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Union Calendar No. 529
106th CONGRESS
2d Session
H. R. 2987
[Report No. 106-878, Part I]
To provide for the punishment of methamphetamine laboratory operators,
provide additional resources to combat methamphetamine production,
trafficking, and abuse in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 30, 1999
Mr. Cannon (for himself, Mr. Hutchinson, Mr. Rogan, Mr. McCollum, Mr.
Sessions, Mr. Pickering, Ms. Lofgren, Mr. Berman, Mr. Canady of
Florida, Mr. Gibbons, Mr. Calvert, Mr. Gallegly, and Mr. Salmon)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
September 21, 2000
Additional sponsors: Mr. Talent, Mr. Nethercutt, Mr. Moran of Kansas,
Mr. Forbes, Mr. Simpson, Mr. Ose, Mr. Herger, Mr. Kuykendall, Mrs.
Bono, Mr. Walden of Oregon, Mr. Buyer, Mr. Baird, Mr. Whitfield, Mr.
Terry, and Mrs. Emerson
September 21, 2000
Reported from the Committee on the Judiciary with amendments
[Strike out all after the enacting clause and insert the part printed
in italic]
September 21, 2000
Referral to the Committee on Commerce extended until September 21, 2000
September 21, 2000
The Committee on Commerce discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
September 30, 1999]
_______________________________________________________________________
A BILL
To provide for the punishment of methamphetamine laboratory operators,
provide additional resources to combat methamphetamine production,
trafficking, and abuse in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Methamphetamine
and Club Drug Anti-Proliferation Act of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--METHAMPHETAMINE PRODUCTION, TRAFFICKING, AND ABUSE
Subtitle A--Criminal Penalties
Sec. 101. Enhanced punishment of amphetamine laboratory operators.
Sec. 102. Enhanced punishment of amphetamine or methamphetamine
laboratory operators.
Sec. 103. Mandatory restitution for violations of controlled substances
act and controlled substances import and
export act relating to amphetamine and
methamphetamine.
Sec. 104. Methamphetamine paraphernalia.
Subtitle B--Enhanced Law Enforcement
Sec. 111. Environmental hazards associated with illegal manufacture of
amphetamine and methamphetamine.
Sec. 112. Reduction in retail sales transaction threshold for non-safe
harbor products containing pseudoephedrine
or phenylpropanolamine.
Sec. 113. Training for drug enforcement administration and State and
local law enforcement personnel relating to
clandestine laboratories.
Sec. 114. Combatting methamphetamine and amphetamine in high intensity
drug trafficking areas.
Sec. 115. Combating amphetamine and methamphetamine manufacturing and
trafficking.
Subtitle C--Abuse Prevention and Treatment
Sec. 121. Expansion of methamphetamine research.
Sec. 122. Methamphetamine and amphetamine treatment initiative by
center for substance abuse treatment.
Sec. 123. Expansion of methamphetamine abuse prevention efforts.
Sec. 124. Study of methamphetamine treatment.
Subtitle D--Reports
Sec. 131. Reports on consumption of methamphetamine and other illicit
drugs in rural areas, metropolitan areas,
and consolidated metropolitan areas.
Sec. 132. Report on diversion of ordinary, over-the-counter
pseudoephedrine and phenylpropanolamine
products.
TITLE II--CONTROLLED SUBSTANCES GENERALLY
Subtitle A--Criminal Matters
Sec. 201. Enhanced punishment for trafficking in list I chemicals.
Sec. 202. Mail order requirements.
Sec. 203. Theft and transportation of anhydrous ammonia for purposes of
illicit production of controlled
substances.
Subtitle B--Other Matters
Sec. 211. Waiver authority for physicians who dispense or prescribe
certain narcotic drugs for maintenance
treatment or detoxification treatment.
TITLE III--MISCELLANEOUS
Sec. 301. Antidrug messages on Federal government internet websites.
Sec. 302. Severability.
TITLE IV--CLUB DRUG ANTI-PROLIFERATION
Sec. 401. Enhanced punishment of club drug traffickers.
Sec. 402. Enhanced punishment of ghb traffickers.
Sec. 403. Emergency authority to sentencing commission.
Sec. 404. Expansion of club drug abuse prevention efforts.
TITLE V--REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRATION OF EXPENSES
INCURRED TO REMEDIATE METHAMPHETAMINE LABORATORIES
Sec. 501. Reimbursement by drug enforcement administration of expenses
incurred to remediate methamphetamine
laboratories.
TITLE VI--FEDERAL DRUG COURTS
Sec. 601. Establishment.
Sec. 602. Rehabilitation program.
Sec. 603. Authorization of appropriations.
TITLE VII--STUDY OF THE EFFECT OF MANDATORY MINIMUM SENTENCES FOR
NONVIOLENT CONTROLLED SUBSTANCE OFFENSES
Sec. 701. Findings.
Sec. 702. Department of justice study.
TITLE VIII--RULE OF CONSTRUCTION
Sec. 801. Rule of construction.
