[Congressional Record Volume 142, Number 128 (Tuesday, September 17, 1996)]
[Senate]
[Pages S10708-S10710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         THE COMPREHENSIVE METHAMPHETAMINE CONTROL ACT OF 1996

                                 ______
                                 

                 HATCH (AND OTHERS) AMENDMENT NO. 5365

  Mr. McCAIN (for Mr. Hatch, for himself, Mr. Biden, Mrs. Feinstein, 
Mr.

[[Page S10709]]

Grassley, and Mr. Wyden) proposed an amendment to the bill (S. 1965) to 
prevent the illegal manufacturing and use of methamphetamine; as 
follows:

       On page 9, line 2, strike ``or facilitate to manufacture'' 
     and insert ``or to facilitate the manufacture of''.
       On page 10, line 8, strike ``importation requirements'' and 
     insert ``importation and exportation requirements''.
       On page 11, line 9, strike the comma after ``item''.
       On page 11, line 12, strike beginning with ``For purposes'' 
     through line 21 and insert ``For purposes of paragraph (11), 
     there is a rebuttable presumption of reckless disregard at 
     trial if the Attorney General notifies a firm in writing that 
     a laboratory supply sold by the firm, or any other person or 
     firm, has been used by a customer of the notified firm, or 
     distributed further by that customer, for the unlawful 
     production of controlled substances or listed chemicals a 
     firm distributes and 2 weeks or more after the notification 
     the notified firm distributes a laboratory supply to the 
     customer.'.''.
       On page 14, line 24, strike ``Iso safrole'' and insert 
     ``Isosafrole''.
       On page 15, between lines 5 and 6, add the following:

     SEC. 210. WITHDRAWAL OF REGULATIONS.

       The final rule concerning removal of exemption for certain 
     pseudoephedrine products marketed under the Federal Food, 
     Drug, and Cosmetic Act published in the Federal Register of 
     August 7, 1996 (61 FR 40981-40993) is null and void and of no 
     force or effect.
       On page 21, line 23, strike beginning with ``, except 
     that'' through ``transaction'' on page 22, line 6, and 
     insert ``, except that the threshold for any sale of 
     products containing pseudoephedrine or phenylpropanolamine 
     products by retail distributors or by distributors 
     required to submit reports by section 310(b)(3) of this 
     title shall be 24 grams of pseudoephedrine or 24 grams of 
     phenylpropanolamine in a single transaction''.
       On page 22, line 8, strike ``abuse'' and insert 
     ``offense''.
       On page 23, strike lines 1 through 14 and insert the 
     following:
       ``(46)(A) The term `retail distributor' means a grocery 
     store, general merchandise store, drug store, or other entity 
     or person whose activities as a distributor relating to 
     pseudoephedrine or phenylpropanolamine products are limited 
     almost exclusively to sales for personal use, both in number 
     of sales and volume of sales, either directly to walk-in 
     customers or in face-to-face transactions by direct sales.
       On page 24, line 12, strike ``The'' and insert the 
     following: ``Pursuant to subsection (d)(1), the''.
       On page 25, line 17, strike ``effective date of this 
     section'' and insert ``date of enactment of this Act''.
       On page 26, line 1, after ``being'' insert ``widely''.
       On page 26, line 4, strike ``in bulk'' and insert ``for 
     distribution or sale''.
       On page 27, line 15, strike ``effective date of this 
     section'' and insert ``date of enactment of this Act''.
       On page 28, between lines 19 and 20, insert the following 
     and redesignate the following paragraphs accordingly:
       (3) Significant number of instances.--
       (A) In general.--For purposes of this subsection, isolated 
     or infrequent use, or use in insubstantial quantities, of 
     ordinary over-the-counter pseudoephedrine or 
     phenylpropanolamine, as defined in section 102(45) of the 
     Controlled Substances Act, as added by section 401(b) of this 
     Act, and sold at the retail level for the illicit manufacture 
     of methamphetamine or amphetamine may not be used by the 
     Attorney General as the basis for establishing the conditions 
     under paragraph (1)(A)(ii) of this subsection, with respect 
     to pseudoephedrine, and paragraph (2)(A)(ii) of this 
     subsection, with respect to phenylpropanolamine.
       (B) Considerations and report.--The Attorney General 
     shall--
       (i) in establishing a finding under paragraph (1)(A)(ii) or 
     (2)(A)(ii) of this subsection, consult with the Secretary of 
     Health and Human Services in order to consider the effects on 
     public health that would occur from the establishment of new 
     single transaction limits as provided in such paragraph; and
       (ii) upon establishing a finding, transmit a report to the 
     Committees on the Judiciary in both, respectively, the House 
     of Representatives and the Senate in which the Attorney 
     General will provide the factual basis for establishing the 
     new single transaction limits.
       On page 29, between lines 14 and 15, insert the following:
       (f) Combination Ephedrine Products.--
       (1) In general.--For the purposes of this section, 
     combination ephedrine products shall be treated the same as 
     pseudoephedrine products, except that--
       (A) a single transaction limit of 24 grams shall be 
     effective as of the date of enactment of this Act and shall 
     apply to sales of all combination ephedrine products, 
     notwithstanding the form in which those products are 
     packaged, made by retail distributors or distributors 
     required to submit a report under section 310(b)(3) of the 
     Controlled Substances Act (as added by section 402 of this 
     Act);
       (B) for regulated transactions for combination ephedrine 
     products other than sales described in subparagraph (A), the 
     transaction limit shall be--
       (i) 1 kilogram of ephedrine base, effective on the date of 
     enactment of this Act; or
       (ii) a threshold other than the threshold described in 
     clause (i), if established by the Attorney General not 
     earlier than 1 year after the date of enactment of this Act; 
     and
       (C) the penalties provided in subsection (d)(1)(B) of this 
     section shall take effect on the date of enactment of this 
     Act for any individual or business that violates the single 
     transaction limit of 24 grams for combination ephedrine 
     products.
       (2) Definition.--For the purposes of this section, the term 
     ``combination ephedrine product'' means a drug product 
     containing ephedrine or its salts, optical isomers, or salts 
     of optical isomers and therapeutically significant quantities 
     of another active medicinal ingredient.
       On page 29, line 15, strike ``(f)'' and insert ``(g)''.
       On page 29, line 17, strike all beginning with ``over-the-
     counter'' through line 20 and insert ``pseudoephedrine or 
     phenylpropanolamine product prior to 12 months after the date 
     of enactment of this Act, except that, on application of a 
     manufacturer of a particular pseudoephedrine or 
     phenylpropanolamine drug product, the Attorney General may, 
     in her sole discretion, extend such effective date up to an 
     additional six months.Notwithstanding any other provision of 
     law, the decision of the Attorney General on such an 
     application shall not be subject to judicial review.''
       On page 35, line 5, after ``funds'' insert ``or 
     appropriations''.
                                 ______
                                 

