S.486 - Methamphetamine Anti-Proliferation Act of 1999106th Congress (1999-2000)
Summary: S.486 — 106th Congress (1999-2000)
Methamphetamine Anti-Proliferation Act of 1999 - Title I: Methamphetamine Production, Trafficking, and Abuse - Subtitle A: Criminal Penalties - Directs the United States Sentencing Commission (the Commission) to amend the Federal sentencing guidelines 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 the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act (MDLEA), by reviewing and amending its guidelines to provide for increased penalties such that those penalties are comparable to the base offense level for methamphetamine.
Passed Senate amended (11/19/1999)
Directs the Commission to: (1) ensure that the sentencing guidelines for offenders of such offenses reflect the heinous nature of such offenses, the need for aggressive law enforcement, and the extreme dangers associated with unlawful activity involving amphetamines; and (2) promulgate amendments pursuant to this Act in accordance with the procedure set forth in the Sentencing Act of 1987, as though the (emergency) authority of that Act had not expired.
(Sec. 102) Directs the Commission to: (1) amend the guidelines to increase the base offense level, with respect to any offense relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine in violation of the CSA, the CSIEA, or the MDLEA, by specified amounts if the offense created a substantial risk of harm to human life or the environment, or to the life of a minor or incompetent; and (2) promulgate amendments pursuant to this Act in accordance with the procedure set forth in the Sentencing Act of 1987, as though the authority of that Act had not expired.
(Sec. 103) Provides for mandatory (currently, discretionary) restitution for CSA and CSIEA violations. Expands provisions regarding restitution for cleanup of clandestine laboratory sites to cover offenses involving, and reimbursement for costs incurred for the cleanup associated with, the manufacture of amphetamine (currently, limited to methamphetamine), and to include reimbursement to States and local governments, as well as to the United States.
Amends the Federal judicial code to provide for the deposit of certain sums from a reimbursement order into the Department of Justice (DOJ) Assets Forfeiture Fund.
Makes mandatory restitution provisions applicable to the prohibition against the establishment of manufacturing operations with respect to controlled substances. Treats illicit substance manufacturing operations as crimes against property.
(Sec. 104) Amends the CSA to include items primarily intended or designed for use in introducing methamphetamine into the body within the definition of "drug paraphernalia."
Subtitle B: Enhanced Law Enforcement - Amends the judicial code to make sums in the DOJ Assets Forfeiture Fund available for payment for costs incurred by or on behalf of: (1) DOJ 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 (2) 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.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to make funds under the drug control and system improvement (Byrne) grant program available to remove any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine.
Requires that any sums made available from the DOJ Assets Forfeiture Fund for purposes of this section in a fiscal year supplement and not supplant any other amounts made available to DOJ in such fiscal year from other sources.
(Sec. 112) Amends the CSA to modify the definition of "regulated transaction" to reduce the retail sales transaction threshold for non-safe harbor products containing pseudoephedrine or phenylpropanolamine.
(Sec. 113) Directs the Administrator of the Drug Enforcement Administration (DEA) to carry out specified programs (advanced mobile clandestine laboratory training teams, basic clandestine laboratory certification training, and clandestine laboratory recertification and awareness training) with respect to the law enforcement personnel of States and localities determined by the Administrator to have significant levels of methamphetamine- or amphetamine-related crime or projected by the Administrator to have the potential for such levels of crime in the future. Limits the duration of any such program to three years. Authorizes appropriations.
(Sec. 114) Requires the Director of National Drug Control Policy to: (1) use amounts available under this section to combat the trafficking of methamphetamine and amphetamine in areas designated as high intensity drug trafficking areas; and (2) provide funds for employing additional Federal law enforcement personnel, or facilitating the employment of additional State and local law enforcement personnel. Authorizes appropriations.
Requires the Director to apportion amounts appropriated for a fiscal year pursuant to such authorization of appropriations for activities under this section among and within areas designated by the Director as high intensity drug trafficking areas based on: (1) the number of methamphetamine and amphetamine manufacturing facilities discovered by Federal, State, or local law enforcement officials in the previous fiscal year; (2) the number of methamphetamine and amphetamine prosecutions in Federal, State, or local courts in the previous fiscal year; (3) the number of methamphetamine and amphetamine arrests by Federal, State, or local courts in the previous fiscal year; (4) the amounts of methamphetamine, amphetamine, or listed chemicals seized by Federal, State, or local law enforcement officials in the previous fiscal year; and (5) intelligence and predictive data from the DEA and the Department of Health and Human Services (HHS) showing patterns and trends in abuse, trafficking and transportation in methamphetamine, amphetamine, and listed chemicals.
