[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2987 Reported in House (RH)]
Union Calendar No. 529
106th CONGRESS
2d Session
H. R. 2987
[Report No. 106-878, Part I]
To provide for the punishment of methamphetamine laboratory operators,
provide additional resources to combat methamphetamine production,
trafficking, and abuse in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 30, 1999
Mr. Cannon (for himself, Mr. Hutchinson, Mr. Rogan, Mr. McCollum, Mr.
Sessions, Mr. Pickering, Ms. Lofgren, Mr. Berman, Mr. 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
September 21, 2000
Additional sponsors: Mr. Talent, Mr. Nethercutt, Mr. Moran of Kansas,
Mr. Forbes, Mr. Simpson, Mr. Ose, Mr. Herger, Mr. Kuykendall, Mrs.
Bono, Mr. Walden of Oregon, Mr. Buyer, Mr. Baird, Mr. Whitfield, Mr.
Terry, and Mrs. Emerson
September 21, 2000
Reported from the Committee on the Judiciary with amendments
[Strike out all after the enacting clause and insert the part printed
in italic]
September 21, 2000
Referral to the Committee on Commerce extended until September 21, 2000
September 21, 2000
The Committee on Commerce discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
September 30, 1999]
_______________________________________________________________________
A BILL
To provide for the punishment of methamphetamine 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Methamphetamine
and Club Drug Anti-Proliferation Act of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--METHAMPHETAMINE PRODUCTION, TRAFFICKING, AND ABUSE
Subtitle A--Criminal Penalties
Sec. 101. Enhanced punishment of amphetamine laboratory operators.
Sec. 102. Enhanced punishment of amphetamine or methamphetamine
laboratory operators.
Sec. 103. Mandatory restitution for violations of controlled substances
act and controlled substances import and
export act relating to amphetamine and
methamphetamine.
Sec. 104. Methamphetamine paraphernalia.
Subtitle B--Enhanced Law Enforcement
Sec. 111. Environmental hazards associated with illegal manufacture of
amphetamine and methamphetamine.
Sec. 112. Reduction in retail sales transaction threshold for non-safe
harbor products containing pseudoephedrine
or phenylpropanolamine.
Sec. 113. Training for drug enforcement administration and State and
local law enforcement personnel relating to
clandestine laboratories.
Sec. 114. Combatting methamphetamine and amphetamine in high intensity
drug trafficking areas.
Sec. 115. Combating amphetamine and methamphetamine manufacturing and
trafficking.
Subtitle C--Abuse Prevention and Treatment
Sec. 121. Expansion of methamphetamine research.
Sec. 122. Methamphetamine and amphetamine treatment initiative by
center for substance abuse treatment.
Sec. 123. Expansion of methamphetamine abuse prevention efforts.
Sec. 124. Study of methamphetamine treatment.
Subtitle D--Reports
Sec. 131. Reports on consumption of methamphetamine and other illicit
drugs in rural areas, metropolitan areas,
and consolidated metropolitan areas.
Sec. 132. Report on diversion of ordinary, over-the-counter
pseudoephedrine and phenylpropanolamine
products.
TITLE II--CONTROLLED SUBSTANCES GENERALLY
Subtitle A--Criminal Matters
Sec. 201. Enhanced punishment for trafficking in list I chemicals.
Sec. 202. Mail order requirements.
Sec. 203. Theft and transportation of anhydrous ammonia for purposes of
illicit production of controlled
substances.
Subtitle B--Other Matters
Sec. 211. Waiver authority for physicians who dispense or prescribe
certain narcotic drugs for maintenance
treatment or detoxification treatment.
TITLE III--MISCELLANEOUS
Sec. 301. Antidrug messages on Federal government internet websites.
Sec. 302. Severability.
TITLE IV--CLUB DRUG ANTI-PROLIFERATION
Sec. 401. Enhanced punishment of club drug traffickers.
Sec. 402. Enhanced punishment of ghb traffickers.
Sec. 403. Emergency authority to sentencing commission.
Sec. 404. Expansion of club drug abuse prevention efforts.
TITLE V--REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRATION OF EXPENSES
INCURRED TO REMEDIATE METHAMPHETAMINE LABORATORIES
Sec. 501. Reimbursement by drug enforcement administration of expenses
incurred to remediate methamphetamine
laboratories.
TITLE VI--FEDERAL DRUG COURTS
Sec. 601. Establishment.
Sec. 602. Rehabilitation program.
Sec. 603. Authorization of appropriations.
TITLE VII--STUDY OF THE EFFECT OF MANDATORY MINIMUM SENTENCES FOR
NONVIOLENT CONTROLLED SUBSTANCE OFFENSES
Sec. 701. Findings.
Sec. 702. Department of justice study.
TITLE VIII--RULE OF CONSTRUCTION
Sec. 801. Rule of construction.
TITLE I--METHAMPHETAMINE PRODUCTION, TRAFFICKING, AND ABUSE
Subtitle A--Criminal Penalties
SEC. 101. ENHANCED PUNISHMENT OF AMPHETAMINE 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. 102. ENHANCED PUNISHMENT OF AMPHETAMINE OR 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 increase the offense
level--
(A) if the offense created a substantial risk of
harm to human life or the environment;
(B) if the offense created a substantial risk of
harm to the life of a minor or incompetent.
(3) Emergency authority to sentencing commission.--The
United States Sentencing 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. 103. 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;
(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; and
(4) in paragraph (3), by striking ``section 3663 of title
18, United States Code'' and inserting ``section 3663A of title
18, United States Code''.
