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The Children's Health Act of 2000:
A Summary

Title XXXVI - Methamphetamine Anti-Proliferation

Subtitle A - Methamphetamine Production

Part I - Criminal Penalties
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Section 3611 - Enhanced Punishment of Amphetamine Laboratory Operators

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Directs the Sentencing Commission to raise the penalties for amphetamine related offenses to a level comparable to those for methamphetamine.
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Section 3612 - Enhanced Punishment of Amphetamine and Methamphetamine Operators
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Amends the Sentencing Guidelines by increasing the base offense level for manufacturing amphetamine or methamphetamine to not less than level 27 if the offense created a substantial risk of harm to human life or to the environment and to not less than level 30 if the offense created a substantial risk of harm to the life of a minor or incompetent.
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Section 3613 - Mandatory Restitution for Meth Lab Clean-Up
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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.
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Section 3614 - Methamphetamine Paraphernalia
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Amends the anti-paraphernalia statute to include paraphernalia used in connection with methamphetamine use.
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Part II - Enhanced Law Enforcement
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Section 3621 - Environmental Hazards Associated With Illegal Manufacture of Amphetamine and Methamphetamine
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Authorizes the DEA to receive money from the Asset Forfeiture Fund to pay for clean-up costs associated with the illegal manufacture of amphetamine or methamphetamine for the purposes of federal forfeiture and disposition. It also allows for reimbursement to State and local entities for clean-up costs when they assist in a federal prosecution on amphetamine or methamphetamine related charges to the extent such costs exceed equitable sharing payments made to such State or local government in such case.
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Section 3622 - Reduction in Threshold for Non-Safe Harbor Productions

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Reduces the threshold for retail sales of non-safe harbor products containing pseudoephedrine or phenylpropanolamine from 24 grams to 9 grams. It also limits the package size to not more than 3 grams of pseudoephedrine or phenylpropanolamine base.

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Section 3623 - Training for Drug Enforcement Administration and State and Local Law Enforcement Personnel Relating to Clandestine Laboratories

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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.
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Section 3624 - Combating Methamphetamine in High Intensity Drug Trafficking Areas
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Authorizes $15 million a year for fiscal years 2001-2004 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.
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Section 3625 - Combating Amphetamine and Methamphetamine Manufacturing and Trafficking

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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, including assistance with foreign-language interpretation; 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. It also authorizes $3 million to enhance the investigative and related functions of the Chemical Control Program to implement further the provisions of the Comprehensive Methamphetamine Control Act of 1996. The funds shall be used to account accurately for the import and export of List I chemicals and coordinate investigations surrounding the diversion of these chemicals; to develop a computer infrastructure sufficient to process and analyze time sensitive enforcement information from suspicious orders reported to DEA field offices and other law enforcement; and to establish an education, training, and communications process to alert industry of current trends and emerging patterns of illicit manufacturing activities.
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Part III - Abuse Prevention and Treatment
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Section 3631 - Expansion of Methamphetamine Research

