[Congressional Record Volume 142, Number 128 (Tuesday, September 17, 1996)]
[Senate]
[Pages S10717-S10723]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           COMPREHENSIVE METHAMPHETAMINE CONTROL ACT OF 1996

  Mr. McCAIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 566, S. 1965, 
which was introduced earlier by Senator Hatch.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.

       A bill (S. 1965) to prevent the illegal manufacturing and 
     use of methamphetamine.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.
  Mr. HATCH. Mr. President, a number of us have spent countless hours 
trying to devise a plan to turn back the dreadful tide of 
methamphetamine abuse which is now beginning to flow westward across 
the United States, threatening to engulf both cities and rural areas.
  We have now crafted such a plan, a bipartisan plan which meets those 
goals, we have introduced as S. 1965, the Comprehensive Methamphetamine 
Control Act of 1996.
  I rise to ask my colleagues' support for this legislation and for the 
amendments to that bill that have allowed it to win near unanimous 
support.

[[Page S10718]]

  Mr. President, we have all seen the recent alarming reports 
indicating that drug abuse has increased during the tenure of the 
Clinton administration.
  Today, the Congress can take an important step to curb our nation's 
recent backsliding on the drug issue.
  I am proud to point out that this is a bipartisan measure--I think 
this is how drug policy should be made--and I wish to thank all of our 
cosponsors: Senators Biden; Grassley; Feinstein; Wyden; Daschle; 
DeWine; Specter; D'Amato; Harkin; Ashcroft; Reid; Kyl; Feingold; and 
McCain.
  I wish to thank especially the ranking member of the Judiciary 
Committee, Mr. Biden, for his help in developing this legislation.
  I can report to my colleagues in the Senate that the House Judiciary 
Committee is also at hard work on this issue--they have a markup 
scheduled for tomorrow--so I think it is very possible, indeed highly 
probable, that we will send a bill to the President before adjournment. 
That time cannot come soon enough.
  Two weeks ago, I testified before the House Judiciary's Subcommittee 
on Crime, which held a hearing on the meth epidemic. I was encouraged 
at that hearing by the efforts of Chairman McCollum and Representatives 
Heineman, Schumer and Fazio, who are working with us to get a bill we 
can all endorse.
  We developed this bill in close consultation with the Department of 
Justice and the Drug Enforcement Administration. Indeed, General 
McCaffrey, Director of the Office of National Drug Control Policy, has 
testified before the Judiciary Committee that he supports our 
legislation, so I am certain that the President will sign the bill once 
the House completes it work on this measure.

  Frankly, it is time for this administration to show that the war 
against drugs is a top national priority. A responsibility of those in 
leadership positions is to give first attention to the most important 
problems and this is certainly one.
  Mr. President, meth is a killer. We know that meth-related deaths are 
up dramatically from 151 in 1991 to 433 in 1994.
  We know that methamphetamine-related hospital admissions are up about 
300 percent in the last 5 years.
  Seizures or illegal meth labs are up all over the country and even in 
my home State of Utah. Illicit lab seizures in Utah increased from 13 
in 1994 to 56 in 1995. In 1996, there have already have been 40 meth 
lab seizures in my State.
  Given this pernicious trend, the time to act is now. We must act in a 
comprehensive fashion and that is what this bill does.
  S. 1965 increases the penalties for illegal manufacture and 
distribution of methamphetamine and its precursors chemicals. It also 
increases penalties for illegal possession of and trafficking in 
illicit methamphetamine.
  In a careful balance, S. 1965 also reduces single transaction 
reporting requirements for sales of over-the-counter pseudoephedrine 
and phenylpropanolamine products to 24 grams. At the same time, our 
proposal creates a safe harbor for legitimate cough and cold products 
sold in blister packs at the retail level at quantities of up to 3 
grams.
  The Comprehensive Methamphetamine Control Act establishes new 
reporting requirements for firms selling these products through the 
mail, since law enforcement officials have found that mail order sales 
are a significant source of diversion.
  I believe that education and research are key to efforts to stop drug 
abuse, and our bill contains a separate title which makes them a top 
priority.
  The bill creates an interagency task force on the methamphetamine 
epidemic which will coordinate efforts across the Government. It 
requires that the Secretary of Health and Human Services develop a 
public health monitoring program, which will collect and disseminate 
data which can be used in policy development.
  The bill also established a public-private education program, an 
advisory panel of Federal, State and local law enforcement and 
regulatory agencies with experience in investigating and prosecuting 
illegal transactions of precursor chemicals.