(b) Deposit of Amounts in Department of Justice Assets Forfeiture
Fund.--Section 524(c)(4) of title 28, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) all amounts collected--
``(i) by the United States pursuant to a
reimbursement order under paragraph (2) of section
413(q) of the Controlled Substances Act (21 U.S.C.
853(q)); and
``(ii) pursuant to a restitution order under
paragraph (1) or (3) of section 413(q) of the
Controlled Substances Act for injuries to the United
States.''.
(c) Clarification of Certain Orders of Restitution.--Section
3663(c)(2)(B) of title 18, United States Code, is amended by inserting
``which may be'' after ``the fine''.
(d) Expansion of Applicability of Mandatory Restitution.--Section
3663A(c)(1)(A)(ii) of title 18, United States Code, is amended by
inserting ``or under section 416(a) of the Controlled Substances Act
(21 U.S.C. 856(a)),'' after ``under this title,''.
(e) Treatment of Illicit Substance Manufacturing Operations as
Crimes Against Property.--Section 416 of the Controlled Substances Act
(21 U.S.C. 856) is amended by adding at the end the following new
subsection:
``(c) A violation of subsection (a) shall be considered an offense
against property for purposes of section 3663A(c)(1)(A)(ii) of title
18, United States Code.''.
SEC. 104. METHAMPHETAMINE PARAPHERNALIA.
Section 422(d) of the Controlled Substances Act (21 U.S.C. 863(d))
is amended in the matter preceding paragraph (1) by inserting
``methamphetamine,'' after ``PCP,''.
Subtitle B--Enhanced Law Enforcement
SEC. 111. 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. 112. REDUCTION IN RETAIL SALES TRANSACTION THRESHOLD FOR NON-SAFE
HARBOR PRODUCTS CONTAINING PSEUDOEPHEDRINE OR
PHENYLPROPANOLAMINE.
(a) Reduction in Transaction Threshold.--Section 102(39)(A)(iv)(II)
of the Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)(II)) is
amended--
(1) by striking ``24 grams'' both places it appears and
inserting ``9 grams''; and
(2) by inserting before the semicolon at the end the
following: ``and sold in package sizes of not more than 3 grams
of pseudoephedrine base or 3 grams of phenylpropanolamine
base''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect one year after the date of the enactment of this Act.
SEC. 113. 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 2001, 2002, and 2003 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. 114. 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 transfer funds to appropriate Federal,
State, and local governmental agencies for 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.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $15,000,000 for fiscal year 2001; and
(2) such sums as may be necessary for each of fiscal years
2001 through 2004.
(c) Apportionment of Funds.--
(1) Factors in apportionment.--The Director shall apportion
amounts appropriated for a fiscal year pursuant to the
authorization of appropriations in subsection (b) for
activities under subsection (a) among and within areas
designated by the Director as high intensity drug trafficking
areas based on the following factors:
(A) The number of methamphetamine 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. 115. 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;
(5) enhance the investigative and related functions of the
Chemical Control Program of the Administration to implement
more fully the provisions of the Comprehensive Methamphetamine
Control Act of 1996 (Public Law 104-237);
(6) design an effective means of requiring an accurate
accounting of the import and export of list I chemicals, and
coordinate investigations relating to the diversion of such
chemicals;
(7) develop a computer infrastructure sufficient to
receive, process, analyze, and redistribute time-sensitive
enforcement information from suspicious order reporting to
field offices of the Administration and other law enforcement
and regulatory agencies, including the continuing development
of the Suspicious Order Reporting and Tracking System (SORTS)
and the Chemical Transaction Database (CTRANS) of the
Administration;
(8) establish an education, training, and communication
process in order to alert the industry to current trends and
emerging patterns in the illegal manufacturing of amphetamine
and methamphetamine; and
(9) carry out such other activities as the Administrator
considers appropriate.
(b) Additional Positions and Personnel.--
(1) In general.--In carrying out activities under
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.
(2) Particular positions.--In carrying out activities under
paragraphs (5) through (8) of subsection (a), the Administrator
may establish in the Administration not more than 15 full-time
positions, including not more than 10 diversion investigator
positions, and may appoint personnel to such positions. Any
positions established under this paragraph are in addition to
any positions established under paragraph (1).
(c) Authorization of Appropriations.--There are authorized to be
appropriated for the Drug Enforcement Administration for each fiscal
year after fiscal year 1999, $9,500,000 for purposes of carrying out
the activities authorized by subsection (a) and employing personnel in
positions established under subsection (b), of which $3,000,000 shall
be available for activities under paragraphs (5) through (8) of
subsection (a) and for employing personnel in positions established
under subsection (b)(2).
Subtitle C--Abuse Prevention and Treatment
SEC. 121. EXPANSION OF METHAMPHETAMINE RESEARCH.
Section 464N of the Public Health Service Act (42 U.S.C. 285o-2) is
amended by adding at the end the 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; and
``(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. 122. METHAMPHETAMINE AND AMPHETAMINE TREATMENT INITIATIVE BY
CENTER FOR SUBSTANCE ABUSE TREATMENT.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended by adding at the end the following new
section:
``methamphetamine and amphetamine treatment initiative
``Sec. 514. (a) Grants.--
``(1) Authority to make grants.--The Director of the Center
for Substance Abuse Treatment may make grants to States and
Indian tribes recognized by the United States that have a high
rate, or have had a rapid increase, in methamphetamine or
amphetamine abuse or addiction in order to permit such States
and Indian tribes to expand activities in connection with the
treatment of methamphetamine or amphetamine abuser or addiction
in the specific geographical areas of such States or Indian
tribes, as the case may be, where there is such a rate or has
been such an increase.
