104TH CONGRESS
2D SESSION
H. R. 3852
AN ACT
To prevent the illegal manufacturing and use of
methamphetamine.
104TH CONGRESS
2D SESSION
H. R. 3852
AN ACT
To prevent the illegal manufacturing and use of
methamphetamine.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Comprehensive Methamphetamine Control Act of 1996’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
TITLE I—IMPORTATION OF METHAMPHETAMINE AND
PRECURSOR CHEMICALS
Sec. 101. Support for international efforts to control drugs.
Sec. 102. Penalties for manufacture of listed chemicals outside the United
States with intent to import them into the United States.
TITLE II—PROVISIONS TO CONTROL THE MANUFACTURE OF
METHAMPHETAMINE
Sec. 201. Seizure and forfeiture of regulated chemicals.
Sec. 202. Study and report on measures to prevent sales of agents used in
methamphetamine production.
Sec. 203. Increased penalties for manufacture and possession of equipment
used to make controlled substances.
Sec. 204. Addition of iodine and hydrochloric gas to list II.
Sec. 205. Civil penalties for firms that supply precursor chemicals.
Sec. 206. Injunctive relief.
Sec. 207. Restitution for cleanup of clandestine laboratory sites.
Sec. 208. Record retention.
Sec. 209. Technical amendments.
Sec. 210. Withdrawal of regulations.
TITLE III—INCREASED PENALTIES FOR TRAFFICKING AND
MANUFACTURE OF METHAMPHETAMINE AND PRECURSORS
Sec. 301. Trafficking in methamphetamine penalty increases.
Sec. 302. Penalty increases for trafficking in listed chemicals.
Sec. 303. Enhanced penalty for dangerous handling of controlled substances:
amendment of sentencing guidelines.
TITLE IV—LEGAL MANUFACTURE, DISTRIBUTION, AND SALE OF
PRECURSOR CHEMICALS
Sec. 401. Diversion of certain precursor chemicals.
Sec. 402. Mail order restrictions.
TITLE V—EDUCATION AND RESEARCH
Sec. 501. Interagency methamphetamine task force.
Sec. 502. Public health monitoring.
Sec. 503. Public-private education program.
Sec. 504. Suspicious orders task force.
TITLE 
I—IMPORTATION 
OF
METHAMPHETAMINE 
AND
PRECURSOR CHEMICALS
SEC. 101. SUPPORT FOR INTERNATIONAL EFFORTS TO CON-
TROL DRUGS.
The Attorney General, in consultation with the Sec-
retary of State, shall coordinate international drug en-
forcement efforts to decrease the movement of meth-
amphetamine and methamphetamine precursors into the
United States.
SEC. 102. PENALTIES FOR MANUFACTURE OF LISTED
CHEMICALS OUTSIDE THE UNITED STATES
WITH INTENT TO IMPORT THEM INTO THE
UNITED STATES.
(a) UNLAWFUL IMPORTATION.—Section 1009(a) of
the Controlled Substances Import and Export Act (21
U.S.C. 959(a)) is amended—
(1) in the matter before paragraph (1), by in-
serting ‘‘or listed chemical’’ after ‘‘schedule I or II’’;
and
(2) in paragraphs (1) and (2), by inserting ‘‘or
chemical’’ after ‘‘substance’’.
(b) UNLAWFUL MANUFACTURE OR DISTRIBUTION.—
Paragraphs (1) and (2) of section 1009(b) of the Con-
trolled Substances Import and Export Act (21 U.S.C.
959(b)) are amended by inserting ‘‘or listed chemical’’
after ‘‘controlled substance’’.
(c) PENALTIES.—Section 1010(d) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(d)) is
amended—
(1) in paragraph (5), by striking ‘‘or’’ at the
end;
(2) in paragraph (6), by striking the comma at
the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(7) manufactures, possesses with intent to dis-
tribute, or distributes a listed chemical in violation
of section 959 of this title.’’.
TITLE II—PROVISIONS TO CON-
TROL THE MANUFACTURE OF
METHAMPHETAMINE
SEC. 201. SEIZURE AND FORFEITURE OF REGULATED
CHEMICALS.
(a) PENALTIES FOR SIMPLE POSSESSION.—Section
404 of the Controlled Substances Act (21 U.S.C. 844) is
amended—
(1) in subsection (a)—
(A) by adding after the first sentence the
following: ‘‘It shall be unlawful for any person
knowingly or intentionally to possess any list I
chemical obtained pursuant to or under author-
ity of a registration issued to that person under
section 303 of this title or section 1008 of title
III if that registration has been revoked or sus-
pended, if that registration has expired, or if
the registrant has ceased to do business in the
manner contemplated by his registration.’’; and
(B) by striking ‘‘drug or narcotic’’ and in-
serting ‘‘drug, narcotic, or chemical’’ each place
it appears; and
(2) in subsection (c), by striking ‘‘drug or nar-
cotic’’ and inserting ‘‘drug, narcotic, or chemical’’.
