[104th Congress Public Law 237]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ237.104]
[[Page 110 STAT. 3099]]
Public Law 104-237
104th Congress
An Act
To prevent the illegal manufacturing and use of
methamphetamine. <<NOTE: Oct. 3, 1996 - [S. 1965]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Comprehensive
Methamphetamine Control Act of 1996.>> assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short <<NOTE: 21 USC 801 note.>> Title.--This Act may be cited
as the ``Comprehensive Methamphetamine Control Act of 1996''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
TITLE I--IMPORTATION OF METHAMPHETAMINE AND PRECURSOR CHEMICALS
Sec. 101. Support for international efforts to control drugs.
Sec. 102. Penalties for manufacture of listed chemicals outside the
United States with intent to import them into the United
States.
TITLE II--PROVISIONS TO CONTROL THE MANUFACTURE OF METHAMPHETAMINE
Sec. 201. Seizure and forfeiture of regulated chemicals.
Sec. 202. Study and report on measures to prevent sales of agents used
in methamphetamine production.
Sec. 203. Increased penalties for manufacture and possession of
equipment used to make controlled substances.
Sec. 204. Addition of iodine and hydrochloric gas to list II.
Sec. 205. Civil penalties for firms that supply precursor chemicals.
Sec. 206. Injunctive relief.
Sec. 207. Restitution for cleanup of clandestine laboratory sites.
Sec. 208. Record retention.
Sec. 209. Technical amendments.
Sec. 210. Withdrawal of regulations.
TITLE III--INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE OF
METHAMPHETAMINE AND PRECURSORS
Sec. 301. Penalty increases for trafficking in methamphetamine.
Sec. 302. Enhanced penalties for offenses involving certain listed
chemicals.
Sec. 303. Enhanced penalty for dangerous handling of controlled
substances: amendment of sentencing guidelines.
TITLE IV--LEGAL MANUFACTURE, DISTRIBUTION, AND SALE OF PRECURSOR
CHEMICALS
Sec. 401. Diversion of certain precursor chemicals.
Sec. 402. Mail order restrictions.
TITLE V--EDUCATION AND RESEARCH
Sec. 501. Interagency methamphetamine task force.
Sec. 502. Public health monitoring.
Sec. 503. Public-private education program.
Sec. 504. Suspicious orders task force.
[[Page 110 STAT. 3100]]
SEC. 2. <<NOTE: 21 USC 801 note.>> FINDINGS.
The Congress finds the following:
(1) Methamphetamine is a very dangerous and harmful drug. It
is highly addictive and is associated with permanent brain
damage in long-term users.
(2) The abuse of methamphetamine has increased dramatically
since 1990. This increased use has led to devastating effects on
individuals and the community, including--
(A) a dramatic increase in deaths associated with
methamphetamine ingestion;
(B) an increase in the number of violent crimes
associated with methamphetamine ingestion; and
(C) an increase in criminal activity associated with
the illegal importation of methamphetamine and precursor
compounds to support the growing appetite for this drug
in the United States.
(3) Illegal methamphetamine manufacture and abuse presents
an imminent public health threat that warrants aggressive law
enforcement action, increased research on methamphetamine and
other substance abuse, increased coordinated efforts to prevent
methamphetamine abuse, and increased monitoring of the public
health threat methamphetamine presents to the communities of the
United States.
TITLE I--IMPORTATION OF METHAMPHETAMINE AND PRECURSOR CHEMICALS
SEC. 101. SUPPORT <<NOTE: 21 USC 801 note.>> FOR INTERNATIONAL
EFFORTS TO CONTROL DRUGS.
The Attorney General, in consultation with the Secretary of State,
shall coordinate international drug enforcement efforts to decrease the
movement of methamphetamine and methamphetamine precursors into the
United States.
SEC. 102. PENALTIES FOR MANUFACTURE OF LISTED CHEMICALS OUTSIDE
THE UNITED STATES WITH INTENT TO IMPORT
THEM INTO THE UNITED STATES.
(a) Unlawful Importation.--Section 1009(a) of the Controlled
Substances Import and Export Act (21 U.S.C. 959(a)) is amended--
(1) in the matter before paragraph (1), by inserting ``or
listed chemical'' after ``schedule I or II''; and
(2) in paragraphs (1) and (2), by inserting ``or chemical''
after ``substance''.
(b) Unlawful Manufacture or Distribution.--Paragraphs (1) and (2) of
section 1009(b) of the Controlled Substances Import and Export Act (21
U.S.C. 959(b)) are amended by inserting ``or listed chemical'' after
``controlled substance''.
(c) Penalties.--Section 1010(d) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(d)) is amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in paragraph (6), by striking the comma at the end and
inserting ``; or''; and
(3) by adding at the end the following:
[[Page 110 STAT. 3101]]
``(7) manufactures, possesses with intent to distribute, or
distributes a listed chemical in violation of section 959 of
this title.''.