  As I have said, Mr. President, this bill is the product of long and 
hard negotiations among many parties.
  None of us are completely comfortable with every provision, but taken 
as a whole we are confident the bill will meet our common goal.
  An important component of the bill we introduced, as well as the 
Clinton administration's proposal, were mandatory minimum sentences for 
meth dealers. The bill we pass today does not contain those ``mandatory 
minimums,'' due to adoption of the Kennedy-Simon amendment.
  From my perspective, the Kennedy-Simon language on sentencing will 
not be as effective as the mandatory minimums that were contained in 
the original version of the bill. My colleagues should note that this 
bill would not have passed without our accepting the Kennedy-Simon 
amendment. The sponsors of this amendment were rather clear in 
expressing their desire to keep this bill from passing by unanimous 
consent without the change embodied in their amendment. In the 105th 
Congress, it is my intention to pursue enactment of these penalties. In 
the interest of passing a bill in an expeditious fashion, I have 
reluctantly agreed to accept the Kennedy-Simon amendment.
  Another troublesome aspect of the compromise is the manner in which 
combination ephedrine products are treated. In the bill we are about to 
adopt, such products are treated differently than pseudoephedrine or 
phenylpropanolamine products. The chief difference is that the 
combination ephedrine products are not permitted to take advantage of 
the 3 gram, blister pack rule that is afforded to pseudoephedrine and 
phenylpropanolamine products.
  I do not know of, and understand that the Drug Enforcement Agency 
does not know of, any public policy justification for this difference 
in treatment of products. One possible--perhaps likely--result will be 
to decrease the public's legitimate access to these products. I think 
this is unfortunate, and I hope this provision can be revisited.
  I would also like to comment on a few of the changes we made in the 
bill after its introduction. These changes are embodied in the Hatch-
Biden-Wyden-Grassley-Feinstein technical correction amendment.
  One such change, which I believe is a significant improvement, is to 
provide guidance of what evidence the Department of Justice may use in 
examining whether the safe harbor provisions that affect certain 
products--those products sold in blister packs in quantities of 3 grams 
or less--are being diverted. We have clarified that isolated or 
infrequent use, or use of small quantities of these products, cannot be 
used to close the 3 gram, blister pack safe harbor for pseudoephedrine 
and phenylpropanolamine products.
  As we crack down on those who make and sell illegal drugs we must 
also balance the interests of the millions of our citizens who benefit 
from legitimate over-the-counter drug products. Only if there is solid 
evidence of systemic abuse of 3 gram, blister pack retail sales should 
any further steps be taken that would impede the ability of ordinary, 
law-abiding Americans to have access to safe and effective cold 
remedies upon which they have come to rely.
  We must give the safe harbor provisions a fair test, and that is why 
the revised bill requires consultation with the Secretary of Health and 
Human Services and departmental reporting to Congress if the Justice 
Department believes the safe harbor should be breached.
  Make no mistake about it, without the 3 gram, blister pack provision, 
many legitimate distributors of over-the-counter products would likely 
choose not to offer pseudoephedrine and phenylpropanolamine products. 
This is so because without this safe harbor language legitimate 
distributors of these over-the-counter products risk triggering the 
reporting and record keeping provisions and criminal sanctions that are 
attendant to regulated sales.
  At the request of the DEA, we included two important provisions. One 
makes the effective date of the so-called ``safe harbor'' provision 
effective for products on the shelf one year after enactment. The 
original bill had an effective date for products initially introduced 
into interstate commerce

[[Page S10719]]

prior to 9 months after the date of enactment.
  The other provision allows the DEA to begin immediately upon 
enactment to collect data used to determine if the safe harbor 
provision should not be retained.
  I would also like to comment on another critical provision of the 
Hatch-Biden-Wyden-Grassley-Feinstein amendment, which is that it takes 
the unusual step of legislatively overriding a regulation. This 
provision was made necessary due to the fact that, on August 7, 1996, 
the DEA promulgated a final rule with respect to certain 
pseudoephedrine products.

