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S 486 ES
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) SHORT TITLE- This Act may be cited as the `Methamphetamine Anti-Proliferation Act of 1999'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
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.
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.
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.
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.
Sec. 201. Enhanced punishment for trafficking in list I chemicals.
Sec. 202. Mail order requirements.
Sec. 203. Advertisements for drug paraphernalia and schedule I controlled substances.
Sec. 204. Theft and transportation of anhydrous ammonia for purposes of illicit production of controlled substances.
Sec. 205. Criminal prohibition on distribution of certain information relating to the manufacture of controlled substances.
Sec. 211. Waiver authority for physicians who dispense or prescribe certain narcotic drugs for maintenance treatment or detoxification treatment.
Sec. 301. Notice; clarification.
Sec. 302. Antidrug messages on Federal Government Internet websites.
Sec. 303. Severability.
(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.
(a) FEDERAL SENTENCING GUIDELINES-
(1) IN GENERAL- Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines in accordance with paragraph (2) with respect to any offense relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine in violation of--
(A) the Controlled Substances Act (21 U.S.C. 801 et seq.);
(B) the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.); or
(C) the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).
(2) REQUIREMENTS- In carrying out this paragraph, the United States Sentencing Commission shall--
(A) if the offense created a substantial risk of harm to human life (other than a life described in subparagraph (B)) or the environment, increase the base offense level for the offense--
(i) by not less than 3 offense levels above the applicable level in effect on the date of the enactment of this Act; or
(ii) if the resulting base offense level after an increase under clause (i) would be less than level 27, to not less than level 27; or
(B) if the offense created a substantial risk of harm to the life of a minor or incompetent, increase the base offense level for the offense--
(i) by not less than 6 offense levels above the applicable level in effect on the date of the enactment of this Act; or
(ii) if the resulting base offense level after an increase under clause (i) would be less than level 30, to not less than level 30.
(3) EMERGENCY AUTHORITY TO SENTENCING COMMISSION- The United States Sentencing Commission shall promulgate amendments pursuant to this subsection as soon as practicable after the date of enactment of this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100-182), as though the authority under that Act had not expired.
(b) EFFECTIVE DATE- The amendments made pursuant to this section shall apply with respect to any offense occurring on or after the date that is 60 days after the date of enactment of this Act.
(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.'.
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,'.
(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.
(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.
(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 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).
(a) IN GENERAL-
(1) IN GENERAL- The Director of National Drug Control Policy shall use amounts available under this section to combat the trafficking of methamphetamine and amphetamine in areas designated by the Director as high intensity drug trafficking areas.
(2) ACTIVITIES- In meeting the requirement in paragraph (1), the Director shall transfer funds to appropriate Federal, State, and local governmental agencies for employing additional Federal law enforcement personnel, or facilitating the employment of additional State and local law enforcement personnel, including agents, investigators, prosecutors, laboratory technicians, chemists, investigative assistants, and drug-prevention specialists.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section--
(1) $15,000,000 for fiscal year 2000; and
(2) such sums as may be necessary for each of fiscal years 2001 through 2004.
(c) APPORTIONMENT OF FUNDS-
(1) FACTORS IN APPORTIONMENT- The Director shall apportion amounts appropriated for a fiscal year pursuant to the authorization of appropriations in subsection (b) for activities under subsection (a) among and within areas designated by the Director as high intensity drug trafficking areas based on the following factors:
(A) The number of methamphetamine manufacturing facilities and amphetamine manufacturing facilities discovered by Federal, State, or local law enforcement officials in the previous fiscal year.
(B) The number of methamphetamine prosecutions and amphetamine prosecutions in Federal, State, or local courts in the previous fiscal year.
(C) The number of methamphetamine arrests and amphetamine arrests by Federal, State, or local law enforcement officials in the previous fiscal year.
(D) The amounts of methamphetamine, amphetamine, or listed chemicals (as that term is defined in section 102(33) of the Controlled Substances Act (21 U.S.C. 802(33)) seized by Federal, State, or local law enforcement officials in the previous fiscal year.
(E) Intelligence and predictive data from the Drug Enforcement Administration and the Department of Health and Human Services showing patterns and trends in abuse, trafficking, and transportation in methamphetamine, amphetamine, and listed chemicals (as that term is so defined).
