Providing for extraterritorial jurisdiction

(a)

Possession, manufacture, or distribution for purposes of unlawful importation

Section 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 959) is amended—(1)by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;(2)by inserting after subsection (b) the following:

(c)It shall be unlawful for any person to manufacture or distribute a tableting machine, encapsulating machine, press punch, die system, gelatin capsule, or any equipment, chemical, product, or material—(1)intending or knowing that it will be used to manufacture a controlled substance or listed chemical; and(2)intending, knowing, or having reasonable cause to believe that the controlled substance or listed chemical will be unlawfully imported into the United States.

; and

(3)in subsection (d), as so redesignated—(A)in paragraph (1), by striking or at the end;(B)in paragraph (2), by striking the period at the end and inserting ; or; and(C)by adding at the end the following:

(3)manufacture or distribute a tableting machine, encapsulating machine, press punch, die system, gelatin capsule, or any equipment, chemical, product, or material—(A)intending or knowing that it will be used to manufacture a controlled substance or listed chemical; and(B)intending, knowing, or having reasonable cause to believe that the controlled substance or listed chemical will be unlawfully imported into the United States.

(b)

Prohibited acts

Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended—(1)in subsection (d)—(A)in paragraph (6), by striking or at the end;(B)in paragraph (7)—(i)by striking section 959 of this title and inserting section 1009; and(ii)by striking the period at the end and inserting ; or;(C)by inserting after paragraph (7) the following:

(8)manufactures or distributes a tableting machine, encapsulating machine, press punch, die system, gelatin capsule, or any equipment, chemical, product, or material in violation of subsection (c) of section 1009,

; and

(D)in the matter following paragraph (8), as added by subparagraph (C) of this paragraph, by striking shall be fined and all that follows through or both and inserting the following: shall be fined in accordance with title 18, United States Code, imprisoned for the applicable period described in subsection (e), or both; and(2)by adding at the end the following:

(e)The applicable period described in this subsection is as follows:(1)In the case of a violation of paragraph (1) or (3) of subsection (d) involving a list I chemical, not more than 20 years.(2)Subject to paragraph (4), in the case of a violation of paragraph (7) of subsection (d), not more than 10 years.(3)Subject to paragraph (4), in the case of a violation of paragraph (8) of subsection (d), not more than 8 years.(4)In the case of a violation of paragraph (7) or (8) of subsection (d) that involves more than 1,000 kilograms of a chemical or product or more than 100 machines that are tableting machines or encapsulating machines, not more than 15 years.(5)In the case of a violation of subsection (d) other than a violation of paragraph (1), (3), (7), or (8) of such subsection, not more than 10 years.

(c)

United States Sentencing Commission

Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements of the Commission, as appropriate, in accordance with this Act and the amendments made by this Act.