[Pages S10717-S10723]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

COMPREHENSIVE METHAMPHETAMINE CONTROL ACT OF 1996

Mr. McCAIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 566, S. 1965,
which was introduced earlier by Senator Hatch.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.

A bill (S. 1965) to prevent the illegal manufacturing and
use of methamphetamine.

The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill.
Mr. HATCH. Mr. President, a number of us have spent countless hours
trying to devise a plan to turn back the dreadful tide of
methamphetamine abuse which is now beginning to flow westward across
the United States, threatening to engulf both cities and rural areas.
We have now crafted such a plan, a bipartisan plan which meets those
goals, we have introduced as S. 1965, the Comprehensive Methamphetamine
Control Act of 1996.
I rise to ask my colleagues' support for this legislation and for the
amendments to that bill that have allowed it to win near unanimous
support.

[[Page S10718]]

Mr. President, we have all seen the recent alarming reports
indicating that drug abuse has increased during the tenure of the
Clinton administration.
Today, the Congress can take an important step to curb our nation's
recent backsliding on the drug issue.
I am proud to point out that this is a bipartisan measure--I think
this is how drug policy should be made--and I wish to thank all of our
cosponsors: Senators Biden; Grassley; Feinstein; Wyden; Daschle;
DeWine; Specter; D'Amato; Harkin; Ashcroft; Reid; Kyl; Feingold; and
McCain.
I wish to thank especially the ranking member of the Judiciary
Committee, Mr. Biden, for his help in developing this legislation.
I can report to my colleagues in the Senate that the House Judiciary
Committee is also at hard work on this issue--they have a markup
scheduled for tomorrow--so I think it is very possible, indeed highly
probable, that we will send a bill to the President before adjournment.
That time cannot come soon enough.
Two weeks ago, I testified before the House Judiciary's Subcommittee
on Crime, which held a hearing on the meth epidemic. I was encouraged
at that hearing by the efforts of Chairman McCollum and Representatives
Heineman, Schumer and Fazio, who are working with us to get a bill we
can all endorse.
We developed this bill in close consultation with the Department of
Justice and the Drug Enforcement Administration. Indeed, General
McCaffrey, Director of the Office of National Drug Control Policy, has
testified before the Judiciary Committee that he supports our
legislation, so I am certain that the President will sign the bill once
the House completes it work on this measure.

Frankly, it is time for this administration to show that the war
against drugs is a top national priority. A responsibility of those in
leadership positions is to give first attention to the most important
problems and this is certainly one.
Mr. President, meth is a killer. We know that meth-related deaths are
up dramatically from 151 in 1991 to 433 in 1994.
We know that methamphetamine-related hospital admissions are up about
300 percent in the last 5 years.
Seizures or illegal meth labs are up all over the country and even in
my home State of Utah. Illicit lab seizures in Utah increased from 13
in 1994 to 56 in 1995. In 1996, there have already have been 40 meth
lab seizures in my State.
Given this pernicious trend, the time to act is now. We must act in a
comprehensive fashion and that is what this bill does.
S. 1965 increases the penalties for illegal manufacture and
distribution of methamphetamine and its precursors chemicals. It also
increases penalties for illegal possession of and trafficking in
illicit methamphetamine.
In a careful balance, S. 1965 also reduces single transaction
reporting requirements for sales of over-the-counter pseudoephedrine
and phenylpropanolamine products to 24 grams. At the same time, our
proposal creates a safe harbor for legitimate cough and cold products
sold in blister packs at the retail level at quantities of up to 3
grams.
The Comprehensive Methamphetamine Control Act establishes new
reporting requirements for firms selling these products through the
mail, since law enforcement officials have found that mail order sales
are a significant source of diversion.
I believe that education and research are key to efforts to stop drug
abuse, and our bill contains a separate title which makes them a top
priority.
The bill creates an interagency task force on the methamphetamine
epidemic which will coordinate efforts across the Government. It
requires that the Secretary of Health and Human Services develop a
public health monitoring program, which will collect and disseminate
data which can be used in policy development.
The bill also established a public-private education program, an
advisory panel of Federal, State and local law enforcement and
regulatory agencies with experience in investigating and prosecuting
illegal transactions of precursor chemicals.

