(Sec. 4) Directs the U.S. Sentencing Commission to amend the Federal sentencing guidelines with respect to any offense relating to the manufacture, importation, exportation, or trafficking in amphetamine or methamphetamine (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) to increase the base offense level for such offense to the same base offense level for an identical amount of methamphetamine, or, if the offense created a substantial risk of danger to the health and safety of a minor or incompetent, increase the base offense level for the offense by not less than six offense levels above that established for it in this section.
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. 5) Amends the CSA to prohibit advertisements for the sale of drug paraphernalia and of schedule I controlled substances.
(Sec. 6) Redefines "continuing criminal enterprise" to declare that a person is engaged in a continuing criminal enterprise if he or she violates any U.S. narcotics law the punishment for which is a felony and such violation is a part of a continuing series of three or more acts made punishable by such laws and certain other conditions exist.
(Sec. 7) Provides for mandatory 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 sums from a reimbursement order into the Department of Justice (DOJ) Assets Forfeiture Fund.
(Sec. 8) Amends the CSA to subject a person to both civil and criminal penalties for manufacturing or transporting a controlled substance so as to create a substantial risk of harm to the environment (currently, just to human life).
Increases the criminal penalty for establishment of manufacturing operations with respect to controlled substances (including amphetamine and methamphetamine).
(Sec. 9) Amends the Federal criminal code to: (1) prohibit and set penalties for teaching or demonstrating the manufacture of a controlled substance, or distributing information pertaining to such manufacture or use, with intent that it be used for or to further activity that constitutes a Federal crime, or knowing that the recipient intends to use it for or to further such activity; and (2) allow the delay of issuance of a warrant to search and seize property that constitutes evidence of a Federal criminal offense pursuant to the standards, terms, and conditions set forth in the code, unless otherwise expressly provided by statute.
(Sec. 11) 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 potential for such levels of crime in the future. Limits the duration of any such program to three years. Authorizes appropriations.
(Sec. 12) Requires the Director of National Drug Control Policy to 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. Requires the Director to provide funds for: (1) employing additional Federal law enforcement personnel, or facilitating the employment of additional State and local law enforcement personnel; and (2) such other activities that the Director considers appropriate. 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 as high intensity drug trafficking areas based on: (1) the number of methamphetamine and amphetamine manufacturing facilities discovered by law enforcement officials in the previous fiscal year; (2) the number of methamphetamine and amphetamine prosecutions in the previous fiscal year; (3) the number of methamphetamine and amphetamine arrests in the previous fiscal year; (4) the amounts of methamphetamine, amphetamine, or listed chemicals seized in the previous fiscal year; and (5) intelligence and predictive data from the DEA and the Department of Health and Human Services 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 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 El Paso Intelligence Center.
Sets limits on administrative costs.
(Sec. 13) Authorizes 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; and (4) provide the Special Operations Division of the DEA 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.
Authorizes the Administrator to establish in the DEA not more than 50 full-time positions, including not more than 31 special agent positions, and to appoint personnel to such positions. Authorizes appropriations.
(Sec. 14) Amends the Federal judicial code to make sums in the DOJ Assets Forfeiture Fund available for payment for costs incurred by or on behalf of: (1) DEA in connection with the removal 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.
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 and 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 DEA from other sources.
(Sec. 15) 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, where appropriate with an electronic hyperlink to the Internet website, if any, of the Office of National Drug Control Policy.
(Sec. 16) 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) report monthly on 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 provisions concerning notification and the right to an expedited hearing.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1428 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1428
To amend the Controlled Substances Act and the Controlled Substances
Import and Export Act relating to the manufacture, traffick, import,
and export of amphetamine and methamphetamine, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 1999
Mr. Hatch (for himself, Mrs. Feinstein, Mr. DeWine, Mr. Biden, Mr.
Thurmond, Mr. Bond, Mr. Smith of Oregon, Mr. Helms, Mr. Reid, and Mr.
Bryan) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Controlled Substances Act and the Controlled Substances
Import and Export Act relating to the manufacture, traffick, import,
and export of amphetamine and methamphetamine, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Anti-Proliferation
Act of 1999''.
