Senator Orrin Hatch's “contribution” to the death of the bill of rights.

(editor's note: thankfully, the Methamphetamine Anti-Proliferation Act of 1999 never passed, as it would have been a serious blow to our Freedom of Speech in the States)

We at Edot have “blackend” our title page in deference to a request by the Lycaeum to do so in order to protest the actions of Senator Hatch.

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Editorial Note

I begin this sad editorial with two quotes from Henry David Thoreau's “On The Duty Of Civil Disobedience”:

“I heartily accept the motto, - “That government is best which governs least;” and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which i also believe, - “That government is best which governs not at all;” and when men are prepared for it, that will be the kind of government which they will have. Government is at best but an expedient; but most governments are usually, and all governments are sometimes, inexpedient.”

“The best thing a man can do for his culture when he is rich is to endeavor to carry out those schemes which he entertained when he was poor.”

I for one will “...endeavor to carry out those schemes.” I fully plan on filing class action lawsuits, court injunctions, and restraining orders if I must to defeat this proposed law. If the ACLU refuses to help, then i will do it on my own through private attorneys. My other point of attack will be through sponsorship of our websites through Dutch based servers. I will be making a trip to the Netherlands in the next few weeks. I mentioned to several people months ago that i knew this was coming.

Do not be fooled by the “anti-amphetamine” rhetoric.

Senators Hatch, Feinstein, DeWine, Bond, Thurman, Biden, Bryan, and Reid fully intend to shut down all drug information sites on the internet and make it a felony punishable by up to ten years imprisonment for even linking to such a site.

If the need arises, Edot will be moved to a Dutch based server. God save us all.

Mr. HATCH. Mr. President, I rise to day to introduce the Methamphetamine Anti-Proliferation Act of 1999, a very important piece of legislation in America's on-going war on drugs. Three years ago I introduced the Comprehensive Methamphetamine Act of 1999, which this body passed, to address the frightening and very real problem of methamphetamine abuse in this country. That legislation has provided law enforcement with necessary tools to combat methamphetamine and has helped us track and slow the proliferation of methamphetamine manufacturing and abuse. However, there remain too many people in this country who are determined to undermine our drug laws and turn America into one colossal metamphetamine laboratory. For this reason, I, along with Senators Feinstein, DeWine, Bond, Thurmond, Biden, Bryan, and Reid, are introducing this bipartisan bill that seeks to shield America against the proliferation of methamphetamine Manufacturing.

The methamphetamine threat differs in kind from the threat of other illegal drugs because methamphetamine can be made from readily available and legal chemicals and substances, and because it poses serious dangers to both human life and to the environment. America's history of fighting illegal drugs has been long and tiring but with so many young Americans still being exposed to so many destructive drugs, now is not the time to give up--it is a time to fight smarter and harder. The provisions of this bill will provide law enforcement with several effective tools that will help us turn the tide of proliferation of methamphetamine manufacturing in America.

Traditionally, the overwhelming majority of illegal drugs consumed in America has been manufactured outside of our borders and then illegally smuggled into America. The rapid spread and growing use of methamphetamine threatens to change the future of where drugs are manufactured. Drug pushers are threatening to turn America into a producing country of a drug that affects the lives of every American because it not only destroys the lives of those who use the drug, but also can have devastating effects on people situated around lab sites, on law enforcement officials that have to clean the labs, and on the environment.

According to a report prepared by the Community Epidemiology Work Group, which is part of the National Institute on Drug Abuse, methamphetamine `abuse levels remain high . . . and there is strong evidence to suggest this drug will continue to be a problem in West Coast areas and to spread to other areas of the United States.' the reasons given for the ominous prediction are that methamphetamine can be produced easily in small, clandestine labs and the chemicals used to make methamphetamine are readily available.

This threat is real and immediate, and the numbers are telling. According to the Drug Enforcement Administration, the DEA, the number of labs cleaned up by the Administration has almost doubled each year since 1995. Last year 5,786 amphetamine and methamphetamine labs were seized by DEA and State and local law enforcement officials, and millions of dollars were spent on cleaning up the pollutants and toxins created and left behind by operators of these labs. In Utah alone, there were 266 lab seizures last year, a number which elevated Utah to the unenviable position of being ranked third among all states for higher per capita clan lab seizures. The problem with the high number of manufacturing labs is compounded by the fact that the chemicals and substances utilized in the manufacturing process are unstable, volatile, and highly combustible. The smallest amounts of these chemicals, when mixed improperly, can cause explosions and fires. And of course, those operating these labs are not scientists, but rather unskilled, ignorant, criminals and fly-by-nights who are completely apathetic to the destructive powers that are inherent in the manufacturing process. This fact is even more frightening when you consider that most of these labs are situated in residences, motels, trailers, and vans.

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.

`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--

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):

Sec. 10. Notice; Clarification.

This section amends 18 U.S.C. 3103a to allow for the delay of any notice that is, or may be, required pursuant to the issuance of a warrant under this section or any other law.