As I have said, Mr. President, this bill is the product of long and
hard negotiations among many parties.
None of us are completely comfortable with every provision, but taken
as a whole we are confident the bill will meet our common goal.
An important component of the bill we introduced, as well as the
Clinton administration's proposal, were mandatory minimum sentences for
meth dealers. The bill we pass today does not contain those ``mandatory
minimums,'' due to adoption of the Kennedy-Simon amendment.
From my perspective, the Kennedy-Simon language on sentencing will
not be as effective as the mandatory minimums that were contained in
the original version of the bill. My colleagues should note that this
bill would not have passed without our accepting the Kennedy-Simon
amendment. The sponsors of this amendment were rather clear in
expressing their desire to keep this bill from passing by unanimous
consent without the change embodied in their amendment. In the 105th
Congress, it is my intention to pursue enactment of these penalties. In
the interest of passing a bill in an expeditious fashion, I have
reluctantly agreed to accept the Kennedy-Simon amendment.
Another troublesome aspect of the compromise is the manner in which
combination ephedrine products are treated. In the bill we are about to
adopt, such products are treated differently than pseudoephedrine or
phenylpropanolamine products. The chief difference is that the
combination ephedrine products are not permitted to take advantage of
the 3 gram, blister pack rule that is afforded to pseudoephedrine and
phenylpropanolamine products.
I do not know of, and understand that the Drug Enforcement Agency
does not know of, any public policy justification for this difference
in treatment of products. One possible--perhaps likely--result will be
to decrease the public's legitimate access to these products. I think
this is unfortunate, and I hope this provision can be revisited.
I would also like to comment on a few of the changes we made in the
bill after its introduction. These changes are embodied in the Hatch-
Biden-Wyden-Grassley-Feinstein technical correction amendment.
One such change, which I believe is a significant improvement, is to
provide guidance of what evidence the Department of Justice may use in
examining whether the safe harbor provisions that affect certain
products--those products sold in blister packs in quantities of 3 grams
or less--are being diverted. We have clarified that isolated or
infrequent use, or use of small quantities of these products, cannot be
used to close the 3 gram, blister pack safe harbor for pseudoephedrine
and phenylpropanolamine products.
As we crack down on those who make and sell illegal drugs we must
also balance the interests of the millions of our citizens who benefit
from legitimate over-the-counter drug products. Only if there is solid
evidence of systemic abuse of 3 gram, blister pack retail sales should
any further steps be taken that would impede the ability of ordinary,
law-abiding Americans to have access to safe and effective cold
remedies upon which they have come to rely.
We must give the safe harbor provisions a fair test, and that is why
the revised bill requires consultation with the Secretary of Health and
Human Services and departmental reporting to Congress if the Justice
Department believes the safe harbor should be breached.
Make no mistake about it, without the 3 gram, blister pack provision,
many legitimate distributors of over-the-counter products would likely
choose not to offer pseudoephedrine and phenylpropanolamine products.
This is so because without this safe harbor language legitimate
distributors of these over-the-counter products risk triggering the
reporting and record keeping provisions and criminal sanctions that are
attendant to regulated sales.
At the request of the DEA, we included two important provisions. One
makes the effective date of the so-called ``safe harbor'' provision
effective for products on the shelf one year after enactment. The
original bill had an effective date for products initially introduced
into interstate commerce

[[Page S10719]]

prior to 9 months after the date of enactment.
The other provision allows the DEA to begin immediately upon
enactment to collect data used to determine if the safe harbor
provision should not be retained.
I would also like to comment on another critical provision of the
Hatch-Biden-Wyden-Grassley-Feinstein amendment, which is that it takes
the unusual step of legislatively overriding a regulation. This
provision was made necessary due to the fact that, on August 7, 1996,
the DEA promulgated a final rule with respect to certain
pseudoephedrine products.

