Home > 106th Congressional Bills > S. 487 (is) To amend the Internal Revenue Code of 1986 to provide additional retirement savings opportunities for small employers, including self- employed individuals. [Introduced in Senate] ...S. 487 (is) To amend the Internal Revenue Code of 1986 to provide additional retirement savings opportunities for small employers, including self- employed individuals. [Introduced in Senate] ...
aggressive law enforcement action to fight such offenses, and the
extreme dangers associated with unlawful activity involving
amphetamines, including--
(1) the rapidly growing incidence of amphetamine abuse and
the threat to public safety that such abuse poses;
(2) the high risk of amphetamine addiction;
(3) the increased risk of violence associated with
amphetamine trafficking and abuse; and
(4) the recent increase in the illegal importation of
amphetamine and precursor chemicals.
(d) Emergency Authority to Sentencing Commission.--The United
States Sentencing Commission shall promulgate amendments pursuant to
this section 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.
SEC. 3. 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 initiate the posting, publicizing,
transmitting, publishing, linking to, broadcasting, or other
advertising of 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. 4. 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. 5. 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. 6. 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. 7. 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) with respect to the law enforcement personnel of
States and localities determined by the Administrator to have
significant levels of methamphetamine-related or amphetamine-
related crime or projected by the Administrator to have the
potential for such levels of crime in the future.
(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. 8. 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 provide funds for--
(A) employing additional Federal law enforcement
personnel, or facilitating the employment of additional
State and local law enforcement personnel, including
agents, investigators, prosecutors, laboratory
technicians, chemists, investigative assistants, and
drug-prevention specialists; and
(B) such other activities as the Director considers
appropriate.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $15,000,000 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 and predictive data from the Drug
Enforcement Administration and the Department of Health
and Human Services showing patterns and trends in
abuse, trafficking, and transportation 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. 9. 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, including assistance
with foreign-language interpretation;
(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. 10. 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:
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