(2) CERTIFICATION- Before the Director apportions any funds under this subsection to a high intensity drug trafficking area, the Director shall certify that the law enforcement entities responsible for clandestine methamphetamine and amphetamine laboratory seizures in that area are providing laboratory seizure data to the national clandestine laboratory database at the El Paso Intelligence Center.
(d) LIMITATION ON ADMINISTRATIVE COSTS- Not more than 5 percent of the amount appropriated in a fiscal year pursuant to the authorization of appropriations for that fiscal year in subsection (b) may be available in that fiscal year for administrative costs associated with activities under subsection (a).
(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).
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.'.
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:
`SEC. 514. (a) GRANTS-
`(1) AUTHORITY TO MAKE GRANTS- The Director of the Center for Substance Abuse Treatment may make grants to States and Indian tribes recognized by the United States that have a high rate, or have had a rapid increase, in methamphetamine or amphetamine abuse or addiction in order to permit such States and Indian tribes to expand activities in connection with the treatment of methamphetamine or amphetamine abuser or addiction in the specific geographical areas of such States or Indian tribes, as the case may be, where there is such a rate or has been such an increase.
`(2) RECIPIENTS- Any grants under paragraph (1) shall be directed to the substance abuse directors of the States, and of the appropriate tribal government authorities of the Indian tribes, selected by the Director to receive such grants.
`(3) NATURE OF ACTIVITIES- Any activities under a grant under paragraph (1) shall be based on reliable scientific evidence of their efficacy in the treatment of methamphetamine or amphetamine abuse or addiction.
`(b) GEOGRAPHIC DISTRIBUTION- The Director shall ensure that grants under subsection (a) are distributed equitably among the various regions of the country and among rural, urban, and suburban areas that are affected by methamphetamine or amphetamine abuse or addiction.
`(c) ADDITIONAL ACTIVITIES- The Director shall--
`(1) evaluate the activities supported by grants under subsection (a);
`(2) disseminate widely such significant information derived from the evaluation as the Director considers appropriate to assist States, Indian tribes, and private providers of treatment services for methamphetamine or amphetamine abuser or addiction in the treatment of methamphetamine or amphetamine abuse or addiction; and
`(3) provide States, Indian tribes, and such providers with technical assistance in connection with the provision of such treatment.
`(d) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2000 and such sums as may be necessary for each of fiscal years 2001 and 2002.
`(2) USE OF CERTAIN FUNDS- Of the funds appropriated to carry out this section in any fiscal year, the lesser of 5 percent of such funds or $1,000,000 shall be available to the Director for purposes of carrying out subsection (c).'.
(a) EXPANSION OF EFFORTS- Section 515 of the Public Health Service Act (42 U.S.C. 290bb-21) is amended by adding at the end the following:
`(e)(1) The Administrator may make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities to enable such entities--
`(A) to carry out school-based programs concerning the dangers of abuse of and addiction to methamphetamine and other illicit drugs, using methods that are effective and science-based, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and
`(B) to carry out community-based abuse and addiction prevention programs relating to methamphetamine and other illicit drugs that are effective and science-based.
`(2) Amounts made available under a grant, contract or cooperative agreement under paragraph (1) shall be used for planning, establishing, or administering prevention programs relating to methamphetamine and other illicit drugs in accordance with paragraph (3).
`(3)(A) Amounts provided under this subsection may be used--
`(i) to carry out school-based programs that are focused on those districts with high or increasing rates of methamphetamine abuse and addiction and targeted at populations which are most at risk to start abuse of methamphetamine and other illicit drugs;
`(ii) to carry out community-based prevention programs that are focused on those populations within the community that are most at-risk for abuse of and addiction to methamphetamine and other illicit drugs;
`(iii) to assist local government entities to conduct appropriate prevention activities relating to methamphetamine and other illicit drugs;
`(iv) to train and educate State and local law enforcement officials, prevention and education officials, members of community anti-drug coalitions and parents on the signs of abuse of and addiction to methamphetamine and other illicit drugs, and the options for treatment and prevention;
`(v) for planning, administration, and educational activities related to the prevention of abuse of and addiction to methamphetamine and other illicit drugs;
`(vi) for the monitoring and evaluation of prevention activities relating to methamphetamine and other illicit drugs, and reporting and disseminating resulting information to the public; and
`(vii) for targeted pilot programs with evaluation components to encourage innovation and experimentation with new methodologies.