``(2) Recipients.--Any grants under paragraph (1) shall be
directed to the substance abuse directors of the States, and of
the appropriate tribal government authorities of the Indian
tribes, selected by the Director to receive such grants.
``(3) Nature of activities.--Any activities under a grant
under paragraph (1) shall be based on reliable scientific
evidence of their efficacy in the treatment of methamphetamine
or amphetamine abuse or addiction.
``(b) Geographic Distribution.--The Director shall ensure that
grants under subsection (a) are distributed equitably among the various
regions of the country and among rural, urban, and suburban areas that
are affected by methamphetamine or amphetamine abuse or addiction.
``(c) Additional Activities.--The Director shall--
``(1) evaluate the activities supported by grants under
subsection (a);
``(2) disseminate widely such significant information
derived from the evaluation as the Director considers
appropriate to assist States, Indian tribes, and private
providers of treatment services for methamphetamine or
amphetamine abuser or addiction in the treatment of
methamphetamine or amphetamine abuse or addiction; and
``(3) provide States, Indian tribes, and such providers
with technical assistance in connection with the provision of
such treatment.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $10,000,000 for fiscal year 2001 and
such sums as may be necessary for each of fiscal years 2002 and
2003.
``(2) Use of certain funds.--Of the funds appropriated to
carry out this section in any fiscal year, the lesser of 5
percent of such funds or $1,000,000 shall be available to the
Director for purposes of carrying out subsection (c).''.
SEC. 123. 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
211(a)(5) of this Act), $15,000,000 for fiscal year 2001, and such sums
as may be necessary for each succeeding fiscal year.
SEC. 124. STUDY OF METHAMPHETAMINE TREATMENT.
(a) Study.--
(1) Requirement.--The Secretary of Health and Human
Services shall, in consultation with the Institute of Medicine
of the National Academy of Sciences, conduct a study on the
development of 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 2001 such sums as may be necessary to meet the requirements
of subsection (a).
Subtitle D--Reports
SEC. 131. REPORTS ON CONSUMPTION OF METHAMPHETAMINE AND OTHER ILLICIT
DRUGS IN RURAL AREAS, METROPOLITAN AREAS, AND
CONSOLIDATED METROPOLITAN AREAS.
The Secretary of Health and Human Services shall include in each
National Household Survey on Drug Abuse appropriate prevalence data and
information on the consumption of methamphetamine and other illicit
drugs in rural areas, metropolitan areas, and consolidated metropolitan
areas.
SEC. 132. REPORT ON DIVERSION OF ORDINARY, OVER-THE-COUNTER
PSEUDOEPHEDRINE AND PHENYLPROPANOLAMINE PRODUCTS.
(a) Study.--The Attorney General shall conduct a study of the use
of ordinary, over-the-counter pseudoephedrine and phenylpropanolamine
products in the clandestine production of illicit drugs. Sources of
data for the study shall include the following:
(1) Information from Federal, State, and local clandestine
laboratory seizures and related investigations identifying the
source, type, or brand of drug products being utilized and how
they were obtained for the illicit production of
methamphetamine and amphetamine.
(2) Information submitted voluntarily from the
pharmaceutical and retail industries involved in the
manufacture, distribution, and sale of drug products containing
ephedrine, pseudoephedrine, and phenylpropanolamine, including
information on changes in the pattern, volume, or both, of
sales of ordinary, over-the-counter pseudoephedrine and
phenylpropanolamine products.
(b) Report.--
(1) Requirement.--Not later than one year after the date of
the enactment of this Act, the Attorney General shall submit to
Congress a report on the study conducted under subsection (a).
(2) Elements.--The report shall include--
(A) the findings of the Attorney General as a
result of the study; and
(B) such recommendations on the need to establish
additional measures to prevent diversion of ordinary,
over-the-counter pseudoephedrine and
phenylpropanolamine (such as a threshold on ordinary,
over-the-counter pseudoephedrine and
phenylpropanolamine products) as the Attorney General
considers appropriate.
(3) Matters considered.--In preparing the report, the
Attorney General shall consider the comments and
recommendations including the comments on the Attorney
General's proposed findings and recommendations, of State and
local law enforcement and regulatory officials and of
representatives of the industry described in subsection (a)(2).
(c) Regulation of Retail Sales.--
(1) In general.--Notwithstanding section 401(d) of the
Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C.
802 note) and subject to paragraph (2), the Attorney General
shall establish by regulation a single-transaction limit of not
less than 24 grams of ordinary, over-the-counter
pseudoephedrine or phenylpropanolamine (as the case may be) for
retail distributors, if the Attorney General finds, in the
report under subsection (b), that--
(A) there is a significant number of instances (as
set forth in paragraph (3)(A) of such section 401(d)
for purposes of such section) where ordinary, over-the-
counter pseudoephedrine products, phenylpropanolamine
products, or both such products that were purchased
from retail distributors were widely used in the
clandestine production of illicit drugs; and
(B) the best practical method of preventing such
use is the establishment of single-transaction limits
for retail distributors of either or both of such
products.
(2) Due process.--The Attorney General shall establish the
single-transaction limit under paragraph (1) only after notice,
comment, and an informal hearing.
TITLE II--CONTROLLED SUBSTANCES GENERALLY
Subtitle A--Criminal Matters
SEC. 201. ENHANCED PUNISHMENT FOR TRAFFICKING IN LIST I CHEMICALS.
(a) Amendments 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
violation of paragraph (1) or (2) of section 401(d) of the Controlled
Substances Act (21 U.S.C. 841(d)) involving a list I chemical and any
violation of paragraph (1) or (3) of section 1010(d) of the Controlled
Substance Import and Export Act (21 U.S.C. 960(d)) involving a list I
chemical.