  The DEA had been involved, almost daily, in the negotiations over the 
development of the bill prior to promulgation of this final rule. I 
take the unilateral action on the part of the DEA to issue that rule--
without any notice to the relevant committees--to be unfortunate 
bureaucratic judgment or a snafu.
  I have accepted the assurances of DEA Administrator Tom Constantine 
that this was an inadvertent error and that such failure to 
communicate, particularly when it could jeopardize good faith work 
toward a common goal, will not occur in the future.
  As chairman of the Judiciary Committee, I plan to continue to work 
closely with the DEA and Department of Justice as we plan, implement, 
and oversee our Nation's battle against drug abuse. It is important 
that we work together.
  Finally, as a result of testimony at the House hearing, we have added 
two provisions to the bill. One allows the effective date to be 
extended up to 6 months at the sole discretion of the administration. 
The second allows manufacturers to petition for reinstatement from the 
legal drug exemption; the Attorney General may grant such an exemption 
if she finds that the product is manufactured and distributed in a 
manner which prevents diversion.
  On balance, I think that these provisions represent a reasonable 
compromise.
  We have all strived to keep in mind our topmost goal: curbing 
methamphetamine abuse. The bill we are considering today meets that 
goal. It is comprehensive, it is tough, and it is much needed.
  I hope that we will approve the amended version of S. 1965 quickly, 
so that the House may consider the measure, and we can move it swiftly 
downtown to the President for his signature.
  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.
  In July, Senator Hatch and I, along with Senators Feinstein, 
Feingold, Daschle, Grassley, Specter, Harkin, Wyden, D'Amato, Kyl, 
Reid, Ashcroft, McCain, and DeWine introduced 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 through 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 the Senate is considering addresses all of the dangers of 
methamphetamine and takes bold actions to stop this potential epidemic 
in its tracks. Specifically, 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 product 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 
protecting the public from the dangers of methamphetamine production, 
trafficking, and abuse.
  The Hatch-Biden bill addresses all of these 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 as an original cosponsor of the 
Comprehensive Methamphetamine Control Act of 1996, S. 1965, to urge its 
swift enactment.
  Today, the Senate is telling drug dealers that we aren't going to let 
methamphetamine become the crack of the 1990s. By passing the 
Comprehensive Methamphetamine Control Act, the Senate is taking 
decisive action to

[[Page S10720]]

stem the tide of the methamphetamine epidemic that has sunk its claw 
into communities in Oregon and across the Nation.
  I do not believe we are acting a moment too soon. Last year in 
Oregon, 52 deaths were tied to methamphetamine. By comparison, Oregon's 
Office of Alcohol and Drug Abuse Programs reported that there was only 
one meth-related death in 1991. Meth-related arrests are rising across 
my State: Over the last 5 years in Jackson County, meth-related 
violations rose 1,100 percent, while in Malheur County, meth-related 
arrests jumped 110 percent from 1993 to 1994. In Portland, police 
seizures of meth increased 145 percent from 1994 to 1995.
  Since this bill was introduced in June, I have met with Oregonians 
from across the State who have told me about the need for a tough 
Federal response to the meth crisis. In Medford, I attended a 
Methamphetamine Awareness Conference, where law enforcement officials 
joined with public health experts and other social service providers to 
discuss the need for a comprehensive approach to the meth problem. In 
Portland, I convened a round table so law enforcement officials from 
across the State could focus on how Federal, State, and local law 
enforcement can come together to take on the methamphetamine crisis. 
Everywhere I go, the refrain is the same--the problem is growing, as is 
its grip on our communities.
  The Comprehensive Methamphetamine Control Act will aid in turning the 
tide against the methamphetamine menace by giving law enforcement much 
needed new tools to combat this deadly drug.
  The legislation goes after the source of the methamphetamine 
problem--the precursor chemicals, often found in legal, over-the-
counter drug products, which are used to manufacture methamphetamine 
and its ugly cousin, amphetamine. While still allowing consumers access 
to many helpful and commonly used products containing the precursor 
chemicals, the bill will place significant restrictions on the bulk 
sale of the chemicals, both through the mail and over the counter. The 
legislation will also increase the penalties for the illegal possession 
and trafficking of the precursor chemicals and the equipment used to 
manufacture the controlled substances and will allow law enforcement 
increased flexibility to obtain injunctions to stop the illegal 
production and sale of precursor chemicals.
  This legislation addresses the international trafficking in precursor 
chemicals by imposing a maximum 10-year penalty on the manufacture 
outside the United States of precursor chemicals with the intent to 
import the chemical into this country.