`(B) The Administrator shall give priority in making grants under this subsection to rural and urban areas that are experiencing a high rate or rapid increases in methamphetamine abuse and addiction.
`(4)(A) Not less than $500,000 of the amount available in each fiscal year to carry out this subsection shall be made available to the Administrator, acting in consultation with other Federal agencies, to support and conduct periodic analyses and evaluations of effective prevention programs for abuse of and addiction to methamphetamine and other illicit drugs and the development of appropriate strategies for disseminating information about and implementing these programs.
`(B) The Administrator shall submit to the committees of Congress referred to in subparagraph (C) an annual report with the results of the analyses and evaluation under subparagraph (A).
`(C) The committees of Congress referred to in this subparagraph are the following:
`(i) The Committees on Health, Education, Labor, and Pensions, the Judiciary, and Appropriations of the Senate.
`(ii) The Committees on Commerce, the Judiciary, and Appropriations of the House of Representatives.'.
(b) AUTHORIZATION OF APPROPRIATIONS FOR EXPANSION OF ABUSE PREVENTION EFFORTS AND PRACTITIONER REGISTRATION REQUIREMENTS- There is authorized to be appropriated to carry out section 515(e) of the Public Health Service Act (as added by subsection (a)) and section 303(g)(2) of the Controlled Substances Act (as added by section 18(a) of this Act), $15,000,000 for fiscal year 2000, and such sums as may be necessary for each succeeding fiscal year.
(a) STUDY-
(1) REQUIREMENT- The Secretary of Health and Human Services shall, in consultation with the Institute of Medicine of the National Academy of Sciences, conduct a study on the development of medications for the treatment of addiction to amphetamine and methamphetamine.
(2) REPORT- Not later than nine months after the date of the enactment of this Act, the Secretary shall submit to the Committees on the Judiciary of the Senate and House of Representatives a report on the results of the study conducted under paragraph (1).
(b) AUTHORIZATION OF APPROPRIATIONS- There are hereby authorized to be appropriated for the Department of Health and Human Services for fiscal year 2000 such sums as may be necessary to meet the requirements of subsection (a).
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.
(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.
(a) AMENDMENTS TO FEDERAL SENTENCING GUIDELINES- Pursuant to its authority under section 994(p) of title 28, United States, the United States Sentencing Commission shall amend the Federal sentencing guidelines in accordance with this section with respect to any violation of paragraph (1) or (2) of section 401(d) of the Controlled Substances Act (21 U.S.C. 841(d)) involving a list I chemical and any violation of paragraph (1) or (3) of section 1010(d) of the Controlled Substance Import and Export Act (21 U.S.C. 960(d)) involving a list I chemical.
(b) EPHEDRINE, PHENYLPROPANOLAMINE, AND PSEUDOEPHEDRINE-
(1) IN GENERAL- In carrying this section, the United States Sentencing Commission shall, with respect to each offense described in subsection (a) involving ephedrine, phenylpropanolamine, or pseudoephedrine (including their salts, optical isomers, and salts of optical isomers), review and amend its guidelines to provide for increased penalties such that those penalties corresponded to the quantity of controlled substance that could reasonably have been manufactured using the quantity of ephedrine, phenylpropanolamine, or pseudoephedrine possessed or distributed.
(2) CONVERSION RATIOS- For the purposes of the amendments made by this subsection, the quantity of controlled substance that could reasonably have been manufactured shall be determined by using a table of manufacturing conversion ratios for ephedrine, phenylpropanolamine, and pseudoephedrine, which table shall be established by the Sentencing Commission based on scientific, law enforcement, and other data the Sentencing Commission considers appropriate.
(c) OTHER LIST I CHEMICALS- In carrying this section, the United States Sentencing Commission shall, with respect to each offense described in subsection (a) involving any list I chemical other than ephedrine, phenylpropanolamine, or pseudoephedrine, review and amend its guidelines to provide for increased penalties such that those penalties reflect the dangerous nature of such offenses, the need for aggressive law enforcement action to fight such offenses, and the extreme dangers associated with unlawful activity involving methamphetamine and amphetamine, including--
(1) the rapidly growing incidence of controlled substance manufacturing;
(2) the extreme danger inherent in manufacturing controlled substances;
(3) the threat to public safety posed by manufacturing controlled substances; and
(4) the recent increase in the importation, possession, and distribution of list I chemicals for the purpose of manufacturing controlled substances.
