[Congressional Record Volume 142, Number 105 (Wednesday, July 17, 1996)]
[Senate]
[Pages S8015-S8023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Biden, Mrs. Feinstein, Mr. 
        Grassley, Mr. Specter, Mr. Wyden, Mr. DeWine, Mr. Harkin, Mr. 
        D'Amato, Mr. Kyl, Mr. Reid and Mr. Ashcroft):

  S. 1965. A bill to prevent the illegal manufacturing and use of 
methamphetamine; ordered held at the desk.


         THE COMPREHENSIVE METHAMPHETAMINE CONTROL ACT OF 1996

  Mr. HATCH. Mr. President, I rise today to introduce S. 1965, a 
bipartisan bill to combat the methamphetamine epidemic, a serious and 
growing public health problem which poses a special threat to our 
Nation's youth who are abusing the drug in record numbers.
  According to the latest information from the Drug Enforcement 
Administration, 50 percent of the methamphetamine consumed in the 
United States is illegally imported. The other 50 percent is 
manufactured illegally in the United States in clandestine labs. 
Accordingly, any national strategy to combat methamphetamine must 
target both the source of import and these clandestine labs.
  Methamphetamine presents a unique problem in the fight against 
illegal drugs. It is not grown, but is manufactured from other 
chemicals, virtually all of which are legally used for other purposes.
  Clandestine methamphetamine laboratories manufacture methamphetamine 
from chemicals with legitimate medical uses. Two of the most common 
precursor drugs--ephedrine and pseudoephedrine--are common ingredients 
in cold and cough preparations. Other precursor chemicals include 
iodine, often used in iodized salt; red phosphorous, often used in the 
production of matches; and hydrochloric acid, used for a variety of 
chemical purposes.
  In addition, methamphetamine distribution has become a major target 
of opportunity for sophisticated drug trafficking rings, including 
vicious, poly-drug organizations in Mexico who have beaten well-trodden 
paths into the United States. Willing European suppliers provide them 
with tons of ephedrine, the precursor drug used to manufacture the 
illegal meth.

[[Page S8016]]

  These Mexican methamphetamine traffickers are organized--and they do 
not hesitate to use extreme violence. They showed their true colors 
when they murdered DEA special agent Richard Fass in Glendale, AZ, in 
June 1994--just 1 day before he was to be transferred to a new 
assignment.
  Any legislative solution to the meth crisis must, by necessity, 
balance the need to stem this illegal tide of methamphetamine into the 
United States against the need to ensure access to precursor chemicals 
which have legitimate medical uses and upon which millions of Americans 
rely.
  Mr. President, methamphetamine has wreaked havoc across America, 
especially on communities in the Southwest. And, unfortunately, it is 
spreading east. It has entered the intermountain west, especially Utah, 
and is beginning to be seen throughout the rest of the country as well.
  An indication of the magnitude of this problem is the fact that 
methamphetamine emergency room cases are up 256 percent over the 1991 
levels, according to the latest information from the Drug Abuse Warning 
Network.
  In 1994, the last year that data were available, there were 17,400 
methamphetamine-related emergency visits. In California, 
methamphetamine seizures are up 518 percent over the 1991 level.
  In Utah, we had 56 lab seizures in 1995, up from 13 in 1994. From 
January through June of this year we have already had 37 lab seizures. 
Utah has ranked in the top three States in the number of 
methamphetamine lab seizures for the past 2 years, an alarming trend.
  According to the Centers for Disease Control and Prevention, Utah has 
experienced the second greatest increase in methamphetamine-related 
admissions in the entire country--a 133-percent increase in admissions 
between 1992 and 1993.
  But statistics don't tell the whole story. This crisis is more than 
numbers, it involves real people suffering real problems. Let me show 
you examples of the people behind those numbers.
  One of these people is Russell Ray Thompson. After a long day of 
drinking alcohol and injecting methamphetamine, Thompson shot an 
unarmed female friend six times with a rifle, leaving her two orphaned 
children to live with their grandparents.
  Another is Connie Richens, from Vernal, UT. As Ms. Richens was 
preparing to meet her husband at a bowling alley, two men forced 
themselves into her apartment and slashed her throat four times. Uinta 
County sheriff's deputies found powdered methamphetamine a few feet 
from her dead body.
  Methamphetamine is a killer. It kills those who abuse it, as well as 
innocent bystanders. It is the latest outrage perpetrated on American 
society by those who deal in drugs. We must put a stop to this terrible 
problem.
  At this point, I would like to summarize the major provisions in S. 
1965.
  The first title contains measures to stop the importation of 
methamphetamine and precursor chemicals into the United States. We have 
included a long-arm provision, which imposes a maximum 10-year penalty 
on the manufacture outside the United States of a list I chemical--
which is a chemical that is used to manufacture a controlled 
substance--with intent to import it into this country.
  The second title contains several provisions to control the 
manufacture of methamphetamine in clandestine labs. It includes an 
important provision to permit the seizure and forfeiture of list I 
chemicals that are involved in illegal trafficking. Another provision 
increases penalties for the manufacture and possession of equipment 
used to make controlled substances. These provisions will not only 
impact the manufacture of methamphetamine, but other drugs illegally 
manufactured as well.
  After a great deal of work with the Department of Justice, Senator 
Biden, and the DEA, I have also included a provision that will allow 
the Attorney General to commence a civil action for appropriate relief 
to shut down the production and sale of listed chemicals by individuals 
or companies that knowingly sell precursor agents for the purpose of 
the illegal manufacture of a controlled substance.
  I believe that these provisions are important, as they give law 
enforcement additional authority to stop the flow of these precursor 
substances that are diverted for the manufacture of illegal controlled 
substances and to shut down clandestine labs. This bill gives the law 
enforcement community the muscle it needs to fight trafficking in 
methamphetamine and its precursor drugs.
  In addition to the provisions I have already outlined, the third 
title increases penalties for trafficking in methamphetamine and list I 
precursor chemicals, enhances penalties for the dangerous handling of 
controlled substances, allows the Government to seek restitution for 
the clean up of the clandestine laboratory sites from those who created 
the contamination, and allows for the seizure of the modes of 
transportation of illegal methamphetamine and list I chemicals.
  In developing these provisions, we were cognizant of the fact that 
the DEA and the administration have stated that one important way to 
stop meth abuse is to increase the penalties for illegal importation of 
precursor chemicals. This will reduce the number of domestic, 
clandestine methamphetamine labs which, in turn, will decrease the 
availability of this dangerous drug, improve the safety of our 
neighborhoods, and eliminate a source of environmental damage.

  It is an unfortunate consequence of enhanced domestic penalties that 
some of the domestic labs may relocate to Central and South America. It 
is my hope that the provisions in this bill requiring additional 
coordination between the United States and these countries will allow 
for the development of an international strategy that will combat this 
problem too.
  In particular, fighting this problem effectively is going to require 
improved cooperation from Mexico. I believe that Congress stands ready 
to support the administration in international efforts to stem the flow 
of drugs into the United States.
  The fourth title cracks down hard on the ability of rogue companies 
to sell large amounts of precursor chemicals that are diverted to 
clandestine labs. Provisions in this title limit the package size that 
precursor drugs may be sold in at the retail level, and require the 
product to be packaged in blister packs when technically feasible.
  Mr. President, this title contains carefully drafted provisions that 
balance the need to crack down on precursor chemicals against the need 
to maintain the availability of drugs such as pseudoephedrine for 
legitimate purposes. I recognize the need to take measures to decrease 
the availability of the precursor list I chemicals for diversion to 
clandestine methamphetamine laboratories. However, in so doing, we must 
not restrict the ability of law-abiding citizens to use common remedies 
for colds and allergies, or subject sales of such legal products to 
onerous recordkeeping at the retail level.
  It is no secret that I have been critical of the DEA's proposed 
regulations in this area. The provisions included in S. 1965, I 
believe, will achieve our common goal without the negative side effects 
of the proposed regulations.
  In fact, I believe that our provisions with regard to the sale of the 
precursor chemicals pseudoephedrine and phenylpropanolamine go much 
farther in preventing the diversion of these products while maintaining 
their access for legitimate uses. In this bill we lower the single 
transaction threshold for pseudoephedrine--containing products from 
1,000 grams to 24 grams. Our bill also allows the Attorney General to 
lower this single--transaction limit further, as necessary to prevent 
the diversion of products to meth labs. That provision was inserted to 
meet the concerns of Senator Feinstein and others who believe that 
retail sales are a significant source of precursor drugs for 
clandestine labs.
  Some of my colleagues may have seen an article this morning in USA 
Today, which leaves one with the impression that retail cough and cold 
preparations are a significant source of precursor drugs. I have spent 
a great deal of time studying this issue, consulting extensively with 
the DEA and State and local law enforcement officials in Utah. I remain 
unconvinced that legitimate products purchased at the retail level are 
a significant source of precursor drugs for the manufacture of 
methamphetamine. Nevertheless, I