TITLE II--PROVISIONS TO CONTROL THE MANUFACTURE OF METHAMPHETAMINE
SEC. 201. SEIZURE AND FORFEITURE OF REGULATED CHEMICALS.
(a) Penalties for Simple Possession.--Section 404 of the Controlled
Substances Act (21 U.S.C. 844) is amended--
(1) in subsection (a)--
(A) by adding after the first sentence the
following: ``It shall be unlawful for any person
knowingly or intentionally to possess any list I
chemical obtained pursuant to or under authority of a
registration issued to that person under section 303 of
this title or section 1008 of title III if that
registration has been revoked or suspended, if that
registration has expired, or if the registrant has
ceased to do business in the manner contemplated by his
registration.''; and
(B) by striking ``drug or narcotic'' and inserting
``drug, narcotic, or chemical'' each place it appears;
and
(2) in subsection (c), by striking ``drug or narcotic'' and
inserting ``drug, narcotic, or chemical''.
(b) Forfeitures.--Section 511(a) of the Controlled Substances Act
(21 U.S.C. 881(a)) is amended--
(1) in paragraphs (2) and (6), by inserting ``or listed
chemical'' after ``controlled substance'' each place it appears;
and
(2) in paragraph (9), by--
(A) inserting ``dispensed, acquired,'' after
``distributed,'' both places it appears; and
(B) striking ``a felony provision of''.
(c) Seizure.--Section 607 of the Tariff Act of 1930 (19 U.S.C. 1607)
is amended--
(1) in subsection (a)(3), by inserting ``or listed
chemical'' after ``controlled substance''; and
(2) by amending subsection (b) to read as follows:
``(b) As used in this section, the terms `controlled substance' and
`listed chemical' have the meaning given such terms in section 102 of
the Controlled Substances Act (21 U.S.C. 802).''.
SEC. 202. STUDY <<NOTE: 21 USC 872 note.>> AND REPORT ON MEASURES
TO PREVENT SALES OF AGENTS USED IN
METHAMPHETAMINE PRODUCTION.
(a) Study.--The Attorney General of the United States shall conduct
a study on possible measures to effectively prevent the diversion of red
phosphorous, iodine, hydrochloric gas, and other agents for use in the
production of methamphetamine. Nothing in this section shall preclude
the Attorney General from taking any action the Attorney General already
is authorized to take with regard to the regulation of listed chemicals
under current law.
(b) Report.--Not later than January 1, 1998, the Attorney General
shall submit a report to the Congress of its findings pursu
[[Page 110 STAT. 3102]]
ant to the study conducted under subsection (a) on the need for and
advisability of preventive measures.
(c) Considerations.--In developing recommendations under subsection
(b), the Attorney General shall consider--
(1) the use of red phosphorous, iodine, hydrochloric gas,
and other agents in the illegal manufacture of methamphetamine;
(2) the use of red phosphorous, iodine, hydrochloric gas,
and other agents for legitimate, legal purposes, and the impact
any regulations may have on these legitimate purposes; and
(3) comments and recommendations from law enforcement,
manufacturers of such chemicals, and the consumers of such
chemicals for legitimate, legal purposes.
SEC. 203. INCREASED PENALTIES FOR MANUFACTURE AND POSSESSION OF
EQUIPMENT USED TO MAKE CONTROLLED
SUBSTANCES.
(a) In General.--Section 403(d) of the Controlled Substances Act (21
U.S.C. 843(d)) is amended--
(1) by striking ``(d) Any person'' and inserting ``(d)(1)
Except as provided in paragraph (2), any person''; and
(2) by adding at the end the following:
``(2) Any person who, with the intent to manufacture or to
facilitate the manufacture of methamphetamine, violates paragraph (6) or
(7) of subsection (a), shall be sentenced to a term of imprisonment of
not more than 10 years, a fine of not more than $30,000, or both; except
that if any person commits such a violation after one or more prior
convictions of that person--
``(A) for a violation of paragraph (6) or (7) of subsection
(a);
``(B) for a felony under any other provision of this
subchapter or subchapter II of this chapter; or
``(C) under any other law of the United States or any State
relating to controlled substances or listed chemicals,
has become final, such person shall be sentenced to a term of
imprisonment of not more than 20 years, a fine of not more than $60,000,
or both.''.
(b) Sentencing <<NOTE: 28 USC 994 note.>> Commission.--The United
States Sentencing Commission shall amend the sentencing guidelines to
ensure that the manufacture of methamphetamine in violation of section
403(d)(2) of the Controlled Substances Act, as added by subsection (a),
is treated as a significant violation.
