[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3513 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3513

To provide for enhanced Federal penalties for production, distribution, 
 trafficking, and possession of methamphetamine, listed chemicals, and 
  other controlled substances, and for other offenses related to such 
 production, distribution, trafficking, and possession; and to provide 
 for enhanced residential substance abuse treatment programs for State 
                         and Federal prisoners.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

 Mr. Kennedy of Minnesota (for himself and Ms. Hooley) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
 and in addition to the Committee on Energy and 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 provide for enhanced Federal penalties for production, distribution, 
 trafficking, and possession of methamphetamine, listed chemicals, and 
  other controlled substances, and for other offenses related to such 
 production, distribution, trafficking, and possession; and to provide 
 for enhanced residential substance abuse treatment programs for State 
                         and Federal prisoners.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Solutions to Limit 
the Abuse of Methamphetamine (SLAM) Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Enhanced penalties for methamphetamine production, possession, 
                            or trafficking.
Sec. 3. Enhanced penalties for offenses involving listed chemicals.
Sec. 4. Offenses associated with manufacturing controlled substances.
Sec. 5. Enhanced residential substance abuse treatment programs for 
                            State and Federal prisoners.
Sec. 6. METHWATCH program; information for persons selling at retail.

SEC. 2. ENHANCED PENALTIES FOR METHAMPHETAMINE PRODUCTION, POSSESSION, 
              OR TRAFFICKING.

    (a) Manufacture, Distribution, Dispensation, or Certain Possession 
of Methamphetamine.--Section 401 of the Controlled Substances Act (21 
U.S.C. 841) is amended--
            (1) in subsection (b)(1)(A)(viii)--
                    (A) by striking ``50 grams'' and inserting ``10 
                grams''; and
                    (B) by striking ``500 grams'' and inserting ``100 
                grams''; and
            (2) in subsection (b)(1)(B)(viii)--
                    (A) by striking ``5 grams'' and inserting ``3 
                grams''; and
                    (B) by striking ``50 grams'' and inserting ``30 
                grams''.
    (b) Importation or Exportation of Methamphetamine.--Section 1010 of 
the Controlled Substances Import and Export Act (21 U.S.C. 960) is 
amended--
            (1) in subsection (b)(1)(H)--
                    (A) by striking ``50 grams'' and inserting ``10 
                grams''; and
                    (B) by striking ``500 grams'' and inserting ``100 
                grams''; and
            (2) in subsection (b)(2)(H)--
                    (A) by striking ``5 grams'' and inserting ``3 
                grams''; and
                    (B) by striking ``50 grams'' and inserting ``30 
                grams''.
    (c) Smuggling Methamphetamine or Methamphetamine Precursor 
Chemicals Into the United States While Using Facilitated Entry 
Programs.--
            (1) Enhanced prison sentence.--The sentence of imprisonment 
        imposed on a person convicted of an offense under the 
        Controlled Substances Act (21 U.S.C. 801 et seq.) or the 
        Controlled Substances Import and Export Act (21 U.S.C. 951 et 
        seq.), involving methamphetamine or any listed chemical that is 
        defined in section 102(33) of the Controlled Substances Act (21 
        U.S.C. 802(33)), shall, if the offense is committed under the 
        circumstance described in paragraph (2), be increased by a 
        period of not less than one year and not more than 10 years.
            (2) Circumstances.--For purposes of paragraph (1), the 
        circumstance described in this paragraph is that the offense 
        described in paragraph (1) was committed by a person who--
                    (A) was enrolled in, or who was acting on behalf of 
                any person or entity enrolled in, any dedicated 
                commuter lane, alternative or accelerated inspection 
                system, or other facilitated entry program administered 
                or approved by the Federal Government for use in 
                entering the United States; and
                    (B) committed the offense while entering the United 
                States, using such lane, system, or program.
            (3) Permanent ineligibility.--Any person found guilty under 
        paragraph (1) shall be permanently and irrevocably barred from 
        being eligible for or using any lane, system, or program 
        described in paragraph (2)(A).

SEC. 3. ENHANCED PENALTIES FOR OFFENSES INVOLVING LISTED CHEMICALS.