[[Page S8017]]

have included several provisions in this title that will limit the 
potential diversion of legitimate products at the retail level to 
methamphetamine labs.
  When this legislation is enacted, I will continue to monitor this 
situation very closely. If the data show that retail products 
containing pseudoephedrine and phenylpropanolamine are contributing to 
the methamphetamine problems, I pledge to revisit this issue next 
Congress.
  In addition, we have strict reporting and recordkeeping provisions 
for those companies that sell ephedrine, pseudoephedrine and 
phenylpropanolamine by mail. These provisions - which go far beyond 
what DEA has proposed to date--will shut down loopholes in current law 
that allow these products to get to the meth labs.
  This bill gets tough on those who divert legitimate products to 
clandestine methamphetamine labs. I would have it no other way.
  In anticipation of questions regarding this provision, I want to 
underscore that the bill does not apply to dietary supplement products 
in any way.
  Finally, an important title of our legislation improves and expands 
existing education and research activities related to methamphetamine 
and other drug abuse. This approach, I feel, is key to the success of a 
comprehensive drug control policy. Increased emphasis on research, 
prevention, and treatment go hand in hand with efforts to reduce 
supply.
  Consequently, our bill creates a methamphetamine interagency working 
group to design, implement, and evaluate a comprehensive 
methamphetamine education and prevention program. It requires public 
health monitoring programs to monitor methamphetamine abuse in the 
United States.
  In addition, the legislation calls for a methamphetamine national 
advisory panel to develop a program to educate distributors of 
precursor chemicals and supplies to decrease the likelihood of 
diversion of these products to clandestine laboratories, and creates a 
suspicious orders task force to improve the reporting of suspicious 
orders and sales of list I chemicals.
  In closing, Mr. President, I want to make clear that the legislation 
we introduce today represents a consensus position based on literally 
hundreds of hours of consultations with representatives of Federal, 
State, and local law enforcement, as well as substance abuse prevention 
and treatment experts and representatives of manufacturers of 
legitimate products containing the precursor chemicals.
  In particular, I want to recognize the input from the Drug 
Enforcement Agency and Department of Justice, who have been 
instrumental in the development of a bill that we all can support.
  I want to thank Senator Biden for his leadership role in developing 
this bill and for his willingness to move forward in a bipartisan way 
so that we can take steps toward addressing this important public 
health problem this session.
  In addition, I want to recognize the significant contributions of 
Senator Wyden, who early on indicated his interest in working with me 
to develop a bipartisan bill, and Senators Specter, DeWine, Ashcroft, 
and Harkin.
  Finally, I must also recognize the efforts of Senators Feinstein, 
Grassley, and Kyl. They have contributed significant time and energy to 
bringing this issue before Congress and are strong advocates for 
legislation to deal with this problem.
  The bill that my colleagues and I rise to introduce today represents 
a bipartisan, comprehensive response to control the methamphetamine 
abuse problem in our country. We still have a few issues to work out as 
this bill moves forward, but I am confident that we can quickly address 
any remaining areas of concern, so that we can pass this bill this 
session.
  Methamphetamine abuse is a growing threat to the public health of 
this country. I hope that the Senate can move quickly to pass this bill 
so we can enact a comprehensive program to stop this problem in its 
tracks.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1965

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

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Comprehensive Methamphetamine Control Act of 1996''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.

    TITLE I--IMPORTATION OF METHAMPHETAMINE AND PRECURSOR CHEMICALS

Sec. 101. Support for international efforts to control drugs.
Sec. 102. Penalties for manufacture of listed chemicals outside the 
              United States with intent to import them into the United 
              States.

   TITLE II--PROVISIONS TO CONTROL THE MANUFACTURE OF METHAMPHETAMINE

Sec. 201. Seizure and forfeiture of regulated chemicals.
Sec. 202. Study and report on measures to prevent sales of agents used 
              in methamphetamine production.
Sec. 203. Increased penalties for manufacture and possession of 
              equipment used to make controlled substances.
Sec. 204. Addition of iodine and hydrochloric gas to list II.
Sec. 205. Civil penalties for firms that supply precursor chemicals.
Sec. 206. Injunctive relief.
Sec. 207. Restitution for cleanup of clandestine laboratory sites.
Sec. 208. Record retention.
Sec. 209. Technical amendments.

   TITLE III--INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE OF 
                     METHAMPHETAMINE AND PRECURSORS

Sec. 301. Trafficking in methamphetamine penalty increases.
Sec. 302. Penalty increases for trafficking in listed chemicals.
Sec. 303. Enhanced penalty for dangerous handling of controlled 
              substances: amendment of sentencing guidelines.

   TITLE IV--LEGAL MANUFACTURE, DISTRIBUTION, AND SALE OF PRECURSOR 
                               CHEMICALS

Sec. 401. Diversion of certain precursor chemicals.
Sec. 402. Mail order restrictions.

                    TITLE V--EDUCATION AND RESEARCH

Sec. 501. Interagency methamphetamine task force.
Sec. 502. Public health monitoring.
Sec. 503. Public-private education program.
Sec. 504. Suspicious orders task force.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) Methamphetamine is a very dangerous and harmful drug. 
     It is highly addictive and is associated with permanent brain 
     damage in long-term users.
       (2) The abuse of methamphetamine has increased dramatically 
     since 1990. This increased use has led to devastating effects 
     on individuals and the community, including--
       (A) a dramatic increase in deaths associated with 
     methamphetamine ingestion;
       (B) an increase in the number of violent crimes associated 
     with methamphetamine ingestion; and
       (C) an increase in criminal activity associated with the 
     illegal importation of methamphetamine and precursor 
     compounds to support the growing appetite for this drug in 
     the United States.
       (3) Illegal methamphetamine manufacture and abuse presents 
     an imminent public health threat that warrants aggressive law 
     enforcement action, increased research on methamphetamine and 
     other substance abuse, increased coordinated efforts to 
     prevent methamphetamine abuse, and increased monitoring of 
     the public health threat methamphetamine presents to the 
     communities of the United States.
    TITLE I--IMPORTATION OF METHAMPHETAMINE AND PRECURSOR CHEMICALS

     SEC. 101. SUPPORT FOR INTERNATIONAL EFFORTS TO CONTROL DRUGS.

       The Attorney General, in consultation with the Secretary of 
     State, shall coordinate international drug enforcement 
     efforts to decrease the movement of methamphetamine and 
     methamphetamine precursors into the United States.

     SEC. 102. PENALTIES FOR MANUFACTURE OF LISTED CHEMICALS 
                   OUTSIDE THE UNITED STATES WITH INTENT TO IMPORT 
                   THEM INTO THE UNITED STATES.

       (a) Unlawful Importation.--Section 1009(a) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     959(a)) is amended--
       (1) in the matter before paragraph (1), by inserting ``or 
     listed chemical'' after ``schedule I or II''; and
       (2) in paragraphs (1) and (2), by inserting ``or chemical'' 
     after ``substance''.
       (b) Unlawful Manufacture or Distribution.--Paragraphs (1) 
     and (2) of section 1009(b) of the Controlled Substances 
     Import and Export Act (21 U.S.C. 959(b)) are amended by 
     inserting ``or listed chemical'' after ``controlled 
     substance''.
       (c) Penalties.--Section 1010(d) of the Controlled 
     Substances Import and Export Act (21 U.S.C. 960(d)) is 
     amended--

[[Page S8018]]

       (1) in paragraph (5), by striking ``or'' at the end;
       (2) in paragraph (6), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(7) manufactures, possesses with intent to distribute, or 
     distributes a listed chemical in violation of section 959 of 
     this title.''.
   TITLE II--PROVISIONS TO CONTROL THE MANUFACTURE OF METHAMPHETAMINE

     SEC. 201. SEIZURE AND FORFEITURE OF REGULATED CHEMICALS.

