registered under section 513 of the Public Health Service Act, if records of the drugs so dispensed or administered are kept as required by this subpart." (b) Section 4705 (c) of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following: "(5) RESEARCH.-To the dispensing or administration of narcotic drugs to any person in the course of a research project conducted by an establishment currently registered issued under section 513 of the Public Health Service Act. Such registrant shall keep a record of all such drugs dispensed or administered, showing the amount dispensed or administered, the date, and the name and address of the person to whom such drugs are dispensed or administered, except such as may be dispensed or administered to a patient upon whom a physician, dentist, veterinary surgeon, or other practitioner shall personally attend; and such record shall be kept for a period of two years from the date of dispensing or administering such drugs, subject to inspection, as provided in section 4773." (c) Section 4721 (5) of the Internal Revenue Code of 1954 is amended by striking out "research, instruction, or analysis" and inserting in lieu thereof "instruction or analysis, or for the purpose of research by an establishment currently registered under section 513 of the Public Health Service Act,”. (d) Section 4742 (b) of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following: "(6) RESEARCH PROJECTS.-To a transfer of marihuana to or by a person in the conduct of a research project conducted by an establishment currently registered under section 513 of the Public Health Service Act. Such registrant shall keep a record of all such marihuana used in such project, showing the amount used and the name and address of the person using such marihuana, and such record shall be kept for a period of two years from the date of such use, and be subject to inspection as provided in section 4773." (e) Section 4751 (4) of the Internal Revenue Code of 1954 is amended by striking out "research, instruction, or analysis" and inserting in lieu thereof "instruction or analysis, or for the purpose of research by an establishment currently registered under section 513 of the Public Health Service Act,”. TITLE V-MISCELLANEOUS TRANSFERS OF AUTHORITY SEC. 501. The functions, powers and duties of the Attorney General under Reorganization Plan Number 1 of 1968 to designate a drug as a depressant or stimulant drug under section 201 (v) of the Federal Food, Drug, and Cosmetic Act, to make a finding that a drug or other substance is an opiate under section 4731 of the Internal Revenue Code of 1954, to determine the medical, scientific, and other legitimate needs of the United States for the purpose of establishing manufacturing quotas for narcotic drugs under section 509 of the Narcotics Manufacturing Act of 1960, and to determine the amounts of narcotic drugs that should be imported or exported under sections 2 and 6 of the Act of February 9, 1909 (21 U.S.C. 173, 182), are transferred to the Secretary. AMENDMENTS RELATING TO TRANSFERS OF AUTHORITY SEC. 502. (a) The Internal Revenue Code of 1954 is amended as follows: (1) Section 4702(a)(1) is amended by striking out "The Secretary or his delegate" where it apears after subparagraph (B) and inserting in lieu thereof "The Secretary of Health, Education, and Welfare, after consultation with the Attorney General." (2) Sections 4702(a) (3) and 4702(a) (5) are each amended by striking out "The Secretary or his delegate" where it appears in those sections and inserting in lieu thereof "The Secretary of Health, Education, and Welfare, after consultation with the Attorney General." (3) Section 4705 (c) (2) (C) is amended by striking out "The Secretary or his delegate" and inserting in lieu thereof "The Secretary of Health, Education, and Welfare, after consultation with the Attorney General." (4) Sections 4731(g) (1) and 4731(g) (2) are each amended by striking out "The Secretary or his delegate (after considering the technical advice of the Secretary of Health, Education, and Welfare or his delegate, on the subject)" and inserting in lieu thereof in each such section "The Secretary of Health, Education, and Welfare, after consultation with the Attorney General". (b) Section 2(b) of the Narcotic Drugs Import and Export Act is amended by striking out "the board" and inserting in lieu thereof "the Secretary of Health, Education, and Welfare, after consultation with the Attorney General". (c) Section 10(a) of the Opium Poppy Control Act of 1942 (21 U.S.C. 188) is amended by striking out "The Secretary of the Treasury" and inserting in lieu thereof "The Secretary of Health, Education, and Welfare, after consultation with the Attorney