H. R. 4365—121
of the award on a core set of performance measures to be determined
by the Secretary in conjunction with the States.
‘‘(d) MATCHING REQUIREMENT.—
‘‘(1) IN GENERAL.—With respect to the costs of the program
to be carried out under subsection (a) by a State, the Secretary
may make an award under such subsection only if the applicant
agrees to make available (directly or through donations from
public or private entities) non-Federal contributions toward
such costs in an amount that is not less than 50 percent
of such costs.
‘‘(2) DETERMINATION OF AMOUNT CONTRIBUTED.—Non-Fed-
eral contributions under paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or services.
Amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount
of such contributions.
‘‘(e) DURATION OF SUPPORT.—The period during which payments
may be made for a project under subsection (a) may be not less
than 3 years nor more than 5 years.
‘‘(f ) AUTHORIZATION OF APPROPRIATION.—
‘‘(1) IN GENERAL.—For the purpose of carrying out this
section, there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 2001, 2002
and 2003.
‘‘(2) ALLOCATION.—Of the amounts appropriated under
paragraph (1) for a fiscal year, 50 percent shall be expended
to support data infrastructure development for mental health
and 50 percent shall be expended to support data infrastructure
development for substance abuse.’’.
SEC. 3405. REPEAL OF OBSOLETE ADDICT REFERRAL PROVISIONS.
(a) REPEAL
OF
OBSOLETE
PUBLIC
HEALTH
SERVICE
ACT
AUTHORITIES.—Part E of title III (42 U.S.C. 257 et seq.) is repealed.
(b) REPEAL OF OBSOLETE NARA AUTHORITIES.—Titles III and
IV of the Narcotic Addict Rehabilitation Act of 1966 (Public Law
89–793) are repealed.
(c) REPEAL OF OBSOLETE TITLE 28 AUTHORITIES.—
(1) IN GENERAL.—Chapter 175 of title 28, United States
Code, is repealed.
(2) TABLE OF CONTENTS.—The table of contents to part
VI of title 28, United States Code, is amended by striking
the items relating to chapter 175.
SEC. 3406. INDIVIDUALS WITH CO-OCCURRING DISORDERS.
The Public Health Service Act is amended by inserting after
section 503 (42 U.S.C. 290aa–2) the following:
‘‘SEC. 503A. REPORT ON INDIVIDUALS WITH CO-OCCURRING MENTAL
ILLNESS AND SUBSTANCE ABUSE DISORDERS.
‘‘(a) IN GENERAL.—Not later than 2 years after the date of
the enactment of this section, the Secretary shall, after consultation
with organizations representing States, mental health and sub-
stance abuse treatment providers, prevention specialists, individ-
uals receiving treatment services, and family members of such
individuals, prepare and submit to the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate and the Committee on
Commerce of the House of Representatives, a report on prevention
H. R. 4365—122
and treatment services for individuals who have co-occurring mental
illness and substance abuse disorders.
‘‘(b) REPORT CONTENT.—The report under subsection (a) shall
be based on data collected from existing Federal and State surveys
regarding the treatment of co-occurring mental illness and sub-
stance abuse disorders and shall include—
‘‘(1) a summary of the manner in which individuals with
co-occurring disorders are receiving treatment, including the
most up-to-date information available regarding the number
of children and adults with co-occurring mental illness and
substance abuse disorders and the manner in which funds
provided under sections 1911 and 1921 are being utilized,
including the number of such children and adults served with
such funds;
‘‘(2) a summary of improvements necessary to ensure that
individuals with co-occurring mental illness and substance
abuse disorders receive the services they need;
‘‘(3) a summary of practices for preventing substance abuse
among individuals who have a mental illness and are at risk
of having or acquiring a substance abuse disorder; and
‘‘(4) a summary of evidenced-based practices for treating
individuals with co-occurring mental illness and substance
abuse disorders and recommendations for implementing such
practices.
‘‘(c) FUNDS FOR REPORT.—The Secretary may obligate funds
to carry out this section with such appropriations as are available.’’.