The DEA had been involved, almost daily, in the negotiations over the
development of the bill prior to promulgation of this final rule. I
take the unilateral action on the part of the DEA to issue that rule--
without any notice to the relevant committees--to be unfortunate
bureaucratic judgment or a snafu.
I have accepted the assurances of DEA Administrator Tom Constantine
that this was an inadvertent error and that such failure to
communicate, particularly when it could jeopardize good faith work
toward a common goal, will not occur in the future.
As chairman of the Judiciary Committee, I plan to continue to work
closely with the DEA and Department of Justice as we plan, implement,
and oversee our Nation's battle against drug abuse. It is important
that we work together.
Finally, as a result of testimony at the House hearing, we have added
two provisions to the bill. One allows the effective date to be
extended up to 6 months at the sole discretion of the administration.
The second allows manufacturers to petition for reinstatement from the
legal drug exemption; the Attorney General may grant such an exemption
if she finds that the product is manufactured and distributed in a
manner which prevents diversion.
On balance, I think that these provisions represent a reasonable
compromise.
We have all strived to keep in mind our topmost goal: curbing
methamphetamine abuse. The bill we are considering today meets that
goal. It is comprehensive, it is tough, and it is much needed.
I hope that we will approve the amended version of S. 1965 quickly,
so that the House may consider the measure, and we can move it swiftly
downtown to the President for his signature.
Mr. BIDEN. Mr. President, the story of our failure to foresee--and
prevent--the crack cocaine epidemic is one of the most significant
public policy mistakes in modern history. Although warning signs of an
outbreak flared over several years, few took action until it was too
late.
We now face similar warning signs with another drug--methamphetamine.
Without swift action now, history may repeat itself.
In July, Senator Hatch and I, along with Senators Feinstein,
Feingold, Daschle, Grassley, Specter, Harkin, Wyden, D'Amato, Kyl,
Reid, Ashcroft, McCain, and DeWine introduced legislation to address
this new emerging drug epidemic before it is too late.
Within the past few years the production and use of methamphetamine
have risen dramatically. Newspaper and media reports over the past few
months have highlighted these increases. I have been tracking this
development and pushing legislation to increase Federal penalties and
strengthen Federal laws against methamphetamine production,
trafficking, and use since 1990.
And what I and others have found is alarming:
From 1991 through 1994 methamphetamine related emergency room
episodes increased 256 percent--the increase from 1993 to 1994 alone
was 75 percent--with more than 17,000 people overdosing and being
brought to the emergency room because of methamphetamine.
A survey of high school seniors, which only measures the use of
``ice''--a fraction of the methamphetamine market--found that in 1995
86,000 12th graders had used ice in the past year, 39,000 had used it
in the past month, and 3,600 reported using ice daily. This same survey
found that only 54 percent of high school seniors perceived great risk
in trying ice--down from 62 percent in 1990. And 27 percent of these
children said it would be easy for them to get ice if they wanted it.
The cause for concern over a methamphetamine epidemic is further
fueled by drug-related violence--again something we saw during the
crack era--that we can expect to flourish with methamphetamine as well.
Putting the problem in perspective, drug experts claim that ``ice
surpasses PCP in inducing violent behavior.''
In addition to the violence--both random and irrational--associated
with methamphetamine users, there is also the enormous problem of
violence among methamphetamine traffickers and the environmental and
life-threatening conditions endemic in the clandestine labs where
methamphetamine is produced.
The bill the Senate is considering addresses all of the dangers of
methamphetamine and takes bold actions to stop this potential epidemic
in its tracks. Specifically, the Hatch-Biden methamphetamine
enforcement bill will take six major steps toward cracking down on
methamphetamine production, trafficking, and use, particularly use by
the most vulnerable population threatened by this drug--our young
people.
First and foremost, we increase penalties for possessing and
trafficking in methamphetamine.
Second, we crack down on methamphetamine producers and traffickers by
increasing the penalties for the illicit possession and trafficking of
the precursor chemicals and equipment used to manufacture
methamphetamine.
Third, we increase the reporting requirements and restrictions on the
legitimate sales of products containing these precursor chemicals in
order to prevent their diversion, and we impose even greater
requirements on all firms which sell these product by mail. This
includes the use of civil penalties and injunctions to stop
``legitimate'' firms from recklessly providing precursor chemicals to
methamphetamine manufacturers.
Fourth, we address the international nature of methamphetamine
manufacture and trafficking by coordinating international enforcement
efforts and strengthening provisions against the illegal importation of
methamphetamine and precursor chemicals.
Fifth, we ensure that methamphetamine manufacturers who endanger the
life on any individual or endanger the environment while making
methamphetamine will receive enhanced prison sentences.
Finally, we require Federal, State, and local law enforcement and
public health officials to stay ahead of any potential growth in the
methamphetamine epidemic by creating national working groups on
protecting the public from the dangers of methamphetamine production,
trafficking, and abuse.
The Hatch-Biden bill addresses all of these needs with a fair balance
between the needs of manufacturers and consumers of legitimate products
which contain methamphetamine precursor chemicals and the need to
protect the public by instituting harsh penalties for any and all
methamphetamine-related activities.
This legislation is the crucial, comprehensive tool we need to stay
ahead of the methamphetamine epidemic and to avoid the mistakes made
during the early stages of the crack-cocaine explosion.
I want to thank Senator Hatch and my other colleagues who share my
desire to move now on the problem of methamphetamine. I also want to
thank the Clinton administration, which also was determined to act now
on this issue and worked with us in developing several of the
provisions in this bill.
I urge all my colleagues to join us in protecting our children and
our society from the devastations of methamphetamine by supporting this
vital legislation.
Mr. WYDEN. Mr. President, I rise as an original cosponsor of the
Comprehensive Methamphetamine Control Act of 1996, S. 1965, to urge its
swift enactment.
Today, the Senate is telling drug dealers that we aren't going to let
methamphetamine become the crack of the 1990s. By passing the
Comprehensive Methamphetamine Control Act, the Senate is taking
decisive action to