       (a) Penalties for Simple Possession.--Section 404 of the 
     Controlled Substances Act (21 U.S.C. 844) is amended--
       (1) in subsection (a)--
       (A) by adding after the first sentence the following: ``It 
     shall be unlawful for any person knowingly or intentionally 
     to possess any list I chemical obtained pursuant to or under 
     authority of a registration issued to that person under 
     section 303 of this title or section 1008 of title III if 
     that registration has been revoked or suspended, if that 
     registration has expired, or if the registrant has ceased to 
     do business in the manner contemplated by his 
     registration.''; and
       (B) by striking ``drug or narcotic'' and inserting ``drug, 
     narcotic, or chemical'' each place it appears; and
       (2) in subsection (c), by striking ``drug or narcotic'' and 
     inserting ``drug, narcotic, or chemical''.
       (b) Forfeitures.--Section 511(a) of the Controlled 
     Substances Act (21 U.S.C. 881(a)) is amended--
       (1) in paragraphs (2) and (6), by inserting ``or listed 
     chemical'' after ``controlled substance'' each place it 
     appears; and
       (2) in paragraph (9), by--
       (A) inserting ``dispensed, acquired,'' after 
     ``distributed,'' both places it appears; and
       (B) striking ``a felony provision of''.
       (c) Seizure.--Section 607 of the Tariff Act of 1930 (19 
     U.S.C. 1607) is amended--
       (1) in subsection (a)(3), by inserting ``or listed 
     chemical'' after ``controlled substance''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) As used in this section, the terms `controlled 
     substance' and `listed chemical' have the meaning given such 
     terms in section 102 of the Controlled Substances Act (21 
     U.S.C. 802).''.

     SEC. 202. STUDY AND REPORT ON MEASURES TO PREVENT SALES OF 
                   AGENTS USED IN METHAMPHETAMINE PRODUCTION.

       (a) Study.--The Attorney General of the United States shall 
     conduct a study on possible measures to effectively prevent 
     the diversion of red phosphorous, iodine, hydrochloric gas, 
     and other agents for use in the production of 
     methamphetamine. Nothing in this section shall preclude the 
     Attorney General from taking any action the Attorney General 
     already is authorized to take with regard to the regulation 
     of listed chemicals under current law.
       (b) Report.--Not later than January 1, 1998, the Attorney 
     General shall submit a report to the Congress of its findings 
     pursuant to the study conducted under subsection (a) on the 
     need for and advisability of preventive measures.
       (c) Considerations.--In developing recommendations under 
     subsection (b), the Attorney General shall consider--
       (1) the use of red phosphorous, iodine, hydrochloric gas, 
     and other agents in the illegal manufacture of 
     methamphetamine;
       (2) the use of red phosphorous, iodine, hydrochloric gas, 
     and other agents for legitimate, legal purposes, and the 
     impact any regulations may have on these legitimate purposes; 
     and
       (3) comments and recommendations from law enforcement, 
     manufacturers of such chemicals, and the consumers of such 
     chemicals for legitimate, legal purposes.

     SEC. 203. INCREASED PENALTIES FOR MANUFACTURE AND POSSESSION 
                   OF EQUIPMENT USED TO MAKE CONTROLLED 
                   SUBSTANCES.

       (a) In General.--Section 403(d) of the Controlled 
     Substances Act (21 U.S.C. 843(d)) is amended--
       (1) by striking ``(d) Any person'' and inserting ``(d)(1) 
     Except as provided in paragraph (2), any person''; and
       (2) by adding at the end the following:
       ``(2) Any person who, with the intent to manufacture or 
     facilitate to manufacture methamphetamine, violates paragraph 
     (6) or (7) of subsection (a), shall be sentenced to a term of 
     imprisonment of not more than 10 years, a fine of not more 
     than $30,000, or both; except that if any person commits such 
     a violation after one or more prior convictions of that 
     person--
       ``(A) for a violation of paragraph (6) or (7) of subsection 
     (a);
       ``(B) for a felony under any other provision of this 
     subchapter or subchapter II of this chapter; or
       ``(C) under any other law of the United States or any State 
     relating to controlled substances or listed chemicals,

     has become final, such person shall be sentenced to a term of 
     imprisonment of not more than 20 years, a fine of not more 
     than $60,000, or both.''.
       (b) Sentencing Commission.--The United States Sentencing 
     Commission shall amend the sentencing guidelines to ensure 
     that the manufacture of methamphetamine in violation of 
     section 403(d)(2) of the Controlled Substances Act, as added 
     by subsection (a), is treated as a significant violation.

     SEC. 204. ADDITION OF IODINE AND HYDROCHLORIC GAS TO LIST II.

       (a) In General.--Section 102(35) of the Controlled 
     Substances Act (21 U.S.C. 802(35)) is amended by adding the 
     end the following:
       ``(I) Iodine.
       ``(J) Hydrochloric gas.''.
       (b) Importation Requirements.--Iodine shall not be subject 
     to the requirements for listed chemicals provided in section 
     1018 of the Controlled Substances Import and Export Act (21 
     U.S.C. 971).
       (2) Effect of Exception.--The exception made by paragraph 
     (1) shall not limit the authority of the Attorney General to 
     impose the requirements for listed chemicals provided in 
     section 1018 of the Controlled Substances Import and Export 
     Act (21 U.S.C. 971).

     SEC. 205. CIVIL PENALTIES FOR FIRMS THAT SUPPLY PRECURSOR 
                   CHEMICALS.

       (a) Offenses.--Section 402(a) of the Controlled Substances 
     Act (21 U.S.C. 842(a)) is amended--
       (1) in paragraph (9), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (10), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following:
       ``(11) to distribute a laboratory supply to a person who 
     uses, or attempts to use, that laboratory supply to 
     manufacture a controlled substance or a listed chemical, in 
     violation of this title or title III, with reckless disregard 
     for the illegal uses to which such a laboratory supply will 
     be put.

     As used in paragraph (11), the term `laboratory supply' means 
     a listed chemical or any chemical, substance, or item, on a 
     special surveillance list published by the Attorney General, 
     which contains chemicals, products, materials, or equipment 
     used in the manufacture of controlled substances and listed 
     chemicals. For purposes of paragraph (11), there is a 
     rebuttable presumption of reckless disregard at trial if a 
     firm distributes or continues to distribute a laboratory 
     supply to a customer where the Attorney General has 
     previously notified, at least two weeks before the 
     transaction(s), the firm that a laboratory supply sold by the 
     firm, or any other person or firm, has been used by that 
     customer, or distributed further by that customer, for the 
     unlawful production of controlled substances or listed 
     chemicals.''
       (b) Civil Penalty.--Section 402(c)(2) of the Controlled 
     Substances Act (21 U.S.C. 842(c)(2)) is amended by adding at 
     the end the following:
       ``(C) In addition to the penalties set forth elsewhere in 
     this title or title III, any business that violates paragraph 
     (11) of subsection (a) shall, with respect to the first such 
     violation, be subject to a civil penalty of not more than 
     $250,000, but shall not be subject to criminal penalties 
     under this section, and shall, for any succeeding violation, 
     be subject to a civil fine of not more than $250,000 or 
     double the last previously imposed penalty, whichever is 
     greater.''.

     SEC. 206. INJUNCTIVE RELIEF.