SEC. 3407. SERVICES FOR INDIVIDUALS WITH CO-OCCURRING DIS-
ORDERS.
Subpart III of part B of title XIX of the Public Health Service
Act (42 U.S.C. 300x–51 et seq.) (as amended by section 3305)
is further amended by adding at the end the following:
‘‘SEC. 1956. SERVICES FOR INDIVIDUALS WITH CO-OCCURRING DIS-
ORDERS.
‘‘States may use funds available for treatment under sections
1911 and 1921 to treat persons with co-occurring substance abuse
and mental disorders as long as funds available under such sections
are used for the purposes for which they were authorized by law
and can be tracked for accounting purposes.’’.
TITLE XXXV—WAIVER AUTHORITY FOR
PHYSICIANS WHO DISPENSE OR PRE-
SCRIBE CERTAIN NARCOTIC DRUGS
FOR MAINTENANCE TREATMENT OR
DETOXIFICATION TREATMENT
SEC. 3501. SHORT TITLE.
This title may be cited as the ‘‘Drug Addiction Treatment
Act of 2000’’.
SEC. 3502. AMENDMENT TO CONTROLLED SUBSTANCES ACT.
(a) IN GENERAL.—Section 303(g) of the Controlled Substances
Act (21 U.S.C. 823(g)) is amended—
H. R. 4365—123
(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 subpara-
graphs (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 dis-
pense’’; and
(5) by adding at the end the following paragraph:
‘‘(2)(A) Subject to subparagraphs (D) and (J), the requirements
of paragraph (1) are waived in the case of the dispensing (including
the prescribing), by a practitioner, of narcotic drugs in schedule
III, IV, or V or combinations of such drugs if the practitioner
meets the conditions specified in subparagraph (B) and the narcotic
drugs or combinations of such drugs meet the conditions specified
in subparagraph (C).
‘‘(B) For purposes of subparagraph (A), the conditions specified
in this subparagraph with respect to a practitioner are that, before
the initial dispensing of narcotic drugs in schedule III, IV, or
V or combinations of such drugs to patients for maintenance or
detoxification treatment, the practitioner submit to the Secretary
a notification of the intent of the practitioner to begin dispensing
the drugs or combinations for such purpose, and that the notification
contain the following certifications by the practitioner:
‘‘(i) The practitioner is a qualifying physician (as defined
in subparagraph (G)).
‘‘(ii) With respect to patients to whom the practitioner
will provide such drugs or combinations of drugs, the practi-
tioner has the capacity to refer the patients for appropriate
counseling and other appropriate ancillary services.
‘‘(iii) In any case in which the practitioner is not in a
group practice, the total number of such patients of the practi-
tioner at any one time will not exceed the applicable number.
For purposes of this clause, the applicable number is 30, except
that the Secretary may by regulation change such total number.
‘‘(iv) In any case in which the practitioner 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 clause, 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 establish
different categories on the basis of the number of practitioners
in a group practice and establish for the various categories
different numerical limitations on the number of such patients
that the group practice may have.
‘‘(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 approved for use in mainte-
nance or detoxification treatment.
‘‘(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
H. R. 4365—124
in the Federal Register and made by the Secretary, after con-
sultation with the Attorney General, that the use of the drugs
or combinations of drugs for maintenance or detoxification
treatment requires additional standards respecting the quali-
fications of practitioners to provide such treatment, or requires
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
practitioner is not in effect unless (in addition to conditions under
subparagraphs (B) and (C)) the following conditions are met:
‘‘(I) The notification under subparagraph (B) is in writing
and states the name of the practitioner.
‘‘(II) The notification identifies the registration issued for
the practitioner pursuant to subsection (f ).
‘‘(III) If the practitioner is a member of a group practice,
the notification states the names of the other practitioners
in the practice and identifies the registrations issued for the
other practitioners pursuant to subsection (f ).
‘‘(ii) Upon receiving a notification under subparagraph (B), the
Attorney General shall assign the practitioner involved an identi-
fication number under this paragraph for inclusion with the reg-
istration issued for the practitioner pursuant to subsection (f ).
