Pub.L. 104-238 To provide educational assistance to the dependents of Federal law enforcement officials who are killed or disabled in the performance of their duties. <> ...

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[[Page 110 STAT. 3099]]

Public Law 104-237
104th Congress

                                 An Act


 
            To prevent the illegal manufacturing and use of 
          methamphetamine. <<NOTE: Oct. 3, 1996 -  [S. 1965]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Comprehensive 
Methamphetamine Control Act of 1996.>> assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short <<NOTE: 21 USC 801 note.>> Title.--This Act may be cited 
as the ``Comprehensive Methamphetamine Control Act of 1996''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.

     TITLE I--IMPORTATION OF METHAMPHETAMINE AND PRECURSOR CHEMICALS

Sec. 101. Support for international efforts to control drugs.
Sec. 102. Penalties for manufacture of listed chemicals outside the 
           United States with intent to import them into the United 
           States.

   TITLE II--PROVISIONS TO CONTROL THE MANUFACTURE OF METHAMPHETAMINE

Sec. 201. Seizure and forfeiture of regulated chemicals.
Sec. 202. Study and report on measures to prevent sales of agents used 
           in methamphetamine production.
Sec. 203. Increased penalties for manufacture and possession of 
           equipment used to make controlled substances.
Sec. 204. Addition of iodine and hydrochloric gas to list II.
Sec. 205. Civil penalties for firms that supply precursor chemicals.
Sec. 206. Injunctive relief.
Sec. 207. Restitution for cleanup of clandestine laboratory sites.
Sec. 208. Record retention.
Sec. 209. Technical amendments.
Sec. 210. Withdrawal of regulations.

   TITLE III--INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE OF 
                     METHAMPHETAMINE AND PRECURSORS

Sec. 301. Penalty increases for trafficking in methamphetamine.
Sec. 302. Enhanced penalties for offenses involving certain listed 
           chemicals.
Sec. 303. Enhanced penalty for dangerous handling of controlled 
           substances: amendment of sentencing guidelines.

    TITLE IV--LEGAL MANUFACTURE, DISTRIBUTION, AND SALE OF PRECURSOR 
                                CHEMICALS

Sec. 401. Diversion of certain precursor chemicals.
Sec. 402. Mail order restrictions.

                     TITLE V--EDUCATION AND RESEARCH

Sec. 501. Interagency methamphetamine task force.
Sec. 502. Public health monitoring.
Sec. 503. Public-private education program.
Sec. 504. Suspicious orders task force.

[[Page 110 STAT. 3100]]

SEC. 2. <<NOTE: 21 USC 801 note.>>  FINDINGS.

    The Congress finds the following:
            (1) Methamphetamine is a very dangerous and harmful drug. It 
        is highly addictive and is associated with permanent brain 
        damage in long-term users.
            (2) The abuse of methamphetamine has increased dramatically 
        since 1990. This increased use has led to devastating effects on 
        individuals and the community, including--
                    (A) a dramatic increase in deaths associated with 
                methamphetamine ingestion;
                    (B) an increase in the number of violent crimes 
                associated with methamphetamine ingestion; and
                    (C) an increase in criminal activity associated with 
                the illegal importation of methamphetamine and precursor 
                compounds to support the growing appetite for this drug 
                in the United States.
            (3) Illegal methamphetamine manufacture and abuse presents 
        an imminent public health threat that warrants aggressive law 
        enforcement action, increased research on methamphetamine and 
        other substance abuse, increased coordinated efforts to prevent 
        methamphetamine abuse, and increased monitoring of the public 
        health threat methamphetamine presents to the communities of the 
        United States.

     TITLE I--IMPORTATION OF METHAMPHETAMINE AND PRECURSOR CHEMICALS

SEC. 101. SUPPORT <<NOTE: 21 USC 801 note.>>  FOR INTERNATIONAL 
                        EFFORTS TO CONTROL DRUGS.

    The Attorney General, in consultation with the Secretary of State, 
shall coordinate international drug enforcement efforts to decrease the 
movement of methamphetamine and methamphetamine precursors into the 
United States.
SEC. 102. PENALTIES FOR MANUFACTURE OF LISTED CHEMICALS OUTSIDE 
                        THE UNITED STATES WITH INTENT TO IMPORT 
                        THEM INTO THE UNITED STATES.

