[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2987 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2987

To provide for the punishment of methamphetamine laboratory operators, 
  provide additional resources to combat methamphetamine production, 
  trafficking, and abuse in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 1999

 Mr. Cannon (for himself, Mr. Hutchinson, Mr. Rogan, Mr. McCollum, Mr. 
    Sessions, Mr. Pickering, Ms. Lofgren, Mr. Berman, Mr. Canady of 
   Florida, Mr. Gibbons, Mr. Calvert, Mr. Gallegly, and Mr. Salmon) 
 introduced the following bill; which was referred to the Committee on 
  the Judiciary, and in addition to the Committee on Commerce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide for the punishment of methamphetamine laboratory operators, 
  provide additional resources to combat methamphetamine production, 
  trafficking, and abuse in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Methamphetamine Anti-Proliferation 
Act of 1999''.

SEC. 2. ENHANCED PUNISHMENT OF AMPHETAMINE LABORATORY OPERATORS.

    (a) Amendment to Federal Sentencing Guidelines.--Pursuant to its 
authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall amend the Federal sentencing 
guidelines in accordance with this section with respect to any offense 
relating to the manufacture, importation, exportation, or trafficking 
in amphetamine (including an attempt or 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 
        necessary to carry out this subsection.
    (c) Additional Requirements.--In carrying out this section, the 
United States Sentencing Commission shall ensure that the sentencing 
guidelines for offenders convicted of offenses described in subsection 
(a) reflect the heinous 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 
        amphetamine trafficking and abuse; and
            (4) the recent increase in the illegal importation of 
        amphetamine and precursor chemicals.
    (d) Emergency Authority to Sentencing Commission.--The United 
States Sentencing Commission shall promulgate amendments pursuant to 
this section as soon as practicable after the date of the enactment of 
this Act in accordance with the procedure set forth in section 21(a) of 
the Sentencing Act of 1987 (Public Law 100-182), as though the 
authority under that Act had not expired.

SEC. 3. ADVERTISEMENTS FOR DRUG PARAPHERNALIA AND SCHEDULE I CONTROLLED 
              SUBSTANCES.

    (a) Drug Paraphernalia.--Section 422 of the Controlled Substances 
Act (21 U.S.C. 863) is amended--
            (1) in subsection (a)(1), by inserting ``, directly or 
        indirectly advertise for sale,'' after ``sell''; and
            (2) by adding at the end the following:
    ``(g) In this section, the term `directly or indirectly advertise 
for sale' includes the use of any communication facility (as that term 
is defined in section 403(b)) to initiate the posting, publicizing, 
transmitting, publishing, linking to, broadcasting, or other 
advertising of any matter (including a telephone number or electronic 
or mail address) knowing that such matter has the purpose of seeking or 
offering, or is designed to be used, to receive, buy, distribute, or 
otherwise facilitate a transaction in.''.
    (b) Schedule I Controlled Substances.--Section 403(c) of such Act 
(21 U.S.C. 843(c)) is amended--
            (1) in the first sentence, by inserting before the period 
        the following: ``, or to directly or indirectly advertise for 
        sale (as that term is defined in section 422(g)) any Schedule I 
        controlled substance''; and
            (2) in the second sentence, by striking ``term 
        `advertisement''' and inserting ``term `written 
        advertisement'''.

SEC. 4. MANDATORY RESTITUTION FOR VIOLATIONS OF CONTROLLED SUBSTANCES 
              ACT AND CONTROLLED SUBSTANCES 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 
        ``methamphetamine'' each place it appears; and
            (3) in paragraph (2)--
                    (A) by inserting ``, the State or local government 
                concerned, or both the United States and the State or 
                local government concerned'' after ``United States'' 
                the first place it appears; and
                    (B) by inserting ``or the State or local government 
                concerned, as the case may be,'' after ``United 
                States'' the second place it appears.
    (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 Controlled Substances Act (21 U.S.C. 
                853(q)); and
                    ``(ii) pursuant to a restitution order under 
                paragraph (1) or (3) of section 413(q) of the 
                Controlled Substances Act for injuries to the United 
                States.''.