TITLE I--METHAMPHETAMINE PRODUCTION, TRAFFICKING, AND ABUSE
Subtitle A--Criminal Penalties
SEC. 101. ENHANCED PUNISHMENT OF AMPHETAMINE LABORATORY OPERATORS.
(a) Amendment to Federal Sentencing Guidelines.--Pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall amend the Federal sentencing
guidelines in accordance with this section with respect to any offense
relating to the manufacture, importation, exportation, or trafficking
in amphetamine (including an attempt or conspiracy to do any of the
foregoing) in violation of--
(1) the Controlled Substances Act (21 U.S.C. 801 et seq.);
(2) the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.); or
(3) the Maritime Drug Law Enforcement Act (46 U.S.C. App.
1901 et seq.).
(b) General Requirement.--In carrying out this section, the United
States Sentencing Commission shall, with respect to each offense
described in subsection (a) relating to amphetamine--
(1) review and amend its guidelines to provide for
increased penalties such that those penalties are comparable to
the base offense level for methamphetamine; and
(2) take any other action the Commission considers
necessary to carry out this subsection.
(c) Additional Requirements.--In carrying out this section, the
United States Sentencing Commission shall ensure that the sentencing
guidelines for offenders convicted of offenses described in subsection
(a) reflect the heinous nature of such offenses, the need for
aggressive law enforcement action to fight such offenses, and the
extreme dangers associated with unlawful activity involving
amphetamines, including--
(1) the rapidly growing incidence of amphetamine abuse and
the threat to public safety that such abuse poses;
(2) the high risk of amphetamine addiction;
(3) the increased risk of violence associated with
amphetamine trafficking and abuse; and
(4) the recent increase in the illegal importation of
amphetamine and precursor chemicals.
(d) Emergency Authority to Sentencing Commission.--The United
States Sentencing Commission shall promulgate amendments pursuant to
this section as soon as practicable after the date of the enactment of
this Act in accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987 (Public Law 100-182), as though the
authority under that Act had not expired.
SEC. 102. ENHANCED PUNISHMENT OF AMPHETAMINE OR METHAMPHETAMINE
LABORATORY OPERATORS.
(a) Federal Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend the Federal sentencing
guidelines in accordance with paragraph (2) with respect to any
offense relating to the manufacture, attempt to manufacture, or
conspiracy to manufacture amphetamine or methamphetamine in
violation of--
(A) the Controlled Substances Act (21 U.S.C. 801 et
seq.);
(B) the Controlled Substances Import and Export Act
(21 U.S.C. 951 et seq.); or
(C) the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.).
(2) Requirements.--In carrying out this paragraph, the
United States Sentencing Commission shall increase the offense
level--
(A) if the offense created a substantial risk of
harm to human life or the environment;
(B) if the offense created a substantial risk of
harm to the life of a minor or incompetent.
(3) Emergency authority to sentencing commission.--The
United States Sentencing Commission shall promulgate amendments
pursuant to this subsection as soon as practicable after the
date of enactment of this Act in accordance with the procedure
set forth in section 21(a) of the Sentencing Act of 1987
(Public Law 100-182), as though the authority under that Act
had not expired.
(b) Effective Date.--The amendments made pursuant to this section
shall apply with respect to any offense occurring on or after the date
that is 60 days after the date of enactment of this Act.
SEC. 103. MANDATORY RESTITUTION FOR VIOLATIONS OF CONTROLLED SUBSTANCES
ACT AND CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT
RELATING TO AMPHETAMINE AND METHAMPHETAMINE.
(a) Mandatory Restitution.--Section 413(q) of the Controlled
Substances Act (21 U.S.C. 853(q)) is amended--
(1) in the matter preceding paragraph (1), by striking
``may'' and inserting ``shall'';
(2) by inserting ``amphetamine or'' before
``methamphetamine'' each place it appears;
(3) in paragraph (2)--
(A) by inserting ``, the State or local government
concerned, or both the United States and the State or
local government concerned'' after ``United States''
the first place it appears; and
(B) by inserting ``or the State or local government
concerned, as the case may be,'' after ``United
States'' the second place it appears; and
(4) in paragraph (3), by striking ``section 3663 of title
18, United States Code'' and inserting ``section 3663A of title
18, United States Code''.
(b) Deposit of Amounts in Department of Justice Assets Forfeiture
Fund.--Section 524(c)(4) of title 28, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) all amounts collected--
``(i) by the United States pursuant to a
reimbursement order under paragraph (2) of section
413(q) of the Controlled Substances Act (21 U.S.C.
853(q)); and
``(ii) pursuant to a restitution order under
paragraph (1) or (3) of section 413(q) of the
Controlled Substances Act for injuries to the United
States.''.
(c) Clarification of Certain Orders of Restitution.--Section
3663(c)(2)(B) of title 18, United States Code, is amended by inserting
``which may be'' after ``the fine''.
(d) Expansion of Applicability of Mandatory Restitution.--Section
3663A(c)(1)(A)(ii) of title 18, United States Code, is amended by
inserting ``or under section 416(a) of the Controlled Substances Act
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