[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 486 Introduced in Senate (IS)]







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, and Mr. Enzi) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Determined and Full Engagement 
Against the Threat of Methamphetamine'' or ``DEFEAT Meth'' Act of 1999.

SEC. 2. ENHANCED PUNISHMENT OF 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, with respect to each 
        offense described in paragraph (1)--
                    (A) 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 
                        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 
                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--
                            (i) by not less than 6 offense levels above 
                        the applicable level in effect on the date of 
                        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. 3. INCREASED RESOURCES FOR LAW ENFORCEMENT.

    (a) Authorization of DEA Funds To Combat Methamphetamines.--
            (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--
                    (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;
                    (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
                    (C) allocating agents to States with the highest 
                rates of clandestine laboratory closures during the 
                most recent 5 fiscal years.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection--
                    (A) $30,000,000 for fiscal year 2000; and
                    (B) such sums as may be necessary for each of 
                fiscal years 2001 through 2004.
    (b) High Intensity Drug Trafficking Areas.--
            (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.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection--
                    (A) $25,000,000 for fiscal year 2000; and
                    (B) such sums as may be necessary for each of 
                fiscal years 2001 through 2004.
    (c) Expanding Methamphetamine Abuse Prevention Efforts.--
            (1) Prevention programs and activities.--
                    (A) In general.--From amounts made available to 
                carry out this subsection, the Director of National 
                Drug Control Policy shall--
                            (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;
                            (ii) assist local government entities to 
                        conduct appropriate methamphetamine prevention 
                        activities;
                            (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;
                            (iv) carry out planning, administration, 
                        and educational activities related to the 
                        prevention of methamphetamine abuse and 
                        addiction;
                            (v) monitor and evaluate methamphetamine 
                        prevention activities, and report and 
                        disseminate resulting information to the 
                        public; and
                            (vi) carry out targeted pilot programs with 
                        evaluation components to encourage innovation 
                        and experimentation with new methodologies.
                    (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.
                    (C) Analyses and evaluation.--
                            (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--
                                    (I) to support and conduct periodic 
                                analyses and evaluations of effective 
                                prevention programs for methamphetamine 
                                abuse and addiction; and
                                    (II) for the development of 
                                appropriate strategies for 
                                disseminating information about and 
                                implementing those programs.
                            (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.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection--
                    (A) $25,000,000 for fiscal year 2000; and
                    (B) such sums as may be necessary for each of 
                fiscal years 2001 through 2004.

SEC. 4. PRECURSOR CHEMICALS.

    Section 102(35) of the Controlled Substances Act (21 U.S.C. 
802(35)) is amended--
            (1) by inserting ``, or immediate precursor,'' after 
        ``chemical)''; and
            (2) by adding at the end the following:
            ``(K) Red phosphorous.
            ``(L) Sodium dichromate.''.

SEC. 5. METHAMPHETAMINE PARAPHERNALIA.

    Section 422(d) of the Controlled Substances Act 
(21 U.S.C. 863(d)) is amended by inserting ``methamphetamines,'' after 
``PCP,''.
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