SEC. 5. CRIMINAL PROHIBITION ON DISTRIBUTION OF CERTAIN INFORMATION 
              RELATING TO THE MANUFACTURE OF CONTROLLED SUBSTANCES.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 21 the following new chapter:

                  ``CHAPTER 22--CONTROLLED SUBSTANCES

``Sec.
``421. Distribution of information relating to manufacture of 
                            controlled substances.
``Sec. 421. Distribution of information relating to manufacture of 
              controlled substances
    ``(a) Prohibition on Distribution of Information Relating to 
Manufacture of Controlled Substances.--
            ``(1) Controlled substance defined.--In this subsection, 
        the term `controlled substance' has the meaning given that term 
        in section 102(6) of the Controlled Substances Act (21 U.S.C. 
        802(6)).
            ``(2) Prohibition.--It shall be unlawful for any person--
                    ``(A) to teach or demonstrate the manufacture of a 
                controlled substance, or to distribute by any means 
                information pertaining to, in whole or in part, the 
                manufacture or use of a controlled substance, with the 
                intent that the teaching, demonstration, or information 
                be used for, or in furtherance of, an activity that 
                constitutes a Federal crime; or
                    ``(B) to teach or demonstrate to any person the 
                manufacture of a controlled substance, or to distribute 
                to any person, by any means, information pertaining to, 
                in whole or in part, the manufacture or use of a 
                controlled substance, knowing that such person intends 
                to use the teaching, demonstration, or information for, 
                or in furtherance of, an activity that constitutes a 
                Federal crime.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined under this title, imprisoned not more than 10 years, or both.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 21 the following new item:

``22. Controlled Substances.................................     421''.

SEC. 6. NOTICE; CLARIFICATION.

    (a) Notice of Issuance.--Section 3103a of title 18, United States 
Code, is amended by adding at the end the following new sentence: 
``With respect to any issuance under this section or any other 
provision of law (including section 3117 and any rule), any notice 
required, or that may be required, to be given may be delayed pursuant 
to the standards, terms, and conditions set forth in section 2705, 
unless otherwise expressly provided by statute.''.
    (b) Clarification.--(1) Section 2(e) of Public Law 95-78 (91 Stat. 
320) is amended by adding at the end the following:
``Subdivision (d) of such rule, as in effect on this date, is amended 
by inserting `tangible' before `property' each place it occurs.''.
    (2) The amendment made by paragraph (1) shall take effect on the 
date of the enactment of this Act.

SEC. 7. 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 Enforcement 
        Administration shall carry out the programs described in 
        subsection (b) with respect to the law enforcement personnel of 
        States and localities determined by the Administrator to have 
        significant levels of methamphetamine-related or amphetamine-
        related crime or projected by the Administrator to have the 
        potential for such levels of crime in the future.
            (2) Duration.--The duration of any program under that 
        subsection may not exceed 3 years.
    (b) Covered Programs.--The programs described in this subsection 
are as follows:
            (1) Advanced mobile clandestine 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 
        investigation of the illegal manufacturing and trafficking of 
        amphetamine and methamphetamine.
            (2) Basic clandestine laboratory certification training.--A 
        program of basic clandestine laboratory certification training, 
        which shall provide information and training--
                    (A) to Drug Enforcement Administration personnel 
                and State and local law enforcement personnel for 
                purposes of enabling such personnel to meet any 
                certification requirements under law with respect to 
                the handling of wastes created by illegal amphetamine 
                and methamphetamine laboratories; and
                    (B) to State and local law enforcement personnel 
                for purposes of enabling such personnel to provide the 
                information and training covered by subparagraph (A) to 
                other State and local law enforcement personnel.
            (3) Clandestine laboratory recertification and awareness 
        training.--A program of clandestine laboratory recertification 
        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 personnel.
    (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 
        subsection (b)(1).
            (2) $3,000,000 to carry out the program described in 
        subsection (b)(2).
            (3) $1,000,000 to carry out the program described in 
        subsection (b)(3).

