[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1965 Engrossed in Senate (ES)]
104th CONGRESS
2d Session
S. 1965
_______________________________________________________________________
AN ACT
To prevent the illegal manufacturing and use of methamphetamine.
Be it enacted by the Senate and House of Representatives 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.
Sec. 2. Findings.
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. Penalty increases for trafficking in methamphetamine.
Sec. 302. Enhanced penalties for offenses involving certain 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.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Methamphetamine is a very dangerous and harmful drug.
It is highly addictive and is associated with permanent brain
damage in long-term users.
(2) The abuse of methamphetamine has increased dramatically
since 1990. This increased use has led to devastating effects
on individuals and the community, including--
(A) a dramatic increase in deaths associated with
methamphetamine ingestion;
(B) an increase in the number of violent crimes
associated with methamphetamine ingestion; and
(C) an increase in criminal activity associated
with the illegal importation of methamphetamine and
precursor compounds to support the growing appetite for
this drug in the United States.
(3) Illegal methamphetamine manufacture and abuse presents
an imminent public health threat that warrants aggressive law
enforcement action, increased research on methamphetamine and
other substance abuse, increased coordinated efforts to prevent
methamphetamine abuse, and increased monitoring of the public
health threat methamphetamine presents to the communities of
the United States.
TITLE I--IMPORTATION OF METHAMPHETAMINE AND PRECURSOR CHEMICALS
SEC. 101. SUPPORT FOR INTERNATIONAL EFFORTS TO CONTROL DRUGS.
The Attorney General, in consultation with the Secretary of State,
shall coordinate international drug enforcement efforts to decrease the
movement of methamphetamine 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 inserting ``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 Controlled 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 distribute, or
distributes a listed chemical in violation of section 959 of
this title.''.
TITLE II--PROVISIONS TO CONTROL 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 authority 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 suspended, 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 inserting
``drug, narcotic, or chemical'' each place it appears;
and
(2) in subsection (c), by striking ``drug or narcotic'' 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 follows:
``(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 METHAMPHETAMINE PRODUCTION.
(a) Study.--The Attorney General of the United States shall conduct
a study on possible measures to effectively prevent the diversion of
red phosphorous, iodine, hydrochloric gas, and other agents for use in
the production of methamphetamine. Nothing in this section shall
preclude the Attorney General from taking any action the Attorney
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 subsection (a) on the need for and advisability
of preventive measures.
(c) Considerations.--In developing recommendations under subsection
(b), the Attorney General shall consider--
(1) the use of red phosphorous, iodine, hydrochloric gas,
and other agents in the illegal manufacture of methamphetamine;
(2) the use of red phosphorous, iodine, hydrochloric gas,
and other agents for legitimate, legal purposes, and the impact
any regulations may have on these legitimate purposes; and
(3) comments and recommendations from law enforcement,
manufacturers of such chemicals, and the consumers of such
chemicals for legitimate, 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, with the intent to manufacture or to
facilitate the manufacture of methamphetamine, violates paragraph (6)
or (7) of subsection (a), shall be sentenced to a term of imprisonment
of not more than 10 years, a fine of not more than $30,000, or both;
except that if any person commits such a violation after one or more
prior convictions 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 listed chemicals,
has become final, such person shall be sentenced to a term of
imprisonment of not more than 20 years, a fine of not more than
$60,000, or both.''.
(b) Sentencing Commission.--The United States Sentencing Commission
shall amend the sentencing guidelines to ensure that the manufacture of
methamphetamine in violation of section 403(d)(2) of the Controlled
Substances Act, as added by subsection (a), is treated as a significant
violation.
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 at the end the following:
``(I) Iodine.
``(J) Hydrochloric gas.''.
(b) Importation and Exportation Requirements.--(1) Iodine shall not
be subject to the requirements 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 Import and Export Act (21 U.S.C. 971).
SEC. 205. CIVIL PENALTIES FOR FIRMS THAT SUPPLY PRECURSOR 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 person 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 Attorney General, which contains chemicals,
products, materials, or equipment used in the manufacture of controlled
substances and listed chemicals. For purposes of paragraph (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 of the notified firm, 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 customer.''.
(b) Civil Penalty.--Section 402(c)(2) of the Controlled 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 elsewhere in
this title or title III, any business that violates paragraph
(11) of subsection (a) shall, with respect 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 greater.''.
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 authorized 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 pursuant to this
subsection shall be tailored to restrain violations 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
governed 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 following:
``(q) The court, when sentencing a defendant convicted 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 United 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 transaction.''.