(d) EMERGENCY AUTHORITY TO SENTENCING COMMISSION- The United States Sentencing Commission shall promulgate amendments pursuant to this section as soon as practicable after the date of the enactment of this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100-182), as though the authority under that Act had not expired.
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).'.
(a) DRUG PARAPHERNALIA- Subsection (a)(1) of section 422 of the Controlled Substances Act (21 U.S.C. 863) is amended by inserting `, directly or indirectly advertise for sale,' after `sell'.
(b) IMMUNITIES AND OBLIGATIONS OF INTERACTIVE COMPUTER SERVICES-
(1) IN GENERAL- Such section 422 is further amended by adding at the end the following new subsection:
`(g) IMMUNITIES AND OBLIGATIONS OF INTERACTIVE COMPUTER SERVICES-
`(1) IN GENERAL- An interactive computer service that satisfies the conditions of this subsection shall not be liable under this section or section 2 or 371 of title 18, United States Code, for the use of its facilities or services--
`(A) by another person, or
`(B) as an information location tool referred to in paragraph (6)(A), provided that the interactive computer service does not control or modify (except to prevent or avoid a violation of law) the content of the online location to which such location tool refers or links,
to engage in activity that violates this section, except as provided in paragraph (2).
`(2) NOTICE AND TAKE DOWN RESPONSIBILITY-
`(A) IN GENERAL- If an interactive computer service receives a notice described in subparagraph (B) that a particular online site residing on a computer server controlled or operated by the provider is being used to violate this section, the provider shall within 48 hours, not including weekends and holidays, remove or disable access to the matter residing at that online site that allegedly violates this section.
`(B) NOTICE- A notice is described in this subparagraph only if it is a written communication from the Attorney General, the Administrator of the Drug Enforcement Administration, or a United States Attorney supplied to the agent of the interactive computer service designated in accordance with section 512(c)(2) of title 17, United States Code, or to any employee of the provider if no such designation has been made, and includes--
`(i) identification of the matter that allegedly violates this section and that is to be removed or access to which is to be disabled;
`(ii) an allegation that such matter violates this section;
`(iii) information reasonably sufficient to permit the interactive computer service to locate such matter; and
`(iv) information reasonably sufficient to permit the interactive computer service to contact the Federal official, including an address, telephone number, and, if available, an electronic mail address at which the Federal official providing such notice may be contacted.
`(C) FAILURE TO TAKE DOWN MATTER- An interactive computer service that does not take the actions described in this paragraph upon receiving a notice meeting the requirements of subparagraph (B) shall be deemed to have knowingly permitted its computer server to be used to engage in activity prohibited by this section and to have actual knowledge that the activity is prohibited by this section.
`(D) APPLICABILITY TO PROVIDERS OF BROWSER SOFTWARE-
`(i) INAPPLICABILITY- This paragraph shall not apply to a provider of browser software to the extent that the provider provides access to information location tools controlled by another party.
`(ii) APPLICABILITY- This paragraph shall apply to a provider of browser software which provides matter consisting primarily of matter prohibited by this section or which holds itself out to others as a source of, or directory for, or means of searching for matter prohibited by this section.
`(3) APPLICABILITY- Paragraph (1) shall not apply in the case of an interactive computer service which--
`(A) knowingly permits an online site on its computer server to be used to engage in activity that the interactive computer service has actual knowledge is prohibited by this section;
`(B) consists primarily of matter prohibited by this section; or
`(C) holds itself out to others as a source of, or means of searching for matter prohibited by this section.
`(4) IMMUNITY FOR REMOVAL OF MATTER- An interactive computer service shall not be liable under Federal or State law for taking any action to remove or disable access to any matter described in this section, or to terminate the account of any subscriber of such service, based upon a good faith belief that such matter violates this section or that such subscriber has engaged in a violation of this section.
`(5) PENALTIES FOR MISREPRESENTATIONS- Any person who knowingly misrepresents under this section that such person is an official of a law enforcement agency described in paragraph (2)(B) shall be deemed to violate section 912 of title 18, United States Code.