(b) FORFEITURES.—Section 511(a) of the Controlled
Substances Act (21 U.S.C. 881(a)) is amended—
(1) in paragraphs (2) and (6), by inserting ‘‘or
listed chemical’’ after ‘‘controlled substance’’ each
place it appears; and
(2) in paragraph (9), by—
(A) inserting ‘‘dispensed, acquired,’’ after
‘‘distributed,’’ both places it appears; and
(B) striking ‘‘a felony provision of’’.
(c) SEIZURE.—Section 607 of the Tariff Act of 1930
(19 U.S.C. 1607) is amended—
(1) in subsection (a)(3), by inserting ‘‘or listed
chemical’’ after ‘‘controlled substance’’; and
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) As used in this section, the terms ‘controlled
substance’ and ‘listed chemical’ have the meaning given
such terms in section 102 of the Controlled Substances
Act (21 U.S.C. 802).’’.
SEC. 202. STUDY AND REPORT ON MEASURES TO PREVENT
SALES OF AGENTS USED IN METHAMPHET-
AMINE PRODUCTION.
(a) STUDY.—The Attorney General of the United
States shall conduct a study on possible measures to effec-
tively prevent the diversion of red phosphorous, iodine, hy-
drochloric gas, and other agents for use in the production
of methamphetamine. Nothing in this section shall pre-
clude the Attorney General from taking any action the At-
torney General already is authorized to take with regard
to the regulation of listed chemicals under current law.
(b) REPORT.—Not later than January 1, 1998, the
Attorney General shall submit a report to the Congress
of its findings pursuant to the study conducted under sub-
section (a) on the need for and advisability of preventive
measures.
(c) CONSIDERATIONS.—In developing recommenda-
tions under subsection (b), the Attorney General shall con-
sider—
(1) the use of red phosphorous, iodine, hydro-
chloric gas, and other agents in the illegal manufac-
ture of methamphetamine;
(2) the use of red phosphorous, iodine, hydro-
chloric gas, and other agents for legal purposes, and
the impact any regulations may have on these pur-
poses; and
(3) comments and recommendations from law
enforcement, manufacturers of such chemicals, and
the consumers of such chemicals for legal purposes.
SEC. 203. INCREASED PENALTIES FOR MANUFACTURE AND
POSSESSION OF EQUIPMENT USED TO MAKE
CONTROLLED SUBSTANCES.
(a) IN GENERAL.—Section 403(d) of the Controlled
Substances Act (21 U.S.C. 843(d)) is amended—
(1) by striking ‘‘(d) Any person’’ and inserting
‘‘(d)(1) Except as provided in paragraph (2), any
person’’; and
(2) by adding at the end the following:
‘‘(2) Any person who violates paragraph (6) or (7)
of subsection (a), if the controlled substance is meth-
amphetamine, shall be sentenced to a term of imprison-
ment of not more than 10 years, a fine under title 18,
United States Code, or both; except that if any person
commits such a violation after one or more prior convic-
tions of that person—
‘‘(A) for a violation of paragraph (6) or (7) of
subsection (a);
‘‘(B) for a felony under any other provision of
this subchapter or subchapter II of this chapter; or
‘‘(C) under any other law of the United States
or any State relating to controlled substances or list-
ed chemicals,
has become final, such person shall be sentenced to a term
of imprisonment of not more than 20 years, a fine under
title 18, United States Code, or both.’’.
(b) SENTENCING COMMISSION.—The United States
Sentencing Commission shall amend the sentencing guide-
lines to ensure that the manufacture of methamphetamine
in violation of section 403(d)(2) of the Controlled Sub-
stances Act, as added by subsection (a), is adequately pun-
ished.
(c) TECHNICAL AMENDMENT.—Section 403(d) of the
Controlled Substances Act (21 U.S.C. 843(d)) is amend-
ed—
(1) by striking ‘‘of not more than $30,000’’ and
inserting ‘‘under title 18, United States Code’’; and
(2) by striking ‘‘of not more than $60,000’’ and
inserting ‘‘under title 18, United States Code’’.
SEC. 204. ADDITION OF IODINE AND HYDROCHLORIC GAS
TO LIST II.
(a) IN GENERAL.—Section 102(35) of the Controlled
Substances Act (21 U.S.C. 802(35)) is amended by adding
the end the following:
‘‘(I) Iodine.
‘‘(J) Hydrochloric gas.’’.
(b) IMPORTATION
AND
EXPORTATION
REQUIRE-
MENTS.—(1) Iodine shall not be subject to the require-
ments for listed chemicals provided in section 1018 of the
Controlled Substances Import and Export Act (21 U.S.C.