SEC. 2. MANUFACTURING AND DISTRIBUTION OF AMPHETAMINE.
(a) Manufacture or Distribution of Substantial Quantities of
Amphetamine.--Subparagraph (A) of section 401(b)(1) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)) is amended--
(1) by striking ``or'' at the end of clause (vii);
(2) by adding ``or'' at the end of clause (viii); and
(3) by inserting after clause (viii) the following new
clause:
``(ix) 50 grams or more of amphetamine, its salts, optical
isomers, and salts of its optical isomers or 500 grams or more
of a mixture or substance containing a detectable amount of
amphetamine, its salts, optical isomers, or salts of its
optical isomers;''.
(b) Manufacture or Distribution of Lesser Quantities of
Amphetamine.--Subparagraph (B) of such section 401(b)(1) is amended--
(1) by striking ``or'' at the end of clause (vii);
(2) by adding ``or'' at the end of clause (viii); and
(3) by inserting after clause (viii) the following new
clause:
``(ix) 5 grams or more of amphetamine, its salts, optical
isomers, and salts of its optical isomers or 50 grams or more
of a mixture or substance containing a detectable amount of
amphetamine, its salts, optical isomers, or salts of its
optical isomers;''.
SEC. 3. IMPORT AND EXPORT OF AMPHETAMINE.
(a) Import or Export of Substantial Quantities of Amphetamine.--
Paragraph (1) of section 1010(b) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)) is amended--
(1) by striking ``or'' at the end of subparagraph (G);
(2) by striking the period at the end of subparagraph (H)
and inserting ``; or''; and
(3) by inserting after subparagraph (H) the following new
subparagraph:
``(I) 50 grams or more of amphetamine, its salts, optical
isomers, and salts of its optical isomers or 500 grams or more
of a mixture or substance containing a detectable amount of
amphetamine, its salts, optical isomers, or salts of its
optical isomers;''.
(b) Import or Export of Lesser Quantities of Amphetamine.--
Paragraph (2) of such section 1010(b) is amended--
(1) by striking ``or'' at the end of subparagraph (G);
(2) by striking the period at the end of subparagraph (H)
and inserting ``; or''; and
(3) by inserting after subparagraph (H) the following new
subparagraph:
``(I) 5 grams or more of amphetamine, its salts, optical
isomers, and salts of its optical isomers or 50 grams or more
of a mixture or substance containing a detectable amount of
amphetamine, its salts, optical isomers, or salts of its
optical isomers;''.
SEC. 4. ENHANCED PUNISHMENT OF METHAMPHETAMINE AND AMPHETAMINE
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, import, export, or
traffick in amphetamine or methamphetamine (including an
attempt or conspiracy to do any of the foregoing) 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 subsection, the
United States Sentencing Commission shall, with respect to each
offense described in paragraph (1)--
(A) increase the base offense level for the offense
so that the base offense level is the same as the base
offense level applicable to an identical amount of
methamphetamine; or
(B) if the offense created a substantial risk of
danger to the health and safety of a minor or
incompetent, increase the base offense level for the
offense by not less than 6 offense levels above the
level established under subparagraph (A).
(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 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.
(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 the enactment of this Act.
SEC. 5. ADVERTISEMENTS FOR DRUG PARAPHERNALIA AND SCHEDULE I CONTROLLED
SUBSTANCES.
(a) Drug Paraphernalia.--Section 422 of the Controlled Substances
Act (21 U.S.C. 863) is amended--
(1) in subsection (a)(1), by inserting ``, directly or
indirectly advertise for sale,'' after ``sell''; and
(2) by adding at the end the following:
``(g) In this section, the term `directly or indirectly advertise
for sale' includes the use of any communication facility (as that term
is defined in section 403(b)) to post, publicize, transmit, publish,
link to, broadcast, or otherwise advertise any matter (including a
telephone number or electronic or mail address) knowing that such
matter has the purpose of seeking or offering, or is designed to be
used, to receive, buy, distribute, or otherwise facilitate a
transaction in.''.