`(6) DEFINITION- An interactive computer service referred to in this subsection is an interactive computer service (as that term is defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)), including a service that--
`(A) provides an information location tool to refer or link users to an online location, including a directory, index, or hypertext link, provided that the interactive computer service does not control or modify the content of the online location to which such location tool refers or links; or
`(B) is engaged in the transmission, storage, retrieval, hosting, formatting, or translation of a communication made by another person without selection or alteration of the content of the communication, other than that done in good faith to prevent or avoid a violation of law.'.
(2) DIRECTORY OF AGENTS-
(A) PROVISION TO ATTORNEY GENERAL- Not later than three months after the date of the enactment of this Act, and every month thereafter, the Register of Copyrights shall provide to the Attorney General and the Administrator of the Drug Enforcement Administration an electronic copy of the registry of designated agents described in section 512(c)(2) of title 17, United States Code.
(B) PROVISION TO UNITED STATES ATTORNEYS- The Attorney General shall make available to all United States Attorneys each registry made available to the Attorney General under subparagraph (A).
(c) DIRECTLY OR INDIRECTLY ADVERTISE FOR SALE DEFINED- Such section 422 is further amended by adding at the end the following new subsection:
`(h) In this section, the term `directly or indirectly advertise for sale' means the use of any communication facility (as that term is defined in section 403(b)) to post, publicize, transmit, publish, link to, broadcast, or otherwise advertise any matter (including a telephone number or electronic or mail address) with the intent to facilitate or promote a transaction in.'.
(d) SCHEDULE I CONTROLLED SUBSTANCES- Section 403(c) of such Act (21 U.S.C. 843(c)) is amended--
(1) by inserting `(1)' after `(c)';
(2) in paragraph (1), as so designated--
(A) in the first sentence, by inserting before the period the following: `, or to directly or indirectly advertise for sale (as that term is defined in section 422(h)) any Schedule I controlled substance'; and
(B) in the second sentence, by striking `term `advertisement' and inserting `term `written advertisement'; and
(3) by adding at the end the following:
`(2) In the case of direct or indirect advertisements for sale under paragraph (1), the limitations on criminal liability for interactive computer services under section 442(g) shall be available to interactive computer services under this subsection to the same extent, and subject to the same terms and conditions, as such limitations on criminal liability are available to interactive computer services under such section 442(g). For purposes of the application of such section 442(g) to an interactive computer service under this subsection, any reference in such section to the term `conduct prohibited by this section' shall be deemed to refer to direct or indirect advertisements for sale prohibited by the first sentence of paragraph (1).'.
(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:
`SEC. 423. (a) It is unlawful for any person--
`(1) to steal anhydrous ammonia, or
`(2) to transport stolen anhydrous ammonia across State lines,
knowing, intending, or having reasonable cause to believe that such anhydrous ammonia will be used to manufacture a controlled substance in violation of this part.
`(b) Any person who violates subsection (a) shall be imprisoned or fined, or both, in accordance with section 403(d) as if such violation were a violation of a provision of section 403.'.
(b) CLERICAL AMENDMENT- The table of contents for that Act is amended by inserting after the item relating to section 421 the following new items:
`Sec. 422. Drug paraphernalia.
`Sec. 423. Anhydrous ammonia.'.
(c) ASSISTANCE FOR CERTAIN RESEARCH-
(1) AGREEMENT- The Administrator of the Drug Enforcement Administration shall seek to enter into an agreement with Iowa State University in order to permit the University to continue and expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate the usefulness of anhydrous ammonia as an ingredient in the production of methamphetamine.
(2) REIMBURSABLE PROVISION OF FUNDS- The agreement under paragraph (1) may provide for the provision to Iowa State University, on a reimbursable basis, of $500,000 for purposes the activities specified in that paragraph.
(3) AUTHORIZATION OF APPROPRIATIONS- There is hereby authorized to be appropriated for the Drug Enforcement Administration for fiscal year 2000, $500,000 for purposes of carrying out the agreement under this subsection.
(a) IN GENERAL- Part I of title 18, United States Code, is amended by inserting after chapter 21 the following new chapter:
`Sec.
`421. Distribution of information relating to manufacture of controlled substances.
