Comparison of Methamphetamine and Drug Bills

Comparison of Methamphetamine and Drug Bills
Second Session 106th Congress:

S. 486 -- H.R. 2987 and the Drug Amendment to Bankruptcy Bill

Topic

S. 486

H.R. 2987

Bankruptcy Bill

Increased Penalties for Amphetamines to Equal penalties for Methamphetamines and then Increases Penalties for Amphetamines and Methamphetamines

Sec. 101 increases penalties for amphetamines to equal methamphetamines

Sec. 102 Increases the penalties for the manufacture, attempt to manufacture or conspiracy to manufacture methamphetamines or amphethetamines mandates Sentencing Commission to increase offense levels at least 3 levels to a minimum base level offense of 27 if the offense created a substantial risk of harm to human life or the environment and if the offense created harm to a minor, increase by 6 offense levels to a base level of at least level 30.

Mandatory

Sec. 2 is the same as S. 486.

Sec. 11 is the same as the Senate and House Bills.

Mandatory Restitution

Sec. 103. Mandatory restitution for amphetamine or methamphetamine offenses. Orders the defendant to pay for cost of cleaning up methamphetamine labs and the assets would be deposited in the DOJ assets forfeiture fund. Additionally orders defendants to pay mandatory restitution to the victim.

Sec. 4 is the same as S. 486.

Sec. 13 is the Same as Senate and House Bills.

Reduces the Amount of Over the Counter Drugs that can be Legally Purchased.

Sec. 112. Reduces the amount of pseudoephedrine and phenylpropanolamine base (diet pills, cold medications) that can be legally purchased from 24 to 9 grams and stipulates that these cannot be purchased in packages of more than 3 grams.

Not in the House Bill.

Sec. 12 is the same as S. 486.

Increased Funding for Law Enforcement.

Authorizes five and a half million dollars every year for the next three years to the DEA to establish programs to train state and local law enforcement for "Advance Mobile Clandestine Laboratory Training". Authorizes $15,000,000 to the Director of National Drug Control Policy for fiscal year 2000 and as much as is necessary through 2004 to give money to federal state and local agencies for hiring more law enforcement, agents, investigators, prosecutors, laboratory technicians and drug-prevention specialists. Authorizes $9,500,000 for every fiscal year starting with 2000 to the DEA to assist state and local law enforcement with investigations relating to manufacturing and trafficking of methamphetamine.

Secs. 7, 8, and 9 make the same authorizations as S. 486 except only authorizes $6,500,000 to DEA to assist with local investigations.

Secs. 23, 24, and 25 are the same as S. 486.

Increases Funding for Research and Treatment on Methamphetamine Use and Mandates Reporting Requirements.

Amends the Public Health Service Act to establish a grant program for the Director of the Institute in cooperation with the National Drug Abuse Treatment Clinical Trials Network to research methamphetamine and authorizes an unspecified amount of money. Amends the Public Health and Service act to establish a grant program for the director of the Center for Substance Abuse Treatment to make grants to states and tribes in Indian Country to see why there is such a high rate of methamphetamine use and authorizes $10,000,000 for fiscal year 2000 and such sums as are necessary for 2001 and 2002.

Amends the public health service act to enable the administrator to make grants to enter into contracts with public and nonprofit entities to carry out school and community based programs related to methamphetamine and drug use. Authorizes $15,000,000 for fiscal year 2000 and as much as is necessary for each succeeding fiscal year; authorizes an unspecified amount of money to study methamphetamine treatment programs. Includes methamphetamine use in the National Household Survey on drug abuse to get a report on the use of methamphetamines by Americans.

Requires reporting on use of pseudoephredrine and phenylpropanolamine.

Secs. 15, 16 and 17 are nearly the same as S. 486 but the Senate bill also contains another provision giving grants to the Center for Substance Abuse Treatment.

The House Bill also requires a report on methamphetamine use but it outlines specific details that must be included in the report - these details are not specified in S. 486.

Same as S. 486.

Increased Penalties for Trafficking in Base Substances and Limits Amount of Base Substances that can be Mailed.

Sec. 201. Increases penalties for the possession or distribution of base chemicals to equal the same penalty that can be imposed for manufacturing the amount of controlled substance that could be manufactured with this amount of base chemicals.

Sec. 202 Specifies limits on the amount of drugs that can be distributed by mail.

Contains the same provision as Sec. 202 in S. 486.

Does not contain the provision for increasing the penalties for possession or distributing base chemicals

Sec. 51 and 52 are the same as S. 486.

Makes it a Crime to Directly or Indirectly Advertise Drug Paraphenalia and Authorizes the DEA to Order a Website to be Dismantled - Failure to Dismantle is Deemed to be Actual Knowledge for Purposes of Criminal Prosecution.

Sec. 203. Prohibits advertising directly or indirectly drug paraphenalia.

