I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Solutions to Limit the Abuse of Methamphetamine 

4 (SLAM) Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. 

7 SEC. 2. ENHANCED PENALTIES FOR METHAMPHETAMINE 

8 PRODUCTION, POSSESSION, OR TRAF9 FICKING. 

10 (a) MANUFACTURE, DISTRIBUTION, DISPENSATION, 

11 OR CERTAIN POSSESSION OF METHAMPHETAMINE.—Sec12 tion 401 of the Controlled Substances Act (21 U.S.C. 841) 

13 is amended— 

14 (1) in subsection (b)(1)(A)(viii)— 

15 (A) by striking ‘‘50 grams’’ and inserting 

16 ‘‘10 grams’’; and 

17 (B) by striking ‘‘500 grams’’ and inserting 

18 ‘‘100 grams’’; and 

19 (2) in subsection (b)(1)(B)(viii)— 

20 (A) by striking ‘‘5 grams’’ and inserting 

21 ‘‘3 grams’’; and 
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1 (B) by striking ‘‘50 grams’’ and inserting 

2 ‘‘30 grams’’. 

3 (b) IMPORTATION OR EXPORTATION OF METH4 AMPHETAMINE.—Section 1010 of the Controlled Sub5 stances Import and Export Act (21 U.S.C. 960) is amend6 ed— 

7 (1) in subsection (b)(1)(H)— 

8 (A) by striking ‘‘50 grams’’ and inserting 

9 ‘‘10 grams’’; and 

10 (B) by striking ‘‘500 grams’’ and inserting 

11 ‘‘100 grams’’; and 

12 (2) in subsection (b)(2)(H)— 

13 (A) by striking ‘‘5 grams’’ and inserting 

14 ‘‘3 grams’’; and 

15 (B) by striking ‘‘50 grams’’ and inserting 

16 ‘‘30 grams’’. 

17 (c) SMUGGLING METHAMPHETAMINE OR METH18 AMPHETAMINE PRECURSOR CHEMICALS INTO THE

19 UNITED STATES WHILE USING FACILITATED ENTRY

20 PROGRAMS.— 

21 (1) ENHANCED PRISON SENTENCE.—The sen22 tence of imprisonment imposed on a person con23 victed of an offense under the Controlled Substances 

24 Act (21 U.S.C. 801 et seq.) or the Controlled Sub25 stances Import and Export Act (21 U.S.C. 951 et 
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1 seq.), involving methamphetamine or any listed 

2 chemical that is defined in section 102(33) of the 

3 Controlled Substances Act (21 U.S.C. 802(33)), 

4 shall, if the offense is committed under the cir5 cumstance described in paragraph (2), be increased 

6 by a period of not less than one year and not more 

7 than 10 years. 

8 (2) CIRCUMSTANCES.—For purposes of para9 graph (1), the circumstance described in this para10 graph is that the offense described in paragraph (1) 

11 was committed by a person who— 

12 (A) was enrolled in, or who was acting on 

13 behalf of any person or entity enrolled in, any 

14 dedicated commuter lane, alternative or acceler15 ated inspection system, or other facilitated 

16 entry program administered or approved by the 

17 Federal Government for use in entering the 

18 United States; and 

19 (B) committed the offense while entering 

20 the United States, using such lane, system, or 

21 program. 

22 (3) PERMANENT INELIGIBILITY.—Any person 

23 found guilty under paragraph (1) shall be perma24 nently and irrevocably barred from being eligible for 
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1 or using any lane, system, or program described in 

2 paragraph (2)(A). 

3 SEC. 3. ENHANCED PENALTIES FOR OFFENSES INVOLVING 

4 LISTED CHEMICALS. 

5 (a) POSSESSION OF LISTED CHEMICALS WITH IN6 TENT TO MANUFACTURE.—Subsection (c) of section 401 

7 of the Controlled Substances Act (21 U.S.C. 841(c)) is 

8 amended— 

9 (1) by striking ‘‘or imprisoned’’ and inserting 

10 ‘‘and imprisoned not less than 10 years and’’; 

11 (2) by striking ‘‘20 years’’ and inserting ‘‘30 

12 years’’; and 

13 (3) by striking ‘‘, or both’’. 