General". (d) The Narcoties Manufacturing Act of 1960 is amended as follows : (1) The second sentence of section 5(b) (21 U.S.C. 503) is amended by strik ing out "The Secretary or his delegate” and inserting in lieu thereof "The Secretary of Health, Education, and Welfare, after consultation with the Attorney General". (2) The second sentence of section 5(d) is amended by striking out "The Secretary or his delegate" and inserting in lieu thereof "The Secretary of Health, Education, and Welfare, after consultation with the Attorney General". (3) Section 6 (21 U.S.C. 504) is amended by striking out "The Secretary or his delegate" the first and third time it appears and inserting in lieu thereof "The Secretary of Health, Education, and Welfare, after consultation with the Attorney General". (4) Section 7(b) (21 U.S.C. 505(b)) is amended by striking out "if the Sec retary or his delegate" and inserting in lieu thereof "if the Secretary of Health, Education, and Welfare, after consultation with the Attorney General". (5) Paragraph (1) of Section 8(a) (21 U.S.C. 506 (a)) is amended by striking out "which will produce" and inserting in lieu thereof "which the Secretary of Health, Education, and Welfare, after consultation with the Attorney General, determines will produce". (6) Section 11(a) (21 U.S.C. 509) is amended by striking out "the Secretary or his delegate" and inserting in lieu thereof "The Secretary of Health, Education, and Welfare, after consultation with the Attorney General". (7) Section 11(b) is amended by striking out "The Secretary or his delegate" the first time it appears in that section and inserting in lieu thereof "The Secretary of Health, Education, and Welfare, after consultation with the Attorney General". ADVISORY COMMITTEE SEC. 503. The Secretary of Health, Education, and Welfare shall appoint a committee of experts to advise him with respect to any of the determinations pertaining to drugs which he is required to make under amendments made by this Act. This committee shall be known as the Advisory Committee on Narcotics and Dangerous Drugs. It shall be composed of not less than twelve persons of diverse professional backgrounds, including the fields of pharmacology psychiatry, psychology and other behavioral sciences, manufacturing, and distribution, who, in the opinion of the Secretary, qualify as experts on the subject of narcotic drugs or depressant or stimulant drugs. [H.R. 14479 and H.R. 14480, 91st Cong., 1st Sess., introduced by Mr. Hanna (for himself, Mr. Charles H. Wilson, Mr. Burton of California, Mr. Corman, Mr. Holifield, Mr. Symington, Mrs. Mink, Mr. Clay, Mr. Ottinger, Mr. Podell, Mr. Anderson of California, Mr. Farbstein, Mr. Tunney, Mr. Miller of California, Mr. Brown of California, Mr. Moorhead, Mr. Wright, Mr. Koch, Mr. Gibbons, Mr. Byrne of Pennsylvania, Mr. Scheuer, Mr. Biaggi, Mr. Brademas, Mr. Addabbo, and Mr. William D. Ford) on October 23, 1969, and Mr. Hanna (for himself, Mr. Halpern, Mr. Mikva, Mr. Weicker, Mr. Conyers, Mr. Pettis, Mr. White, and Mr. Harrington) on October 23, 1969, respectively are identical as follows:] A BILL To authorize the appropriation of increased annual amounts for the conduct of research by the Division of Narcotic Addiction and Drug Abuse in the National Institute of Mental Health Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is authorized to be appropriated for each fiscal year beginning after the date of the enactment of this Act, for the conduct of research by the Division of Narcotic Addiction and Drug Abuse in the National Institute of Mental Health, the sum of $25,000,000. 42-121-70-pt. 1- -5 [H.R. 15432, 91st Cong., 1st Sess., introduced by Mr. Pepper (for himself Mrs. Griffiths, Mr. Nix, Mr. Waldie, Mr. Watson, Mr. Wiggins, and Mr. Denney) on December 23, 1969] A BILL To control the manufacture, distribution, and possession of methamphetamines Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) It shall be unlawful for any persons to attempt to manufacture or manufacture, distribute, or possess any substance which contains any quantity of methamphetamine (including its salts, isomers, or salts of isomers) unless such attempt or such person manufactures, distributes, or possess such substance in accordance with a license issued to him under section 2. (b) "Attempt to manufacture" as used in this Act shall mean having in one's possession immediate precursors which the Secretary of Health, Education, and Welfare shall find to be and by regulation designate the principal compound or compounds commonly used as the immediate chemical intermediary used in the manufacture of methamphetamine. SEC. 2. The Secretary of Health, Education, and Welfare is authorized to license (in accordance with regulations which he shall prescribe) persons to manufacture, distribute, and possess for the purpose of research any substance which contains any quantity of methamphetamine (including its salts, isomers, or salts of isomers). The Secretary may also license person to manufacture distribute, and possess the principal compound or compounds commonly used as the immediate chemical intermediary of methamphetamines if he finds that such substances are necessary for legal commercial use. SEC. 3. (a) Any person who violates section 1 by attempting to manufacture, manufacturing or distributing any such substance or by possessing any such substance for sale, delivery, or distribution to another shall be imprisoned for not less than one year or more than five years, or fined not more than $5,000, or both. For a second or subsequent conviction for such a violation, such person shall be imprisoned not less than five years and not more than twenty years, or fined not more than $100,00, or both. The imposition or execution of a sentence under this subsection shall not be suspended, probation shall not be granted to a person convicted under this subsection and section 4202 of title 1, United States Code, and section 4 of the Act of July 15, 1932 (D.C. Code, sec. 24-204), shall not apply to such person. (b) Any person who violates section 1 by otherwise possessing any such substance shall be imprisoned for not more than one year, or fined not more than $1,000, or both. For a second or subsequent conviction for such a violation, such person shall be imprisoned not more than three years, or fined not more than $3,000, or both. SEC. 4. This Act shall take effect one hundred and eightly days after the date of its enactment. [H.R. 15501, 91st Cong., 2d Sess., introduced by Mr. Van Deerlin on January 21, 1970] A BILL To amend the Federal Food, Drug, and Cosmetic Act to impose restrictions upon the exportation of barbiturates and amphetamines Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 301 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end thereof the following: "(r) The exportation of any barbiturates or amphetamines from the United States by any person to any other person in any foreign country, except in conformity with regulations of the Attorney General issued under section 701(a) of this Act designed to prevent diversion of barbiturates or amphetamines into illicit channels of trade." SEC. 2. Section 303 (b)(1) of such Act is amended by inserting immediately after "section 301 (q)," the following: "or section 301 (r),”. SEC. 3. The amendments made by this Act shall take effect on the first day of the sixth calendar month which begins after the date of enactment of this Act. EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D.C., March 6, 1970. Hon. HARLEY O. STAGGERS, Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: This is in reply to your request for the views of the Bureau of the Budget on H.R. 13743, a bill, "To protect the public health and safety by amending the depressant, stimulant, and hallucinogenic drug laws, and for other purposes." For the reasons expressed by the Attorney General in his testimony on February 3, 1970, before your Subcommittee on Public Health and Welfare, the Bureau of the Budget recommends the enactment of S. 3246 as passed by the Senate on January 28, 1970. Sincerely yours, WILFRED H. ROMMEL, Assistant Director for Legislative Reference. Hon. HARLEY O. STAGGERS, DEPARTMENT OF DEFENSE, OFFICE OF THE GENERAL COUNSEL, Chairman, Interstate and Foreign Commerce Committee, DEAR MR. CHAIRMAN: Reference is made to your request for the views of the Department of Defense with respect to H.R. 10408, 91st Congress, a bill "To amend the Public Health Service Act to authorize the Secretary of Health, Education, and Welfare to provide financial assistance for education and information programs relating to drugs and their abuse, and for other purposes." The purpose is as stated in the title. The bill also provides for the establishment of an Advisory Committee on Drug Abuse Education to assist the Secretary, and in addition the functions, powers, and duties of the Attorney General under Reorganization Plan Number 1 of 1968 to designate a drug as a depressant or stimulant or to find that a drug or other substance is an opiate are transferred to the Secretary of Health, Education, and Welfare. The attendant positions, personnel assets, property and unexpended balances of authorizations, allocations and funds are likewise transferred to that Secretary. Inasmuch as the bill pertains to the personnel, functions, duties and authorizations of the Departments of Justice and Health, Education, and Welfare, the Department of