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Allows the Director of the National Institute on Drug Abuse (NIDA) to make grants and enter into cooperative agreements to expand the National Drug Abuse Treatment Clinical Trials Network and current and on-going research and clinical trials with treatment centers relating to methamphetamine abuse and addiction and other biomedical, behavioral and social issues related to methamphetamine abuse and addiction.
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Section 3632 - Methamphetamine and Amphetamine Addiction Treatment
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Authorizes $10 million in grants to States that have a high rate, or have had a rapid increase, in methamphetamine or amphetamine abuse or addiction, for treatment of methamphetamine and amphetamine addiction.
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Section 3633 - Study of Methamphetamine Treatment
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Requires the Secretary of HHS, in consultation with the Institute of Medicine of the National Academy of Sciences, to conduct a study on the development of medications for the treatment of addiction to amphetamine and methamphetamine. This section allows the Director of the National Institute on Drug Abuse (NIDA) to make grants and enter into cooperative agreements to expand the National Drug Abuse Treatment Clinical Trials Network and current and on-going research and clinical trials with treatment centers relating to methamphetamine abuse and addiction and other biomedical, behavioral and social issues related to methamphetamine abuse and addiction. It authorizes to be appropriated such sums as may be necessary and such sums are to supplement and not supplant any other amounts appropriated for research on methamphetamine abuse and addiction.
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Part IV - Abuse Prevention and Treatment
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Section 3641 - Report on Consumption of Methamphetamine and Other Illicit Drugs in Rural Areas, Metropolitan Areas, and Consolidated Metropolitan Areas
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Requires HHS to include in its annual National Household Survey on Drug Abuse prevalence data on the consumption of methamphetamine and other illicit drugs in rural, metropolitan, and consolidated metropolitan areas.
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Section 3642 - Report on Diversion of Ordinary, Over-the-Counter Pseudoephedrine and Phenylpropanolamine Products
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Requires the Attorney General to conduct a study on the use of ordinary over-the-counter pseudoephedrine and phenylpropanolamine products in the clandestine production of illicit drugs. The report shall include the AG's findings and recommendations on the need for additional measures, including thresholds, to prevent diversion of blister pack products. This section requires HHS to include in its annual National Household Survey on Drug Abuse prevalence data on the consumption of methamphetamine and other illicit drugs in rural, metropolitan, and consolidated metropolitan areas.
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Subtitle B - Controlled Substance Generally
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Section 3651 - Enhanced Punishment of Trafficking in List I Chemicals
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Directs the Sentencing Commission to increase the penalties for violations involving ephedrine, pseudoephedrine, and phenylpropanolamine so that the penalties correspond to the quantity of controlled substance that could reasonably have been manufactured from these chemicals.
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Section 3652 - Mail Order Requirements
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Makes changes to the reporting requirements of 21 U.S.C. 830(b)(3). Reporting will no longer be required for valid prescriptions, limited distributions of sample packages, distributions by retail distributors if consistent with authorized activities, distributions to long term care facilities, and any product which has been exempted by the AG. This section represents changes to the reporting requirements of 21 U.S.C. 830(b)(3) worked out between the DEA and industry. Reporting will no longer be required for valid prescriptions, limited distributions of sample packages, distributions by retail distributors if consistent with authorized activities, distributions to long term care facilities, and any product which has been exempted by the AG. It also allows the AG to revoke an exemption if he finds the drug product being distributed is being used in violation of the Controlled Substances Act.
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Section 3653 - Theft and Transportation of Anhydrous Ammonia For Purposes of Illicit Production of Controlled Substances

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Makes it unlawful for a person to steal anhydrous ammonia or to transport stolen anhydrous ammonia across State lines knowing, intending, or having reasonable cause to believe that such anhydrous ammonia will be used to manufacture a controlled substance. It also provides funding to continue and expand current research into the development of inert agents that will eliminate the usefulness of anhydrous ammonia as an ingredient in the production of methamphetamine
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Subtitle C - Ecstasy Anti-Proliferations Act of 2000
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Sections 3661 - 3665
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Directs the Sentencing Commission to review and amend the Ecstasy guidelines to provide for increased penalties such that those penalties reflect the seriousness of the offenses of trafficking in and importing Ecstasy and related drugs. Section 3665 authorizes $10 million in grants for prevention efforts concerning Ecstasy and other "club drugs."
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Subtitle D - Miscellaneous
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Section 3671 - Anti-drug Messages on Federal Government Internet Websites
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This section requires all federal departments and agencies, in consultation with ONDCP, to place anti-drug 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.
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Section 3646 - Reimbursement By Drug Enforcement Administration of Expenses Incurred To Remediate Methamphetamine Laboratories
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Authorizes $20 million to be appropriated in FY 2001 for the DEA to reimburse States, units of local government, Indian tribal governments, and other public entities for expenses incurred to clean-up and safely dispose of substances associated with clandestine methamphetamine laboratories which may present a danger to public health or the environment.
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Section 3673 - Severability Section
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Any provision held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, is to be given the maximum effect permitted by law, or if it is held to be invalid or unenforceable, such provision shall be severed from this Act.
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