[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4248 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4248

 To amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act to prevent the proliferation of methamphetamine, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2000

     Mr. Calvert (for himself, Mr. Reyes, Mrs. Bono, Mr. Dooley of 
  California, Mr. Lewis of California, Mr. Baca, Mr. Cunningham, Mr. 
Pombo, Mr. Wolf, Mr. Bilbray, Mr. Gilman, Mr. Dreier, Mr. Sessions, Mr. 
  English, Mr. Radanovich, Mr. Baird, Mr. Hunter, Mr. Doolittle, Mr. 
 Herger, Mr. Gary Miller of California, Mr. Kuykendall, Mr. Gallegly, 
   Mr. Horn, Mr. Nethercutt, Mr. Cannon, Mr. Condit, Mr. Stupak, Mr. 
Porter, Mr. Mica, Mr. Gibbons, Mr. Latham, Mr. Matsui, Mr. Sandlin, Mr. 
Peterson of Pennsylvania, Mr. Gutierrez, Mrs. Tauscher, Mr. Thompson of 
  California, Ms. Danner, Mr. Smith of Washington, Ms. Sanchez, Mrs. 
Napolitano, Mr. Rohrabacher, Mr. McKeon, Mr. McInnis, Mr. Bonilla, Mr. 
Wamp, Mr. Ramstad, Mr. Goss, Mr. Rogan, Mr. Traficant, Mr. Inslee, Mrs. 
   Emerson, Mr. Ehlers, Mr. Packard, Mr. Sweeney, Mr. Goodlatte, Mr. 
 Thornberry, Mr. Talent, Mr. Blunt, Mr. Hall of Texas, Mr. Souder, Ms. 
Dunn, Mr. Ose, Mr. Smith of Texas, Mr. Baker, Mr. Thomas, Mr. Hulshof, 
 Mr. Hutchinson, Ms. Eshoo, and Mr. Campbell) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
addition to the Committee on Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act to prevent the proliferation of methamphetamine, 
                        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 ``Working And Reacting (WAR) Against 
Meth Act of 2000''.

SEC. 2. MANUFACTURING AND DISTRIBUTION OF AMPHETAMINE.

    (a) Manufacture or Distribution of Substantial Quantities of 
Amphetamine.--Subparagraph (A) of section 401(b)(1) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)) is amended--
            (1) by striking ``or'' at the end of clause (vii);
            (2) by adding ``or'' at the end of clause (viii); and
            (3) by inserting after clause (viii) the following new 
        clause:
            ``(ix) 50 grams or more of amphetamine, its salts, optical 
        isomers, and salts of its optical isomers or 500 grams or more 
        of a mixture or substance containing a detectable amount of 
        amphetamine, its salts, optical isomers, or salts of its 
        optical isomers;''.
    (b) Manufacture or Distribution of Lesser Quantities of 
Amphetamine.--Subparagraph (B) of such section 401(b)(1) is amended--
            (1) by striking ``or'' at the end of clause (vii);
            (2) by adding ``or'' at the end of clause (viii); and
            (3) by inserting after clause (viii) the following new 
        clause:
            ``(ix) 5 grams or more of amphetamine, its salts, optical 
        isomers, and salts of its optical isomers or 50 grams or more 
        of a mixture or substance containing a detectable amount of 
        amphetamine, its salts, optical isomers, or salts of its 
        optical isomers;''.

SEC. 3. IMPORT AND EXPORT OF AMPHETAMINE.

    (a) Import or Export of Substantial Quantities of Amphetamine.--
Paragraph (1) of section 1010(b) of the Controlled Substances Import 
and Export Act (21 U.S.C. 960(b)) is amended--
            (1) by striking ``or'' at the end of subparagraph (G);
            (2) by striking the period at the end of subparagraph (H) 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (H) the following new 
        subparagraph:
            ``(I) 50 grams or more of amphetamine, its salts, optical 
        isomers, and salts of its optical isomers or 500 grams or more 
        of a mixture or substance containing a detectable amount of 
        amphetamine, its salts, optical isomers, or salts of its 
        optical isomers;''.
    (b) Import or Export of Lesser Quantities of Amphetamine.--
Paragraph (2) of such section 1010(b) is amended--
            (1) by striking ``or'' at the end of subparagraph (G);
            (2) by striking the period at the end of subparagraph (H) 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (H) the following new 
        subparagraph:
            ``(I) 5 grams or more of amphetamine, its salts, optical 
        isomers, and salts of its optical isomers or 50 grams or more 
        of a mixture or substance containing a detectable amount of 
        amphetamine, its salts, optical isomers, or salts of its 
        optical isomers;''.

SEC. 4. ENDANGERING HUMAN LIFE OR THE ENVIRONMENT WHILE ILLEGALLY 
              MANUFACTURING CONTROLLED SUBSTANCES.

    (a) Harm to the Environment.--(1) Section 417 of the Controlled 
Substances Act (21 U.S.C. 858) is amended by inserting ``or, if the 
controlled substance consists of methamphetamine, its salts, isomers, 
or salts of its isomers, or a mixture or substance containing a 
detectable amount of methamphetamine, its salts, isomers, or salts of 
its isomers, the environment (as defined in section 101 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601))'' after ``to human life''.
    (2) The table of contents for that Act is amended in the item 
relating to section 417 by inserting ``or the environment'' after ``to 
human life''.
    (b) Enhanced Penalty for Establishment of Manufacturing 
Operation.--That section is further amended--
            (1) by inserting ``(a)'' before ``Whoever'';
            (2) in subsection (a), as so designated--
                    (A) by inserting ``or violating section 416,'' 
                after ``to do so,'' the first place it appears; and
                    (B) by striking ``shall be fined'' and all that 
                follows and inserting ``shall be imprisoned not more 
                than 40 years, and, in addition, may be fined in 
                accordance with title 18, United States Code.''; and
            (3) by adding at the end the following:
    ``(b) Any penalty under subsection (a) for a violation that is also 
a violation of section 416 shall be in addition to any penalty under 
section 416 for such violation.''.
    (c) Nature of Particular Conduct.--That section is further amended 
by adding at the end the following:
    ``(c) In any case where the conduct at issue is, relates to, or 
involves the manufacture of amphetamine or methamphetamine, such 
conduct shall, by itself, be rebuttably presumed to constitute the 
creation of a substantial risk of harm to human life or the environment 
within the meaning of subsection (a).''.

SEC. 5. NATIONAL CENTER FOR METHAMPHETAMINE CLANDESTINE LABORATORY 
              INFORMATION.

    (a) Establishment.--At the direction of the Attorney General, the 
El Paso Intelligence Center (hereinafter in this section referred to as 
``EPIC'') and the Los Angeles County Regional Criminal Information 
Clearinghouse (hereinafter in this section referred to as the ``LA 
Clearinghouse'') shall jointly and in concert constitute the National 
Center for Methamphetamine Clandestine Laboratory Information. EPIC's 
National Clandestine Laboratory Seizure Intelligence database shall 
provide for the nationwide electronic reporting, capture, and retrieval 
of clandestine laboratory seizure information. This information shall 
be analyzed by the LA Clearinghouse, in concert and coordination with 
EPIC, and disseminated to appropriate law enforcement agencies in a 
timely manner.
    (b) Authorization.--There are authorized to be appropriated to 
carry out this section for fiscal year 2000 and each of the 4 
succeeding fiscal years not to exceed $2,300,000.
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