    (a) Possession of Listed Chemicals With Intent to Manufacture.--
Subsection (c) of section 401 of the Controlled Substances Act (21 
U.S.C. 841(c)) is amended--
            (1) by striking ``or imprisoned'' and inserting ``and 
        imprisoned not less than 10 years and'';
            (2) by striking ``20 years'' and inserting ``30 years''; 
        and
            (3) by striking ``, or both''.
    (b) Causing Evasion of Recording Requirements.--Such subsection is 
further amended--
            (1) by striking ``or'' before ``not more than 10 years'' 
        and inserting ``and not less than 3 years and''; and
            (2) by striking ``, or both''.
    (c) Knowing Distribution or Certain Knowing Possession of Listed 
Chemicals.--Subsection (f) of section 401 of such Act (21 U.S.C. 
841(f)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or imprisoned'' and inserting 
                ``and imprisoned not less than 3 years and''; and
                    (B) by striking ``5 years, or both'' and inserting 
                ``10 years''; and
            (2) in paragraph (2)--
                    (A) by striking ``or imprisoned'' and inserting 
                ``and imprisoned not less than 1 year and''; and
                    (B) by striking ``one year, or both'' and inserting 
                ``5 years''.
    (d) Evading Requirements for Acquiring, Creating, or Trafficking 
Listed Chemicals or Chemical Mixtures.--Section 403(d) of such Act (21 
U.S.C. 843(d)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Any person who violates paragraph (4)(B), (8), or (9) 
        of subsection (a) shall be fined under title 18, United States 
        Code, and sentenced to a term of imprisonment of not less than 
        2 years and not more than 10 years; except that if any person 
        commits such a violation after one or more prior convictions of 
        that person for violation of this section, or for a felony 
        under any other provision of this title or title III or other 
        law of the United States relating to narcotic drugs, marihuana, 
        or depressant or stimulant substances, has become final, such 
        person shall be fined under title 18, United States Code, and 
        sentenced to a term of imprisonment of not less than 4 years 
        and not more than 20 years.''.
    (e) Importation of Listed Chemicals With Intent to Manufacture 
Controlled Substances.--Section 1010(d) of the Controlled Substances 
Import and Export Act (21 U.S.C. 960(d)) is amended--
            (1) in paragraph (7), by striking the period at the end and 
        inserting a comma;
            (2) by striking ``title 18, imprisoned not more than 20'' 
        and inserting ``title 18, United States Code, and imprisoned 
        not less than 10 years and not more than 30'';
            (3) by inserting ``not less than 3 years and'' before ``not 
        more than 10 years''; and
            (4) by striking ``, or both''.

SEC. 4. OFFENSES ASSOCIATED WITH MANUFACTURING CONTROLLED SUBSTANCES.

    (a) Manufacturing Controlled Substances on Federal Property.--
Subsection (b) of section 401 of the Controlled Substances Act (21 
U.S.C. 841(b)) is amended in paragraph (5) by inserting ``or 
manufacturing'' after ``cultivating''.
    (b) Environmental Contamination of Federal Property Because of 
Methamphetamine Production.--Such subsection is further amended by 
striking the period at the end of paragraph (6) and inserting ``, 
except that if the violation is in any way connected with the 
production of methamphetamine, such person shall be fined in accordance 
with title 18, United States Code, and imprisoned for not less than 1 
year and not more than 10 years.''.
    (c) Enhanced Penalties for Possession of Certain Tools Used to 
Manufacture Methamphetamine.--Section 403(d)(2) of such Act (21 U.S.C. 
843(d)(2)) is amended--
            (1) by striking ``sentenced to a term of imprisonment of 
        not more than 10 years, a fine under title 18, United States 
        Code, or both'' and inserting ``fined under title 18, United 
        States Code, and sentenced to a term of imprisonment of not 
        less than 5 years and not more than 20 years''; and
            (2) by striking ``sentenced to a term of imprisonment of 
        not more than 20 years, a fine under title 18, United States 
        Code, or both'' and inserting ``fined under title 18, United 
        States Code, and sentenced to a term of imprisonment of not 
        less than 10 years and not more than 40 years''.
    (d) Enhanced Penalties for Maintaining Drug-Involved Premises.--
Section 416(b) of such Act (21 U.S.C. 856(b)) is amended by striking 
``a term of imprisonment of not more than 20 years or a fine of not 
more than $500,000, or both'' and inserting ``a term of imprisonment of 
not less than 5 years and not more than 20 years and a fine of not more 
than $500,000''.
    (e) Endangering Human Life While Illegally Manufacturing Controlled 
Substances.--
            (1) In general.--Section 417 of such Act (21 U.S.C. 858) is 
        amended by striking ``or imprisoned not more than 10 years, or 
        both'' and inserting ``and sentenced to a term of imprisonment 
        of not less than 10 years and not more than 40 years;''.
            (2) Exception for enhanced penalties for endangering life 
        of minors.--Such section is further amended by inserting after 
        ``not more than 40 years'', as inserted by paragraph (1), 
        ``except that in the case of the creation of a substantial risk 
        of harm to the life of an individual less than 18 years of age, 
        whoever violates this section shall be fined in accordance with 
        title 18, United States Code, and sentenced to a term of 
        imprisonment of not less than 20 years and not more than life 
        imprisonment''.
    (f) Sexual Abuse, Sexual Exploitation, or Coercive Prostitution 
While Illegally Manufacturing, Distributing, Dispensing, Transporting, 
or Possessing Controlled Substances.--
            (1) In general.--Such Act is amended in part D by adding at 
        the end the following new section:

``SEC. 424. SEXUAL ABUSE, SEXUAL EXPLOITATION, OR COERCIVE PROSTITUTION 
              WHILE ILLEGALLY MANUFACTURING, DISTRIBUTING, DISPENSING, 
              POSSESSING, OR TRANSPORTING CONTROLLED SUBSTANCES.

    ``(a) Penalty for Certain Sexual Abuse, Sexual Exploitation, or 
Coercive Prostitution.--Whoever, while manufacturing, distributing, 
dispensing, or possessing a controlled substance in violation of this 
title, or attempting to do so, or transporting or causing to be 
transported materials (including chemicals), or attempting to do so, 
commits a covered sex crime against an individual shall be fined in 
accordance with title 18, United States Code, and sentenced to a term 
of imprisonment of not less than 10 years and not more than 20 years; 
except that in the case of a covered sex crime committed against an 
individual less than 18 years of age, whoever violates this section 
shall be fined in accordance with such time, and sentenced to a term of 
imprisonment of not less than 25 years and not more than life 
imprisonment.
    ``(b) Covered Sex Crime.--For purposes of subsection (a), a covered 
sex crime is any of the following:
            ``(1) Sexual abuse.--
                    ``(A) Causing (or attempting to cause) an 
                individual to engage in a sexual act by threatening or 
                placing that individual in fear.
                    ``(B) Engaging (or attempting to engage) in a 
                sexual act with an individual if that individual is--
                            ``(i) incapable of appraising the nature of 
                        the conduct; or
                            ``(ii) physically incapable of declining 
                        participation in, or communicating 
                        unwillingness to engage in, that sexual act.
            ``(2) Sexual exploitation.--Employing, using, persuading, 
        inducing, enticing, or coercing (or attempting to employ, use, 
        persuade, induce, entice, or coerce) an individual to engage 
        in, or assist any other individual to engage in, any sexually 
        explicit conduct for the purpose of producing any visual 
        depiction of such conduct.
            ``(3) Coerced prostitution.--Persuading, inducing, 
        enticing, or coercing (or attempting to persuade, induce, 
        entice, or coerce) an individual to engage in prostitution, or 
        in any sexual activity for which an individual may be charged 
        with a criminal offense.
            ``(4) Resultant prostitution.--Distributing or dispensing a 
        controlled substance to an individual who engages in 
        prostitution as a result or likely result of such distribution 
        or dispensation.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end the following new item:

``Sec. 424. Sexual abuse, sexual exploitation, or coerced prostitution 
                            while illegally manufacturing, 
                            distributing, dispensing, possessing, or 
                            transporting controlled substances.''.

SEC. 5. ENHANCED RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAMS FOR 
              STATE AND FEDERAL PRISONERS.

