[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 486 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                 S. 486

_______________________________________________________________________

                                 AN ACT


 
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 
Anti-Proliferation Act of 1999''.
    (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. Advertisements for drug paraphernalia and schedule I 
                            controlled substances.
Sec. 204. Theft and transportation of anhydrous ammonia for purposes of 
                            illicit production of controlled 
                            substances.
Sec. 205. Criminal prohibition on distribution of certain information 
                            relating to the manufacture 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. Notice; clarification.
Sec. 302. Antidrug messages on Federal Government Internet websites.
Sec. 303. Severability.

      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--
                    (A) if the offense created a substantial risk of 
                harm to human life (other than a life described in 
                subparagraph (B)) or the environment, increase the base 
                offense level for the offense--
                            (i) by not less than 3 offense levels above 
                        the applicable level in effect on the date of 
                        the enactment of this Act; or
                            (ii) if the resulting base offense level 
                        after an increase under clause (i) would be 
                        less than level 27, to not less than level 27; 
                        or
                    (B) if the offense created a substantial risk of 
                harm to the life of a minor or incompetent, increase 
                the base offense level for the offense--
                            (i) by not less than 6 offense levels above 
                        the applicable level in effect on the date of 
                        the enactment of this Act; or
                            (ii) if the resulting base offense level 
                        after an increase under clause (i) would be 
                        less than level 30, to not less than level 30.
            (3) Emergency authority to sentencing commission.--The 
        United States Sentencing Commission shall promulgate amendments 
        pursuant to this subsection as soon as practicable after the 
        date of 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 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. 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 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. 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 2000 and 
        such sums as may be necessary for each of fiscal years 2001 and 
        2002.
            ``(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 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. 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 2000 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, 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. ADVERTISEMENTS FOR DRUG PARAPHERNALIA AND SCHEDULE I 
              CONTROLLED SUBSTANCES.