  Back at home, the bill will increase penalties for those convicted of 
possessing and trafficking in methamphetamine. Penalties for 
methamphetamine trafficking have been too low for too long, and I hope 
the enhanced penalties will make drug dealers think twice before they 
peddle their poison. The bill will also ensure that methamphetamine 
manufacturers who put the life of any person at risk or endanger the 
environment will receive longer prison sentences.
  Finally, I think that all our efforts at enforcing penalties against 
traffickers and users are going to be for naught unless we work to get 
at the root of the problem, which is the addiction to this deadly 
substance. I am pleased that this legislation will expand education, 
treatment and research activities related to methamphetamine.
  While the Comprehensive Methamphetamine Control Act will make a 
difference in the battle against this deadly drug, there should be no 
doubt that we will all need to remain engaged so we can counter the 
challenges posed by the methamphetamine crisis and by other illegal 
drugs, which are eating away at our Nation's youth.
  I commend the fine bipartisan effort that went into crafting this 
bill. My colleagues, led by Chairman Hatch and Senators Biden and 
Feinstein, deserve praise for their commitment and cooperation on this 
matter. As we all seek to stamp out drug abuse in this country, I hope 
the partisan spirit that permeated this bill can be a harbinger of good 
things to come.
  Mr. DASCHLE. Mr. President, I rise in support of this important and 
much-needed bill. Law enforcement officers in my state of South Dakota 
know firsthand the serious impact the use of methamphetamines or 
``meth'' has had on the State. Easily made from legally available 
chemicals--indeed, instructions for manufacturing the drug can be found 
on the Internet--meth is relatively cheap because local manufacturing 
eliminates the need for illegal smuggling. Highly addictive and capable 
of producing sharp personality alterations, violent episodes, and brain 
damage in users, the drug imposes a tremendous cost on our communities, 
families and law enforcement resources.
  Methamphetamines have been linked with several violent crimes in 
South Dakota. In the last year, a contract-killing and a murder-suicide 
were both attributable to use of this drug. The DEA has registered an 
increase in the percentage of arrests due to meth in South Dakota from 
around 20 percent of the total arrest rate to 70 percent. And users 
often harm themselves as well. From 1991 through 1994, emergency room 
episodes caused by use of this drug increased 256 percent nationwide.
  This bill addresses this emerging drug epidemic by increasing Federal 
penalties and strengthening Federal laws against production, 
trafficking and use of methamphetamines; increasing penalties for 
illicit possession and trafficking of precursor chemicals and equipment 
used to make the drug; increasing reporting requirements and 
restrictions on legitimate sales of products containing these precursor 
chemicals to prevent their diversion to illegal use; and strengthening 
provisions against illegal importation of methamphetamine and precursor 
chemicals.
  I urge my colleagues to provide needed tools to our law enforcement 
officers by joining the fight against this dangerous drug. We should 
and we must pass this bill.
  Mr. FEINGOLD. Mr. President, I rise today in support of S. 1965, the 
Comprehensive Methamphetamine Control Act of 1996. I am pleased to join 
many of my colleagues from the Judiciary Committee, including Chairman 
Hatch and the ranking member, Senator Biden, as a cosponsor of this 
legislation.
  This bill is an important step in attempting to halt the spread of 
methamphetamine across this Nation. Methamphetamine is a dangerous 
synthetic drug which stimulates the central nervous system and can lead 
to such unfortunate consequences, as death, violent and uncontrollable 
behavior and severe depression. Methamphetamine is similar to another 
synthetic drug which appeared in my home State of Wisconsin in the 
recent past, methcathinone or cat as it is commonly known. Thankfully, 
through the hard work of law enforcement, both Federal and local, 
throughout the upper Midwest, it appears that methcathinone remains a 
relatively isolated problem. In contrast, however, the use of 
methamphetamine appears to be spreading.
  While use of methamphetamine creates responses similar to that of 
crack cocaine, reactions to methamphetamine have been far more severe 
and longer in duration than those of crack or cocaine. Furthermore, in 
recent years the purity of this drug has increased, thus enhancing the 
potential for violent reactions among its users. The consequences of 
this are serious, not only for the user, but for society as well. Drug 
abuse can often lead to crime or violent behavior, possibilities which 
may be amplified when methamphetamine is involved. A recent national 
conference of Federal, State and local law enforcement indicated that 
law enforcement must become prepared to deal with more violent 
offenders who have abused methamphetamine.
  The re-emergence of this drug can be traced to the early 1990's when 
Mexican drug traffickers began to increase their production and 
importation of methamphetamine in the United States. Although 
originally produced primarily in Mexico, the clandestine labs which 
generate methamphetamine have begun to appear in this nation. 
Initially, the devastating presence of this drug was largely restricted 
to the Western United States, predominately in California and Arizona. 
For the period of 1991 through 1994, methamphetamine related deaths 
increased by 176

[[Page S10721]]

