[House Report 106-878]
[From the U.S. Government Publishing Office]
106th Congress Rept. 106-878
HOUSE OF REPRESENTATIVES
2d Session Part 1
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METHAMPHETAMINE AND CLUB DRUG ANTI-PROLIFERATION ACT OF 2000
_______
September 21, 2000.--Ordered to be printed
_______
Mr. McCollum, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 2987]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2987) providing for the punishment of
methamphetamine laboratory operators, provide additional
resources to combat methamphetamine production, trafficking,
and abuse in the United States, and for other purposes, having
considered the same, reports favorably thereon with an
amendment in the nature of a substitute and recommends that the
bill as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.............................................. 2
Purpose and Summary........................................ 21
Background and Need for the Legislation.................... 22
Hearings................................................... 23
Committee Consideration.................................... 23
Votes of the Committee..................................... 24
Committee Oversight Findings............................... 26
Committee on Government Reform Findings.................... 26
New Budget Authority and Tax Expenditures.................. 26
Committee Cost Estimate.................................... 26
Constitutional Authority Statement......................... 26
Section-by-Section Analysis and Discussion................. 27
Changes in Existing Law Made by the Bill, as Reported...... 39
The amendment in the nature of a substitute is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Methamphetamine
and Club Drug Anti-Proliferation Act of 2000''.
(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. Theft and transportation of anhydrous ammonia for purposes of
illicit production 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. Antidrug messages on Federal government internet websites.
Sec. 302. Severability.
TITLE IV--CLUB DRUG ANTI-PROLIFERATION
Sec. 401. Enhanced punishment of club drug traffickers.
Sec. 402. Enhanced punishment of ghb traffickers.
Sec. 403. Emergency authority to sentencing commission.
Sec. 404. Expansion of club drug abuse prevention efforts.
TITLE V--REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRATION OF EXPENSES
INCURRED TO REMEDIATE METHAMPHETAMINE LABORATORIES
Sec. 501. Reimbursement by drug enforcement administration of expenses
incurred to remediate methamphetamine laboratories.
TITLE--VI-FEDERAL DRUG COURTS
Sec. 601. Establishment.
Sec. 602. Rehabilitation program.
Sec. 603. Authorization of appropriations.
TITLE VII--STUDY OF THE EFFECT OF MANDATORY MINIMUM SENTENCES FOR
NONVIOLENT CONTROLLED SUBSTANCE OFFENSES
Sec. 701. Findings.
Sec. 702. Department of justice study.
TITLE VIII--RULE OF CONSTRUCTION
Sec. 801. Rule of construction.
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
(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 increase the offense
level--
(A) if the offense created a substantial risk of
harm to human life or the environment;
(B) if the offense created a substantial risk of
harm to the life of a minor or incompetent.
(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 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 2001, 2002, and 2003 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 2001; 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--
``(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 2001 and
such sums as may be necessary for each of fiscal years 2002 and
2003.
``(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
211(a)(5) of this Act), $15,000,000 for fiscal year 2001, 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 2001 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
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 Code, 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. 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 2001, $500,000 for purposes of
carrying out the agreement under this subsection.
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 or prescribe''; and
(5) by adding at the end the following:
``(2)(A) Subject to subparagraph (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
initially 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 30, 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 30,
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 and Club Drug Anti-
Proliferation Act of 2000.
``(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 patients, 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 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 and Club Drug Anti-Proliferation Act of 2000,
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 and Club Drug Anti-
Proliferation Act of 2000, 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 and Club Drug Anti-Proliferation Act
of 2000, 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 2001, $3,000,000.
(2) For each fiscal year after fiscal year 2001, such sums
as may be necessary for such fiscal year.
TITLE III--MISCELLANEOUS
SEC. 301. 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. 302. 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.
TITLE IV--CLUB DRUG ANTI-PROLIFERATION
SEC. 401. ENHANCED PUNISHMENT OF CLUB DRUG TRAFFICKERS.
(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 regarding any offense relating to the manufacture,
importation, or exportation of, or trafficking in--
(1) 3,4-methylenedioxy methamphetamine;
(2) 3,4-methylenedioxy amphetamine;
(3) 3,4-methylenedioxy-N-ethylamphetamine;
(4) paramethoxymethamphetamine (PMA); or
(5) any other controlled substance, as determined by the
Sentencing Commission in consultation with the Attorney
General, that is marketed as a club drug and that has either a
chemical structure substantially similar to that of 3,4-
methylenedioxy methamphetamine or paramethoxymethamphetamine or
an effect on the central nervous system substantially similar
to or greater than that of 3,4-methylenedioxy methamphetamine
or paramethoxymethamphetamine; (including an attempt or
conspiracy to commit an offense described in paragraph (1),
(2), (3), or (4)) in violation of the Controlled Substances Act
(21 U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. 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)--
(1) review and amend the Federal sentencing guidelines to
provide for increased penalties such that those penalties are
comparable to the base offense levels for offenses involving
any methamphetamine mixture; and
(2) take any other action the Commission considers to be
necessary to carry out this subsection.
(c) Additional Requirements.--In carrying out this section, the
United States Sentencing Commission shall ensure that the Federal
Sentencing guidelines for offenders convicted of offenses described in
subsection (a) reflect--
(1) the need for aggressive law enforcement action with
respect to offenses involving the controlled substances
described in subsection (a); and
(2) the dangers associated with unlawful activity involving
such substances, including--
(A) the rapidly growing incidence of abuse of the
controlled substances described in subsection (a) and
the threat to public safety that such abuse poses;
(B) the recent increase in the illegal importation
of the controlled substances described in subsection
(a);
(C) the young age at which children are beginning
to use the controlled substances described in
subsection (a); and
(D) any other factor that the Sentencing Commission
deems appropriate.
SEC. 402. ENHANCED PUNISHMENT OF GHB TRAFFICKERS.
(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, or exportation of, or
trafficking in--
(1) gamma-hydroxybutyric acid and its salts; or
(2) the List I Chemical gamma-butyrolactone; (including an
attempt or conspiracy to commit an offense described in
paragraph (1) or (2)) in violation of the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances Import
and Export Act (21 U.S.C. 951 4 et seq.), or the Maritime Drug
Law Enforcement Act (46 5 U.S.C. 1901 et seq.).
(b) General Requirements.--In carrying out this section, the United
States Sentencing Commission shall with respect to each offense
described in subsection (a)--
(1) review and amend the Federal Sentencing guidelines to
provide for increased penalties such that those penalties
reflect the seriousness of these offenses and the need to deter
them;
(2) assure that the guidelines provide that offenses
involving a significant quantity of Schedule I and II
depressants are subject to greater terms of imprisonment than
currently provided by the guidelines and that such terms are
consistent with applicable statutory maximum penalties; and
(3) take any other action the Commission considers to be
necessary to carry out this subsection.
(c) Additional Requirements.--In carrying out this section, the
United States Sentencing Commission shall consider--
(1) the dangers associated with the use of the substances
described in subsection (a), and unlawful activity involving
such substances;
(2) the rapidly growing incidence of abuse of the
controlled substances described in subsection (a) and the
threat to public safety that such abuse poses, including the
dangers posed by overdose; and
(3) the recent increase in the illegal manufacture of the
controlled substances described in subsection (a).
SEC. 403. EMERGENCY AUTHORITY TO SENTENCING COMMISSION.
The United States Sentencing Commission shall promulgate amendments
under this Act 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. 404. EXPANSION OF CLUB DRUG ABUSE PREVENTION EFFORTS.
(a) Public Health Service Assistance.--Part A of title V of the
Public Health Service Act (42 U.S.C. 20 290aa et seq.) is amended by
adding at the end the following:
``SEC. 506. GRANTS FOR CLUB DRUG ABUSE PREVENTION.
(a) Authority.--The Administrator may make grants to, and enter
into contracts and cooperative agreements with, public and nonprofit
private entities to enable such entities--
``(1) to carry out school-based programs concerning the
dangers of abuse of and addiction to 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related drugs,
using methods that are effective and science-based, including
initiatives that give students the responsibility to create
their own antidrug abuse education programs for their schools;
and
``(2) to carry out community-based abuse and addiction
prevention programs relating to 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related drugs
that are effective and science-based.
``(b) Use of Funds.--Amounts made available under a grant, contract
or cooperative agreement under subsection (a) shall be used for
planning, establishing, or administering prevention programs relating
to 3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs in accordance with paragraph (3).
``(c)(1) Discretionary Functions.--Amounts provided under this
section may be used--
``(A) to carry out school-based programs that are focused
on those districts with high or increasing rates of abuse and
addiction to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs and targeted at
populations that are most at risk to start abuse of 3,4-
methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs;
``(B) 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 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related drugs;
``(C) to assist local government entities to conduct
appropriate prevention activities relating to 3,4-
methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs;
``(D) to train and educate State and local law enforcement
officials, prevention and education officials, health
professionals, members of community antidrug coalitions and
parents on the signs of abuse of and addiction to 3,4-
methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs, and the options for treatment and prevention;
``(E) for planning, administration, and educational
activities related to the prevention of abuse of and addiction
to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs;
``(F) for the monitoring and evaluation of prevention
activities relating to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs, and reporting and
disseminating resulting information to the public; and
``(G) for targeted pilot programs with evaluation
components to encourage innovation and experimentation with new
methodologies.