SEC. 209. TECHNICAL AMENDMENTS.
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended--
(1) in paragraph (34), by amending subparagraphs (P), (S),
and (U) to read as follows:
``(P) Isosafrole.
``(S) N-Methylephedrine.
``(U) Hydriodic acid.''; and
(2) in paragraph (35), by amending subparagraph (G) to read
as follows:
``(G) 2-Butanone (or Methyl Ethyl Ketone).''.
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 of August 7, 1996 (61 FR
40981-40993) is null and void and of no force or effect.
TITLE III--INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE OF
METHAMPHETAMINE AND PRECURSORS
SEC. 301. PENALTY INCREASES FOR TRAFFICKING IN METHAMPHETAMINE.
(a) Directive to the United States Sentencing Commission.--Pursuant
to its authority under section 994 of title 28, United States Code, the
United States Sentencing Commission shall review and amend its
guidelines and its policy statements to provide for increased penalties
for unlawful manufacturing, importing, exporting, and trafficking of
methamphetamine, and other similar offenses, including unlawful
possession with intent to commit any of those offenses, and attempt and
conspiracy to commit any of those offenses. The Commission shall submit
to Congress explanations therefor and any additional policy
recommendations for combating methamphetamine offenses.
(b) In General.--In carrying out this section, the Commission shall
ensure that the sentencing guidelines and policy statements for
offenders convicted of offenses described in subsection (a) and any
recommendations submitted under such subsection 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 methamphetamine, including--
(1) the rapidly growing incidence of methamphetamine abuse
and the threat to public safety such abuse poses;
(2) the high risk of methamphetamine addiction;
(3) the increased risk of violence associated with
methamphetamine trafficking and abuse; and
(4) the recent increase in the illegal importation of
methamphetamine and precursor chemicals.
SEC. 302. ENHANCED PENALTIES FOR OFFENSES INVOLVING CERTAIN LISTED
CHEMICALS.
(a) Controlled Substances Act.--Section 401(d) of the Controlled
Substances Act (21 U.S.C. 841(d)) is amended by striking ``not more
than 10 years,'' and inserting ``not more than 20 years in the case of
a violation of paragraph (1) or (2) involving a list I chemical or not
more than 10 years in the case of a violation of this subsection other
than a violation of paragraph (1) or (2) involving a list I
chemical,''.
(b) Controlled Substance Import and Export Act.--Section 1010(d) of
the Controlled Substance Import and Export Act (21 U.S.C. 960(d)) is
amended by striking ``not more than 10 years,'' and inserting ``not
more than 20 years in the case of a violation of paragraph (1) or (3)
involving a list I chemical or not more than 10 years in the case of a
violation of this subsection other than a violation of paragraph (1) or
(3) involving a list I chemical,''.
(c) Sentencing Guidelines.--
(1) In general.--The United States Sentencing Commission
shall, in accordance with the procedures set forth in section
21(a) of the Sentencing Act of 1987, as though the authority of
that section had not expired, amend the sentencing guidelines
to increase by at least two levels the offense level for
offenses involving list I chemicals under--
(A) section 401(d) (1) and (2) of the Controlled
Substances Act (21 U.S.C 841(d) (1) and (2)); and
(B) section 1010(d) (1) and (3) of the Controlled
Substance Import and Export Act (21 U.S.C. 960(d) (1)
and (3)).
(2) Requirement.--In carrying out this subsection, the
Commission shall ensure that the offense levels for offenses
referred to in paragraph (1) are calculated proportionally on
the basis of the quantity of controlled substance that
reasonably could have been manufactured in a clandestine
setting using the quantity of the list I chemical possessed,
distributed, imported, or exported.
SEC. 303. ENHANCED PENALTY FOR DANGEROUS HANDLING 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 the
offenses described in subsection (b) and, if not, promulgate guidelines
or amend existing guidelines to provide an appropriate enhancement of
the punishment for a defendant convicted of such an 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)), in cases in which 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 hazardous waste in a
manner inconsistent with Federal or applicable State law);
(2) section 103(b) of the Comprehensive Environmental
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 unlawful 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 hazardous substance into
the water); or
(4) section 5124 of title 49, United States Code (relating
to violations of laws and regulations enforced by the
Department of Transportation with respect to the transportation
of hazardous material).
TITLE IV--LEGAL MANUFACTURE, DISTRIBUTION, AND SALE OF PRECURSOR
CHEMICALS
SEC. 401. DIVERSION OF CERTAIN PRECURSOR CHEMICALS.