percent for the cities of Los Angeles, Phoenix, San Diego, and San 
Francisco. In the city of Phoenix the number of methamphetamine related 
emergency room incidents increased by 370 percent for that same 4-year 
period. Nationwide, the number of emergency room incidents increased 
350 percent from 1991 to 1994. While originally restricted to the 
western part of the United States, it appears that the drug has begun 
an eastward migration to parts of the Midwest. Mr. President, there can 
be no doubt that the consequences of using this drug are serious. We 
must take steps to address this growing problem and this legislation 
does just that.
  S. 1965 includes provisions to strengthen and enhance penalties for 
the trafficking of methamphetamine. It increases penalties for the 
illegal possession and trafficking of precursor chemicals, those 
chemicals which are used to produce this deadly drug. The bill 
increases penalties for the illegal manufacture and possession of 
equipment used to construct the clandestine labs which generate 
methamphetamine and other controlled substances. Another troubling 
facet of this drug, which this bill addresses, is that the labs which 
produce this drug often pour volatile and lethal chemicals into the 
environment. This bill increases the penalties for those individuals 
who endanger the lives of innocent people and law enforcement as well 
as threaten the environment by operating these labs.
  Because many of the components of methamphetamine are products which 
are otherwise legally available, the bill tightens restrictions on the 
sale and importation of the precursor chemicals used by methamphetamine 
traffickers. It enhances reporting requirements for pseudoephedrine or 
phenylpropanolamine, both important components in the production of 
methamphetamine. In short, Mr. President, in addition to punishing 
those individuals who market in this deadly drug, the bill addresses 
the important issue of regulating precursor chemicals which are 
essential to drug traffickers. Finally Mr. President, this legislation 
establishes an interagency task force to visit the growing problem of 
methamphetamine abuse and develop and implement a national strategy of 
education, prevention, and treatment. Further, the Secretary of Health 
and Human Services is charged with monitoring the level of 
methamphetamine abuse in the United States in order to assist public 
health officials in developing responses to this problem.
  Clearly, Mr. President, the problems of drug which confront this 
Nation are complex and challenging. It will require a long-term 
commitment by all of us. We must coordinate law enforcement and tough 
sanctions with effective and adequately funded education, prevention 
and treatment initiatives. This legislation is clearly just one portion 
of what must be a larger approach to the issue of drug abuse, but it 
is, in my opinion, an important and necessary step in addressing the 
consequences of methamphetamine. I want to again thank the Senator from 
Delaware, Senator Biden, and Senator Hatch for their leadership on this 
bill. I am proud to join them in this effort and pleased that the 
Senate has chosen to adopt this important legislation.
  Mr. HARKIN. Mr. President, as an original cosponsor of the 
Comprehensive Methamphetamine Control Act, I am pleased that the Senate 
is acting quickly to take this important step in our fight against 
drugs. Meth is destroying lives, families, and communities across Iowa 
and across the country. Just last week Des Moines police reported that 
marijuana use in the city is on the rise and that the increase is being 
driven by the popularity of methamphetamine. For Iowa, and many other 
States, this bill passage of this legislation can't come fast enough.
  As Iowa's new drug of choice, meth has left no part of our State 
untouched. In a word, meth is poison. This dangerous and popular drug 
is cheap and easy to access. In Iowa, the street price for one gram of 
meth is $100, similar to that of cocaine. However, unlike cocaine whose 
effects last about 20 minutes, one quarter of a gram of meth will last 
about 12 to 14 hours. A leading Iowa doctor referred to meth as ``the 
most malignant, addictive drug known to mankind.''
  There is no doubt that the time for this legislation is now. Federal 
methamphetamine investigations have doubled and meth arrests have more 
than tripled over the past 2 years. The Division of Iowa Narcotics 
Enforcement reported a nearly 400 percent increase in meth seizures in 
a one year period. And in our largest city, Des Moines, meth seizures 
increased more than 4,000 percent.
  The legislation we are passing today takes bold actions to help 
States like Iowa fight back. The Comprehensive Methamphetamine 
Enforcement Act stiffens penalties for the possession and trafficking 
of this deadly poison and cracks down on producers and traffickers by 
increasing penalties for the illicit possession of the chemicals and 
equipment used to manufacture methamphetamine. The bill increases 
restrictions and reporting requirements on companies who supply the 
ingredients for its production and creates national working groups 
comprised of public health officials and local law enforcement to 
develop strategies to continue to fight this budding epidemic.
  Iowans 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 meth producers and dealers are peddling 
poison and wreaking havoc on small towns and communities across our 
State.
  I appreciate the efforts of Senators Hatch and Biden, the chair and 
ranking member of the Senate Judiciary Committee and look forward to 
working with them to ensure this legislation gets to the President this 
year.


                 Amendments Nos. 5365 and 5366, En Bloc

  Mr. McCAIN. I understand that there are two amendments at the desk, 
one submitted by Senator Hatch and one submitted by Senator Kennedy.
  I ask for their consideration en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Arizona (Mr. McCain), proposes amendments 
     numbered 5365 and 5366, en bloc.