(b) Ephedrine, Phenylpropanolamine, and Pseudoephedrine.--
(1) In general.--In carrying this section, the United
States Sentencing Commission shall, with respect to each
offense described in subsection (a) involving ephedrine,
phenylpropanolamine, or pseudoephedrine (including their salts,
optical isomers, and salts of optical isomers), review and
amend its guidelines to provide for increased penalties such
that those penalties corresponded to the quantity of controlled
substance that could reasonably have been manufactured using
the quantity of ephedrine, phenylpropanolamine, or
pseudoephedrine possessed or distributed.
(2) Conversion ratios.--For the purposes of the amendments
made by this subsection, the quantity of controlled substance
that could reasonably have been manufactured shall be
determined by using a table of manufacturing conversion ratios
for ephedrine, phenylpropanolamine, and pseudoephedrine, which
table shall be established by the Sentencing Commission based
on scientific, law enforcement, and other data the Sentencing
Commission considers appropriate.
(c) Other List I Chemicals.--In carrying this section, the United
States Sentencing Commission shall, with respect to each offense
described in subsection (a) involving any list I chemical other than
ephedrine, phenylpropanolamine, or pseudoephedrine, review and amend
its guidelines to provide for increased penalties such that those
penalties reflect the dangerous nature of such offenses, the need for
aggressive law enforcement action to fight such offenses, and the
extreme dangers associated with unlawful activity involving
methamphetamine and amphetamine, including--
(1) the rapidly growing incidence of controlled substance
manufacturing;
(2) the extreme danger inherent in manufacturing controlled
substances;
(3) the threat to public safety posed by manufacturing
controlled substances; and
(4) the recent increase in the importation, possession, and
distribution of list I chemicals for the purpose of
manufacturing controlled substances.
(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. 202. MAIL ORDER REQUIREMENTS.
Section 310(b)(3) of the Controlled Substances Act (21 U.S.C.
830(b)(3)) is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) As used in this paragraph:
``(i) The term `drug product' means an 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. 203. 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 2001, $500,000 for purposes of
carrying out the agreement under this subsection.
Subtitle B--Other Matters
SEC. 211. WAIVER AUTHORITY FOR PHYSICIANS WHO DISPENSE OR PRESCRIBE
CERTAIN NARCOTIC DRUGS FOR MAINTENANCE TREATMENT OR
DETOXIFICATION TREATMENT.
(a) Requirements.--Section 303(g) of the Controlled Substances Act
(21 U.S.C. 823(g)) is amended--
(1) in paragraph (2), by striking ``(A) security'' and
inserting ``(i) security'', and by striking ``(B) the
maintenance'' and inserting ``(ii) the maintenance'';
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(3) by inserting ``(1)'' after ``(g)'';
(4) by striking ``Practitioners who dispense'' and
inserting ``Except as provided in paragraph (2), practitioners
who dispense or prescribe''; and
(5) by adding at the end the following:
``(2)(A) Subject to subparagraph (D), the requirements of paragraph
(1) are waived in the case of the dispensing or prescribing, by a
physician, of narcotic drugs in schedule III, IV, or V, or combinations
of such drugs, if the physician meets the conditions specified in
subparagraph (B) and the narcotic drugs or combinations of such drugs
meet the conditions specified in subparagraph (C).
``(B)(i) For purposes of subparagraph (A), the conditions specified
in this subparagraph with respect to a physician are that, before
initially dispensing or prescribing narcotic drugs in schedule III, IV,
or V, or combinations of such drugs, to patients for maintenance or
detoxification treatment, the physician submit to the Secretary and the
Attorney General a notification of the intent of the physician to begin
dispensing or prescribing the drugs or combinations for such purpose,
and that the notification to the Secretary also contain the following
certifications by the physician:
``(I) The physician--
``(aa) is a physician licensed under State law; and
``(bb) has training or experience and the ability
to treat and manage opiate-dependent patients.
``(II) With respect to patients to whom the physician will
provide such drugs or combinations of drugs, the physician has
the capacity to refer the patients for appropriate counseling
and other appropriate ancillary services.
``(III) In any case in which the physician is not in a
group practice, the total number of such patients of the
physician at any one time will not exceed the applicable
number. For purposes of this subclause, the applicable number
is 30, except that the Secretary may by regulation change such
total number.
``(IV) In any case in which the physician is in a group
practice, the total number of such patients of the group
practice at any one time will not exceed the applicable number.
For purposes of this subclause, the applicable number is 30,
except that the Secretary may by regulation change such total
number, and the Secretary for such purposes may by regulation establish
different categories on the basis of the number of physicians in a
group practice and establish for the various categories different
numerical limitations on the number of such patients that the group
practice may have.
``(ii)(I) The Secretary may, in consultation with the Administrator
of the Drug Enforcement Administration, the Administrator of the
Substance Abuse and Mental Health Services Administration, the Director
of the Center for Substance Abuse Treatment, the Director of the
National Institute on Drug Abuse, and the Commissioner of Food and
Drugs, issue regulations through notice and comment rulemaking or
practice guidelines to address the following:
``(aa) Approval of additional credentialing bodies and the
responsibilities of additional credentialing bodies.
``(bb) Additional exemptions from the requirements of this
paragraph and any regulations under this paragraph.
``(II) Nothing in the regulations or practice guidelines under this
clause may authorize any Federal official or employee to exercise
supervision or control over the practice of medicine or the manner in
which medical services are provided.