SEC. 204. ADDITION OF IODINE AND HYDROCHLORIC GAS TO LIST II.
(a) In General.--Section 102(35) of the Controlled Substances Act
(21 U.S.C. 802(35)) is amended by adding at the end the following:
``(I) Iodine.
``(J) Hydrochloric gas.''.
(b) Importation <<NOTE: 21 USC 971 note.>> and Exportation
Requirements.--(1) Iodine shall not be subject to the requirements for
listed chemicals provided in section 1018 of the Controlled Substances
Import and Export Act (21 U.S.C. 971).
(2) Effect of Exception.--The exception made by paragraph (1) shall
not limit the authority of the Attorney General to impose the
requirements for listed chemicals provided in section 1018 of the
Controlled Substances Import and Export Act (21 U.S.C. 971).
[[Page 110 STAT. 3103]]
SEC. 205. CIVIL PENALTIES FOR FIRMS THAT SUPPLY PRECURSOR
CHEMICALS.
(a) Offenses.--Section 402(a) of the Controlled Substances Act (21
U.S.C. 842(a)) is amended--
(1) in paragraph (9), by striking ``or'' after the
semicolon;
(2) in paragraph (10), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(11) to distribute a laboratory supply to a person who
uses, or attempts to use, that laboratory supply to manufacture
a controlled substance or a listed chemical, in violation of
this title or title III, with reckless disregard for the illegal
uses to which such a laboratory supply will be put.
As used in paragraph (11), the term `laboratory supply' means a listed
chemical or any chemical, substance, or item on a special surveillance
list published by the Attorney General, which contains chemicals,
products, materials, or equipment used in the manufacture of controlled
substances and listed chemicals. For purposes of paragraph (11), there
is a rebuttable presumption of reckless disregard at trial if the
Attorney General notifies a firm in writing that a laboratory supply
sold by the firm, or any other person or firm, has been used by a
customer of the notified firm, or distributed further by that customer,
for the unlawful production of controlled substances or listed chemicals
a firm distributes and 2 weeks or more after the notification the
notified firm distributes a laboratory supply to the customer.''.
(b) Civil Penalty.--Section 402(c)(2) of the Controlled Substances
Act (21 U.S.C. 842(c)(2)) is amended by adding at the end the following:
``(C) In addition to the penalties set forth elsewhere in
this title or title III, any business that violates paragraph
(11) of subsection (a) shall, with respect to the first such
violation, be subject to a civil penalty of not more than
$250,000, but shall not be subject to criminal penalties under
this section, and shall, for any succeeding violation, be
subject to a civil fine of not more than $250,000 or double the
last previously imposed penalty, whichever is greater.''.
SEC. 206. INJUNCTIVE RELIEF.
(a) Ten-Year Injunction Major Offenses.--Section 401(f) of the
Controlled Substances Act (21 U.S.C. 841(f)) is amended by--
(1) inserting ``manufacture, exportation,'' after
``distribution,''; and
(2) striking ``regulated''.
(b) Ten-Year Injunction Other Offenses.--Section 403 of the
Controlled Substances Act (21 U.S.C. 843) is amended--
(1) in subsection (e), by--
(A) inserting ``manufacture, exportation,'' after
``distribution,''; and
(B) striking ``regulated''; and
(2) by adding at the end the following:
``(f) Injunctions.--(1) In addition to any penalty provided in this
section, the Attorney General is authorized to commence a civil action
for appropriate declaratory or injunctive relief relating to violations
of this section or section 402.
[[Page 110 STAT. 3104]]
``(2) Any action under this subsection may be brought in the
district court of the United States for the district in which the
defendant is located or resides or is doing business.
``(3) Any order or judgment issued by the court pursuant to this
subsection shall be tailored to restrain violations of this section or
section 402.
``(4) The court shall proceed as soon as practicable to the hearing
and determination of such an action. An action under this subsection is
governed by the Federal Rules of Civil Procedure except that, if an
indictment has been returned against the respondent, discovery is
governed by the Federal Rules of Criminal Procedure.''.
SEC. 207. RESTITUTION FOR CLEANUP OF CLANDESTINE LABORATORY SITES.
Section 413 of the Controlled Substances Act (21 U.S.C. 853) is
amended by adding at the end the following:
``(q) The court, when sentencing a defendant convicted of an offense
under this title or title III involving the manufacture of
methamphetamine, may--
``(1) order restitution as provided in sections 3612 and
3664 of title 18, United States Code;
``(2) order the defendant to reimburse the United States for
the costs incurred by the United States for the cleanup
associated with the manufacture of methamphetamine by the
defendant; and
``(3) order restitution to any person injured as a result of
the offense as provided in section 3663 of title 18, United
States Code.''.
SEC. 208. RECORD RETENTION.