971).
(2) EFFECT OF EXCEPTION.—The exception made by
paragraph (1) shall not limit the authority of the Attorney
General to impose the requirements for listed chemicals
provided in section 1018 of the Controlled Substances Im-
port and Export Act (21 U.S.C. 971).
SEC. 205. CIVIL PENALTIES FOR FIRMS THAT SUPPLY PRE-
CURSOR CHEMICALS.
(a) OFFENSES.—Section 402(a) of the Controlled
Substances Act (21 U.S.C. 842(a)) is amended—
(1) in paragraph (9), by striking ‘‘or’’ after the
semicolon;
(2) in paragraph (10), by striking the period
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(11) to distribute a laboratory supply to a per-
son who uses, or attempts to use, that laboratory
supply to manufacture a controlled substance or a
listed chemical, in violation of this title or title III,
with reckless disregard for the illegal uses to which
such a laboratory supply will be put.
As used in paragraph (11), the term ‘laboratory supply’
means a listed chemical or any chemical, substance, or
item on a special surveillance list published by the Attor-
ney General, which contains chemicals, products, mate-
rials, or equipment used in the manufacture of controlled
substances and listed chemicals. For purposes of para-
graph (11), there is a rebuttable presumption of reckless
disregard at trial if the Attorney General notifies a firm
in writing that a laboratory supply sold by the firm, or
any other person or firm, has been used by a customer,
or distributed further by that customer, for the unlawful
production of controlled substances or listed chemicals a
firm distributes and 2 weeks or more after the notification
the notified firm distributes a laboratory supply to the cus-
tomer.’’.
(b) CIVIL PENALTY.—Section 402(c)(2) of the Con-
trolled Substances Act (21 U.S.C. 842(c)(2)) is amended
by adding at the end the following:
‘‘(C) In addition to the penalties set forth else-
where in this title or title III, any business that vio-
lates paragraph (11) of subsection (a) shall, with re-
spect to the first such violation, be subject to a civil
penalty of not more than $250,000, but shall not be
subject to criminal penalties under this section, and
shall, for any succeeding violation, be subject to a
civil fine of not more than $250,000 or double the
last previously imposed penalty, whichever is great-
er.’’.
SEC. 206. INJUNCTIVE RELIEF.
(a) TEN-YEAR INJUNCTION MAJOR OFFENSES.—
Section 401(f) of the Controlled Substances Act (21
U.S.C. 841(f)) is amended by—
(1) inserting ‘‘manufacture, exportation,’’ after
‘‘distribution,’’; and
(2) striking ‘‘regulated’’.
(b) TEN-YEAR INJUNCTION OTHER OFFENSES.—
Section 403 of the Controlled Substances Act (21 U.S.C.
843) is amended—
(1) in subsection (e), by—
(A) inserting ‘‘manufacture, exportation,’’
after ‘‘distribution,’’; and
(B) striking ‘‘regulated’’; and
(2) by adding at the end the following:
‘‘(f) INJUNCTIONS.—(1) In addition to any penalty
provided in this section, the Attorney General is author-
ized to commence a civil action for appropriate declaratory
or injunctive relief relating to violations of this section or
section 402.
‘‘(2) Any action under this subsection may be
brought in the district court of the United States for the
district in which the defendant is located or resides or is
doing business.
‘‘(3) Any order or judgment issued by the court pur-
suant to this subsection shall be tailored to restrain viola-
tions of this section or section 402.
‘‘(4) The court shall proceed as soon as practicable
to the hearing and determination of such an action. An
action under this subsection is governed by the Federal
Rules of Civil Procedure except that, if an indictment has
been returned against the respondent, discovery is gov-
erned by the Federal Rules of Criminal Procedure.’’.
SEC. 207. RESTITUTION FOR CLEANUP OF CLANDESTINE
LABORATORY SITES.
Section 413 of the Controlled Substances Act (21
U.S.C. 853) is amended by adding at the end the follow-
ing:
‘‘(q) The court, when sentencing a defendant con-
victed of an offense under this title or title III involving
the manufacture of methamphetamine, may—
‘‘(1) order restitution as provided in sections
3612 and 3664 of title 18, United States Code;
‘‘(2) order the defendant to reimburse the Unit-
ed States for the costs incurred by the United States
for the cleanup associated with the manufacture of
methamphetamine by the defendant; and
‘‘(3) order restitution to any person injured as
a result of the offense as provided in section 3663
of title 18, United States Code.’’.
SEC. 208. RECORD RETENTION.
Section 310(a)(1) of the Controlled Substances Act
(21 U.S.C. 830(a)(1)) is amended by striking the dash
after ‘‘transaction’’ and subparagraphs (A) and (B) and
inserting ‘‘for two years after the date of the trans-
action.’’.
SEC. 209. TECHNICAL AMENDMENTS.
Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended—
(1) in paragraph (34), by amending subpara-
graphs (P), (S), and (U) to read as follows:
‘‘(P) Isosafrole.
‘‘(S) N-Methylephedrine.
‘‘(U) Hydriodic acid.’’; and
(2) in paragraph (35), by amending subpara-
graph (G) to read as follows:
‘‘(G) 2-Butanone (or Methyl Ethyl Ke-
tone).’’.
SEC. 210. WITHDRAWAL OF REGULATIONS.
The final rule concerning removal of exemption for
certain pseudoephedrine products marketed under the
Federal Food, Drug, and Cosmetic Act published in the
Federal Register on August 7, 1996 (61 FR 40981–
40993) is null and void and of no force or effect.
TITLE 
III—INCREASED 
PEN-
ALTIES 
FOR 
TRAFFICKING
AND 
MANUFACTURE 
OF
METHAMPHETAMINE 
AND
PRECURSORS
SEC. 301. TRAFFICKING IN METHAMPHETAMINE PENALTY
INCREASES.
(a) CONTROLLED SUBSTANCES ACT.—
(1) 
LARGE
AMOUNTS.—Section
401(b)(1)(A)(viii) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(A)(viii)) is amended by—
(A) striking ‘‘100 grams or more of meth-
amphetamine,’’ and inserting ‘‘50 grams or
more of methamphetamine,’’; and
(B) striking ‘‘1 kilogram or more of a mix-
ture or substance containing a detectable
amount of methamphetamine’’ and inserting
‘‘500 grams or more of a mixture or substance
containing a detectable amount of methamphet-
amine’’.
(2) 
SMALLER
AMOUNTS.—Section
401(b)(1)(B)(viii) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(B)(viii)) is amended by—
(A) striking ‘‘10 grams or more of meth-
amphetamine,’’ and inserting ‘‘5 grams or more
of methamphetamine,’’; and
(B) striking ‘‘100 grams or more of a mix-
ture or substance containing a detectable
amount of methamphetamine’’ and inserting
‘‘50 grams or more of a mixture or substance
containing a detectable amount of methamphet-
amine’’.
(b) IMPORT AND EXPORT ACT.—
(1) LARGE AMOUNTS.—Section 1010(b)(1)(H)
of the Controlled Substances Import and Export Act
(21 U.S.C. 960(b)(1)(H)) is amended by—
(A) striking ‘‘100 grams or more of meth-
amphetamine,’’ and inserting ‘‘50 grams or
more of methamphetamine,’’; and
(B) striking ‘‘1 kilogram or more of a mix-
ture or substance containing a detectable
amount of methamphetamine’’ and inserting
‘‘500 grams or more of a mixture or substance
containing a detectable amount of methamphet-
amine’’.
(2) 
SMALLER
AMOUNTS.—Section
1010(b)(2)(H) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)(2)(H)) is amend-
ed by—
(A) striking ‘‘10 grams or more of meth-
amphetamine,’’ and inserting ‘‘5 grams or more
of methamphetamine,’’; and
(B) striking ‘‘100 grams or more of a mix-
ture or substance containing a detectable
amount of methamphetamine’’ and inserting
‘‘50 grams or more of a mixture or substance
containing a detectable amount of methamphet-
amine’’.
SEC. 302. PENALTY INCREASES FOR TRAFFICKING IN LIST-
ED CHEMICALS.
(a) 
CONTROLLED
SUBSTANCES
ACT.—Section
401(d) of the Controlled Substances Act (21 U.S.C.
841(d)) is amended by striking the period and inserting
the following: ‘‘or, with respect to a violation of paragraph
(1) or (2) of this subsection involving a list I chemical,
if the Government proves the quantity of controlled sub-
stance that could reasonably have been manufactured in
a clandestine setting using the quantity of list I chemicals
possessed or distributed, the penalty corresponding to the
quantity of controlled substance that could have been pro-
duced under subsection (b).’’.
(b) CONTROLLED SUBSTANCE IMPORT AND EXPORT
ACT.—Section 1010(d) of the Controlled Substance Im-
port and Export Act (21 U.S.C. 960(d)) is amended by
striking the period and inserting the following: ‘‘, or, with
respect to an importation violation of paragraph (1) or
(3) of this subsection involving a list I chemical, if the
Government proves the quantity of controlled substance
that could reasonably have been manufactured in a clan-
destine setting using the quantity of list I chemicals im-
ported, the penalty corresponding to the quantity of con-
trolled substance that could have been produced under
title II.’’.
(c) DETERMINATION OF QUANTITY.—
(1) IN GENERAL.—For the purposes of this sec-
tion and the amendments made by this section, the
quantity of controlled substance that could reason-
ably have been manufactured shall be determined by
using a table of manufacturing conversion ratios for
list I chemicals.