(b) Schedule I Controlled Substances.--Section 403(c) of such Act
(21 U.S.C. 843(c)) is amended--
(1) in the first sentence, by inserting before the period
the following: ``, or to directly or indirectly advertise for
sale (as that term is defined in section 422(g)) any Schedule I
controlled substance''; and
(2) in the second sentence, by striking ``term
`advertisement''' and inserting ``term `written
advertisement'''.
SEC. 6. CONTINUING CRIMINAL ENTERPRISES.
Section 408 of the Controlled Substances Act (21 U.S.C. 848) is
amended--
(1) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``violations of'' and inserting ``3 or more
acts made punishable by''; and
(B) in subparagraph (A), by striking ``are'' and
inserting ``series is''; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) This section may not be construed to require, in any trial
before a jury, unanimity as to the identities of--
``(1) the predicate acts specified in subsection (c)(2); or
``(2) the other persons specified in subsection
(c)(2)(A).''.
SEC. 7. 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; and
(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.
(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.''.
SEC. 8. ENDANGERING HUMAN LIFE OR THE ENVIRONMENT WHILE ILLEGALLY
MANUFACTURING CONTROLLED SUBSTANCES.
(a) Harm to the Environment.--(1) Section 417 of the Controlled
Substances Act (21 U.S.C. 858) is amended by inserting ``or the
environment'' after ``to human life''.
(2) The table of contents for that Act is amended in the item
relating to section 417 by inserting ``or the environment'' after ``to
human life''.
(b) Enhanced Penalty for Establishment of Manufacturing
Operation.--That section is further amended--
(1) by inserting ``(a)'' before ``Whoever'';
(2) in subsection (a), as so designated--
(A) by inserting ``or violating section 416,''
after ``to do so,'' the first place it appears; and
(B) by striking ``shall be fined'' and all that
follows and inserting ``shall be imprisoned not less
than 10 years nor more than 40 years, and, in addition,
may be fined in accordance with title 18, United States
Code.''; and
(3) by adding at the end the following:
``(b) Any penalty under subsection (a) for a violation that is also
a violation of section 416 shall be in addition to any penalty under
section 416 for such violation.''.
(c) Nature of Particular Conduct.--That section is further amended
by adding at the end the following:
``(c) In any case where the conduct at issue is, relates to, or
involves the manufacture of amphetamine or methamphetamine, such
conduct shall, by itself, be rebuttably presumed to constitute the
creation of a substantial risk of harm to human life or the environment
within the meaning of subsection (a).''.
SEC. 9. CRIMINAL PROHIBITION ON DISTRIBUTION OF CERTAIN INFORMATION
RELATING TO THE MANUFACTURE OF CONTROLLED SUBSTANCES.
(a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 21 the following new chapter:
``CHAPTER 22--CONTROLLED SUBSTANCES
``Sec.
``421. Distribution of information relating to manufacture of
controlled substances.
``Sec. 421. Distribution of information relating to manufacture of
controlled substances
``(a) Prohibition on Distribution of Information Relating to
Manufacture of Controlled Substances.--
``(1) Controlled substance defined.--In this subsection,
the term `controlled substance' has the meaning given that term
in section 102(6) of the Controlled Substances Act (21 U.S.C.
802(6)).
``(2) Prohibition.--It shall be unlawful for any person--
``(A) to teach or demonstrate the manufacture of a
controlled substance, or to distribute by any means
information pertaining to, in whole or in part, the
manufacture or use of a controlled substance, with the
intent that the teaching, demonstration, or information
be used for, or in furtherance of, an activity that
constitutes a Federal crime; or
``(B) to teach or demonstrate to any person the
manufacture of a controlled substance, or to distribute
to any person, by any means, information pertaining to,
in whole or in part, the manufacture or use of a
controlled substance, knowing that such person intends
to use the teaching, demonstration, or information for,
or in furtherance of, an activity that constitutes a
Federal crime.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned not more than 10 years, or both.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 21 the following new item:
``22. Controlled Substances................................. 421''.
SEC. 10. NOTICE; CLARIFICATION.
(a) Notice of Issuance.--Section 3103a of title 18, United States
Code, is amended by adding at the end the following new sentence:
``With respect to any issuance under this section or any other
provision of law (including section 3117 and any rule), any notice
required, or that may be required, to be given may be delayed pursuant
to the standards, terms, and conditions set forth in section 2705,
unless otherwise expressly provided by statute.''.