``(2) Priority.--The Administrator shall give priority in making
grants under this subsection to rural and urban areas that are
experiencinga high rate or rapid increases in abuse and addiction to
3,4-methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs.
``(d)(1) Prevention Program Allocation.--Not less than $500,000 of
the amount available in each fiscal year to carry out this section
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 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs and the development of
appropriate strategies for disseminating information about and
implementing these programs.
``(2) Report.--The Administrator shall submit an annual report
containing the results of the analyses and evaluations conducted under
paragraph (1) to--
``(A) the Committee on Health, Education, Labor, and
Pensions, the Committee on the Judiciary, and the Committee on
Appropriations of the Senate; and
``(B) the Committee on Commerce, the Committee on the
Judiciary, and the Committee on Appropriations of the House of
Representatives.
``(e) Authorization.--There is authorized to be appropriated to
carry out this subsection--
``(1) $5,000,000 for fiscal year 2001; and
``(2) such sums as may be necessary for each succeeding
fiscal year.''.
(b) National Youth Antidrug Media Campaign.--In conducting the
national media campaign under section 102 of the Drug-Free Media
Campaign Act of 1998 (21 U.S.C. 1801), the Director of the Office of
National Drug Control Policy shall ensure that such campaign addresses
the reduction and prevention of abuse of 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related drugs among
young people in the United States.
TITLE V--REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRATION OF EXPENSES
INCURRED TO REMEDIATE METHAMPHETAMINE LABORATORIES
SEC. 501. REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRATION OF EXPENSES
INCURRED TO REMEDIATE METHAMPHETAMINE LABORATORIES.
(a) Reimbursement Authorized.--The Attorney General, acting through
the Administrator of the Drug Enforcement Administration, may reimburse
States, units of local government, Indian tribal governments, other
public entities, and multi-jurisdictional or regional consortia thereof
for expenses incurred to clean up and safely dispose of substances
associated with clandestine methamphetamine laboratories which may
present a danger to public health or the environment.
(b) Additional DEA Personnel.--From amounts appropriated or
otherwise made available to carry out this section, the Attorney
General may hire not more than 5 additional Drug Enforcement
Administration personnel to administer this section.
(c) Funding.--
(1) Fiscal year 2000.--From the unobligated balances
available to the Department of Justice for fiscal year 2000 to
carry out part Q of the Omnibus Crime Control and Safe Streets
Act of 1968, known as the Community Oriented Policing Services
program (42 U.S.C. 3796dd et seq.), the Attorney General shall
make available $10,000,000 to be used only to carry out this
section.
(2) Fiscal year 2001.--There are authorized to be
appropriated to the Attorney General to carry out this section
$20,000,000 for fiscal year 2001.
TITLE VI--FEDERAL DRUG COURTS
SEC. 601. ESTABLISHMENT.
Notwithstanding any other provision of law, the court, upon the
conviction of an individual for a Federal offense which the court
determines is a nonviolent drug-related offense involving a simple
possession quantity of drugs, as defined in the Controlled Substances
Act, shall consider sentencing that individual to an appropriate
rehabilitation program established under this title.In such regard, the
court shall consider and use where appropriate--
(1) day fines;
(2) house arrest;
(3) electronic monitoring;
(4) intensive probation supervision;
(5) defense-based sentencing;
(6) day reporting centers;
(7) victim-offender reconciliation;
(8) shock incarceration; and
(9) substance abuse treatment in lieu of incarceration,
including treatment in a therapeutic community.
SEC. 602. REHABILITATION PROGRAM.
(a) In General.--The Bureau of Prisons (hereinafter in this title
referred to as the ``Bureau'') shall establish and maintain a
rehabilitation program. The program shall consist of--
(1) residential substance abuse treatment; and
(2) aftercare services.
(b) Definitions.--As used in this title--
(1) the term ``residential substance abuse treatment''
means a course of individual and group activities, lasting
between 9 and 12 months, in residential treatment facilities
(which the in case of prisoners are set apart from the general
prison population)--
(A) directed at the substance abuse problems of the
convicted person;
(B) intended to develop a person's cognitive,
behavioral, social, vocational, and other skills so as
to solve the convicted person's substance abuse and
related problems; and
(C) shall include--
(i) addiction education;
(ii) individual, group, and family
counseling pursuant to individualized treatment
plans;
(iii) opportunity for involvement in
Alcoholics Anonymous, Narcotics Anonymous, or
Cocaine Anonymous;
(iv) parenting skills training, domestic
violence counseling, and sexual abuse
counseling, where appropriate;
(v) HIV education counseling and testing,
when requested, and early intervention services
for seropositive individuals;
(vi) services that facilitate access to
health and social services, where appropriate
and to the extent available; and
(vii) planning for and counseling to assist
reentry into society, including referrals to
appropriate educational, vocational, and other
employment-related programs (to the extent
available), referrals, to appropriate
outpatient or other drug or alcohol treatment,
counseling, transitional housing, and
assistance in obtaining suitable affordable
housing and employment upon completion of
treatment (and release from prison, if
applicable);
(2) the term ``aftercare services'' means a course of
individual and group treatment for a minimum of one year
involving sustained and frequent interaction between the
program and with individuals who have successfully completed a
program of residential substance abuse treatment, and shall
include consistent personal interaction between the individual
and a primary counselor or case manager, participation in group
and individual counseling sessions, social activities targeted
toward a recovering substance abuser, and, where appropriate,
more intensive intervention; and
(3) the term ``substance abuse'' means the abuse of drugs
or alcohol.
(c) Preference for Community-Based Programs.--Residential substance
abuse treatment services shall be provided, to the greatest extent
possible, by community-based drug and alcohol treatment programs.
(d) Report.--The Bureau of Prisons shall transmit to the Congress
on January 1, 2002, and on January 1 of each year thereafter, a report.
Such report shall contain--
(1) a detailed quantitative and qualitative description of
each substance abuse treatment program, residential or not,
operated by the Bureau; and
(2) a complete statement of to what extent the Bureau has
achieved compliance with the requirements of this title.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums are are necessary
to carry out this title.
TITLE VII--STUDY OF THE EFFECT OF MANDATORY MINIMUM SENTENCES FOR
NONVIOLENT CONTROLLED SUBSTANCE OFFENSES
SEC. 701. FINDINGS.
The Congress finds that--
(1) there is substantial evidence that mandatory minimum
sentences disproportionately affect people of color and
especially African-Americans;
(2) the use of mandatory minimum sentences has torn apart
African-American families and taken a horrible toll on the
African-American community;
(3) from 1980 to 1992, the height of the so-called ``War on
Drugs,'' the rate of incarceration in prisons rose from 139 to
332 per 100,000 residents and 84 percent of the increase in
State prison admissions was for nonviolent offenders;
(4) if incarceration rates remain unchanged, Justice
Department data indicate that an estimated 1 in 20 of today's
children will serve time in prison during their lifetime;
(5) the rate of imprisonment for black men is 8.5 times
that of white men, a rate of 3,098 per 100,000, compared with a
white rate of 370;
(6) over the last 10 years, the black male rate of
incarceration increased at a rate of 10 times the rate of that
of white men;
(7) if the current rate of incarceration remains unchanged,
28.5 percent of black men will be confined at least once in
their lifetime, a figure 6 times that of white men;
(8) black women are incarcerated at a rate of 8 times that
of white women;
(9) while the proportion of black drug users has hovered at
15 percent, blacks constitute 36 percent of those arrested for
drug possession; and
(10) between 1990 and 1996, 82 percent of the increase in
black Federal inmates was due to drug offenses.
SEC. 702. DEPARTMENT OF JUSTICE STUDY.
The Attorney General shall within 1 year after the enactment of
this Act to the Committees on the Judiciary of the House of
Representatives and Senate issue a report on the racial impact of
mandatory minimum sentences for controlled substance offenses, their
effectiveness in reducing drug-related crime by nonviolent offenders in
contrast with other approaches such as drug treatment programs, and the
appropriateness of the use of such sentences on nonviolent offenders.
TITLE VIII--RULE OF CONSTRUCTION
SEC. 801. RULE OF CONSTRUCTION.
Notwithstanding any other provision of this Act, nothing in this
Act shall be construed to impose any new mandatory minimum sentences.
Amend the title so as to read:
A bill to provide for the punishment of methamphetamine
laboratory operators, provide additional resources to combat
methamphetamine production, trafficking, and abuse in the
United States, and for other purposes.
Purpose and Summary
The purpose of H.R. 2987, the Methamphetamine and Club Drug
Anti-Proliferation Act of 2000, is to prevent the proliferation
of methamphetamine and club drug manufacturing, trafficking,
use, and addiction in America. This legislation will provide
Federal, State, and local law enforcement officials with tools
and training to more adequately address the methamphetamine and
club drug epidemics in America today, and authorize
comprehensive prevention and treatment programs to combat abuse
and addiction as well.