(2) TABLE.—The table shall be—
(A) established by the United States Sen-
tencing Commission based on scientific, law en-
forcement, and other data the Sentencing Com-
mission deems appropriate; and
(B) dispositive of this issue.
SEC. 303. ENHANCED PENALTY FOR DANGEROUS HAN-
DLING 
OF 
CONTROLLED 
SUBSTANCES:
AMENDMENT OF SENTENCING GUIDELINES.
(a) IN GENERAL.—Pursuant to its authority under
section 994 of title 28, United States Code, the United
States Sentencing Commission shall determine whether
the Sentencing Guidelines adequately punish an offense
described in subsection (b) and, if not, promulgate guide-
lines or amend existing guidelines to provide an appro-
priate enhancement of the punishment for a defendant
convicted of that offense.
(b) OFFENSE.—The offense referred to in subsection
(a) is a violation of section 401(d), 401(g)(1), 403(a)(6),
or 403(a)(7) of the Controlled Substances Act (21 U.S.C.
841(d), 841(g)(1), 843(a)(6), and 843(a)(7)), if in the
commission of the offense the defendant violated—
(1) subsection (d) or (e) of section 3008 of the
Solid Waste Disposal Act (relating to handling haz-
ardous waste in a manner inconsistent with Federal
or applicable State law);
(2) section 103(b) of the Comprehensive Envi-
ronmental Response, Compensation and Liability
Act (relating to failure to notify as to the release of
a reportable quantity of a hazardous substance into
the environment);
(3) 
section 
301(a), 
307(d), 
309(c)(2),
309(c)(3), 311(b)(3), or 311(b)(5) of the Federal
Water Pollution Control Act (relating to the unlaw-
ful discharge of pollutants or hazardous substances,
the operation of a source in violation of a
pretreatment standard, and the failure to notify as
to the release of a reportable quantity of a hazard-
ous substance into the water); or
(4) section 5124 of title 49, United States Code
(relating to violations of laws and regulations en-
forced by the Department of Transportation with re-
spect to the transportation of hazardous material).
TITLE 
IV—LEGAL 
MANUFAC-
TURE, 
DISTRIBUTION, 
AND
SALE OF PRECURSOR CHEMI-
CALS
SEC. 401. DIVERSION OF CERTAIN PRECURSOR CHEMI-
CALS.
(a) IN GENERAL.—Section 102(39) of the Controlled
Substances Act (21 U.S.C. 802(39)) is amended—
(1) in subparagraph (A)(iv)(I)(aa), by striking
‘‘as’’ through the semicolon and inserting ‘‘,
pseudoephedrine or its salts, optical isomers, or salts
of optical isomers, or phenylpropanolamine or its
salts, optical isomers, or salts of optical isomers un-
less otherwise provided by regulation of the Attorney
General issued pursuant to section 204(e) of this
title;’’; and
(2) in subparagraph (A)(iv)(II), by inserting ‘‘,
pseudoephedrine, 
phenylpropanolamine,’’ 
after
‘‘ephedrine’’.
(b) LEGITIMATE RETAILERS.—Section 102 of the
Controlled Substances Act (21 U.S.C. 802) is amended—
(1) in paragraph (39)(A)(iv)(I)(aa), by insert-
ing before the semicolon the following: ‘‘, except that
any 
sale 
of 
ordinary 
over-the-counter
pseudoephedrine, phenylpropanolamine, or combina-
tion ephedrine products by retail distributors shall
not be a regulated transaction (except as provided in
section 401(d) of the Comprehensive Methamphet-
amine Control Act of 1996)’’;
(2) in paragraph (39)(A)(iv)(II), by inserting
before the semicolon the following: ‘‘, except that the
threshold for any sale of pseudoephedrine, phenyl-
propanolamine, or combination ephedrine products
by retail distributors or by distributors required to
submit reports by section 310(b)(3) of this title shall
be 24 grams of pseudoephedrine, 24 grams of phen-
ylpropanolamine, or 24 grams of ephedrine in a sin-
gle transaction’’;
(3) by redesignating paragraph (43) relating to
felony drug offense as paragraph (44); and
(4) by adding at the end the following:
‘‘(45) The term ‘ordinary over-the-counter
pseudoephedrine, phenylpropanolamine, or combina-
tion ephedrine product’ means any product contain-
ing 
pseudoephedrine, 
phenylpropanolamine, 
or
ephedrine (where the ephedrine is combined with
therapeutically significant quantities of another ac-
tive medicinal ingredient) that is—
‘‘(A) regulated pursuant to this title; and
‘‘(B)(i) except for liquids, sold in package
sizes 
of 
not 
more 
than 
3.0 
grams 
of
pseudoephedrine base, 3.0 grams of phenyl-
propanolamine base or 2.0 grams of ephedrine
base, and that is packaged in blister packs,
each blister containing not more than two dos-
age units, or where the use of blister packs is
technically infeasible, that is packaged in unit
dose packets or pouches; and
‘‘(ii) for liquids, sold in package sizes of
not more than 3.0 grams of pseudoephedrine
base or 3.0 grams of phenylpropanolamine base.