SEC. 8. COMBATTING 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 provide funds for--
                    (A) employing additional Federal law enforcement 
                personnel, or facilitating the employment of additional 
                State and local law enforcement personnel, including 
                agents, investigators, prosecutors, laboratory 
                technicians, chemists, investigative assistants, and 
                drug-prevention specialists; and
                    (B) such other activities as the Director considers 
                appropriate.
    (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 apportion 
        amounts appropriated for a fiscal year pursuant to the 
        authorization of appropriations in subsection (b) for 
        activities under subsection (a) among and within areas 
        designated by the Director as high intensity drug trafficking 
        areas based on the following factors:
                    (A) The number of methamphetamine manufacturing 
                facilities and amphetamine manufacturing facilities 
                discovered 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 amphetamine 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. 9. 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--
            (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 
        trafficking;
            (3) establish additional resident offices and posts of duty 
        to assist State and local law enforcement in rural areas in 
        combating such manufacturing and trafficking;
            (4) provide the Special Operations Division of the 
        Administration with additional agents and staff to collect, 
        evaluate, interpret, and disseminate critical intelligence 
        targeting the command and control operations of major 
        amphetamine and methamphetamine manufacturing and trafficking 
        organizations; and
            (5) carry out such other activities as the Administrator 
        considers appropriate.
    (b) Additional Positions and Personnel.--In carrying out activities 
under subsection (a), the Administrator may establish in the 
Administration not more than 50 full-time positions, including not more 
than 31 special-agent positions, and may appoint personnel to such 
positions.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for the Drug Enforcement Administration for each fiscal 
year after fiscal year 1999, $6,500,000 for purposes of carrying out 
the activities authorized by subsection (a) and employing personnel in 
positions established under subsection (b).

SEC. 10. ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL MANUFACTURE OF 
              AMPHETAMINE AND METHAMPHETAMINE.

    (a) Use of Amounts or Department of Justice Assets Forfeiture 
Fund.--Section 524(c)(1)(E) of title 28, United States Code, is 
amended--
            (1) by inserting ``(i) for'' before ``disbursements'';
            (2) by inserting ``and'' after the semicolon; and
            (3) by adding at the end the following:
            ``(ii) for payment for--
                    ``(I) costs incurred by or on behalf of the 
                Department of Justice in connection with the removal, 
                for purposes of Federal forfeiture and disposition, of 
                any hazardous substance or pollutant or contaminant 
                associated with the 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 methamphetamine, 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 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 
methamphetamine''.
    (c) Amounts Supplement and Not Supplant.--
            (1) Assets forfeiture fund.--Any amounts made available 
        from the Department of Justice Assets Forfeiture Fund in a 
        fiscal year by reason of the amendment made by subsection (a) 
        shall supplement, and not supplant, any other amounts made 
        available to the Department of Justice in such fiscal year from 
        other sources for payment of costs described in section 
        524(c)(1)(E)(ii) of title 28, United States Code, as so 
        amended.
            (2) Grant program.--Any amounts made available in a fiscal 
        year under the grant program under section 501(b)(3) of the 
        Omnibus Crime Control and Safe Streets Act of 1968 for the 
        removal of hazardous substances or pollutants or contaminants 
        associated with the illegal manufacture 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. 11. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET WEBSITES.

    Not later than 90 days after the date of the enactment of this Act, 
the head of each department, agency, and establishment of the Federal 
Government shall, in consultation with the Director of the Office of 
National Drug Control Policy, place antidrug messages on appropriate 
Internet websites controlled by such department, agency, or 
establishment which messages shall, where appropriate, contain an 
electronic hyperlink to the Internet website, if any, of the Office.

SEC. 12. MAIL ORDER REQUIREMENTS.