Grants immunity to Interactive Computer Services and Website Service Providers if they were not aware of the contents of the site. However, once the provider is given notice it has 48 hours excluding weekends and holidays to remove or disable access to the material or it will be deemed to have actual knowledge of the activity for purposes or criminal prosecution.

Note: The exemption from prosecution does not apply if the service provider knowingly permitted the server to be used or if a provider of browser software holds itself out as a source of searching for this particular material.

Immunity for Civil Prosecution: As long as the service provider was acting in good faith, it will not be held liable for taking any action to remove or disable access to the prohibited information.

Definition of direct or indirect advertising: to post, publicize, transmit, publish, link to, broadcast, or otherwise advertise including a telephone number or electronic or mail address.

Also makes it a crime to directly or indirectly advertise for the purpose of receiving, buying or distributing a schedule I controlled substance. Excludes material which advocates a position or practice and does not attempt to propose or facilitate an actual transaction.

Sec. 3 is the Same as S. 486 except that the House Bill does not

contain language immunizing the service providers or holding them liable upon notification.

Sec. 55 is the same as the House Bill.

Imposing Criminal Penalties for Theft or Transportation of Anhydrous Ammonia and authorizing money to the University of Iowa.

Sec. 204 makes it a crime to steal or transport across state lines anhydrous ammonia and authorizes $500,000 for the University of Iowa to develop a chemical that will eliminate the ability of anhydrous ammonia to be used in methamphetamine production.

Sec. 13 is the same as S. 486.

Sec. 56 is the same as the Senate and House Bills.

Criminal Penalties for Demonstrating or Teaching Information on How to Make Drugs.

Sec. 421 Makes it a crime to teach or demonstrate the manufacture of a controlled substance or distribute any information with the intent that the teaching, demonstration or information can be used in furtherance of a federal crime. It is also a crime to teach or demonstrate to another person the manufacturer of a controlled substance knowing that the person intends to use the teaching, demonstrating or information in furtherance of criminal activity.

Sec. 5 is the same as the Senate Bill.

Sec. 57 is the same as the Senate and House Bills.

Waiver of Prosecution for Physicians to Distribute Narcotic Drugs.

Sec. 211 waives prosecution of physicians for dispensing and prescribing certain narcotic drugs used for maintenance or detox. A doctor in private practice by herself cannot take on more than 20 patients. Authorizes the Secretary and Attorney General to promulgate regulations about additional credentialing bodies and outlines what their responsibilities should be. The secretary can issue a treatment improvement protocol for best practice guidelines for the treatment and maintenance of opiate dependent patients.

Sec. 18 is the same as the S. 486.

Sec. 61 is the same as the Senate and House Bills.

Anti-Drug Messages on Government Web-sites.

Sec. 302 mandates putting anti-drug messages on govt. web-sites.

Sec. 11 is the same as the S. 486.

Sec. 93 is the same as the House and Senate Bills.

Expanding the Delayed Notice Provisions when Obtaining Warrants or Wiretaps.

Sec. 301 allows the delayed notice provision that can currently be used for electronic communications in electronic storage to be applied when the government is requesting warrants or wiretaps.

Sec. 6 is the same as S. 486.

Sec. 91 is the same as the Senate and House bills.

Expands Definition of Drug Paraphenalia Under the Controlled Substance Act to Include Methamphetamine Paraphenalia.

Sec. 104 expands paraphernalia definition to include methamphetamine paraphenalia.

Sec. 20 is the same as S. 486.

Sec. 14 is the same as the Senate and House Bills.

Increases Mandatory Sentences for Distributing Drugs to Minors or Distributing Drugs in or Near Schools.

The Senate Bill does not have this provision.

The House Bill does not contain this provision

Sec. 53 increases mandatory sentences for distributing drugs to minors from 1 to three years for first offense and from one to five years for a second offense.

Sec. 54 increases mandatory sentences for distributing drugs in or near schools from one year to three years for the first offense and from three years to five years for the second offense.

Increase Mandatory Sentences for Possession and Distribution of Powder Cocaine.

Not in the Senate Bill.

Not in the House Bill.

Sec. 72 - Abraham Powder Cocaine Sentencing Act.

This bill would raise the mandatory sentences for powder cocaine offenses to be a 10 to 1 difference with crack cocaine instead of current law which is 100 to 1 ratio.

Federal Mandates on Education.

Not in the Senate Bill.

Not in the House Bill.

Sec. 81 requires schools to have in place a process of referring instances of drug use or possession at school or in vehicles owned by the schools for criminal prosecution. Requires the Secretary of Education to report on schools not in compliance within three years and to report on schools' discipline of children with disabilities within two years.

Sec. 82 allows federal funds to be used to send children to private schools including religious schools if the student is a victim of a violent criminal offense at an elementary or secondary school

Study of the FALN.

Not in the Senate Bill.

Not in the House Bill.

Sec. 92 requires the FBI to do an Assessment as to the extent that the FALN poses a danger to national security because of the president's pardon of 11 of its members.