‘‘(46)(A) The term ‘retail distributor’ means a
grocery store, general merchandise store, drug store,
or other entity or person whose activities as a dis-
tributor 
relating 
to 
pseudoephedrine, 
phenyl-
propanolamine, or combination ephedrine products
are limited almost exclusively to sales for personal
use, both in number of sales and volume of sales, ei-
ther directly to walk-in customers or in face-to-face
transactions by direct sales.
‘‘(B) For purposes of this paragraph, sale for
personal use means the sale of below-threshold quan-
tities in a single transaction to an individual for le-
gitimate medical use.
‘‘(C) For purposes of this paragraph, entities
are defined by reference to the Standard Industrial
Classification (SIC) code, as follows:
‘‘(i) A grocery store is an entity within SIC
code 5411.
‘‘(ii) A general merchandise store is an en-
tity within SIC codes 5300 through 5399 and
5499.
‘‘(iii) A drug store is an entity within SIC
code 5912.
‘‘(47) The term ‘combination ephedrine prod-
uct’ means a drug product containing ephedrine or
its salts, optical isomers, or salts of optical isomers
and therapeutically significant quantities of another
active medicinal ingredient.’’.
(c) REINSTATEMENT
OF
LEGAL
DRUG
EXEMP-
TION.—Section 204 of the Controlled Substances Act (21
U.S.C. 814) is amended by adding at the end the following
new subsection:
‘‘(e) REINSTATEMENT
OF EXEMPTION WITH RE-
SPECT TO EPHEDRINE, PSEUDOEPHEDRINE, AND PHEN-
YLPROPANOLAMINE DRUG PRODUCTS.—Pursuant to sub-
section (d)(1), the Attorney General shall by regulation
reinstate the exemption with respect to a particular ephed-
rine, pseudoephedrine, or phenylpropanolamine drug prod-
uct if the Attorney General determines that the drug prod-
uct is manufactured and distributed in a manner that pre-
vents diversion. In making this determination the Attorney
General shall consider the factors listed in subsection
(d)(2). Any regulation issued pursuant to this subsection
may be amended or revoked based on the factors listed
in subsection (d)(4).’’.
(d) REGULATION OF RETAIL SALES.—
(1) PSEUDOEPHEDRINE.—
(A) LIMIT.—
(i) IN
GENERAL.—Not sooner than
the effective date of this section and sub-
ject to the requirements of clause (ii), the
Attorney General may establish by regula-
tion a single-transaction limit of 24 grams
of pseudoephedrine base for retail distribu-
tors. Notwithstanding any other provision
of law, the single-transaction threshold
quantity for pseudoephedrine-containing
compounds may not be lowered beyond
that established in this paragraph.
(ii) CONDITIONS.—In order to estab-
lish a single-transaction limit of 24 grams
of pseudoephedrine base, the Attorney
General shall determine, following notice,
comment, and an informal hearing that
since the date of the enactment of this Act
there are a significant number of instances
where 
ordinary 
over-the-counter
pseudoephedrine products as established in
paragraph (45) of section 102 of the Con-
trolled Substances Act (21 U.S.C. 802
(45)), as added by this Act, sold by retail
distributors as established in paragraph
(46) in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802(46)), are being
widely used as a significant source of pre-
cursor chemicals for illegal manufacture of
a controlled substance for distribution or
sale.
(B) VIOLATION.—Any individual or busi-
ness that violates the thresholds established in
this paragraph shall, with respect to the first
such violation, receive a warning letter from the
Attorney General and, if a business, the busi-
ness shall be required to conduct mandatory
education of the sales employees of the firm
with 
regard 
to 
the 
legal 
sales 
of
pseudoephedrine. For a second violation occur-
ring within 2 years of the first violation, the
business or individual shall be subject to a civil
penalty of not more than $5,000. For any sub-
sequent violation occurring within 2 years of
the previous violation, the business or individual
shall be subject to a civil penalty not to exceed
the amount of the previous civil penalty plus
$5,000.
(2) PHENYLPROPANOLAMINE.—
(A) LIMIT.—
(i) IN
GENERAL.—Not sooner than
the effective date of this section and sub-
ject to the requirements of clause (ii), the
Attorney General may establish by regula-
tion a single-transaction limit of 24 grams
of phenylpropanolamine base for retail dis-
tributors. Notwithstanding any other provi-
sion of law, the single-transaction thresh-
old quantity for phenylpropanolamine-con-
taining compounds may not be lowered be-
yond that established in this paragraph.