The enactment of H.R. 2987 will provide needed funding to
the Drug Enforcement Administration (DEA) and Office of
National Drug Control Policy (ONDCP) to combat methamphetamine
manufacturing by providing assistance to State and local law
enforcement officials in small and mid-sized communities in all
phases of methamphetamine investigations, and establishing
additional DEA offices in rural areas. It will also provide for
training to State and local agencies in handling toxic waste
created by methamphetamine laboratories, and authorize funding
for the DEA to reimburse States and localities for expenses
incurred in connection with the clean up and safe disposal of
hazardous substances associated with clandestine
methamphetamine laboratories. H.R. 2987 provides for increased
penalties for offenses related to the production of
amphetamine, trafficking of precursor chemicals, manufacturing
drug offenses that create a substantial risk of harm to human
life or to the environment, and offenses relating to 3,4-
methylenedioxy methamphetamine (MDMA), commonly known as
``Ecstasy,'' gamma-hydroxybutyric acid (GHB), other enumerated
``club'' drugs, as well as other similar controlled substances.
This legislation also contains a number of provisions
authorizing effective and science-based methamphetamine and
club drug prevention and addiction treatment programs.
Background and Need for the Legislation
The manufacturing and use of methamphetamine has increased
dramatically over the past decade. First popularized by outlaw
biker gangs in the late 1970's, methamphetamine is now being
manufactured by criminals in makeshift laboratories across the
country for both sale and personal consumption. Methamphetamine
is a highly toxic and addictive stimulant that severely affects
the central nervous system, and is produced and sold illegally
in pill form, capsules, powder, and chunks. Commonly known on
the streets as ``meth,'' ``crank,'' ``crystal meth,'' ``ice,''
and ``speed,'' it can be smoked, injected, swallowed, or
snorted, and has a very high potential for abuse and
dependence. Methamphetamine use not only modifies behavior to
an acute state, but sustained use results in serious damage to
the brain. Use can result in death from heart failure, brain
damage, stroke, and fatal kidney and lung disorders. Its use
can induce uncontrollable violent behavior, and extreme, acute
psychiatric and psychological symptoms, including paranoia and
hallucinations that may eventually lead to suicide, violent
acts, or even murder.
The methamphetamine epidemic in America differs in kind
from the threat of other illegal drugs because methamphetamine
can be made from readily available and legal chemicals and
substances, and because it poses serious dangers to both human
life and to the environment. Additionally, these chemicals and
substances are utilized in a manufacturing process that is
unstable, volatile, and highly combustible. Even small amounts
of these chemicals, when mixed improperly, can cause explosions
and fires. For every one pound of methamphetamine that is
produced, approximately five pounds of toxic and often lethal
waste products may be left behind at the laboratory site, or
disposed of in rivers, kitchen sinks, or sewage systems in an
effort to conceal evidence of illegal manufacturing. More
disturbing is that most of these laboratories are situated in
residences, motels, trailers, and vans, and often times are
operated in the presence of children. Contributing to this
danger are countless Internet web sites devoted specifically to
providing detailed instructions for producing methamphetamine.
According to a report prepared by the National Institute on
Drug Abuse Community Epidemiology Work Group, because
methamphetamine is so easily produced in small, clandestine
laboratories and the precursor chemicals are readily available,
``abuse levels remain high . . . and there is strong evidence
to suggest this drug will continue to be a problem in West
Coast areas and to spread to other areas of the United
States.'' The threat of methamphetamine proliferation is real
and the numbers are telling. Over the past several years, the
number of DEA methamphetamine-related arrests has increased
substantially, from 1,893 arrests in FY 1993, to 8,712 in FY
1999. Last year, approximately 21 percent of all DEA arrests
were methamphetamine-related drug violations, surpassed only by
cocaine and marijuana. Accordingly, the number of
methamphetamine laboratories that have been seized has
increased dramatically this decade, from 218 in FY 1993 to
7,316 FY 1999.\1\ As a result, there have been millions of
dollars spent cleaning up the pollutants and toxins left behind
by lab operators. This extraordinary increase in arrests and
lab seizures underscores the need for additional, comprehensive
legislation addressing the methamphetamine crisis, specifically
its dangerous manufacturing process and costly clean-up.
---------------------------------------------------------------------------
\1\ Testimony of Donnie R. Marshall, Committee on the Judiciary,
``S. 1428, Combating Methamphetamine Proliferation in America'' (July
28, 1999).
---------------------------------------------------------------------------
Methamphetamine is both domestically produced and imported
into the United States in its processed form. Its users, found
in both rural and urban regions, cross socio-economic, age,
gender, and racial boundaries. According to the ``Monitoring
the Future'' survey, a national survey that measures the extent
of drug use among United States adolescents, methamphetamine
use among high school seniors more than doubled between 1990
and 1996, and the 1999 study indicates that 8.2% of seniors
have tried methamphetamine. Law enforcement officials have
documented teens as young as 14 and 15 year olds using and
selling the drug.
History of Related Legislation
In 1996, Congress passed the Comprehensive Methamphetamine
Control Act \2\, the first legislative effort specifically
directed at controlling the proliferation of methamphetamine in
America. This important, bipartisan measure targeted the
diversion of the most commonly used precursor chemicals and
imposed strict reporting requirements on the sales of those
chemicals. These measures have enabled the DEA, in a working
partnership with industry, to prevent the purchase and
importation of a significant quantity of precursor chemicals
for use in manufacturing methamphetamine. The 1996 legislation
also authorized the creation of an interagency task force to
develop and implement prevention and education strategies, and
requires persons who distribute, import, or export any List I
Chemical to register and obtain a permit annually to do so.
Notwithstanding the effectiveness of the 1996 act, laboratory
operators and drug traffickers continue to produce and traffic
significant quantities of methamphetamine. Clearly, additional
legislative initiatives are necessary.
---------------------------------------------------------------------------
\2\ P.L. 104-237; H.R. 3852, S. 1965.
---------------------------------------------------------------------------
Hearings
The committee's Subcommittee on Crime held 6 (six) field
hearings on methamphetamine production, trafficking, and use in
1999, in Arkansas, California, New Mexico, and Kansas.
Testimony was received from numerous witnesses, including
former methamphetamine addicts, family members of the victims
of methamphetamine related violence, law enforcement
professionals, and prevention and addiction treatment
professionals.
Committee Consideration
On July 26, 2000, the committee met in open session and
ordered favorably reported the bill H.R. 2987 with amendment by
a voice vote, a quorum being present.
Votes of the Committee
Mr. Hutchinson offered an amendment in the nature of a
substitute to H.R. 2987. By unanimous consent, Mr. Hutchinson
was given permission to modify the amendment in the nature of a
substitute to H.R. 2987.
Mr. Conyers offered an amendment to the amendment in the
nature of a substitute to H.R. 2987 to eliminate mandatory
minimum sentences for all nonviolent controlled substance
offenses. By a rollcall vote of 8 yeas to 18 nays, the
amendment was defeated.
ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................... .............. .............. ..............
Mr. McCollum.................................................... .............. .............. ..............
Mr. Gekas....................................................... .............. X ..............
Mr. Coble....................................................... .............. X ..............
Mr. Smith (TX).................................................. .............. X ..............
Mr. Gallegly.................................................... .............. X ..............
Mr. Canady...................................................... .............. X ..............
Mr. Goodlatte................................................... .............. X ..............
Mr. Chabot...................................................... .............. X ..............
Mr. Barr........................................................ .............. .............. ..............
Mr. Jenkins..................................................... .............. .............. ..............
Mr. Hutchinson.................................................. .............. X ..............
Mr. Pease....................................................... .............. .............. ..............
Mr. Cannon...................................................... .............. X ..............
Mr. Rogan....................................................... .............. X ..............
Mr. Graham...................................................... .............. X ..............
Ms. Bono........................................................ .............. .............. ..............
Mr. Bachus...................................................... .............. .............. ..............
Mr. Scarborough................................................. .............. X ..............
Mr. Vitter...................................................... .............. X ..............
Mr. Conyers..................................................... X .............. ..............
Mr. Frank....................................................... X .............. ..............
Mr. Berman...................................................... .............. .............. ..............
Mr. Boucher..................................................... .............. .............. ..............
Mr. Nadler...................................................... X .............. ..............
Mr. Scott....................................................... X .............. ..............
Mr. Watt........................................................ X .............. ..............
Ms. Lofgren..................................................... .............. X ..............
Ms. Jackson Lee................................................. X .............. ..............
Ms. Waters...................................................... X .............. ..............
Mr. Meehan...................................................... .............. X ..............
Mr. Delahunt.................................................... .............. .............. ..............
Mr. Wexler...................................................... .............. .............. ..............
Mr. Rothman..................................................... .............. X ..............
Ms. Baldwin..................................................... X .............. ..............
Mr. Weiner...................................................... .............. X ..............
Mr. Hyde, Chairman.............................................. .............. X ..............
-----------------------------------------------
Total....................................................... 8 18 ..............
----------------------------------------------------------------------------------------------------------------
Mr. Hutchinson offered an amendment to the amendment in the
nature of a substitute to H.R. 2987 to authorize the DEA to
reimburse States and localities for costs associated with the
cleanup of illegal methamphetamine labs.
Mr. Conyers offered an amendment to the amendment in the
nature of a substitute to H.R. 2987 to authorize rehabilitation
programs as a sentencing option in the case of nonviolent drug
related offenses. By unanimous consent, Chairman Hyde modified
the Conyers amendment to insert after ``drug-related offense'',
``involving a simple possession offense quantity of drugs as
defined in title 21 United States Code''. The Conyers
amendment, as modified, was agreed to by voice vote.
Mr. Conyers, on behalf of himself and Mr. Scott, offered an
amendment to the amendment in the nature of a substitute to
H.R. 2987 to require the Attorney General, within a year after
the bill is passed, to issue a report on the racial impact of
mandatory minimum sentences. The amendment was agreed to by
voice vote.