Sec. 11. Training for Drug Enforcement Administration and State and Local Law Enforcement Personnel Relating to Clandestine Laboratories.

Section 11 authorizes $5.5 million in funding for DEA training programs designed to (1) train State and local law enforcement in techniques used in meth investigations; (2) provide a certification program for State and local law enforcement enabling them to meet requirements with respect to the handling of wastes created by meth labs; (3) create a certification program that enables certain State and local law enforcement to recertify other law enforcement in their regions; and (4) staff mobile training teams which provide State and local law enforcement with advanced training in conducting clan lab investigations and with training that enables them to recertify other law enforcement personnel. The training programs are authorized for 3 years after which the States, either alone or in consultation/combination with other States, will be responsible for training their own personnel. The States will be required to submit a report detailing what measures they are taking to ensure that they have programs in place to take over the responsibility after the three year federal program expires.

Sec. 12. Combating Methamphetamine in High Intensity Drug Trafficking Areas.

This section authorizes $5 million a year for fiscal years 2000-2004 to be appropriated to ONDCP to combat trafficking of methamphetamine in designated HIDTA's by hiring new federal, State, and local law enforcement personnel, including agents, investigators, prosecutors, lab technicians and chemists. It provides that the funds shall be apportioned among the HIDTA's based on the following factors: (1) number of Meth labs discovered in the previous year; (2) number of Meth prosecutions in the previous year; (3) number of Meth arrests in the previous year; (4) the amounts of Meth seized in the previous year; and (5) intelligence data from the DEA showing trafficking and transportation patterns in methamphetamine, amphetamine and listed chemicals. Before apportioning any funds, the Director must certify that the law enforcement entities responsible for clan lab seizures are providing lab seizure data to the national clandestine laboratory database at the El Paso Intelligence Center. It also provides that not more than five percent of the appropriated amount may be used for administrative costs.

Sec. 13. Combating Amphetamine and Methamphetamine Manufacturing and Trafficking.

This section authorizes $6.5 million to be appropriated for the hiring of new agents to (1) assist State and local law enforcement in small and mid-sized communities in all phases of drug investigations; (2) staff additional regional enforcement and mobile enforcement teams; (3) establish additional resident offices and posts of duty to assist State and local law enforcement in rural areas; and (4) provide the Special Operations Division with additional agents for intelligence and investigative operations.

Sec. 14. Environmental Hazards Associated With Illegal Manufacture of Amphetamine and Methamphetamine.

Authorizes the DEA to receive money from the Asset Forfeiture Fund to pay for cleanup costs associated with the illegal manufacture of amphetamine or methamphetamine. It also allows for reimbursements to State and local entities for cleanup costs when they assist in a federal prosecution on amphetamine or methamphetamine related charges.

Sec. 15. Antidrug Messages on Federal Government Internet Websites.

Requires all federal departments and agencies, in consultation with ONDCP, to place antidrug messages on their Internet websites and an electronic hyperlink to ONDCP's website. Numerous government agencies have children's websites, including the Social Security Administration.

TITLE 1--SUBCHAPTER S EXPANSION (Senate - July 22, 1999)[/align]

Summary of the Methamphetamine Anti-Proliferation Act of 1999

Sec. 1. Short Title.
Methamphetamine Anti-Proliferation Act of 1999

Sec. 2. Manufacture and Distribution of Amphetamine and Methamphetamine.

Section 1 amends title 21 U.S.C. 841(b)(1) to make the statutory punishment for the manufacture and distribution of amphetamine the same as that of methamphetamine.

Sec. 3. Import and Export of Amphetamine and Methamphetamine.

Section 2 amends the Import and Export Act (21 U.S.C. 960(b)) to make the statutory punishment for amphetamine the same as that of methamphetamine.

Sec. 4. Sentencing Guidelines.

Section 3 amends the Sentencing Guidelines to adjust the penalty for amphetamine to meet the penalty for methamphetamine. It also provides for a 6 level enhancement if the manufacturing either meth or amphetamine created a substantial risk of danger to the health and safety of a minor or incompetent.

Sec. 5. Advertisements For Drug Paraphernalia and Schedule I Controlled Substances.

Section 8 amends 21 U.S.C. 863 (drug paraphernalia statute) to prohibit direct or indirect advertisements for the sale of paraphernalia. It defines advertisements for sale to include the use of any communication facility to post or publicize in any way 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.

It also amends 21 U.S.C. 843(c) to prohibit direct or indirect advertising for the sale of a Schedule I Controlled Substance. The current statute arguably only prohibited the direct advertising of a schedule I drug in the print media.

Sec. 6. Continuing Criminal Enterprise.

Section 11 amends the Continuing Criminal Enterprise statute (21 U.S.C. 848) by replacing the phrase `continuing series of violations of' with the phrase `continuing series of 3 or more acts made punishable by.' This change is in response to the recent Supreme Court case Richardson v. United States (decided June 1, 1999) where the Court held that a jury in a CCE case must unanimously agree not only that the defendant committed some `continuing series of violations,' but also about which specific `violations' make up that `continuing series.' There was previously a split among the circuits (the 4th Circuit and the D.C. Circuit both had ruled unanimity with respect to particular `violations' was not required).

