[Congressional Record Volume 142, Number 129 (Wednesday, September 18, 1996)]
[Senate]
[Pages S10738-S10740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           COMPREHENSIVE METHAMPHETAMINE CONTROL ACT OF 1996

  Mrs. FEINSTEIN. Mr. President, I come here because I have spoken on 
this floor five times about methamphetamine. There is good news. I 
think it is stellar news. It is how this body can work together to 
solve what is a very real problem in America. I mentioned before that 
methamphetamine has been a major problem in the State of California. As 
a matter of fact, the DEA has determined that California is the 
``source country'' for methamphetamine, much like Colombia is for 
cocaine. In Operation Pipeline, conducted by the DEA, 92.8 percent of 
all methamphetamine seized in a national drug operation actually 
originated in California. Hospital admissions are up, way above that 
for cocaine. Deaths are up. Medical costs are up. Methamphetamine has 
become a real problem and a national emergency.
  Last June and July--that is 1995--I wrote to the Attorney General 
laying out the vast extent of the methamphetamine problem in California 
and asking her for proposals to crack down on this trade, especially on 
the precursor chemicals used to make methamphetamine.
  Over the ensuing months, my staff and I worked with prosecutors, 
narcotics officers, and the California Department of Justice, in a 
bipartisan way, to try to develop solutions. In February of this year, 
Senator Grassley and I, along with Senator Reid, introduced the 
Methamphetamine Control Act of 1996. We had a bipartisan group of 
Senators which also included Senator Kyl. Representatives Fazio and 
Riggs in the House introduced the same bill.
  In April, President Clinton announced his national methamphetamine 
strategy adding additional measures to attack meth. In July of this 
year, Senators Hatch, Biden, Grassley, and I and others introduced the 
bill which was passed last night, incorporating our earlier proposals. 
Frankly, thanks to Chairman Hatch and Senator Biden, I think this is a 
much better bill than the original bill we introduced.
  I note with some interest that yesterday was Senator Grassley's 
birthday. How nice to have a birthday and at the same time to have a 
bill that you worked on which passed the Senate of the United States 
unanimously, and which will solve a major problem out there.
  This would not have happened had it not been bipartisan. It would not 
have happened had it not been for the chairman of the Judiciary 
Committee and the ranking member of that committee coming together to 
work on a problem. A lot of staffs were involved across the aisle. I 
think they worked in the best bipartisan way this body can muster to 
solve a real problem. That is practical.
  You know, I often hear a lot about ideology around here. I have never 
been in a place that is more partisan than around here. Yet, the fact 
of the matter is, some problems take very conservative solutions, some 
take more innovative solutions, and most take just plain sitting down 
at a table and working out a solution. And that is methamphetamine.
  So last night the Hatch-Biden-Feinstein-Grassley bill, known as the 
Methamphetamine Control Act, was passed.
  Among some of the things it does is it adds seizure and forfeiture 
authority for precursor chemical violations.
  It provides for stiff escalating civil penalties for the reckless 
sale of chemicals used to manufacturer methamphetamine.
  It gives the Attorney General the authority to shut down chemical 
supply houses which provide chemicals to clandestine methamphetamine 
manufacturers.

  It provides for restitution for the cost of cleaning up clandestine 
methamphetamine labs, which runs about $7,000, $8,000 a lab.
  It allows the Attorney General to require, by regulation, reporting 
the sales of ordinary, over-the-counter, pseudoephedrine-containing 
products in quantities above 24 grams. This is really important because 
as there are controls on ephedrine, pseudoephedrine, which goes into 
over-the-counter cold medication, developed as a major source for 
methamphetamine makers to buy. So they would go into something like a 
Long's drugstore that has maybe 30 feet of display space of over-the-
counter cold medication and they would buy maybe 5,000 packages, 
everything they could get their hands on, ring it up, not have to give 
a name, address, a driver's license, anything, and walk out, open the 
packages or bottles, get children to open the blister packs, and go 
into their clandestine labs and make methamphetamine.
  This bill cracks down on that. I have heard that Long's, for example, 
is interested in being part of a major education program, which is 
provided for in this bill, to educate people and their own retail 
outlets about what is happening in methamphetamine.
  I am very proud to say that pharmaceutical houses, like Warner-
Lambert, became solidly in support of this legislation once they 
understood what was actually happening with their products.
  So I think this bill is a Republican win; it is a Democratic win. It 
is a good, strong, tough bill. Amazingly enough, 2 months before a 
Presidential election, on a bipartisan basis, it passed the Senate of 
the United States. We hope it will be marked up either today or 
tomorrow in the House of Representatives and we will get something 
done.
  Mr. President, you are a Republican. I am a Democrat. I happen to 
think this is what the people of America sent us both here to do. So I 
would like to send my warm congratulations to Chairman Hatch, to 
Senators Grassley, Kyl, Reid, most particularly to ranking member 
Senator Biden, whose staff worked very, very hard, and Senator Harkin, 
who came aboard and was supportive early on. This is important 
legislation. Oh, and, Mr. President, my staff just told me, you are 
part of this effort as well. Let me salute you and say thank you. 
Californians are grateful, and I think all of America will be as well. 
Thank you very much.
  Mr. President, I ask unanimous consent that a summary of the bill be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