    Section 310(b)(3) of the Controlled Substances Act (21 U.S.C. 
830(b)(3)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively;
            (2) by inserting before subparagraph (B), as so 
        redesignated, the following new subparagraph (A):
                    ``(A) As used in this paragraph:
                            ``(i) The term `drug product' means an 
                        active ingredient in dosage form that has been 
                        approved or otherwise may be lawfully marketed 
                        under the Food, Drug, and Cosmetic Act for 
                        distribution in the United States.
                            ``(ii) The term `valid prescription' means 
                        a prescription which is issued for a legitimate 
                        medical purpose by an individual practitioner 
                        licensed by law to administer and prescribe the 
                        drugs concerned and acting in the usual course 
                        of the practitioner's professional practice.'';
            (3) in subparagraph (B), as so redesignated, by inserting 
        ``or who engages in an export transaction'' after 
        ``nonregulated person''; and
            (4) adding at the end the following:
                    ``(D) Except as provided in subparagraph (E), the 
                following distributions to a nonregulated person, and 
                the following export transactions, shall not be subject 
                to the reporting requirement in subparagraph (B):
                            ``(i) Distributions of sample packages of 
                        drug products when such packages contain not 
                        more than 2 solid dosage units or the 
                        equivalent of 2 dosage units in liquid form, 
                        not to exceed 10 milliliters of liquid per 
                        package, and not more than one package is 
                        distributed to an individual or residential 
                        address in any 30-day period.
                            ``(ii) Distributions of drug products by 
                        retail distributors that may not include face-
                        to-face transactions to the extent that such 
                        distributions are consistent with the 
                        activities authorized for a retail distributor 
                        as specified in section 102(46).
                            ``(iii) Distributions of drug products to a 
                        resident of a long term care facility (as that 
                        term is defined in regulations prescribed by 
                        the Attorney General) or distributions of drug 
                        products to a long term care facility for 
                        dispensing to or for use by a resident of that 
                        facility.
                            ``(iv) Distributions of drug products 
                        pursuant to a valid prescription.
                            ``(v) Exports which have been reported to 
                        the Attorney General pursuant to section 1004 
                        or 1018 or which are subject to a waiver 
                        granted under section 1018(e)(2).
                            ``(vi) Any quantity, method, or type of 
                        distribution or any quantity, method, or type 
                        of distribution of a specific listed chemical 
                        (including specific formulations or drug 
                        products) or of a group of listed chemicals 
                        (including specific formulations or drug 
                        products) which the Attorney General has 
                        excluded by regulation from such reporting 
                        requirement on the basis that such reporting is 
                        not necessary for the enforcement of this title 
                        or title III.
                    ``(E) The Attorney General may revoke any or all of 
                the exemptions listed in subparagraph (D) for an 
                individual regulated person if he finds that drug 
                products distributed by the regulated person are being 
                used in violation of this title or title III. The 
                regulated person shall be notified of the revocation, 
                which will be effective upon receipt by the person of 
                such notice, as provided in section 1018(c)(1), and 
                shall have the right to an expedited hearing as 
                provided in section 1018(c)(2).''.

SEC. 13. THEFT AND TRANSPORTATION OF ANHYDROUS AMMONIA FOR PURPOSES OF 
              ILLICIT PRODUCTION OF CONTROLLED SUBSTANCES.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
841 et seq.) is amended by adding at the end the following:

                          ``anhydrous ammonia

    ``Sec. 423 (a) It is unlawful for any person--
            ``(1) to steal anhydrous ammonia, or
            ``(2) to transport stolen anhydrous ammonia across State 
        lines,
knowing, intending, or having reasonable cause to believe that such 
anhydrous ammonia will be used to manufacture a controlled substance in 
violation of this part.
    ``(b) Any person who violates subsection (a) shall be imprisoned or 
fined, or both, in accordance with section 403(d) as if such violation 
were a violation of a provision of section 403.''.
    (b) Clerical Amendment.--The table of contents for that Act is 
amended by inserting after the item relating to section 421 the 
following new items:

``Sec. 422. Drug paraphernalia.
``Sec. 423. Anhydrous ammonia.''.
    (c) Assistance for Certain Research.--
            (1) Agreement.--The Administrator of the Drug Enforcement 
        Administration shall seek to enter into an agreement with Iowa 
        State University in order to permit the University to continue 
        and expand its current research into the development of inert 
        agents that, when added to anhydrous ammonia, eliminate the 
        usefulness of anhydrous ammonia as an ingredient in the 
        production of methamphetamine.
            (2) Reimbursable provision of funds.--The agreement under 
        paragraph (1) may provide for the provision to Iowa State 
        University, on a reimbursable basis, of $500,000 for purposes 
        the activities specified in that paragraph.
            (3) Authorization of appropriations.--There is hereby 
        authorized to be appropriated for the Drug Enforcement 
        Administration for fiscal year 2000, $500,000 for purposes of 
        carrying out the agreement under this subsection.

SEC. 14. REPORT ON METHAMPHETAMINE CONSUMPTION IN RURAL AREAS, SUBURBAN 
              AREAS, SMALL CITIES, MIDSIZE CITIES, AND LARGE CITIES.

    (a) In General.--The Secretary of Health and Human Services shall 
submit to the designated committees of Congress on an annual basis a 
report on the problems caused by methamphetamine consumption in rural 
areas, suburban areas, small cities, midsize cities, and large cities.
    (b) Concerns Addressed.--Each report submitted under this section 
shall include an analysis of--
            (1) the manner in which methamphetamine consumption in 
        rural areas differs from methamphetamine consumption in areas 
        with larger populations, and the means by which to accurately 
        measure those differences;
            (2) the incidence of methamphetamine abuse in rural areas 
        and the treatment resources available to deal with 
        methamphetamine addiction in those areas;
            (3) any relationship between methamphetamine consumption in 
        rural areas and a lack of substance abuse treatment in those 
        areas; and
            (4) any relationship between geographic differences in the 
        availability of substance abuse treatment and the geographic 
        distribution of the methamphetamine abuse problem in the United 
        States.
    (c) Definitions.--In this section:
            (1) The term ``designated committees of Congress'' means 
        the following:
                    (A) The Committees on the Judiciary and 
                Appropriations of the Senate.
                    (B) The Committees on the Judiciary and 
                Appropriations of the House of Representatives.
            (2) The term ``large city'' means any city that is not a 
        small city or a midsize city.
            (3) The term ``midsize city'' means a city with a 
        population under 250,000 and over 20,000.
            (4) The term ``rural area'' means a county or parish with a 
        population under 50,000.
            (5) The term ``small city'' means a city with a population 
        under 20,000.

SEC. 15. EXPANSION OF METHAMPHETAMINE ABUSE PREVENTION EFFORTS.