``(III)(aa) The Secretary shall issue a Treatment Improvement
Protocol containing best practice guidelines for the treatment and
maintenance of opiate-dependent patients. The Secretary shall develop
the protocol in consultation with the Director of the National
Institute on Drug Abuse, the Director of the Center for Substance Abuse
Treatment, the Administrator of the Drug Enforcement Administration,
the Commissioner of Food and Drugs, the Administrator of the Substance
Abuse and Mental Health Services Administration, and other substance
abuse disorder professionals. The protocol shall be guided by science.
``(bb) The protocol shall be issued not later than 120 days after
the date of the enactment of the Methamphetamine and Club Drug Anti-
Proliferation Act of 2000.
``(IV) For purposes of the regulations or practice guidelines under
subclause (I), a physician shall have training or experience under
clause (i)(I)(bb) if the physician meets one or more of the following
conditions:
``(aa) The physician is certified in addiction treatment by
the American Society of Addiction Medicine, the American Board
of Medical Specialties, the American Osteopathic Academy of
Addiction Medicine, or any other certified body accredited by
the Secretary.
``(bb) The physician has been a clinical investigator in a
clinical trial conducted for purposes of securing approval
under section 505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355) or section 351 of the Public Health Service Act
(42 U.S.C. 262) of a narcotic drug in schedule III, IV, or V
for the treatment of addiction, if such approval was granted.
``(cc) The physician has completed training (through
classroom situations, seminars, professional society meetings,
electronic communications, or otherwise) provided by the
American Society of Addiction Medicine, the American Academy of
Addiction Psychiatry, the American Osteopathic Academy of
Addiction Medicine, the American Medical Association, the
American Osteopathic Association, the American Psychiatric
Association, or any other organization that the Secretary
determines appropriate for purposes of this item. The curricula
may include training in patient need for counseling regarding
HIV, Hepatitis C, and other infectious diseases, substance
abuse counseling, random drug testing, medical evaluation,
annual assessment, prenatal care, diagnosis of addiction,
rehabilitation services, confidentiality, and other appropriate
topics.
``(dd) The physician has training or experience in the
treatment and management of opiate-dependent patients, which
training or experience shall meet such criteria as the
Secretary may prescribe. Any such criteria shall be effective
for a period of three years after the effective date of such
criteria, but the Secretary may extend the effective period of
such criteria by additional periods of three years for each
extension if the Secretary determines that such extension is
appropriate for purposes of this item. Any such extension shall
go into effect only if the Secretary publishes a notice of such
extension in the Federal Register during the 30-day period
ending on the date of the end of the three-year effective
period of such criteria to which such extension will apply.
``(ee) The physician is certified in addiction treatment by
a State medical licensing board, or an entity accredited by
such board, unless the Secretary determines (after an
opportunity for a hearing) that the training provided by such
board or entity was inadequate for the treatment and management
of opiate-dependent patients.
``(C) For purposes of subparagraph (A), the conditions specified in
this subparagraph with respect to narcotic drugs in schedule III, IV,
or V, or combinations of such drugs, are as follows:
``(i) The drugs or combinations of drugs have, under the
Federal Food, Drug and Cosmetic Act or section 351 of the
Public Health Service Act, been 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 experience since
the approval of the drug or combinations of drugs has shown
that the use of the drugs or combinations of drugs for
maintenance or detoxification treatment requires additional
standards respecting the qualifications of physicians 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
physician 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 physician.
``(II) The notification identifies the registration issued
for the physician pursuant to subsection (f).
``(III) If the physician is a member of a group practice,
the notification states the names of the other physicians in
the practice and identifies the registrations issued for the
other physicians 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 physician 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 physician dispenses or
prescribes narcotic drugs in schedule III, 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
physician to have committed an act that renders the registration of the
physician pursuant to subsection (f) to be inconsistent with the public
interest.
``(F)(i) Upon determining that a physician meets the conditions
specified in subparagraph (B), the Secretary shall notify the physician
and the Attorney General.
``(ii) Upon receiving notice with respect to a physician under
clause (i), the Attorney General shall assign the physician an
identification number under this paragraph for inclusion with the
physician's current registration to prescribe narcotics. An
identification number assigned a physician under this clause shall be
appropriate to preserve the confidentiality of a patient prescribed
narcotic drugs covered by this paragraph by the physician.
``(iii) If the Secretary fails to make a determination described in
clause (i) by the end of the 45-day period beginning on the date of the
receipt by the Secretary of a notification from a physician under
subparagraph (B), the Attorney General shall assign the physician an
identification number described in clause (ii) at the end of such
period.
``(G) In this paragraph:
``(i) The term `group practice' has the meaning given such
term in section 1877(h)(4) of the Social Security Act.
``(ii) The term `physician' has the meaning given such term
in section 1861(r) of the Social Security Act.
``(H)(i) This paragraph takes effect on the date of the enactment
of the Methamphetamine and Club Drug Anti-Proliferation Act of 2000,
and remains in effect thereafter except as provided in clause (iii)
(relating to a decision by the Secretary or the Attorney General that
this 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 the enactment of the Methamphetamine and Club Drug Anti-
Proliferation Act of 2000, 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--
``(aaa) may collect data from the practitioners for
whom waivers under subparagraph (A) are in effect;
``(bbb) shall issue appropriate guidelines or
regulations (in accordance with procedures for
substantive rules under section 553 of title 5, United
States Code) specifying the scope of the data that will
be required to be provided under this subclause and the
means through which the data will be collected; and
``(ccc) shall, with respect to collecting such
data, comply with applicable provisions of 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).
``(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 III, IV, or V, or
combinations of such drugs, are being dispensed or
prescribed, or possessed, in violation of this Act.
``(iii) If, before the expiration of the period specified in clause
(ii), the Secretary or the Attorney General 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.