           Comprehensive Methamphetamine Control Act of 1996


                                findings

       A. Methamphetamine is a very dangerous and harmful drug. It 
     is highly addictive and is associated with permanent brain 
     damage in long-term users.
       B. The abuse of methamphetamine has increased dramatically 
     since 1990. This increased use has led to devastating effects 
     on individuals and the community, including:

[[Page S10739]]

       1. A dramatic increase in deaths associated with 
     methamphetamine ingestion.
       2. An increase in the number of violent crimes associated 
     with methamphetamine ingestion.
       3. 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.
       C. Congress finds that illegal methamphetamine manufacturer 
     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. International coordination

       The Attorney General shall coordinate international drug 
     enforcement efforts to decrease the movement of 
     methamphetamine and methamphetamine precursors into the 
     United States.

                      Sec. 102. Long arm provision

       Imposes a maximum ten-year penalty on the manufacture 
     outside the United States of a list I chemical with intent to 
     import it into this country, by adding list I Chemicals to 21 
     U.S.C. Sec. 959(a).
       This provision also makes it a crime to manufacture or 
     distribute a List I chemical aboard an aircraft or to possess 
     a List I chemical aboard an aircraft with the intention to 
     distribute it by adding List I chemicals to 21 U.S.C. 
     Sec. 959(b) (1) and (2).


  title ii.--provisions to control the manufacture of methamphetamine

Sec. 201. Trafficking in precursor chemicals: seizure and forfeiture of 
                 precursor chemicals (List I chemicals)

       Will amend various provisions of the Controlled Substances 
     Act and the Tariff Act of 1930 to permit seizure and 
     forfeiture of List I chemicals, even if the individual or 
     firm involved is a non-registrant, or by a registrant whose 
     registration has expired or been revoked or suspended.

Sec. 202. Study and report on measures to prevent sales of other agents 
                   used in methamphetamine production

       The Attorney General is required to conduct a study and 
     report to Congress on possible measures to effectively 
     prevent the diversion of red phosphorous, iodine, 
     hydrochloric gas and other agents for use in the production 
     of methamphetamine.

    Sec. 203. Increased penalties for manufacture and possession of 
              equipment used to make controlled substances

       Increases the penalties for the possession of equipment 
     used to make controlled substances to 10 years and a $30,000 
     fine for the first offense and 20 years and a $60,000 fine 
     for the second offense. Requires the Sentencing Commission to 
     ensure that the manufacture of methamphetamine in violation 
     of this section is treated as a significant violation.

      Sec. 204. Addition of iodine and hydrochloric gas to List II

       Adds iodine and hydrochloric gas to List II. Exempts iodine 
     from the importation provisions for listed chemicals, but 
     allows the Attorney General to impose these limitations, if 
     warranted, under the provisions of current law.

  Sec. 205. Civil penalties for firms that supply precursor chemicals

       Imposes civil penalties for the distribution of a 
     laboratory supply to a person who uses, or attempts to use 
     that laboratory supply to manufacture a controlled substance 
     or a listed chemical, if the distribution is done with 
     reckless disregard for the illegal uses to which a laboratory 
     supply will be put.
       The civil penalties provided for in this provision are:
       A. Up to $250,000 for the first violation, and
       B. $250,000 or up to double the last previously imposed 
     penalty, whichever is greater, for any succeeding violation.

                      Sec. 206. Injunctive relief

       The Attorney General may commence a civil action under 21 
     U.S.C. Sec. 843 for appropriate relief, including a temporary 
     or permanent injunction to shut down the production and sale 
     of listed chemicals by individuals or companies that 
     knowingly sell precursor agents for the purpose of 
     methamphetamine production.
       Any person convicted of a felony violation of Sec. 402. of 
     the Controlled Substance Act related to the receipt, 
     distribution, manufacture, exportation or importation of a 
     listed chemical may be enjoined from engaging in any 
     transaction involving a listed chemical for not more than 10 
     years.

   Sec. 207. Restitution for clean up of clandestine laboratory sites

       The court may order restitution for the costs associated 
     with the investigation and clean up of a clandestine 
     methamphetamine laboratory.
       In addition, the court may order restitution for any person 
     injured as a result of the operation of a clandestine lab.

                       Sec. 208. Record Retention

       The record retention requirements for list I and II 
     chemicals are two years after the date of the transaction.