The identification number so assigned shall be appropriate to pre-
serve the confidentiality of patients for whom the practitioner has
dispensed narcotic drugs under a waiver under subparagraph (A).
‘‘(iii) Not later than 45 days after the date on which the Sec-
retary receives a notification under subparagraph (B), the Secretary
shall make a determination of whether the practitioner involved
meets all requirements for a waiver under subparagraph (B). If
the Secretary fails to make such determination by the end of the
such 45-day period, the Attorney General shall assign the physician
an identification number described in clause (ii) at the end of
such period.
‘‘(E)(i) If a practitioner is not registered under paragraph (1)
and, in violation of the conditions specified in subparagraphs (B)
through (D), dispenses narcotic drugs in schedule III, IV, or V
or combinations of such drugs for maintenance treatment or detoxi-
fication treatment, the Attorney General may, for purposes of sec-
tion 304(a)(4), consider the practitioner to have committed an act
that renders the registration of the practitioner pursuant to sub-
section (f ) to be inconsistent with the public interest.
‘‘(ii)(I) Upon the expiration of 45 days from the date on which
the Secretary receives a notification under subparagraph (B), a
practitioner who in good faith submits a notification under subpara-
graph (B) and reasonably believes that the conditions specified
in subparagraphs (B) through (D) have been met shall, in dispensing
narcotic drugs in schedule III, IV, or V or combinations of such
drugs for maintenance treatment or detoxification treatment, be
considered to have a waiver under subparagraph (A) until notified
otherwise by the Secretary, except that such a practitioner may
commence to prescribe or dispense such narcotic drugs for such
purposes prior to the expiration of such 45-day period if it facilitates
the treatment of an individual patient and both the Secretary
and the Attorney General are notified by the practitioner of the
intent to commence prescribing or dispensing such narcotic drugs.
‘‘(II) For purposes of subclause (I), the publication in the Federal
Register of an adverse determination by the Secretary pursuant
H. R. 4365—125
to subparagraph (C)(ii) shall (with respect to the narcotic drug
or combination involved) be considered to be a notification provided
by the Secretary to practitioners, effective upon the expiration
of the 30-day period beginning on the date on which the adverse
determination is so published.
‘‘(F)(i) With respect to the dispensing of narcotic drugs in
schedule III, IV, or V or combinations of such drugs to patients
for maintenance or detoxification treatment, a practitioner may,
in his or her discretion, dispense such drugs or combinations for
such treatment under a registration under paragraph (1) or a
waiver under subparagraph (A) (subject to meeting the applicable
conditions).
‘‘(ii) This paragraph may not be construed as having any legal
effect on the conditions for obtaining a registration under paragraph
(1), including with respect to the number of patients who may
be served under such a registration.
‘‘(G) For purposes of 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 ‘qualifying physician’ means a physician
who is licensed under State law and who meets one or more
of the following conditions:
‘‘(I) The physician holds a subspecialty board certifi-
cation in addiction psychiatry from the American Board
of Medical Specialties.
‘‘(II) The physician holds an addiction certification from
the American Society of Addiction Medicine.
‘‘(III) The physician holds a subspecialty board certifi-
cation in addiction medicine from the American Osteopathic
Association.
‘‘(IV) The physician has, with respect to the treatment
and management of opiate-dependent patients, completed
not less than eight hours of training (through classroom
situations, seminars at professional society meetings, elec-
tronic communications, or otherwise) that is provided by
the American Society of Addiction Medicine, the American
Academy of Addiction Psychiatry, the American Medical
Association, the American Osteopathic Association, the
American Psychiatric Association, or any other organization
that the Secretary determines is appropriate for purposes
of this subclause.
‘‘(V) The physician has participated as an investigator
in one or more clinical trials leading to the approval of
a narcotic drug in schedule III, IV, or V for maintenance
or detoxification treatment, as demonstrated by a state-
ment submitted to the Secretary by the sponsor of such
approved drug.