Defense defers to the views of those agencies as to the merits of the bill. The Bureau of the Budget advises that, from the standpoint of the Administration's program, there is no objection to the presentation of this report for the consideration of the Committee. Sincerely, Hon. HARLEY O. STAGGERS, L. NIEDERLEHNER, Acting General Counsel. GENERAL SERVICES ADMINISTRATION, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: Your letter of September 15, 1969, requested the views of the General Services Administration on H.R. 13743, 91st Congress, a bill "To protect the public health and safety by amending the depressant, stimulant, and hallucinogenic drug laws, and for other purposes.' GSA's interest in the bill arises from section 704, under which certain property may be seized by the Attorney General and subject to forfeiture to the United States. Subsection 704 (c) provides that, in the case of seized property, the Attorney General may either place the property under seal; remove it to a place designated by him; or require that the General Services Administration take custody and remove it to an appropriate location for disposition in accordance with law. Subsection 704 (e) provides that, in the case of forfeited property, the Attorney General may either retain it for official use; sell such property which is not required to be destroyed by law and which is not harmful to the public, with the additional provision that the proceeds may be disposed of for payment of certain expenses; require the General Services Administration to take custody and remove it for disposition in accordance with law; or forward it to the Bureau of Narcotics and Dangerous Drugs for disposition, which disposition may include delivery for medical or scientific use to any Federal or State agency, under regulations of the Attorney General. Disposition of seized property could not be effected under the bill until after its forfeiture has occurred either by court action or by operation of law. Since GSA therefore would be unable to dispose of property merely seized, it would serve no useful purpose to require GSA to take custody of such property prior to forfeiture. Accordingly, it is recommended that the following changes be made on page 61 of the bill: add the word "or" after the semicolon on line 18; change the semicolon to a period and delete the word "or" on line 20; and delete paragraph (3), lines 21 through 24. With respect to forfeited property, we feel that (a) it also should be made available to other Federal agencies for official use, if not required by the Attorney General, particularly when it may involve property such as aircraft, vehicles or vessels; (b) there appears to be no need for additional authority to sell such property, since there is already adequate sales authority provided in Title 40 U.S.C. 304f through 304m; and (c) such property forwarded to the Bureau of Narcotics and Dangerous Drugs for disposition should be limited to controlled dangerous substances. Therefore, in view of the above, we recommend that section 704(e) be replaced by the following new subsection: "(e) Wheneve property is forfeited under this Act, the provisions of Title 40 U.S.C. 304f through 304m shall apply: Provided, That the Attorney General may forward any controlled dangerous substances to the Bureau of Narcotics and Dangerous Drugs for disposition, which disposition may include delivery for medical or scientific use to any Federal or State agency, under regulations of the Attorney General; and Provided further, That the proceeds of sale of any forfeited property may be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs." Subject to the above recommended changes, GSA has no objection to the enactment of H.R. 13743. The Bureau of the Budget has advised that, from the standpoint of the Administration's program, there is no objection to the submission of this report to your Committee. Sincerely, ROD KREGER, Assistant Administrator. DEPARTMENT OF HEALTH, EDUCATION, AND Welfare, Hon. HARLEY O. STAGGERS, OFFICE OF THE SECRETARY, Washington, D.C., April 14, 1970. Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: This letter is in response to your request of September 15, 1969, for a report on H.R. 13743, a bill entitled the "Controlled Depressant and Stimulant Drugs Act of 1969." Title I of the bill contains the Findings of Congress with regard to the necessity of controlling dangerous substances and the definition of the bill's principal terms. Title II designates the substances to be controlled and lists criteria to be considered by the Attorney General in deciding whether to add, delete, or reschedule substances as controlled dangerous substances. Before making this decision, |