(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 unless 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 adding before the
semicolon the following: ``, except that any sale of ordinary
over-the-counter pseudoephedrine or phenylpropanolamine
products by retail distributors shall not be a regulated
transaction (except as provided in section 401(d) of the
Comprehensive Methamphetamine Control Act of 1996)'';
(2) in paragraph (39)(A)(iv)(II), by adding before the
semicolon the following: ``, except that the threshold for any
sale of products containing pseudoephedrine or
phenylpropanolamine 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 or 24 grams of
phenylpropanolamine in a single 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
or phenylpropanolamine product' means any product containing
pseudoephedrine or phenylpropanolamine 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 or
3.0 grams of phenylpropanolamine base, and that is
packaged in blister packs, each blister containing not
more than two dosage 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 distributor relating to
pseudoephedrine or phenylpropanolamine products are limited
almost exclusively to sales for personal use, both in number of
sales and volume of sales, either 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 quantities in a single
transaction to an individual for legitimate 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 entity
within SIC codes 5300 through 5399 and 5499.
``(iii) A drug store is an entity within SIC code
5912.''.
(c) Reinstatement of Legal Drug Exemption.--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 Respect to Ephedrine,
Pseudoephedrine, and Phenylpropanolamine Drug Products.--Pursuant to
subsection (d)(1), the Attorney General shall by regulation reinstate
the exemption with respect to a particular ephedrine, pseudoephedrine,
or phenylpropanolamine drug product if the Attorney General determines
that the drug product is manufactured and distributed in a manner that
prevents 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 subject to
the requirements of clause (ii), the Attorney
General may establish by regulation a single-
transaction limit of 24 grams of
pseudoephedrine base for retail distributors.
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 establish a
single-transaction limit of 24 grams of
pseudoephedrine base, the Attorney General
shall establish, following notice, comment, and
an informal hearing that since the date of
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
Controlled 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 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 business 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 business 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 occurring
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 subsequent 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 subject to
the requirements of clause (ii), the Attorney
General may establish by regulation a single-
transaction limit of 24 grams of
phenylpropanolamine base for retail
distributors. Notwithstanding any other
provision of law, the single-transaction
threshold quantity for phenylpropanolamine-
containing compounds may not be lowered beyond
that established in this paragraph.
(ii) Conditions.--In order to establish a
single-transaction limit of 24 grams of
phenylpropanolamine base, the Attorney General
shall establish, following notice, comment, and
an informal hearing, that since the date of
enactment of this Act there are a significant
number of instances where ordinary over-the-
counter phenylpropanolamine products as
established in paragraph (45) of section 102 of
the Controlled 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 Substances Act
(21 U.S.C. 802(46)), are being used as a
significant source of precursor chemicals for
illegal manufacture of a controlled substance
in bulk.
(B) Violation.--Any individual or business 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 business 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 occurring
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 subsequent 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) Significant number of instances.--
(A) In general.--For purposes of this subsection,
isolated or infrequent use, or use in insubstantial
quantities, of ordinary over-the-counter
pseudoephedrine or phenylpropanolamine, as defined in
section 102(45) of the Controlled Substances Act, as
added by section 401(b) of this Act, and sold at the
retail level for the illicit manufacture of
methamphetamine or amphetamine may not be used by the
Attorney General as the basis for establishing the
conditions under paragraph (1)(A)(ii) of this
subsection, with respect to pseudoephedrine, and
paragraph (2)(A)(ii) of this subsection, with respect
to phenylpropanolamine.
(B) Considerations and report.--The Attorney
General shall--
(i) in establishing a finding under
paragraph (1)(A)(ii) or (2)(A)(ii) of this
subsection, 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 as provided in such
paragraph; and
(ii) upon establishing a finding, transmit
a report to the Committees on the Judiciary in
both, respectively, the House of
Representatives and the Senate in which the
Attorney General will provide the factual basis
for establishing the new single transaction
limits.
(4) Definition of business.--For purposes of this
subsection, the term ``business'' means the entity that makes
the direct sale and does not include the parent company of a
business not involved in a direct sale regulated by this
subsection.
(5) Judicial review.--Any regulation promulgated 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 or phenylpropanolamine
products (as defined in section 102(45) of the Controlled Substances
Act, as added by this section) or for non-retail distributors,
importers, or exporters.