Requires the Director, before apportioning any funds under this section to a high intensity drug trafficking area, to 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.
Sets limits on administrative costs.
(Sec. 115) Authorizes the Administrator of the DEA to: (1) assist State and local law enforcement in small and mid-sized communities in all phases of investigations related to such manufacturing and trafficking; (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 DEA with additional agents and staff for specified purposes; (5) enhance the investigative and related functions of DEA's Chemical Control Program; (6) design an effective means of requiring an accurate accounting of the import and export of list I chemicals and coordinate investigations relating to their diversion; (7) develop a computer infrastructure sufficient 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; and (8) establish an education, training, and communication process to alert the industry to current trends and emerging patterns in illegal amphetamine and methamphetamine manufacturing.
Authorizes the Administrator to establish in DEA, and appoint personnel, for not more than: (1) 50 full-time positions, including up to 31 special agent positions; and (2) 15-full time additional positions, including up to ten diversion investigator positions, with respect to activities specified in paragraphs five through eight in the previous paragraph. Authorizes appropriations.
Subtitle C: Abuse Prevention and Treatment - Amends the Public Health Service Act (PHSA) to authorize the Director of the National Institute on Drug Abuse to make grants to 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.
Sets forth provisions regarding permissible uses of grant funds and dissemination of research results. Authorizes appropriations.
(Sec. 122) Amends the PHSA to authorize the Director of the Center for Substance Abuse Treatment to 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 to permit such States and tribes to expand activities in connection with treatment in specific geographical areas. Sets forth grant requirements and responsibilities of the Director. Authorizes appropriations.
(Sec. 123) Amends the PHSA to authorize the Administrator of the Substance Abuse and Mental Health Services Administration to make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities to carry out: (1) 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 (2) community-based abuse and addiction prevention programs relating to methamphetamine and other illicit drugs that are effective and science-based.
Sets forth provisions regarding permissible grant uses, priorities in making grants, program evaluation, and reporting requirements. Authorizes appropriations for expansion of abuse prevention efforts and for practitioner registration requirements.
(Sec. 124) Directs the Secretary of HHS to: (1) conduct a study on the development of medications for the treatment of addiction to amphetamine and methamphetamine; and (2) report to the Senate and House Judiciary Committees. Authorizes appropriations.
Subtitle D: Reports - Directs the Secretary 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.
(Sec. 132) Directs the Attorney General to: (1) conduct a study of the use of ordinary, over-the-counter pseudoephedrine and phenylpropanolamine products in the clandestine production of illicit drugs; and (2) report to Congress the findings and any recommendations on the need to establish additional measures to prevent diversion.
Requires the Attorney General to establish by regulation a single-transaction limit of not less than 24 grams of ordinary, over-the-counter pseudoephedrine or phenylpropanolamine for retail distributors upon finding that: (1) there is a significant number of instances where such products that were purchased from retail distributors were widely used in the clandestine production of illicit drugs; and (2) 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.
Directs the Attorney General to establish the single-transaction limit only after notice, comment, and an informal hearing.
Title II: Controlled Substances Generally - Subtitle A: Criminal Matters - Directs the Commission to amend the sentencing guidelines to provide for enhanced penalties for CSA and CSIEA violations involving: (1) ephedrine, phenylpropanolamine, and pseudoephedrine; and (2) other list I chemicals to 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.
Directs the Commission to promulgate amendments pursuant to this Act in accordance with the procedure set forth in the Sentencing Act of 1987, as though the authority of that Act had not expired.
(Sec. 202) Revises CSA mail order provisions to: (1) require that each regulated person who engages in an export transaction (currently, limited to each regulated person who engages in a transaction with a non-regulated person) submit a monthly report of each such transaction to the Attorney General; and (2) make specified exemptions from such reporting requirement, such as for certain distributions of sample packages of drug products and distributions of drug products pursuant to a valid prescription.
Authorizes the Attorney General to revoke any such exemptions if drug products distributed by the regulated person are being used in violation of CSA requirements, subject to specified notification and right to an expedited hearing.
