATMENT OR
DETOXIFICATION TREATMENT.
(a) REQUIREMENTS.—Section 303(g) of the Controlled
Substances Act (21 U.S.C. 823(g)) is amended—
(1) in paragraph (2), by striking ‘‘(A) security’’
and inserting ‘‘(i) security’’, and by striking ‘‘(B) the
maintenance’’ and inserting ‘‘(ii) the maintenance’’;
(2) by redesignating paragraphs (1) through (3)
as subparagraphs (A) through (C), respectively;
(3) by inserting ‘‘(1)’’ after ‘‘(g)’’;
(4) by striking ‘‘Practitioners who dispense’’ and
inserting ‘‘Except as provided in paragraph (2),
practitioners who dispense or prescribe’’; and
(5) by adding at the end the following:
‘‘(2)(A) Subject to subparagraph (D), the requirements
of paragraph (1) are waived in the case of the dispensing
or prescribing, by a physician, of narcotic drugs in schedule
III, IV, or V, or combinations of such drugs, if the physi-
cian meets the conditions specified in subparagraph (B)
and the narcotic drugs or combinations of such drugs meet
the conditions specified in subparagraph (C).
‘‘(B)(i) For purposes of subparagraph (A), the condi-
tions specified in this subparagraph with respect to a physi-
cian are that, before initially dispensing or prescribing nar-
cotic drugs in schedule III, IV, or V, or combinations of
such drugs, to patients for maintenance or detoxification
treatment, the physician submit to the Secretary and the
Attorney General a notification of the intent of the physi-
cian to begin dispensing or prescribing the drugs or com-
binations for such purpose, and that the notification to the
Secretary also contain the following certifications by the
physician:
‘‘(I) The physician—
‘‘(aa) is a physician licensed under State
law; and
‘‘(bb) has training or experience and the
ability to treat and manage opiate-dependent
patients.
‘‘(II) With respect to patients to whom the physi-
cian will provide such drugs or combinations of
drugs, the physician has the capacity to refer the pa-
tients for appropriate counseling and other appro-
priate ancillary services.
‘‘(III) In any case in which the physician is not
in a group practice, the total number of such patients
of the physician at any one time will not exceed the
applicable number. For purposes of this subclause, the
applicable number is 30, except that the Secretary
may by regulation change such total number.
‘‘(IV) In any case in which the physician is in
a group practice, the total number of such patients of
the group practice at any one time will not exceed the
applicable number. For purposes of this subclause, the
applicable number is 30, except that the Secretary
may by regulation change such total number, and the
Secretary for such purposes may by regulation estab-
lish different categories on the basis of the number
of physicians in a group practice and establish for
the various categories different numerical limitations
on the number of such patients that the group prac-
tice may have.
‘‘(ii)(I) The Secretary may, in consultation with the
Administrator of the Drug Enforcement Administration,
the Administrator of the Substance Abuse and Mental
Health Services Administration, the Director of the Center
for Substance Abuse Treatment, the Director of the National
Institute on Drug Abuse, and the Commissioner of Food
and Drugs, issue regulations through notice and comment
rulemaking or practice guidelines to address the following:
‘‘(aa) Approval of additional credentialing bod-
ies and the responsibilities of additional credentialing
bodies.
‘‘(bb) Additional exemptions from the require-
ments of this paragraph and any regulations under
this paragraph.
‘‘(II) Nothing in the regulations or practice guidelines
under this clause may authorize any Federal official or em-
ployee to exercise supervision or control over the practice
of medicine or the manner in which medical services are
provided.
‘‘(III)(aa) The Secretary shall issue a Treatment Im-
provement Protocol containing best practice guidelines for
the treatment and maintenance of opiate-dependent pa-
tients. The Secretary shall develop the protocol in consulta-
tion with the Director of the National Institute on Drug
Abuse, the Director of the Center for Substance Abuse Treat-
ment, the Administrator of the Drug Enforcement Adminis-
tration, the Commissioner of Food and Drugs, the Adminis-
trator of the Substance Abuse and Mental Health Services
Administration, and other substance abuse disorder profes-
sionals. The protocol shall be guided by science.