Section 310(a)(1) of the Controlled Substances Act (21 U.S.C.
830(a)(1)) is amended by striking the dash after ``transaction'' and
subparagraphs (A) and (B) and inserting ``for two years after the date
of the transaction.''.
SEC. 209. TECHNICAL AMENDMENTS.
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended--
(1) in paragraph (34), by amending subparagraphs (P), (S),
and (U) to read as follows:
``(P) Isosafrole.
``(S) N-Methylephedrine.
``(U) Hydriodic acid.''; and
(2) in paragraph (35), by amending subparagraph (G) to read
as follows:
``(G) 2-Butanone (or Methyl Ethyl Ketone).''.
SEC. 210. <<NOTE: Federal Register, publication.>> WITHDRAWAL OF
REGULATIONS.
The final rule concerning removal of exemption for certain
pseudoephedrine products marketed under the Federal Food, Drug, and
Cosmetic Act published in the Federal Register of August 7, 1996 (61 FR
40981-40993) is null and void and of no force or effect.
[[Page 110 STAT. 3105]]
TITLE III--INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE OF
METHAMPHETAMINE AND PRECURSORS
SEC. 301. PENALTY <<NOTE: 28 USC 994 note.>> INCREASES FOR
TRAFFICKING IN METHAMPHETAMINE.
(a) Directive to the United States Sentencing Commission.--Pursuant
to its authority under section 994 of title 28, United States Code, the
United States Sentencing Commission shall review and amend its
guidelines and its policy statements to provide for increased penalties
for unlawful manufacturing, importing, exporting, and trafficking of
methamphetamine, and other similar offenses, including unlawful
possession with intent to commit any of those offenses, and attempt and
conspiracy to commit any of those offenses. The Commission shall submit
to Congress explanations therefor and any additional policy
recommendations for combating methamphetamine offenses.
(b) In General.--In carrying out this section, the Commission shall
ensure that the sentencing guidelines and policy statements for
offenders convicted of offenses described in subsection (a) and any
recommendations submitted under such subsection 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 methamphetamine, including--
(1) the rapidly growing incidence of methamphetamine abuse
and the threat to public safety such abuse poses;
(2) the high risk of methamphetamine addiction;
(3) the increased risk of violence associated with
methamphetamine trafficking and abuse; and
(4) the recent increase in the illegal importation of
methamphetamine and precursor chemicals.
SEC. 302. ENHANCED PENALTIES FOR OFFENSES INVOLVING CERTAIN LISTED
CHEMICALS.
(a) Controlled Substances Act.--Section 401(d) of the Controlled
Substances Act (21 U.S.C. 841(d)) is amended by striking ``not more than
10 years,'' and inserting ``not more than 20 years in the case of a
violation of paragraph (1) or (2) involving a list I chemical or not
more than 10 years in the case of a violation of this subsection other
than a violation of paragraph (1) or (2) involving a list I chemical,''.
(b) Controlled Substance Import and Export Act.--Section 1010(d) of
the Controlled Substance Import and Export Act (21 U.S.C. 960(d)) is
amended by striking ``not more than 10 years,'' and inserting ``not more
than 20 years in the case of a violation of paragraph (1) or (3)
involving a list I chemical or not more than 10 years in the case of a
violation of this subsection other than a violation of paragraph (1) or
(3) involving a list I chemical,''.
(c) Sentencing <<NOTE: 28 USC 994 note.>> Guidelines.--
(1) In general.--The United States Sentencing Commission
shall, in accordance with the procedures set forth in section
21(a) of the Sentencing Act of 1987, as though the authority of
that section had not expired, amend the sentencing guidelines
[[Page 110 STAT. 3106]]
to increase by at least two levels the offense level for
offenses involving list I chemicals under--
(A) section 401(d) (1) and (2) of the Controlled
Substances Act (21 U.S.C 841(d) (1) and (2)); and
(B) section 1010(d) (1) and (3) of the Controlled
Substance Import and Export Act (21 U.S.C. 960(d) (1)
and (3)).
(2) Requirement.--In carrying out this subsection, the
Commission shall ensure that the offense levels for offenses
referred to in paragraph (1) are calculated proportionally on
the basis of the quantity of controlled substance that
reasonably could have been manufactured in a clandestine setting
using the quantity of the list I chemical possessed,
distributed, imported, or exported.
SEC. 303. ENHANCED <<NOTE: 28 USC 994 note.>> PENALTY FOR
DANGEROUS HANDLING OF CONTROLLED
SUBSTANCES: AMENDMENT OF SENTENCING
GUIDELINES.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, the United States Sentencing Commission
shall determine whether the Sentencing Guidelines adequately punish the
offenses described in subsection (b) and, if not, promulgate guidelines
or amend existing guidelines to provide an appropriate enhancement of
the punishment for a defendant convicted of such an offense.