  The amendments (Nos. 5365 and 5366), en bloc, are as follows:


                           amendment no. 5365

     (Purpose: To make certain technical and conforming amendments)

       On page 9, line 2, strike ``or facilitate to manufacture'' 
     and insert ``or to facilitate the manufacture of''.
       On page 10, line 8, strike ``importation requirements'' and 
     insert ``importation and exportation requirements''.
       On page 11, line 9, strike the comma after ``item''.
       On page 11, line 12, strike beginning with ``For purposes'' 
     through line 21 and insert ``For purposes of paragraph (11), 
     there is a rebuttable presumption of reckless disregard at 
     trial if the Attorney General notifies a firm in writing that 
     a laboratory supply sold by the firm, or any other person or 
     firm, has been used by a customer of the notified firm, or 
     distributed further by that customer, for the unlawful 
     production of controlled substances or listed chemicals a 
     firm distributes and 2 weeks or more after the notification 
     the notified firm distributes a laboratory supply to the 
     customer.'.''.
       On page 14, line 24, strike ``Iso safrole'' and insert 
     ``Isosafrole''.
       On page 15, between lines 5 and 6, add the following:

     SEC. 210. WITHDRAWAL OF REGULATIONS.

       The final rule concerning removal of exemption for certain 
     pseudoephedrine products marketed under the Federal Food, 
     Drug, and Cosmetic Act published in the Federal Register of 
     August 7, 1996 (61 FR 40981-40993) is null and void and of no 
     force or effect.
       On page 21, line 23, strike beginning with ``, except 
     that'' through ``transaction'' on page 22, line 6, and insert 
     ``, except that the threshold for any sale of products 
     containing pseudoephedrine or phenylpropanolamine products by 
     retail distributors or by distributors required to submit 
     reports by section 310(b)(3) of this title shall be 24 grams 
     of pseudoephedrine or 24 grams of phenylpropanolamine in a 
     single transaction''.
       On page 22, line 8, strike ``abuse'' and insert 
     ``offense''.
       On page 23, strike lines 1 through 14 and insert the 
     following:
       ``(46)(A) The term `retail distributor' means a grocery 
     store, general merchandise store, drug store, or other entity 
     or person whose activities as a distributor relating to 
     pseudoephedrine or phenylpropanolamine products are limited 
     almost exclusively to sales for personal use, both in number 
     of sales and volume of sales, either directly to walk-in 
     customers or in face-to-face transactions by direct sales.
       On page 24, line 12, strike ``The'' and insert the 
     following: ``Pursuant to subsection (d)(1), the''.
       On page 25, line 17, strike ``effective date of this 
     section'' and insert ``date of enactment of this Act''.

[[Page S10722]]

       On page 26, line 1, after ``being'' insert ``widely''.
       On page 26, line 4, strike ``in bulk'' and insert ``for 
     distribution or sale''.
       On page 27, line 15, strike ``effective date of this 
     section'' and insert ``date of enactment of this Act''.
       On page 28, between lines 19 and 20, insert the following 
     and redesignate the following paragraphs accordingly:
       (3) Significant number of instances.--
       (A) In general.--For purposes of this subsection, isolated 
     or infrequent use, or use in insubstantial quantities, of 
     ordinary over-the-counter pseudoephedrine or 
     phenylpropanolamine, as defined in section 102(45) of the 
     Controlled Substances Act, as added by section 401(b) of this 
     Act, and sold at the retail level for the illicit manufacture 
     of methamphetamine or amphetamine may not be used by the 
     Attorney General as the basis for establishing the conditions 
     under paragraph (1)(A)(ii) of this subsection, with respect 
     to pseudoephedrine, and paragraph (2)(A)(ii) of this 
     subsection, with respect to phenylpropanolamine.
       (B) Considerations and report.--The Attorney General 
     shall--
       (i) in establishing a finding under paragraph (1)(A)(ii) or 
     (2)(A)(ii) of this subsection, consult with the Secretary of 
     Health and Human Services in order to consider the effects on 
     public health that would occur from the establishment of new 
     single transaction limits as provided in such paragraph; and
       (ii) upon establishing a finding, transmit a report to the 
     Committees on the Judiciary in both, respectively, the House 
     of Representatives and the Senate in which the Attorney 
     General will provide the factual basis for establishing the 
     new single transaction limits.
       On page 29, between lines 14 and 15, insert the following:
       (f) Combination Ephedrine Products.--
       (1) In general.--For the purposes of this section, 
     combination ephedrine products shall be treated the same as 
     pseudoephedrine products, except that--
       (A) a single transaction limit of 24 grams shall be 
     effective as of the date of enactment of this Act and shall 
     apply to sales of all combination ephedrine products, 
     notwithstanding the form in which those products are 
     packaged, made by retail distributors or distributors 
     required to submit a report under section 310(b)(3) of the 
     Controlled Substances Act (as added by section 402 of this 
     Act);
       (B) for regulated transactions for combination ephedrine 
     products other than sales described in subparagraph (A), the 
     transaction limit shall be--
       (i) 1 kilogram of ephedrine base, effective on the date of 
     enactment of this Act; or
       (ii) a threshold other than the threshold described in 
     clause (i), if established by the Attorney General not 
     earlier than 1 year after the date of enactment of this Act; 
     and
       (C) the penalties provided in subsection (d)(1)(B) of this 
     section shall take effect on the date of enactment of this 
     Act for any individual or business that violates the single 
     transaction limit of 24 grams for combination ephedrine 
     products.
       (2) Definition.--For the purposes of this section, the term 
     ``combination ephedrine product'' means a drug product 
     containing ephedrine or its salts, optical isomers, or salts 
     of optical isomers and therapeutically significant quantities 
     of another active medicinal ingredient.
       On page 29, line 15, strike ``(f)'' and insert ``(g)''.
       On page 29, line 17, strike all beginning with ``over-the-
     counter'' through line 20 and insert ``pseudoephedrine or 
     phenylpropanolamine product prior to 12 months after the date 
     of enactment of this Act, except that, on application of a 
     manufacturer of a particular pseudoephedrine or 
     phenylpropanolamine drug product, the Attorney General may, 
     in her sole discretion, extend such effective date up to an 
     additional six months. Notwithstanding any other provision of 
     law, the decision of the Attorney General on such an 
     application shall not be subject to judicial review.''
       On page 35, line 5, after ``funds'' insert ``or 
     appropriations''.
                                                                    ____