``(I) During the 3-year period beginning on the date of the
enactment of the Methamphetamine and Club Drug Anti-Proliferation Act
of 2000, a State may not preclude a practitioner from dispensing or
prescribing narcotic drugs in schedule III, IV, or V, or combinations
of such drugs, to patients for maintenance or detoxification 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 or prescribing such drugs or combination of drugs.''.
(b) Conforming Amendments.--Section 304 of the Controlled
Substances Act (21 U.S.C. 824) is amended--
(1) in subsection (a), in the matter following paragraph
(5), by striking ``section 303(g)'' each place the term appears
and inserting ``section 303(g)(1)''; and
(2) in subsection (d), by striking ``section 303(g)'' and
inserting ``section 303(g)(1)''.
(c) Authorization of Appropriations.--There is hereby authorized to
be appropriated for purposes of activities under section 303(g)(2) of
the Controlled Substances Act, as added by subsection (a), amounts as
follows:
(1) For fiscal year 2001, $3,000,000.
(2) For each fiscal year after fiscal year 2001, such sums
as may be necessary for such fiscal year.
TITLE III--MISCELLANEOUS
SEC. 301. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET WEBSITES.
Not later than 90 days after the date of the enactment of this Act,
the head of each department, agency, and 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. 302. SEVERABILITY.
Any provision of this Act held to be invalid or unenforceable by
its terms, or as applied to any person or circumstance, shall be
construed as to give the maximum effect permitted by law, unless such
provision is held to be utterly invalid or unenforceable, in which
event such provision shall be severed from this Act and shall not
affect the applicability of the remainder of this Act, or of such
provision, to other persons not similarly situated or to other,
dissimilar circumstances.
TITLE IV--CLUB DRUG ANTI-PROLIFERATION
SEC. 401. ENHANCED PUNISHMENT OF CLUB DRUG TRAFFICKERS.
(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 regarding any offense relating to the manufacture,
importation, or exportation of, or trafficking in--
(1) 3,4-methylenedioxy methamphetamine;
(2) 3,4-methylenedioxy amphetamine;
(3) 3,4-methylenedioxy-N-ethylamphetamine;
(4) paramethoxymethamphetamine (PMA); or
(5) any other controlled substance, as determined by the
Sentencing Commission in consultation with the Attorney
General, that is marketed as a club drug and that has either a
chemical structure substantially similar to that of 3,4-
methylenedioxy methamphetamine or paramethoxymethamphetamine or
an effect on the central nervous system substantially similar
to or greater than that of 3,4-methylenedioxy methamphetamine
or paramethoxymethamphetamine; (including an attempt or
conspiracy to commit an offense described in paragraph (1),
(2), (3), or (4)) in violation of the Controlled Substances Act
(21 U.S.C. 801 et seq.), the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act
(46 U.S.C. 1901 et seq.).
(b) General Requirement.--In carrying out this section, the United
States Sentencing Commission shall, with respect to each offense
described in subsection (a)--
(1) review and amend the Federal sentencing guidelines to
provide for increased penalties such that those penalties are
comparable to the base offense levels for offenses involving
any methamphetamine mixture; and
(2) take any other action the Commission considers to be
necessary to carry out this subsection.
(c) Additional Requirements.--In carrying out this section, the
United States Sentencing Commission shall ensure that the Federal
Sentencing guidelines for offenders convicted of offenses described in
subsection (a) reflect--
(1) the need for aggressive law enforcement action with
respect to offenses involving the controlled substances
described in subsection (a); and
(2) the dangers associated with unlawful activity involving
such substances, including--
(A) the rapidly growing incidence of abuse of the
controlled substances described in subsection (a) and
the threat to public safety that such abuse poses;
(B) the recent increase in the illegal importation
of the controlled substances described in subsection
(a);
(C) the young age at which children are beginning
to use the controlled substances described in
subsection (a); and
(D) any other factor that the Sentencing Commission
deems appropriate.
SEC. 402. ENHANCED PUNISHMENT OF GHB TRAFFICKERS.
(a) Amendment to Federal Sentencing 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, or exportation of, or
trafficking in--
(1) gamma-hydroxybutyric acid and its salts; or
(2) the List I Chemical gamma-butyrolactone; (including an
attempt or conspiracy to commit an offense described in
paragraph (1) or (2)) in violation of the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances Import
and Export Act (21 U.S.C. 951 4 et seq.), or the Maritime Drug
Law Enforcement Act (46 5 U.S.C. 1901 et seq.).
(b) General Requirements.--In carrying out this section, the United
States Sentencing Commission shall with respect to each offense
described in subsection (a)--
(1) review and amend the Federal Sentencing guidelines to
provide for increased penalties such that those penalties
reflect the seriousness of these offenses and the need to deter
them;
(2) assure that the guidelines provide that offenses
involving a significant quantity of Schedule I and II
depressants are subject to greater terms of imprisonment than
currently provided by the guidelines and that such terms are
consistent with applicable statutory maximum penalties; and
(3) take any other action the Commission considers to be
necessary to carry out this subsection.
(c) Additional Requirements.--In carrying out this section, the
United States Sentencing Commission shall consider--
(1) the dangers associated with the use of the substances
described in subsection (a), and unlawful activity involving
such substances;
(2) the rapidly growing incidence of abuse of the
controlled substances described in subsection (a) and the
threat to public safety that such abuse poses, including the
dangers posed by overdose; and
(3) the recent increase in the illegal manufacture of the
controlled substances described in subsection (a).
SEC. 403. EMERGENCY AUTHORITY TO SENTENCING COMMISSION.