‘‘(VI) The physician has such other training or experi-
ence as the State medical licensing board (of the State
in which the physician will provide maintenance or detoxi-
fication treatment) considers to demonstrate the ability
of the physician to treat and manage opiate-dependent
patients.
‘‘(VII) The physician has such other training or experi-
ence as the Secretary considers to demonstrate the ability
of the physician to treat and manage opiate-dependent
patients. Any criteria of the Secretary under this subclause
H. R. 4365—126
shall be established by regulation. Any such criteria are
effective only for 3 years after the date on which the
criteria are promulgated, but may be extended for such
additional discrete 3-year periods as the Secretary con-
siders appropriate for purposes of this subclause. Such
an extension of criteria may only be effectuated through
a statement published in the Federal Register by the Sec-
retary during the 30-day period preceding the end of the
3-year period involved.
‘‘(H)(i) 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 National Institute on Drug Abuse, and the Commissioner
of Food and Drugs, the Secretary shall issue regulations (through
notice and comment rulemaking) or issue practice guidelines to
address the following:
‘‘(I) Approval of additional credentialing bodies and the
responsibilities of additional credentialing bodies.
‘‘(II) Additional exemptions from the requirements of this
paragraph and any regulations under this paragraph.
Nothing in such regulations or practice guidelines may authorize
any Federal official or employee to exercise supervision or control
over the practice of medicine or the manner in which medical
services are provided.
‘‘(ii) Not later than 120 days after the date of the enactment
of the Drug Addiction Treatment Act of 2000, the Secretary shall
issue a treatment improvement protocol containing best practice
guidelines for the treatment and maintenance of opiate-dependent
patients. The Secretary shall develop the protocol in consultation
with the Director of the National Institute on Drug Abuse, the
Administrator of the Drug Enforcement Administration, the
Commissioner of Food and Drugs, the Administrator of the Sub-
stance Abuse and Mental Health Services Administration and other
substance abuse disorder professionals. The protocol shall be guided
by science.
‘‘(I) During the 3-year period beginning on the date of the
enactment of the Drug Addiction Treatment Act of 2000, a State
may not preclude a practitioner from dispensing or prescribing
drugs in schedule III, IV, or V, or combinations of such drugs,
to patients for maintenance or detoxification treatment in accord-
ance with this paragraph unless, before the expiration of that
3-year period, the State enacts a law prohibiting a practitioner
from dispensing such drugs or combinations of drug.
‘‘(J)(i) This paragraph takes effect on the date of the enactment
of the Drug Addiction Treatment 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 purposes relating to clause (iii), the Secretary and
the Attorney General may, during the 3-year period beginning
on the date of the enactment of the Drug Addiction Treatment
Act of 2000, make determinations in accordance with the following:
‘‘(I) The Secretary may make a determination of whether
treatments provided under waivers under subparagraph (A)
H. R. 4365—127
have been effective forms of maintenance treatment and detoxi-
fication treatment in clinical settings; may make a determina-
tion of whether such waivers have significantly increased (rel-
ative to the beginning of such period) the availability of mainte-
nance treatment and detoxification treatment; and may make
a determination of whether such waivers have adverse con-
sequences for the public health.
‘‘(II) The Attorney General may 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 practitioner may provide treatment;
may make a determination of whether waivers under subpara-
graph (A) have increased (relative to the beginning of such
period) the extent to which narcotic drugs in schedule III,
IV, or V or combinations of such drugs are being dispensed
or possessed in violation of this Act; and may make a determina-
tion of whether such waivers have adverse consequences for
the public health.
‘‘(iii) If, before the expiration of the period specified in clause
(ii), the Secretary or the Attorney General publishes 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 decision 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.’’.
(b) CONFORMING AMENDMENTS.—Section 304 of the Controlled
Substances Act (21 U.S.C. 824) is amended—
(1) in subsection (a), in the matter after and below para-
graph (5), by striking ‘‘section 303(g)’’ each place such 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) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of assisting the Secretary of Health and Human Services
with the additional duties established for the Secretary pursuant
to the amendments made by this section, there are authorized
to be appropriated, in addition to other authorizations of appropria-
tions that are available for such purpose, such sums as may be
necessary for each of fiscal years 2001 through 2003.
