[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1607 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1607

     To control access to precursor chemicals used to manufacture 
  methamphetamine and other illicit narcotics, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 1996

   Mrs. Feinstein (for herself, Mr. Grassley, Mr. Reid, and Mr. Kyl) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To control access to precursor chemicals used to manufacture 
  methamphetamine and other illicit narcotics, 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.

    This Act may be cited as the ``Methamphetamine Control Act of 
1996''.

SEC. 2. REGULATION OF CHEMICAL SUPPLY HOUSES.

    Section 310 of the Controlled Substances Act (21 U.S.C. 830) is 
amended by adding at the end the following new subsection:
    ``(d)(1) Any chemical supply house that sells a listed chemical, 
after having been provided a warning under paragraph (2) within the 
previous 10 years, to a person who uses, or intends or attempts to use, 
the listed chemical, or causes the listed chemical to be used or 
attempted to be used, to manufacture or produce methamphetamine shall--
            ``(A) be subject to a civil penalty of not more than 
        $250,000; or
            ``(B) for the second violation of this subsection, be 
        ordered to cease the production and sale of any chemicals.
    ``(2) The Attorney General, acting through the Administrator of the 
Drug Enforcement Administration, shall provide a written warning to 
each chemical supply house that violates paragraph (1).
    ``(3) For purposes of this subsection, the term `chemical supply 
house' means any manufacturer, wholesaler, or retailer, who owns, or 
who represents the owner of, any operation or business enterprise 
engaging in regulated transactions.
    ``(4) All amounts received from enforcement of the civil penalty 
under paragraph (1) shall be used by the Administrator of the 
Environmental Protection Agency for the environmental cleanup of 
clandestine laboratories used, or intended or attempted to be used, to 
manufacture methamphetamine.''.

SEC. 3. INCREASED PENALTIES FOR POSSESSION AND DISTRIBUTION OF LISTED 
              CHEMICALS.

    (a) In General.--Section 401(d) of the Controlled Substances Act 
(21 U.S.C. 841(d)) is amended by striking ``10 years'' and inserting 
``20 years in a case involving a list I chemical or 10 years in a case 
involving a list II chemical''.
    (b) Amendment of Sentencing Guidelines.--The United States 
Sentencing Commission shall amend the Federal Sentencing Guidelines to 
reflect the amendment made by subsection (a).

SEC. 4. INCREASED PENALTIES FOR MANUFACTURE AND POSSESSION OF EQUIPMENT 
              USED TO MAKE METHAMPHETAMINE.

    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 new paragraph:
    ``(2) Any person who, with the intent to manufacture 
methamphetamine, violates subsection (a) (6) or (7), shall be sentenced 
to a term of imprisonment of not more than 10 years, a fine of not more 
than $30,000, or both.''.

SEC. 5. REGULATION OF PSEUDOEPHEDRINE.

    Section 102(39)(A)(iv) of the Controlled Substances Act (21 U.S.C. 
802(39)(A)(iv)) is amended by striking ``ephedrine'' each place it 
appears and inserting ``ephedrine or pseudoephedrine,''.

SEC. 6. ADDITION OF SUBSTANCES TO DEFINITION OF LISTED CHEMICALS.

    Section 102 of the Controlled Substances Act (21 U.S.C. 802) is 
amended--
            (1) in paragraph (34), by adding at the end the following 
        new subparagraph:
                    ``(Y) Iodine.''; and
            (2) in paragraph (35), by adding at the end the following 
        new subparagraphs:
                    ``(I) Red phosphorous.
                    ``(J) Hydrochloric gas.''.

SEC. 7. SUPPORT FOR INTERNATIONAL EFFORTS TO CONTROL DRUGS.

    It is the sense of the Congress that--
            (1) the rise in manufacture and usage of the illegal 
        narcotic methamphetamine is of major concern to the United 
        States;
            (2) a substantial portion of the ephedrine used to make 
        methamphetamine is smuggled across the United States-Mexico 
        border;
            (3) the countries of China, India, the Czech Republic, 
        Germany, and Slovenia are the largest manufacturers of 
        ephedrine and pseudoephedrine;
            (4) one means of preventing the international diversion of 
        ephedrine and pseudoephedrine is the letter of nonobjection, 
        which requires that the government of a country receiving a 
        shipment of the chemical is aware of and approves the shipment, 
        the quantity involved, the company receiving the shipment, and 
        the ultimate use of the chemical;
            (5) therefore, all ephedrine and pseudoephedrine producing 
        countries should require letters of nonobjection from the 
        Mexican government before exporting ephedrine or 
        pseudoephedrine to that country; and
            (6) all ephedrine and pseudoephedrine producing countries 
        and Mexico should cooperate in any way possible to deter the 
        smuggling of ephedrine and pseudoephedrine into the United 
        States.
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