[[Page S10720]]

stem the tide of the methamphetamine epidemic that has sunk its claw
into communities in Oregon and across the Nation.
I do not believe we are acting a moment too soon. Last year in
Oregon, 52 deaths were tied to methamphetamine. By comparison, Oregon's
Office of Alcohol and Drug Abuse Programs reported that there was only
one meth-related death in 1991. Meth-related arrests are rising across
my State: Over the last 5 years in Jackson County, meth-related
violations rose 1,100 percent, while in Malheur County, meth-related
arrests jumped 110 percent from 1993 to 1994. In Portland, police
seizures of meth increased 145 percent from 1994 to 1995.
Since this bill was introduced in June, I have met with Oregonians
from across the State who have told me about the need for a tough
Federal response to the meth crisis. In Medford, I attended a
Methamphetamine Awareness Conference, where law enforcement officials
joined with public health experts and other social service providers to
discuss the need for a comprehensive approach to the meth problem. In
Portland, I convened a round table so law enforcement officials from
across the State could focus on how Federal, State, and local law
enforcement can come together to take on the methamphetamine crisis.
Everywhere I go, the refrain is the same--the problem is growing, as is
its grip on our communities.
The Comprehensive Methamphetamine Control Act will aid in turning the
tide against the methamphetamine menace by giving law enforcement much
needed new tools to combat this deadly drug.
The legislation goes after the source of the methamphetamine
problem--the precursor chemicals, often found in legal, over-the-
counter drug products, which are used to manufacture methamphetamine
and its ugly cousin, amphetamine. While still allowing consumers access
to many helpful and commonly used products containing the precursor
chemicals, the bill will place significant restrictions on the bulk
sale of the chemicals, both through the mail and over the counter. The
legislation will also increase the penalties for the illegal possession
and trafficking of the precursor chemicals and the equipment used to
manufacture the controlled substances and will allow law enforcement
increased flexibility to obtain injunctions to stop the illegal
production and sale of precursor chemicals.
This legislation addresses the international trafficking in precursor
chemicals by imposing a maximum 10-year penalty on the manufacture
outside the United States of precursor chemicals with the intent to
import the chemical into this country.