                     Sec. 209. Technical Amendments

       This section corrects misspellings of chemicals in the 
     Controlled Substances Act.


  title iii.--increased penalties for trafficking and manufacture of 
                     methamphetamine and precursors

                Sec. 301. Trafficking in methamphetamine

       Sentencing scheme shall be comparable to crack cocaine: 5 g 
     pure methamphetamine=5 year mandatory minimum term (5-40 
     years); 50 g pure methamphetamine=10 year mandatory minimum 
     term (10-life).

               Sec. 302. Illegal sale of listed chemicals

       Increases the penalties for trafficking in listed chemicals 
     to the penalty corresponding to the quantity of controlled 
     substance that could reasonably have been manufactured 
     according to a table to be developed by the Sentencing 
     Commission.

    Sec. 303. Enhanced penalty for dangerous handling of controlled 
             substances: Amendment of sentencing guidelines

       Requires the Sentencing Commission to determine whether 
     current sentencing guidelines adequately punish violation of 
     environmental laws during the operation of clandestine labs. 
     If punishment is not adequate, the Sentencing Commission is 
     required to promulgate guidelines or amend existing 
     guidelines to provide an appropriate enhancement of the 
     punishment for a defendant convicted of such an offense.


   title iv.--legal manufacture, distribution and sale of precursor 
                               chemicals

                         Sec. 401. Retail Sales

       Lawfully manufactured drug products are exempt from 
     regulation unless the Attorney General finds a need to 
     control them because of their diversion.
       Reduces the single transaction reporting requirements for 
     all retail sales other than ordinary over-the-counter 
     pseudoephedrine and phenylpropanolamine containing products 
     from 1,000 grams to 24 grams.
       Defines ordinary over-the-counter pseudoephedrine or 
     phenylpropanolamine products as those sold in package sizes 
     of not more than 3.0 grams of pseudoephedrine base or 3.0 
     grams of phenylpropanolamine base, that is packaged in 
     blister packs when technically feasible, each blister 
     containing not more than two dosage units.
       Except as defined below, the sale of ordinary over-the-
     counter pseudoephedrine or phenylpropanolamine products by a 
     retail distributor shall not be a regulated transaction.
       The Attorney General may, following documentation that 
     ordinary over-the-counter pseudoephedrine and 
     phenylpropanolamine-containing products purchased via retail 
     sales constitute a significant source of precursor substance 
     used in the illegal manufacture of a controlled substance, 
     establish by a notice, comment and an informal hearing a 
     single-transaction limit of 24 grams of pseudoephedrine or 
     phenylpropanolamine base.
       Any business or individual that violates the single 
     transaction limit, if established, will receive a warning 
     letter from the Attorney General for the first violation and, 
     if a business, shall be required to conduct mandatory 
     education of the sales employees of the firm with regard to 
     the legal sales of pseudoephedrine. For any second violation 
     occurring within 2 years of the first violation, the business 
     or individual shall be subject to 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.

                   Sec. 402. Mail Order Restrictions

       Each regulated person or entity who engages in a 
     transaction by mail with a non-regulated person involving 
     ephedrine, pseudoephedrine, or phenylpropanolamine shall, on 
     a monthly basis, submit to the Attorney General a record of 
     each such transaction conducted during the previous month.


                    title v.--education and research

            Sec. 501. Methamphetamine Interagency Task Force

       Creates a Methamphetamine Interagency Task Force, headed by 
     the Attorney General with DoJ, HHS and non-governmental 
     experts in drug abuse prevention and treatment. This task 
     force will be responsible for designing, implementing, and 
     evaluating methamphetamine education, prevention and 
     treatment practices and strategies.

                  Sec. 502. Public Health Monitoring.

       Requires the Secretary, HHS to develop a public health 
     monitoring program to monitor methamphetamine abuse in the 
     United States. The program will include 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

       Develop a Methamphetamine National Advisory Panel to 
     develop a program to educate wholesale and retail 
     distributors of precursor chemicals and supplies in the 
     identification of suspicious transactions and their 
     responsibility to report such transactions.

                 Sec. 504. Suspicious Orders Task Force

       Establishes a Suspicious Orders Task Force to develop a 
     proposal to define suspicious orders of listed chemicals and 
     to evaluate proposals for the development of an electronic 
     system for registrants to report suspicious orders.

  Mrs. FEINSTEIN. Mr. President, I yield the floor and suggest the 
absence of a quorum.

[[Page S10740]]

  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. FORD. Mr. President, I ask unanimous consent that the call for 
the quorum be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FORD. I understand there are 14 minutes left on this side.
  The PRESIDING OFFICER. There are 13\1/2\ minutes left.
  Mr. FORD. So, 13\1/2\ minutes. I yield myself as much time as I might 
use.
  The PRESIDING OFFICER. The Senator from Kentucky.

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