(Sec. 203) Amends the CSA to prohibit advertisements for the sale of drug paraphernalia and of schedule I controlled substances.
Sets forth provisions regarding immunities and obligations of interactive computer services with respect to such advertising, and regarding criminal liability of such services.
(Sec. 204) Amends the CSA to prohibit and set penalties for the theft of anhydrous ammonia, or the transportation of stolen anhydrous ammonia across State lines, knowing, intending, or having reasonable cause to believe that such ammonia will be used to manufacture a controlled substance in violation of the Act.
Requires the DEA Administrator to seek to enter into an agreement with Iowa State University to permit the University to expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate its usefulness as an ingredient in methamphetamine production. Authorizes such agreement to provide $500,000, on a reimbursable basis, for such activities. Authorizes appropriations.
(Sec. 205) Amends the Federal criminal code to prohibit, and set penalties for, teaching or demonstrating: (1) the manufacture of a controlled substance, or distributing by any means information pertaining to, the manufacture of a controlled substance, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime; or (2) to any person the manufacture of a controlled substance, or to distribute to any person, by any means, information pertaining to, such manufacture, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime.
Subtitle B: Other Matters - Amends the CSA to waive the requirement that practitioners who dispense narcotic drugs to individuals for maintenance or detoxification treatment annually obtain a separate registration for that purpose, and that the Attorney General register an applicant to dispense narcotic drugs to individuals for such treatment, in the case of the dispensing by a practitioner of narcotic drugs in schedule III, IV, or V, or combinations of such drugs (schedule III-V drugs) if the practitioner and the drugs meet specified conditions. Requires that: (1) the practitioner, before dispensing schedule III-V drugs to patients for maintenance or detoxification treatment, submit to the Secretary of HHS and the Attorney General a notification of intent to begin dispensing such drugs for that purpose, including certifications that the practitioner is licensed under State law and has the ability to treat and manage opiate-dependent patients, has the capacity to refer the patients for appropriate counseling and other appropriate ancillary services, and meets other specified requirements; and (2) the schedule III-V drugs have been approved for use in maintenance or detoxification treatment and have not been the subject of an "adverse determination" (i.e., requires additional standards regarding the qualifications of practitioners to provide such treatment, or requires standards regarding the quantities of the drugs that may be provided for unsupervised use).
Authorizes the Secretary to issue regulations through notice and comment rulemaking or practice guidelines to address the following: (1) approval of additional credentialing bodies and the responsibilities of additional credentialing bodies; and (2) additional exemptions from the requirements and any regulations under this section.
Directs the Secretary to issue a Treatment Improvement Protocol containing best practice guidelines for the treatment and maintenance of opiate-dependent patients.
Sets forth: (1) provisions regarding physician training and experience for purposes of the regulations or practice guidelines; and (2) procedural waiver requirements.
Requires the Secretary to notify the physician and the Attorney General upon determining that a physician meets specified conditions. Directs the Attorney General, upon receiving such notice, to assign the physician an identification number for inclusion with the physician's current registration to prescribe narcotics. Specifies that an identification number assigned a physician shall be appropriate to preserve the confidentiality of a patient prescribed narcotic drugs by the physician.
Requires the Secretary and the Attorney General, during the three-year period beginning on the date of this Act's enactment, to make determinations regarding whether: (1) treatments provided under such waivers have been effective forms of maintenance and detoxification treatment in clinical settings; (2) such waivers have significantly increased the availability of such treatment; and (3) such waivers have adverse public health consequences. Authorizes the Secretary to collect data from the practitioners for whom waivers are in effect. Sets forth further requirements with respect to the Secretary and the Attorney General, and further procedural requirements.
Prohibits a State, during the three-year period, from precluding a practitioner from dispensing schedule III-V drugs to patients for maintenance or detoxification treatment in accordance with this Act unless, before the expiration of such period, the State enacts a law prohibiting a practitioner from dispensing such drugs. Authorizes appropriations.
Title III: Miscellaneous - Modifies Federal criminal code provisions regarding additional grounds for issuing a warrant to specify that any notice required to be given may be delayed, pursuant to specified standards, terms, and conditions set forth elsewhere in the code, unless otherwise expressly provided by statute.
(Sec. 302) Requires the head of each Federal department, agency, and establishment to place anti-drug 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 of National Drug Control Policy.