Mr. Scott, on behalf of himself and Ms. Jackson Lee,
offered an amendment to the amendment in the nature of a
substitute to H.R. 2987 to strike the provision in section 101
which directs the Sentencing Commission to increase the base
level for amphetamine drug offenses to those in effect for
methamphetamine related offenses and replace it with language
directing the Sentencing Commission to review the issue and
promulgate sentencing enhancements as needed. The Scott/Jackson
Lee amendment was defeated by voice vote.
Mr. Conyers offered an amendment to the amendment in the
nature of a substitute to H.R. 2987 stating ``That
notwithstanding any other provision in this act, nothing in
this act shall be construed to impose any new mandatory minimum
sentences.'' The Conyers amendment was agreed to by voice vote.
Ms. Baldwin, on behalf of herself and Mr. Barr, offered an
amendment to the amendment in the nature of a substitute H.R.
2987 to strike section 205 which would criminalize distributing
information relating to the manufacture of a controlled
substance with the intent or knowledge that the information be
used in furtherance of a Federal crime. By a rollcall vote of
15 yeas to 12 nays, the amendment was agreed to.
ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................... .............. .............. ..............
Mr. McCollum.................................................... .............. .............. ..............
Mr. Gekas....................................................... .............. X ..............
Mr. Coble....................................................... .............. .............. ..............
Mr. Smith (TX).................................................. .............. X ..............
Mr. Gallegly.................................................... .............. X ..............
Mr. Canady...................................................... .............. X ..............
Mr. Goodlatte................................................... X .............. ..............
Mr. Chabot...................................................... X .............. ..............
Mr. Barr........................................................ X .............. ..............
Mr. Jenkins..................................................... .............. .............. ..............
Mr. Hutchinson.................................................. .............. X ..............
Mr. Pease....................................................... .............. .............. ..............
Mr. Cannon...................................................... .............. X ..............
Mr. Rogan....................................................... .............. X ..............
Mr. Graham...................................................... X .............. ..............
Ms. Bono........................................................ .............. .............. ..............
Mr. Bachus...................................................... .............. .............. ..............
Mr. Scarborough................................................. X .............. ..............
Mr. Vitter...................................................... .............. X ..............
Mr. Conyers..................................................... X .............. ..............
Mr. Frank....................................................... X .............. ..............
Mr. Berman...................................................... .............. .............. ..............
Mr. Boucher..................................................... .............. .............. ..............
Mr. Nadler...................................................... X .............. ..............
Mr. Scott....................................................... X .............. ..............
Mr. Watt........................................................ X .............. ..............
Ms. Lofgren..................................................... .............. X ..............
Ms. Jackson Lee................................................. X .............. ..............
Ms. Waters...................................................... X .............. ..............
Mr. Meehan...................................................... X .............. ..............
Mr. Delahunt.................................................... X .............. ..............
Mr. Wexler...................................................... .............. .............. ..............
Mr. Rothman..................................................... .............. X ..............
Ms. Baldwin..................................................... X .............. ..............
Mr. Weiner...................................................... .............. X ..............
Mr. Hyde, Chairman.............................................. .............. X ..............
-----------------------------------------------
Total....................................................... 15 12 ..............
----------------------------------------------------------------------------------------------------------------
The Hutchinson amendment in the nature of a substitute, as
amended, was adopted by a voice vote.
The bill, as amended by the Hutchinson amendment in the
nature of a substitute, was ordered favorably reported to the
House by voice vote, a quorum being present.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the committee reports that the
findings and recommendations of the committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform Findings
No findings or recommendations of the Committee on
Government Reform were received as referred to in clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Committee Cost Estimate
In compliance with clause 3(d)(2) of rule XIII of the Rules
of the House of Representatives, the committee believes that
enacting HR 2987 would cost about $400 million over the fiscal
years 2001 to 2005, assuming appropriation of the necessary
amounts. In addition, the bill would increase direct spending
by roughly $30 million over the 2001-2005 period.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in Article I, section 8 of the Constitution.
Section-by-Section Analysis and Discussion
Section 1. Short Title.
Section 1 states the short title of H.R. 2987 as the
``Methamphetamine and Club Drug Anti-Proliferation Act of
2000.''
Title I--Methamphetamine Production, Trafficking, and Abuse
Subtitle A--Criminal Penalties
Section 101. Enhanced Punishment of Amphetamine Laboratory Operators.
Section 101 directs the United States Sentencing Commission
to review and amend the Federal sentencing guidelines with
respect to offenses related to the manufacture, importation,
exportation, or trafficking of amphetamine such that those
penalties are comparable to the base offense level for
methamphetamine related offenses. This section grants emergency
authority to the Sentencing Commission and directs it to
promulgate amendments pursuant to this section as soon as
practicable after the date of the enactment of this act.
The committee notes that Federal prosecutors, the Drug
Enforcement Administration and the Department of Justice
support increasing the penalties for amphetamine related
offenses. The committee is advised that there is no significant
difference in potency between amphetamine and methamphetamine,
both of which are Schedule II controlled substances. Both drugs
provide the same stimulating, hallucinogenic effects, are
highly addictive, and require virtually identical manufacturing
processes involving volatile and toxic chemicals that are
highly combustible when combined. Indeed, while manufacturing
either amphetamine or methamphetamine poses the same risks to
human life and the environment, because the penalties for
manufacturing amphetamine are inadequate, some criminals
exclusively manufacture and distribute amphetamine. It is the
view of the committee that establishing comparable penalties
for amphetamine and methamphetamine related offenses may deter
manufacture, trafficking, and use of either.
Section 102. Enhanced Punishment of Amphetamine or Methamphetamine
Laboratory Operators.
Section 102 directs the Sentencing Commission to amend the
Federal sentencing guidelines by increasing the offense level
for manufacturing amphetamine or methamphetamine if the offense
created a substantial risk of harm to human life or the
environment, or if the offense created a substantial risk of
harm to the life of a minor or incompetent.
The committee notes the grave danger amphetamine and
methamphetamine manufacturing poses to human life and the
environment. Law enforcement officials cite frequent discovery
of children living and playing among toxic and volatile
chemicals in home-based amphetamine and methamphetamine
laboratories. Federal, State and local law enforcement spend
significant amounts of taxpayer dollars cleaning up toxic waste
left behind by amphetamine and methamphetamine laboratories.
Increasing the offense levels is necessary given the threat and
harm inflicted on communities by amphetamine and
methamphetamine manufacturers.
Section 103. Mandatory Restitution for Violation of Controlled
Substances Act and Controlled Substances Import and Export Act
Relating to Amphetamine and Methamphetamine.
Section 103 amends the Controlled Substances Act to make
reimbursement mandatory for the costs incurred by the United
States, or State and local governments, for the cleanup
associated with the manufacture of amphetamine or
methamphetamine. Current law provides courts the authority to
order restitution when sentencing a defendant convicted of an
offense involving the manufacture of methamphetamine.
Considering the destruction to property and the environment
that manufacturing amphetamine and methamphetamine causes, and
how expensive it has become to cleanup the wastes produced
during the manufacturing process, it is the view of the
committee that restitution should be mandatory.
The section also provides that any restitution or property
collected by the United States pursuant to a reimbursement
order will go to the Department of Justice Asset Forfeiture
Fund (hereinafter ``Asset Forfeiture Fund'') instead of the
Treasury. Resources from the Asset Forfeiture Fund have been
used to cleanup and restore property that has been forfeited to
the government for the purpose of selling that property.
Section 104. Methamphetamine Paraphernalia.
Section 104 amends the Controlled Substances Act to
expressly include paraphernalia used in connection with
methamphetamine production as drug paraphernalia.
Subtitle B--Enhanced Law Enforcement
Section 111. Environmental Hazards Associated with Illegal Manufacture
of Amphetamine and Methamphetamine.
Section 111 authorizes the allocation of resources from the
Asset Forfeiture Fund for use in paying clean-up costs incurred
by, or on behalf of, the Department of Justice in connection
with the removal of any hazardous substance or pollutant or
contaminant associated with the illegal manufacture of
amphetamine or methamphetamine for the purposes of Federal
forfeiture and disposition. The section also authorizes
reimbursement to State and local entities for clean-up costs
when they assist in a Federal prosecution on amphetamine or
methamphetamine related charges, to the extent such costs
exceed equitable sharing payments made to the State or local
government in such case.
Section 112. Reduction in Retail Sales Transaction Threshold for Non-
safe Harbor Products Containing Pseudoephedrine or
Phenylpropanolamine.
Section 112 amends the Controlled Substance Act to reduce
the retail sales transaction threshold from 24 grams to 9 grams
for certain products containing pseudoephedrine or
phenylpropanolamine, and requires that they be sold in package
sizes of not more than 3 grams of pseudoephedrine or
phenylpropanolamine base.
The committee notes that, according to the DEA, at least
80-90% of the methamphetamine in this country is produced in
``superlabs'', located mainly in California. These laboratories
are operated and supplied by Mexican drug trafficking
organizations who exploit existing, well-established
transportation networks on both sides of the border. These
organizations are also able to illegally secure and ship
precursor chemicals. The remaining 10-20% of methamphetamine
used domestically is produced in the many smaller laboratories
that have become a significant problem for State and local law
enforcement. While these laboratories produce relatively small
amounts of methamphetamine, they represent the vast majority of
operating methamphetamine laboratories in this country.