‘‘(bb) The protocol shall be issued not later than 120
days after the date of the enactment of the Methamphet-
amine and Club Drug Anti-Proliferation Act of 2000.
‘‘(IV) For purposes of the regulations or practice
guidelines under subclause (I), a physician shall have train-
ing or experience under clause (i)(I)(bb) if the physician
meets one or more of the following conditions:
‘‘(aa) The physician is certified in addiction
treatment by the American Society of Addiction Med-
icine, the American Board of Medical Specialties, the
American Osteopathic Academy of Addiction Medi-
cine, or any other certified body accredited by the
Secretary.
‘‘(bb) The physician has been a clinical investi-
gator in a clinical trial conducted for purposes of se-
curing approval under section 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355) or sec-
tion 351 of the Public Health Service Act (42 U.S.C.
262) of a narcotic drug in schedule III, IV, or V for
the treatment of addiction, if such approval was
granted.
‘‘(cc) The physician has completed training
(through classroom situations, seminars, professional
society meetings, electronic communications, or other-
wise) provided by the American Society of Addiction
Medicine, the American Academy of Addiction Psy-
chiatry, the American Osteopathic Academy of Addic-
tion Medicine, the American Medical Association, the
American Osteopathic Association, the American Psy-
chiatric Association, or any other organization that
the Secretary determines appropriate for purposes of
this item. The curricula may include training in pa-
tient need for counseling regarding HIV, Hepatitis C,
and other infectious diseases, substance abuse coun-
seling, random drug testing, medical evaluation, an-
nual assessment, prenatal care, diagnosis of addic-
tion, rehabilitation services, confidentiality, and other
appropriate topics.
‘‘(dd) The physician has training or experience
in the treatment and management of opiate-dependent
patients, which training or experience shall meet such
criteria as the Secretary may prescribe. Any such cri-
teria shall be effective for a period of three years after
the effective date of such criteria, but the Secretary
may extend the effective period of such criteria by ad-
ditional periods of three years for each extension if
the Secretary determines that such extension is appro-
priate for purposes of this item. Any such extension
shall go into effect only if the Secretary publishes a
notice of such extension in the Federal Register dur-
ing the 30-day period ending on the date of the end
of the three-year effective period of such criteria to
which such extension will apply.
‘‘(ee) The physician is certified in addiction
treatment by a State medical licensing board, or an
entity accredited by such board, unless the Secretary
determines (after an opportunity for a hearing) that
the training provided by such board or entity was in-
adequate for the treatment and management of opi-
ate-dependent patients.
‘‘(C) For purposes of subparagraph (A), the conditions
specified in this subparagraph with respect to narcotic
drugs in schedule III, IV, or V, or combinations of such
drugs, are as follows:
‘‘(i) The drugs or combinations of drugs have,
under the Federal Food, Drug and Cosmetic Act or
section 351 of the Public Health Service Act, been ap-
proved for use in maintenance or detoxification treat-
ment.
‘‘(ii) The drugs or combinations of drugs have
not been the subject of an adverse determination. For
purposes of this clause, an adverse determination is
a determination published in the Federal Register
and made by the Secretary, after consultation with
the Attorney General, that experience since the ap-
proval of the drug or combinations of drugs has
shown that the use of the drugs or combinations of
drugs for maintenance or detoxification treatment re-
quires additional standards respecting the qualifica-
tions of physicians to provide such treatment, or re-
quires standards respecting the quantities of the drugs
that may be provided for unsupervised use.
‘‘(D)(i) A waiver under subparagraph (A) with respect
to a physician is not in effect unless (in addition to condi-
tions under subparagraphs (B) and (C)) the following con-
ditions are met:
‘‘(I) The notification under subparagraph (B) is
in writing and states the name of the physician.
‘‘(II) The notification identifies the registration
issued for the physician pursuant to subsection (f).
‘‘(III) If the physician is a member of a group
practice, the notification states the names of the other
physicians in the practice and identifies the registra-
tions issued for the other physicians pursuant to sub-
section (f).
‘‘(IV) A period of 45 days has elapsed after the
date on which the notification was submitted, and
during such period the physician does not receive
from the Secretary a written notice that one or more
of the conditions specified in subparagraph (B), sub-
paragraph (C), or this subparagraph, have not been
met.