       (a) Ten-Year Injunction Major Offenses.--Section 401(f) of 
     the Controlled Substances Act (21 U.S.C. 841(f)) is amended 
     by--
       (1) inserting ``manufacture, exportation,'' after 
     ``distribution,''; and
       (2) striking ``regulated''.
       (b) Ten-Year Injunction Other Offenses.--Section 403 of the 
     Controlled Substances Act (21 U.S.C. 843) is amended--
       (1) in subsection (e), by--
       (A) inserting ``manufacture, exportation,'' after 
     ``distribution,''; and
       (B) striking ``regulated''; and
       (2) by adding at the end the following:
       ``(f) Injunctions.--(1) In addition to any penalty provided 
     in this section, the Attorney General is authorized to 
     commence a civil action for appropriate declaratory or 
     injunctive relief relating to violations of this section or 
     section 402.
       ``(2) Any action under this subsection may be brought in 
     the district court of the United States for the district in 
     which the defendant is located or resides or is doing 
     business.
       ``(3) Any order or judgment issued by the court pursuant to 
     this subsection shall be tailored to restrain violations of 
     this section or section 402.
       ``(4) The court shall proceed as soon as practicable to the 
     hearing and determination of such an action. An action under 
     this subsection is governed by the Federal Rules of Civil 
     Procedure except that, if an indictment has been returned 
     against the respondent, discovery is governed by the Federal 
     Rules of Criminal Procedure.''.

     SEC. 207. RESTITUTION FOR CLEANUP OF CLANDESTINE LABORATORY 
                   SITES.

       Section 413 of the Controlled Substances Act (21 U.S.C. 
     853) is amended by adding at the end the following:
       ``(q) The court, when sentencing a defendant convicted of 
     an offense under this title or title III involving the 
     manufacture of methamphetamine, may--
       ``(1) order restitution as provided in sections 3612 and 
     3664 of title 18, United States Code;
       ``(2) order the defendant to reimburse the United States 
     for the costs incurred by the United States for the cleanup 
     associated with the manufacture of methamphetamine by the 
     defendant; and
       ``(3) order restitution to any person injured as a result 
     of the offense as provided in section 3663 of title 18, 
     United States Code.''.

     SEC. 208. RECORD RETENTION.

       Section 310(a)(1) of the Controlled Substances Act (21 
     U.S.C. 830(a)(1)) is amended

[[Page S8019]]

     by striking the dash after ``transaction'' and subparagraphs 
     (A) and (B) and inserting ``for two years after the date of 
     the transaction.''.

     SEC. 209. TECHNICAL AMENDMENTS.

       Section 102 of the Controlled Substances Act (21 U.S.C. 
     802) is amended--
       (1) in paragraph (34), by amending subparagraphs (P), (S), 
     and (U) to read as follows:
       ``(P) Iso safrole.
       ``(S) N-Methylephedrine.
       ``(U) Hydriodic acid.''; and
       (2) in paragraph (35), by amending subparagraph (G) to read 
     as follows:
       ``(G) 2-Butanone (or Methyl Ethyl Ketone).''.
   TITLE III--INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE OF 
                     METHAMPHETAMINE AND PRECURSORS

     SEC. 301. TRAFFICKING IN METHAMPHETAMINE PENALTY INCREASES.

       (a) Controlled Substances Act.--
       (1) Large amounts.--Section 401(b)(1)(A)(viii) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)(A)(viii)) is 
     amended by--
       (A) striking ``100 grams or more of methamphetamine,'' and 
     inserting ``50 grams or more of methamphetamine,''; and
       (B) striking ``1 kilogram or more of a mixture or substance 
     containing a detectable amount of methamphetamine'' and 
     inserting ``500 grams or more of a mixture or substance 
     containing a detectable amount of methamphetamine''.
       (2) Smaller amounts.--Section 401(b)(1)(B)(viii) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)(B)(viii)) is 
     amended by--
       (A) striking ``10 grams or more of methamphetamine,'' and 
     inserting ``5 grams or more of methamphetamine,''; and
       (B) striking ``100 grams or more of a mixture or substance 
     containing a detectable amount of methamphetamine'' and 
     inserting ``50 grams or more of a mixture or substance 
     containing a detectable amount of methamphetamine''.
       (b) Import and Export Act.--
       (1) Large amounts.--Section 1010(b)(1)(H) of the Controlled 
     Substances Import and Export Act (21 U.S.C. 960(b)(1)(H)) is 
     amended by--
       (A) striking ``100 grams or more of methamphetamine,'' and 
     inserting ``50 grams or more of methamphetamine,''; and
       (B) striking ``1 kilogram or more of a mixture or substance 
     containing a detectable amount of methamphetamine'' and 
     inserting ``500 grams or more of a mixture or substance 
     containing a detectable amount of methamphetamine''.
       (2) Smaller amounts.--Section 1010(b)(2)(H) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)(2)(H)) is amended by--
       (A) striking ``10 grams or more of methamphetamine,'' and 
     inserting ``5 grams or more of methamphetamine,''; and
       (B) striking ``100 grams or more of a mixture or substance 
     containing a detectable amount of methamphetamine'' and 
     inserting ``50 grams or more of a mixture or substance 
     containing a detectable amount of methamphetamine''.

     SEC. 302. PENALTY INCREASES FOR TRAFFICKING IN LISTED 
                   CHEMICALS.

       (a) Controlled Substances Act.--Section 401(d) of the 
     Controlled Substances Act (21 U.S.C. 841(d)) is amended by 
     striking the period and inserting the following: ``or, with 
     respect to a violation of paragraph (1) or (2) of this 
     subsection involving a list I chemical, if the government 
     proves the quantity of controlled substance that could 
     reasonably have been manufactured in a clandestine setting 
     using the quantity of list I chemicals possessed or 
     distributed, the penalty corresponding to the quantity of 
     controlled substance that could have been produced under 
     subsection (b).''.
       (b) Controlled Substance Import and Export Act.--Section 
     1010(d) of the Controlled Substance Import and Export Act (21 
     U.S.C. 960(d)) is amended by striking the period and 
     inserting the following: ``, or, with respect to an 
     importation violation of paragraph (1) or (3) of this 
     subsection involving a list I chemical, if the government 
     proves the quantity of controlled substance that could 
     reasonably have been manufactured in a clandestine setting 
     using the quantity of list I chemicals imported, the penalty 
     corresponding to the quantity of controlled substance that 
     could have been produced under title II.''.
       (c) Determination of Quantity.--
       (1) In general.--For the purposes of this section and the 
     amendments made by this section, the quantity of controlled 
     substance that could reasonably have been provided shall be 
     determined by using a table of manufacturing conversion 
     ratios for list I chemicals.
       (2) Table.--The table shall be--
       (1) established by the United States Sentencing Commission 
     based on scientific, law enforcement, and other data the 
     Sentencing Commission deems appropriate; and
       (2) dispositive of this issue.

     SEC. 303. ENHANCED PENALTY FOR DANGEROUS HANDLING OF 
                   CONTROLLED SUBSTANCES: AMENDMENT OF SENTENCING 
                   GUIDELINES.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall determine whether the Sentencing 
     Guidelines adequately punish the offenses described in 
     subsection (b) and, if not, promulgate guidelines or amend 
     existing guidelines to provide an appropriate enhancement of 
     the punishment for a defendant convicted of such an offense.
       (b) Offense.--The offense referred to in subsection (a) is 
     a violation of section 401(d), 401(g)(1), 403(a)(6), or 
     403(a)(7) of The Controlled Substances Act (21 U.S.C. 841(d), 
     841(g)(1), 843(a)(6), and 843(a)(7)), in cases in which in 
     the commission of the offense the defendant violated--
       (1) subsection (d) or (e) of section 3008 of the Solid 
     Waste Disposal Act (relating to handling hazardous waste in a 
     manner inconsistent with Federal or applicable State law);
       (2) section 103(b) of the Comprehensive Environmental 
     Response, Compensation and Liability Act (relating to failure 
     to notify as to the release of a reportable quantity of a 
     hazardous substance into the environment);
       (3) section 301(a), 307(d), 309(c)(2), 309(c)(3), 
     311(b)(3), or 311(b)(5) of the Federal Water Pollution 
     Control Act (relating to the unlawful discharge of pollutants 
     or hazardous substances, the operation of a source in 
     violation of a pretreatment standard, and the failure to 
     notify as to the release of a reportable quantity of a 
     hazardous substance into the water); or
       (4) section 5124 of title 49, United States Code (relating 
     to violations of laws and regulations enforced by the 
     Department of Transportation with respect to the 
     transportation of hazardous material).
   TITLE IV--LEGAL MANUFACTURE, DISTRIBUTION, AND SALE OF PRECURSOR 
                               CHEMICALS

     SEC. 401. DIVERSION OF CERTAIN PRECURSOR CHEMICALS.