                           amendment no. 5366

(Purpose: To provide enhanced penalties for offenses involving certain 
                           listed chemicals)

       Strike sections 301 and 302 and insert the following:

     SEC. 301. PENALTY INCREASES FOR TRAFFICKING IN 
                   METHAMPHETAMINE.

       (a) Directive to the United States Sentencing Commission.--
     Pursuant to its authority under section 994 of title 28, 
     United States Code, the United States Sentencing Commission 
     shall review and amend its guidelines and its policy 
     statements to provide for increased penalties for unlawful 
     manufacturing, importing, exporting, and trafficking of 
     methamphetamine, and other similar offenses, including 
     unlawful possession with intent to commit any of those 
     offenses, and attempt and conspiracy to commit any of those 
     offenses. The Commission shall submit to Congress 
     explanations therefor and any additional policy 
     recommendations for combating methamphetamine offenses.
       (b) In General.--In carrying out this section, the 
     Commission shall ensure that the sentencing guidelines and 
     policy statements for offenders convicted of offenses 
     described in subsection (a) and any recommendations submitted 
     under such subsection reflect the heinous nature of such 
     offenses, the need for aggressive law enforcement action to 
     fight such offenses, and the extreme dangers associated with 
     unlawful activity involving methamphetamine, including--
       (1) the rapidly growing incidence of methamphetamine abuse 
     and the threat to public safety such abuse poses;
       (2) the high risk of methamphetamine addiction;
       (3) the increased risk of violence associated with 
     methamphetamine trafficking and abuse; and
       (4) the recent increase in the illegal importation of 
     methamphetamine and precursor chemicals.

     SEC. 302. ENHANCED PENALTIES FOR OFFENSES INVOLVING CERTAIN 
                   LISTED CHEMICALS.

       (a) Controlled Substances Act.--Section 401(d) of the 
     Controlled Substances Act (21 U.S.C. 841(d)) is amended by 
     striking ``not more than 10 years,'' and inserting ``not more 
     than 20 years in the case of a violation of paragraph (1) or 
     (2) involving a list I chemical or not more than 10 years in 
     the case of a violation of this subsection other than a 
     violation of paragraph (1) or (2) involving a list I 
     chemical,''.
       (b) Controlled Substance Import and Export Act.--Section 
     1010(d) of the Controlled Substance Import and Export Act (21 
     U.S.C. 960(d)) is amended by striking ``not more than 10 
     years,'' and inserting ``not more than 20 years in the case 
     of a violation of paragraph (1) or (3) involving a list I 
     chemical or not more than 10 years in the case of a violation 
     of this subsection other than a violation of paragraph (1) or 
     (3) involving a list I chemical,''.
       (c) Sentencing Guidelines.--
       (1) In general.--The United States Sentencing Commission 
     shall, in accordance with the procedures set forth in section 
     21(a) of the Sentencing Act of 1987, as though the authority 
     of that section had not expired, amend the sentencing 
     guidelines to increase by at least two levels the offense 
     level for offenses involving list I chemicals under--
       (A) section 401(d) (1) and (2) of the Controlled Substances 
     Act (21 U.S.C. 841(d) (1) and (2)); and
       (B) section 1010(d) (1) and (3) of the Controlled Substance 
     Import and Export Act (21 U.S.C. 960(d) (1) and (3)).
       (2) Requirement.--In carrying out this subsection, the 
     Commission shall ensure that the offense levels for offenses 
     referred to in paragraph (1) are calculated proportionally on 
     the basis of the quantity of controlled substance that 
     reasonably could have been manufactured in a clandestine 
     setting using the quantity of the list I chemical possessed, 
     distributed, imported, or exported.
       On page 2, strike out the items relating to sections 301 
     and 302 and insert the following:

Sec. 301. Penalty increases for trafficking in methamphetamine.
Sec. 302. Enhanced penalties for offenses involving certain listed 
              chemicals.