14 (b) CAUSING EVASION OF RECORDING REQUIRE15 MENTS.—Such subsection is further amended— 

16 (1) by striking ‘‘or’’ before ‘‘not more than 10 

17 years’’ and inserting ‘‘and not less than 3 years 

18 and’’; and 

19 (2) by striking ‘‘, or both’’. 

20 (c) KNOWING DISTRIBUTION OR CERTAIN KNOWING

21 POSSESSION OF LISTED CHEMICALS.—Subsection (f) of 

22 section 401 of such Act (21 U.S.C. 841(f)) is amended— 

23 (1) in paragraph (1)— 
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1 (A) by striking ‘‘or imprisoned’’ and in2 serting ‘‘and imprisoned not less than 3 years 

3 and’’; and 

4 (B) by striking ‘‘5 years, or both’’ and in5 serting ‘‘10 years’’; and 

6 (2) in paragraph (2)— 

7 (A) by striking ‘‘or imprisoned’’ and in8 serting ‘‘and imprisoned not less than 1 year 

9 and’’; and 

10 (B) by striking ‘‘one year, or both’’ and in11 serting ‘‘5 years’’. 

12 (d) EVADING REQUIREMENTS FOR ACQUIRING, CRE13 ATING, OR TRAFFICKING LISTED CHEMICALS OR CHEM14 ICAL MIXTURES.—Section 403(d) of such Act (21 U.S.C. 

15 843(d)) is amended— 

16 (1) in paragraph (1), by striking ‘‘paragraph 

17 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

18 (2) by inserting after paragraph (2) the fol19 lowing new paragraph: 

20 ‘‘(3) Any person who violates paragraph (4)(B), 

21 (8), or (9) of subsection (a) shall be fined under title 

22 18, United States Code, and sentenced to a term of 

23 imprisonment of not less than 2 years and not more 

24 than 10 years; except that if any person commits 

25 such a violation after one or more prior convictions 
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1 of that person for violation of this section, or for a 

2 felony under any other provision of this title or title 

3 III or other law of the United States relating to nar4 cotic drugs, marihuana, or depressant or stimulant 

5 substances, has become final, such person shall be 

6 fined under title 18, United States Code, and sen7 tenced to a term of imprisonment of not less than 

8 4 years and not more than 20 years.’’. 

9 (e) IMPORTATION OF LISTED CHEMICALS WITH IN10 TENT TO MANUFACTURE CONTROLLED SUBSTANCES.— 

11 Section 1010(d) of the Controlled Substances Import and 

12 Export Act (21 U.S.C. 960(d)) is amended— 

13 (1) in paragraph (7), by striking the period at 

14 the end and inserting a comma; 

15 (2) by striking ‘‘title 18, imprisoned not more 

16 than 20’’ and inserting ‘‘title 18, United States 

17 Code, and imprisoned not less than 10 years and not 

18 more than 30’’; 

19 (3) by inserting ‘‘not less than 3 years and’’ be20 fore ‘‘not more than 10 years’’; and 

21 (4) by striking ‘‘, or both’’. 

22 SEC. 4. OFFENSES ASSOCIATED WITH MANUFACTURING 

23 CONTROLLED SUBSTANCES. 

24 (a) MANUFACTURING CONTROLLED SUBSTANCES ON

25 FEDERAL PROPERTY.—Subsection (b) of section 401 of 
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1 the Controlled Substances Act (21 U.S.C. 841(b)) is 

2 amended in paragraph (5) by inserting ‘‘or manufac3 turing’’ after ‘‘cultivating’’. 

4 (b) ENVIRONMENTAL CONTAMINATION OF FEDERAL

5 PROPERTY BECAUSE OF METHAMPHETAMINE PRODUC6 TION.—Such subsection is further amended by striking 

7 the period at the end of paragraph (6) and inserting ‘‘, 

8 except that if the violation is in any way connected with 

9 the production of methamphetamine, such person shall be 

10 fined in accordance with title 18, United States Code, and 

11 imprisoned for not less than 1 year and not more than 

12 10 years.’’. 