                 KENNEDY (AND SIMON) AMENDMENT NO. 5366

  Mr. McCAIN (for Mr. Kennedy, for himself and Mr. Simon) proposed an 
amendment to the bill, S. 1965, supra; as follows:

       Strike sections 301 and 302 and insert the following:

     SEC. 301. PENALTY INCREASES FOR TRAFFICKING IN 
                   METHAMPHETAMINE.

       (a) Directive to the United States Sentencing Commission.--
     Pursuant to its authority under section 994 of title 28, 
     United States Code, the United States Sentencing Commission 
     shall review and amend its guidelines and its policy 
     statements to provide for increased penalties for unlawful 
     manufacturing, importing, exporting, and trafficking of 
     methamphetamine, and other similar offenses, including 
     unlawful possession with intent to commit any of those 
     offenses, and attempt and conspiracy to commit any of those 
     offenses. The Commission shall submit to Congress 
     explanations therefor and any additional policy 
     recommendations for combating methamphetamine offenses.
       (b) In General.--In carrying out this section, the 
     Commission shall ensure that the sentencing guidelines and 
     policy statements for offenders convicted of offenses 
     described in subsection (a) and any recommendations submitted 
     under such subsection reflect the heinous nature of such 
     offenses, the need for aggressive law enforcement action to 
     fight such offenses, and the extreme dangers associated with 
     unlawful activity involving methamphetamine, including--
       (1) the rapidly growing incidence of methamphetamine abuse 
     and the threat to public safety such abuse poses;
       (2) the high risk of methamphetamine addiction;
       (3) the increased risk of violence associated with 
     methamphetamine trafficking and abuse; and
       (4) the recent increase in the illegal importation of 
     methamphetamine and precursor chemicals.

     SEC. 302. ENHANCED PENALTIES FOR OFFENSES INVOLVING CERTAIN 
                   LISTED CHEMICALS.

       (a) Controlled Substances Act.--Section 401(d) of the 
     Controlled Substances Act (21 U.S.C. 841(d)) is amended by 
     striking ``not more than 10 years,'' and inserting ``not more 
     than 20 years in the case of a violation of paragraph (1) or 
     (2) involving a list I chemical or not more than 10 years in 
     the case of a violation of this subsection other than a 
     violation of paragraph (1) or (2) involving a list I 
     chemical,''.
       (b) Controlled Substance Import and Export Act.--Section 
     1010(d) of the Controlled Substance Import and Export Act (21 
     U.S.C. 960(d)) is amended by striking ``not more than 10 
     years,'' and inserting ``not more than 20 years in the case 
     of a violation of paragraph (1) or (3) involving a list I 
     chemical or not more than 10 years in the case of a violation 
     of this subsection other than a violation of paragraph (1) or 
     (3) involving a list I chemical,''.
       (c) Sentencing Guidelines.--
       (1) In general.--The United States Sentencing Commission 
     shall, in accordance with the procedures set forth in section 
     21(a) of the Sentencing Act of 1987, as though the authority 
     of that section had not expired, amend the sentencing 
     guidelines to increase by at least two levels the offense 
     level for offenses involving list I chemicals under--
       (A) section 401(d) (1) and (2) of the Controlled Substances 
     Act (21 U.S.C. 841(d) (1) and (2)); and
       (B) section 1010(d) (1) and (3) of the Controlled Substance 
     Import and Export Act (21 U.S.C. 960(d) (1) and (3)).
       (2) Requirement.--In carrying out this subsection, the 
     Commission shall ensure that the offense levels for offenses 
     referred to in paragraph (1) are calculated proportionally on 
     the basis of the quantity of controlled substance that 
     reasonably could have

[[Page S10710]]

     been manufactured in a clandestine setting using the quantity 
     of the list I chemical possessed, distributed, imported, or 
     exported.
       On page 2, strike out the items relating to sections 301 
     and 302 and insert the following:

Sec. 301. Penalty increases for trafficking in methamphetamine.
Sec. 302. Enhanced penalties for offenses involving certain listed 
              chemicals.

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