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

There is one summary for S.1428. Bill summaries are authored by CRS.

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Introduced in Senate (07/22/1999)

Methamphetamine Anti-Proliferation Act of 1999 - Amends the Controlled Substances Act to set forth both civil and criminal penalties for the manufacture, distribution, exportation, or importation of certain quantities of amphetamine.

(Sec. 4) Directs the U.S. Sentencing Commission to amend the Federal sentencing guidelines with respect to any offense relating to the manufacture, importation, exportation, or trafficking in amphetamine or methamphetamine (including an attempt or conspiracy to do any of the foregoing) in violation of the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act (MDLEA) to increase the base offense level for such offense to the same base offense level for an identical amount of methamphetamine, or, 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 six offense levels above that established for it in this section.

Directs the Commission to promulgate amendments pursuant to this Act in accordance with the procedure set forth in the Sentencing Act of 1987, as though the authority of that Act had not expired.

(Sec. 5) Amends the CSA to prohibit advertisements for the sale of drug paraphernalia and of schedule I controlled substances.

(Sec. 6) Redefines "continuing criminal enterprise" to declare that a person is engaged in a continuing criminal enterprise if he or she violates any U.S. narcotics law the punishment for which is a felony and such violation is a part of a continuing series of three or more acts made punishable by such laws and certain other conditions exist.

(Sec. 7) Provides for mandatory restitution for CSA and CSIEA violations. Expands provisions regarding restitution for cleanup of clandestine laboratory sites to cover offenses involving, and reimbursement for costs incurred for the cleanup associated with, the manufacture of amphetamine (currently, limited to methamphetamine), and to include reimbursement to States and local governments, as well as to the United States.

Amends the Federal judicial code to provide for the deposit of sums from a reimbursement order into the Department of Justice (DOJ) Assets Forfeiture Fund.

(Sec. 8) Amends the CSA to subject a person to both civil and criminal penalties for manufacturing or transporting a controlled substance so as to create a substantial risk of harm to the environment (currently, just to human life).

Increases the criminal penalty for establishment of manufacturing operations with respect to controlled substances (including amphetamine and methamphetamine).

(Sec. 9) Amends the Federal criminal code to: (1) prohibit and set penalties for teaching or demonstrating the manufacture of a controlled substance, or distributing information pertaining to such manufacture or use, with intent that it be used for or to further activity that constitutes a Federal crime, or knowing that the recipient intends to use it for or to further such activity; and (2) allow the delay of issuance of a warrant to search and seize property that constitutes evidence of a Federal criminal offense pursuant to the standards, terms, and conditions set forth in the code, unless otherwise expressly provided by statute.

(Sec. 11) Directs the Administrator of the Drug Enforcement Administration (DEA) to carry out specified programs (advanced mobile clandestine laboratory training teams, basic clandestine laboratory certification training, and clandestine laboratory recertification and awareness training) with respect to the law enforcement personnel of States and localities determined by the Administrator to have significant levels of methamphetamine- or amphetamine-related crime or projected by the Administrator to have potential for such levels of crime in the future. Limits the duration of any such program to three years. Authorizes appropriations.

(Sec. 12) Requires the Director of National Drug Control Policy to 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. Requires the Director to provide funds for: (1) employing additional Federal law enforcement personnel, or facilitating the employment of additional State and local law enforcement personnel; and (2) such other activities that the Director considers appropriate. Authorizes appropriations.

Requires the Director to apportion amounts appropriated for a fiscal year pursuant to such authorization of appropriations for activities under this section among and within areas designated as high intensity drug trafficking areas based on: (1) the number of methamphetamine and amphetamine manufacturing facilities discovered by law enforcement officials in the previous fiscal year; (2) the number of methamphetamine and amphetamine prosecutions in the previous fiscal year; (3) the number of methamphetamine and amphetamine arrests in the previous fiscal year; (4) the amounts of methamphetamine, amphetamine, or listed chemicals seized in the previous fiscal year; and (5) intelligence and predictive data from the DEA and the Department of Health and Human Services showing patterns and trends in abuse, trafficking, and transportation in methamphetamine, amphetamine, and listed chemicals.

Requires the Director, before apportioning any funds under this section to high intensity drug trafficking area, to 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 El Paso Intelligence Center.

Sets limits on administrative costs.

(Sec. 13) Authorizes the DEA to: (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; and (4) provide the Special Operations Division of the DEA 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.

Authorizes the Administrator to establish in the DEA not more than 50 full-time positions, including not more than 31 special agent positions, and to appoint personnel to such positions. Authorizes appropriations.

(Sec. 14) Amends the Federal judicial code to make sums in the DOJ Assets Forfeiture Fund available for payment for costs incurred by or on behalf of: (1) DEA in connection with the removal of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine; and (2) a State or local government in connection with such removal in any case in which such State or local government has assisted in a Federal prosecution relating to amphetamine or methamphetamine, to the extent such costs exceed equitable sharing payments made to such State or local government.

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to make funds under the drug control and system improvement (Byrne) grant program available to remove any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine and methamphetamine.

Requires that any sums made available from the DOJ Assets Forfeiture Fund for purposes of this section in a fiscal year supplement and not supplant any other amounts made available to DEA from other sources.

(Sec. 15) Requires the head of each Federal department, agency, and establishment to place anti-drug messages on appropriate Internet websites controlled by such department, agency, or establishment, where appropriate with an electronic hyperlink to the Internet website, if any, of the Office of National Drug Control Policy.

(Sec. 16) Revises CSA mail order provisions to: (1) require that each regulated person who engages in an export transaction (currently, limited to each regulated person who engages in a transaction with a non-regulated person) report monthly on each such transaction to the Attorney General; and (2) make specified exemptions from such reporting requirement, such as for certain distributions of sample packages of drug products and distributions of drug products pursuant to a valid prescription.

Authorizes the Attorney General to revoke any such exemptions if drug products distributed by the regulated person are being used in violation of CSA requirements, subject to specified provisions concerning notification and the right to an expedited hearing.