    (a) Expansion of Efforts.--Section 515 of the Public Health Service 
Act (42 U.S.C. 290bb-21) is amended by adding at the end the following:
    ``(e)(1) The Administrator may make grants to and enter into 
contracts and cooperative agreements with public and nonprofit private 
entities to enable such entities--
            ``(A) to carry out school-based programs concerning the 
        dangers of abuse of and addiction to methamphetamine and other 
        illicit drugs, using methods that are effective and science-
        based, including initiatives that give students the 
        responsibility to create their own anti-drug abuse education 
        programs for their schools; and
            ``(B) to carry out community-based abuse and addiction 
        prevention programs relating to methamphetamine and other 
        illicit drugs that are effective and science-based.
    ``(2) Amounts made available under a grant, contract or cooperative 
agreement under paragraph (1) shall be used for planning, establishing, 
or administering prevention programs relating to methamphetamine and 
other illicit drugs in accordance with paragraph (3).
    ``(3)(A) Amounts provided under this subsection may be used--
            ``(i) to carry out school-based programs that are focused 
        on those districts with high or increasing rates of 
        methamphetamine abuse and addiction and targeted at populations 
        which are most at risk to start abuse of methamphetamine and 
        other illicit drugs;
            ``(ii) to carry out community-based prevention programs 
        that are focused on those populations within the community that 
        are most at-risk for abuse of and addiction to methamphetamine 
        and other illicit drugs;
            ``(iii) to assist local government entities to conduct 
        appropriate prevention activities relating to methamphetamine 
        and other illicit drugs;
            ``(iv) to train and educate State and local law enforcement 
        officials, prevention and education officials, members of 
        community anti-drug coalitions and parents on the signs of 
        abuse of and addiction to methamphetamine and other illicit 
        drugs, and the options for treatment and prevention;
            ``(v) for planning, administration, and educational 
        activities related to the prevention of abuse of and addiction 
        to methamphetamine and other illicit drugs;
            ``(vi) for the monitoring and evaluation of prevention 
        activities relating to methamphetamine and other illicit drugs, 
        and reporting and disseminating resulting information to the 
        public; and
            ``(vii) for targeted pilot programs with evaluation 
        components to encourage innovation and experimentation with new 
        methodologies.
    ``(B) The Administrator shall give priority in making grants under 
this subsection to rural and urban areas that are experiencing a high 
rate or rapid increases in methamphetamine abuse and addiction.
    ``(4)(A) Not less than $500,000 of the amount available in each 
fiscal year to carry out this subsection shall be made available to the 
Administrator, acting in consultation with other Federal agencies, to 
support and conduct periodic analyses and evaluations of effective 
prevention programs for abuse of and addiction to methamphetamine and 
other illicit drugs and the development of appropriate strategies for 
disseminating information about and implementing these programs.
    ``(B) The Administrator shall submit to the committees of Congress 
referred to in subparagraph (C) an annual report with the results of 
the analyses and evaluation under subparagraph (A).
    ``(C) The committees of Congress referred to in this subparagraph 
are the following:
            ``(i) The Committees on Health, Education, Labor, and 
        Pensions, the Judiciary, and Appropriations of the Senate.
            ``(ii) The Committees on Commerce, the Judiciary, and 
        Appropriations of the House of Representatives.''.
    (b) Authorization of Appropriations for Expansion of Abuse 
Prevention Efforts and Practitioner Registration Requirements.--There 
is authorized to be appropriated to carry out section 515(e) of the 
Public Health Service Act (as added by subsection (a)) and section 
303(g)(2) of the Controlled Substances Act (as added by section 18(a) 
of this Act), $15,000,000 for fiscal year 2000, and such sums as may be 
necessary for each succeeding fiscal year.

SEC. 16. EXPANSION OF METHAMPHETAMINE RESEARCH.

    Section 464N of the Public Health Service Act (42 U.S.C. 285o-2) is 
amended by adding at the end the following:
    ``(c) Methamphetamine Research.--
            ``(1) Grants or cooperative agreements.--The Director of 
        the Institute may make grants or enter into cooperative 
        agreements to expand the current and on-going interdisciplinary 
        research and clinical trials with treatment centers of the 
        National Drug Abuse Treatment Clinical Trials Network relating 
        to methamphetamine abuse and addiction and other biomedical, 
        behavioral, and social issues related to methamphetamine abuse 
        and addiction.
            ``(2) Use of funds.--Amounts made available under a grant 
        or cooperative agreement under paragraph (1) for 
        methamphetamine abuse and addiction may be used for research 
        and clinical trials relating to--
                    ``(A) the effects of methamphetamine abuse on the 
                human body, including the brain;
                    ``(B) the addictive nature of methamphetamine and 
                how such effects differ with respect to different 
                individuals;
                    ``(C) the connection between methamphetamine abuse 
                and mental health;
                    ``(D) the identification and evaluation of the most 
                effective methods of prevention of methamphetamine 
                abuse and addiction;
                    ``(E) the identification and development of the 
                most effective methods of treatment of methamphetamine 
                addiction, including pharmacological treatments;
                    ``(F) risk factors for methamphetamine abuse;
                    ``(G) effects of methamphetamine abuse and 
                addiction on pregnant women and their fetuses;
                    ``(H) cultural, social, behavioral, neurological 
                and psychological reasons that individuals abuse 
                methamphetamine, or refrain from abusing 
                methamphetamine.
            ``(3) Research results.--The Director shall promptly 
        disseminate research results under this subsection to Federal, 
        State and local entities involved in combating methamphetamine 
        abuse and addiction.
            ``(4) Authorization of appropriations.--
                    ``(A) Authorization of appropriations.--There is 
                authorized to be appropriated to carry out paragraph 
                (1), such sums as may be necessary for each fiscal 
                year.
                    ``(B) Supplement not supplant.--Amounts 
                appropriated pursuant to the authorization of 
                appropriations in subparagraph (A) for a fiscal year 
                shall supplement and not supplant any other amounts 
                appropriated in such fiscal year for research on 
                methamphetamine abuse and addiction.''.