TITLE 
XXXVI—METHAMPHETAMINE
AND 
OTHER 
CONTROLLED 
SUB-
STANCES
SEC. 3601. SHORT TITLE.
This title may be cited as the ‘‘Methamphetamine Anti-Pro-
liferation Act of 2000’’.
H. R. 4365—128
Subtitle A—Methamphetamine Production,
Trafficking, and Abuse
PART I—CRIMINAL PENALTIES
SEC. 3611. ENHANCED PUNISHMENT OF AMPHETAMINE LABORATORY
OPERATORS.
(a) AMENDMENT TO FEDERAL SENTENCING GUIDELINES.—Pursu-
ant 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 conspiracy 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) relating 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 methamphetamine; and
(2) take any other action the Commission considers nec-
essary 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 nature of such offenses, the
need for aggressive law enforcement action to fight such offenses,
and the extreme dangers associated with unlawful activity involving
amphetamines, including—
(1) the rapidly growing incidence of amphetamine 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 amphet-
amine trafficking and abuse; and
(4) the recent increase in the illegal importation of amphet-
amine and precursor chemicals.
(d) EMERGENCY AUTHORITY TO SENTENCING COMMISSION.—The
United States Sentencing Commission shall promulgate amend-
ments 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. 3612. ENHANCED PUNISHMENT OF AMPHETAMINE OR METH-
AMPHETAMINE LABORATORY OPERATORS.
(a) FEDERAL SENTENCING GUIDELINES.—
(1) IN GENERAL.—Pursuant to its authority under section
994(p) of title 28, United States Code, the United States Sen-
tencing Commission shall amend the Federal sentencing guide-
lines in accordance with paragraph (2) with respect to any
H. R. 4365—129
offense relating to the manufacture, attempt to manufacture,
or conspiracy to manufacture amphetamine or methamphet-
amine 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 paragraph, the
United States Sentencing Commission shall—
(A) if the offense created a substantial risk of harm
to human life (other than a life described in subparagraph
(B)) or the environment, increase the base offense level
for the offense—
(i) by not less than 3 offense levels above the
applicable level in effect on the date of the enactment
of this Act; or
(ii) if the resulting base offense level after an
increase under clause (i) would be less than level 27,
to not less than level 27; or
(B) if the offense created a substantial risk of harm
to the life of a minor or incompetent, increase the base
offense level for the offense—
(i) by not less than 6 offense levels above the
applicable level in effect on the date of the enactment
of this Act; or
(ii) if the resulting base offense level after an
increase under clause (i) would be less than level 30,
to not less than level 30.
(3) EMERGENCY AUTHORITY TO SENTENCING COMMISSION.—
The United States Sentencing Commission shall promulgate
amendments pursuant to this subsection 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.
(b) EFFECTIVE DATE.—The amendments made pursuant to this
section shall apply with respect to any offense occurring on or
after the date that is 60 days after the date of the enactment
of this Act.
SEC. 3613. MANDATORY RESTITUTION FOR VIOLATIONS OF CON-
TROLLED SUBSTANCES ACT AND CONTROLLED SUB-
STANCES IMPORT AND EXPORT ACT RELATING TO
AMPHETAMINE AND METHAMPHETAMINE.
(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 ‘‘methamphet-
amine’’ each place it appears;
(3) in paragraph (2)—
(A) by inserting ‘‘, the State or local government con-
cerned, or both the United States and the State or local
government concerned’’ after ‘‘United States’’ the first place
it appears; and
H. R. 4365—130
(B) by inserting ‘‘or the State or local government
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 ‘‘section 3663A of title 18,
United States Code’’.
(b) DEPOSIT OF AMOUNTS IN DEPARTMENT OF JUSTICE ASSETS
FORFEITURE FUND.—Section 524(c)(4) of title 28, United States
Code, is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (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 reimbursement
order under paragraph (2) of section 413(q) of the Con-
trolled 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 RESTITUTION.—Sec-
tion 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 RESTITU-
TION.—Section 3663A(c)(1)(A)(ii) of title 18, United States Code,
is amended by inserting ‘‘or under section 416(a) of the Controlled
Substances Act (21 U.S.C. 856(a)),’’ after ‘‘under this title,’’.