(f) Combination Ephedrine Products.--
(1) In general.--For the purposes of this section,
combination ephedrine products shall be treated the same as
pseudoephedrine products, except that--
(A) a single transaction limit of 24 grams shall be
effective as of the date of enactment of this Act and
shall apply to sales of all combination ephedrine
products, notwithstanding the form in which those
products are packaged, made by retail distributors or
distributors required to submit a report under section
310(b)(3) of the Controlled Substances Act (as added by
section 402 of this Act);
(B) for regulated transactions for combination
ephedrine products other than sales described in
subparagraph (A), the transaction limit shall be--
(i) 1 kilogram of ephedrine base, effective
on the date of enactment of this Act; or
(ii) a threshold other than the threshold
described in clause (i), if established by the
Attorney General not earlier than 1 year after
the date of enactment of this Act; and
(C) the penalties provided in subsection (d)(1)(B)
of this section shall take effect on the date of
enactment of this Act for any individual or business
that violates the single transaction limit of 24 grams
for combination ephedrine products.
(2) Definition.--For the purposes of this section, the term
``combination ephedrine product'' 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.
(g) Effective Date of This Section.--Notwithstanding any other
provision of this Act, this section shall not apply to the sale of any
pseudoephedrine or phenylpropanolamine product prior to 12 months after
the date of enactment of this Act, except that, on application of a
manufacturer of a particular pseudoephedrine or phenylpropanolamine
drug product, the Attorney General may, in her sole discretion, extend
such effective date up to an additional six months. Notwithstanding any
other provision of law, the decision of the Attorney General on such an
application shall not be subject to judicial review.
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 following:
``(3) Mail order reporting.--(A) Each regulated person who
engages in a transaction with a nonregulated person which--
``(i) involves ephedrine, pseudoephedrine, or
phenylpropanolamine (including drug products 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, containing 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 ephedrine,
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 ``Methamphetamine
Interagency Task Force'' (referred to as the ``interagency task
force'') which shall consist of the following 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 Services or a
designee.
(5) 2 representatives of State and local law enforcement
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 Attorney General.
(b) Responsibilities.--The interagency task force shall be
responsible for designing, implementing, and evaluating the education
and prevention and treatment practices and strategies of the Federal
Government with respect 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 Department 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 program 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 responsibility to report such
transactions; and
(2) provide assistance to State and local law enforcement
and regulatory agencies to facilitate the establishment and
maintenance of educational programs for distributors of
precursor chemicals and supplies.
SEC. 504. SUSPICIOUS ORDERS TASK FORCE.
(a) In General.--The Attorney General shall establish a
``Suspicious Orders Task Force'' (the ``Task Force'') which shall
consist of--
(1) appropriate personnel from the Drug Enforcement
Administration (the ``DEA'') and other Federal, State, and
local law enforcement and regulatory agencies with the
experience in investigating and prosecuting illegal
transactions of listed chemicals and supplies; and
(2) representatives from the chemical and pharmaceutical
industry.
(b) Responsibilities.--The Task Force shall be responsible for
developing proposals to define suspicious orders of listed chemicals,
and particularly to develop quantifiable parameters which can be used
by registrants in determining if an order is a suspicious order which
must be reported to DEA. The quantifiable parameters to be addressed
will include frequency of orders, deviations from prior orders, and
size of orders. The Task Force shall also recommend provisions as to
what types of payment practices or unusual business practices shall
constitute prima facie suspicious orders. In evaluating the proposals,
the Task Force shall consider effectiveness, cost and feasibility for
industry and government, an other relevant factors.
(c) Meetings.--The Task Force shall meet at least two times per
year and at such other times as may be determined necessary by the Task
Force.
(d) Report.--The Task Force shall present a report to the Attorney
General on its proposals with regard to suspicious orders and the
electronic reporting of suspicious orders within one year of the date
of enactment of this Act. Copies of the report shall be forwarded to
the Committees of the Senate and House of Representatives having
jurisdiction over the regulation of listed chemical and controlled
substances.
(e) Funding.--The administrative expenses of the Task Force shall
be paid out of existing Department of Justice funds or appropriations.
(f) FACA.--The Federal Advisory Committee Act (5 U.S.C. App. 2)
shall apply to the Task Force.
(g) Termination.--The Task Force shall terminate upon presentation
of its report to the Attorney General, or two years after the date of
enactment of this Act, whichever is sooner.
Passed the Senate September 17, 1996.
Attest:
Secretary.
104th CONGRESS
2d Session
S. 1965
_______________________________________________________________________
AN ACT
To prevent the illegal manufacturing and use of methamphetamine.