(ii) CONDITIONS.—In order to estab-
lish a single-transaction limit of 24 grams
of phenylpropanolamine base, the Attorney
General shall determine, following notice,
comment, and an informal hearing, that
since the date of the enactment of this Act
there are a significant number of instances
where ordinary over-the-counter phenyl-
propanolamine products as established in
paragraph (45) of section 102 of the Con-
trolled 
Substances 
Act 
(21 
U.S.C.
802(45)), as added by this Act, sold by re-
tail distributors as established in para-
graph (46) in section 102 of the Controlled
Substances Act (21 U.S.C. 802(46)), are
being widely used as a significant source of
precursor chemicals for illegal manufacture
of a controlled substance for distribution
or sale.
(B) VIOLATION.—Any individual or busi-
ness that violates the thresholds established in
this paragraph shall, with respect to the first
such violation, receive a warning letter from the
Attorney General and, if a business, the busi-
ness shall be required to conduct mandatory
education of the sales employees of the firm
with 
regard 
to 
the 
legal 
sales 
of
pseudoephedrine. For a second violation occur-
ring within 2 years of the first violation, the
business or individual shall be subject to a civil
penalty of not more than $5,000. For any sub-
sequent violation occurring within 2 years of
the previous violation, the business or individual
shall be subject to a civil penalty not to exceed
the amount of the previous civil penalty plus
$5,000.
(3) COMBINATION EPHEDRINE PRODUCTS.—
(A) LIMIT.—
(i) IN
GENERAL.—Not sooner than
the effective date of this section and sub-
ject to the requirements of clause (ii), the
Attorney General may establish by regula-
tion a single-transaction limit of 24 grams
of ephedrine base for retail distributors of
combination ephedrine products. Notwith-
standing any other provision of law, the
single-transaction threshold quantity for
combination ephedrine products may not
be lowered beyond that established in this
paragraph.
(ii) CONDITIONS.—In order to estab-
lish a single-transaction limit of 24 grams
of ephedrine base, the Attorney General
shall determine, following notice, comment,
and an informal hearing, that since the
date of the enactment of this Act there are
a significant number of instances where or-
dinary 
over-the-counter 
combination
ephredrine products as established in para-
graph (45) of section 102 of the Controlled
Substances Act (21 U.S.C. 802(45)), as
added by this Act, sold by retail distribu-
tors as established in paragraph (46) in
section 102 of the Controlled Substances
Act (21 U.S.C. 802(46)), are being widely
used as a significant source of precursor
chemicals for illegal manufacture of a con-
trolled substance for distribution or sale.
(B) VIOLATION.—Any individual or busi-
ness that violates the thresholds established in
this paragraph shall, with respect to the first
such violation, receive a warning letter from the
Attorney General and, if a business, the busi-
ness shall be required to conduct mandatory
education of the sales employees of the firm
with regard to the legal sales of combination
ephedrine products. For a second violation oc-
curring within 2 years of the first violation, the
business or individual shall be subject to a civil
penalty of not more than $5,000. For any sub-
sequent violation occurring within 2 years of
the previous violation, the business or individual
shall be subject to a civil penalty not to exceed
the amount of the previous civil penalty plus
$5,000.
(4) SIGNIFICANT NUMBER OF INSTANCES.—(A)
For purposes of this subsection, isolated or infre-
quent use, or use in insubstantial quantities, of ordi-
nary over-the-counter pseudoephedrine, over-the-
counter phenylpropanolamine, or over the counter
combination ephedrine, and sold at the retail level,
for the illicit manufacture of a controlled substance
may not be used by the Attorney General as the
basis for establishing the conditions for establishing
a single transaction limit under this section.
(B) In making a determination under para-
graph (1)(A)(ii), paragraph (2)(A)(ii), or paragraph
(3)(A)(ii), the Attorney General shall consult with
the Secretary of Health and Human Services in
order to consider the effects on public health that
would occur from the establishment of new single
transaction limits under this section.
(C) After making a determination under para-
graph (1)(A)(ii), paragraph (2)(A)(ii), or paragraph
(3)(A)(ii), the Attorney General shall transmit a re-
port to the Committees on the Judiciary of the
House of Representatives and the Senate in which
the Attorney General will provide the factual basis
for establishing the new single transaction limits
under this section.
(5) DEFINITION OF BUSINESS.—For purposes
of this subsection, the term ‘‘business’’ means the
entity that makes the direct sale and does not in-
clude the parent company of a business not involved
in a direct sale regulated by this subsection.
(6) JUDICIAL REVIEW.—Any regulation promul-
gated by the Attorney General under this section
shall be subject to judicial review pursuant to section
507 of the Controlled Substances Act (21 U.S.C.
877).