Several law enforcement officials have testified before the
Judiciary Subcommittee on Crime that Federal and State controls
on precursor chemicals (such as ephedrine, pseudoephedrine, and
phenylpropanolamine) are having a positive impact on the purity
of methamphetamine produced. It is clear that trafficking
organizations deal also in precursor chemicals and that the
illegal procurement and distribution of these chemicals is
quite lucrative.
Nonetheless, the DEA has expressed great concern about the
diversion of 100-count bottles of ephedrine or pseudoephedrine
tablets to clandestine meth labs. Therefore, this section would
reduce the registration, record keeping, and reporting
threshold from 24 to 9 grams, and require that contain no more
than 3 grams of the base ingredient. From a practical
standpoint, this reduces the transaction threshold for 100-
count bottles from 8 to 3 bottles. It is the view of the
committee that all transactions involving single packages
larger than 3 grams should trigger DEA registration and record
keeping requirements.
Section 113. Training for Drug Enforcement Administration and State and
Local Law Enforcement Personnel Relating to Clandestine
Laboratories.
Section 113 authorizes $5.5 million for each fiscal year
2001 through 2003 for DEA training programs designed to: 1)
train State and local law enforcement in techniques used in
meth investigations; 2) provide a certification program for
State and local law enforcement enabling them to meet
requirements with respect to the handling of wastes created by
meth labs; 3) create a certification program that enables
certain State and local law enforcement to recertify other law
enforcement in their regions; and, 4) staff mobile training
teams which provide State and local law enforcement with
advanced training in conducting clan lab investigations and
with training that enables them to recertify other law
enforcement personnel. The training programs are authorized for
3 years, after which the States, either alone or in
consultation or combination with other States, will be
responsible for training their own personnel.
Section 114. Combating Methamphetamine and Amphetamine in High
Intensity Drug Trafficking Areas.
Section 114 authorizes $15 million for FY 2001, and
necessary sums thereafter through 2004, for the Office of
National Drug Control Policy (ONDCP) by hiring new Federal,
State, and local law enforcement personnel in designated High
Intensity Drug Trafficking Areas (HIDTA), including agents,
investigators, prosecutors, lab technicians and chemists. It
provides that the funds shall be apportioned among the HIDTA's
based on the following factors: 1) the number of
methamphetamine laboratories discovered in the previous year;
2) the number of methamphetamine prosecutions in the previous
year; 3) the number of methamphetamine arrests in the previous
year; 4) the amounts of methamphetamine seized in the previous
year; and 5) intelligence and predictive data from the DEA and
Health and Human Services (HHS) showing patterns and trends in
abuse, trafficking and transportation patterns in
methamphetamine, amphetamine and listed chemicals. Before
apportioning any funds, the Director must certify that the law
enforcement entities responsible for clandestine laboratory
seizures are providing laboratory seizure data to the national
clandestine laboratory database at the El Paso Intelligence
Center. It also provides that not more than 5 percent of the
appropriated amount may be used for administrative costs.
Section 115. Combating Amphetamine and Methamphetamine Manufacturing
and Trafficking.
Subsection 115(a) authorizes the Administrator of the DEA
to hire new agents to 1) assist State and local law enforcement
in small and mid-sized communities in all phases of drug
investigations, including assistance with foreign-language
interpretation; 2) staff additional regional enforcement and
mobile enforcement teams; 3) establish additional resident
offices and posts of duty to assist State and local law
enforcement in rural areas; 4) provide the Special Operations
Division with additional agents for intelligence and
investigative operations; 5) enhance the investigative and
related functions of the Chemical Control Program to more fully
implement the provisions of the Comprehensive Methamphetamine
Control Act of 1996; 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 to receive, process, analyze, and redistribute
time-sensitive enforcement information from suspicious order
reporting to DEA field offices and other law enforcement and
regulatory agencies, including the continuing development of
the Suspicious Order Reporting and Tracking System and the
Chemical Transaction Database 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.
Subsection 115(b)(1) authorizes the Administrator to
establish not more than 50 full-time positions, including not
more than 31 special-agent positions, and may appoint personnel
to such positions. Subsection 115(b)(2) further authorizes the
Administrator, in carrying out activities (5) through (8) of
Subsection 115(a), to establish not more than 15 full-time
positions, including not more than 10 diversion investigator
positions, and to appoint personnel to such positions. These
positions will be in addition to other positions authorized
under this subsection.
Subsection 115(c) authorizes $9.5 million for each fiscal
year after FY 2000 for purposes of carrying out the activities
authorized by subsection (a) and employing personnel in
positions established under subsection (b), of which $3 million
shall be available for activities (5) through (8) of Subsection
115(a) and for employing personnel in positions authorized in
subsection 115(b)(2).
Subtitle C--Abuse Prevention and Treatment
Section 121. Expansion of Methamphetamine Research.
Section 121 amends the Public Health Service Act to
authorize necessary sums in each fiscal year for the Director
of the National Institute on Drug Abuse (NIDA) to make grants
and enter into cooperative agreements to expand 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. Funds made available under this section may be
used only for certain enumerated research criteria. This
section further requires NIDA to promptly disseminate research
results to Federal, State, and local entities involved in
combating methamphetamine abuse and addiction.
Section 122. Methamphetamine and Amphetamine Treatment Initiative by
Center for Substance Abuse Treatment.
Section 122 amends the Public Health Service Act to
authorize $10 million for FY 2001 and necessary sums thereafter
through FY 2003 for the Director of the Center for Substance
Abuse Treatment to make grants to substance abuse directors of
States and Indian tribes that have a high rate, have had a
rapid increase, in methamphetamine or amphetamine abuse or
addiction in order to permit them to expand activities in
connection with the treatment of that abuse and addiction in
those geographical areas. Grant activities shall be based on
reliable scientific evidence of their efficacy in the treatment
of methamphetamine and amphetamine abuse or addiction. Further,
the Director shall: 1) ensure that grants are distributed
equitably among the various regions of the country, and among
rural, urban, and suburban areas that are affected by this
abuse and addiction; 2) evaluate the activities supported by
grants; 3) disseminate widely such significant information
derived from the evaluation to assist States, Indian tribes,
and private providers of treatment services; and, 4) provide
States, Indian tribes, and such providers with technical
assistance in connection with the provision of such treatment.
Of the funds appropriated to carry out this section in any
fiscal year, only the lesser of 5 percent of such funds or $1
million shall be available to the Director its administration.
Section 123. Expansion of Methamphetamine Abuse Prevention Efforts.
Section 123 amends the Public Health Service Act to
authorize $15 million in FY 2001 and necessary sums thereafter
to authorize the Administrator of the Substance Abuse and
Mental Health Services Administration (SAMSHA) to make grants
to public and nonprofit private entities to carry out school-
based and community programs concerning methamphetamine and
other illicit drugs that are effective and science-based and
consistent with certain enumerated research and clinical
criteria. The Administrator shall give priority in making
grants to rural and urban areas that are experiencing a high
rate or rapid increase in methamphetamine abuse. The amounts
awarded may be used to carry out various programs that focus on
populations that are most at-risk for abuse of or addiction to
methamphetamine and other illicit drugs.
The committee recognizes that prevention programs, along
with effective law enforcement efforts and appropriate criminal
penalties, are necessary to battle the manufacturing of
methamphetamine in this country. It is the view of the
committee that, in awarding grants under this section, SAMHSA
should give priority to rural and urban areas that are
experiencing a high rate or rapid increase in methamphetamine
abuse and/or addiction.
Section 124. Study of Methamphetamine Treatment.
Section 124 directs the Secretary of HHS, in consultation
with the Institute of Medicine of the National Academy of
Sciences, to conduct a study on the development of medications
to treat addiction to amphetamine and methamphetamine and to
report the findings to Congress within 9 months after enactment
of this act.
Subtitle D--Reports
Section 131. Reports on Consumption of Methamphetamine and Other
Illicit Drugs in Rural Areas, Metropolitan Areas, and
Consolidated Metropolitan Areas.
Section 131 requires the Secretary of Health and Human
Services to include in each National Household Survey on Drug
Abuse appropriate prevalence data and information on the
consumption of methamphetamine and other illicit drugs in rural
areas, metropolitan areas, and consolidated metropolitan areas.
Section 132. Report on Diversion of Ordinary, Over-the-counter
Pseudoephedrine and Phenylpropanolamine Products.
Subsection 132(a) of the bill requires the Attorney General
to conduct a report on the diversion and use of ordinary, over-
the-counter pseudoephedrine and phenylpropanolamine products
(via safe harbor packaging) in the clandestine production of
illegal drugs, consistent with data supplied from certain
enumerated sources.
Subsection 132(b) requires, within 1 year from the date of
enactment of this act, the Attorney General to report to
Congress the findings as a result of the study, and any
recommendations on the need to establish additional measures to
prevent diversion of ordinary, over-the-counter pseudoepedrine
and phenylpropanolamine as appropriate.
Subsection 132(c) requires, notwithstanding the
Comprehensive Methamphetamine Control Act of 1996, the Attorney
General to establish by regulation, after notice, comment, and
opportunity for a hearing, a single-transaction limit of not
less than a 24 gram threshold on (``safe harbor'' packaging of)
pseudoephedrine or phenylpropanolamine for retail distributors,
if the Attorney General finds, in the report under subsection
132(b) there is report finds that there is a significant number
of instances where safe harbor or ``blister'' packages
purchased at retail were widely used in the clandestine
production of illegal drugs; and 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.
It is the view of the committee that the purpose of the
study is to determine what amount of ordinary over-the-counter
pseudoephedrine and phenylpropanolamine products used in
clandestine meth labs are actually purchased at retail. If most
ordinary over-the-counter drug products used in meth labs are
obtained through theft, smuggling, or sold ``through the back
door,'' additional restrictions on the retail sale of ordinary
over-the-counter drug products will have little or no impact on
clandestine meth production. For that reason, the committee is
directing that the study make a clear distinction between those
over-the-counter drug products found in clandestine drug
laboratories that are obtained through legal purchases from
traditional retail outlets through face-to-face transactions,
and those obtained illicitly.
Title II--Controlled Substances Generally
Subtitle A--Criminal Matters
Section 201. Enhanced Punishment for Trafficking in List I Chemicals.
Section 201 directs the United States Sentencing Commission
to amend Federal sentencing guidelines, as soon as practicable
after enactment, with respect to violations of certain
provisions of the Controlled Substances Act and Controlled
Substance Import and Export Act involving list I chemicals. In
carrying out this section, the Commission shall review and
amend its guidelines to provide for increased penalties for
offenses involving ephedrine, phenylpropanolamine, or
pseudophedrine such that those penalties correspond to the
quantity of controlled substance that could reasonably have
been manufactured using the quantity of those chemicals
distributed. The Commission is further directed to establish a
table of conversion ratios based on scientific, law
enforcement, and other appropriate data for determining the
quantity of controlled substances that could reasonably be made
from those list I chemicals. In carrying out this section, the
Commission shall, with respect to each offense 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 certain extreme
dangers associated with unlawful activity involving
methamphetamine and amphetamine.
Section 202. Mail Order Requirements.
Section 202 amends the Controlled Substances Act to chance
reporting requirements for registered persons who engage in a
transaction with a person involving ephedrine, pseudoephedrine,
or phenylpropanolamine to submit monthly reports to the
Attorney General documenting each transaction. While certain
reported information assists the DEA in monitoring the
diversion of listed chemicals, some reported information has
proven to be both unuseful to the DEA and burdensome to
industry.
The reporting requirements exempted in this section
represent requirements that both the DEA and industry have
determined to have little value in monitoring diversion.
Reporting will no longer be required for valid prescriptions,
limited distributions of sample packages, distributions by
retail distributors if consistent with authorized activities,
distributions to long-term care facilities, and any product
that has been exempted by the Attorney General. This section
also allows the Attorney General to revoke this exemption upon
a finding that the drug product being distributed is used in
violation of the Controlled Substances Act.
Section 204. Theft and Transportation of Anhydrous Ammonia for Purposes
of Illicit Production of Controlled Substances.
Section 204 amends the Controlled Substances Act to make it
unlawful for a person to steal anhydrous ammonia, or 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. Anhydrous ammonia is legitimately used by farmers to
make fertilizer; however, unfortunately it is also used by drug
manufacturers to produce methamphetamine. The committee has
heard from members of farming communities about the widespread
theft of anhydrous ammonia by criminals, and it is the view of
the committee that this is a serious problem.
This section also requires the Administrator of the DEA to
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 its usefulness as an
ingredient in the production of methamphetamine. This provision
authorizes $500,000 to the DEA for FY 2001 for this purpose and
allows that same amount to be spent in the agreement with the
University.
Subtitle B--Other Matters
Section 211. Waiver Authority for Physicians Who Dispense or Prescribe
Certain Narcotic Drugs for Maintenance Treatment or
Detoxification Treatment.
Section 211 amends the Controlled Substances Act with
respect to registration requirements for practitioners who
dispense narcotic drugs in schedule IV or V for maintenance
treatment or detoxification treatment. It frees qualified
physicians to treat their addicted patients using schedule IV
or V drugs, promises to speed the further development and
approval of schedule IV and V narcotic drugs suitable for
addiction treatment purposes, and offers the prospect of
medical treatment for the many Americans for whom other
treatment programs are out of reach.
Under existing law, physicians must register with the Drug
Enforcement Administration (DEA) in order to dispense
controlled substances. If physicians wish to dispense narcotic
controlled substances for maintenance and detoxification
treatment, the physicians must have the additional prior
approval of the DEA, as well as the endorsement of State and
local regulatory authorities, and the drugs used in treatment
must have been approved by the Food and Drug Administration
(FDA). This section waives the additional approval process for
qualified physicians who comply with the waiver procedure. For
3 years following enactment, it supersedes any conflicting
State or local law or regulation.
The waiver procedure only extends to physicians registered
to dispense controlled substances and qualified by training or
experience to treat opiate-dependent patients. Physicians
activate the waiver mechanism by notifying the Secretary of
Health and Human Services (the Secretary) in writing of their
intention to begin treatments and documenting their
qualifications. The waiver is available for treatment involving
schedule IV or V controlled substances, alone or in
combination, and unless the number is adjusted by the
Secretary, for the treatment of no more than 40 patients at any
one time.
This provision relies on several safeguards against abuse
of the waiver procedure. The Secretary may deny access to the
waiver mechanism in the case of treatments using a particular
drug or combination of drugs should the Secretary determine
that the drug or drugs warrant either more demanding physician
qualification standards or more narrowly defined restrictions
on the quantities that may be dispensed for unsupervised use.
Physicians risk the loss of their registration to dispense
controlled substances, and in serious cases criminal
prosecution, if they dispense schedule IV or V controlled
substances absent either the existing approval procedure or the
bill's mechanism waiving the requirements of that procedure.
Finally, within 3 years following enactment, the Secretary
and the Attorney General may end availability of the waiver.
The Secretary's decision may turn upon determinations whether
(1) the treatments provided under the waiver mechanism have
been effective forms of clinical treatment; (2) the waivers
have increased the availability of treatment; or (3) the
treatments have had adverse public health consequences. The
Attorney General's decision may likewise be grounded upon (1)
the waiver mechanism's adverse public health consequences; (2)
the extent to which the numerical limitations on patients under
treatment have been breached; or (3) the extent to which the
waiver mechanism has contributed to an increase in violations
of the Controlled Substances Act that involve schedule IV or V
drugs.
Nothing in this section is intended to affect the long-
standing authority of the Attorney General to enforce the
standard that a controlled substance is legally dispensed by a
practitioner only when it is dispensed for a legitimate medical
purpose by the practitioner acting in the usual course of his/
her professional practice. Nor is it intended to affect the
authority of the Secretary of Health and Human Services under
42 U.S.C. Sec. 257(a), after consultation with the Attorney
General, to determine appropriate methods of professional
practice in the medical treatment of narcotic addiction. See,
U.S. v. Moore, 423 U.S. 122 (1975). The standard applies to the
dispensing of all controlled substances, including dispensing
in the course of maintenance or detoxification of an
individual.
Title III--Miscellaneous
Section 301. Antidrug Messages on Federal Government Internet Websites.
Section 301 requires all Federal departments and agencies,
in consultation with ONDCP, to place anti-drug messages on
their Internet websites as well as an electronic hyperlink to
the ONDCP website.
Section 302. Severability.
Section 302 provides that any provision of this act held to
be invalid or unenforceable 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 the act.
Title IV--Club Drug Anti-Proliferation
Section 401. Enhanced Punishment of Club Drug Traffickers.
Section 401 directs the United States Sentencing Commission
to amend the Federal sentencing guidelines regarding any
offense relating to the manufacture, importation, or
exportation of, or trafficking in, MDMA (aka ``Ecstasy''), PMA,
or any other ``club drug'' as determined by the Sentencing
Commission in consultation with the Attorney General, so that
the penalties are comparable to the base offense levels for
offenses involving any methamphetamine mixture.
Under current sentencing guidelines, Ecstasy possession and
smuggling is sentenced less severely even than amphetamine. In
fact, in some areas of the country the minimum threshold for
Federal prosecution for trafficking of Ecstasy is 10,000 pills.
Even if a drug trafficker is convicted of an offense related to
the possession of 1000 pills, he/she may only receive 1 year in
prison, only 6 years for 50,000 pills, and only 10 years for
200,000 pills. 200,000 pills has an approximate street value of
$10 million.
This section directs the Sentencing Commission to amend
Federal sentencing guidelines in light of the increasing use of
Ecstasy and knowledge of its effects. The Commission shall
review and amend the Federal sentencing guidelines, making them
comparable to the base offense levels for offenses involving
any methamphetamine mixture. Under these new guidelines, 50
grams of MDMA, almost 200 pills, would lead approximately to a
5-year prison sentence. The committee notes that the section
does not specify a mandatory minimum, instead it leaves the
actual sentencing derivation up to the sentencing commission.
Section 402. Enhanced Punishment of GHB Traffickers.
Section 402 directs the US Sentencing Commission to amend
the Federal sentencing guidelines with respect to any offense
relating to the manufacture, importation, exportation, or
trafficking in gamma-hydroxybutyric acid and its salts (GHB),
or the list I chemical gamma-butyrolactone (GBL), so that the
penalties reflect the seriousness of these offenses and the
need to deter them, as well as so that the guidelines provide
that offenses involving a significant quantity of Schedule I
and II depressants are subject to greater terms of imprisonment
than currently provided by the guidelines, consistent with
applicable statutory maximum penalties.
Section 403. Emergency Authority to Sentencing Commission.
The Commission shall promulgate the amendments
corresponding to sections 401 and 402 as soon as practicable
after date of enactment.
Section 404. Expansion of Club Drug Abuse Prevention Efforts.
Section 404 amends the Public Health Service Act to
authorize $5 million (for FY 01, and such sums as necessary
beyond that) to Administrator of the Substance Abuse and Mental
Health Services Administration (SAMSHA) for grants to public
and nonprofit private entities to carry out school and
community-based programs concerning the dangers of addiction to
Ecstasy, PMA, or related drugs. The Administrator is to give
priority for grants to areas experiencing a high rate of abuse
and addiction. This section also directs the Director of ONDCP
to ensure that the Drug-Free Media Campaign addresses Ecstasy
and club drug abuse.
Title V--Reimbursement by Drug Enforcement Administration of Expenses
Incurred to Remediate Methamphetamine Laboratories
Section 501. Reimbursement by Drug Enforcement Administration of
Expenses Incurred to Remediate Methamphetamine Laboratories.
Section 501 authorizes $10 million for the remainder of FY
2000, and $20 million for FY 2001, to the DEA for the purpose
of reimbursing States, localities, Indian tribes, and other
public entities for expenses related to cleaning up clandestine
methamphetamine laboratories. While this function has been
funded in the past, it has never been authorized.
Remediation of a methamphetamine laboratory is extremely
expensive, often running into the tens of thousands of dollars.
Local governments and law enforcement agencies, especially
those in rural areas, cannot afford these escalating costs.
This provision will allow the DEA to use funds to assist with
this effort. Further, the section authorizes DEA to hire five
additional personnel in their hazardous waste disposal unit to
meet the increasing demands of meth lab processing and
disposal.
With respect to the authorization of funds for FY 2000,
this section makes $10 million in unobligated funds in the COPS
program available to assist State and local law enforcement
agencies with the costs of cleaning up clandestine
methamphetamine laboratories. Funds were made available for
this purpose in fiscal years 1998 and 1999, however, funds made
available in FY 2000 were designated for 15 specific
recipients, leaving inadequate funding for other States and
localities across the country. The Drug Enforcement
Administration used residual FY 1998 and 1999 funds to assist
with clean-up during this current fiscal year, however, those
funds have been exhausted. The amendment provides funding for
the program through the end of the current fiscal year.
With respect to the authorization of funds for FY 2001, the
amendment authorizes $20 million for cleanup costs. This
funding level is consistent with the funding provided in the
House-passed Commerce, Justice, State and Judiciary
Appropriations Act for FY 2001.
Title VI--Federal Drug Courts
Section 601. Establishment.
Section 601 authorizes Federal courts to consider
sentencing individuals convicted of a Federal non-violent drug-
related offense involving a simple possession quantity of drugs
to an appropriate rehabilitation program established under this
section.
Section 602. Rehabilitation Program.
Section 602 requires the Federal Bureau of Prisons to
establish and maintain a rehabilitation program consisting of
residential substance abuse treatment and after care. The
Committee notes that current law (18 U.S.C. Sec. 3621(e))
requires the BOP to offer substance abuse treatment programs to
all person incarcerated in the custody of the BOP. Among the
several programs offered to inmates is a nine month residential
drug abuse treatment program (RDAP) offered to inmates who are
found to be drug dependant. While inmates sentenced to short
periods of incarceration would be unable to complete such a
program prior to their release, other, shorter substance abuse
awareness programs are offered in which they may participate.
The RDAP program includes most, if not all, of the elements
described in section 602. Other elements of a program, as
required by this section, are also offered by the BOP to all
inmates, but not always as part of the RDAP program. The
Committee believes that should the BOP continue to offer
participation in the RDAP program, and continue to offer these
other rehabilitative programs, it will satisfy the requirements
of this section of the bill. Accordingly, this section should
not be constructed to require the BOP to create another drug
treatment program to comply with this section of the bill.
Also, Committee notes that the BOP offers participation in this
program only to inmates whom the BOP has determined are drug
dependant. The Committee agrees with this policy. Nothing in
section 602 should be construed as requiring this program to be
offered to all inmates irrespective of need, or as removing the
authority of the BOP to determine which inmates in its custody
may participate in this program.
Section 603. Authorization of Appropriations.
Section 603 authorizes such sums as are necessary to carry
out this title.
Title VII--Study of the Effect of Mandatory Minimum Sentences for
Nonviolent Controlled Substance Offenses
Section 701. Findings.
Section 701 sets forth a number of findings concerning
mandatory minimum sentences. The committee notes, however, that
there are no mandatory minimum sentences in H.R. 2987.
Section 702. Department of Justice Study.
Section 702 requires the Attorney General to issues a
report to the House and Senate Judiciary Committees, within 1
year of the enactment of this act, on the impact of mandatory
minimum sentences and their effectiveness.
Title VIII--Rule of Construction
Section 801. Rule of Construction.
Section 801 provides that nothing in this act shall be
construed to impose any new mandatory minimum sentences.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
CONTROLLED SUBSTANCES ACT
table of contents
title ii--control and enforcement
Part A--Short Title; Findings and Declaration; Definitions
Sec. 100. Short title.
* * * * * * *
Part D--Offenses and Penalties
Sec. 401. Prohibited acts A--penalties.
* * * * * * *
Sec. 422. Drug paraphernalia.
Sec. 423. Anhydrous ammonia.
* * * * * * *
TITLE II--CONTROL AND ENFORCEMENT
Part A--Short Title; Findings and Declaration; Definitions
* * * * * * *
definitions
Sec. 102. As used in this title:
(1) * * *
* * * * * * *
(39) The term ``regulated transaction'' means--
(A) a distribution, receipt, sale, importation, or
exportation of, or an international transaction
involving shipment of, a listed chemical, or if the
Attorney General establishes a threshold amount for a
specific listed chemical, a threshold amount, including
a cumulative threshold amount for multiple transactions
(as determined by the Attorney General, in consultation
with the chemical industry and taking into
consideration the quantities normally used for lawful
purposes), of a listed chemical, except that such term
does not include--
(i) * * *
* * * * * * *
(iv) any transaction in a listed chemical
that is contained in a drug that may be
marketed or distributed lawfully in the United
States under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) unless--
(I) * * *
(II) the quantity of ephedrine,
pseudoephedrine, phenylpropanolamine,
or other listed chemical contained in
the drug included in the transaction or
multiple transactions equals or exceeds
the threshold established for that
chemical by the Attorney General,
except that the threshold for any sale
of products containing pseudoephedrine
or phenylpropanolamine products by
retail distributors or by distributors
required to submit reports by section
310(b)(3) of this title shall be [24] 9
grams of pseudoephedrine or [24] 9
grams of phenylpropanolamine in a
single transaction and sold in package
sizes of not more than 3 grams of
pseudoephedrine base or 3 grams of
phenylpropanolamine base; or
Part C--Registration of Manufacturers, Distributors, and Dispensers of
Controlled Substances; Piperidine Reporting
registration requirements
Sec. 303. (a) * * *
* * * * * * *
[(g) Practitioners who dispense] (g)(1) Except as provided
in paragraph (2), practitioners who dispense or prescribe
narcotic drugs to individuals for maintenance treatment or
detoxification treatment shall obtain annually a separate
registration for that purpose. The Attorney General shall
register an applicant to dispense narcotic drugs to individuals
for maintenance treatment or detoxification treatment (or
both)--
[(1)] (A) if the applicant is a practitioner who is
determined by the Secretary to be qualified (under
standards established by the Secretary) to engage in
the treatment with respect to which registration is
sought;
[(2)] (B) if the Attorney General determines that
the applicant will comply with standards established by
the Attorney General respecting [(A) security] (i)
security of stocks of narcotic drugs for such
treatment, and [(B) the maintenance] (ii) the
maintenance of records (in accordance with section 307)
on such drugs; and
[(3)] (C) if the Secretary determines that the
applicant will comply with standards established by the
Secretary (after consultation with the Attorney
General) respecting the quantities of narcotic drugs
which may be provided for unsupervised use by
individuals in such treatment.
(2)(A) Subject to subparagraph (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 initially 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 30, 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 30, 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 and Club
Drug Anti-Proliferation Act of 2000.
(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
patients, 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 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 and Club Drug Anti-
Proliferation Act of 2000, 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 and Club Drug Anti-Proliferation Act of 2000,
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 and Club Drug Anti-
Proliferation Act of 2000, 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.
* * * * * * *
denial, revocation, or suspension of registration
Sec. 304. (a) A registration pursuant to section 303 to
manufacture, distribute, or dispense a controlled substance or
a list I chemical may be suspended or revoked by the Attorney
General upon a finding that the registrant--
(1) * * *
* * * * * * *
A registration pursuant to section [303(g)] 303(g)(1) to
dispense a narcotic drug for maintenance treatment or
detoxification treatment may be suspended or revoked by the
Attorney General upon a finding that the registrant has failed
to comply with any standard referred to in section [303(g)]
303(g)(1).
* * * * * * *
(d) The Attorney General may, in his discretion, suspend
any registration simultaneously with the institution of
proceedings under this section, in cases where he finds that
there is an imminent danger to the public health or safety. A
failure to comply with a standard referred to in section
[303(g)] 303(g)(1) may be treated under this subsection as
grounds for immediate suspension of a registration granted
under such section. A suspension under this subsection shall
continue in effect until the conclusion of such proceedings,
including judicial review thereof, unless sooner withdrawn by
the Attorney General or dissolved by a court of competent
jurisdiction.
* * * * * * *
regulation of listed chemicals and certain machines
Sec. 310. (a) * * *
(b)(1) * * *
* * * * * * *
(3) Mail order reporting.--(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.
[(A)] (B) Each regulated person who engages in a
transaction with a nonregulated person or who engages
in an export transaction which--
(i) involves ephedrine, pseudoephedrine, or
phenylpropanolamine (including drug products
containing these chemicals); and
(ii) uses or attempts to use the Postal
Service or any private or commercial carrier;
shall, on a monthly basis, submit a report of each such
transaction conducted during the previous month to the
Attorney General in such form, containing such data,
and at such times as the Attorney General shall
establish by regulation.
[(B)] (C) The data required for such reports shall
include--
(i) the name of the purchaser;
(ii) the quantity and form of the
ephedrine, pseudoephedrine, or
phenylpropanolamine purchased; and
(iii) the address to which such ephedrine,
pseudoephedrine, or phenylpropanolamine was
sent.
(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).
* * * * * * *
Part D--Offenses and Penalties
Criminal Forfeitures
property subject to criminal forfeiture
Sec. 413. (a) * * *
* * * * * * *
(q) The court, when sentencing a defendant convicted of an
offense under this title or title III involving the manufacture
of amphetamine or methamphetamine, [may] shall--
(1) order restitution as provided in sections 3612
and 3664 of title 18, United States Code;
(2) order the defendant to reimburse the United
States, the State or local government concerned, or
both the United States and the State or local
government concerned for the costs incurred by the
United States or the State or local government
concerned, as the case may be, for the cleanup
associated with the manufacture of amphetamine or
methamphetamine by the defendant; and
(3) order restitution to any person injured as a
result of the offense as provided in section [3663]
3663A of title 18, United States Code.
establishment of manufacturing operations
Sec. 416. (a) * * *
* * * * * * *
(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.
* * * * * * *
drug paraphernalia
Sec. 422. (a) * * *
* * * * * * *
(d) The term ``drug paraphernalia'' means any equipment,
product, or material of any kind which is primarily intended or
designed for use in manufacturing, compounding, converting,
concealing, producing, processing, preparing, injecting,
ingesting, inhaling, or otherwise introducing into the human
body a controlled substance, possession of which is unlawful
under the Controlled Substances Act (title II of Public Law 91-
513). It includes items primarily intended or designed for use
in ingesting, inhaling, or otherwise introducing marijuana,
cocaine, hashish, hashish oil, PCP, methamphetamine, or
amphetamines into the human body, such as--
(1) * * *
* * * * * * *
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.
* * * * * * *
----------
SECTION 524 OF TITLE 28, UNITED STATES CODE
Sec. 524. Availability of appropriations
(a) * * *
* * * * * * *
(c)(1) There is established in the United States Treasury a
special fund to be known as the Department of Justice Assets
Forfeiture Fund (hereafter in this subsection referred to as
the ``Fund'') which shall be available to the Attorney General
without fiscal year limitation for the following law
enforcement purposes--
(A) * * *
* * * * * * *
(E)(i) for disbursements authorized in connection
with remission or mitigation procedures relating to
property forfeited under any law enforced or
administered by the Department of Justice; and
(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;
* * * * * * *
(4) There shall be deposited in the Fund--
(A) * * *
(B) all amounts representing the Federal equitable
share from the forfeiture of property under any
Federal, State, local or foreign law, for any Federal
agency participating in the Fund; [and]
(C) all amounts transferred by the Secretary of the
Treasury pursuant to section 9703(g)(4)(A)(ii) of title
31[.]; and
(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.
* * * * * * *
----------
TITLE 18, UNITED STATES CODE
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS
* * * * * * *
Sec. 3663. Order of restitution
(a) * * *
* * * * * * *
(c)(1) * * *
(2)(A) An order of restitution under this subsection shall
be based on the amount of public harm caused by the offense, as
determined by the court in accordance with guidelines
promulgated by the United States Sentencing Commission.
(B) In no case shall the amount of restitution ordered
under this subsection exceed the amount of the fine which may
be ordered for the offense charged in the case.
* * * * * * *
Sec. 3663A. Mandatory restitution to victims of certain crimes
(a) * * *
* * * * * * *
(c)(1) This section shall apply in all sentencing
proceedings for convictions of, or plea agreements relating to
charges for, any offense--
(A) that is--
(i) a crime of violence, as defined in
section 16;
(ii) an offense against property under this
title, or under section 416(a) of the
Controlled Substances Act (21 U.S.C. 856(a)),
including any offense committed by fraud or
deceit; or
* * * * * * *
----------
SECTION 501 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
description of the drug control and system improvement grant program
Sec. 501. (a) * * *
(b) The Director of the Bureau of Justice Assistance
(hereafter in this part referred to as the ``Director'') is
authorized to make grants to States, for the use by States and
units of local government in the States, for the purpose of
enforcing State and local laws that establish offenses similar
to offenses established in the Controlled Substances Act (21
U.S.C. 801 et seq.) and to improve the functioning of the
criminal justice system with emphasis on violent crime and
serious offenders. Such grants shall provide additional
personnel, equipment, training, technical assistance, and
information systems for the more widespread apprehension,
prosecution, adjudication, and detention and rehabilitation of
persons who violate these laws, and to assist the victims of
such crimes (other than compensation), including--
(1) * * *
* * * * * * *
(3) programs designed to target the domestic
sources of controlled and illegal substances, such as
precursor chemicals, diverted pharmaceuticals,
clandestine laboratories, and cannabis cultivations and
to remove any hazardous substance or pollutant or
contaminant associated with the illegal manufacture of
amphetamine or methamphetamine;
* * * * * * *
----------
PUBLIC HEALTH SERVICE ACT
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TITLE IV--NATIONAL RESEARCH INSTITUTES
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Part C--Specific Provisions Respecting National Research Institutes
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Subpart 15--National Institute on Drug Abuse
drug abuse research centers
Sec. 464N. (a) * * *
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(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--
(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.
TITLE V--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
Part A--Organization and General Authorities
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SEC. 506. GRANTS FOR CLUB DRUG ABUSE PREVENTION.
(a) Authority.--The Administrator may make grants to, and
enter into contracts and cooperative agreements with, public
and nonprofit private entities to enable such entities--
(1) to carry out school-based programs concerning
the dangers of abuse of and addiction to 3,4-
methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs, using
methods that are effective and science-based, including
initiatives that give students the responsibility to
create their own antidrug abuse education programs for
their schools; and
(2) to carry out community-based abuse and
addiction prevention programs relating to 3,4-
methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs that are
effective and science-based.
(b) Use of Funds.--Amounts made available under a grant,
contract or cooperative agreement under subsection (a) shall be
used for planning, establishing, or administering prevention
programs relating to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs in accordance with
paragraph (3).
(c)(1) Discretionary Functions.--Amounts provided under
this section may be used--
(A) to carry out school-based programs that are
focused on those districts with high or increasing
rates of abuse and addiction to 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related
drugs and targeted at populations that are most at risk
to start abuse of 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs;
(B) 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 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs;
(C) to assist local government entities to conduct
appropriate prevention activities relating to 3,4-
methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs;
(D) to train and educate State and local law
enforcement officials, prevention and education
officials, health professionals, members of community
antidrug coalitions and parents on the signs of abuse
of and addiction to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs, and the
options for treatment and prevention;
(E) for planning, administration, and educational
activities related to the prevention of abuse of and
addiction to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs;
(F) for the monitoring and evaluation of prevention
activities relating to 3,4-methylenedioxy
methamphetamine, paramethoxymethamphetamine or related
drugs, and reporting and disseminating resulting
information to the public; and
(G) for targeted pilot programs with evaluation
components to encourage innovation and experimentation
with new methodologies.
(2) Priority.--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 abuse
and addiction to 3,4-methylenedioxy methamphetamine,
paramethoxymethamphetamine or related drugs.
(d)(1) Prevention Program Allocation.--Not less than
$500,000 of the amount available in each fiscal year to carry
out this section 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 3,4-
methylenedioxy methamphetamine, paramethoxymethamphetamine or
related drugs and the development of appropriate strategies for
disseminating information about and implementing these
programs.
(2) Report.--The Administrator shall submit an annual
report containing the results of the analyses and evaluations
conducted under paragraph (1) to--
(A) the Committee on Health, Education, Labor, and
Pensions, the Committee on the Judiciary, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Commerce, the Committee on the
Judiciary, and the Committee on Appropriations of the
House of Representatives.
(e) Authorization.--There is authorized to be appropriated
to carry out this subsection--
(1) $5,000,000 for fiscal year 2001; and
(2) such sums as may be necessary for each
succeeding fiscal year.
Part B--Centers and Programs
Subpart 1--Center for Substance Abuse Treatment
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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 2001 and such sums as may be necessary for
each of fiscal years 2002 and 2003.
(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).
Subpart 2--Center for Substance Abuse Prevention
office for substance abuse prevention
Sec. 515. (a) * * *
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(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.
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