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Calendar No. 260
106th CONGRESS
1st Session
S. 486
_______________________________________________________________________
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.
_______________________________________________________________________
August 5, 1999
Reported with an amendment
Calendar No. 260
106th CONGRESS
1st Session
S. 486
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 SENATE OF THE UNITED STATES
February 25, 1999
Mr. Ashcroft (for himself, Mr. DeWine, Mr. Bond, Mr. Enzi, Mr. Nickles,
Mr. Thurmond, Mr. Kyl, and Mr. Coverdell) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
August 5, 1999
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Determined and Full
Engagement Against the Threat of Methamphetamine'' or ``DEFEAT Meth''
Act of 1999.</DELETED>
<DELETED>SEC. 2. ENHANCED PUNISHMENT OF METHAMPHETAMINE LABORATORY
OPERATORS.</DELETED>
<DELETED> (a) Federal Sentencing Guidelines.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the Controlled Substances Act (21
U.S.C. 801 et seq.);</DELETED>
<DELETED> (B) the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.); or</DELETED>
<DELETED> (C) the Maritime Drug Law Enforcement Act
(46 U.S.C. App. 1901 et seq.).</DELETED>
<DELETED> (2) Requirements.--In carrying out this paragraph,
the United States Sentencing Commission shall, with respect to
each offense described in paragraph (1)--</DELETED>
<DELETED> (A) increase the base offense level for
the offense--</DELETED>
<DELETED> (i) by not less than 3 offense
levels above the applicable level in effect on
the date of enactment of this Act; or</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) if the offense created a substantial
risk of danger to the health and safety of another
person (including any Federal, State, or local law
enforcement officer lawfully present at the location of
the offense), increase the base offense level for the
offense--</DELETED>
<DELETED> (i) by not less than 6 offense
levels above the applicable level in effect on
the date of enactment of this Act; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. INCREASED RESOURCES FOR LAW ENFORCEMENT.</DELETED>
<DELETED> (a) Authorization of DEA Funds To Combat
Methamphetamines.--</DELETED>
<DELETED> (1) Purpose.--From amounts made available to carry
out this subsection, the Administrator of the Drug Enforcement
Administration shall implement a comprehensive approach for
targeting and investigating methamphetamine production,
trafficking, and abuse to combat the trafficking of
methamphetamine in areas designated by the Director of National
Drug Control Policy as high intensity drug trafficking areas,
which approach shall include--</DELETED>
<DELETED> (A) training local law enforcement agents
in the detection and destruction of clandestine
methamphetamine laboratories, and the prosecution of
any offense relating to the manufacture, attempt to
manufacture, or conspiracy to manufacture
methamphetamine in violation of the Controlled
Substances Act (21 U.S.C. 801 et seq.), the Controlled
Substances Import and Export Act (21 U.S.C. 951 et
seq.), the Maritime Drug Law Enforcement Act (46 U.S.C.
App. 1901 et seq.), or applicable State law;</DELETED>
<DELETED> (B) investigating and assisting in the
prosecution of methamphetamine traffickers,
establishing a national clandestine laboratory computer
database, reducing the availability of precursor
chemicals being diverted to clandestine laboratories in
the United States and abroad, and cleaning up the
hazardous waste generated by seized clandestine
laboratories; and</DELETED>
<DELETED> (C) allocating agents to States with the
highest rates of clandestine laboratory closures during
the most recent 5 fiscal years.</DELETED>
<DELETED> (2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
</DELETED>
<DELETED> (A) $30,000,000 for fiscal year 2000;
and</DELETED>
<DELETED> (B) such sums as may be necessary for each
of fiscal years 2001 through 2004.</DELETED>
<DELETED> (b) High Intensity Drug Trafficking Areas.--</DELETED>
<DELETED> (1) In general.--From amounts made available to
carry out this subsection, the Director of National Drug
Control Policy shall combat the trafficking of methamphetamine
in areas designated by the Director of National Drug Control
Policy as high intensity drug trafficking areas, including the
hiring of new laboratory technicians in rural
communities.</DELETED>
<DELETED> (2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
</DELETED>
<DELETED> (A) $25,000,000 for fiscal year 2000;
and</DELETED>
<DELETED> (B) such sums as may be necessary for each
of fiscal years 2001 through 2004.</DELETED>
<DELETED> (c) Expanding Methamphetamine Abuse Prevention Efforts.--
</DELETED>
<DELETED> (1) Prevention programs and activities.--
</DELETED>
<DELETED> (A) In general.--From amounts made
available to carry out this subsection, the Director of
National Drug Control Policy shall--</DELETED>
<DELETED> (i) carry out community-based
prevention programs that are focused on those
populations within the community that are most
at-risk for methamphetamine abuse and
addiction;</DELETED>
<DELETED> (ii) assist local government
entities to conduct appropriate methamphetamine
prevention activities;</DELETED>
<DELETED> (iii) train and educate State and
local law enforcement officials on the signs of
methamphetamine abuse and addiction and the
options for treatment and prevention;</DELETED>
<DELETED> (iv) carry out planning,
administration, and educational activities
related to the prevention of methamphetamine
abuse and addiction;</DELETED>
<DELETED> (v) monitor and evaluate
methamphetamine prevention activities, and
report and disseminate resulting information to
the public; and</DELETED>
<DELETED> (vi) carry out targeted pilot
programs with evaluation components to
encourage innovation and experimentation with
new methodologies.</DELETED>
<DELETED> (B) Priority.--In carrying out this
paragraph, the Director of National Drug Control Policy
shall give priority to assisting rural and urban areas
that are experiencing a high rate or rapid increases in
methamphetamine abuse and addiction.</DELETED>
<DELETED> (C) Analyses and evaluation.--</DELETED>
<DELETED> (i) In general.--Of the amount
made available to carry out this subsection in
each fiscal year, not less than $500,000 shall
be used by the Director of National Drug
Control Policy, in consultation with the heads
of other departments and agencies of the
Federal Government--</DELETED>
<DELETED> (I) to support and conduct
periodic analyses and evaluations of
effective prevention programs for
methamphetamine abuse and addiction;
and</DELETED>
<DELETED> (II) for the development
of appropriate strategies for
disseminating information about and
implementing those programs.</DELETED>
<DELETED> (ii) Annual reports.--The Director
shall annually submit to Congress a report on
results of the analyses and evaluations under
clause (i) during the preceding 12-month
period.</DELETED>
<DELETED> (2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
</DELETED>
<DELETED> (A) $25,000,000 for fiscal year 2000;
and</DELETED>
<DELETED> (B) such sums as may be necessary for each
of fiscal years 2001 through 2004.</DELETED>
<DELETED>SEC. 4. PRECURSOR CHEMICALS.</DELETED>
<DELETED> Section 102(35) of the Controlled Substances Act (21
U.S.C. 802(35)) is amended--</DELETED>
<DELETED> (1) by inserting ``, or immediate precursor,''
after ``chemical)''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(K) Red phosphorous.</DELETED>
<DELETED> ``(L) Sodium dichromate.''.</DELETED>
<DELETED>SEC. 5. METHAMPHETAMINE PARAPHERNALIA.</DELETED>
<DELETED> Section 422(d) of the Controlled Substances Act
(21 U.S.C. 863(d)) is amended by inserting ``methamphetamines,'' after
``PCP,''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Anti-Proliferation
Act of 1999''.
SEC. 2. 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
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