(b) Offense.--The offense referred to in subsection (a) is a
violation of section 401(d), 401(g)(1), 403(a)(6), or 403(a)(7) of the
Controlled Substances Act (21 U.S.C. 841(d), 841(g)(1), 843(a)(6), and
843(a)(7)), in cases in which in the commission of the offense the
defendant violated--
(1) subsection (d) or (e) of section 3008 of the Solid Waste
Disposal Act (relating to handling hazardous waste in a manner
inconsistent with Federal or applicable State law);
(2) section 103(b) of the Comprehensive Environmental
Response, Compensation and Liability Act (relating to failure to
notify as to the release of a reportable quantity of a hazardous
substance into the environment);
(3) section 301(a), 307(d), 309(c)(2), 309(c)(3), 311(b)(3),
or 311(b)(5) of the Federal Water Pollution Control Act
(relating to the unlawful discharge of pollutants or hazardous
substances, the operation of a source in violation of a
pretreatment standard, and the failure to notify as to the
release of a reportable quantity of a hazardous substance into
the water); or
(4) section 5124 of title 49, United States Code (relating
to violations of laws and regulations enforced by the Department
of Transportation with respect to the transportation of
hazardous material).
TITLE IV--LEGAL MANUFACTURE, DISTRIBUTION, AND SALE OF PRECURSOR
CHEMICALS
SEC. 401. DIVERSION OF CERTAIN PRECURSOR CHEMICALS.
(a) In General.--Section 102(39) of the Controlled Substances Act
(21 U.S.C. 802(39)) is amended--
[[Page 110 STAT. 3107]]
(1) in subparagraph (A)(iv)(I)(aa), by striking ``as''
through the semicolon and inserting ``, pseudoephedrine or its
salts, optical isomers, or salts of optical isomers, or
phenylpropanolamine or its salts, optical isomers, or salts of
optical isomers unless otherwise provided by regulation of the
Attorney General issued pursuant to section 204(e) of this
title;''; and
(2) in subparagraph (A)(iv)(II), by inserting ``,
pseudoephedrine, phenylpropanolamine,'' after ``ephedrine''.
(b) Legitimate Retailers.--Section 102 of the Controlled Substances
Act (21 U.S.C. 802) is amended--
(1) in paragraph (39)(A)(iv)(I)(aa), by adding before the
semicolon the following: ``, except that any sale of ordinary
over-the-counter pseudoephedrine or phenylpropanolamine products
by retail distributors shall not be a regulated transaction
(except as provided in section 401(d) of the Comprehensive
Methamphetamine Control Act of 1996)'';
(2) in paragraph (39)(A)(iv)(II), by adding before the
semicolon the following: ``, except that the threshold for any
sale of products containing pseudoephedrine or
phenylpropanolamine products by retail distributors or by
distributors required to submit reports by section 310(b)(3) of
this title shall be 24 grams of pseudoephedrine or 24 grams of
phenylpropanolamine in a single transaction'';
(3) by redesignating paragraph (43) relating to felony drug
offense as paragraph (44); and
(4) by adding at the end the following:
``(45) The term `ordinary over-the-counter pseudoephedrine
or phenylpropanolamine product' means any product containing
pseudoephedrine or phenylpropanolamine that is--
``(A) regulated pursuant to this title; and
``(B)(i) except for liquids, sold in package sizes
of not more than 3.0 grams of pseudoephedrine base or
3.0 grams of phenylpropanolamine base, and that is
packaged in blister packs, each blister containing not
more than two dosage units, or where the use of blister
packs is technically infeasible, that is packaged in
unit dose packets or pouches; and
``(ii) for liquids, sold in package sizes of not
more than 3.0 grams of pseudoephedrine base or 3.0 grams
of phenylpropanolamine base.
``(46)(A) The term `retail distributor' means a grocery
store, general merchandise store, drug store, or other entity or
person whose activities as a distributor relating to
pseudoephedrine or phenylpropanolamine products are limited
almost exclusively to sales for personal use, both in number of
sales and volume of sales, either directly to walk-in customers
or in face-to-face transactions by direct sales.
``(B) For purposes of this paragraph, sale for personal use
means the sale of below-threshold quantities in a single
transaction to an individual for legitimate medical use.
``(C) For purposes of this paragraph, entities are defined
by reference to the Standard Industrial Classification (SIC)
code, as follows:
``(i) A grocery store is an entity within SIC code
5411.
``(ii) A general merchandise store is an entity
within SIC codes 5300 through 5399 and 5499.
``(iii) A drug store is an entity within SIC code
5912.''.