‘‘(ii) The Secretary shall provide to the Attorney Gen-
eral such information contained in notifications under sub-
paragraph (B) as the Attorney General may request.
‘‘(E) If in violation of subparagraph (A) a physician
dispenses or prescribes narcotic drugs in schedule III, IV,
or V, or combinations of such drugs, for maintenance treat-
ment or detoxification treatment, the Attorney General
may, for purposes of section 304(a)(4), consider the physi-
cian to have committed an act that renders the registration
of the physician pursuant to subsection (f) to be inconsistent
with the public interest.
‘‘(F)(i) Upon determining that a physician meets the
conditions specified in subparagraph (B), the Secretary
shall notify the physician and the Attorney General.
‘‘(ii) Upon receiving notice with respect to a physician
under clause (i), the Attorney General shall assign the phy-
sician an identification number under this paragraph for
inclusion with the physician’s current registration to pre-
scribe narcotics. An identification number assigned a phy-
sician under this clause shall be appropriate to preserve the
confidentiality of a patient prescribed narcotic drugs cov-
ered by this paragraph by the physician.
‘‘(iii) If the Secretary fails to make a determination
described in clause (i) by the end of the 45-day period begin-
ning on the date of the receipt by the Secretary of a notifica-
tion from a physician under subparagraph (B), the Attor-
ney General shall assign the physician an identification
number described in clause (ii) at the end of such period.
‘‘(G) In this paragraph:
‘‘(i) The term ‘group practice’ has the meaning
given such term in section 1877(h)(4) of the Social
Security Act.
‘‘(ii) The term ‘physician’ has the meaning given
such term in section 1861(r) of the Social Security
Act.
‘‘(H)(i) This paragraph takes effect on the date of the
enactment of the Methamphetamine and Club Drug Anti-
Proliferation Act of 2000, and remains in effect thereafter
except as provided in clause (iii) (relating to a decision
by the Secretary or the Attorney General that this para-
graph should not remain in effect).
‘‘(ii) For the purposes relating to clause (iii), the Sec-
retary and the Attorney General shall, during the 3-year
period beginning on the date of the enactment of the Meth-
amphetamine and Club Drug Anti-Proliferation Act of
2000, make determinations in accordance with the fol-
lowing:
‘‘(I)(aa) The Secretary shall—
‘‘(aaa) make a determination of whether
treatments provided under waivers under sub-
paragraph (A) have been effective forms of main-
tenance treatment and detoxification treatment
in clinical settings;
‘‘(bbb) make a determination regarding
whether such waivers have significantly in-
creased (relative to the beginning of such period)
the availability of maintenance treatment and
detoxification treatment; and
‘‘(ccc) make a determination regarding
whether such waivers have adverse consequences
for the public health.
‘‘(bb) In making determinations under this sub-
clause, the Secretary—
‘‘(aaa) may collect data from the practi-
tioners for whom waivers under subparagraph
(A) are in effect;
‘‘(bbb) shall issue appropriate guidelines or
regulations (in accordance with procedures for
substantive rules under section 553 of title 5,
United States Code) specifying the scope of the
data that will be required to be provided under
this subclause and the means through which the
data will be collected; and
‘‘(ccc) shall, with respect to collecting such
data, comply with applicable provisions of chap-
ter 6 of title 5, United States Code (relating to
a regulatory flexibility analysis), and of chapter
8 of such title (relating to congressional review
of agency rulemaking).
‘‘(II) The Attorney General shall—
‘‘(aa) make a determination of the extent to
which there have been violations of the numerical
limitations established under subparagraph (B)
for the number of individuals to whom a practi-
tioner may provide treatment; and
‘‘(bb) make a determination regarding
whether waivers under subparagraph (A) have
increased (relative to the beginning of such pe-
riod) the extent to which narcotic drugs in sched-
ule III, IV, or V, or combinations of such drugs,
are being dispensed or prescribed, or possessed,
in violation of this Act.