The United States Sentencing Commission shall promulgate amendments
under this Act as soon as practicable after the date of the enactment
of this Act in accordance with the procedure set forth in section 21(a)
of the Sentencing Act of 1987 (Public Law 100-182), as though the
authority under that Act had not expired.
SEC. 404. EXPANSION OF CLUB DRUG ABUSE PREVENTION EFFORTS.
(a) Public Health Service Assistance.--Part A of title V of the
Public Health Service Act (42 U.S.C. 20 290aa et seq.) is amended by
adding at the end the following:
``SEC. 506. GRANTS FOR CLUB DRUG ABUSE PREVENTION.
(a) Authority.--The Administrator may make grants to, and enter
into contracts and cooperative agreements with, public and nonprofit
private entities to enable such entities--
``(1) to carry out school-based programs concerning the
dangers of abuse of and addiction to 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related drugs,
using methods that are effective and science-based, including
initiatives that give students the responsibility to create
their own antidrug abuse education programs for their schools;
and
``(2) to carry out community-based abuse and addiction
prevention programs relating to 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related drugs
that are effective and science-based.
``(b) Use of Funds.--Amounts made available under a grant, contract
or cooperative agreement under subsection (a) shall be used for
planning, establishing, or administering prevention programs relating
to 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs in accordance with paragraph (3).
``(c)(1) Discretionary Functions.--Amounts provided under this
section may be used--
``(A) to carry out school-based programs that are focused
on those districts with high or increasing rates of abuse and
addiction to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs and targeted at populations
that are most at risk to start abuse of 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related drugs;
``(B) to carry out community-based prevention programs that
are focused on those populations within the community that are
most at-risk for abuse of and addiction to 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related drugs;
``(C) to assist local government entities to conduct
appropriate prevention activities relating to 3,4-
methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs;
``(D) to train and educate State and local law enforcement
officials, prevention and education officials, health
professionals, members of community antidrug coalitions and
parents on the signs of abuse of and addiction to 3,4-
methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs, and the options for treatment and prevention;
``(E) for planning, administration, and educational
activities related to the prevention of abuse of and addiction
to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs;
``(F) for the monitoring and evaluation of prevention
activities relating to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs, and reporting and
disseminating resulting information to the public; and
``(G) for targeted pilot programs with evaluation
components to encourage innovation and experimentation with new
methodologies.
``(2) Priority.--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 abuse and addiction to
3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs.
``(d)(1) Prevention Program Allocation.--Not less than $500,000 of
the amount available in each fiscal year to carry out this section
shall be made available to the Administrator, acting in consultation
with other Federal agencies, to support and conduct periodic analyses
and evaluations of effective prevention programs for abuse of and
addiction to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs and the development of
appropriate strategies for disseminating information about and
implementing these programs.
``(2) Report.--The Administrator shall submit an annual report
containing the results of the analyses and evaluations conducted under
paragraph (1) to--
``(A) the Committee on Health, Education, Labor, and
Pensions, the Committee on the Judiciary, and the Committee on
Appropriations of the Senate; and
``(B) the Committee on Commerce, the Committee on the
Judiciary, and the Committee on Appropriations of the House of
Representatives.
``(e) Authorization.--There is authorized to be appropriated to
carry out this subsection--
``(1) $5,000,000 for fiscal year 2001; and
``(2) such sums as may be necessary for each succeeding
fiscal year.''.
(b) National Youth Antidrug Media Campaign.--In conducting the
national media campaign under section 102 of the Drug-Free Media
Campaign Act of 1998 (21 U.S.C. 1801), the Director of the Office of
National Drug Control Policy shall ensure that such campaign addresses
the reduction and prevention of abuse of 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related drugs among
young people in the United States.
TITLE V--REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRATION OF EXPENSES
INCURRED TO REMEDIATE METHAMPHETAMINE LABORATORIES
SEC. 501. REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRATION OF EXPENSES
INCURRED TO REMEDIATE METHAMPHETAMINE LABORATORIES.
(a) Reimbursement Authorized.--The Attorney General, acting through
the Administrator of the Drug Enforcement Administration, may reimburse
States, units of local government, Indian tribal governments, other
public entities, and multi-jurisdictional or regional consortia thereof
for expenses incurred to clean up and safely dispose of substances
associated with clandestine methamphetamine laboratories which may
present a danger to public health or the environment.
(b) Additional DEA Personnel.--From amounts appropriated or
otherwise made available to carry out this section, the Attorney
General may hire not more than 5 additional Drug Enforcement
Administration personnel to administer this section.
(c) Funding.--
(1) Fiscal year 2000.--From the unobligated balances
available to the Department of Justice for fiscal year 2000 to
carry out part Q of the Omnibus Crime Control and Safe Streets
Act of 1968, known as the Community Oriented Policing Services
program (42 U.S.C. 3796dd et seq.), the Attorney General shall
make available $10,000,000 to be used only to carry out this
section.
(2) Fiscal year 2001.--There are authorized to be
appropriated to the Attorney General to carry out this section
$20,000,000 for fiscal year 2001.
TITLE VI--FEDERAL DRUG COURTS
SEC. 601. ESTABLISHMENT.
Notwithstanding any other provision of law, the court, upon the
conviction of an individual for a Federal offense which the court
determines is a nonviolent drug-related offense involving a simple
possession quantity of drugs, as defined in the Controlled Substances
Act, shall consider sentencing that individual to an appropriate
rehabilitation program established under this title. In such regard,
the court shall consider and use where appropriate--
(1) day fines;
(2) house arrest;
(3) electronic monitoring;
(4) intensive probation supervision;
(5) defense-based sentencing;
(6) day reporting centers;
(7) victim-offender reconciliation;
(8) shock incarceration; and
(9) substance abuse treatment in lieu of incarceration,
including treatment in a therapeutic community.