13 (c) ENHANCED PENALTIES FOR POSSESSION OF

14 CERTAIN TOOLS USED TO MANUFACTURE METHAMPHET15 AMINE.—Section 403(d)(2) of such Act (21 U.S.C. 

16 843(d)(2)) is amended— 

17 (1) by striking ‘‘sentenced to a term of impris18 onment of not more than 10 years, a fine under title 

19 18, United States Code, or both’’ and inserting 

20 ‘‘fined under title 18, United States Code, and sen21 tenced to a term of imprisonment of not less than 

22 5 years and not more than 20 years’’; and 

23 (2) by striking ‘‘sentenced to a term of impris24 onment of not more than 20 years, a fine under title 

25 18, United States Code, or both’’ and inserting 
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1 ‘‘fined under title 18, United States Code, and sen2 tenced to a term of imprisonment of not less than 

3 10 years and not more than 40 years’’. 

4 (d) ENHANCED PENALTIES FOR MAINTAINING

5 DRUG-INVOLVED PREMISES.—Section 416(b) of such Act 

6 (21 U.S.C. 856(b)) is amended by striking ‘‘a term of im7 prisonment of not more than 20 years or a fine of not 

8 more than $500,000, or both’’ and inserting ‘‘a term of 

9 imprisonment of not less than 5 years and not more than 

10 20 years and a fine of not more than $500,000’’. 

11 (e) ENDANGERING HUMAN LIFE WHILE ILLEGALLY

12 MANUFACTURING CONTROLLED SUBSTANCES.— 

13 (1) IN GENERAL.—Section 417 of such Act (21 

14 U.S.C. 858) is amended by striking ‘‘or imprisoned 

15 not more than 10 years, or both’’ and inserting ‘‘and 

16 sentenced to a term of imprisonment of not less than 

17 10 years and not more than 40 years;’’. 

18 (2) EXCEPTION FOR ENHANCED PENALTIES

19 FOR ENDANGERING LIFE OF MINORS.—Such section 

20 is further amended by inserting after ‘‘not more 

21 than 40 years’’, as inserted by paragraph (1), ‘‘ex22 cept that in the case of the creation of a substantial 

23 risk of harm to the life of an individual less than 18 

24 years of age, whoever violates this section shall be 

25 fined in accordance with title 18, United States 
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1 Code, and sentenced to a term of imprisonment of 

2 not less than 20 years and not more than life im3 prisonment’’. 

4 (f) SEXUAL ABUSE, SEXUAL EXPLOITATION, OR CO5 ERCIVE PROSTITUTION WHILE ILLEGALLY MANUFAC6 TURING, DISTRIBUTING, DISPENSING, TRANSPORTING, OR

7 POSSESSING CONTROLLED SUBSTANCES.— 

8 (1) IN GENERAL.—Such Act is amended in part 

9 D by adding at the end the following new section: 

10 ‘‘SEC. 424. SEXUAL ABUSE, SEXUAL EXPLOITATION, OR CO11 ERCIVE PROSTITUTION WHILE ILLEGALLY 

12 MANUFACTURING, DISTRIBUTING, DIS13 PENSING, POSSESSING, OR TRANSPORTING 

14 CONTROLLED SUBSTANCES. 

15 ‘‘(a) PENALTY FOR CERTAIN SEXUAL ABUSE, SEX16 UAL EXPLOITATION, OR COERCIVE PROSTITUTION.— 

17 Whoever, while manufacturing, distributing, dispensing, 

18 or possessing a controlled substance in violation of this 

19 title, or attempting to do so, or transporting or causing 

20 to be transported materials (including chemicals), or at21 tempting to do so, commits a covered sex crime against 

22 an individual shall be fined in accordance with title 18, 

23 United States Code, and sentenced to a term of imprison24 ment of not less than 10 years and not more than 20 

25 years; except that in the case of a covered sex crime com-
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1 mitted against an individual less than 18 years of age, 

2 whoever violates this section shall be fined in accordance 

3 with such time, and sentenced to a term of imprisonment 

4 of not less than 25 years and not more than life imprison5 ment. 

6 ‘‘(b) COVERED SEX CRIME.—For purposes of sub7 section (a), a covered sex crime is any of the following: 

8 ‘‘(1) SEXUAL ABUSE.— 

9 ‘‘(A) Causing (or attempting to cause) an 

10 individual to engage in a sexual act by threat11 ening or placing that individual in fear. 