(b) Clarification.--(1) Section 2(e) of Public Law 95-78 (91 Stat.
320) is amended by adding at the end the following:
``Subdivision (d) of such rule, as in effect on this date, is amended
by inserting `tangible' before `property' each place it occurs.''.
(2) The amendment made by paragraph (1) shall take effect on the
date of the enactment of this Act.
SEC. 11. 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).
(2) Duration.--The duration of any program under that
subsection may not exceed 3 years.
(b) Covered Programs.--The programs described in this subsection
are as follows:
(1) Advanced mobile clandestine laboratory training
teams.--A program of advanced mobile clandestine laboratory
training teams, which shall provide information and training to
State and local law enforcement personnel in techniques
utilized in conducting undercover investigations and conspiracy
cases, and other information designed to assist in the
investigation of the illegal manufacturing and trafficking of
amphetamine and methamphetamine.
(2) Basic clandestine laboratory certification training.--A
program of basic clandestine laboratory certification training,
which shall provide information and training--
(A) to Drug Enforcement Administration personnel
and State and local law enforcement personnel for
purposes of enabling such personnel to meet any
certification requirements under law with respect to
the handling of wastes created by illegal amphetamine
and methamphetamine laboratories; and
(B) to State and local law enforcement personnel
for purposes of enabling such personnel to provide the
information and training covered by subparagraph (A) to
other State and local law enforcement personnel.
(3) Clandestine laboratory recertification and awareness
training.--A program of clandestine laboratory recertification
and awareness training, which shall provide information and
training to State and local law enforcement personnel for
purposes of enabling such personnel to provide recertification
and awareness training relating to clandestine laboratories to
additional State and local law enforcement personnel.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2000, 2001, and 2002 amounts as
follows:
(1) $1,500,000 to carry out the program described in
subsection (b)(1).
(2) $3,000,000 to carry out the program described in
subsection (b)(2).
(3) $1,000,000 to carry out the program described in
subsection (b)(3).
SEC. 12. 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--
(A) employ additional Federal law enforcement
personnel, or facilitate the employment of additional
State and local law enforcement personnel, including
agents, investigators, prosecutors, laboratory
technicians, and chemists; and
(B) carry out such other activities as the Director
considers appropriate.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $5,000,000 for fiscal year 2000; and
(2) such sums as may be necessary for each of fiscal years
2001 through 2004.
(c) Apportionment of Funds.--
(1) Factors in apportionment.--The Director shall apportion
amounts appropriated for a fiscal year pursuant to the
authorization of appropriations in subsection (b) for
activities under subsection (a) among and within areas
designated by the Director as high intensity drug trafficking
areas based on the following factors:
(A) The number of methamphetamine manufacturing
facilities and amphetamine manufacturing facilities
discovered by Federal, State, or local law enforcement
officials in the previous fiscal year.
(B) The number of methamphetamine prosecutions and
amphetamine prosecutions in Federal, State, or local
courts in the previous fiscal year.
(C) The number of methamphetamine arrests and
amphetamine arrests by Federal, State, or local law
enforcement officials in the previous fiscal year.
(D) The amounts of methamphetamine, amphetamine, or
listed chemicals (as that term is defined in section
102(33) of the Controlled Substances Act (21 U.S.C.
802(33)) seized by Federal, State, or local law
enforcement officials in the previous fiscal year.
(E) Intelligence data from the Drug Enforcement
Administration showing trafficking and transportation
patterns 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. 13. 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;
(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; and
(5) carry out such other activities as the Administrator
considers appropriate.
(b) Additional Positions and Personnel.--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.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for the Drug Enforcement Administration for each fiscal
year after fiscal year 1999, $6,500,000 for purposes of carrying out
the activities authorized by subsection (a) and employing personnel in
positions established under subsection (b).
SEC. 14. 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 Drug Enforcement
Administration in connection with the
removal 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;''.
(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 Drug Enforcement Administration in such fiscal
year 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 for such removal.
SEC. 15. 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. 16. 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 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).''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9087-9089)
Read twice and referred to the Committee on Judiciary.
Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 106-715.
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