`(a) PROHIBITION ON DISTRIBUTION OF INFORMATION RELATING TO MANUFACTURE OF CONTROLLED SUBSTANCES-
`(1) CONTROLLED SUBSTANCE DEFINED- In this subsection, the term `controlled substance' has the meaning given that term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).
`(2) PROHIBITION- It shall be unlawful for any person--
`(A) to teach or demonstrate the manufacture of a controlled substance, or to distribute by any means information pertaining to, in whole or in part, the manufacture of a controlled substance, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime; or
`(B) to teach or demonstrate to any person the manufacture of a controlled substance, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture of a controlled substance, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime.
`(b) PENALTY- Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 10 years, or both.'.
(b) CLERICAL AMENDMENT- The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 21 the following new item:
421'.
(a) REQUIREMENTS- Section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) is amended--
(1) in paragraph (2), by striking `(A) security' and inserting `(i) security', and by striking `(B) the maintenance' and inserting `(ii) the maintenance';
(2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;
(3) by inserting `(1)' after `(g)';
(4) by striking `Practitioners who dispense' and inserting `Except as provided in paragraph (2), practitioners who dispense and prescribe'; and
(5) by adding at the end the following:
`(2)(A) Subject to subparagraphs (D), the requirements of paragraph (1) are waived in the case of the dispensing or prescribing, by a physician, of narcotic drugs in schedule III, IV, or V, or combinations of such drugs, if the physician meets the conditions specified in subparagraph (B) and the narcotic drugs or combinations of such drugs meet the conditions specified in subparagraph (C).
`(B)(i) For purposes of subparagraph (A), the conditions specified in this subparagraph with respect to a physician are that, before dispensing or prescribing narcotic drugs in schedule III, IV, or V, or combinations of such drugs, to patients for maintenance or detoxification treatment, the physician submit to the Secretary and the Attorney General a notification of the intent of the physician to begin dispensing or prescribing the drugs or combinations for such purpose, and that the notification to the Secretary also contain the following certifications by the physician:
`(I) The physician--
`(aa) is a physician licensed under State law; and
`(bb) has training or experience and the ability to treat and manage opiate-dependent patients.
`(II) With respect to patients to whom the physician will provide such drugs or combinations of drugs, the physician has the capacity to refer the patients for appropriate counseling and other appropriate ancillary services.
`(III) In any case in which the physician is not in a group practice, the total number of such patients of the physician at any one time will not exceed the applicable number. For purposes of this subclause, the applicable number is 20, except that the Secretary may by regulation change such total number.
`(IV) In any case in which the physician is in a group practice, the total number of such patients of the group practice at any one time will not exceed the applicable number. For purposes of this subclause, the applicable number is 20, except that the Secretary may by regulation change such total number, and the Secretary for such purposes may by regulation establish different categories on the basis of the number of physicians in a group practice and establish for the various categories different numerical limitations on the number of such patients that the group practice may have.
`(ii)(I) The Secretary may, in consultation with the Administrator of the Drug Enforcement Administration, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the Center for Substance Abuse Treatment, the Director of the National Institute on Drug Abuse, and the Commissioner of Food and Drugs, issue regulations through notice and comment rulemaking or practice guidelines to address the following:
`(aa) Approval of additional credentialing bodies and the responsibilities of additional credentialing bodies.
`(bb) Additional exemptions from the requirements of this paragraph and any regulations under this paragraph.
`(II) Nothing in the regulations or practice guidelines under this clause may authorize any Federal official or employee to exercise supervision or control over the practice of medicine or the manner in which medical services are provided.
`(III)(aa) The Secretary shall issue a Treatment Improvement Protocol containing best practice guidelines for the treatment and maintenance of opiate-dependent patients. The Secretary shall develop the protocol in consultation with the Director of the National Institute on Drug Abuse, the Director of the Center for Substance Abuse Treatment, the Administrator of the Drug Enforcement Administration, the Commissioner of Food and Drugs, the Administrator of the Substance Abuse and Mental Health Services Administration, and other substance abuse disorder professionals. The protocol shall be guided by science.
`(bb) The protocol shall be issued not later than 120 days after the date of the enactment of the Methamphetamine Anti-Proliferation Act of 1999.