       (a) In General.--Section 102(39) of the Controlled 
     Substances Act (21 U.S.C. 802(39)) is amended--
       (1) in subparagraph (A)(iv)(I)(aa), by striking ``as'' 
     through the semicolon and inserting ``, pseudoephedrine or 
     its salts, optical isomers, or salts of optical isomers, or 
     phenylpropanolamine or its salts, optical isomers, or salts 
     of optical isomers unless otherwise provided by regulation of 
     the Attorney General issued pursuant to section 204(e) of 
     this title;''; and
       (2) in subparagraph (A)(iv)(II), by inserting ``, 
     pseudoephedrine, phenylpropanolamine,'' after ``ephedrine''.
       (b) Legitimate Retailers.--Section 102 of the Controlled 
     Substances Act (21 U.S.C. 802) is amended--
       (1) in paragraph (39)(A)(iv)(I)(aa), by adding before the 
     semicolon the following: ``, except that any sale of ordinary 
     over-the-counter pseudoephedrine or phenylpropanolamine 
     products by retail distributors shall not be a regulated 
     transaction (except as provided in section 401(d) of the 
     Comprehensive Methamphetamine Control Act of 1996)'';
       (2) in paragraph (39)(A)(iv)(II), by adding before the 
     semicolon the following: ``, except that any sale of products 
     containing pseudoephedrine or phenylpropanolamine, other than 
     ordinary over-the-counter pseudoephedrine or 
     phenylpropanolamine products, by retail distributors shall 
     not be a regulated transaction if the distributor's sales are 
     limited to less than the threshold quantity of 24 grams of 
     pseudoephedrine or 24 grams of phenylpropanolamine in each 
     single transaction'';
       (3) by redesignating paragraph (43) relating to felony drug 
     abuse as paragraph (44); and
       (4) by adding at the end the following:
       ``(45) The term `ordinary over-the-counter pseudoephedrine 
     or phenylpropanolamine product' means any product containing 
     pseudoephedrine or phenylpropanolamine that is--
       ``(A) regulated pursuant to this title; and
       ``(B)(i) except for liquids, sold in package sizes of not 
     more than 3.0 grams of pseudoephedrine base or 3.0 grams of 
     phenylpropanolamine base, and that is packaged in blister 
     packs, each blister containing not more than two dosage 
     units, or where the use of blister packs is technically 
     infeasible, that is packaged in unit dose packets or pouches; 
     and
       ``(ii) for liquids, sold in package sizes of not more than 
     3.0 grams of pseudoephedrine base or 3.0 grams of 
     phenylpropanolamine base.
       ``(46)(A) The term `retail distributor' means--
       ``(i) with respect to an entity that is a grocery store, 
     general merchandise store, or drug store, a distributor whose 
     activities relating to pseudoephedrine or phenylpropanolamine 
     products are limited almost exclusively to sales, both in 
     number of sales and volume of sales, directly to walk-in 
     customers; and
       ``(ii) with respect to any other entity, a distributor 
     whose activities relating to ordinary over-the-counter 
     pseudoephedrine or phenylpropanolamine products are limited 
     primarily to sales directly to walk-in customers for personal 
     use.
       ``(B) For purposes of this paragraph, sale for personal use 
     means the sale of below-threshold quantities in a single 
     transaction to an individual for legitimate medical use.
       ``(C) For purposes of this paragraph, entities are defined 
     by reference to the Standard Industrial Classification (SIC) 
     code, as follows:
       ``(i) A grocery store is an entity within SIC code 5411.
       ``(ii) A general merchandise store is an entity within SIC 
     codes 5300 through 5399 and 5499.
       ``(iii) A drug store is an entity within SIC code 5912.''.

[[Page S8020]]

       (c) Reinstatement of Legal Drug Exemption.--Section 204 of 
     the Controlled Substances Act (21 U.S.C. 814) is amended by 
     adding at the end the following new subsection:
       ``(e) Reinstatement of Exemption With Respect to Ephedrine, 
     Pseudoephedrine, and Phenylpropanolamine Drug Products.--The 
     Attorney General shall by regulation reinstate the exemption 
     with respect to a particular ephedrine, pseudoephedrine, or 
     phenylpropanolamine drug product if the Attorney General 
     determines that the drug product is manufactured and 
     distributed in a manner that prevents diversion. In making 
     this determination the Attorney General shall consider the 
     factors listed in subsection (d)(2). Any regulation issued 
     pursuant to this subsection may be amended or revoked based 
     on the factors listed in subsection (d)(4).''.
       (d) Regulation of Retail Sales.--
       (1) Pseudoephedrine.--
       (A) Limit.--
       (i) In general.--Not sooner than the effective date of this 
     section and subject to the requirements of clause (ii), the 
     Attorney General may establish by regulation a single-
     transaction limit of 24 grams of pseudoephedrine base for 
     retail distributors. Notwithstanding any other provision of 
     law, the single-transaction threshold quantity for 
     pseudoephedrine-containing compounds may not be lowered 
     beyond that established in this paragraph.
       (ii) Conditions.--In order to establish a single-
     transaction limit of 24 grams of pseudoephedrine base, the 
     Attorney General shall establish, following notice, comment, 
     and an informal hearing that since the effective date of this 
     section there are a significant number of instances where 
     ordinary over-the-counter pseudoephedrine products as 
     established in paragraph (45) of section 102 of the 
     Controlled Substances Act (21 U.S.C. 802 (45)), as added by 
     this Act, sold by retail distributors as established in 
     paragraph (46) in section 102 of the Controlled Substances 
     Act (21 U.S.C. 802(46)), are being used as a significant 
     source of precursor chemicals for illegal manufacture of a 
     controlled substance in bulk.
       (B) Violation.--Any individual or business that violates 
     the thresholds established in this paragraph shall, with 
     respect to the first such violation, receive a warning letter 
     from the Attorney General and, if a business, the business 
     shall be required to conduct mandatory education of the sales 
     employees of the firm with regard to the legal sales of 
     pseudoephedrine. For a second violation occurring within 2 
     years of the first violation, the business or individual 
     shall be subject to a civil penalty of not more than $5,000. 
     For any subsequent violation occurring within 2 years of the 
     previous violation, the business or individual shall be 
     subject to a civil penalty not to exceed the amount of the 
     previous civil penalty plus $5,000.
       (2) Phenylpropanolamine.--
       (A) Limit.--
       (i) In general.--Not sooner than the effective date of this 
     section and subject to the requirements of clause (ii), the 
     Attorney General may establish by regulation a single-
     transaction limit of 24 grams of phenylpropanolamine base for 
     retail distributors. Notwithstanding any other provision of 
     law, the single-transaction threshold quantity for 
     phenylpropanolamine-containing compounds may not be lowered 
     beyond that established in this paragraph.
       (ii) Conditions.--In order to establish a single-
     transaction limit of 24 grams of phenylpropanolamine base, 
     the Attorney General shall establish, following notice, 
     comment, and an informal hearing, that since the effective 
     date of this section there are a significant number of 
     instances where ordinary over-the-counter phenylpropanolamine 
     products as established in paragraph (45) of section 102 of 
     the Controlled Substances Act (21 U.S.C. 802(45)), as added 
     by this Act, sold by retail distributors as established in 
     paragraph (46) in section 102 of the Controlled Substances 
     Act (21 U.S.C. 802(46)), are being used as a significant 
     source of precursor chemicals for illegal manufacture of a 
     controlled substance in bulk.
       (B) Violation.--Any individual or business that violates 
     the thresholds established in this paragraph shall, with 
     respect to the first such violation, receive a warning letter 
     from the Attorney General and, if a business, the business 
     shall be required to conduct mandatory education of the sales 
     employees of the firm with regard to the legal sales of 
     pseudoephedrine. For a second violation occurring within 2 
     years of the first violation, the business or individual 
     shall be subject to a civil penalty of not more than $5,000. 
     For any subsequent violation occurring within 2 years of the 
     previous violation, the business or individual shall be 
     subject to a civil penalty not to exceed the amount of the 
     previous civil penalty plus $5,000.
       (3) Definition of business.--For purposes of this 
     subsection, the term ``business'' means the entity that makes 
     the direct sale and does not include the parent company of a 
     business not involved in a direct sale regulated by this 
     subsection.
       (4) Judicial review.--Any regulation promulgated by the 
     Attorney General under this section shall be subject to 
     judicial review pursuant to section 507 of the Controlled 
     Substances Act (21 U.S.C. 877).
       (e) Effect on Thresholds.--Nothing in the amendments made 
     by subsection (b) or the provisions of subsection (d) shall 
     affect the authority of the Attorney General to modify 
     thresholds (including cumulative thresholds) for retail 
     distributors for products other than ordinary over-the-
     counter pseudoephedrine or phenylpropanolamine products (as 
     defined in section 102(45) of the Controlled Substances Act, 
     as added by this section) or for non-retail distributors, 
     importers, or exporters.
       (f) Effective Date of This Section.--Notwithstanding any 
     other provision of this Act, this section shall not apply to 
     the sale of any over-the-counter pseudoephedrine or 
     phenylpropanolamine product initially introduced into 
     interstate commerce prior to 9 months after the date of 
     enactment of this Act.