SEC. 17. STUDY OF METHAMPHETAMINE TREATMENT.

    (a) Study.--
            (1) Requirement.--The Secretary of Health and Human 
        Services shall, in consultation with the Institute of Medicine 
        of the National Academy of Sciences, conduct a study on the 
        development of medications for the treatment of addiction to 
        amphetamine and methamphetamine.
            (2) Report.--Not later than nine months after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        Committees on the Judiciary of the Senate and House of 
        Representatives a report on the results of the study conducted 
        under paragraph (1).
    (b) Authorization of Appropriations.--There are hereby authorized 
to be appropriated for the Department of Health and Human Services for 
fiscal year 2000 such sums as may be necessary to meet the requirements 
of subsection (a).

SEC. 18. REGISTRATION REQUIREMENTS FOR PRACTITIONERS WHO DISPENSE 
              CERTAIN NARCOTIC DRUGS FOR MAINTENANCE TREATMENT OR 
              DETOXIFICATION TREATMENT.

    (a) In General.--Section 303(g) of the Controlled Substances Act 
(21 U.S.C. 823(g)) is amended--
            (1) in paragraph (2), by striking ``(A) security'' and 
        inserting ``(i) security'', and by striking ``(B) the 
        maintenance'' and inserting ``(ii) the maintenance'';
            (2) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively;
            (3) by inserting ``(1)'' after ``(g)'';
            (4) by striking ``Practitioners who dispense'' and 
        inserting ``Except as provided in paragraph (2), practitioners 
        who dispense''; and
            (5) by adding at the end the following:
            ``(2)(A) Subject to subparagraphs (D) and (G), the 
        requirements of paragraph (1) are waived in the case of the 
        prescribing or dispensing, by a practitioner, of narcotic drugs 
        in schedule 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 prescribing of dispensing narcotic drugs in 
        schedule 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 physician licensed 
                under State law, and the practitioner has demonstrable 
                training or experience and the ability to treat and 
                manage opiate-dependent patients.
                    ``(ii) With respect to patients to whom the 
                practitioner will provide such drugs or combinations of 
                drugs, the practitioner has the demonstrated 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 practitioner at any one time will not 
                exceed the applicable number. For purposes of this 
                clause, the applicable number is 20, 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 20, 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 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 maintenance 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 in the Federal Register and 
                made by the Secretary, after consultation with the 
                Attorney General, that the use of the drugs or 
                combinations of drugs for maintenance or detoxification 
                treatment requires additional standards respecting the 
                qualifications 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).
                    ``(IV) A period of 45 days has elapsed after the 
                date on which the notification was submitted, and 
                during such period the practitioner does not receive 
                from the Secretary a written notice that one or more of 
                the conditions specified in subparagraph (B), 
                subparagraph (C), or this subparagraph, have not been 
                met.
            ``(ii) The Secretary shall provide to the Attorney General 
        such information contained in notifications under subparagraph 
        (B) as the Attorney General may request.
            ``(E) If in violation of subparagraph (A) a practitioner 
        dispenses narcotic drugs in schedule IV or V or combinations of 
        such drugs for maintenance treatment or detoxification 
        treatment, the Attorney General may, for purposes of section 
        304(a)(4), consider the practitioner to have committed an act 
        that renders the registration of the practitioner pursuant to 
        subsection (f) to be inconsistent with the public interest.
            ``(F) In this paragraph, the term `group practice' has the 
        meaning given such term in section 1877(h)(4) of the Social 
        Security Act.
            ``(G)(i) This paragraph takes effect on the date of 
        enactment of the Methamphetamine Anti-Proliferation Act of 
        1999, and remains in effect thereafter except as provided in 
        clause (iii) (relating to a decision by the Secretary or the 
        Attorney General that this paragraph should not remain in 
        effect).
            ``(ii) For the purposes relating to clause (iii), the 
        Secretary and the Attorney General shall, during the 3-year 
        period beginning on the date of enactment of the 
        Methamphetamine Anti-Proliferation Act of 1999, make 
        determinations in accordance with the following:
                    ``(I)(aa) The Secretary shall--
                            ``(aaa) make a determination of whether 
                        treatments provided under waivers under 
                        subparagraph (A) have been effective forms of 
                        maintenance treatment and detoxification 
                        treatment in clinical settings;
                            ``(bbb) make a determination regarding 
                        whether such waivers have significantly 
                        increased (relative to the beginning of such 
                        period) the availability of maintenance 
                        treatment and detoxification treatment; and
                            ``(ccc) make a determination regarding 
                        whether such waivers have adverse consequences 
                        for the public health.
                    ``(bb) In making determinations under this 
                subclause, the Secretary--
                            ``(aa) may collect data from the 
                        practitioners for whom waivers under 
                        subparagraph (A) are in effect;
                            ``(bb) shall issue appropriate guidelines 
                        or regulations (in accordance with procedures 
                        for substantive rules under section 553 of 
                        title 5, United States Code) specifying the 
                        scope of the data that will be required to be 
                        provided under this subclause and the means 
                        through which the data will be collected;
                            ``(cc) shall, with respect to collecting 
                        such data, comply with applicable provisions of 
                        chapter 6 of title 5, United States Code 
                        (relating to a regulatory flexibility 
                        analysis), and of chapter 8 of such title 
                        (relating to congressional review of agency 
                        rulemaking); and
                            ``(dd) shall make a determination regarding 
                        whether such waivers have adverse consequences 
                        for the public health.
                    ``(II) The Attorney General shall--
                            ``(aa) make a determination of the extent 
                        to which there have been violations of the 
                        numerical limitations established under 
                        subparagraph (B) for the number of individuals 
                        to whom a practitioner may provide treatment; 
                        and
                            ``(bb) make a determination regarding 
                        whether waivers under subparagraph (A) have 
                        increased (relative to the beginning of such 
                        period) the extent to which narcotic drugs in 
                        schedule IV or V or combinations of such drugs 
                        are being dispensed or possessed in violation 
                        of this Act.
            ``(iii) If, before the expiration of the period specified 
        in clause (ii), the Secretary or the Attorney General 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 publishing 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.
            ``(H) During the 3-year period beginning on the date of 
        enactment of the Methamphetamine Anti-Proliferation Act 1999, a 
        State may not preclude a practitioner from dispensing narcotic 
        drugs in schedule IV or V, or combinations of such drugs, to 
        patients for maintenance or detoxification treatment in 
        accordance with this paragraph, or the other amendments made by 
        section 22 of that Act, unless, before the expiration of that 
        3-year period, the State enacts a law prohibiting a 
        practitioner from dispensing such drugs or combination of 
        drugs.''.
    (b) Conforming Amendments.--Section 304 of the Controlled 
Substances Act (21 U.S.C. 824) is amended--
            (1) in subsection (a), in the matter following paragraph 
        (5), by striking ``section 303(g)'' each place the term appears 
        and inserting ``section 303(g)(1)''; and
            (2) in subsection (d), by striking ``section 303(g)'' and 
        inserting ``section 303(g)(1)''.

SEC. 19. ENHANCED PUNISHMENT OF METHAMPHETAMINE 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 
        Sentencing Commission shall amend the Federal sentencing 
        guidelines in accordance with paragraph (2) with respect to any 
        offense relating to the manufacture, attempt to manufacture, or 
        conspiracy to manufacture amphetamine or methamphetamine 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 
                        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 
                        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 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 enactment of this Act.

SEC. 20. 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,''.
                                 <all>