[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 1965 Enrolled Bill (ENR)]
S.1965
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To prevent the illegal manufacturing and use of methamphetamine.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

d81dc20ff053dd8c2b97b8b6c1c03fa2605fbb91e571ece26ad873397cbdbf98

(a) Short 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:

36c75ccb0f69ba8109d96b5d44fef5e042a6f48adad891b2c6d76d4a0f4c0b71

United States with intent to import them into the United
States.

7f7603713128e40ba91e25e064eb3efe2690f7d4f36d37ab6e8aa887179fa8f2

TITLE I

-IMPORTATION OF METHAMPHETAMINE AND PRECURSOR CHEMICALS

5983dcd61bc75df05369083d2f07ea4cb7daef3ba07e62002eeb49f8b0237d1e

TITLE II

-PROVISIONS TO CONTROL THE MANUFACTURE OF METHAMPHETAMINE

equipment used to make controlled substances.

082b7faea4d0eb105713079b4ccf8aec187228f8ae3b015dc6ec3c333659a6c7

34660304bc572ecb73a5e17cdaafd004c9efc92e0905709373d22de5ca796712

cf0dbc42f766c584e1ac94ea71b914eec1f2e7e78b43bc43bf3852b64986ad08

TITLE III

-INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE OF

substances: amendment of sentencing guidelines.
CHEMICALS

012e0db9aafcefcc90d5fb81bee383d8664cf2402a1891f63537ef12dd32823e

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.

1ea55d7af3cc01f57be54c58c97ba7316aaf231de04e5286ef53818fe459aa62

TITLE V

-EDUCATION AND RESEARCH

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.

9520f6536db2c5c0d30a3073290c114f97ed38e9240e08820fa01fedabf584d3

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:
``(7) manufactures, possesses with intent to distribute, or
distributes a listed chemical in violation of section 959 of this
title.''.

4689e5669631c662ef5806402ef51e47235892396cf71af6960c38c6fffd1907

(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).''.

b46e4747485dbe2566d217907351afa6df561a0760b446b730a7f756f1352c8b

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 pursuant 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.

939b2dd359eb608576cf658b79b2a9a8f87c668f335246548606fc1d5855498d

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 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.

df76957dcb463985d890d25c2559f3b037c012666aaa5bc8007b2b4b945e4600

(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 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).

c6cd261013ed8b45377ab05d22a0fbff0e4765629c96f1f663287c96f59708da

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.''.

79e2b99729c85fa9877d8ad3994593f31ed68621eba9733bb3050a30fd3f54f4

(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.
``(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.''.

a040cadeaf80e9bc26c525eac379e7d75b5fdd7b64d1489edd1f3012b54803b8

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.''.

32ab5091750ab3c7ec11d990e074beb4dcc52b96759ffba754b9ee44111ae742

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.''.

90c5cc7a86c3099a48472c0c458caa8a277625ad9d64c4556d9b002cce05f60b

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).''.

bd1dfce31038401cc367303a5b9332d4c5516396dfb2fda9c7b37efa8dae7bf9

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.
METHAMPHETAMINE AND PRECURSORS

ea33d2ae04085c8a9e9d7e9b074f6809128ab1606960b8f9d20e4fca3172a738

(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.

9b21bbba073b61a258f89d31708ada27866c7d97574fccdd129486931fa49601

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 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 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.

4dd9fb248e69b0cf9c3fcf391213ae2d8e935171d288b6d8ee779efd9adbf63b

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).
CHEMICALS

9997f93194fbb428f0bde5aeb65e147f0ae2c096f9c418096b95a8503b446346

(a) In General.--Section 102(39) of the Controlled Substances Act
(21 U.S.C. 802(39)) is amended--
(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.''.
(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 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 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
(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 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 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 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 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 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.

af9b26564abcbf9562ba09c1e6fe15cbf4060a50213ad81d3e5318b6b4c9f435

TITLE IV

-LEGAL MANUFACTURE, DISTRIBUTION, AND SALE OF PRECURSOR

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) 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.''.

456fe20db9849457b64e2140c18f48ef58e3ae608b29d8deeb6f82285dad8e8d

(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 Federal Advisory Committee Act (5 U.S.C. App. 2)
shall apply to the interagency task force.
(f) Termination.--The interagency task force shall terminate 4
years after the date of enactment of this Act.

cdb28f1283ef2bf7b0f25dc105f5a9b666b4494c4f686316a43e68538357f1f6

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.

f51c2bf37f96e5405cf1c332062762860a441a3e15442103fcad706df445d983

(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.

8ce5f298d5222531dee5db90f3156af8a93f783721375ed0bca7bc94904638a3

(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.
(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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

3974fe9cffaee4ddfe62831489335c424a4a12bf6d32370ebd63b57cce1f9049

Comprehensive Methamphetamine Control Act of 1996

Other Sections

TITLE I

TITLE II

TITLE III

TITLE V

TITLE IV

Want the full experience?