    (a) Enhanced Residential Substance Abuse Treatment Program for 
State Prisoners.--
            (1) Enhanced drug screenings requirement.--Subsection (b) 
        of section 1902 of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (42 U.S.C. 3796ff-1(b)) is amended to read as 
        follows:
    ``(b) Substance Abuse Testing Requirement.--To be eligible to 
receive funds under this part, a State must agree--
            ``(1) to implement or continue to require urinalysis or 
        other proven reliable forms of testing, including both periodic 
        and random testing--
                    ``(A) of an individual before the individual enters 
                a residential substance abuse treatment program and 
                during the period in which the individual participates 
                in the treatment program; and
                    ``(B) of an individual released from a residential 
                substance abuse treatment program if the individual 
                remains in the custody of the State; and
            ``(2) to require, as a condition of participation in the 
        treatment program, that such testing indicate that the 
        individual has not used a controlled substance for at least the 
        three-month period prior to the date the individual receives 
        such testing to enter the treatment program.''.
            (2) Aftercare services requirement.--Subsection (c) of such 
        section is amended--
                    (A) in paragraph (1), by striking ``To be eligible 
                for a preference under this part'' and inserting ``To 
                be eligible to receive funds under this part''; and
                    (B) by amending the heading to read as follows:
    ``(c) Aftercare Services Requirement.--''.
            (3) Priority for partnerships with community-based drug 
        treatment programs.--Section 1903 of such Act (42 U.S.C. 
        3796ff-2) is amended by adding at the end the following new 
        subsection:
    ``(e) Priority for Partnerships With Community-Based Drug Treatment 
Programs.--In considering an application submitted by a State under 
section 1902, the Attorney General shall give priority to an 
application that involves a partnership between the State and a 
community-based drug treatment program within the State.''.
            (4) Residential substance abuse treatment program 
        redefined.--Section 901(a)(25) of such Act (42 U.S.C. 
        3791(a)(25)) is amended by striking ``means a course of'' and 
        all that follows and inserting ``means a course of individual 
        and group activities and treatment, lasting at least six 
        months, in residential treatment facilities set apart from the 
        general prison population.''.
    (b) Enhanced Residential Substance Abuse Treatment Program for 
Federal Prisoners.--
            (1) Substance abuse testing requirement.--
                    (A) Testing required as component of program.--
                Subsection (b) of section 3621 of title 18, United 
                States Code, is amended by adding at the end the 
                following new sentence: ``Such treatment shall include 
                urinalysis or other proven reliable forms of testing, 
                including both periodic and random testing, of such a 
                prisoner before the prisoner enters the treatment 
                program and during the period in which the prisoner 
                participates in the treatment program.''.
                    (B) Passage of test as condition of 
                participation.--Subsection (e)(5)(B) of such section is 
                amended--
                            (i) in clause (i), by striking ``and'' at 
                        the end; and
                            (ii) by inserting at the end the following 
                        new clause:
                            ``(iii) determined by the Director of the 
                        Bureau of Prisons, through use of urinalysis or 
                        other proven reliable forms of testing, to have 
                        not used a controlled substance for at least 
                        the three-month period prior to the date the 
                        prisoner enters residential substance abuse 
                        treatment; and''.
            (2) Residential substance abuse treatment redefined.--
        Paragraph (5)(A) of such section is amended by striking ``means 
        a course of'' and all that follows through the semicolon at the 
        end of clause (ii) and inserting ``means a course of individual 
        and group activities and treatment, lasting at least six 
        months, in residential treatment facilities set apart from the 
        general prison population;''.
            (3) Authorization of appropriations.--Paragraph (4) of such 
        section is amended--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(F) and such sums as may be necessary in 
                subsequent fiscal years.''.

SEC. 6. METHWATCH PROGRAM; INFORMATION FOR PERSONS SELLING AT RETAIL.

    (a) In General.--The Attorney General, acting through the 
Administrator of the Drug Enforcement Administration and in 
consultation with the States, shall carry out a program to provide 
information to retailers regarding the purchase of precursor products 
by individuals who may intend to use the products in the illicit 
production of methamphetamine.
    (b) Certain Requirements.--The activities of the Attorney General 
in carrying out the program under subsection (a) shall include the 
following:
            (1) Providing information to retailers on preventing the 
        sale of precursor products to individuals referred to in such 
        subsection and on preventing the theft of the products by such 
        individuals.
            (2) Establishing a system through which retailers can 
        report suspicious purchases of precursor products and obtain 
        appropriate technical assistance. The system shall use an 
        Internet site (or portion thereof), or toll-free telephone 
        communications, or both, as determined appropriate by the 
        Attorney General.
            (3) Encouraging retailers to place precursor products such 
        that customers do not have direct access to the products 
        (commonly known as behind the counter).
    (c) Designation of Program.--The program under subsection (a) shall 
be designated by the Attorney General as the MethWatch program.
    (d) Definitions.--For purposes of this section:
            (1) The term ``retailers'' means persons whose 
        registrations pursuant to section 303(h) of the Controlled 
        Substances Act authorize sales of ephedrine, pseudoephedrine, 
        or phenylpropanolamine at retail.
            (2) The term ``precursor products'' means products 
        containing ephedrine, pseudoephedrine, or phenylpropanolamine.
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