(e) EFFECT
ON
THRESHOLDS.—Nothing in the
amendments made by subsection (b) or the provisions of
subsection (d) shall affect the authority of the Attorney
General to modify thresholds (including cumulative
thresholds) for retail distributors for products other than
ordinary 
over-the-counter 
pseudoephedrine, 
phenyl-
propanolamine, or combination ephedrine products (as de-
fined in section 102(45) of the Controlled Substances Act,
as added by this section) or for non-retail distributors, im-
porters, or exporters.
(f) EFFECTIVE DATE OF THIS SECTION.—Notwith-
standing any other provision of this Act, this section shall
not apply to the sale of any pseudoephedrine, phenyl-
propanolamine, or combination ephedrine product prior to
12 months after the date of enactment of this Act.
SEC. 402. MAIL ORDER RESTRICTIONS.
Section 310(b) of the Controlled Substances Act (21
U.S.C. 830(b)) is amended by adding at the end the fol-
lowing:
‘‘(3) MAIL ORDER REPORTING.—(A) Each regu-
lated person who engages in a transaction with a
nonregulated person which—
‘‘(i) involves ephedrine, pseudoephedrine,
or phenylpropanolamine (including drug prod-
ucts containing these chemicals); and
‘‘(ii) uses or attempts to use the Postal
Service or any private or commercial carrier;
shall, on a monthly basis, submit a report of each
such transaction conducted during the previous
month to the Attorney General in such form, con-
taining such data, and at such times as the Attorney
General shall establish by regulation.
‘‘(B) The data required for such reports shall
include—
‘‘(i) the name of the purchaser;
‘‘(ii) the quantity and form of the ephed-
rine, pseudoephedrine, or phenylpropanolamine
purchased; and
‘‘(iii) the address to which such ephedrine,
pseudoephedrine, or phenylpropanolamine was
sent.’’.
TITLE V—EDUCATION AND
RESEARCH
SEC. 501. INTERAGENCY METHAMPHETAMINE TASK FORCE.
(a) ESTABLISHMENT.—There is established a ‘‘Meth-
amphetamine Interagency Task Force’’ (referred to as the
‘‘interagency task force’’) which shall consist of the follow-
ing members:
(1) The Attorney General, or a designee, who
shall serve as chair.
(2) 2 representatives selected by the Attorney
General.
(3) The Secretary of Education or a designee.
(4) The Secretary of Health and Human Serv-
ices or a designee.
(5) 2 representatives of State and local law en-
forcement and regulatory agencies, to be selected by
the Attorney General.
(6) 2 representatives selected by the Secretary
of Health and Human Services.
(7) 5 nongovernmental experts in drug abuse
prevention and treatment to be selected by the At-
torney General.
(b) RESPONSIBILITIES.—The interagency task force
shall be responsible for designing, implementing, and eval-
uating the education and prevention and treatment prac-
tices and strategies of the Federal Government with re-
spect to methamphetamine and other synthetic stimulants.
(c) MEETINGS.—The interagency task force shall
meet at least once every 6 months.
(d) FUNDING.—The administrative expenses of the
interagency task force shall be paid out of existing Depart-
ment of Justice appropriations.
(e) FACA.—The Federal Advisory Committee Act (5
U.S.C. App. 2) shall apply to the interagency task force.
(f) TERMINATION.—The interagency task force shall
terminate 4 years after the date of enactment of this Act.
SEC. 502. PUBLIC HEALTH MONITORING.
The Secretary of Health and Human Services shall
develop a public health monitoring program to monitor
methamphetamine abuse in the United States. The pro-
gram shall include the collection and dissemination of data
related to methamphetamine abuse which can be used by
public health officials in policy development.
SEC. 503. PUBLIC-PRIVATE EDUCATION PROGRAM.
(a) ADVISORY PANEL.—The Attorney General shall
establish an advisory panel consisting of an appropriate
number of representatives from Federal, State, and local
law enforcement and regulatory agencies with experience
in investigating and prosecuting illegal transactions of
precursor chemicals. The Attorney General shall convene
the panel as often as necessary to develop and coordinate
educational programs for wholesale and retail distributors
of precursor chemicals and supplies.
(b) CONTINUATION
OF CURRENT EFFORTS.—The
Attorney General shall continue to—
(1) maintain an active program of seminars and
training to educate wholesale and retail distributors
of precursor chemicals and supplies regarding the
identification of suspicious transactions and their re-
sponsibility to report such transactions; and
(2) provide assistance to State and local law en-
forcement and regulatory agencies to facilitate the
establishment and maintenance of educational pro-
grams for distributors of precursor chemicals and
supplies.
SEC. 504. SUSPICIOUS ORDERS TASK FORCE.
(a) IN GENERAL.—The Attorney General shall estab-
lish a ‘‘Suspicious Orders Task Force’’ (the ‘‘Task
Force’’) which shall consist of—