Methamphetamine Anti-Proliferation Act of 1999

Directs the Commission to: (1) ensure that the sentencing guidelines for such offenses reflect their heinous nature, the need for aggressive law enforcement, and the extreme dangers associated with unlawful activity involving amphetamines; and (2) 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. 3) Amends the CSA to prohibit advertisements for the sale of drug paraphernalia and of schedule I controlled substances.

(Sec. 4) 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. 5) Amends the Federal criminal code (the 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. 7) 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 the potential for such levels of crime in the future. Limits the duration of any such program to three years. Authorizes appropriations.

(Sec. 8) 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 a 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 the El Paso Intelligence Center.

Sets limits on administrative costs.

(Sec. 9) 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. 10) 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) DOJ in connection with the removal, for purposes of Federal forfeiture and disposition, 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 or 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 DOJ from other sources.

(Sec. 11) 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 which messages shall, where appropriate, contain an electronic hyperlink to the Internet website, if any, of the Office of National Drug Control Policy.

(Sec. 12) 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) submit a monthly report of 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 C.S.A. requirements, subject to specified provisions concerning notification and the right to an expedited hearing.

(Sec. 13) Amends the CSA to prohibit and set penalties for the theft of anhydrous ammonia, or the transportation of stolen anhydrous ammonia across State lines, knowing, intending, or having reasonable cause to believe that such ammonia will be used to manufacture a controlled substance in violation of the Act.

Requires the DEA Administrator to seek to enter into an agreement with Iowa State University to permit the University to expand its current research into the development of inert agents that, when added to anhydrous ammonia, eliminate its usefulness as an ingredient in methamphetamine production. Authorizes such agreement to provide for the provision to such University of $500,000, on a reimbursable basis, for such activities. Authorizes appropriations.

(Sec. 14) Directs the Secretary of Health and Human Services to submit to designated congressional committees annual reports on the problems caused by methamphetamine consumption in rural areas, suburban areas, and small, mid-size, and large cities.

(Sec. 15) Amends the Public Health Service Act (PHSA) to authorize the Administrator of the Substance Abuse and Mental Health Services Administration to make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities to enable such entities to carry out: (1) school-based programs concerning the dangers of abuse of and addiction to methamphetamine and other illicit drugs, using methods that are effective and science-based, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and (2) community-based abuse and addiction prevention programs relating to methamphetamine and other illicit drugs that are effective and science-based.

Sets forth provisions regarding permissible grant uses, priorities in making grants, program evaluation, and reporting requirements. Authorizes appropriations for expansion of abuse prevention efforts and for practitioner registration requirements.

(Sec. 16) Amends the PHSA to authorize the Director of the National Institute on Drug Abuse to make grants or enter into cooperative agreements to expand the current and on-going interdisciplinary research and clinical trials with treatment centers of the National Drug Abuse Treatment Clinical Trials Network relating to methamphetamine abuse and addiction and other biomedical, behavioral, and social issues related to methamphetamine abuse and addiction.

Sets forth provisions regarding permissible uses of grant funds and dissemination of research results. Authorizes appropriations.

(Sec. 17) Directs the Secretary to study and report to the Senate and House Judiciary Committees on the development of medications for the treatment of addiction to amphetamine and methamphetamine. Authorizes appropriations.

(Sec. 18) Amends the CSA to waive registration requirements for practitioners who dispense schedule IV or V narcotic drugs or combinations thereof for maintenance or detoxification treatment if the practitioner submits to the Secretary a notification of intent to begin such dispensation that contains certifications by the practitioner that: (1) the practitioner is a physician licensed under State law, has demonstrable training or experience and the ability to treat and manage opiate-dependent patients, and has the demonstrated capacity to refer the patients for appropriate counseling and ancillary services; and (2) the total number of such patients at any one time will not exceed 20, with exceptions. Sets forth additional conditions, including that the drugs or combinations: (1) have been approved for use in maintenance or detoxification treatment; and (2) have not been the subject of an adverse determination.

Requires the Secretary to provide to the Attorney General requested information contained in required notifications as the Attorney General may request. Authorizes the Attorney General to consider a practitioner who violates requirements of this section to have committed an act that renders the registration to be inconsistent with the public interest.

Directs that, during the three-year period beginning upon enactment of this Act: (1) the Secretary make determinations regarding the effectiveness, increased availability, and adverse consequences for public health, of treatments provided under the waivers; and (2) the Attorney General make determinations regarding the extent to which there have been violations of numerical limitations established and regarding whether waivers have increased the extent to which narcotic drugs in schedule IV or V or combinations are being dispensed or possessed in violation of this Act.

Sets forth provisions regarding publication by the Secretary or Attorney General in the Federal Register of decisions. Prohibits a State from precluding a practitioner from dispensing narcotic drugs in schedule IV or V, or combinations of such drugs, to patients for maintenance or detoxification treatment during the three-year period unless, before the expiration of such period, the State enacts a law prohibiting a practitioner from dispensing such drugs.

(Sec. 19) Directs the Commission to amend the Federal sentencing guidelines to increase the base offense level, with respect to any offense relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine in violation of the CSA, CSIEA, or MDLEA, by specified amounts if the offense created a substantial risk of harm to human life or the environment, or to the life of a minor or incompetent.

(Sec. 20) Amends the CSA to include methamphetamine paraphernalia within provisions applicable to "drug paraphernalia."