‘‘(iii) If, before the expiration of the period specified
in clause (ii), the Secretary or the Attorney General pub-
lishes in the Federal Register a decision, made on the basis
of determinations under such clause, that this paragraph
should not remain in effect, this paragraph ceases to be in
effect 60 days after the date on which the decision is so
published. The Secretary shall, in making any such deci-
sion, consult with the Attorney General, and shall, in pub-
lishing the decision in the Federal Register, include any
comments received from the Attorney General for inclusion
in the publication. The Attorney General shall, in making
any such decision, consult with the Secretary, and shall,
in publishing the decision in the Federal Register, include
any comments received from the Secretary for inclusion in
the publication.
‘‘(I) During the 3-year period beginning on the date
of the enactment of the Methamphetamine and Club Drug
Anti-Proliferation Act of 2000, a State may not preclude
a practitioner from dispensing or prescribing narcotic
drugs in schedule III, IV, or V, or combinations of such
drugs, to patients for maintenance or detoxification treat-
ment in accordance with this paragraph, or the other
amendments made by section 22 of that Act, unless, before
the expiration of that 3-year period, the State enacts a law
prohibiting a practitioner from dispensing or prescribing
such drugs or combination of drugs.’’.
(b) CONFORMING AMENDMENTS.—Section 304 of the
Controlled Substances Act (21 U.S.C. 824) is amended—
(1) in subsection (a), in the matter following
paragraph (5), by striking ‘‘section 303(g)’’ each
place the term appears and inserting ‘‘section
303(g)(1)’’; and
(2) in subsection (d), by striking ‘‘section
303(g)’’ and inserting ‘‘section 303(g)(1)’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized to be appropriated for purposes of activi-
ties under section 303(g)(2) of the Controlled Substances
Act, as added by subsection (a), amounts as follows:
(1) For fiscal year 2001, $3,000,000.
(2) For each fiscal year after fiscal year 2001,
such sums as may be necessary for such fiscal year.
TITLE III—MISCELLANEOUS
SEC. 301. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT
INTERNET WEBSITES.
Not later than 90 days after the date of the enactment
of this Act, the head of each department, agency, and estab-
lishment of the Federal Government shall, in consultation
with the Director of the Office of National Drug Control
Policy, place antidrug messages on appropriate Internet
websites controlled by such department, agency, or establish-
ment which messages shall, where appropriate, contain an
electronic hyperlink to the Internet website, if any, of the
Office.
SEC. 302. SEVERABILITY.
Any provision of this Act held to be invalid or unen-
forceable by its terms, or as applied to any person or cir-
cumstance, shall be construed as to give the maximum effect
permitted by law, unless such provision is held to be utterly
invalid or unenforceable, in which event such provision
shall be severed from this Act and shall not affect the appli-
cability of the remainder of this Act, or of such provision,
to other persons not similarly situated or to other, dis-
similar circumstances.
TITLE IV—CLUB DRUG ANTI-
PROLIFERATION
SEC. 401. ENHANCED PUNISHMENT OF CLUB DRUG TRAF-
FICKERS.
(a) AMENDMENT TO FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing
Commission shall amend the Federal sentencing guidelines
regarding any offense relating to the manufacture, importa-
tion, or exportation of, or trafficking in—
(1) 3,4-methylenedioxy methamphetamine;
(2) 3,4-methylenedioxy amphetamine;
(3) 3,4-methylenedioxy-N-ethylamphetamine;
(4) paramethoxymethamphetamine (PMA); or
(5) any other controlled substance, as determined
by the Sentencing Commission in consultation with
the Attorney General, that is marketed as a club drug
and that has either a chemical structure substantially
similar to that of 3,4-methylenedioxy methamphet-
amine or paramethoxymethamphetamine or an effect
on the central nervous system substantially similar to
or greater than that of 3,4-methylenedioxy meth-
amphetamine or paramethoxymethamphetamine; (in-
cluding an attempt or conspiracy to commit an of-
fense described in paragraph (1), (2), (3), or (4)) in
violation of the Controlled Substances Act (21 U.S.C.
801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or the Maritime
Drug Law Enforcement Act (46 U.S.C. 1901 et seq.).