[[Page 110 STAT. 3108]]
(c) Reinstatement of Legal Drug Exemption.--Section 204 of the
Controlled Substances Act (21 U.S.C. 814) is amended by adding at the
end the following new subsection:
``(e) Reinstatement <<NOTE: Regulations.>> of Exemption With Respect
to Ephedrine, Pseudoephedrine, and Phenylpropanolamine Drug Products.--
Pursuant to subsection (d)(1), the Attorney General shall by regulation
reinstate the exemption with respect to a particular ephedrine,
pseudoephedrine, or phenylpropanolamine drug product if the Attorney
General determines that the drug product is manufactured and distributed
in a manner that prevents diversion. In making this determination the
Attorney General shall consider the factors listed in subsection (d)(2).
Any regulation issued pursuant to this subsection may be amended or
revoked based on the factors listed in subsection (d)(4).''.
(d) Regulation <<NOTE: 21 USC 802 note.>> of Retail Sales.--
(1) Pseudoephedrine.--
(A) Limit.--
(i) In general.--Not sooner than the effective
date of this section and subject to the
requirements of clause (ii), the Attorney General
may establish by regulation a single-transaction
limit of 24 grams of pseudoephedrine base for
retail distributors. Notwithstanding any other
provision of law, the single-transaction threshold
quantity for pseudoephedrine-containing compounds
may not be lowered beyond that established in this
paragraph.
(ii) Conditions.--In order to establish a
single-transaction limit of 24 grams of
pseudoephedrine base, the Attorney General shall
establish, following notice, comment, and an
informal hearing that since the date of enactment
of this Act there are a significant number of
instances where ordinary over-the-counter
pseudoephedrine products as established in
paragraph (45) of section 102 of the Controlled
Substances Act (21 U.S.C. 802(45)), as added by
this Act, sold by retail distributors as
established in paragraph (46) in section 102 of
the Controlled Substances Act (21 U.S.C. 802(46)),
are being widely used as a significant source of
precursor chemicals for illegal manufacture of a
controlled substance for distribution or sale.
(B) Violation.--Any individual or business that
violates the thresholds established in this paragraph
shall, with respect to the first such violation, receive
a warning letter from the Attorney General and, if a
business, the business shall be required to conduct
mandatory education of the sales employees of the firm
with regard to the legal sales of pseudoephedrine. For a
second violation occurring within 2 years of the first
violation, the business or individual shall be subject
to a civil penalty of not more than $5,000. For any
subsequent violation occurring within 2 years of the
previous violation, the business or individual shall be
subject to a civil penalty not to exceed the amount of
the previous civil penalty plus $5,000.
(2) Phenylpropanolamine.--
(A) Limit.--
(i) In general.--Not sooner than the effective
date of this section and subject to the
requirements of clause
[[Page 110 STAT. 3109]]
(ii), the Attorney General may establish by
regulation a single-transaction limit of 24 grams
of phenylpropanolamine base for retail
distributors. Notwithstanding any other provision
of law, the single-transaction threshold quantity
for phenylpropanolamine-containing compounds may
not be lowered beyond that established in this
paragraph.
(ii) Conditions.--In order to establish a
single-transaction limit of 24 grams of
phenylpropanolamine base, the Attorney General
shall establish, following notice, comment, and an
informal hearing, that since the date of enactment
of this Act there are a significant number of
instances where ordinary over-the-counter
phenylpropanolamine products as established in
paragraph (45) of section 102 of the Controlled
Substances Act (21 U.S.C. 802(45)), as added by
this Act, sold by retail distributors as
established in paragraph (46) in section 102 of
the Controlled Substances Act (21 U.S.C. 802(46)),
are being used as a significant source of
precursor chemicals for illegal manufacture of a
controlled substance in bulk.
(B) Violation.--Any individual or business that
violates the thresholds established in this paragraph
shall, with respect to the first such violation, receive
a warning letter from the Attorney General and, if a
business, the business shall be required to conduct
mandatory education of the sales employees of the firm
with regard to the legal sales of pseudoephedrine. For a
second violation occurring within 2 years of the first
violation, the business or individual shall be subject
to a civil penalty of not more than $5,000. For any
subsequent violation occurring within 2 years of the
previous violation, the business or individual shall be
subject to a civil penalty not to exceed the amount of
the previous civil penalty plus $5,000.
(3) Significant number of instances.--
(A) In general.--For purposes of this subsection,
isolated or infrequent use, or use in insubstantial
quantities, of ordinary over-the-counter pseudoephedrine
or phenylpropanolamine, as defined in section 102(45) of
the Controlled Substances Act, as added by section
401(b) of this Act, and sold at the retail level for the
illicit manufacture of methamphetamine or amphetamine
may not be used by the Attorney General as the basis for
establishing the conditions under paragraph (1)(A)(ii)
of this subsection, with respect to pseudoephedrine, and
paragraph (2)(A)(ii) of this subsection, with respect to
phenylpropanolamine.
