[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.
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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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