     SEC. 402. MAIL ORDER RESTRICTIONS.

       Section 310(b) of the Controlled Substances Act (21 U.S.C. 
     830(b)) is amended by adding at the end the following:
       ``(3) Mail order reporting.--(A) Each regulated person who 
     engages in a transaction with a nonregulated person which--
       ``(i) involves ephedrine, pseudoephedrine, or 
     phenylpropanolamine (including drug products containing these 
     chemicals); and
       ``(ii) uses or attempts to use the Postal Service or any 
     private or commercial carrier;

     shall, on a monthly basis, submit a report of each such 
     transaction conducted during the previous month to the 
     Attorney General in such form, containing such data, and at 
     such times as the Attorney General shall establish by 
     regulation.
       ``(B) The data required for such reports shall include--
       ``(i) the name of the purchaser;
       ``(ii) the quantity and form of the ephedrine, 
     pseudoephedrine, or phenylpropanolamine purchased; and
       ``(iii) the address to which such ephedrine, 
     pseudoephedrine, or phenylpropanolamine was sent.''.
                    TITLE V--EDUCATION AND RESEARCH

     SEC. 501. INTERAGENCY METHAMPHETAMINE TASK FORCE.

       (a) Establishment.--There is established a 
     ``Methamphetamine Interagency Task Force'' (referred to as 
     the ``interagency task force'') which shall consist of the 
     following members:
       (1) The Attorney General, or a designee, who shall serve as 
     chair.
       (2) 2 representatives selected by the Attorney General.
       (3) The Secretary of Education or a designee.
       (4) The Secretary of Health and Human Services or a 
     designee.
       (5) 2 representatives of State and local law enforcement 
     and regulatory agencies, to be selected by the Attorney 
     General.
       (6) 2 representatives selected by the Secretary of Health 
     and Human Services.
       (7) 5 nongovernmental experts in drug abuse prevention and 
     treatment to be selected by the Attorney General.
       (b) Responsibilities.--The interagency task force shall be 
     responsible for designing, implementing, and evaluating the 
     education and prevention and treatment practices and 
     strategies of the Federal Government with respect to 
     methamphetamine and other synthetic stimulants.
       (c) Meetings.--The interagency task force shall meet at 
     least once every 6 months.
       (d) Funding.--The administrative expenses of the 
     interagency task force shall be paid out of existing 
     Department of Justice appropriations.
       (e) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App. 2) shall apply to the interagency task force.
       (f) Termination.--The interagency task force shall 
     terminate 4 years after the date of enactment of this Act.

     SEC. 502. PUBLIC HEALTH MONITORING.

       The Secretary of Health and Human Services shall develop a 
     public health monitoring program to monitor methamphetamine 
     abuse in the United States. The program shall include the 
     collection and dissemination of data related to 
     methamphetamine abuse which can be used by public health 
     officials in policy development.

     SEC. 503. PUBLIC-PRIVATE EDUCATION PROGRAM.

       (a) Advisory Panel.--The Attorney General shall establish 
     an advisory panel consisting of an appropriate number of 
     representatives from Federal, State, and local law 
     enforcement and regulatory agencies with experience in 
     investigating and prosecuting illegal transactions of 
     precursor chemicals. The Attorney General shall convene the 
     panel as often as necessary to develop and coordinate 
     educational programs for wholesale and retail distributors of 
     precursor chemicals and supplies.
       (b) Continuation of Current Efforts.--The Attorney General 
     shall continue to--
       (1) maintain an active program of seminars and training to 
     educate wholesale and retail distributors of precursor 
     chemicals and supplies regarding the identification of 
     suspicious transactions and their responsibility to report 
     such transactions; and
       (2) provide assistance to State and local law enforcement 
     and regulatory agencies to facilitate the establishment and 
     maintenance of educational programs for distributors of 
     precursor chemicals and supplies.

     SEC. 504. SUSPICIOUS ORDERS TASK FORCE.

       (a) In General.--The Attorney General shall establish a 
     ``Suspicious Orders Task Force'' (the ``Task Force'') which 
     shall consist of--
       (1) appropriate personnel from the Drug Enforcement 
     Administration (the ``DEA'') and other Federal, State, and 
     local law enforcement and regulatory agencies with the

[[Page S8021]]

     experience in investigating and prosecuting illegal 
     transactions of listed chemicals and supplies; and
       (2) representatives from the chemical and pharmaceutical 
     industry.
       (b) Responsibilities.--The Task Force shall be responsible 
     for developing proposals to define suspicious orders of 
     listed chemicals, and particularly to develop quantifiable 
     parameters which can be used by registrants in determining if 
     an order is a suspicious order which must be reported to DEA. 
     The quantifiable parameters to be addressed will include 
     frequency of orders, deviations from prior orders, and size 
     of orders. The Task Force shall also recommend provisions as 
     to what types of payment practices or unusual business 
     practices shall constitute prima facie suspicious orders. In 
     evaluating the proposals, the Task Force shall consider 
     effectiveness, cost and feasibility for industry and 
     government, an other relevant factors.
       (c) Meetings.--The Task Force shall meet at least two times 
     per year and at such other times as may be determined 
     necessary by the Task Force.
       (d) Report.--The Task Force shall present a report to the 
     Attorney General on its proposals with regard to suspicious 
     orders and the electronic reporting of suspicious orders 
     within one year of the date of enactment of this Act. Copies 
     of the report shall be forwarded to the Committees of the 
     Senate and House of Representatives having jurisdiction over 
     the regulation of listed chemical and controlled substances.
       (e) Funding.--The administrative expenses of the Task Force 
     shall be paid out of existing Department of Justice funds.
       (f) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App. 2) shall apply to the Task Force.
       (g) Termination.--The Task Force shall terminate upon 
     presentation of its report to the Attorney General, or two 
     years after the date of enactment of this Act, whichever is 
     sooner.