(B) Considerations and report.--The Attorney General
shall--
(i) in establishing a finding under paragraph
(1)(A)(ii) or (2)(A)(ii) of this subsection,
consult with the Secretary of Health and Human
Services in order to consider the effects on
public health that would occur from the
establishment of new single transaction limits as
provided in such paragraph; and
(ii) upon establishing a finding, transmit a
report to the Committees on the Judiciary in both,
respectively, the House of Representatives and the
Senate
[[Page 110 STAT. 3110]]
in which the Attorney General will provide the
factual basis for establishing the new single
transaction limits.
(4) Definition of business.--For purposes of this
subsection, the term ``business'' means the entity that makes
the direct sale and does not include the parent company of a
business not involved in a direct sale regulated by this
subsection.
(5) Judicial review.--Any regulation promulgated by the
Attorney General under this section shall be subject to judicial
review pursuant to section 507 of the Controlled Substances Act
(21 U.S.C. 877).
(e) Effect <<NOTE: 21 USC 802 note.>> on Thresholds.--Nothing in the
amendments made by subsection (b) or the provisions of subsection (d)
shall affect the authority of the Attorney General to modify thresholds
(including cumulative thresholds) for retail distributors for products
other than ordinary over-the-counter pseudoephedrine or
phenylpropanolamine products (as defined in section 102(45) of the
Controlled Substances Act, as added by this section) or for non-retail
distributors, importers, or exporters.
(f) Combination <<NOTE: 21 USC 802 note.>> Ephedrine Products.--
(1) In general.--For the purposes of this section,
combination ephedrine products shall be treated the same as
pseudoephedrine products, except that--
(A) a single transaction limit of 24 grams shall be
effective as of the date of enactment of this Act and
shall apply to sales of all combination ephedrine
products, notwithstanding the form in which those
products are packaged, made by retail distributors or
distributors required to submit a report under section
310(b)(3) of the Controlled Substances Act (as added by
section 402 of this Act);
(B) for regulated transactions for combination
ephedrine products other than sales described in
subparagraph (A), the transaction limit shall be--
(i) 1 kilogram of ephedrine base, effective on
the date of enactment of this Act; or
(ii) a threshold other than the threshold
described in clause (i), if established by the
Attorney General not earlier than 1 year after the
date of enactment of this Act; and
(C) the penalties provided in subsection (d)(1)(B)
of this section shall take effect on the date of
enactment of this Act for any individual or business
that violates the single transaction limit of 24 grams
for combination ephedrine products.
(2) Definition.--For the purposes of this section, the term
``combination ephedrine product'' means a drug product
containing ephedrine or its salts, optical isomers, or salts of
optical isomers and therapeutically significant quantities of
another active medicinal ingredient.
(g) Effective <<NOTE: 21 USC 802 note.>> Date of This Section.--
Notwithstanding any other provision of this Act, this section shall not
apply to the sale of any pseudoephedrine or phenylpropanolamine product
prior to 12 months after the date of enactment of this Act, except that,
on application of a manufacturer of a particular pseudoephedrine or
phenylpropanolamine drug product, the Attorney General may, in her sole
discretion, extend such effective date up to an additional
[[Page 110 STAT. 3111]]
six months. Notwithstanding any other provision of law, the decision of
the Attorney General on such an application shall not be subject to
judicial review.
SEC. 402. MAIL ORDER RESTRICTIONS.
Section 310(b) of the Controlled Substances Act (21 U.S.C. 830(b))
is amended by adding at the end the following:
``(3) Mail order reporting.--(A) Each regulated person who
engages in a transaction with a nonregulated person which--
``(i) involves ephedrine, pseudoephedrine, or
phenylpropanolamine (including drug products containing
these chemicals); and
``(ii) <<NOTE: Regulations.>> uses or attempts to
use the Postal Service or any private or commercial
carrier;
shall, on a monthly basis, submit a report of each such
transaction conducted during the previous month to the Attorney
General in such form, containing such data, and at such times as
the Attorney General shall establish by regulation.
``(B) The data required for such reports shall include--
``(i) the name of the purchaser;
``(ii) the quantity and form of the ephedrine,
pseudoephedrine, or phenylpropanolamine purchased; and
``(iii) the address to which such ephedrine,
pseudoephedrine, or phenylpropanolamine was sent.''.
TITLE V--EDUCATION AND RESEARCH
SEC. 501. <<NOTE: 21 USC 801 note.>> INTERAGENCY METHAMPHETAMINE TASK
FORCE.
(a) Establishment.--There is established a ``Methamphetamine
Interagency Task Force'' (referred to as the ``interagency task force'')
which shall consist of the following members:
(1) The Attorney General, or a designee, who shall serve as
chair.