(e) TREATMENT OF ILLICIT SUBSTANCE MANUFACTURING OPER-
ATIONS AS CRIMES AGAINST PROPERTY.—Section 416 of the Con-
trolled 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. 3614. METHAMPHETAMINE PARAPHERNALIA.
Section 422(d) of the Controlled Substances Act (21 U.S.C.
863(d)) is amended in the matter preceding paragraph (1) by
inserting ‘‘methamphetamine,’’ after ‘‘PCP,’’.
PART II—ENHANCED LAW ENFORCEMENT
SEC. 3621. ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL
MANUFACTURE OF AMPHETAMINE AND METHAMPHET-
AMINE.
(a) USE OF AMOUNTS OR DEPARTMENT OF JUSTICE ASSETS FOR-
FEITURE 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 removal, for purposes
of Federal forfeiture and disposition, of any hazardous sub-
stance or pollutant or contaminant associated with the
H. R. 4365—131
illegal manufacture 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 prosecution relating to amphetamine or meth-
amphetamine, 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 IMPROVEMENT
GRANT PROGRAM.—Section 501(b)(3) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3751(b)(3)) 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 amphetamine or methamphet-
amine’’.
(c) AMOUNTS SUPPLEMENT AND NOT SUPPLANT.—
(1) ASSETS FORFEITURE FUND.—Any amounts made avail-
able 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 Control and Safe Streets Act of 1968
(42 U.S.C. 3751(b)(3)) for the removal of hazardous substances
or pollutants or contaminants associated with the illegal manu-
facture of amphetamine or methamphetamine by reason of
the amendment 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. 3622. REDUCTION IN RETAIL SALES TRANSACTION THRESHOLD
FOR 
NON-SAFE 
HARBOR 
PRODUCTS 
CONTAINING
PSEUDOEPHEDRINE OR PHENYLPROPANOLAMINE.
(a) 
REDUCTION
IN
TRANSACTION
THRESHOLD.—Section
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 appears and
inserting ‘‘9 grams’’; and
(2) by inserting before the semicolon at the end the fol-
lowing: ‘‘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 subsection
(a) shall take effect 1 year after the date of the enactment of
this Act.
SEC. 3623. TRAINING FOR DRUG ENFORCEMENT ADMINISTRATION AND
STATE AND LOCAL LAW ENFORCEMENT PERSONNEL
RELATING TO CLANDESTINE LABORATORIES.
(a) IN GENERAL.—
(1) REQUIREMENT.—The Administrator of the Drug Enforce-
ment 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
H. R. 4365—132
have significant levels of methamphetamine-related or amphet-
amine-related crime or projected by the Administrator to have
the potential for such levels of crime in the future.
(2) DURATION.—The duration of any program under that
subsection may not exceed 3 years.
(b) COVERED PROGRAMS.—The programs described in this sub-
section are as follows:
(1) ADVANCED MOBILE CLANDESTINE LABORATORY TRAINING
TEAMS.—A program of advanced mobile 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 conspiracy
cases, and other information designed to assist in the investiga-
tion of the illegal manufacturing and trafficking of amphet-
amine and methamphetamine.
(2) 
BASIC
CLANDESTINE
LABORATORY
CERTIFICATION
TRAINING.—A program of basic clandestine laboratory certifi-
cation 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 require-
ments 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 personnel for
purposes of enabling such personnel to provide the informa-
tion and training covered by subparagraph (A) to other
State and local law enforcement personnel.
(3) 
CLANDESTINE
LABORATORY
RECERTIFICATION
AND
AWARENESS TRAINING.—A program of clandestine laboratory re-
certification and awareness training, which shall provide
information and training to State and local law enforcement
personnel for purposes of enabling such personnel to provide
recertification and awareness training relating to clandestine
laboratories to additional State and local law enforcement per-
sonnel.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for each of fiscal years 2000, 2001, and 2002
amounts as follows:
(1) $1,500,000 to carry out the program described in sub-
section (b)(1).