Back at home, the bill will increase penalties for those convicted of
possessing and trafficking in methamphetamine. Penalties for
methamphetamine trafficking have been too low for too long, and I hope
the enhanced penalties will make drug dealers think twice before they
peddle their poison. The bill will also ensure that methamphetamine
manufacturers who put the life of any person at risk or endanger the
environment will receive longer prison sentences.
Finally, I think that all our efforts at enforcing penalties against
traffickers and users are going to be for naught unless we work to get
at the root of the problem, which is the addiction to this deadly
substance. I am pleased that this legislation will expand education,
treatment and research activities related to methamphetamine.
While the Comprehensive Methamphetamine Control Act will make a
difference in the battle against this deadly drug, there should be no
doubt that we will all need to remain engaged so we can counter the
challenges posed by the methamphetamine crisis and by other illegal
drugs, which are eating away at our Nation's youth.
I commend the fine bipartisan effort that went into crafting this
bill. My colleagues, led by Chairman Hatch and Senators Biden and
Feinstein, deserve praise for their commitment and cooperation on this
matter. As we all seek to stamp out drug abuse in this country, I hope
the partisan spirit that permeated this bill can be a harbinger of good
things to come.
Mr. DASCHLE. Mr. President, I rise in support of this important and
much-needed bill. Law enforcement officers in my state of South Dakota
know firsthand the serious impact the use of methamphetamines or
``meth'' has had on the State. Easily made from legally available
chemicals--indeed, instructions for manufacturing the drug can be found
on the Internet--meth is relatively cheap because local manufacturing
eliminates the need for illegal smuggling. Highly addictive and capable
of producing sharp personality alterations, violent episodes, and brain
damage in users, the drug imposes a tremendous cost on our communities,
families and law enforcement resources.
Methamphetamines have been linked with several violent crimes in
South Dakota. In the last year, a contract-killing and a murder-suicide
were both attributable to use of this drug. The DEA has registered an
increase in the percentage of arrests due to meth in South Dakota from
around 20 percent of the total arrest rate to 70 percent. And users
often harm themselves as well. From 1991 through 1994, emergency room
episodes caused by use of this drug increased 256 percent nationwide.
This bill addresses this emerging drug epidemic by increasing Federal
penalties and strengthening Federal laws against production,
trafficking and use of methamphetamines; increasing penalties for
illicit possession and trafficking of precursor chemicals and equipment
used to make the drug; increasing reporting requirements and
restrictions on legitimate sales of products containing these precursor
chemicals to prevent their diversion to illegal use; and strengthening
provisions against illegal importation of methamphetamine and precursor
chemicals.
I urge my colleagues to provide needed tools to our law enforcement
officers by joining the fight against this dangerous drug. We should
and we must pass this bill.
Mr. FEINGOLD. Mr. President, I rise today in support of S. 1965, the
Comprehensive Methamphetamine Control Act of 1996. I am pleased to join
many of my colleagues from the Judiciary Committee, including Chairman
Hatch and the ranking member, Senator Biden, as a cosponsor of this
legislation.
This bill is an important step in attempting to halt the spread of
methamphetamine across this Nation. Methamphetamine is a dangerous
synthetic drug which stimulates the central nervous system and can lead
to such unfortunate consequences, as death, violent and uncontrollable
behavior and severe depression. Methamphetamine is similar to another
synthetic drug which appeared in my home State of Wisconsin in the
recent past, methcathinone or cat as it is commonly known. Thankfully,
through the hard work of law enforcement, both Federal and local,
throughout the upper Midwest, it appears that methcathinone remains a
relatively isolated problem. In contrast, however, the use of
methamphetamine appears to be spreading.
While use of methamphetamine creates responses similar to that of
crack cocaine, reactions to methamphetamine have been far more severe
and longer in duration than those of crack or cocaine. Furthermore, in
recent years the purity of this drug has increased, thus enhancing the
potential for violent reactions among its users. The consequences of
this are serious, not only for the user, but for society as well. Drug
abuse can often lead to crime or violent behavior, possibilities which
may be amplified when methamphetamine is involved. A recent national
conference of Federal, State and local law enforcement indicated that
law enforcement must become prepared to deal with more violent
offenders who have abused methamphetamine.
The re-emergence of this drug can be traced to the early 1990's when
Mexican drug traffickers began to increase their production and
importation of methamphetamine in the United States. Although
originally produced primarily in Mexico, the clandestine labs which
generate methamphetamine have begun to appear in this nation.
Initially, the devastating presence of this drug was largely restricted
to the Western United States, predominately in California and Arizona.
For the period of 1991 through 1994, methamphetamine related deaths
increased by 176

[[Page S10721]]

percent for the cities of Los Angeles, Phoenix, San Diego, and San
Francisco. In the city of Phoenix the number of methamphetamine related
emergency room incidents increased by 370 percent for that same 4-year
period. Nationwide, the number of emergency room incidents increased
350 percent from 1991 to 1994. While originally restricted to the
western part of the United States, it appears that the drug has begun
an eastward migration to parts of the Midwest. Mr. President, there can
be no doubt that the consequences of using this drug are serious. We
must take steps to address this growing problem and this legislation
does just that.
S. 1965 includes provisions to strengthen and enhance penalties for
the trafficking of methamphetamine. It increases penalties for the
illegal possession and trafficking of precursor chemicals, those
chemicals which are used to produce this deadly drug. The bill
increases penalties for the illegal manufacture and possession of
equipment used to construct the clandestine labs which generate
methamphetamine and other controlled substances. Another troubling
facet of this drug, which this bill addresses, is that the labs which
produce this drug often pour volatile and lethal chemicals into the
environment. This bill increases the penalties for those individuals
who endanger the lives of innocent people and law enforcement as well
as threaten the environment by operating these labs.
Because many of the components of methamphetamine are products which
are otherwise legally available, the bill tightens restrictions on the
sale and importation of the precursor chemicals used by methamphetamine
traffickers. It enhances reporting requirements for pseudoephedrine or
phenylpropanolamine, both important components in the production of
methamphetamine. In short, Mr. President, in addition to punishing
those individuals who market in this deadly drug, the bill addresses
the important issue of regulating precursor chemicals which are
essential to drug traffickers. Finally Mr. President, this legislation
establishes an interagency task force to visit the growing problem of
methamphetamine abuse and develop and implement a national strategy of
education, prevention, and treatment. Further, the Secretary of Health
and Human Services is charged with monitoring the level of
methamphetamine abuse in the United States in order to assist public
health officials in developing responses to this problem.
Clearly, Mr. President, the problems of drug which confront this
Nation are complex and challenging. It will require a long-term
commitment by all of us. We must coordinate law enforcement and tough
sanctions with effective and adequately funded education, prevention
and treatment initiatives. This legislation is clearly just one portion
of what must be a larger approach to the issue of drug abuse, but it
is, in my opinion, an important and necessary step in addressing the
consequences of methamphetamine. I want to again thank the Senator from
Delaware, Senator Biden, and Senator Hatch for their leadership on this
bill. I am proud to join them in this effort and pleased that the
Senate has chosen to adopt this important legislation.
Mr. HARKIN. Mr. President, as an original cosponsor of the
Comprehensive Methamphetamine Control Act, I am pleased that the Senate
is acting quickly to take this important step in our fight against
drugs. Meth is destroying lives, families, and communities across Iowa
and across the country. Just last week Des Moines police reported that
marijuana use in the city is on the rise and that the increase is being
driven by the popularity of methamphetamine. For Iowa, and many other
States, this bill passage of this legislation can't come fast enough.
As Iowa's new drug of choice, meth has left no part of our State
untouched. In a word, meth is poison. This dangerous and popular drug
is cheap and easy to access. In Iowa, the street price for one gram of
meth is $100, similar to that of cocaine. However, unlike cocaine whose
effects last about 20 minutes, one quarter of a gram of meth will last
about 12 to 14 hours. A leading Iowa doctor referred to meth as ``the
most malignant, addictive drug known to mankind.''
There is no doubt that the time for this legislation is now. Federal
methamphetamine investigations have doubled and meth arrests have more
than tripled over the past 2 years. The Division of Iowa Narcotics
Enforcement reported a nearly 400 percent increase in meth seizures in
a one year period. And in our largest city, Des Moines, meth seizures
increased more than 4,000 percent.
The legislation we are passing today takes bold actions to help
States like Iowa fight back. The Comprehensive Methamphetamine
Enforcement Act stiffens penalties for the possession and trafficking
of this deadly poison and cracks down on producers and traffickers by
increasing penalties for the illicit possession of the chemicals and
equipment used to manufacture methamphetamine. The bill increases
restrictions and reporting requirements on companies who supply the
ingredients for its production and creates national working groups
comprised of public health officials and local law enforcement to
develop strategies to continue to fight this budding epidemic.
Iowans have worked hard to cultivate a good quality of life. They
have worked hard to make their communities a place to raise a family, a
safe place, a decent place. But meth producers and dealers are peddling
poison and wreaking havoc on small towns and communities across our
State.
I appreciate the efforts of Senators Hatch and Biden, the chair and
ranking member of the Senate Judiciary Committee and look forward to
working with them to ensure this legislation gets to the President this
year.

Amendments Nos. 5365 and 5366, En Bloc

Mr. McCAIN. I understand that there are two amendments at the desk,
one submitted by Senator Hatch and one submitted by Senator Kennedy.
I ask for their consideration en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:

The Senator from Arizona (Mr. McCain), proposes amendments
numbered 5365 and 5366, en bloc.

The amendments (Nos. 5365 and 5366), en bloc, are as follows:

amendment no. 5365

(Purpose: To make certain technical and conforming amendments)

On page 9, line 2, strike ``or facilitate to manufacture''
and insert ``or to facilitate the manufacture of''.
On page 10, line 8, strike ``importation requirements'' and
insert ``importation and exportation requirements''.
On page 11, line 9, strike the comma after ``item''.
On page 11, line 12, strike beginning with ``For purposes''
through line 21 and insert ``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.'.''.
On page 14, line 24, strike ``Iso safrole'' and insert
``Isosafrole''.
On page 15, between lines 5 and 6, add the following:

SEC. 210. 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.
On page 21, line 23, strike beginning with ``, except
that'' through ``transaction'' on page 22, line 6, and insert
``, 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''.
On page 22, line 8, strike ``abuse'' and insert
``offense''.
On page 23, strike lines 1 through 14 and insert the
following:
``(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.
On page 24, line 12, strike ``The'' and insert the
following: ``Pursuant to subsection (d)(1), the''.
On page 25, line 17, strike ``effective date of this
section'' and insert ``date of enactment of this Act''.

[[Page S10722]]

On page 26, line 1, after ``being'' insert ``widely''.
On page 26, line 4, strike ``in bulk'' and insert ``for
distribution or sale''.
On page 27, line 15, strike ``effective date of this
section'' and insert ``date of enactment of this Act''.
On page 28, between lines 19 and 20, insert the following
and redesignate the following paragraphs accordingly:
(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.
On page 29, between lines 14 and 15, insert the following:
(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.
On page 29, line 15, strike ``(f)'' and insert ``(g)''.
On page 29, line 17, strike all beginning with ``over-the-
counter'' through line 20 and insert ``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.''
On page 35, line 5, after ``funds'' insert ``or
appropriations''.
____

amendment no. 5366

(Purpose: To provide enhanced penalties for offenses involving certain
listed chemicals)

Strike sections 301 and 302 and insert the following:

SEC. 301. PENALTY 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 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.
On page 2, strike out the items relating to sections 301
and 302 and insert the following:

Sec. 301. Penalty increases for trafficking in methamphetamine.
Sec. 302. Enhanced penalties for offenses involving certain listed
chemicals.

Mr. McCAIN. I ask unanimous consent that the amendments be considered
read, and agreed to, the bill be deemed read a third time, passed, the
motion to reconsider be laid upon the table, and that any statements
relating to the bill be placed at the appropriate place in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments (Nos. 5365 and 5366) en bloc were agreed to.
The bill (S. 1965), as amended, was deemed read a third time and
passed.
(The text of the bill will be printed in a future edition of the
Record.)
Mr. GRASSLEY. Mr. President, today I am pleased to say that S. 1965--
what we call the meth bill--has finally passed. I want to thank all
Members for letting this important piece of legislation get through the
Senate.
S. 1965, a bipartisan bill, takes aim at a rapidly growing problem in
America and in Iowa--the abuse of methamphetamine, known on the street
as ``meth'' or ``crank.''
I am from Iowa--a rural state which most people do not associate with
rampant crime or drug use. But in Iowa today, meth use has increased
dramatically. According to a report prepared by the Governor's Alliance
on Substance Abuse, seizures of meth in Des Moines increased an
astounding 4,000 percent from 1993 to 1994. I repeat: meth seizures in
Des Moines increased by 4,000 percent. The increase statewide was 400
percent.
These numbers are scary, Mr. President.
And according to the Iowa Department of Public Health, 7.3 percent of
Iowans seeking help from substance abuse treatment centers in 1995
cited meth as their primary addiction. That's up over 5 percent from
1994, when only 2.2 percent cited meth as their primary addition.
Why has meth become such a problem? I don't think anyone knows
definitively, but experts have been able to identify some of the
reasons.
Meth is cheap. A meth high lasts for a very, very long time, so you
get more

[[Page S10723]]

for your money. And perhaps most disturbingly, meth does not have the
stigma associated with cocaine and crack. Kids know that crack is
dangerous. But they haven't yet learned that meth is.
In Waterloo, Iowa, though, people are beginning to learn this sad and
painful lesson. According to the New York Times, a 17-year-old Iowan
who had been a good boy, descended into meth addiction. His behavior
changed for the worse. Last October, this young man checked himself
into the hospital because he believed that he had the flu. He died only
days later because meth had so destroyed his immune system that he
developed a form of meningitis. I'll never forget the words of this
boy's mother: ``He made some wrong decisions and this drug sucked him
away.'' I wonder how many more young Americans are going to be ``sucked
away'' before we get a handle on the meth problem.

Mr. President, what America is facing today with the explosion in
meth use is nothing short of an epidemic. Meth is cheap and easily
manufactured from commonly available chemicals. Today, the Senate is
striking at the root of the problem: Chemical suppliers who sell
chemicals to illegal meth labs. The harder it is for criminal chemists
to get the raw material to make meth, the more difficult it will be to
produce. This in turn will make it more expensive. And this will reduce
consumption. And that will help keep our kids alive a little longer.
Importantly, this bill preserves the flexibility of States to enact
their own laws to deal with the manufacture of meth. Some very powerful
chemical companies have tried to weaken this bill by preempting the
States. I think that is just wrong-headed and I am pleased that the
Senate has rejected this effort.
Some of the chemical companies also tried to create so-called safe
harbors so large that enormous bulk purchases of meth ingredients would
never have to be reported to the DEA. That means criminals could go to
the corner drugstore, purchase legal products like pseudoephedrine in
large quantities and make poison with no one the wiser. And then that
poison is sold to our kids.
While the Senate has had to make some compromises I wouldn't have
wanted to make in a perfect world--like the blister-pack exception for
pseudoephedrine--I think that this bill represents a major step
forward.
This is a good, strong bill and I'm proud that it has passed.
Finally, Mr. President, I especially want to take my hat off to
Senator Feinstein for her work on this bill. More than any other
Senator, Dianne Feinstein worked tirelessly to make sure that we could
get the strongest possible meth bill. I just want the American people
to know what a tremendous job she's done.
Mr. President, in the 1980's, we almost lost a generation to crack
and powder cocaine. Let's not get that close to the edge again. I'm
proud that the Senate today has stood up to the chemical companies,
stood up to the drug dealers and passed this crucial piece of
legislation.

____________________