    (a) Unlawful Importation.--Section 1009(a) of the Controlled 
Substances Import and Export Act (21 U.S.C. 959(a)) is amended--
            (1) in the matter before paragraph (1), by inserting ``or 
        listed chemical'' after ``schedule I or II''; and
            (2) in paragraphs (1) and (2), by inserting ``or chemical'' 
        after ``substance''.

    (b) Unlawful Manufacture or Distribution.--Paragraphs (1) and (2) of 
section 1009(b) of the Controlled Substances Import and Export Act (21 
U.S.C. 959(b)) are amended by inserting ``or listed chemical'' after 
``controlled substance''.
    (c) Penalties.--Section 1010(d) of the Controlled Substances Import 
and Export Act (21 U.S.C. 960(d)) is amended--
            (1) in paragraph (5), by striking ``or'' at the end;
            (2) in paragraph (6), by striking the comma at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:

[[Page 110 STAT. 3101]]

            ``(7) manufactures, possesses with intent to distribute, or 
        distributes a listed chemical in violation of section 959 of 
        this title.''.

   TITLE II--PROVISIONS TO CONTROL THE MANUFACTURE OF METHAMPHETAMINE

SEC. 201. SEIZURE AND FORFEITURE OF REGULATED CHEMICALS.

    (a) Penalties for Simple Possession.--Section 404 of the Controlled 
Substances Act (21 U.S.C. 844) is amended--
            (1) in subsection (a)--
                    (A) by adding after the first sentence the 
                following: ``It shall be unlawful for any person 
                knowingly or intentionally to possess any list I 
                chemical obtained pursuant to or under authority of a 
                registration issued to that person under section 303 of 
                this title or section 1008 of title III if that 
                registration has been revoked or suspended, if that 
                registration has expired, or if the registrant has 
                ceased to do business in the manner contemplated by his 
                registration.''; and
                    (B) by striking ``drug or narcotic'' and inserting 
                ``drug, narcotic, or chemical'' each place it appears; 
                and
            (2) in subsection (c), by striking ``drug or narcotic'' and 
        inserting ``drug, narcotic, or chemical''.

    (b) Forfeitures.--Section 511(a) of the Controlled Substances Act 
(21 U.S.C. 881(a)) is amended--
            (1) in paragraphs (2) and (6), by inserting ``or listed 
        chemical'' after ``controlled substance'' each place it appears; 
        and
            (2) in paragraph (9), by--
                    (A) inserting ``dispensed, acquired,'' after 
                ``distributed,'' both places it appears; and
                    (B) striking ``a felony provision of''.

    (c) Seizure.--Section 607 of the Tariff Act of 1930 (19 U.S.C. 1607) 
is amended--
            (1) in subsection (a)(3), by inserting ``or listed 
        chemical'' after ``controlled substance''; and
            (2) by amending subsection (b) to read as follows:

    ``(b) As used in this section, the terms `controlled substance' and 
`listed chemical' have the meaning given such terms in section 102 of 
the Controlled Substances Act (21 U.S.C. 802).''.
SEC. 202. STUDY <<NOTE: 21 USC 872 note.>> AND REPORT ON MEASURES 
                        TO PREVENT SALES OF AGENTS USED IN 
                        METHAMPHETAMINE PRODUCTION.

    (a) Study.--The Attorney General of the United States shall conduct 
a study on possible measures to effectively prevent the diversion of red 
phosphorous, iodine, hydrochloric gas, and other agents for use in the 
production of methamphetamine. Nothing in this section shall preclude 
the Attorney General from taking any action the Attorney General already 
is authorized to take with regard to the regulation of listed chemicals 
under current law.
    (b) Report.--Not later than January 1, 1998, the Attorney General 
shall submit a report to the Congress of its findings pursu

[[Page 110 STAT. 3102]]

ant to the study conducted under subsection (a) on the need for and 
advisability of preventive measures.
    (c) Considerations.--In developing recommendations under subsection 
(b), the Attorney General shall consider--
            (1) the use of red phosphorous, iodine, hydrochloric gas, 
        and other agents in the illegal manufacture of methamphetamine;
            (2) the use of red phosphorous, iodine, hydrochloric gas, 
        and other agents for legitimate, legal purposes, and the impact 
        any regulations may have on these legitimate purposes; and
            (3) comments and recommendations from law enforcement, 
        manufacturers of such chemicals, and the consumers of such 
        chemicals for legitimate, legal purposes.
SEC. 203. INCREASED PENALTIES FOR MANUFACTURE AND POSSESSION OF 
                        EQUIPMENT USED TO MAKE CONTROLLED 
                        SUBSTANCES.