`(IV) For purposes of the regulations or practice guidelines under subclause (I), a physician shall have training or experience under clause (i)(I)(bb) if the physician meets one or more of the following conditions:
`(aa) The physician is certified in addiction treatment by the American Society of Addiction Medicine, the American Board of Medical Specialties, the American Osteopathic Academy of Addiction Medicine, or any other certified body accredited by the Secretary.
`(bb) The physician has been a clinical investigator in a clinical trial conducted for purposes of securing approval under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262) of a narcotic drug in schedule III, IV, or V for the treatment of addiction, if such approval was granted.
`(cc) The physician has completed training (through classroom situations, seminars, professional society meetings, electronic communications, or otherwise) provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Osteopathic Academy of Addiction Medicine, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Secretary determines appropriate for purposes of this item. The curricula may include training in patient need for counseling regarding HIV, Hepatitis C, and other infectious diseases, substance abuse counseling, random drug testing, medical evaluation, annual assessment, prenatal care, diagnosis of addiction, rehabilitation services, confidentiality, and other appropriate topics.
`(dd) The physician has training or experience in the treatment and management of opiate-dependent, which training or experience shall meet such criteria as the Secretary may prescribe. Any such criteria shall be effective for a period of three years after the effective date of such criteria, but the Secretary may extend the effective period of such criteria by additional periods of three years for each extension if the Secretary determines that such extension is appropriate for purposes of this item. Any such extension shall go into effect only if the Secretary publishes a notice of such extension in the Federal Register during the 30-day period ending on the date of the end of the three-year effective period of such criteria to which such extension will apply.
`(ee) The physician is certified in addiction treatment by a State medical licensing board, or an entity accredited by such board, unless the Secretary determines (after an opportunity for a hearing) that the training provided by such board or entity was inadequate for the treatment and management of opiate-dependent patients.
`(C) For purposes of subparagraph (A), the conditions specified in this subparagraph with respect to narcotic drugs in schedule III, IV, or V, or combinations of such drugs, are as follows:
`(i) The drugs or combinations of drugs have, under the Federal Food, Drug and Cosmetic Act or section 351 of the Public Health Service Act, been approved for use in maintenance or detoxification treatment.
`(ii) The drugs or combinations of drugs have not been the subject of an adverse determination. For purposes of this clause, an adverse determination is a determination published in the Federal Register and made by the Secretary, after consultation with the Attorney General, that experience since the approval of the drug or combinations of drugs has shown that the use of the drugs or combinations of drugs for maintenance or detoxification treatment requires additional standards respecting the qualifications of physicians to provide such treatment, or requires standards respecting the quantities of the drugs that may be provided for unsupervised use.
`(D)(i) A waiver under subparagraph (A) with respect to a physician is not in effect unless (in addition to conditions under subparagraphs (B) and (C)) the following conditions are met:
`(I) The notification under subparagraph (B) is in writing and states the name of the physician.
`(II) The notification identifies the registration issued for the physician pursuant to subsection (f).
`(III) If the physician is a member of a group practice, the notification states the names of the other physicians in the practice and identifies the registrations issued for the other physicians pursuant to subsection (f).
`(IV) A period of 45 days has elapsed after the date on which the notification was submitted, and during such period the physician does not receive from the Secretary a written notice that one or more of the conditions specified in subparagraph (B), subparagraph (C), or this subparagraph, have not been met.
`(ii) The Secretary shall provide to the Attorney General such information contained in notifications under subparagraph (B) as the Attorney General may request.
`(E) If in violation of subparagraph (A) a physician dispenses or prescribes narcotic drugs in schedule III, IV, or V, or combinations of such drugs, for maintenance treatment or detoxification treatment, the Attorney General may, for purposes of section 304(a)(4), consider the physician to have committed an act that renders the registration of the physician pursuant to subsection (f) to be inconsistent with the public interest.
`(F)(i) Upon determining that a physician meets the conditions specified in subparagraph (B), the Secretary shall notify the physician and the Attorney General.
`(ii) Upon receiving notice with respect to a physician under clause (i), the Attorney General shall assign the physician an identification number under this paragraph for inclusion with the physician's current registration to prescribe narcotics. An identification number assigned a physician under this clause shall be appropriate to preserve the confidentiality of a patient prescribed narcotic drugs covered by this paragraph by the physician.
