Home > 106th Congressional Bills > S. 487 (is) To amend the Internal Revenue Code of 1986 to provide additional retirement savings opportunities for small employers, including self- employed individuals. [Introduced in Senate] ...

S. 487 (is) To amend the Internal Revenue Code of 1986 to provide additional retirement savings opportunities for small employers, including self- employed individuals. [Introduced in Senate] ...


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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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