Sec. 7. Mandatory Restitution for Meth Lab Clean-Up.

Section 7 makes reimbursement for the costs incurred by the U.S. or State and local governments for the cleanup associated with the manufacture of amphetamine or methamphetamine mandatory. It also provides that the restitution money will go to the Asset Forfeiture Fund instead of the treasury.

Sec. 8. Endangering Human Life or the Environment While Illegally Manufacturing Amphetamine or Methamphetamine.

Section 8 increases the penalty under 21 U.S.C. 858 to not less than 10 years for manufacturing or trafficking a controlled substance that creates a substantial risk of harm to human life or the environment. It creates a rebuttable presumption that the manufacturing of amphetamine or methamphetamine constitutes the creation of a substantial risk of harm to human life and the environment.

Sec. 9. Criminal Prohibition on Distribution of Certain Information Relating to the Manufacture of Controlled Substances.

Section 9 prohibits teaching or demonstrating the manufacture or use of a Controlled Substance or distributing by any means information pertaining to the manufacture or use of a Controlled Substance (1) with the intent that this information be used for, or in furtherance of, an activity that constitutes a federal crime; or (2) knowing that such person intends to use this information for, or in furtherance of, an activity that constitutes a federal crime. The penalty for violation is not more than 10 years in prison.

TITLE 1--SUBCHAPTER S EXPANSION (Senate - July 22, 1999)
Mr. BIDEN. Mr. President, 3 years ago this week I joined with my distinguished friend and colleague, Senator Hatch, to introduce the `Hatch-Biden Methamphetamine Control Act' to address the growing threat of methamphetamine use in our country before it was too late.

Our failure to foresee and prevent the crack cocaine epidemic is one of the most significant public policy mistakes in recent history. Despite the warning signs of an outbreak, few took action until it was too late. But we did learn an important lesson from that mistake. When we began to see similar warning signs with methamphetamine, we acted swiftly to make sure that history would not repeat itself.

That Act provided crucial tools that we needed to stay ahead of the methamphetamine epidemic and avoid the mistakes made during the early stages of the crack epidemic. We increased penalties for possessing and trafficking in methamphetamine and the precursor chemicals and equipment used to manufacture the drug. We tightened the reporting requirements and restrictions on the legitimate sales of products containing precursor chemicals to prevent their diversion, and imposed even greater requirements on firms that sell those products by mail. We ensured that meth manufacturers who endanger the life of any individual or endanger the environment while making this drug receive enhanced prison sentences. And finally, we created a national working group of law enforcement and public health officials to monitor any growth in the methamphetamine epidemic.

I have no doubt that our 1996 legislation slowed this epidemic significantly. But we are up against a powerful and highly addictive drug. Meth stimulates the central nervous system, making the user feel energetic, clever and powerful. Unlike crack, whose effects sometimes last only a matter of minutes, a meth high lasts for hours.

Last year in my home State of Delaware law enforcement officers busted what was described as `the largest and most sophisticated drug lab in the Northeast,' seizing 50 pounds of meth and meth base. This was only one of the 5,786 reported clandestine laboratory seizures in the United States last year.

We have countless heart wrenching stories of violence and families being tragically ripped apart by methamphetamine use, sadly reminiscent of what we saw with crack cocaine. A recent news story reported that a woman in California has been charged with the murder of her infant son. High on meth, she left him in a sealed car in the summer heat while she and her boyfriend slept in an air-conditioned motel room nearby. The innocent infant died a tragic and senseless death.

Unfortunately, this unspeakable tragedy is not an isolated incident. It is not unusual for a meth user to remain awake for days. And as the high begins to wane, the user is likely to be violent, delusional and paranoid. Not surprisingly, this behavior often leads to crime. In areas like San Diego where the meth epidemic rages, more than 33 percent of people arrested in 1998 tested positive for the drug.

On top of the violence 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 the drug is produced.

But perhaps the most frightening fact of all is that despite all of the evidence that methamphetamine is a horribly destructive substance, the percentage of kids who perceive it as a harmful drug is on the decline.

And that I why I am joining my friend from Utah once again --along with Senators DeWine, Feinstein and Bond--to build on the 1996 methamphetamine legislation and continue to fight this pernicious drug.

Our Methamphetamine Anti-Proliferation Act, first and foremost, addresses the growing problem of amphetamines as a meth substitute by making the penalties for manufacturing, importing, exporting or trafficking amphetamine equivalent to those established for methamphetamine in our 1996 law. The two drugs are nearly identical --they differ by only one chemical. Whereas methamphetamine is made with ephedrine, a substance found in some over-the-counter cold remedies, amphetamine is produced with phenylpropanolamine, a chemical found in over-the-counter diet pills. The two drugs are produced in the same dangerous clandestine labs and are often sold interchangeably on the streets; the penalties for dealing in both substances should be the same.