[Congressional Record (Bound Edition), Volume 145 (1999), Part 21]
[Senate]
[Pages 31117-31124]
[From the U.S. Government Publishing Office, www.gpo.gov]



 DETERMINED AND FULL ENGAGEMENT AGAINST THE THREAT OF METHAMPHETAMINE 
                       (DEFEAT METH) ACT OF 1999

                                 ______
                                 

                        HATCH AMENDMENT NO. 2794

  Ms. COLLINS (for Mr. Hatch) proposed an amendment to the bill (S. 
486) to provide for the punishment of methoamphetamine laboratory 
operators, provide additional resources to combat methoamphetamine 
production, trafficking, and abuse in the United States, and for other 
purposes; as follows:

       Strike page 9, line 16, and all that follows through page 
     50, line 22, and insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Methamphetamine Anti-Proliferation Act of 1999''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

      TITLE I--METHAMPHETAMINE PRODUCTION, TRAFFICKING, AND ABUSE

                     Subtitle A--Criminal Penalties

Sec. 101. Enhanced punishment of amphetamine laboratory operators.
Sec. 102. Enhanced punishment of amphetamine or methamphetamine 
              laboratory operators.
Sec. 103. Mandatory restitution for violations of Controlled Substances 
              Act and Controlled Substances Import and Export Act 
              relating to amphetamine and methamphetamine.
Sec. 104. Methamphetamine paraphernalia.

                  Subtitle B--Enhanced Law Enforcement

Sec. 111. Environmental hazards associated with illegal manufacture of 
              amphetamine and methamphetamine.
Sec. 112. Reduction in retail sales transaction threshold for non-safe 
              harbor products containing pseudoephedrine or 
              phenylpropanolamine.
Sec. 113. Training for Drug Enforcement Administration and State and 
              local law enforcement personnel relating to clandestine 
              laboratories.
Sec. 114. Combatting methamphetamine and amphetamine in high intensity 
              drug trafficking areas.
Sec. 115. Combating amphetamine and methamphetamine manufacturing and 
              trafficking.

               Subtitle C--Abuse Prevention and Treatment

Sec. 121. Expansion of methamphetamine research.
Sec. 122. Methamphetamine and amphetamine treatment initiative by 
              Center for Substance Abuse Treatment.
Sec. 123. Expansion of methamphetamine abuse prevention efforts.
Sec. 124. Study of methamphetamine treatment.

                          Subtitle D--Reports

Sec. 131. Reports on consumption of methamphetamine and other illicit 
              drugs in rural areas, metropolitan areas, and 
              consolidated metropolitan areas.
Sec. 132. Report on diversion of ordinary, over-the-counter 
              pseudoephedrine and phenylpropanolamine products.

               TITLE II--CONTROLLED SUBSTANCES GENERALLY

                      Subtitle A--Criminal Matters

Sec. 201. Enhanced punishment for trafficking in list I chemicals.
Sec. 202. Mail order requirements.
Sec. 203. Advertisements for drug paraphernalia and schedule I 
              controlled substances.
Sec. 204. Theft and transportation of anhydrous ammonia for purposes of 
              illicit production of controlled substances.
Sec. 205. Criminal prohibition on distribution of certain information 
              relating to the manufacture of controlled substances.

                       Subtitle B--Other Matters

Sec. 211. Waiver authority for physicians who dispense or prescribe 
              certain narcotic drugs for maintenance treatment or 
              detoxification treatment.

                        TITLE III--MISCELLANEOUS

Sec. 301. Notice; clarification.
Sec. 302. Antidrug messages on Federal Government Internet websites.
Sec. 303. Severability.
      TITLE I--METHAMPHETAMINE PRODUCTION, TRAFFICKING, AND ABUSE
                     Subtitle A--Criminal Penalties

     SEC. 101. ENHANCED PUNISHMENT OF AMPHETAMINE LABORATORY 
                   OPERATORS.

       (a) Amendment to Federal Sentencing Guidelines.--Pursuant 
     to its authority under section 994(p) of title 28, United 
     States Code, the United States Sentencing Commission shall 
     amend the Federal sentencing guidelines in accordance with 
     this section with respect to any offense relating to the 
     manufacture, importation, exportation, or trafficking in 
     amphetamine (including an attempt or conspiracy to do any of 
     the foregoing) in violation of--
       (1) the Controlled Substances Act (21 U.S.C. 801 et seq.);
       (2) the Controlled Substances Import and Export Act (21 
     U.S.C. 951 et seq.); or
       (3) the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
     1901 et seq.).
       (b) General Requirement.--In carrying out this section, the 
     United States Sentencing Commission shall, with respect to 
     each offense described in subsection (a) relating to 
     amphetamine--
       (1) review and amend its guidelines to provide for 
     increased penalties such that those penalties are comparable 
     to the base offense level for methamphetamine; and

[[Page 31118]]

       (2) take any other action the Commission considers 
     necessary to carry out this subsection.
       (c) Additional Requirements.--In carrying out this section, 
     the United States Sentencing Commission shall ensure that the 
     sentencing guidelines for offenders convicted of offenses 
     described in subsection (a) reflect the heinous nature of 
     such offenses, the need for aggressive law enforcement action 
     to fight such offenses, and the extreme dangers associated 
     with unlawful activity involving amphetamines, including--
       (1) the rapidly growing incidence of amphetamine abuse and 
     the threat to public safety that such abuse poses;
       (2) the high risk of amphetamine addiction;
       (3) the increased risk of violence associated with 
     amphetamine trafficking and abuse; and
       (4) the recent increase in the illegal importation of 
     amphetamine and precursor chemicals.
       (d) Emergency Authority to Sentencing Commission.--The 
     United States Sentencing Commission shall promulgate 
     amendments pursuant to this section as soon as practicable 
     after the date of the enactment of this Act in accordance 
     with the procedure set forth in section 21(a) of the 
     Sentencing Act of 1987 (Public Law 100-182), as though the 
     authority under that Act had not expired.

     SEC. 102. ENHANCED PUNISHMENT OF AMPHETAMINE OR 
                   METHAMPHETAMINE LABORATORY OPERATORS.

       (a) Federal Sentencing Guidelines.--
       (1) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall amend the Federal sentencing 
     guidelines in accordance with paragraph (2) with respect to 
     any offense relating to the manufacture, attempt to 
     manufacture, or conspiracy to manufacture amphetamine or 
     methamphetamine in violation of--
       (A) the Controlled Substances Act (21 U.S.C. 801 et seq.);
       (B) the Controlled Substances Import and Export Act (21 
     U.S.C. 951 et seq.); or
       (C) the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
     1901 et seq.).
       (2) Requirements.--In carrying out this paragraph, the 
     United States Sentencing Commission shall--
       (A) if the offense created a substantial risk of harm to 
     human life (other than a life described in subparagraph (B)) 
     or the environment, increase the base offense level for the 
     offense--
       (i) by not less than 3 offense levels above the applicable 
     level in effect on the date of the enactment of this Act; or
       (ii) if the resulting base offense level after an increase 
     under clause (i) would be less than level 27, to not less 
     than level 27; or
       (B) if the offense created a substantial risk of harm to 
     the life of a minor or incompetent, increase the base offense 
     level for the offense--
       (i) by not less than 6 offense levels above the applicable 
     level in effect on the date of the enactment of this Act; or
       (ii) if the resulting base offense level after an increase 
     under clause (i) would be less than level 30, to not less 
     than level 30.
       (3) Emergency authority to sentencing commission.--The 
     United States Sentencing Commission shall promulgate 
     amendments pursuant to this subsection as soon as practicable 
     after the date of enactment of this Act in accordance with 
     the procedure set forth in section 21(a) of the Sentencing 
     Act of 1987 (Public Law 100-182), as though the authority 
     under that Act had not expired.
       (b) Effective Date.--The amendments made pursuant to this 
     section shall apply with respect to any offense occurring on 
     or after the date that is 60 days after the date of enactment 
     of this Act.

     SEC. 103. MANDATORY RESTITUTION FOR VIOLATIONS OF CONTROLLED 
                   SUBSTANCES ACT AND CONTROLLED SUBSTANCES IMPORT 
                   AND EXPORT ACT RELATING TO AMPHETAMINE AND 
                   METHAMPHETAMINE.

       (a) Mandatory Restitution.--Section 413(q) of the 
     Controlled Substances Act (21 U.S.C. 853(q)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``may'' and inserting ``shall'';
       (2) by inserting ``amphetamine or'' before 
     ``methamphetamine'' each place it appears;
       (3) in paragraph (2)--
       (A) by inserting ``, the State or local government 
     concerned, or both the United States and the State or local 
     government concerned'' after ``United States'' the first 
     place it appears; and
       (B) by inserting ``or the State or local government 
     concerned, as the case may be,'' after ``United States'' the 
     second place it appears; and
       (4) in paragraph (3), by striking ``section 3663 of title 
     18, United States Code'' and inserting ``section 3663A of 
     title 18, United States Code''.
       (b) Deposit of Amounts in Department of Justice Assets 
     Forfeiture Fund.--Section 524(c)(4) of title 28, United 
     States Code, is amended--
       (1) by striking ``and'' at the end of subparagraph (B);
       (2) by striking the period at the end of subparagraph (C) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) all amounts collected--
       ``(i) by the United States pursuant to a reimbursement 
     order under paragraph (2) of section 413(q) of the Controlled 
     Substances Act (21 U.S.C. 853(q)); and
       ``(ii) pursuant to a restitution order under paragraph (1) 
     or (3) of section 413(q) of the Controlled Substances Act for 
     injuries to the United States.''.
       (c) Clarification of Certain Orders of Restitution.--
     Section 3663(c)(2)(B) of title 18, United States Code, is 
     amended by inserting ``which may be'' after ``the fine''.
       (d) Expansion of Applicability of Mandatory Restitution.--
     Section 3663A(c)(1)(A)(ii) of title 18, United States Code, 
     is amended by inserting ``or under section 416(a) of the 
     Controlled Substances Act (21 U.S.C. 856(a)),'' after ``under 
     this title,''.
       (e) Treatment of Illicit Substance Manufacturing Operations 
     as Crimes Against Property.--Section 416 of the Controlled 
     Substances Act (21 U.S.C. 856) is amended by adding at the 
     end the following new subsection:
       ``(c) A violation of subsection (a) shall be considered an 
     offense against property for purposes of section 
     3663A(c)(1)(A)(ii) of title 18, United States Code.''.

     SEC. 104. METHAMPHETAMINE PARAPHERNALIA.

       Section 422(d) of the Controlled Substances Act (21 U.S.C. 
     863(d)) is amended in the matter preceding paragraph (1) by 
     inserting ``methamphetamine,'' after ``PCP,''.
                  Subtitle B--Enhanced Law Enforcement

     SEC. 111. ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL 
                   MANUFACTURE OF AMPHETAMINE AND METHAMPHETAMINE.

       (a) Use of Amounts or Department of Justice Assets 
     Forfeiture Fund.--Section 524(c)(1)(E) of title 28, United 
     States Code, is amended--
       (1) by inserting ``(i) for'' before ``disbursements'';
       (2) by inserting ``and'' after the semicolon; and
       (3) by adding at the end the following:
       ``(ii) for payment for--
       ``(I) costs incurred by or on behalf of the Department of 
     Justice in connection with the removal, for purposes of 
     Federal forfeiture and disposition, of any hazardous 
     substance or pollutant or contaminant associated with the 
     illegal manufacture of amphetamine or methamphetamine; and
       ``(II) costs incurred by or on behalf of a State or local 
     government in connection with such removal in any case in 
     which such State or local government has assisted in a 
     Federal prosecution relating to amphetamine or 
     methamphetamine, to the extent such costs exceed equitable 
     sharing payments made to such State or local government in 
     such case;''.
       (b) Grants Under Drug Control and System Improvement Grant 
     Program.--Section 501(b)(3) of the Omnibus Crime Control and 
     Safe Streets Act of 1968 is amended by inserting before the 
     semicolon the following: ``and to remove any hazardous 
     substance or pollutant or contaminant associated with the 
     illegal manufacture of amphetamine or methamphetamine''.
       (c) Amounts Supplement and Not Supplant.--
       (1) Assets forfeiture fund.--Any amounts made available 
     from the Department of Justice Assets Forfeiture Fund in a 
     fiscal year by reason of the amendment made by subsection (a) 
     shall supplement, and not supplant, any other amounts made 
     available to the Department of Justice in such fiscal year 
     from other sources for payment of costs described in section 
     524(c)(1)(E)(ii) of title 28, United States Code, as so 
     amended.
       (2) Grant program.--Any amounts made available in a fiscal 
     year under the grant program under section 501(b)(3) of the 
     Omnibus Crime Control and Safe Streets Act of 1968 for the 
     removal of hazardous substances or pollutants or contaminants 
     associated with the illegal manufacture of amphetamine or 
     methamphetamine by reason of the amendment made by subsection 
     (b) shall supplement, and not supplant, any other amounts 
     made available in such fiscal year from other sources for 
     such removal.

     SEC. 112. REDUCTION IN RETAIL SALES TRANSACTION THRESHOLD FOR 
                   NON-SAFE HARBOR PRODUCTS CONTAINING 
                   PSEUDOEPHEDRINE OR PHENYLPROPANOLAMINE.

       (a) Reduction in Transaction Threshold.--Section 
     102(39)(A)(iv)(II) of the Controlled Substances Act (21 
     U.S.C. 802(39)(A)(iv)(II) is amended--
       (1) by striking ``24 grams'' both places it appears and 
     inserting ``9 grams''; and
       (2) by inserting before the semicolon at the end the 
     following: ``and sold in package sizes of not more than 3 
     grams of pseudoephedrine base or 3 grams of 
     phenylpropanolamine base''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect one year after the date of the enactment of 
     this Act.

     SEC. 113. TRAINING FOR DRUG ENFORCEMENT ADMINISTRATION AND 
                   STATE AND LOCAL LAW ENFORCEMENT PERSONNEL 
                   RELATING TO CLANDESTINE LABORATORIES.

       (a) In General.--
       (1) Requirement.--The Administrator of the Drug Enforcement 
     Administration shall

[[Page 31119]]

     carry out the programs described in subsection (b) with 
     respect to the law enforcement personnel of States and 
     localities determined by the Administrator to have 
     significant levels of methamphetamine-related or amphetamine-
     related crime or projected by the Administrator to have the 
     potential for such levels of crime in the future.
       (2) Duration.--The duration of any program under that 
     subsection may not exceed 3 years.
       (b) Covered Programs.--The programs described in this 
     subsection are as follows:
       (1) Advanced mobile clandestine laboratory training 
     teams.--A program of advanced mobile clandestine laboratory 
     training teams, which shall provide information and training 
     to State and local law enforcement personnel in techniques 
     utilized in conducting undercover investigations and 
     conspiracy cases, and other information designed to assist in 
     the investigation of the illegal manufacturing and 
     trafficking of amphetamine and methamphetamine.
       (2) Basic clandestine laboratory certification training.--A 
     program of basic clandestine laboratory certification 
     training, which shall provide information and training--
       (A) to Drug Enforcement Administration personnel and State 
     and local law enforcement personnel for purposes of enabling 
     such personnel to meet any certification requirements under 
     law with respect to the handling of wastes created by illegal 
     amphetamine and methamphetamine laboratories; and
       (B) to State and local law enforcement personnel for 
     purposes of enabling such personnel to provide the 
     information and training covered by subparagraph (A) to other 
     State and local law enforcement personnel.
       (3) Clandestine laboratory recertification and awareness 
     training.--A program of clandestine laboratory 
     recertification and awareness training, which shall provide 
     information and training to State and local law enforcement 
     personnel for purposes of enabling such personnel to provide 
     recertification and awareness training relating to 
     clandestine laboratories to additional State and local law 
     enforcement personnel.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2000, 2001, and 
     2002 amounts as follows:
       (1) $1,500,000 to carry out the program described in 
     subsection (b)(1).
       (2) $3,000,000 to carry out the program described in 
     subsection (b)(2).
       (3) $1,000,000 to carry out the program described in 
     subsection (b)(3).

     SEC. 114. COMBATTING METHAMPHETAMINE AND AMPHETAMINE IN HIGH 
                   INTENSITY DRUG TRAFFICKING AREAS.

       (a) In General.--
       (1) In general.--The Director of National Drug Control 
     Policy shall use amounts available under this section to 
     combat the trafficking of methamphetamine and amphetamine in 
     areas designated by the Director as high intensity drug 
     trafficking areas.
       (2) Activities.--In meeting the requirement in paragraph 
     (1), the Director shall transfer funds to appropriate 
     Federal, State, and local governmental agencies for employing 
     additional Federal law enforcement personnel, or facilitating 
     the employment of additional State and local law enforcement 
     personnel, including agents, investigators, prosecutors, 
     laboratory technicians, chemists, investigative assistants, 
     and drug-prevention specialists.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       (1) $15,000,000 for fiscal year 2000; and
       (2) such sums as may be necessary for each of fiscal years 
     2001 through 2004.
       (c) Apportionment of Funds.--
       (1) Factors in apportionment.--The Director shall apportion 
     amounts appropriated for a fiscal year pursuant to the 
     authorization of appropriations in subsection (b) for 
     activities under subsection (a) among and within areas 
     designated by the Director as high intensity drug trafficking 
     areas based on the following factors:
       (A) The number of methamphetamine manufacturing facilities 
     and amphetamine manufacturing facilities discovered by 
     Federal, State, or local law enforcement officials in the 
     previous fiscal year.
       (B) The number of methamphetamine prosecutions and 
     amphetamine prosecutions in Federal, State, or local courts 
     in the previous fiscal year.
       (C) The number of methamphetamine arrests and amphetamine 
     arrests by Federal, State, or local law enforcement officials 
     in the previous fiscal year.
       (D) The amounts of methamphetamine, amphetamine, or listed 
     chemicals (as that term is defined in section 102(33) of the 
     Controlled Substances Act (21 U.S.C. 802(33)) seized by 
     Federal, State, or local law enforcement officials in the 
     previous fiscal year.
       (E) Intelligence and predictive data from the Drug 
     Enforcement Administration and the Department of Health and 
     Human Services showing patterns and trends in abuse, 
     trafficking, and transportation in methamphetamine, 
     amphetamine, and listed chemicals (as that term is so 
     defined).
       (2) Certification.--Before the Director apportions any 
     funds under this subsection to a high intensity drug 
     trafficking area, the Director shall certify that the law 
     enforcement entities responsible for clandestine 
     methamphetamine and amphetamine laboratory seizures in that 
     area are providing laboratory seizure data to the national 
     clandestine laboratory database at the El Paso Intelligence 
     Center.
       (d) Limitation on Administrative Costs.--Not more than 5 
     percent of the amount appropriated in a fiscal year pursuant 
     to the authorization of appropriations for that fiscal year 
     in subsection (b) may be available in that fiscal year for 
     administrative costs associated with activities under 
     subsection (a).

     SEC. 115. COMBATING AMPHETAMINE AND METHAMPHETAMINE 
                   MANUFACTURING AND TRAFFICKING.

       (a) Activities.--In order to combat the illegal 
     manufacturing and trafficking in amphetamine and 
     methamphetamine, the Administrator of the Drug Enforcement 
     Administration may--
       (1) assist State and local law enforcement in small and 
     mid-sized communities in all phases of investigations related 
     to such manufacturing and trafficking, including assistance 
     with foreign-language interpretation;
       (2) staff additional regional enforcement and mobile 
     enforcement teams related to such manufacturing and 
     trafficking;
       (3) establish additional resident offices and posts of duty 
     to assist State and local law enforcement in rural areas in 
     combating such manufacturing and trafficking;
       (4) provide the Special Operations Division of the 
     Administration with additional agents and staff to collect, 
     evaluate, interpret, and disseminate critical intelligence 
     targeting the command and control operations of major 
     amphetamine and methamphetamine manufacturing and trafficking 
     organizations;
       (5) enhance the investigative and related functions of the 
     Chemical Control Program of the Administration to implement 
     more fully the provisions of the Comprehensive 
     Methamphetamine Control Act of 1996 (Public Law 104-237);
       (6) design an effective means of requiring an accurate 
     accounting of the import and export of list I chemicals, and 
     coordinate investigations relating to the diversion of such 
     chemicals;
       (7) develop a computer infrastructure sufficient to 
     receive, process, analyze, and redistribute time-sensitive 
     enforcement information from suspicious order reporting to 
     field offices of the Administration and other law enforcement 
     and regulatory agencies, including the continuing development 
     of the Suspicious Order Reporting and Tracking System (SORTS) 
     and the Chemical Transaction Database (CTRANS) of the 
     Administration;
       (8) establish an education, training, and communication 
     process in order to alert the industry to current trends and 
     emerging patterns in the illegal manufacturing of amphetamine 
     and methamphetamine; and
       (9) carry out such other activities as the Administrator 
     considers appropriate.
       (b) Additional Positions and Personnel.--
       (1) In general.--In carrying out activities under 
     subsection (a), the Administrator may establish in the 
     Administration not more than 50 full-time positions, 
     including not more than 31 special-agent positions, and may 
     appoint personnel to such positions.
       (2) Particular positions.--In carrying out activities under 
     paragraphs (5) through (8) of subsection (a), the 
     Administrator may establish in the Administration not more 
     than 15 full-time positions, including not more than 10 
     diversion investigator positions, and may appoint personnel 
     to such positions. Any positions established under this 
     paragraph are in addition to any positions established under 
     paragraph (1).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for the Drug Enforcement Administration 
     for each fiscal year after fiscal year 1999, $9,500,000 for 
     purposes of carrying out the activities authorized by 
     subsection (a) and employing personnel in positions 
     established under subsection (b), of which $3,000,000 shall 
     be available for activities under paragraphs (5) through (8) 
     of subsection (a) and for employing personnel in positions 
     established under subsection (b)(2).
               Subtitle C--Abuse Prevention and Treatment

     SEC. 121. EXPANSION OF METHAMPHETAMINE RESEARCH.

       Section 464N of the Public Health Service Act (42 U.S.C. 
     285o-2) is amended by adding at the end the following:
       ``(c) Methamphetamine Research.--
       ``(1) Grants or cooperative agreements.--The Director of 
     the Institute may make grants or enter into cooperative 
     agreements to expand the current and on-going 
     interdisciplinary research and clinical trials with treatment 
     centers of the National Drug Abuse Treatment Clinical Trials 
     Network relating to methamphetamine abuse and addiction and 
     other biomedical, behavioral, and social issues related to 
     methamphetamine abuse and addiction.
       ``(2) Use of funds.--Amounts made available under a grant 
     or cooperative agreement under paragraph (1) for 
     methamphetamine abuse and addiction may be used for research 
     and clinical trials relating to--

[[Page 31120]]

       ``(A) the effects of methamphetamine abuse on the human 
     body, including the brain;
       ``(B) the addictive nature of methamphetamine and how such 
     effects differ with respect to different individuals;
       ``(C) the connection between methamphetamine abuse and 
     mental health;
       ``(D) the identification and evaluation of the most 
     effective methods of prevention of methamphetamine abuse and 
     addiction;
       ``(E) the identification and development of the most 
     effective methods of treatment of methamphetamine addiction, 
     including pharmacological treatments;
       ``(F) risk factors for methamphetamine abuse;
       ``(G) effects of methamphetamine abuse and addiction on 
     pregnant women and their fetuses; and
       ``(H) cultural, social, behavioral, neurological and 
     psychological reasons that individuals abuse methamphetamine, 
     or refrain from abusing methamphetamine.
       ``(3) Research results.--The Director shall promptly 
     disseminate research results under this subsection to 
     Federal, State and local entities involved in combating 
     methamphetamine abuse and addiction.
       ``(4) Authorization of appropriations.--
       ``(A) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out paragraph (1), such sums as 
     may be necessary for each fiscal year.
       ``(B) Supplement not supplant.--Amounts appropriated 
     pursuant to the authorization of appropriations in 
     subparagraph (A) for a fiscal year shall supplement and not 
     supplant any other amounts appropriated in such fiscal year 
     for research on methamphetamine abuse and addiction.''.

     SEC. 122. METHAMPHETAMINE AND AMPHETAMINE TREATMENT 
                   INITIATIVE BY CENTER FOR SUBSTANCE ABUSE 
                   TREATMENT.

       Subpart 1 of part B of title V of the Public Health Service 
     Act (42 U.S.C. 290bb et seq.) is amended by adding at the end 
     the following new section:


         ``methamphetamine and amphetamine treatment initiative

       ``Sec. 514. (a) Grants.--
       ``(1) Authority to make grants.--The Director of the Center 
     for Substance Abuse Treatment may make grants to States and 
     Indian tribes recognized by the United States that have a 
     high rate, or have had a rapid increase, in methamphetamine 
     or amphetamine abuse or addiction in order to permit such 
     States and Indian tribes to expand activities in connection 
     with the treatment of methamphetamine or amphetamine abuser 
     or addiction in the specific geographical areas of such 
     States or Indian tribes, as the case may be, where there is 
     such a rate or has been such an increase.
       ``(2) Recipients.--Any grants under paragraph (1) shall be 
     directed to the substance abuse directors of the States, and 
     of the appropriate tribal government authorities of the 
     Indian tribes, selected by the Director to receive such 
     grants.
       ``(3) Nature of activities.--Any activities under a grant 
     under paragraph (1) shall be based on reliable scientific 
     evidence of their efficacy in the treatment of 
     methamphetamine or amphetamine abuse or addiction.
       ``(b) Geographic Distribution.--The Director shall ensure 
     that grants under subsection (a) are distributed equitably 
     among the various regions of the country and among rural, 
     urban, and suburban areas that are affected by 
     methamphetamine or amphetamine abuse or addiction.
       ``(c) Additional Activities.--The Director shall--
       ``(1) evaluate the activities supported by grants under 
     subsection (a);
       ``(2) disseminate widely such significant information 
     derived from the evaluation as the Director considers 
     appropriate to assist States, Indian tribes, and private 
     providers of treatment services for methamphetamine or 
     amphetamine abuser or addiction in the treatment of 
     methamphetamine or amphetamine abuse or addiction; and
       ``(3) provide States, Indian tribes, and such providers 
     with technical assistance in connection with the provision of 
     such treatment.
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $10,000,000 for fiscal year 2000 
     and such sums as may be necessary for each of fiscal years 
     2001 and 2002.
       ``(2) Use of certain funds.--Of the funds appropriated to 
     carry out this section in any fiscal year, the lesser of 5 
     percent of such funds or $1,000,000 shall be available to the 
     Director for purposes of carrying out subsection (c).''.

     SEC. 123. EXPANSION OF METHAMPHETAMINE ABUSE PREVENTION 
                   EFFORTS.

       (a) Expansion of Efforts.--Section 515 of the Public Health 
     Service Act (42 U.S.C. 290bb-21) is amended by adding at the 
     end the following:
       ``(e)(1) The Administrator may make grants to and enter 
     into contracts and cooperative agreements with public and 
     nonprofit private entities to enable such entities--
       ``(A) to carry out school-based programs concerning the 
     dangers of abuse of and addiction to methamphetamine and 
     other illicit drugs, using methods that are effective and 
     science-based, including initiatives that give students the 
     responsibility to create their own anti-drug abuse education 
     programs for their schools; and
       ``(B) to carry out community-based abuse and addiction 
     prevention programs relating to methamphetamine and other 
     illicit drugs that are effective and science-based.
       ``(2) Amounts made available under a grant, contract or 
     cooperative agreement under paragraph (1) shall be used for 
     planning, establishing, or administering prevention programs 
     relating to methamphetamine and other illicit drugs in 
     accordance with paragraph (3).
       ``(3)(A) Amounts provided under this subsection may be 
     used--
       ``(i) to carry out school-based programs that are focused 
     on those districts with high or increasing rates of 
     methamphetamine abuse and addiction and targeted at 
     populations which are most at risk to start abuse of 
     methamphetamine and other illicit drugs;
       ``(ii) to carry out community-based prevention programs 
     that are focused on those populations within the community 
     that are most at-risk for abuse of and addiction to 
     methamphetamine and other illicit drugs;
       ``(iii) to assist local government entities to conduct 
     appropriate prevention activities relating to methamphetamine 
     and other illicit drugs;
       ``(iv) to train and educate State and local law enforcement 
     officials, prevention and education officials, members of 
     community anti-drug coalitions and parents on the signs of 
     abuse of and addiction to methamphetamine and other illicit 
     drugs, and the options for treatment and prevention;
       ``(v) for planning, administration, and educational 
     activities related to the prevention of abuse of and 
     addiction to methamphetamine and other illicit drugs;
       ``(vi) for the monitoring and evaluation of prevention 
     activities relating to methamphetamine and other illicit 
     drugs, and reporting and disseminating resulting information 
     to the public; and
       ``(vii) for targeted pilot programs with evaluation 
     components to encourage innovation and experimentation with 
     new methodologies.
       ``(B) The Administrator shall give priority in making 
     grants under this subsection to rural and urban areas that 
     are experiencing a high rate or rapid increases in 
     methamphetamine abuse and addiction.
       ``(4)(A) Not less than $500,000 of the amount available in 
     each fiscal year to carry out this subsection shall be made 
     available to the Administrator, acting in consultation with 
     other Federal agencies, to support and conduct periodic 
     analyses and evaluations of effective prevention programs for 
     abuse of and addiction to methamphetamine and other illicit 
     drugs and the development of appropriate strategies for 
     disseminating information about and implementing these 
     programs.
       ``(B) The Administrator shall submit to the committees of 
     Congress referred to in subparagraph (C) an annual report 
     with the results of the analyses and evaluation under 
     subparagraph (A).
       ``(C) The committees of Congress referred to in this 
     subparagraph are the following:
       ``(i) The Committees on Health, Education, Labor, and 
     Pensions, the Judiciary, and Appropriations of the Senate.
       ``(ii) The Committees on Commerce, the Judiciary, and 
     Appropriations of the House of Representatives.''.
       (b) Authorization of Appropriations for Expansion of Abuse 
     Prevention Efforts and Practitioner Registration 
     Requirements.--There is authorized to be appropriated to 
     carry out section 515(e) of the Public Health Service Act (as 
     added by subsection (a)) and section 303(g)(2) of the 
     Controlled Substances Act (as added by section 18(a) of this 
     Act), $15,000,000 for fiscal year 2000, and such sums as may 
     be necessary for each succeeding fiscal year.

     SEC. 124. STUDY OF METHAMPHETAMINE TREATMENT.

       (a) Study.--
       (1) Requirement.--The Secretary of Health and Human 
     Services shall, in consultation with the Institute of 
     Medicine of the National Academy of Sciences, conduct a study 
     on the development of medications for the treatment of 
     addiction to amphetamine and methamphetamine.
       (2) Report.--Not later than nine months after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committees on the Judiciary of the Senate and House of 
     Representatives a report on the results of the study 
     conducted under paragraph (1).
       (b) Authorization of Appropriations.--There are hereby 
     authorized to be appropriated for the Department of Health 
     and Human Services for fiscal year 2000 such sums as may be 
     necessary to meet the requirements of subsection (a).
                          Subtitle D--Reports

     SEC. 131. REPORTS ON CONSUMPTION OF METHAMPHETAMINE AND OTHER 
                   ILLICIT DRUGS IN RURAL AREAS, METROPOLITAN 
                   AREAS, AND CONSOLIDATED METROPOLITAN AREAS.

       The Secretary of Health and Human Services shall include in 
     each National Household Survey on Drug Abuse appropriate 
     prevalence data and information on the consumption of 
     methamphetamine and other illicit

[[Page 31121]]

     drugs in rural areas, metropolitan areas, and consolidated 
     metropolitan areas.

     SEC. 132. REPORT ON DIVERSION OF ORDINARY, OVER-THE-COUNTER 
                   PSEUDOEPHEDRINE AND PHENYLPROPANOLAMINE 
                   PRODUCTS.

       (a) Study.--The Attorney General shall conduct a study of 
     the use of ordinary, over-the-counter pseudoephedrine and 
     phenylpropanolamine products in the clandestine production of 
     illicit drugs. Sources of data for the study shall include 
     the following:
       (1) Information from Federal, State, and local clandestine 
     laboratory seizures and related investigations identifying 
     the source, type, or brand of drug products being utilized 
     and how they were obtained for the illicit production of 
     methamphetamine and amphetamine.
       (2) Information submitted voluntarily from the 
     pharmaceutical and retail industries involved in the 
     manufacture, distribution, and sale of drug products 
     containing ephedrine, pseudoephedrine, and 
     phenylpropanolamine, including information on changes in the 
     pattern, volume, or both, of sales of ordinary, over-the-
     counter pseudoephedrine and phenylpropanolamine products.
       (b) Report.--
       (1) Requirement.--Not later than one year after the date of 
     the enactment of this Act, the Attorney General shall submit 
     to Congress a report on the study conducted under subsection 
     (a).
       (2) Elements.--The report shall include--
       (A) the findings of the Attorney General as a result of the 
     study; and
       (B) such recommendations on the need to establish 
     additional measures to prevent diversion of ordinary, over-
     the-counter pseudoephedrine and phenylpropanolamine (such as 
     a threshold on ordinary, over-the-counter pseudoephedrine and 
     phenylpropanolamine products) as the Attorney General 
     considers appropriate.
       (3) Matters considered.--In preparing the report, the 
     Attorney General shall consider the comments and 
     recommendations including the comments on the Attorney 
     General's proposed findings and recommendations, of State and 
     local law enforcement and regulatory officials and of 
     representatives of the industry described in subsection 
     (a)(2).
       (c) Regulation of Retail Sales.--
       (1) In general.--Notwithstanding section 401(d) of the 
     Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 
     802 note) and subject to paragraph (2), the Attorney General 
     shall establish by regulation a single-transaction limit of 
     not less than 24 grams of ordinary, over-the-counter 
     pseudoephedrine or phenylpropanolamine (as the case may be) 
     for retail distributors, if the Attorney General finds, in 
     the report under subsection (b), that--
       (A) there is a significant number of instances (as set 
     forth in paragraph (3)(A) of such section 401(d) for purposes 
     of such section) where ordinary, over-the-counter 
     pseudoephedrine products, phenylpropanolamine products, or 
     both such products that were purchased from retail 
     distributors were widely used in the clandestine production 
     of illicit drugs; and
       (B) the best practical method of preventing such use is the 
     establishment of single-transaction limits for retail 
     distributors of either or both of such products.
       (2) Due process.--The Attorney General shall establish the 
     single-transaction limit under paragraph (1) only after 
     notice, comment, and an informal hearing.
               TITLE II--CONTROLLED SUBSTANCES GENERALLY
                      Subtitle A--Criminal Matters

     SEC. 201. ENHANCED PUNISHMENT FOR TRAFFICKING IN LIST I 
                   CHEMICALS.

       (a) Amendments to Federal Sentencing Guidelines.--Pursuant 
     to its authority under section 994(p) of title 28, United 
     States, the United States Sentencing Commission shall amend 
     the Federal sentencing guidelines in accordance with this 
     section with respect to any violation of paragraph (1) or (2) 
     of section 401(d) of the Controlled Substances Act (21 U.S.C. 
     841(d)) involving a list I chemical and any violation of 
     paragraph (1) or (3) of section 1010(d) of the Controlled 
     Substance Import and Export Act (21 U.S.C. 960(d)) involving 
     a list I chemical.
       (b) Ephedrine, Phenylpropanolamine, and Pseudoephedrine.--
       (1) In general.--In carrying this section, the United 
     States Sentencing Commission shall, with respect to each 
     offense described in subsection (a) involving ephedrine, 
     phenylpropanolamine, or pseudoephedrine (including their 
     salts, optical isomers, and salts of optical isomers), review 
     and amend its guidelines to provide for increased penalties 
     such that those penalties corresponded to the quantity of 
     controlled substance that could reasonably have been 
     manufactured using the quantity of ephedrine, 
     phenylpropanolamine, or pseudoephedrine possessed or 
     distributed.
       (2) Conversion ratios.--For the purposes of the amendments 
     made by this subsection, the quantity of controlled substance 
     that could reasonably have been manufactured shall be 
     determined by using a table of manufacturing conversion 
     ratios for ephedrine, phenylpropanolamine, and 
     pseudoephedrine, which table shall be established by the 
     Sentencing Commission based on scientific, law enforcement, 
     and other data the Sentencing Commission considers 
     appropriate.
       (c) Other List I Chemicals.--In carrying this section, the 
     United States Sentencing Commission shall, with respect to 
     each offense described in subsection (a) involving any list I 
     chemical other than ephedrine, phenylpropanolamine, or 
     pseudoephedrine, review and amend its guidelines to provide 
     for increased penalties such that those penalties reflect the 
     dangerous nature of such offenses, the need for aggressive 
     law enforcement action to fight such offenses, and the 
     extreme dangers associated with unlawful activity involving 
     methamphetamine and amphetamine, including--
       (1) the rapidly growing incidence of controlled substance 
     manufacturing;
       (2) the extreme danger inherent in manufacturing controlled 
     substances;
       (3) the threat to public safety posed by manufacturing 
     controlled substances; and
       (4) the recent increase in the importation, possession, and 
     distribution of list I chemicals for the purpose of 
     manufacturing controlled substances.
       (d) Emergency Authority to Sentencing Commission.--The 
     United States Sentencing Commission shall promulgate 
     amendments pursuant to this section as soon as practicable 
     after the date of the enactment of this Act in accordance 
     with the procedure set forth in section 21(a) of the 
     Sentencing Act of 1987 (Public Law 100-182), as though the 
     authority under that Act had not expired.

     SEC. 202. MAIL ORDER REQUIREMENTS.

       Section 310(b)(3) of the Controlled Substances Act (21 
     U.S.C. 830(b)(3)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively;
       (2) by inserting before subparagraph (B), as so 
     redesignated, the following new subparagraph (A):
       ``(A) As used in this paragraph:
       ``(i) The term `drug product' means an active ingredient in 
     dosage form that has been approved or otherwise may be 
     lawfully marketed under the Food, Drug, and Cosmetic Act for 
     distribution in the United States.
       ``(ii) The term `valid prescription' means a prescription 
     which is issued for a legitimate medical purpose by an 
     individual practitioner licensed by law to administer and 
     prescribe the drugs concerned and acting in the usual course 
     of the practitioner's professional practice.'';
       (3) in subparagraph (B), as so redesignated, by inserting 
     ``or who engages in an export transaction'' after 
     ``nonregulated person''; and
       (4) adding at the end the following:
       ``(D) Except as provided in subparagraph (E), the following 
     distributions to a nonregulated person, and the following 
     export transactions, shall not be subject to the reporting 
     requirement in subparagraph (B):
       ``(i) Distributions of sample packages of drug products 
     when such packages contain not more than 2 solid dosage units 
     or the equivalent of 2 dosage units in liquid form, not to 
     exceed 10 milliliters of liquid per package, and not more 
     than one package is distributed to an individual or 
     residential address in any 30-day period.
       ``(ii) Distributions of drug products by retail 
     distributors that may not include face-to-face transactions 
     to the extent that such distributions are consistent with the 
     activities authorized for a retail distributor as specified 
     in section 102(46).
       ``(iii) Distributions of drug products to a resident of a 
     long term care facility (as that term is defined in 
     regulations prescribed by the Attorney General) or 
     distributions of drug products to a long term care facility 
     for dispensing to or for use by a resident of that facility.
       ``(iv) Distributions of drug products pursuant to a valid 
     prescription.
       ``(v) Exports which have been reported to the Attorney 
     General pursuant to section 1004 or 1018 or which are subject 
     to a waiver granted under section 1018(e)(2).
       ``(vi) Any quantity, method, or type of distribution or any 
     quantity, method, or type of distribution of a specific 
     listed chemical (including specific formulations or drug 
     products) or of a group of listed chemicals (including 
     specific formulations or drug products) which the Attorney 
     General has excluded by regulation from such reporting 
     requirement on the basis that such reporting is not necessary 
     for the enforcement of this title or title III.
       ``(E) The Attorney General may revoke any or all of the 
     exemptions listed in subparagraph (D) for an individual 
     regulated person if he finds that drug products distributed 
     by the regulated person are being used in violation of this 
     title or title III. The regulated person shall be notified of 
     the revocation, which will be effective upon receipt by the 
     person of such notice, as provided in section 1018(c)(1), and 
     shall have the right to an expedited hearing as provided in 
     section 1018(c)(2).''.

     SEC. 203. ADVERTISEMENTS FOR DRUG PARAPHERNALIA AND SCHEDULE 
                   I CONTROLLED SUBSTANCES.

       (a) Drug Paraphernalia.--Subsection (a)(1) of section 422 
     of the Controlled Substances Act (21 U.S.C. 863) is amended 
     by inserting ``, directly or indirectly advertise for sale,'' 
     after ``sell''.

[[Page 31122]]

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

     SEC. 204. THEFT AND TRANSPORTATION OF ANHYDROUS AMMONIA FOR 
                   PURPOSES OF ILLICIT PRODUCTION OF CONTROLLED 
                   SUBSTANCES.

       (a) In General.--Part D of the Controlled Substances Act 
     (21 U.S.C. 841 et seq.) is amended by adding at the end the 
     following:


                          ``anhydrous ammonia

       ``Sec. 423. (a) It is unlawful for any person--
       ``(1) to steal anhydrous ammonia, or
       ``(2) to transport stolen anhydrous ammonia across State 
     lines,
     knowing, intending, or having reasonable cause to believe 
     that such anhydrous ammonia will be used to manufacture a 
     controlled substance in violation of this part.
       ``(b) Any person who violates subsection (a) shall be 
     imprisoned or fined, or both, in accordance with section 
     403(d) as if such violation were a violation of a provision 
     of section 403.''.
       (b) Clerical Amendment.--The table of contents for that Act 
     is amended by inserting after the item relating to section 
     421 the following new items:

``Sec. 422. Drug paraphernalia.
``Sec. 423. Anhydrous ammonia.''.

       (c) Assistance for Certain Research.--
       (1) Agreement.--The Administrator of the Drug Enforcement 
     Administration shall seek to enter into an agreement with 
     Iowa State University in order to permit the University to 
     continue and expand its current research into the development 
     of inert agents that, when added to anhydrous ammonia, 
     eliminate the usefulness of anhydrous ammonia as an 
     ingredient in the production of methamphetamine.
       (2) Reimbursable provision of funds.--The agreement under 
     paragraph (1) may provide for the provision to Iowa State 
     University, on a reimbursable basis, of $500,000 for purposes 
     the activities specified in that paragraph.
       (3) Authorization of appropriations.--There is hereby 
     authorized to be appropriated for the Drug Enforcement 
     Administration for fiscal year 2000, $500,000 for purposes of 
     carrying out the agreement under this subsection.

     SEC. 205. CRIMINAL PROHIBITION ON DISTRIBUTION OF CERTAIN 
                   INFORMATION RELATING TO THE MANUFACTURE OF 
                   CONTROLLED SUBSTANCES.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by inserting after chapter 21 the following new 
     chapter:

[[Page 31123]]



                  ``CHAPTER 22--CONTROLLED SUBSTANCES

``Sec.
``421. Distribution of information relating to manufacture of 
              controlled substances.

     ``Sec. 421. Distribution of information relating to 
       manufacture of controlled substances

       ``(a) Prohibition on Distribution of Information Relating 
     to Manufacture of Controlled Substances.--
       ``(1) Controlled substance defined.--In this subsection, 
     the term `controlled substance' has the meaning given that 
     term in section 102(6) of the Controlled Substances Act (21 
     U.S.C. 802(6)).
       ``(2) Prohibition.--It shall be unlawful for any person--
       ``(A) to teach or demonstrate the manufacture of a 
     controlled substance, or to distribute by any means 
     information pertaining to, in whole or in part, the 
     manufacture of a controlled substance, with the intent that 
     the teaching, demonstration, or information be used for, or 
     in furtherance of, an activity that constitutes a Federal 
     crime; or
       ``(B) to teach or demonstrate to any person the manufacture 
     of a controlled substance, or to distribute to any person, by 
     any means, information pertaining to, in whole or in part, 
     the manufacture of a controlled substance, knowing that such 
     person intends to use the teaching, demonstration, or 
     information for, or in furtherance of, an activity that 
     constitutes a Federal crime.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined under this title, imprisoned not more than 10 
     years, or both.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of part I of title 18, United States Code, is 
     amended by inserting after the item relating to chapter 21 
     the following new item:

``22. Controlled Substances..................................421''.....

                       Subtitle B--Other Matters

     SEC. 211. WAIVER AUTHORITY FOR PHYSICIANS WHO DISPENSE OR 
                   PRESCRIBE CERTAIN NARCOTIC DRUGS FOR 
                   MAINTENANCE TREATMENT OR DETOXIFICATION 
                   TREATMENT.

       (a) Requirements.--Section 303(g) of the Controlled 
     Substances Act (21 U.S.C. 823(g)) is amended--
       (1) in paragraph (2), by striking ``(A) security'' and 
     inserting ``(i) security'', and by striking ``(B) the 
     maintenance'' and inserting ``(ii) the maintenance'';
       (2) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (3) by inserting ``(1)'' after ``(g)'';
       (4) by striking ``Practitioners who dispense'' and 
     inserting ``Except as provided in paragraph (2), 
     practitioners who dispense and prescribe''; and
       (5) by adding at the end the following:
       ``(2)(A) Subject to subparagraphs (D), the requirements of 
     paragraph (1) are waived in the case of the dispensing or 
     prescribing, by a physician, of narcotic drugs in schedule 
     III, IV, or V, or combinations of such drugs, if the 
     physician meets the conditions specified in subparagraph (B) 
     and the narcotic drugs or combinations of such drugs meet the 
     conditions specified in subparagraph (C).
       ``(B)(i) For purposes of subparagraph (A), the conditions 
     specified in this subparagraph with respect to a physician 
     are that, before dispensing or prescribing narcotic drugs in 
     schedule III, IV, or V, or combinations of such drugs, to 
     patients for maintenance or detoxification treatment, the 
     physician submit to the Secretary and the Attorney General a 
     notification of the intent of the physician to begin 
     dispensing or prescribing the drugs or combinations for such 
     purpose, and that the notification to the Secretary also 
     contain the following certifications by the physician:
       ``(I) The physician--
       ``(aa) is a physician licensed under State law; and
       ``(bb) has training or experience and the ability to treat 
     and manage opiate-dependent patients.
       ``(II) With respect to patients to whom the physician will 
     provide such drugs or combinations of drugs, the physician 
     has the capacity to refer the patients for appropriate 
     counseling and other appropriate ancillary services.
       ``(III) In any case in which the physician is not in a 
     group practice, the total number of such patients of the 
     physician at any one time will not exceed the applicable 
     number. For purposes of this subclause, the applicable number 
     is 20, except that the Secretary may by regulation change 
     such total number.
       ``(IV) In any case in which the physician is in a group 
     practice, the total number of such patients of the group 
     practice at any one time will not exceed the applicable 
     number. For purposes of this subclause, the applicable number 
     is 20, except that the Secretary may by regulation change 
     such total number, and the Secretary for such purposes may by 
     regulation establish different categories on the basis of the 
     number of physicians in a group practice and establish for 
     the various categories different numerical limitations on the 
     number of such patients that the group practice may have.
       ``(ii)(I) The Secretary may, in consultation with the 
     Administrator of the Drug Enforcement Administration, the 
     Administrator of the Substance Abuse and Mental Health 
     Services Administration, the Director of the Center for 
     Substance Abuse Treatment, the Director of the National 
     Institute on Drug Abuse, and the Commissioner of Food and 
     Drugs, issue regulations through notice and comment 
     rulemaking or practice guidelines to address the following:
       ``(aa) Approval of additional credentialing bodies and the 
     responsibilities of additional credentialing bodies.
       ``(bb) Additional exemptions from the requirements of this 
     paragraph and any regulations under this paragraph.
       ``(II) Nothing in the regulations or practice guidelines 
     under this clause may authorize any Federal official or 
     employee to exercise supervision or control over the practice 
     of medicine or the manner in which medical services are 
     provided.
       ``(III)(aa) The Secretary shall issue a Treatment 
     Improvement Protocol containing best practice guidelines for 
     the treatment and maintenance of opiate-dependent patients. 
     The Secretary shall develop the protocol in consultation with 
     the Director of the National Institute on Drug Abuse, the 
     Director of the Center for Substance Abuse Treatment, the 
     Administrator of the Drug Enforcement Administration, the 
     Commissioner of Food and Drugs, the Administrator of the 
     Substance Abuse and Mental Health Services Administration, 
     and other substance abuse disorder professionals. The 
     protocol shall be guided by science.
       ``(bb) The protocol shall be issued not later than 120 days 
     after the date of the enactment of the Methamphetamine Anti-
     Proliferation Act of 1999.
       ``(IV) For purposes of the regulations or practice 
     guidelines under subclause (I), a physician shall have 
     training or experience under clause (i)(I)(bb) if the 
     physician meets one or more of the following conditions:
       ``(aa) The physician is certified in addiction treatment by 
     the American Society of Addiction Medicine, the American 
     Board of Medical Specialties, the American Osteopathic 
     Academy of Addiction Medicine, or any other certified body 
     accredited by the Secretary.
       ``(bb) The physician has been a clinical investigator in a 
     clinical trial conducted for purposes of securing approval 
     under section 505 of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 355) or section 351 of the Public Health Service 
     Act (42 U.S.C. 262) of a narcotic drug in schedule III, IV, 
     or V for the treatment of addiction, if such approval was 
     granted.
       ``(cc) The physician has completed training (through 
     classroom situations, seminars, professional society 
     meetings, electronic communications, or otherwise) provided 
     by the American Society of Addiction Medicine, the American 
     Academy of Addiction Psychiatry, the American Osteopathic 
     Academy of Addiction Medicine, the American Medical 
     Association, the American Osteopathic Association, the 
     American Psychiatric Association, or any other organization 
     that the Secretary determines appropriate for purposes of 
     this item. The curricula may include training in patient need 
     for counseling regarding HIV, Hepatitis C, and other 
     infectious diseases, substance abuse counseling, random drug 
     testing, medical evaluation, annual assessment, prenatal 
     care, diagnosis of addiction, rehabilitation services, 
     confidentiality, and other appropriate topics.
       ``(dd) The physician has training or experience in the 
     treatment and management of opiate-dependent, which training 
     or experience shall meet such criteria as the Secretary may 
     prescribe. Any such criteria shall be effective for a period 
     of three years after the effective date of such criteria, but 
     the Secretary may extend the effective period of such 
     criteria by additional periods of three years for each 
     extension if the Secretary determines that such extension is 
     appropriate for purposes of this item. Any such extension 
     shall go into effect only if the Secretary publishes a notice 
     of such extension in the Federal Register during the 30-day 
     period ending on the date of the end of the three-year 
     effective period of such criteria to which such extension 
     will apply.
       ``(ee) The physician is certified in addiction treatment by 
     a State medical licensing board, or an entity accredited by 
     such board, unless the Secretary determines (after an 
     opportunity for a hearing) that the training provided by such 
     board or entity was inadequate for the treatment and 
     management of opiate-dependent patients.
       ``(C) For purposes of subparagraph (A), the conditions 
     specified in this subparagraph with respect to narcotic drugs 
     in schedule III, IV, or V, or combinations of such drugs, are 
     as follows:
       ``(i) The drugs or combinations of drugs have, under the 
     Federal Food, Drug and Cosmetic Act or section 351 of the 
     Public Health Service Act, been approved for use in 
     maintenance or detoxification treatment.
       ``(ii) The drugs or combinations of drugs have not been the 
     subject of an adverse determination. For purposes of this 
     clause, an adverse determination is a determination published 
     in the Federal Register and made by the Secretary, after 
     consultation with the Attorney General, that experience since 
     the approval of the drug or combinations of drugs has shown 
     that the use of the drugs or

[[Page 31124]]

     combinations of drugs for maintenance or detoxification 
     treatment requires additional standards respecting the 
     qualifications of physicians to provide such treatment, or 
     requires standards respecting the quantities of the drugs 
     that may be provided for unsupervised use.
       ``(D)(i) A waiver under subparagraph (A) with respect to a 
     physician is not in effect unless (in addition to conditions 
     under subparagraphs (B) and (C)) the following conditions are 
     met:
       ``(I) The notification under subparagraph (B) is in writing 
     and states the name of the physician.
       ``(II) The notification identifies the registration issued 
     for the physician pursuant to subsection (f).
       ``(III) If the physician is a member of a group practice, 
     the notification states the names of the other physicians in 
     the practice and identifies the registrations issued for the 
     other physicians pursuant to subsection (f).
       ``(IV) A period of 45 days has elapsed after the date on 
     which the notification was submitted, and during such period 
     the physician does not receive from the Secretary a written 
     notice that one or more of the conditions specified in 
     subparagraph (B), subparagraph (C), or this subparagraph, 
     have not been met.
       ``(ii) The Secretary shall provide to the Attorney General 
     such information contained in notifications under 
     subparagraph (B) as the Attorney General may request.
       ``(E) If in violation of subparagraph (A) a physician 
     dispenses or prescribes narcotic drugs in schedule III, IV, 
     or V, or combinations of such drugs, for maintenance 
     treatment or detoxification treatment, the Attorney General 
     may, for purposes of section 304(a)(4), consider the 
     physician to have committed an act that renders the 
     registration of the physician pursuant to subsection (f) to 
     be inconsistent with the public interest.
       ``(F)(i) Upon determining that a physician meets the 
     conditions specified in subparagraph (B), the Secretary shall 
     notify the physician and the Attorney General.
       ``(ii) Upon receiving notice with respect to a physician 
     under clause (i), the Attorney General shall assign the 
     physician an identification number under this paragraph for 
     inclusion with the physician's current registration to 
     prescribe narcotics. An identification number assigned a 
     physician under this clause shall be appropriate to preserve 
     the confidentiality of a patient prescribed narcotic drugs 
     covered by this paragraph by the physician.
       ``(iii) If the Secretary fails to make a determination 
     described in clause (i) by the end of the 45-day period 
     beginning on the date of the receipt by the Secretary of a 
     notification from a physician under subparagraph (B), the 
     Attorney General shall assign the physician an identification 
     number described in clause (ii) at the end of such period.
       ``(G) In this paragraph:
       ``(i) The term `group practice' has the meaning given such 
     term in section 1877(h)(4) of the Social Security Act.
       ``(ii) The term `physician' has the meaning given such term 
     in section 1861(r) of the Social Security Act.
       ``(H)(i) This paragraph takes effect on the date of the 
     enactment of the Methamphetamine Anti-Proliferation Act of 
     1999, and remains in effect thereafter except as provided in 
     clause (iii) (relating to a decision by the Secretary or the 
     Attorney General that this paragraph should not remain in 
     effect).
       ``(ii) For the purposes relating to clause (iii), the 
     Secretary and the Attorney General shall, during the 3-year 
     period beginning on the date of the enactment of the 
     Methamphetamine Anti-Proliferation Act of 1999, make 
     determinations in accordance with the following:
       ``(I)(aa) The Secretary shall--
       ``(aaa) make a determination of whether treatments provided 
     under waivers under subparagraph (A) have been effective 
     forms of maintenance treatment and detoxification treatment 
     in clinical settings;
       ``(bbb) make a determination regarding whether such waivers 
     have significantly increased (relative to the beginning of 
     such period) the availability of maintenance treatment and 
     detoxification treatment; and
       ``(ccc) make a determination regarding whether such waivers 
     have adverse consequences for the public health.
       ``(bb) In making determinations under this subclause, the 
     Secretary--
       ``(aaa) may collect data from the practitioners for whom 
     waivers under subparagraph (A) are in effect;
       ``(bbb) shall issue appropriate guidelines or regulations 
     (in accordance with procedures for substantive rules under 
     section 553 of title 5, United States Code) specifying the 
     scope of the data that will be required to be provided under 
     this subclause and the means through which the data will be 
     collected; and
       ``(ccc) shall, with respect to collecting such data, comply 
     with applicable provisions of chapter 6 of title 5, United 
     States Code (relating to a regulatory flexibility analysis), 
     and of chapter 8 of such title (relating to congressional 
     review of agency rulemaking).
       ``(II) The Attorney General shall--
       ``(aa) make a determination of the extent to which there 
     have been violations of the numerical limitations established 
     under subparagraph (B) for the number of individuals to whom 
     a practitioner may provide treatment; and
       ``(bb) make a determination regarding whether waivers under 
     subparagraph (A) have increased (relative to the beginning of 
     such period) the extent to which narcotic drugs in schedule 
     III, IV, or V, or combinations of such drugs, are being 
     dispensed or prescribed, or possessed, in violation of this 
     Act.
       ``(iii) If, before the expiration of the period specified 
     in clause (ii), the Secretary or the Attorney General 
     publishes in the Federal Register a decision, made on the 
     basis of determinations under such clause, that this 
     paragraph should not remain in effect, this paragraph ceases 
     to be in effect 60 days after the date on which the decision 
     is so published. The Secretary shall, in making any such 
     decision, consult with the Attorney General, and shall, in 
     publishing the decision in the Federal Register, include any 
     comments received from the Attorney General for inclusion in 
     the publication. The Attorney General shall, in making any 
     such decision, consult with the Secretary, and shall, in 
     publishing the decision in the Federal Register, include any 
     comments received from the Secretary for inclusion in the 
     publication.
       ``(I) During the 3-year period beginning on the date of the 
     enactment of the Methamphetamine Anti-Proliferation Act of 
     1999, a State may not preclude a practitioner from dispensing 
     or prescribing narcotic drugs in schedule III, IV, or V, or 
     combinations of such drugs, to patients for maintenance or 
     detoxification treatment in accordance with this paragraph, 
     or the other amendments made by section 22 of that Act, 
     unless, before the expiration of that 3-year period, the 
     State enacts a law prohibiting a practitioner from dispensing 
     or prescribing such drugs or combination of drugs.''.
       (b) Conforming Amendments.--Section 304 of the Controlled 
     Substances Act (21 U.S.C. 824) is amended--
       (1) in subsection (a), in the matter following paragraph 
     (5), by striking ``section 303(g)'' each place the term 
     appears and inserting ``section 303(g)(1)''; and
       (2) in subsection (d), by striking ``section 303(g)'' and 
     inserting ``section 303(g)(1)''.
       (c) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated for purposes of activities 
     under section 303(g)(2) of the Controlled Substances Act, as 
     added by subsection (a), amounts as follows:
       (1) For fiscal year 2000, $3,000,000.
       (2) For each fiscal year after fiscal year 2000, such sums 
     as may be necessary for such fiscal year.
                        TITLE III--MISCELLANEOUS

     SEC. 301. NOTICE; CLARIFICATION.

       (a) Notice of Issuance.--Section 3103a of title 18, United 
     States Code, is amended by adding at the end the following 
     new sentence: ``With respect to any issuance under this 
     section or any other provision of law (including section 3117 
     and any rule), any notice required, or that may be required, 
     to be given may be delayed pursuant to the standards, terms, 
     and conditions set forth in section 2705, unless otherwise 
     expressly provided by statute.''.
       (b) Clarification.--(1) Section 2(e) of Public Law 95-78 
     (91 Stat. 320) is amended by adding at the end the following:
     ``Subdivision (d) of such rule, as in effect on this date, is 
     amended by inserting `tangible' before `property' each place 
     it occurs.''.
       (2) The amendment made by paragraph (1) shall take effect 
     on the date of the enactment of this Act.

     SEC. 302. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET 
                   WEBSITES.

       Not later than 90 days after the date of the enactment of 
     this Act, the head of each department, agency, and 
     establishment of the Federal Government shall, in 
     consultation with the Director of the Office of National Drug 
     Control Policy, place antidrug messages on appropriate 
     Internet websites controlled by such department, agency, or 
     establishment which messages shall, where appropriate, 
     contain an electronic hyperlink to the Internet website, if 
     any, of the Office.

     SEC. 303. SEVERABILITY.

       Any provision of this Act held to be invalid or 
     unenforceable by its terms, or as applied to any person or 
     circumstance, shall be construed as to give the maximum 
     effect permitted by law, unless such provision is held to be 
     utterly invalid or unenforceable, in which event such 
     provision shall be severed from this Act and shall not affect 
     the applicability of the remainder of this Act, or of such 
     provision, to other persons not similarly situated or to 
     other, dissimilar circumstances.

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