(2) $3,000,000 to carry out the program described in sub-
section (b)(2).
(3) $1,000,000 to carry out the program described in sub-
section (b)(3).
SEC. 3624. COMBATING METHAMPHETAMINE AND AMPHETAMINE IN
HIGH INTENSITY DRUG TRAFFICKING 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 methamphetamine 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
H. R. 4365—133
Federal law enforcement personnel, or facilitating the employ-
ment of additional State and local law enforcement personnel,
including agents, investigators, prosecutors, laboratory techni-
cians, 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 2000; 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 appor-
tion 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 manufacturing
facilities and amphetamine manufacturing facilities discov-
ered by Federal, State, or local law enforcement officials
in the previous fiscal year.
(B) The number of methamphetamine prosecutions and
amphetamine prosecutions in Federal, State, or local courts
in the previous fiscal year.
(C) The number of methamphetamine arrests and
amphetamine arrests by Federal, State, or local law
enforcement officials in the previous fiscal year.
(D) The amounts of methamphetamine, amphetamine,
or listed chemicals (as that term is defined in section
102(33) of the Controlled Substances Act (21 U.S.C.
802(33)) seized by Federal, 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,
trafficking, and transportation in methamphetamine,
amphetamine, and listed chemicals (as that term is so
defined).
(2) CERTIFICATION.—Before the Director apportions any
funds under this subsection to a high intensity drug trafficking
area, the Director shall certify that the law enforcement entities
responsible for clandestine methamphetamine and amphet-
amine laboratory 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 activities under subsection (a).
SEC. 3625. COMBATING AMPHETAMINE AND METHAMPHETAMINE
MANUFACTURING AND TRAFFICKING.
(a) ACTIVITIES.—In order to combat the illegal manufacturing
and trafficking in amphetamine and methamphetamine, the
Administrator of the Drug Enforcement Administration may—
H. R. 4365—134
(1) assist State and local law enforcement in small and
mid-sized communities in all phases of investigations related
to such manufacturing and trafficking, including assistance
with foreign-language interpretation;
(2) staff additional regional enforcement and mobile
enforcement teams related to such manufacturing and traf-
ficking;
(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 Adminis-
tration with additional agents and staff to collect, evaluate,
interpret, and disseminate critical intelligence targeting the
command and control operations of major amphetamine and
methamphetamine manufacturing and trafficking organiza-
tions;
(5) enhance the investigative and related functions of the
Chemical Control Program of the Administration to implement
more fully the provisions of the Comprehensive Methamphet-
amine Control Act of 1996 (Public Law 104–237);
(6) design an effective means of requiring an accurate
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-sensitive enforcement
information from suspicious order reporting to field offices of
the Administration and other law enforcement and regulatory
agencies, including the continuing development of the Sus-
picious Order Reporting and Tracking System (SORTS) and
the Chemical Transaction Database (CTRANS) of the Adminis-
tration;
(8) establish an education, training, and communication
process in order to alert the industry to current trends and
emerging patterns in the illegal manufacturing of amphetamine
and methamphetamine; and
(9) carry out such other activities as the Administrator
considers appropriate.
(b) ADDITIONAL POSITIONS AND PERSONNEL.—
(1) IN
GENERAL.—In carrying out activities under sub-
section (a), the Administrator may establish in the Administra-
tion not more than 50 full-time positions, including not more
than 31 special-agent positions, and may appoint personnel
to such positions.
(2) PARTICULAR POSITIONS.—In carrying out activities under
paragraphs (5) through (8) of subsection (a), the Administrator
may establish in the Administration not more than 15 full-
time positions, including not more than 10 diversion investi-
gator positions, and may appoint personnel to such positions.
Any positions established under this paragraph are in addition
to any positions established under paragraph (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 authorized by subsection (a) and
employing personnel in positions established under subsection (b),