SEC. 602. REHABILITATION PROGRAM.
(a) In General.--The Bureau of Prisons (hereinafter in this title
referred to as the ``Bureau'') shall establish and maintain a
rehabilitation program. The program shall consist of--
(1) residential substance abuse treatment; and
(2) aftercare services.
(b) Definitions.--As used in this title--
(1) the term ``residential substance abuse treatment''
means a course of individual and group activities, lasting
between 9 and 12 months, in residential treatment facilities
(which the in case of prisoners are set apart from the general
prison population)--
(A) directed at the substance abuse problems of the
convicted person;
(B) intended to develop a person's cognitive,
behavioral, social, vocational, and other skills so as
to solve the convicted person's substance abuse and
related problems; and
(C) shall include--
(i) addiction education;
(ii) individual, group, and family
counseling pursuant to individualized treatment
plans;
(iii) opportunity for involvement in
Alcoholics Anonymous, Narcotics Anonymous, or
Cocaine Anonymous;
(iv) parenting skills training, domestic
violence counseling, and sexual abuse
counseling, where appropriate;
(v) HIV education counseling and testing,
when requested, and early intervention services
for seropositive individuals;
(vi) services that facilitate access to
health and social services, where appropriate
and to the extent available; and
(vii) planning for and counseling to assist
reentry into society, including referrals to
appropriate educational, vocational, and other
employment-related programs (to the extent
available), referrals, to appropriate
outpatient or other drug or alcohol treatment,
counseling, transitional housing, and
assistance in obtaining suitable affordable
housing and employment upon completion of
treatment (and release from prison, if
applicable);
(2) the term ``aftercare services'' means a course of
individual and group treatment for a minimum of one year
involving sustained and frequent interaction between the
program and with individuals who have successfully completed a
program of residential substance abuse treatment, and shall
include consistent personal interaction between the individual
and a primary counselor or case manager, participation in group
and individual counseling sessions, social activities targeted
toward a recovering substance abuser, and, where appropriate,
more intensive intervention; and
(3) the term ``substance abuse'' means the abuse of drugs
or alcohol.
(c) Preference for Community-Based Programs.--Residential substance
abuse treatment services shall be provided, to the greatest extent
possible, by community-based drug and alcohol treatment programs.
(d) Report.--The Bureau of Prisons shall transmit to the Congress
on January 1, 2002, and on January 1 of each year thereafter, a report.
Such report shall contain--
(1) a detailed quantitative and qualitative description of
each substance abuse treatment program, residential or not,
operated by the Bureau; and
(2) a complete statement of to what extent the Bureau has
achieved compliance with the requirements of this title.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums are necessary to
carry out this title.
TITLE VII--STUDY OF THE EFFECT OF MANDATORY MINIMUM SENTENCES FOR
NONVIOLENT CONTROLLED SUBSTANCE OFFENSES
SEC. 701. FINDINGS.
The Congress finds that--
(1) there is substantial evidence that mandatory minimum
sentences disproportionately affect people of color and
especially African-Americans;
(2) the use of mandatory minimum sentences has torn apart
African-American families and taken a horrible toll on the
African-American community;
(3) from 1980 to 1992, the height of the so-called ``War on
Drugs,'' the rate of incarceration in prisons rose from 139 to
332 per 100,000 residents and 84 percent of the increase in
State prison admissions was for nonviolent offenders;
(4) if incarceration rates remain unchanged, Justice
Department data indicate that an estimated 1 in 20 of today's
children will serve time in prison during their lifetime;
(5) the rate of imprisonment for black men is 8.5 times
that of white men, a rate of 3,098 per 100,000, compared with a
white rate of 370;
(6) over the last 10 years, the black male rate of
incarceration increased at a rate of 10 times the rate of that
of white men;
(7) if the current rate of incarceration remains unchanged,
28.5 percent of black men will be confined at least once in
their lifetime, a figure 6 times that of white men;
(8) black women are incarcerated at a rate of 8 times that
of white women;
(9) while the proportion of black drug users has hovered at
15 percent, blacks constitute 36 percent of those arrested for
drug possession; and
(10) between 1990 and 1996, 82 percent of the increase in
black Federal inmates was due to drug offenses.
SEC. 702. DEPARTMENT OF JUSTICE STUDY.
The Attorney General shall within 1 year after the enactment of
this Act to the Committees on the Judiciary of the House of
Representatives and Senate issue a report on the racial impact of
mandatory minimum sentences for controlled substance offenses, their
effectiveness in reducing drug-related crime by nonviolent offenders in
contrast with other approaches such as drug treatment programs, and the
appropriateness of the use of such sentences on nonviolent offenders.
TITLE VIII--RULE OF CONSTRUCTION
SEC. 801. RULE OF CONSTRUCTION.
Notwithstanding any other provision of this Act, nothing in this
Act shall be construed to impose any new mandatory minimum sentences.
Amend the title so as to read: ``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.''.
Union Calendar No. 529
106th CONGRESS
2d Session
H. R. 2987
[Report No. 106-878, Part I]
_______________________________________________________________________
A BILL
To provide for the punishment of methamphetamine laboratory operators,
provide additional resources to combat methamphetamine production,
trafficking, and abuse in the United States, and for other purposes.
_______________________________________________________________________
September 21, 2000
Reported from the Committee on the Judiciary with amendments
September 21, 2000
Referral to the Committee on Commerce extended until September 21, 2000
September 21, 2000
The Committee on Commerce discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed