Text: S.1428 — 106th Congress (1999-2000)All Bill Information (Except Text)

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Introduced in Senate (07/22/1999)

 
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 1428 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1428

 To amend the Controlled Substances Act and the Controlled Substances 
 Import and Export Act relating to the manufacture, traffick, import, 
 and export of amphetamine and methamphetamine, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 1999

  Mr. Hatch (for himself, Mrs. Feinstein, Mr. DeWine, Mr. Biden, Mr. 
 Thurmond, Mr. Bond, Mr. Smith of Oregon, Mr. Helms, Mr. Reid, and Mr. 
Bryan) introduced the following bill; which was read twice and referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Controlled Substances Act and the Controlled Substances 
 Import and Export Act relating to the manufacture, traffick, import, 
 and export of amphetamine and methamphetamine, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Methamphetamine Anti-Proliferation 
Act of 1999''.

SEC. 2. MANUFACTURING AND DISTRIBUTION OF AMPHETAMINE.

    (a) Manufacture or Distribution of Substantial Quantities of 
Amphetamine.--Subparagraph (A) of section 401(b)(1) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)) is amended--
            (1) by striking ``or'' at the end of clause (vii);
            (2) by adding ``or'' at the end of clause (viii); and
            (3) by inserting after clause (viii) the following new 
        clause:
            ``(ix) 50 grams or more of amphetamine, its salts, optical 
        isomers, and salts of its optical isomers or 500 grams or more 
        of a mixture or substance containing a detectable amount of 
        amphetamine, its salts, optical isomers, or salts of its 
        optical isomers;''.
    (b) Manufacture or Distribution of Lesser Quantities of 
Amphetamine.--Subparagraph (B) of such section 401(b)(1) is amended--
            (1) by striking ``or'' at the end of clause (vii);
            (2) by adding ``or'' at the end of clause (viii); and
            (3) by inserting after clause (viii) the following new 
        clause:
            ``(ix) 5 grams or more of amphetamine, its salts, optical 
        isomers, and salts of its optical isomers or 50 grams or more 
        of a mixture or substance containing a detectable amount of 
        amphetamine, its salts, optical isomers, or salts of its 
        optical isomers;''.

SEC. 3. IMPORT AND EXPORT OF AMPHETAMINE.

    (a) Import or Export of Substantial Quantities of Amphetamine.--
Paragraph (1) of section 1010(b) of the Controlled Substances Import 
and Export Act (21 U.S.C. 960(b)) is amended--
            (1) by striking ``or'' at the end of subparagraph (G);
            (2) by striking the period at the end of subparagraph (H) 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (H) the following new 
        subparagraph:
            ``(I) 50 grams or more of amphetamine, its salts, optical 
        isomers, and salts of its optical isomers or 500 grams or more 
        of a mixture or substance containing a detectable amount of 
        amphetamine, its salts, optical isomers, or salts of its 
        optical isomers;''.
    (b) Import or Export of Lesser Quantities of Amphetamine.--
Paragraph (2) of such section 1010(b) is amended--
            (1) by striking ``or'' at the end of subparagraph (G);
            (2) by striking the period at the end of subparagraph (H) 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (H) the following new 
        subparagraph:
            ``(I) 5 grams or more of amphetamine, its salts, optical 
        isomers, and salts of its optical isomers or 50 grams or more 
        of a mixture or substance containing a detectable amount of 
        amphetamine, its salts, optical isomers, or salts of its 
        optical isomers;''.

SEC. 4. ENHANCED PUNISHMENT OF METHAMPHETAMINE AND AMPHETAMINE 
              LABORATORY OPERATORS.

    (a) Federal Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend the Federal sentencing 
        guidelines in accordance with paragraph (2) with respect to any 
        offense relating to the manufacture, import, export, or 
        traffick in amphetamine or methamphetamine (including an 
        attempt or conspiracy to do any of the foregoing) in violation 
        of--
                    (A) the Controlled Substances Act (21 U.S.C. 801 et 
                seq.);
                    (B) the Controlled Substances Import and Export Act 
                (21 U.S.C. 951 et seq.); or
                    (C) the Maritime Drug Law Enforcement Act (46 
                U.S.C. App. 1901 et seq.).
            (2) Requirements.--In carrying out this subsection, the 
        United States Sentencing Commission shall, with respect to each 
        offense described in paragraph (1)--
                    (A) increase the base offense level for the offense 
                so that the base offense level is the same as the base 
                offense level applicable to an identical amount of 
                methamphetamine; or
                    (B) if the offense created a substantial risk of 
                danger to the health and safety of a minor or 
                incompetent, increase the base offense level for the 
                offense by not less than 6 offense levels above the 
                level established under subparagraph (A).
            (3) Emergency authority to sentencing commission.--The 
        United States Sentencing Commission shall promulgate amendments 
        pursuant to this subsection as soon as practicable after the 
date of the enactment of this Act in accordance with the procedure set 
forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100-
182), as though the authority under that Act had not expired.
    (b) Effective Date.--The amendments made pursuant to this section 
shall apply with respect to any offense occurring on or after the date 
that is 60 days after the date of the enactment of this Act.

SEC. 5. ADVERTISEMENTS FOR DRUG PARAPHERNALIA AND SCHEDULE I CONTROLLED 
              SUBSTANCES.

    (a) Drug Paraphernalia.--Section 422 of the Controlled Substances 
Act (21 U.S.C. 863) is amended--
            (1) in subsection (a)(1), by inserting ``, directly or 
        indirectly advertise for sale,'' after ``sell''; and
            (2) by adding at the end the following:
    ``(g) In this section, the term `directly or indirectly advertise 
for sale' includes the use of any communication facility (as that term 
is defined in section 403(b)) to post, publicize, transmit, publish, 
link to, broadcast, or otherwise advertise any matter (including a 
telephone number or electronic or mail address) knowing that such 
matter has the purpose of seeking or offering, or is designed to be 
used, to receive, buy, distribute, or otherwise facilitate a 
transaction in.''.
    (b) Schedule I Controlled Substances.--Section 403(c) of such Act 
(21 U.S.C. 843(c)) is amended--
            (1) in the first sentence, by inserting before the period 
        the following: ``, or to directly or indirectly advertise for 
        sale (as that term is defined in section 422(g)) any Schedule I 
        controlled substance''; and
            (2) in the second sentence, by striking ``term 
        `advertisement''' and inserting ``term `written 
        advertisement'''.

SEC. 6. CONTINUING CRIMINAL ENTERPRISES.

    Section 408 of the Controlled Substances Act (21 U.S.C. 848) is 
amended--
            (1) in subsection (c)(2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``violations of'' and inserting ``3 or more 
                acts made punishable by''; and
                    (B) in subparagraph (A), by striking ``are'' and 
                inserting ``series is''; and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) This section may not be construed to require, in any trial 
before a jury, unanimity as to the identities of--
            ``(1) the predicate acts specified in subsection (c)(2); or
            ``(2) the other persons specified in subsection 
        (c)(2)(A).''.

SEC. 7. MANDATORY RESTITUTION FOR VIOLATIONS OF CONTROLLED SUBSTANCES 
              ACT AND CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT 
              RELATING TO AMPHETAMINE AND METHAMPHETAMINE.

    (a) Mandatory Restitution.--Section 413(q) of the Controlled 
Substances Act (21 U.S.C. 853(q)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``may'' and inserting ``shall'';
            (2) by inserting ``amphetamine or'' before 
        ``methamphetamine'' each place it appears; and
            (3) in paragraph (2)--
                    (A) by inserting ``, the State or local government 
                concerned, or both the United States and the State or 
                local government concerned'' after ``United States'' 
                the first place it appears; and
                    (B) by inserting ``or the State or local government 
                concerned, as the case may be,'' after ``United 
                States'' the second place it appears.
    (b) Deposit of Amounts in Department of Justice Assets Forfeiture 
Fund.--Section 524(c)(4) of title 28, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(D) all amounts collected--
                    ``(i) by the United States pursuant to a 
                reimbursement order under paragraph (2) of section 
                413(q) of the Controlled Substances Act (21 U.S.C. 
                853(q)); and
                    ``(ii) pursuant to a restitution order under 
                paragraph (1) or (3) of section 413(q) of the 
                Controlled Substances Act for injuries to the United 
                States.''.

SEC. 8. ENDANGERING HUMAN LIFE OR THE ENVIRONMENT WHILE ILLEGALLY 
              MANUFACTURING CONTROLLED SUBSTANCES.

    (a) Harm to the Environment.--(1) Section 417 of the Controlled 
Substances Act (21 U.S.C. 858) is amended by inserting ``or the 
environment'' after ``to human life''.
    (2) The table of contents for that Act is amended in the item 
relating to section 417 by inserting ``or the environment'' after ``to 
human life''.
    (b) Enhanced Penalty for Establishment of Manufacturing 
Operation.--That section is further amended--
            (1) by inserting ``(a)'' before ``Whoever'';
            (2) in subsection (a), as so designated--
                    (A) by inserting ``or violating section 416,'' 
                after ``to do so,'' the first place it appears; and
                    (B) by striking ``shall be fined'' and all that 
                follows and inserting ``shall be imprisoned not less 
                than 10 years nor more than 40 years, and, in addition, 
                may be fined in accordance with title 18, United States 
                Code.''; and
            (3) by adding at the end the following:
    ``(b) Any penalty under subsection (a) for a violation that is also 
a violation of section 416 shall be in addition to any penalty under 
section 416 for such violation.''.
    (c) Nature of Particular Conduct.--That section is further amended 
by adding at the end the following:
    ``(c) In any case where the conduct at issue is, relates to, or 
involves the manufacture of amphetamine or methamphetamine, such 
conduct shall, by itself, be rebuttably presumed to constitute the 
creation of a substantial risk of harm to human life or the environment 
within the meaning of subsection (a).''.

SEC. 9. CRIMINAL PROHIBITION ON DISTRIBUTION OF CERTAIN INFORMATION 
              RELATING TO THE MANUFACTURE OF CONTROLLED SUBSTANCES.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 21 the following new chapter:

                  ``CHAPTER 22--CONTROLLED SUBSTANCES

``Sec.
``421. Distribution of information relating to manufacture of 
                            controlled substances.
``Sec. 421. Distribution of information relating to manufacture of 
              controlled substances
    ``(a) Prohibition on Distribution of Information Relating to 
Manufacture of Controlled Substances.--
            ``(1) Controlled substance defined.--In this subsection, 
        the term `controlled substance' has the meaning given that term 
        in section 102(6) of the Controlled Substances Act (21 U.S.C. 
        802(6)).
            ``(2) Prohibition.--It shall be unlawful for any person--
                    ``(A) to teach or demonstrate the manufacture of a 
                controlled substance, or to distribute by any means 
                information pertaining to, in whole or in part, the 
                manufacture or use of a controlled substance, with the 
                intent that the teaching, demonstration, or information 
                be used for, or in furtherance of, an activity that 
                constitutes a Federal crime; or
                    ``(B) to teach or demonstrate to any person the 
                manufacture of a controlled substance, or to distribute 
                to any person, by any means, information pertaining to, 
                in whole or in part, the manufacture or use of a 
                controlled substance, knowing that such person intends 
                to use the teaching, demonstration, or information for, 
                or in furtherance of, an activity that constitutes a 
                Federal crime.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined under this title, imprisoned not more than 10 years, or both.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 21 the following new item:

``22. Controlled Substances.................................     421''.

SEC. 10. NOTICE; CLARIFICATION.

    (a) Notice of Issuance.--Section 3103a of title 18, United States 
Code, is amended by adding at the end the following new sentence: 
``With respect to any issuance under this section or any other 
provision of law (including section 3117 and any rule), any notice 
required, or that may be required, to be given may be delayed pursuant 
to the standards, terms, and conditions set forth in section 2705, 
unless otherwise expressly provided by statute.''.
    (b) Clarification.--(1) Section 2(e) of Public Law 95-78 (91 Stat. 
320) is amended by adding at the end the following:
``Subdivision (d) of such rule, as in effect on this date, is amended 
by inserting `tangible' before `property' each place it occurs.''.
    (2) The amendment made by paragraph (1) shall take effect on the 
date of the enactment of this Act.

SEC. 11. TRAINING FOR DRUG ENFORCEMENT ADMINISTRATION AND STATE AND 
              LOCAL LAW ENFORCEMENT PERSONNEL RELATING TO CLANDESTINE 
              LABORATORIES.

    (a) In General.--
            (1) Requirement.--The Administrator of the Drug Enforcement 
        Administration shall carry out the programs described in 
        subsection (b).
            (2) Duration.--The duration of any program under that 
        subsection may not exceed 3 years.
    (b) Covered Programs.--The programs described in this subsection 
are as follows:
            (1) Advanced mobile clandestine laboratory training 
        teams.--A program of advanced mobile clandestine laboratory 
        training teams, which shall provide information and training to 
        State and local law enforcement personnel in techniques 
        utilized in conducting undercover investigations and conspiracy 
        cases, and other information designed to assist in the 
        investigation of the illegal manufacturing and trafficking of 
        amphetamine and methamphetamine.
            (2) Basic clandestine laboratory certification training.--A 
        program of basic clandestine laboratory certification training, 
        which shall provide information and training--
                    (A) to Drug Enforcement Administration personnel 
                and State and local law enforcement personnel for 
                purposes of enabling such personnel to meet any 
                certification requirements under law with respect to 
                the handling of wastes created by illegal amphetamine 
                and methamphetamine laboratories; and
                    (B) to State and local law enforcement personnel 
                for purposes of enabling such personnel to provide the 
                information and training covered by subparagraph (A) to 
                other State and local law enforcement personnel.
            (3) Clandestine laboratory recertification and awareness 
        training.--A program of clandestine laboratory recertification 
        and awareness training, which shall provide information and 
        training to State and local law enforcement personnel for 
        purposes of enabling such personnel to provide recertification 
        and awareness training relating to clandestine laboratories to 
        additional State and local law enforcement personnel.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2000, 2001, and 2002 amounts as 
follows:
            (1) $1,500,000 to carry out the program described in 
        subsection (b)(1).
            (2) $3,000,000 to carry out the program described in 
        subsection (b)(2).
            (3) $1,000,000 to carry out the program described in 
        subsection (b)(3).

SEC. 12. COMBATTING METHAMPHETAMINE AND AMPHETAMINE IN HIGH INTENSITY 
              DRUG TRAFFICKING AREAS.

    (a) In General.--
            (1) In general.--The Director of National Drug Control 
        Policy shall use amounts available under this section to combat 
        the trafficking of methamphetamine and amphetamine in areas 
        designated by the Director as high intensity drug trafficking 
        areas.
            (2) Activities.--In meeting the requirement in paragraph 
        (1), the Director shall--
                    (A) employ additional Federal law enforcement 
                personnel, or facilitate the employment of additional 
                State and local law enforcement personnel, including 
                agents, investigators, prosecutors, laboratory 
                technicians, and chemists; and
                    (B) carry out such other activities as the Director 
                considers appropriate.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            (1) $5,000,000 for fiscal year 2000; and
            (2) such sums as may be necessary for each of fiscal years 
        2001 through 2004.
    (c) Apportionment of Funds.--
            (1) Factors in apportionment.--The Director shall apportion 
        amounts appropriated for a fiscal year pursuant to the 
        authorization of appropriations in subsection (b) for 
        activities under subsection (a) among and within areas 
        designated by the Director as high intensity drug trafficking 
        areas based on the following factors:
                    (A) The number of methamphetamine manufacturing 
                facilities and amphetamine manufacturing facilities 
                discovered by Federal, State, or local law enforcement 
                officials in the previous fiscal year.
                    (B) The number of methamphetamine prosecutions and 
                amphetamine prosecutions in Federal, State, or local 
                courts in the previous fiscal year.
                    (C) The number of methamphetamine arrests and 
                amphetamine arrests by Federal, State, or local law 
                enforcement officials in the previous fiscal year.
                    (D) The amounts of methamphetamine, amphetamine, or 
                listed chemicals (as that term is defined in section 
                102(33) of the Controlled Substances Act (21 U.S.C. 
                802(33)) seized by Federal, State, or local law 
                enforcement officials in the previous fiscal year.
                    (E) Intelligence data from the Drug Enforcement 
                Administration showing trafficking and transportation 
                patterns in methamphetamine, amphetamine, and listed 
                chemicals (as that term is so defined).
            (2) Certification.--Before the Director apportions any 
        funds under this subsection to a high intensity drug 
        trafficking area, the Director shall certify that the law 
        enforcement entities responsible for clandestine 
        methamphetamine and amphetamine laboratory seizures in that 
        area are providing laboratory seizure data to the national 
        clandestine laboratory database at the El Paso Intelligence 
        Center.
    (d) Limitation on Administrative Costs.--Not more than 5 percent of 
the amount appropriated in a fiscal year pursuant to the authorization 
of appropriations for that fiscal year in subsection (b) may be 
available in that fiscal year for administrative costs associated with 
activities under subsection (a).

SEC. 13. COMBATING AMPHETAMINE AND METHAMPHETAMINE MANUFACTURING AND 
              TRAFFICKING.

    (a) Activities.--In order to combat the illegal manufacturing and 
trafficking in amphetamine and methamphetamine, the Administrator of 
the Drug Enforcement Administration may--
            (1) assist State and local law enforcement in small and 
        mid-sized communities in all phases of investigations related 
        to such manufacturing and trafficking;
            (2) staff additional regional enforcement and mobile 
        enforcement teams related to such manufacturing and 
        trafficking;
            (3) establish additional resident offices and posts of duty 
        to assist State and local law enforcement in rural areas in 
        combating such manufacturing and trafficking;
            (4) provide the Special Operations Division of the 
        Administration with additional agents and staff to collect, 
        evaluate, interpret, and disseminate critical intelligence 
        targeting the command and control operations of major 
        amphetamine and methamphetamine manufacturing and trafficking 
        organizations; and
            (5) carry out such other activities as the Administrator 
        considers appropriate.
    (b) Additional Positions and Personnel.--In carrying out activities 
under subsection (a), the Administrator may establish in the 
Administration not more than 50 full-time positions, including not more 
than 31 special-agent positions, and may appoint personnel to such 
positions.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for the Drug Enforcement Administration for each fiscal 
year after fiscal year 1999, $6,500,000 for purposes of carrying out 
the activities authorized by subsection (a) and employing personnel in 
positions established under subsection (b).

SEC. 14. ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL MANUFACTURE OF 
              AMPHETAMINE AND METHAMPHETAMINE.

    (a) Use of Amounts or Department of Justice Assets Forfeiture 
Fund.--Section 524(c)(1)(E) of title 28, United States Code, is 
amended--
            (1) by inserting ``(i) for'' before ``disbursements'';
            (2) by inserting ``and'' after the semicolon; and
            (3) by adding at the end the following:
                            ``(ii) for payment for--
                                    ``(I) costs incurred by or on 
                                behalf of the Drug Enforcement 
                                Administration in connection with the 
                                removal of any hazardous substance or 
                                pollutant or contaminant associated 
                                with the illegal manufacture of 
                                amphetamine or methamphetamine; and
                            ``(II) costs incurred by or on behalf of a 
                        State or local government in connection with 
                        such removal in any case in which such State or 
                        local government has assisted in a Federal 
                        prosecution relating to amphetamine or 
                        methamphetamine;''.
    (b) Grants Under Drug Control and System Improvement Grant 
Program.--Section 501(b)(3) of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by inserting before the semicolon the 
following: ``and to remove any hazardous substance or pollutant or 
contaminant associated with the illegal manufacture of amphetamine or 
methamphetamine''.
    (c) Amounts Supplement and Not Supplant.--
            (1) Assets forfeiture fund.--Any amounts made available 
        from the Department of Justice Assets Forfeiture Fund in a 
        fiscal year by reason of the amendment made by subsection (a) 
        shall supplement, and not supplant, any other amounts made 
        available to the Drug Enforcement Administration in such fiscal 
        year for payment of costs described in section 524(c)(1)(E)(ii) 
        of title 28, United States Code, as so amended.
            (2) Grant program.--Any amounts made available in a fiscal 
        year under the grant program under section 501(b)(3) of the 
        Omnibus Crime Control and Safe Streets Act of 1968 for the 
        removal of hazardous substances or pollutants or contaminants 
        associated with the illegal manufacture of amphetamine or 
        methamphetamine by reason of the amendment made by subsection 
        (b) shall supplement, and not supplant, any other amounts made 
        available in such fiscal year for such removal.

SEC. 15. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET WEBSITES.

    Not later than 90 days after the date of the enactment of this Act, 
the head of each department, agency, and establishment of the Federal 
Government shall, in consultation with the Director of the Office of 
National Drug Control Policy, place antidrug messages on appropriate 
Internet websites controlled by such department, agency, or 
establishment which messages shall, where appropriate, contain an 
electronic hyperlink to the Internet website, if any, of the Office.

SEC. 16. MAIL ORDER REQUIREMENTS.

    Section 310(b)(3) of the Controlled Substances Act (21 U.S.C. 
830(b)(3)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively;
            (2) by inserting before subparagraph (B), as so 
        redesignated, the following new subparagraph (A):
                    ``(A) As used in this paragraph:
                            ``(i) The term `drug product' means an 
                        active ingredient in dosage form that has been 
                        approved or otherwise may be lawfully marketed 
                        under the Food, Drug, and Cosmetic Act for 
                        distribution in the United States.
                            ``(ii) The term `valid prescription' means 
                        a prescription which is issued for a legitimate 
                        medical purpose by an individual practitioner 
                        licensed by law to administer and prescribe the 
                        drugs concerned and acting in the usual course 
                        of the practitioner's professional practice.'';
            (3) in subparagraph (B), as so redesignated, by inserting 
        ``or who engages in an export transaction'' after 
        ``nonregulated person''; and
            (4) adding at the end the following:
                    ``(D) Except as provided in subparagraph (E), the 
                following distributions to a nonregulated person, and 
                the following export transactions, shall not be subject 
                to the reporting requirement in subparagraph (B):
                            ``(i) Distributions of sample packages of 
                        drug products when such packages contain not 
                        more than 2 solid dosage units or the 
                        equivalent of 2 dosage units in liquid form, 
                        not to exceed 10 milliliters of liquid per 
                        package, and not more than one package is 
                        distributed to an individual or residential 
                        address in any 30-day period.
                            ``(ii) Distributions of drug products by 
                        retail distributors to the extent that such 
                        distributions are consistent with the 
                        activities authorized for a retail distributor 
                        as specified in section 102(46).
                            ``(iii) Distributions of drug products to a 
                        resident of a long term care facility (as that 
                        term is defined in regulations prescribed by 
                        the Attorney General) or distributions of drug 
                        products to a long term care facility for 
                        dispensing to or for use by a resident of that 
                        facility.
                            ``(iv) Distributions of drug products 
                        pursuant to a valid prescription.
                            ``(v) Exports which have been reported to 
                        the Attorney General pursuant to section 1004 
                        or 1018 or which are subject to a waiver 
                        granted under section 1018(e)(2).
                            ``(vi) Any quantity, method, or type of 
                        distribution or any quantity, method, or type 
                        of distribution of a specific listed chemical 
                        (including specific formulations or drug 
                        products) or of a group of listed chemicals 
                        (including specific formulations or drug 
                        products) which the Attorney General has 
                        excluded by regulation from such reporting 
                        requirement on the basis that such reporting is 
                        not necessary for the enforcement of this title 
                        or title III.
                    ``(E) The Attorney General may revoke any or all of 
                the exemptions listed in subparagraph (D) for an 
                individual regulated person if he finds that drug 
                products distributed by the regulated person are being 
                used in violation of this title or title III. The 
                regulated person shall be notified of the revocation, 
                which will be effective upon receipt by the person of 
                such notice, as provided in section 1018(c)(1), and 
                shall have the right to an expedited hearing as 
                provided in section 1018(c)(2).''.
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