(b) GENERAL REQUIREMENT.—In carrying out this
section, the United States Sentencing Commission shall,
with respect to each offense described in subsection (a)—
(1) review and amend the Federal sentencing
guidelines to provide for increased penalties such that
those penalties are comparable to the base offense lev-
els for offenses involving any methamphetamine mix-
ture; and
(2) take any other action the Commission con-
siders to be necessary to carry out this subsection.
(c) ADDITIONAL REQUIREMENTS.—In carrying out
this section, the United States Sentencing Commission shall
ensure that the Federal Sentencing guidelines for offenders
convicted of offenses described in subsection (a) reflect—
(1) the need for aggressive law enforcement ac-
tion with respect to offenses involving the controlled
substances described in subsection (a); and
(2) the dangers associated with unlawful activity
involving such substances, including—
(A) the rapidly growing incidence of abuse
of the controlled substances described in sub-
section (a) and the threat to public safety that
such abuse poses;
(B) the recent increase in the illegal impor-
tation of the controlled substances described in
subsection (a);
(C) the young age at which children are be-
ginning to use the controlled substances described
in subsection (a); and
(D) any other factor that the Sentencing
Commission deems appropriate.
SEC. 402. ENHANCED PUNISHMENT OF GHB TRAFFICKERS.
(a) AMENDMENT TO FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing
Commission shall amend the Federal sentencing guidelines
in accordance with this section with respect to any offense
relating to the manufacture, importation, or exportation of,
or trafficking in—
(1) gamma-hydroxybutyric acid and its salts; or
(2) the List I Chemical gamma-butyrolactone;
(including an attempt or conspiracy to commit an of-
fense described in paragraph (1) or (2)) in violation
of the Controlled Substances Act (21 U.S.C. 801 et
seq.), the Controlled Substances Import and Export
Act (21 U.S.C. 951 4 et seq.), or the Maritime Drug
Law Enforcement Act (46 5 U.S.C. 1901 et seq.).
(b) GENERAL REQUIREMENTS.—In carrying out this
section, the United States Sentencing Commission shall
with respect to each offense described in subsection (a)—
(1) review and amend the Federal Sentencing
guidelines to provide for increased penalties such that
those penalties reflect the seriousness of these offenses
and the need to deter them;
(2) assure that the guidelines provide that of-
fenses involving a significant quantity of Schedule I
and II depressants are subject to greater terms of im-
prisonment than currently provided by the guidelines
and that such terms are consistent with applicable
statutory maximum penalties; and
(3) take any other action the Commission con-
siders to be necessary to carry out this subsection.
(c) ADDITIONAL REQUIREMENTS.—In carrying out
this section, the United States Sentencing Commission shall
consider—
(1) the dangers associated with the use of the
substances described in subsection (a), and unlawful
activity involving such substances;
(2) the rapidly growing incidence of abuse of the
controlled substances described in subsection (a) and
the threat to public safety that such abuse poses, in-
cluding the dangers posed by overdose; and
(3) the recent increase in the illegal manufacture
of the controlled substances described in subsection
(a).
SEC. 403. EMERGENCY AUTHORITY TO SENTENCING COM-
MISSION.
The United States Sentencing Commission shall pro-
mulgate amendments under this Act as soon as practicable
after the date of the enactment of this Act in accordance
with the procedure set forth in section 21(a) of the Sen-
tencing Act of 1987 (Public Law 100–182), as though the
authority under that Act had not expired.
SEC. 404. EXPANSION OF CLUB DRUG ABUSE PREVENTION
EFFORTS.
(a) PUBLIC HEALTH SERVICE ASSISTANCE.—Part A
of title V of the Public Health Service Act (42 U.S.C. 20
290aa et seq.) is amended by adding at the end the fol-
lowing:
‘‘SEC. 506. GRANTS FOR CLUB DRUG ABUSE PREVENTION.
(a) AUTHORITY.—The Administrator may make
grants to, and enter into contracts and cooperative agree-
ments with, public and nonprofit private entities to enable
such entities—
‘‘(1) to carry out school-based programs con-
cerning the dangers of abuse of and addiction to 3,4-
methylenedioxy 
methamphetamine,
paramethoxymethamphetamine 
or 
related 
drugs,
using methods that are effective and science-based, in-
cluding initiatives that give students the responsi-
bility to create their own antidrug abuse education
programs for their schools; and
‘‘(2) to carry out community-based abuse and
addiction prevention programs relating to 3,4-
methylenedioxy 
methamphetamine,
paramethoxymethamphetamine or related drugs that
are effective and science-based.