  Mr. McCAIN. I ask unanimous consent that the amendments be considered 
read, and agreed to, the bill be deemed read a third time, passed, the 
motion to reconsider be laid upon the table, and that any statements 
relating to the bill be placed at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 5365 and 5366) en bloc were agreed to.
  The bill (S. 1965), as amended, was deemed read a third time and 
passed.
  (The text of the bill will be printed in a future edition of the 
Record.)
  Mr. GRASSLEY. Mr. President, today I am pleased to say that S. 1965--
what we call the meth bill--has finally passed. I want to thank all 
Members for letting this important piece of legislation get through the 
Senate.
  S. 1965, a bipartisan bill, takes aim at a rapidly growing problem in 
America and in Iowa--the abuse of methamphetamine, known on the street 
as ``meth'' or ``crank.''
  I am from Iowa--a rural state which most people do not associate with 
rampant crime or drug use. But in Iowa today, meth use has increased 
dramatically. According to a report prepared by the Governor's Alliance 
on Substance Abuse, seizures of meth in Des Moines increased an 
astounding 4,000 percent from 1993 to 1994. I repeat: meth seizures in 
Des Moines increased by 4,000 percent. The increase statewide was 400 
percent.
  These numbers are scary, Mr. President.
  And according to the Iowa Department of Public Health, 7.3 percent of 
Iowans seeking help from substance abuse treatment centers in 1995 
cited meth as their primary addiction. That's up over 5 percent from 
1994, when only 2.2 percent cited meth as their primary addition.
  Why has meth become such a problem? I don't think anyone knows 
definitively, but experts have been able to identify some of the 
reasons.
  Meth is cheap. A meth high lasts for a very, very long time, so you 
get more

[[Page S10723]]

for your money. And perhaps most disturbingly, meth does not have the 
stigma associated with cocaine and crack. Kids know that crack is 
dangerous. But they haven't yet learned that meth is.
  In Waterloo, Iowa, though, people are beginning to learn this sad and 
painful lesson. According to the New York Times, a 17-year-old Iowan 
who had been a good boy, descended into meth addiction. His behavior 
changed for the worse. Last October, this young man checked himself 
into the hospital because he believed that he had the flu. He died only 
days later because meth had so destroyed his immune system that he 
developed a form of meningitis. I'll never forget the words of this 
boy's mother: ``He made some wrong decisions and this drug sucked him 
away.'' I wonder how many more young Americans are going to be ``sucked 
away'' before we get a handle on the meth problem.

  Mr. President, what America is facing today with the explosion in 
meth use is nothing short of an epidemic. Meth is cheap and easily 
manufactured from commonly available chemicals. Today, the Senate is 
striking at the root of the problem: Chemical suppliers who sell 
chemicals to illegal meth labs. The harder it is for criminal chemists 
to get the raw material to make meth, the more difficult it will be to 
produce. This in turn will make it more expensive. And this will reduce 
consumption. And that will help keep our kids alive a little longer.
  Importantly, this bill preserves the flexibility of States to enact 
their own laws to deal with the manufacture of meth. Some very powerful 
chemical companies have tried to weaken this bill by preempting the 
States. I think that is just wrong-headed and I am pleased that the 
Senate has rejected this effort.
  Some of the chemical companies also tried to create so-called safe 
harbors so large that enormous bulk purchases of meth ingredients would 
never have to be reported to the DEA. That means criminals could go to 
the corner drugstore, purchase legal products like pseudoephedrine in 
large quantities and make poison with no one the wiser. And then that 
poison is sold to our kids.
  While the Senate has had to make some compromises I wouldn't have 
wanted to make in a perfect world--like the blister-pack exception for 
pseudoephedrine--I think that this bill represents a major step 
forward.
  This is a good, strong bill and I'm proud that it has passed.
  Finally, Mr. President, I especially want to take my hat off to 
Senator Feinstein for her work on this bill. More than any other 
Senator, Dianne Feinstein worked tirelessly to make sure that we could 
get the strongest possible meth bill. I just want the American people 
to know what a tremendous job she's done.
  Mr. President, in the 1980's, we almost lost a generation to crack 
and powder cocaine. Let's not get that close to the edge again. I'm 
proud that the Senate today has stood up to the chemical companies, 
stood up to the drug dealers and passed this crucial piece of 
legislation.

                          ____________________