Home > 106th Congressional Bills > S. 486 (is) 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. [Introduced in Senate] ...

S. 486 (is) 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. [Introduced in Senate] ...


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106th CONGRESS
  1st Session
                                 S. 486

_______________________________________________________________________

                                 AN ACT


 
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 
Anti-Proliferation Act of 1999''.
    (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. Advertisements for drug paraphernalia and schedule I 
                            controlled substances.
Sec. 204. Theft and transportation of anhydrous ammonia for purposes of 
                            illicit production of controlled 
                            substances.
Sec. 205. Criminal prohibition on distribution of certain information 
                            relating to the manufacture 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. Notice; clarification.
Sec. 302. Antidrug messages on Federal Government Internet websites.
Sec. 303. Severability.

      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--
                    (A) if the offense created a substantial risk of 
                harm to human life (other than a life described in 
                subparagraph (B)) or the environment, increase the base 
                offense level for the offense--
                            (i) by not less than 3 offense levels above 
                        the applicable level in effect on the date of 
                        the enactment of this Act; or
                            (ii) if the resulting base offense level 
                        after an increase under clause (i) would be 
                        less than level 27, to not less than level 27; 
                        or
                    (B) if the offense created a substantial risk of 
                harm to the life of a minor or incompetent, increase 
                the base offense level for the offense--
                            (i) by not less than 6 offense levels above 
                        the applicable level in effect on the date of 
                        the enactment of this Act; or
                            (ii) if the resulting base offense level 
                        after an increase under clause (i) would be 
                        less than level 30, to not less than level 30.
            (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 
(21 U.S.C. 856(a)),'' after ``under this title,''.
    (e) Treatment of Illicit Substance Manufacturing Operations as 
Crimes Against Property.--Section 416 of the Controlled Substances Act 
(21 U.S.C. 856) is amended by adding at the end the following new 
subsection:
    ``(c) A violation of subsection (a) shall be considered an offense 
against property for purposes of section 3663A(c)(1)(A)(ii) of title 
18, United States Code.''.

SEC. 104. METHAMPHETAMINE PARAPHERNALIA.

    Section 422(d) of the Controlled Substances Act (21 U.S.C. 863(d)) 
is amended in the matter preceding paragraph (1) by inserting 
``methamphetamine,'' after ``PCP,''.

                  Subtitle B--Enhanced Law Enforcement

SEC. 111. ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL MANUFACTURE OF 
              AMPHETAMINE AND METHAMPHETAMINE.

    (a) Use of Amounts or Department of Justice Assets Forfeiture 
Fund.--Section 524(c)(1)(E) of title 28, United States Code, is 
amended--
            (1) by inserting ``(i) for'' before ``disbursements'';
            (2) by inserting ``and'' after the semicolon; and
            (3) by adding at the end the following:
            ``(ii) for payment for--
                    ``(I) costs incurred by or on behalf of the 
                Department of Justice 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
                    ``(II) costs incurred by or on behalf of 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 in such case;''.
    (b) Grants Under Drug Control and System Improvement Grant 
Program.--Section 501(b)(3) of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by inserting before the semicolon the 
following: ``and to remove any hazardous substance or pollutant or 
contaminant associated with the illegal manufacture of amphetamine or 
methamphetamine''.
    (c) Amounts Supplement and Not Supplant.--
            (1) Assets forfeiture fund.--Any amounts made available 

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