‘‘(b) USE OF FUNDS.—Amounts made available under
a grant, contract or cooperative agreement under subsection
(a) shall be used for planning, establishing, or admin-
istering 
prevention 
programs 
relating 
to 
3,4-
methylenedioxy 
methamphetamine,
paramethoxymethamphetamine or related drugs in accord-
ance with paragraph (3).
‘‘(c)(1) DISCRETIONARY FUNCTIONS.—Amounts pro-
vided under this section may be used—
‘‘(A) to carry out school-based programs that are
focused on those districts with high or increasing
rates of abuse and addiction to 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or
related drugs and targeted at populations that are
most at risk to start abuse of 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or
related drugs;
‘‘(B) to carry out community-based prevention
programs that are focused on those populations with-
in the community that are most at-risk for abuse of
and addiction to 3,4-methylenedioxy methamphet-
amine, paramethoxymethamphetamine 
or 
related
drugs;
‘‘(C) to assist local government entities to con-
duct appropriate prevention activities relating to 3,4-
methylenedioxy 
methamphetamine,
paramethoxymethamphetamine or related drugs;
‘‘(D) to train and educate State and local law
enforcement officials, prevention and education offi-
cials, health professionals, members of community
antidrug coalitions and parents on the signs of abuse
of and addiction to 3,4-methylenedioxy methamphet-
amine, paramethoxymethamphetamine 
or 
related
drugs, and the options for treatment and prevention;
‘‘(E) for planning, administration, and edu-
cational activities related to the prevention of abuse
of and addiction to 3,4-methylenedioxy methamphet-
amine, paramethoxymethamphetamine 
or 
related
drugs;
‘‘(F) for the monitoring and evaluation of pre-
vention activities relating to 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or
related drugs, and reporting and disseminating re-
sulting information to the public; and
‘‘(G) for targeted pilot programs with evaluation
components to encourage innovation and experimen-
tation with new methodologies.
‘‘(2) PRIORITY.—The Administrator shall give pri-
ority in making grants under this subsection to rural and
urban areas that are experiencing a high rate or rapid in-
creases in abuse and addiction to 3,4-methylenedioxy meth-
amphetamine, paramethoxymethamphetamine or related
drugs.
‘‘(d)(1) PREVENTION
PROGRAM
ALLOCATION.—Not
less than $500,000 of the amount available in each fiscal
year to carry out this section shall be made available to
the Administrator, acting in consultation with other Fed-
eral agencies, to support and conduct periodic analyses and
evaluations of effective prevention programs for abuse of
and addiction to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs and the de-
velopment of appropriate strategies for disseminating infor-
mation about and implementing these programs.
‘‘(2) REPORT.—The Administrator shall submit an
annual report containing the results of the analyses and
evaluations conducted under paragraph (1) to—
‘‘(A) the Committee on Health, Education,
Labor, and Pensions, the Committee on the Judiciary,
and the Committee on Appropriations of the Senate;
and
‘‘(B) the Committee on Commerce, the Committee
on the Judiciary, and the Committee on Appropria-
tions of the House of Representatives.
‘‘(e) AUTHORIZATION.—There is authorized to be ap-
propriated to carry out this subsection—
‘‘(1) $5,000,000 for fiscal year 2001; and
‘‘(2) such sums as may be necessary for each suc-
ceeding fiscal year.’’.
(b) NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.—
In conducting the national media campaign under section
102 of the Drug-Free Media Campaign Act of 1998 (21
U.S.C. 1801), the Director of the Office of National Drug
Control Policy shall ensure that such campaign addresses
the reduction and prevention of abuse of 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or re-
lated drugs among young people in the United States.