12 ‘‘(B) Engaging (or attempting to engage) 

13 in a sexual act with an individual if that indi14 vidual is— 

15 ‘‘(i) incapable of appraising the na16 ture of the conduct; or 

17 ‘‘(ii) physically incapable of declining 

18 participation in, or communicating unwill19 ingness to engage in, that sexual act. 

20 ‘‘(2) SEXUAL EXPLOITATION.—Employing, 

21 using, persuading, inducing, enticing, or coercing (or 

22 attempting to employ, use, persuade, induce, entice, 

23 or coerce) an individual to engage in, or assist any 

24 other individual to engage in, any sexually explicit 
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1 conduct for the purpose of producing any visual de2 piction of such conduct. 

3 ‘‘(3) COERCED PROSTITUTION.—Persuading, 

4 inducing, enticing, or coercing (or attempting to per5 suade, induce, entice, or coerce) an individual to en6 gage in prostitution, or in any sexual activity for 

7 which an individual may be charged with a criminal 

8 offense. 

9 ‘‘(4) RESULTANT PROSTITUTION.—Distributing 

10 or dispensing a controlled substance to an individual 

11 who engages in prostitution as a result or likely re12 sult of such distribution or dispensation.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents of such Act is amended by adding at the end 

15 the following new item: 

‘‘Sec. 424. Sexual abuse, sexual exploitation, or coerced prostitution while illegally manufacturing, distributing, dispensing, possessing, or 

transporting controlled substances.’’. 

16 SEC. 5. ENHANCED RESIDENTIAL SUBSTANCE ABUSE 

17 TREATMENT PROGRAMS FOR STATE AND 

18 FEDERAL PRISONERS. 

19 (a) ENHANCED RESIDENTIAL SUBSTANCE ABUSE

20 TREATMENT PROGRAM FOR STATE PRISONERS.— 

21 (1) ENHANCED DRUG SCREENINGS REQUIRE22 MENT.—Subsection (b) of section 1902 of the Omni23 bus Crime Control and Safe Streets Act of 1968 (42 

24 U.S.C. 3796ff–1(b)) is amended to read as follows: 
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1 ‘‘(b) SUBSTANCE ABUSE TESTING REQUIREMENT.— 

2 To be eligible to receive funds under this part, a State 

3 must agree— 

4 ‘‘(1) to implement or continue to require urinal5 ysis or other proven reliable forms of testing, includ6 ing both periodic and random testing— 

7 ‘‘(A) of an individual before the individual 

8 enters a residential substance abuse treatment 

9 program and during the period in which the in10 dividual participates in the treatment program; 

11 and 

12 ‘‘(B) of an individual released from a resi13 dential substance abuse treatment program if 

14 the individual remains in the custody of the 

15 State; and 

16 ‘‘(2) to require, as a condition of participation 

17 in the treatment program, that such testing indicate 

18 that the individual has not used a controlled sub19 stance for at least the three-month period prior to 

20 the date the individual receives such testing to enter 

21 the treatment program.’’. 

22 (2) AFTERCARE SERVICES REQUIREMENT.— 

23 Subsection (c) of such section is amended— 

24 (A) in paragraph (1), by striking ‘‘To be 

25 eligible for a preference under this part’’ and 
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1 inserting ‘‘To be eligible to receive funds under 

2 this part’’; and 

3 (B) by amending the heading to read as 

4 follows: 

5 ‘‘(c) AFTERCARE SERVICES REQUIREMENT.—’’. 

6 (3) PRIORITY FOR PARTNERSHIPS WITH COM7 MUNITY-BASED DRUG TREATMENT PROGRAMS.—Sec8 tion 1903 of such Act (42 U.S.C. 3796ff–2) is 

9 amended by adding at the end the following new 

10 subsection: 

11 ‘‘(e) PRIORITY FOR PARTNERSHIPS WITH COMMU12 NITY-BASED DRUG TREATMENT PROGRAMS.—In consid13 ering an application submitted by a State under section 

14 1902, the Attorney General shall give priority to an appli15 cation that involves a partnership between the State and 

16 a community-based drug treatment program within the 

17 State.’’. 

18 (4) RESIDENTIAL SUBSTANCE ABUSE TREAT19 MENT PROGRAM REDEFINED.—Section 901(a)(25) 