    (a) Drug Paraphernalia.--Subsection (a)(1) of section 422 of the 
Controlled Substances Act (21 U.S.C. 863) is amended by inserting ``, 
directly or indirectly advertise for sale,'' after ``sell''.
    (b) Immunities and Obligations of Interactive Computer Services.--
            (1) In general.--Such section 422 is further amended by 
        adding at the end the following new subsection:
    ``(g) Immunities and Obligations of Interactive Computer 
Services.--
            ``(1) In general.--An interactive computer service that 
        satisfies the conditions of this subsection shall not be liable 
        under this section or section 2 or 371 of title 18, United 
        States Code, for the use of its facilities or services--
                    ``(A) by another person, or
                    ``(B) as an information location tool referred to 
                in paragraph (6)(A), provided that the interactive 
                computer service does not control or modify (except to 
                prevent or avoid a violation of law) the content of the 
                online location to which such location tool refers or 
                links,
        to engage in activity that violates this section, except as 
        provided in paragraph (2).
            ``(2) Notice and take down responsibility.--
                    ``(A) In general.--If an interactive computer 
                service receives a notice described in subparagraph (B) 
                that a particular online site residing on a computer 
                server controlled or operated by the provider is being 
                used to violate this section, the provider shall within 
                48 hours, not including weekends and holidays, remove 
                or disable access to the matter residing at that online 
                site that allegedly violates this section.
                    ``(B) Notice.--A notice is described in this 
                subparagraph only if it is a written communication from 
                the Attorney General, the Administrator of the Drug 
                Enforcement Administration, or a United States Attorney 
                supplied to the agent of the interactive computer 
                service designated in accordance with section 512(c)(2) 
                of title 17, United States Code, or to any employee of 
                the provider if no such designation has been made, and 
                includes--
                            ``(i) identification of the matter that 
                        allegedly violates this section and that is to 
                        be removed or access to which is to be 
                        disabled;
                            ``(ii) an allegation that such matter 
                        violates this section;
                            ``(iii) information reasonably sufficient 
                        to permit the interactive computer service to 
                        locate such matter; and
                            ``(iv) information reasonably sufficient to 
                        permit the interactive computer service to 
                        contact the Federal official, including an 
                        address, telephone number, and, if available, 
                        an electronic mail address at which the Federal 
                        official providing such notice may be 
                        contacted.
                    ``(C) Failure to take down matter.--An interactive 
                computer service that does not take the actions 
                described in this paragraph upon receiving a notice 
                meeting the requirements of subparagraph (B) shall be 
                deemed to have knowingly permitted its computer server 
                to be used to engage in activity prohibited by this 
                section and to have actual knowledge that the activity 
                is prohibited by this section.
                    ``(D) Applicability to providers of browser 
                software.--
                            ``(i) Inapplicability.--This paragraph 
                        shall not apply to a provider of browser 
                        software to the extent that the provider 
                        provides access to information location tools 
                        controlled by another party.
                            ``(ii) Applicability.--This paragraph shall 
                        apply to a provider of browser software which 
                        provides matter consisting primarily of matter 
                        prohibited by this section or which holds 
                        itself out to others as a source of, or 
                        directory for, or means of searching for matter 
                        prohibited by this section.
            ``(3) Applicability.--Paragraph (1) shall not apply in the 
        case of an interactive computer service which--
                    ``(A) knowingly permits an online site on its 
                computer server to be used to engage in activity that 
                the interactive computer service has actual knowledge 
                is prohibited by this section;
                    ``(B) consists primarily of matter prohibited by 
                this section; or
                    ``(C) holds itself out to others as a source of, or 
                means of searching for matter prohibited by this 
                section.
            ``(4) Immunity for removal of matter.--An interactive 
        computer service shall not be liable under Federal or State law 
        for taking any action to remove or disable access to any matter 
        described in this section, or to terminate the account of any 
        subscriber of such service, based upon a good faith belief that 
        such matter violates this section or that such subscriber has 
        engaged in a violation of this section.
            ``(5) Penalties for Misrepresentations.--Any person who 
        knowingly misrepresents under this section that such person is 
        an official of a law enforcement agency described in paragraph 
        (2)(B) shall be deemed to violate section 912 of title 18, 
        United States Code.
            ``(6) Definition.--An interactive computer service referred 
        to in this subsection is an interactive computer service (as 
        that term is defined in section 230(f) of the Communications 
        Act of 1934 (47 U.S.C. 230(f)), including a service that--
                    ``(A) provides an information location tool to 
                refer or link users to an online location, including a 
                directory, index, or hypertext link, provided that the 
                interactive computer service does not control or modify 
                the content of the online location to which such 
                location tool refers or links; or
                    ``(B) is engaged in the transmission, storage, 
                retrieval, hosting, formatting, or translation of a 
                communication made by another person without selection 
                or alteration of the content of the communication, 
                other than that done in good faith to prevent or avoid 
                a violation of law.''.
            (2) Directory of agents.--
                    (A) Provision to attorney general.--Not later than 
                three months after the date of the enactment of this 
                Act, and every month thereafter, the Register of 
                Copyrights shall provide to the Attorney General and 
                the Administrator of the Drug Enforcement 
                Administration an electronic copy of the registry of 
                designated agents described in section 512(c)(2) of 
                title 17, United States Code.
                    (B) Provision to united states attorneys.--The 
                Attorney General shall make available to all United 
                States Attorneys each registry made available to the 
                Attorney General under subparagraph (A).
    (c) Directly or Indirectly Advertise for Sale Defined.--Such 
section 422 is further amended by adding at the end the following new 
subsection:
    ``(h) In this section, the term `directly or indirectly advertise 
for sale' means the use of any communication facility (as that term is 
defined in section 403(b)) to post, publicize, transmit, publish, link 
to, broadcast, or otherwise advertise any matter (including a telephone 
number or electronic or mail address) with the intent to facilitate or 
promote a transaction in.''.
    (d) Schedule I Controlled Substances.--Section 403(c) of such Act 
(21 U.S.C. 843(c)) is amended--
            (1) by inserting ``(1)'' after ``(c)'';
            (2) in paragraph (1), as so designated--
                    (A) 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(h)) any Schedule I controlled substance''; and
                    (B) in the second sentence, by striking ``term 
                `advertisement''' and inserting ``term `written 
                advertisement'''; and
            (3) by adding at the end the following:
    ``(2) In the case of direct or indirect advertisements for sale 
under paragraph (1), the limitations on criminal liability for 
interactive computer services under section 442(g) shall be available 
to interactive computer services under this subsection to the same 
extent, and subject to the same terms and conditions, as such 
limitations on criminal liability are available to interactive computer 
services under such section 442(g). For purposes of the application of 
such section 442(g) to an interactive computer service under this 
subsection, any reference in such section to the term `conduct 
prohibited by this section' shall be deemed to refer to direct or 
indirect advertisements for sale prohibited by the first sentence of 
paragraph (1).''.

SEC. 204. 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. 205. 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 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 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''.

                       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 and prescribe''; and
            (5) by adding at the end the following:
    ``(2)(A) Subject to subparagraphs (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 
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 20, 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 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 
        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 Anti-Proliferation Act 
of 1999.
    ``(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, 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 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 the 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--
                    ``(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 Anti-Proliferation Act of 1999, 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 2000, $3,000,000.
            (2) For each fiscal year after fiscal year 2000, such sums 
        as may be necessary for such fiscal year.

                        TITLE III--MISCELLANEOUS

SEC. 301. 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. 302. 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. 303. 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.

            Passed the Senate November 19, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                                 S. 486

_______________________________________________________________________

                                 AN ACT

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.

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