  Mr. BIDEN. Mr. President, the story of our failure to foresee--and 
prevent--the crack cocaine epidemic is one of the most significant 
public policy mistakes in modern history. Although warning signs of an 
outbreak flared over several years, few took action until it was too 
late.
  We now face similar warning signs with another drug--methamphetamine. 
Without swift action now, history may repeat itself.
  So today, Senator Hatch and I, along with Senators Feinstein, 
Specter, Harkin, Wyden, D'Amato, and DeWine are introducing legislation 
to address this new emerging drug epidemic before it is too late.
  Within the past few years the production and use of methamphetamine 
have risen dramatically. Newspaper and media reports over the past few 
months have highlighted these increases. I have been tracking this 
development and pushing legislation to increase Federal penalties and 
strengthen Federal laws against methamphetamine production, 
trafficking, and use since 1990.
  And what I and others have found is alarming: From 1991 to 1994 
methamphetamine-related emergency room episodes increased 256 percent--
the increase from 1993 to 1994 alone was 75 percent--with more than 
17,000 people overdosing and being brought to the emergency room 
because of methamphetamine. A survey of high school seniors, which only 
measures the use of ``ice''--a fraction of the methamphetamine market--
found that in 1995 86,000 12th graders had used ``ice'' in the past 
year, 39,000 had used it in the past month, and 3,600 reported using 
``ice'' daily. This same survey found that only 54 percent of high 
school seniors perceived great risk in trying ``ice''--down from 62 
percent in 1990. And 27 percent of these children said it would be easy 
for them to get ``ice'' if they wanted it.
  The cause for concern over a methamphetamine epidemic is further 
fueled by drug-related violence--again something we saw during the 
crack era--that we can expect to flourish with methamphetamine as well. 
Putting the problem in perspective, drug experts claim that ``ice 
surpasses PCP in inducing violent behavior.''
  In addition to the violence--both random and irrational--associated 
with methamphetamine users, there is also the enormous problem of 
violence among methamphetamine traffickers and the environmental and 
life-threatening conditions endemic in the clandestine labs where 
methamphetamine is produced.
  The bill we are now introducing addresses all of the dangers of 
methamphetamine and takes bold actions to stop this potential epidemic 
in its tracks. The Hatch-Biden methamphetamine enforcement bill will 
take six major steps toward cracking down on methamphetamine 
production, trafficking, and use, particularly use by the most 
vulnerable population threatened by this drug--our young people.
  First and foremost, we increase penalties for possessing and 
trafficking in methamphetamine.
  Second, we crack down on methamphetamine producers and traffickers by 
increasing the penalties for the illicit possession and trafficking of 
the precursor chemicals and equipment used to manufacture 
methamphetamine.
  Third, we increase the reporting requirements and restrictions on the 
legitimate sales of products containing these precursor chemicals in 
order to prevent their diversion, and we impose even greater 
requirements on all firms which sell these products by mail. This 
includes the use of civil penalties and injunctions to stop legitimate 
firms from recklessly providing precursor chemicals to methamphetamine 
manufacturers.
  Fourth, we address the international nature of methamphetamine 
manufacture and trafficking by coordinating international enforcement 
efforts and strengthening provisions against the illegal importation of 
methamphetamine and precursor chemicals.
  Fifth, we ensure that methamphetamine manufacturers who endanger the 
life on any individual or endanger the environment while making 
methamphetamine will receive enhanced prison sentences.
  Finally, we require Federal, State and local law enforcement and 
public health officials to stay ahead of any potential growth in the 
methamphetamine epidemic by creating national working groups on the 
protecting the public from the dangers of methamphetamine production, 
trafficking, and abuse.
  The Hatch-Biden bill addresses all of the needs with a fair balance 
between the needs of manufacturers and consumers of legitimate products 
which contain methamphetamine precursor chemicals and the need to 
protect the public by instituting harsh penalties for any and all 
methamphetamine-related activities.
  This legislation is the crucial, comprehensive tool we need to stay 
ahead of the methamphetamine epidemic and to avoid the mistakes made 
during the early stages of the crack-cocaine explosion.
  I want to thank Senator Hatch and my other colleagues who share my 
desire to move now on the problem of methamphetamine. I also want to 
thank the Clinton administration, which also was determined to act now 
on this issue and worked with us in developing several of the 
provisions in this bill.
  I urge all my colleagues to join us in protecting our children and 
our society from the devastations of methamphetamine by supporting this 
vital legislation.
  Mr. WYDEN. Mr. President, I rise today to join my colleagues, Senator 
Hatch, Senator Biden, and others to introduce the Comprehensive 
Methamphetamine Control Act of 1996.
  Methamphetamine is one of the most insidious drugs to hit the streets 
in decades. In a few short years in Oregon, methamphetamine has become 
the second most frequently detected drug in workplace drug testing and 
in motor vehicle driver drug checks. This drug has become not only a 
scourge on Oregon's streets, increasing crime and creating toxic 
environmental hazards in the labs where it is produced, but has 
repercussions throughout the social services system as well. Foster 
care caseloads have increased because of the meth epidemic, and drug 
treatment centers are struggling with rising numbers of people needing 
help to escape the effects of this highly addictive and damaging drug.
  According to Sheriff Robert Kennedy, who serves the State in Jackson 
County in southwestern Oregon, methamphetamine arrests in his county 
have increased 1,100 percent in the past 5 years. This drug has become 
an urban and rural problem, and is being abused across the economic and 
social spectrum. Statewide, the Oregon Narcotics Enforcement 
Association and others have joined together to fight the public safety 
and health problems associated with methamphetamine.
  From the problems associated with cleaning up labs, to stopping the 
influx

[[Page S8022]]

of Mexican-manufactured methamphetamine from coming into Oregon, law 
enforcement officials across the State have told me that meth is 
quickly becoming a major problem demanding high priority.
  That is why I am pleased today to join in the effort to help the 
country's law enforcement officers fight the methamphetamine epidemic. 
The Comprehensive Methamphetamine Control Act takes on the battle 
against the drug on a number of fronts.
  To combat the precursor drugs manufactured across the border in 
Mexico, this legislation includes a long-arm provision that allows the 
United States to prosecute people who manufacture methamphetamine 
precursor chemicals, with an intent to import them into our country.
  Here at home, the bill significantly increases penalties for illegal 
trafficking in methamphetamine. Penalties for methamphetamine 
trafficking have been too low for too long. This bill will make drug 
dealers think twice by making penalties for dealing methamphetamine 
comparable to those for crack cocaine.
  The legislation also cracks down on trafficking in the precursor 
chemicals used to produce methamphetamine, increasing penalties and 
allowing law enforcement increased flexibility to obtain injunctions to 
stop the production and sale of precursor chemicals when an individual 
or company knowingly sells these chemicals to methamphetamine dealers.
  Finally, the act addresses the problem that many methamphetamine 
producers use legal, over-the-counter drugs, containing precursor 
chemicals, to manufacture methamphetamine. The bill will confront this 
in a direct way by limiting bulk quantities of these drugs that can be 
sold over the counter and, at the same time, creating a safe harbor for 
retailers so smaller quantities of the drugs can be sold to consumers 
who need unimpeded access to these helpful and commonly used products.
  According to the Drug Enforcement Agency, every 4 hours, an illicit 
lab can produce a quarter pound of methamphetamine that sells for 
$2,000. These labs can be set up anywhere--in cars, hotel rooms, and 
abandoned buildings. Their byproducts pollute the area of the lab with 
carcinogenic toxins and, often times, these dangerous chemicals are 
dumped by the side of the road, in waterways or in other public areas.
  It is time for Congress to join in the fight against this drug that 
pollutes our communities, drives crime and violence, and floods our 
social services systems. I am pleased to join in this effort, and I 
commend my colleagues for their bipartisan efforts and hard work in 
crafting this important piece of legislation.
  Mr. HARKIN. Mr. President, in February, Iowa was featured on the 
front page of the New York Times--but it wasn't the kind of publicity I 
want to see our State receive. The article highlighted a problem that 
is exploding around Iowa--the growing use of the drug methamphetamine, 
commonly known as meth or crank.
  There's no doubt that meth has invaded our State with a fury. The 
statistics tell the tragic story. More than 35 percent of new 
incarcerations in Iowa involve meth. Federal methamphetamine 
investigations have doubled and meth arrests have more than tripled 
over the past 2 years. The Division of Iowa Narcotics Enforcement has 
reported a nearly 400-percent increase in meth seizures in a 1-year 
period. And in our largest city of Des Moines, meth seizures increased 
more than 4,000 percent.
  The number of labs producing meth has also increased dramatically. 
And many of the traffickers are illegal aliens from Mexico, presenting 
additional problems and burdens on law enforcement. This is especially 
challenging because Iowa currently has no Immigration and 
Naturalization Service office.
  Meth is now termed Iowa's ``drug of choice.'' And unfortunately, its 
spread has left no part of our State untouched.
  In a word, meth is poison. It destroys lives, families, and 
communities. The experts describe methamphetamine as a synthetic 
central nervous system stimulant--the strongest and most intense of the 
amphetamine group. A leading Iowa doctor referred to meth as the most 
malignant, addictive drug known to mankind.
  Meth is a killer. It causes brain, heart, liver, and kidney damage. 
It breaks down the immune system and often leads to paranoid psychosis, 
violent behavior, and death.
  The narcotic is primarily used by young male adults. But experts have 
found that a growing number of women and teens are now turning to meth.
  A majority of Iowa law enforcement officials responding to a recent 
Governor's Alliance on Substance Abuse Survey ranked meth as the No. 
1 problematic drug in their area.