TITLE V—REIMBURSEMENT BY
DRUG ENFORCEMENT ADMIN-
ISTRATION OF EXPENSES IN-
CURRED 
TO 
REMEDIATE
METHAMPHETAMINE LABORA-
TORIES
SEC. 501. REIMBURSEMENT BY DRUG ENFORCEMENT AD-
MINISTRATION OF EXPENSES INCURRED TO
REMEDIATE 
METHAMPHETAMINE 
LABORA-
TORIES.
(a) REIMBURSEMENT AUTHORIZED.—The Attorney
General, acting through the Administrator of the Drug En-
forcement Administration, may reimburse States, units of
local government, Indian tribal governments, other public
entities, and multi-jurisdictional or regional consortia
thereof for expenses incurred to clean up and safely dispose
of substances associated with clandestine methamphetamine
laboratories which may present a danger to public health
or the environment.
(b) ADDITIONAL DEA PERSONNEL.—From amounts
appropriated or otherwise made available to carry out this
section, the Attorney General may hire not more than 5
additional Drug Enforcement Administration personnel to
administer this section.
(c) FUNDING.—
(1) FISCAL YEAR 2000.—From the unobligated
balances available to the Department of Justice for
fiscal year 2000 to carry out part Q of the Omnibus
Crime Control and Safe Streets Act of 1968, known
as the Community Oriented Policing Services pro-
gram (42 U.S.C. 3796dd et seq.), the Attorney Gen-
eral shall make available $10,000,000 to be used only
to carry out this section.
(2) FISCAL YEAR 2001.—There are authorized to
be appropriated to the Attorney General to carry out
this section $20,000,000 for fiscal year 2001.
TITLE VI—FEDERAL DRUG
COURTS
SEC. 601. ESTABLISHMENT.
Notwithstanding any other provision of law, the court,
upon the conviction of an individual for a Federal offense
which the court determines is a nonviolent drug-related of-
fense involving a simple possession quantity of drugs, as
defined in the Controlled Substances Act, shall consider sen-
tencing that individual to an appropriate rehabilitation
program established under this title. In such regard, the
court shall consider and use where appropriate—
(1) day fines;
(2) house arrest;
(3) electronic monitoring;
(4) intensive probation supervision;
(5) defense-based sentencing;
(6) day reporting centers;
(7) victim-offender reconciliation;
(8) shock incarceration; and
(9) substance abuse treatment in lieu of incarcer-
ation, including treatment in a therapeutic commu-
nity.
SEC. 602. REHABILITATION PROGRAM.
(a) IN GENERAL.—The Bureau of Prisons (hereinafter
in this title referred to as the ‘‘Bureau’’) shall establish and
maintain a rehabilitation program. The program shall con-
sist of—
(1) residential substance abuse treatment; and
(2) aftercare services.
(b) DEFINITIONS.—As used in this title—
(1) the term ‘‘residential substance abuse treat-
ment’’ means a course of individual and group activi-
ties, lasting between 9 and 12 months, in residential
treatment facilities (which the in case of prisoners are
set apart from the general prison population)—
(A) directed at the substance abuse problems
of the convicted person;
(B) intended to develop a person’s cognitive,
behavioral, social, vocational, and other skills so
as to solve the convicted person’s substance abuse
and related problems; and
(C) shall include—
(i) addiction education;
(ii) individual, group, and family
counseling pursuant to individualized treat-
ment plans;
(iii) opportunity for involvement in
Alcoholics Anonymous, Narcotics Anony-
mous, or Cocaine Anonymous;
(iv) parenting skills training, domestic
violence counseling, and sexual abuse coun-
seling, where appropriate;
(v) HIV education counseling and test-
ing, when requested, and early intervention
services for seropositive individuals;
(vi) services that facilitate access to
health and social services, where appro-
priate and to the extent available; and
(vii) planning for and counseling to
assist reentry into society, including refer-
rals to appropriate educational, vocational,
and other employment-related programs (to
the extent available), referrals, to appro-
priate outpatient or other drug or alcohol
treatment, counseling, transitional housing,
and assistance in obtaining suitable afford-
able housing and employment upon comple-
tion of treatment (and release from prison,
if applicable);
(2) the term ‘‘aftercare services’’ means a course
of individual and group treatment for a minimum of
one year involving sustained and frequent interaction
between the program and with individuals who have
successfully completed a program of residential sub-
stance abuse treatment, and shall include consistent
personal interaction between the individual and a
primary counselor or case manager, participation in
group and individual counseling sessions, social ac-
tivities targeted toward a recovering substance abuser,
and, where appropriate, more intensive intervention;
and
(3) the term ‘‘substance abuse’’ means the abuse
of drugs or alcohol.