(2) 2 representatives selected by the Attorney General.
(3) The Secretary of Education or a designee.
(4) The Secretary of Health and Human Services or a
designee.
(5) 2 representatives of State and local law enforcement and
regulatory agencies, to be selected by the Attorney General.
(6) 2 representatives selected by the Secretary of Health
and Human Services.
(7) 5 nongovernmental experts in drug abuse prevention and
treatment to be selected by the Attorney General.
(b) Responsibilities.--The interagency task force shall be
responsible for designing, implementing, and evaluating the education
and prevention and treatment practices and strategies of the Federal
Government with respect to methamphetamine and other synthetic
stimulants.
(c) Meetings.--The interagency task force shall meet at least once
every 6 months.
(d) Funding.--The administrative expenses of the interagency task
force shall be paid out of existing Department of Justice
appropriations.
(e) FACA.--The <<NOTE: Applicability.>> Federal Advisory Committee
Act (5 U.S.C. App. 2) shall apply to the interagency task force.
[[Page 110 STAT. 3112]]
(f) Termination.--The interagency task force shall terminate 4 years
after the date of enactment of this Act.
SEC. 502. <<NOTE: 42 USC 290aa-4 note.>> PUBLIC HEALTH MONITORING.
The Secretary of Health and Human Services shall develop a public
health monitoring program to monitor methamphetamine abuse in the United
States. The program shall include the collection and dissemination of
data related to methamphetamine abuse which can be used by public health
officials in policy development.
SEC. 503. <<NOTE: 21 USC 872a.>> PUBLIC-PRIVATE EDUCATION PROGRAM.
(a) Advisory Panel.--The Attorney General shall establish an
advisory panel consisting of an appropriate number of representatives
from Federal, State, and local law enforcement and regulatory agencies
with experience in investigating and prosecuting illegal transactions of
precursor chemicals. The Attorney General shall convene the panel as
often as necessary to develop and coordinate educational programs for
wholesale and retail distributors of precursor chemicals and supplies.
(b) Continuation of Current Efforts.--The Attorney General shall
continue to--
(1) maintain an active program of seminars and training to
educate wholesale and retail distributors of precursor chemicals
and supplies regarding the identification of suspicious
transactions and their responsibility to report such
transactions; and
(2) provide assistance to State and local law enforcement
and regulatory agencies to facilitate the establishment and
maintenance of educational programs for distributors of
precursor chemicals and supplies.
SEC. 504. <<NOTE: Establishment. 21 USC 801 note.>> SUSPICIOUS ORDERS
TASK FORCE.
(a) In General.--The Attorney General shall establish a ``Suspicious
Orders Task Force'' (the ``Task Force'') which shall consist of--
(1) appropriate personnel from the Drug Enforcement
Administration (the ``DEA'') and other Federal, State, and local
law enforcement and regulatory agencies with the experience in
investigating and prosecuting illegal transactions of listed
chemicals and supplies; and
(2) representatives from the chemical and pharmaceutical
industry.
(b) Responsibilities.--The Task Force shall be responsible for
developing proposals to define suspicious orders of listed chemicals,
and particularly to develop quantifiable parameters which can be used by
registrants in determining if an order is a suspicious order which must
be reported to DEA. The quantifiable parameters to be addressed will
include frequency of orders, deviations from prior orders, and size of
orders. The Task Force shall also recommend provisions as to what types
of payment practices or unusual business practices shall constitute
prima facie suspicious orders. In evaluating the proposals, the Task
Force shall consider effectiveness, cost and feasibility for industry
and government, and other relevant factors.
(c) Meetings.--The Task Force shall meet at least two times per year
and at such other times as may be determined necessary by the Task
Force.
[[Page 110 STAT. 3113]]
(d) Report.--The Task Force shall present a report to the Attorney
General on its proposals with regard to suspicious orders and the
electronic reporting of suspicious orders within one year of the date of
enactment of this Act. Copies of the report shall be forwarded to the
Committees of the Senate and House of Representatives having
jurisdiction over the regulation of listed chemical and controlled
substances.
(e) Funding.--The administrative expenses of the Task Force shall be
paid out of existing Department of Justice funds or appropriations.
(f) FACA.--The <<NOTE: Applicability.>> Federal Advisory Committee
Act (5 U.S.C. App. 2) shall apply to the Task Force.
(g) Termination.--The Task Force shall terminate upon presentation
of its report to the Attorney General, or two years after the date of
enactment of this Act, whichever is sooner.
Approved October 3, 1996.
LEGISLATIVE HISTORY--S. 1965 (H.R. 3852):
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 17, considered and passed Senate.
Sept. 25, 26, H.R. 3852 considered and passed House.
Sept. 28, S. 1965 considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Oct. 3, Presidential statement.
<all>