  The legislation we are introducing today will help States like Iowa 
fight back. The Comprehensive Methamphetamine Enforcement Act of 1996 
cracks down on the use and manufacture of methamphetamine by increasing 
the sentencing scheme to be comparable to crack cocaine. It also goes 
after the precursor chemicals and equipment used to manufacture 
methamphetamine as well as companies who intentionally sell chemicals 
for manufacture of meth. The bill also includes public health 
monitoring and a task force and advisory panel for public education.
  This legislation will complement another initiative I have been 
working on. I have spent a lot of time with local, State, and Federal 
law enforcement officials in Iowa who tell me that they simply don't 
have the resources necessary to adequately tackle this skyrocketing new 
challenge. That's why I am working hard to increase the arsenal in 
Iowa's fight against meth and to help our law enforcement on the 
frontlines.
  Several years ago, Congress created the High Intensity Drug 
Trafficking Area initiative to provide added resources to highly 
affected areas. The program has proven useful, but it has been limited 
to urban areas such as Miami and Philadelphia.
  I believe that it's time to apply this model to help Iowa and 
surrounding Midwestern States to combat the large methamphetamine 
trafficking networks, curtail sale and distribution of the narcotic and 
reduce related violence. This would open the door for the hiring of 
additional field investigators, chemists, prosecutors and other law 
enforcement personnel specifically targeted to the methamphetamine 
problem.
  I recently wrote to National Drug Control Policy Director, Gen. Barry 
McCaffrey, outlining just such a plan. Because of the urgent need I 
proposed a $7 million increase in resources to begin such an 
initiative. I will continue to work with Director McCaffrey and my 
colleagues on the appropriations committee to make this a reality.
  People in Iowa have worked hard to cultivate a good quality of life. 
They have worked hard to make their communities a place to raise a 
family, a safe place, a decent place, but drug dealers are planting the 
seeds of destruction and are wreaking havoc on small towns and rural 
communities all over America.
  We must win back our communities and we must fight back. It's a 
question of priorities and the determination to defend our homes from a 
threat that is right down the street, not halfway around the world.
  Mr. D'AMATO. Mr. President, I rise today to join my colleagues in 
introducing a bill that will combat a plague on our citizens and 
communities: methamphetamine.
  Methamphetamine is an addictive synthetic drug, used by an increasing 
number of students and young professionals. Methamphetamine abuse is 
now the fourth cause of emergency room visits in this country. Clearly, 
an epidemic has arisen in the United States.
  In the early 1990's, emergency room episodes caused by 
methamphetamine use rose 350 percent, while deaths nearly tripled, 
according to the DEA.
  While methamphetamine use has increased dramatically in the Southwest 
and Midwest regions of this country, officials have recognized a trend 
showing that the methamphetamine trade is moving eastward. The whole 
country is at risk.
  The growing methamphetamine trade demands immediate and tough action, 
especially against the traffickers that are selling this poison to our 
children. This bill is a sound response to the emerging epidemic.

[[Page S8023]]

  As methamphetamine abuse has experienced a massive growth, the purity 
of the drug has increased to the highest potency in 12 years. And not 
only has the methamphetamine itself changed in the past few years, but 
so has the traffickers. Mexico-based criminal organizations have mostly 
replaced the outlaw motorcycle gangs who had monopolized the 
methamphetamine production and distribution.
  These Mexican drug traffickers are self-sufficient in all aspects of 
the methamphetamine production and trade. They are able to purchase the 
precursor drugs internationally, produce the drug, and transport the 
methamphetamine across the border into the U.S. It differs from the 
cocaine trade in that the Mexican criminal groups can operate this 
trade without sharing profits with the Colombian cartels.
  According to a Justice report, the seizure of methamphetamine from 
Mexico to the U.S. rose dramatically from 6.5 kilograms in 1992 to 306 
kilograms in 1993 to a whopping 653 kilograms in 1995. That is an 
increase of 1,000 percent in just 3 years.
  In response to the sudden and dramatic increase in the trafficking of 
methamphetamine across the southern border, this bill will impose 
penalties of up to 10 years for the manufacturing of precursor drugs 
with the intent of importing it into this country.
  The salient points of this bill include: One, enhanced penalties for 
the manufacture and possession of the equipment used to make the 
controlled substances; two, seizure and forfeiture of trafficking in 
precursor chemicals; and three, provides the Attorney General with the 
authority to shut down the production and sale of the precursor 
chemicals if the individual or company knowingly sell the precursor in 
order to produce methamphetamine.
  Most importantly, the penalties associated with trafficking 
methamphetamine will be raised to make it comparable with crack 
cocaine. A 5-year mandatory minimum will be imposed for every 5 grams 
trafficked and 10 years to life for a conviction involving the 
trafficking of 50 grams.
  The statistics do not reveal the effects the drug has on the addicts 
who use it. The effects are appalling. The methamphetamine user will 
experience an irritable and paranoid effect and then begin the downward 
spiral of a crippling depression. As with any drug addict, the family 
suffers tremendously through the entire occurrence.
  But it is not only those close to the methamphetamine user who bears 
the burden. An article in the magazine Police Chief last March 
describes the perspective of law enforcement that encounters the 
altered behavior of the addict. ``Simply put, when methamphetamine 
production and abuse become prevalent in any geographic area, the 
ancillary criminal behavior in that area will grow as well.''
  It is clear that this epidemic must be addressed here and now. I urge 
my colleagues to support this bill and urge its immediate passage.
  Mr. KYL. Mr. President, methamphetamine is, if not the most dangerous 
drug in America today, one of the fastest spreading. In Western States, 
meth is already the crack epidemic of the 1990's.
  Meth is cheap, easy to manufacture, and readily available. The drug 
is a synthetic compound that stimulates the central nervous system and 
causes psychosis, paranoid delusions, and acts of violence.
  The drug is most prevalent in four Western cities--Phoenix, Los 
Angeles, San Diego, and San Francisco. The damage the drug has caused 
in Arizona is startling. Phoenix police attribute meth use as a factor 
in the 40 percent jump in homicides in 1994. Meth-related deaths in 
Phoenix have soared from 11 in 1991 to 122 in 1994. According to the 
Arizona Criminal Justice Commission, 1 in 17 Arizona high school 
students reported using meth in the last 30 days. The drug is also 
behind the headlines of several horrific crimes that have occurred in 
the State.
  Arizona has taken action, and a methamphetamine bill offered by State 
Representative Paul Mortenson, passed the legislature in Phoenix and 
was signed into law by Governor Symington this April. The bill 
increases the penalties for those who produce and sell the drug, and 
criminalizes the possession of equipment or chemicals used in the 
manufacture of dangerous drugs.
  Appropriately, the U.S. Senate, in a bipartisan fashion, is 
addressing the methamphetamine explosion. I would particularly like to 
point out the fine work of Senator Feinstein on this issue. Senator 
Feinstein introduced the predecessor to this bill, and last month 
successfully amended a defense bill to stop the Federal Government from 
inadvertently selling to illicit manufacturers the chemicals used to 
make meth.
  The Methamphetamine Control Act accomplishes much. The bill:
  Increases the penalties for the trafficking and manufacture of 
methamphetamine and its precursor chemicals. The new penalties put the 
penalties for meth on the same level with crack;
  Increases the penalties for the illegal manufacture and possession of 
equipment used to manufacture meth;
  Requires those convicted of offenses relating to methamphetamine to 
provide restitution to the United States for the costs incurred by the 
United States for the cleanup associated with the manufacture of 
methamphetamine;
  Regulates the sale of over-the-counter drugs that contain the 
precursor chemicals for methamphetamine if the sale exceeds a 
substantial threshold quantity; and
  Establishes a Methamphetamine Interagency Task Force to develop 
strategies to fight the use of this drug.
  The devastating effects of meth are seen every day in our jails, our 
emergency rooms, and our morgues. We must do everything we can to 
withstand this tide of poison. America can't afford another epidemic 
like crack, which destroyed countless individuals, families, and 
communities.
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