`(iii) If the Secretary fails to make a determination described in clause (i) by the end of the 45-day period beginning on the date of the receipt by the Secretary of a notification from a physician under subparagraph (B), the Attorney General shall assign the physician an identification number described in clause (ii) at the end of such period.
`(G) In this paragraph:
`(i) The term `group practice' has the meaning given such term in section 1877(h)(4) of the Social Security Act.
`(ii) The term `physician' has the meaning given such term in section 1861(r) of the Social Security Act.
`(H)(i) This paragraph takes effect on the date of the enactment of the Methamphetamine Anti-Proliferation Act of 1999, and remains in effect thereafter except as provided in clause (iii) (relating to a decision by the Secretary or the Attorney General that this paragraph should not remain in effect).
`(ii) For the purposes relating to clause (iii), the Secretary and the Attorney General shall, during the 3-year period beginning on the date of the enactment of the Methamphetamine Anti-Proliferation Act of 1999, make determinations in accordance with the following:
`(I)(aa) The Secretary shall--
`(aaa) make a determination of whether treatments provided under waivers under subparagraph (A) have been effective forms of maintenance treatment and detoxification treatment in clinical settings;
`(bbb) make a determination regarding whether such waivers have significantly increased (relative to the beginning of such period) the availability of maintenance treatment and detoxification treatment; and
`(ccc) make a determination regarding whether such waivers have adverse consequences for the public health.
`(bb) In making determinations under this subclause, the Secretary--
`(aaa) may collect data from the practitioners for whom waivers under subparagraph (A) are in effect;
`(bbb) shall issue appropriate guidelines or regulations (in accordance with procedures for substantive rules under section 553 of title 5, United States Code) specifying the scope of the data that will be required to be provided under this subclause and the means through which the data will be collected; and
`(ccc) shall, with respect to collecting such data, comply with applicable provisions of chapter 6 of title 5, United States Code (relating to a regulatory flexibility analysis), and of chapter 8 of such title (relating to congressional review of agency rulemaking).
`(II) The Attorney General shall--
`(aa) make a determination of the extent to which there have been violations of the numerical limitations established under subparagraph (B) for the number of individuals to whom a practitioner may provide treatment; and
`(bb) make a determination regarding whether waivers under subparagraph (A) have increased (relative to the beginning of such period) the extent to which narcotic drugs in schedule III, IV, or V, or combinations of such drugs, are being dispensed or prescribed, or possessed, in violation of this Act.
`(iii) If, before the expiration of the period specified in clause (ii), the Secretary or the Attorney General publishes in the Federal Register a decision, made on the basis of determinations under such clause, that this paragraph should not remain in effect, this paragraph ceases to be in effect 60 days after the date on which the decision is so published. The Secretary shall, in making any such decision, consult with the Attorney General, and shall, in publishing the decision in the Federal Register, include any comments received from the Attorney General for inclusion in the publication. The Attorney General shall, in making any such decision, consult with the Secretary, and shall, in publishing the decision in the Federal Register, include any comments received from the Secretary for inclusion in the publication.
`(I) During the 3-year period beginning on the date of the enactment of the Methamphetamine Anti-Proliferation Act of 1999, a State may not preclude a practitioner from dispensing or prescribing narcotic drugs in schedule III, IV, or V, or combinations of such drugs, to patients for maintenance or detoxification treatment in accordance with this paragraph, or the other amendments made by section 22 of that Act, unless, before the expiration of that 3-year period, the State enacts a law prohibiting a practitioner from dispensing or prescribing such drugs or combination of drugs.'.
(b) CONFORMING AMENDMENTS- Section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended--
(1) in subsection (a), in the matter following paragraph (5), by striking `section 303(g)' each place the term appears and inserting `section 303(g)(1)'; and
(2) in subsection (d), by striking `section 303(g)' and inserting `section 303(g)(1)'.
(c) AUTHORIZATION OF APPROPRIATIONS- There is hereby authorized to be appropriated for purposes of activities under section 303(g)(2) of the Controlled Substances Act, as added by subsection (a), amounts as follows:
(1) For fiscal year 2000, $3,000,000.
(2) For each fiscal year after fiscal year 2000, such sums as may be necessary for such fiscal year.
(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.
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.
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.
Passed the Senate November 19, 1999.
Attest:
Secretary.
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.
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