20 of such Act (42 U.S.C. 3791(a)(25)) is amended by 

21 striking ‘‘means a course of’’ and all that follows 

22 and inserting ‘‘means a course of individual and 

23 group activities and treatment, lasting at least six 

24 months, in residential treatment facilities set apart 

25 from the general prison population.’’. 
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1 (b) ENHANCED RESIDENTIAL SUBSTANCE ABUSE

2 TREATMENT PROGRAM FOR FEDERAL PRISONERS.— 

3 (1) SUBSTANCE ABUSE TESTING REQUIRE4 MENT.— 

5 (A) TESTING REQUIRED AS COMPONENT

6 OF PROGRAM.—Subsection (b) of section 3621 

7 of title 18, United States Code, is amended by 

8 adding at the end the following new sentence: 

9 ‘‘Such treatment shall include urinalysis or 

10 other proven reliable forms of testing, including 

11 both periodic and random testing, of such a 

12 prisoner before the prisoner enters the treat13 ment program and during the period in which 

14 the prisoner participates in the treatment pro15 gram.’’. 

16 (B) PASSAGE OF TEST AS CONDITION OF

17 PARTICIPATION.—Subsection (e)(5)(B) of such 

18 section is amended— 

19 (i) in clause (i), by striking ‘‘and’’ at 

20 the end; and 

21 (ii) by inserting at the end the fol22 lowing new clause: 

23 ‘‘(iii) determined by the Director of 

24 the Bureau of Prisons, through use of uri25 nalysis or other proven reliable forms of 
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1 testing, to have not used a controlled sub2 stance for at least the three-month period 

3 prior to the date the prisoner enters resi4 dential substance abuse treatment; and’’. 

5 (2) RESIDENTIAL SUBSTANCE ABUSE TREAT6 MENT REDEFINED.—Paragraph (5)(A) of such sec7 tion is amended by striking ‘‘means a course of’’ and 

8 all that follows through the semicolon at the end of 

9 clause (ii) and inserting ‘‘means a course of indi10 vidual and group activities and treatment, lasting at 

11 least six months, in residential treatment facilities 

12 set apart from the general prison population;’’. 

13 (3) AUTHORIZATION OF APPROPRIATIONS.— 

14 Paragraph (4) of such section is amended— 

15 (A) in subparagraph (D), by striking 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (E), by striking the 

18 period at the end and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following new 

20 subparagraph: 

21 ‘‘(F) and such sums as may be necessary 

22 in subsequent fiscal years.’’. 
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1 SEC. 6. METHWATCH PROGRAM; INFORMATION FOR PER2 SONS SELLING AT RETAIL. 

3 (a) IN GENERAL.—The Attorney General, acting 

4 through the Administrator of the Drug Enforcement Ad5 ministration and in consultation with the States, shall 

6 carry out a program to provide information to retailers 

7 regarding the purchase of precursor products by individ8 uals who may intend to use the products in the illicit pro9 duction of methamphetamine. 

10 (b) CERTAIN REQUIREMENTS.—The activities of the 

11 Attorney General in carrying out the program under sub12 section (a) shall include the following: 

13 (1) Providing information to retailers on pre14 venting the sale of precursor products to individuals 

15 referred to in such subsection and on preventing the 

16 theft of the products by such individuals. 

17 (2) Establishing a system through which retail18 ers can report suspicious purchases of precursor 

19 products and obtain appropriate technical assistance. 

20 The system shall use an Internet site (or portion 

21 thereof), or toll-free telephone communications, or 

22 both, as determined appropriate by the Attorney 

23 General. 

24 (3) Encouraging retailers to place precursor 

25 products such that customers do not have direct ac-
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1 cess to the products (commonly known as behind the 

2 counter). 

3 (c) DESIGNATION OF PROGRAM.—The program 

4 under subsection (a) shall be designated by the Attorney 

5 General as the MethWatch program. 

6 (d) DEFINITIONS.—For purposes of this section: 

7 (1) The term ‘‘retailers’’ means persons whose 

8 registrations pursuant to section 303(h) of the Con9 trolled Substances Act authorize sales of ephedrine, 

10 pseudoephedrine, or phenylpropanolamine at retail. 

11 (2) The term ‘‘precursor products’’ means prod12 ucts containing ephedrine, pseudoephedrine, or phen13 ylpropanolamine. 

Æ