    (a) In General.--Section 403(d) of the Controlled Substances Act (21 
U.S.C. 843(d)) is amended--
            (1) by striking ``(d) Any person'' and inserting ``(d)(1) 
        Except as provided in paragraph (2), any person''; and
            (2) by adding at the end the following:

    ``(2) Any person who, with the intent to manufacture or to 
facilitate the manufacture of methamphetamine, violates paragraph (6) or 
(7) of subsection (a), shall be sentenced to a term of imprisonment of 
not more than 10 years, a fine of not more than $30,000, or both; except 
that if any person commits such a violation after one or more prior 
convictions of that person--
            ``(A) for a violation of paragraph (6) or (7) of subsection 
        (a);
            ``(B) for a felony under any other provision of this 
        subchapter or subchapter II of this chapter; or
            ``(C) under any other law of the United States or any State 
        relating to controlled substances or listed chemicals,

has become final, such person shall be sentenced to a term of 
imprisonment of not more than 20 years, a fine of not more than $60,000, 
or both.''.
    (b) Sentencing <<NOTE: 28 USC 994 note.>> Commission.--The United 
States Sentencing Commission shall amend the sentencing guidelines to 
ensure that the manufacture of methamphetamine in violation of section 
403(d)(2) of the Controlled Substances Act, as added by subsection (a), 
is treated as a significant violation.
SEC. 204. ADDITION OF IODINE AND HYDROCHLORIC GAS TO LIST II.

    (a) In General.--Section 102(35) of the Controlled Substances Act 
(21 U.S.C. 802(35)) is amended by adding at the end the following:
                    ``(I) Iodine.
                    ``(J) Hydrochloric gas.''.

    (b) Importation <<NOTE: 21 USC 971 note.>> and Exportation 
Requirements.--(1) Iodine shall not be subject to the requirements for 
listed chemicals provided in section 1018 of the Controlled Substances 
Import and Export Act (21 U.S.C. 971).

    (2) Effect of Exception.--The exception made by paragraph (1) shall 
not limit the authority of the Attorney General to impose the 
requirements for listed chemicals provided in section 1018 of the 
Controlled Substances Import and Export Act (21 U.S.C. 971).

[[Page 110 STAT. 3103]]

SEC. 205. CIVIL PENALTIES FOR FIRMS THAT SUPPLY PRECURSOR 
                        CHEMICALS.

    (a) Offenses.--Section 402(a) of the Controlled Substances Act (21 
U.S.C. 842(a)) is amended--
            (1) in paragraph (9), by striking ``or'' after the 
        semicolon;
            (2) in paragraph (10), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(11) to distribute a laboratory supply to a person who 
        uses, or attempts to use, that laboratory supply to manufacture 
        a controlled substance or a listed chemical, in violation of 
        this title or title III, with reckless disregard for the illegal 
        uses to which such a laboratory supply will be put.

As used in paragraph (11), the term `laboratory supply' means a listed 
chemical or any chemical, substance, or item on a special surveillance 
list published by the Attorney General, which contains chemicals, 
products, materials, or equipment used in the manufacture of controlled 
substances and listed chemicals. For purposes of paragraph (11), there 
is a rebuttable presumption of reckless disregard at trial if the 
Attorney General notifies a firm in writing that a laboratory supply 
sold by the firm, or any other person or firm, has been used by a 
customer of the notified firm, or distributed further by that customer, 
for the unlawful production of controlled substances or listed chemicals 
a firm distributes and 2 weeks or more after the notification the 
notified firm distributes a laboratory supply to the customer.''.
    (b) Civil Penalty.--Section 402(c)(2) of the Controlled Substances 
Act (21 U.S.C. 842(c)(2)) is amended by adding at the end the following:
            ``(C) In addition to the penalties set forth elsewhere in 
        this title or title III, any business that violates paragraph 
        (11) of subsection (a) shall, with respect to the first such 
        violation, be subject to a civil penalty of not more than 
        $250,000, but shall not be subject to criminal penalties under 
        this section, and shall, for any succeeding violation, be 
        subject to a civil fine of not more than $250,000 or double the 
        last previously imposed penalty, whichever is greater.''.

SEC. 206. INJUNCTIVE RELIEF.

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