(c) PREFERENCE
FOR
COMMUNITY-BASED
PRO-
GRAMS.—Residential substance abuse treatment services
shall be provided, to the greatest extent possible, by commu-
nity-based drug and alcohol treatment programs.
(d) REPORT.—The Bureau of Prisons shall transmit
to the Congress on January 1, 2002, and on January 1
of each year thereafter, a report. Such report shall
contain—
(1) a detailed quantitative and qualitative de-
scription of each substance abuse treatment program,
residential or not, operated by the Bureau; and
(2) a complete statement of to what extent the
Bureau has achieved compliance with the require-
ments of this title.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums are
necessary to carry out this title.
TITLE VII—STUDY OF THE EF-
FECT OF MANDATORY MIN-
IMUM SENTENCES FOR NON-
VIOLENT CONTROLLED SUB-
STANCE OFFENSES
SEC. 701. FINDINGS.
The Congress finds that—
(1) there is substantial evidence that mandatory
minimum sentences disproportionately affect people of
color and especially African-Americans;
(2) the use of mandatory minimum sentences has
torn apart African-American families and taken a
horrible toll on the African-American community;
(3) from 1980 to 1992, the height of the so-called
‘‘War on Drugs,’’ the rate of incarceration in prisons
rose from 139 to 332 per 100,000 residents and 84
percent of the increase in State prison admissions
was for nonviolent offenders;
(4) if incarceration rates remain unchanged,
Justice Department data indicate that an estimated
1 in 20 of today’s children will serve time in prison
during their lifetime;
(5) the rate of imprisonment for black men is 8.5
times that of white men, a rate of 3,098 per 100,000,
compared with a white rate of 370;
(6) over the last 10 years, the black male rate of
incarceration increased at a rate of 10 times the rate
of that of white men;
(7) if the current rate of incarceration remains
unchanged, 28.5 percent of black men will be confined
at least once in their lifetime, a figure 6 times that
of white men;
(8) black women are incarcerated at a rate of 8
times that of white women;
(9) while the proportion of black drug users has
hovered at 15 percent, blacks constitute 36 percent of
those arrested for drug possession; and
(10) between 1990 and 1996, 82 percent of the
increase in black Federal inmates was due to drug of-
fenses.
SEC. 702. DEPARTMENT OF JUSTICE STUDY.
The Attorney General shall within 1 year after the en-
actment of this Act to the Committees on the Judiciary of
the House of Representatives and Senate issue a report on
the racial impact of mandatory minimum sentences for
controlled substance offenses, their effectiveness in reducing
drug-related crime by nonviolent offenders in contrast with
other approaches such as drug treatment programs, and the
appropriateness of the use of such sentences on nonviolent
offenders.
TITLE VIII—RULE OF
CONSTRUCTION
SEC. 801. RULE OF CONSTRUCTION.
Notwithstanding any other provision of this Act, noth-
ing in this Act shall be construed to impose any new man-
datory minimum sentences.
Amend the title so as to read: ‘‘A bill to provide for
the punishment of methamphetamine laboratory opera-
tors, provide additional resources to combat methamphet-
amine production, trafficking, and abuse in the United
States, and for other purposes.’’.
Union Calendar No. 529
106TH CONGRESS
2D SESSION
H. R. 2987
[Report No. 106–878, Part I]
A BILL
To provide for the punishment of methamphet-
amine laboratory operators, provide additional re-
sources to combat methamphetamine production,
trafficking, and abuse in the United States, and
for other purposes.
SEPTEMBER 21, 2000
Reported from the Committee on the Judiciary with
amendments
SEPTEMBER 21, 2000
Referral to the Committee on Commerce extended until
September 21, 2000
SEPTEMBER 21, 2000
The Committee on Commerce discharged; committed to
the Committee of the Whole House on the State of the
Union and ordered to be printed