I

104TH CONGRESS

2D SESSION H. R. 3067

To control access to precursor chemicals used to manufacture

methamphetamine and other illicit narcotics, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 12, 1996

Mr. FAZIO of California (for himself and Mr. RIGGS) introduced the following

bill; which was referred to the Committee on Commerce, and in addition

to the Committees on the Judiciary and International Relations, 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 control access to precursor chemicals used to manufacture

methamphetamine and other illicit narcotics, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Methamphetamine

5 Control Act of 1996’’.
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1 SEC. 2. REGULATION OF CHEMICAL SUPPLY HOUSES.

2 Section 310 of the Controlled Substances Act (21

3 U.S.C. 830) is amended by adding at the end the following

4 new subsection:

5 ‘‘(d)(1) Any chemical supply house that sells a listed

6 chemical, after having been provided a warning under

7 paragraph (2) within the previous 10 years, to a person

8 who uses, or intends or attempts to use, the listed chemi9 cal, or causes the listed chemical to be used or attempted

10 to be used, to manufacture or produce methamphetamine

11 shall—

12 ‘‘(A) be subject to a civil penalty of not more

13 than $250,000; or

14 ‘‘(B) for the second violation of this subsection,

15 be ordered to cease the production and sale of any

16 chemicals.

17 ‘‘(2) The Attorney General, acting through the Ad18 ministrator of the Drug Enforcement Administration,

19 shall provide a written warning to each chemical supply

20 house that violates paragraph (1).

21 ‘‘(3) For purposes of this subsection, the term ‘chem22 ical supply house’ means any manufacturer, wholesaler, or

23 retailer, who owns, or who represents the owner of, any

24 operation or business enterprise engaging in regulated

25 transactions.
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1 ‘‘(4) All amounts received from enforcement of the

2 civil penalty under paragraph (1) shall be used by the Ad3 ministrator of the Environmental Protection Agency for

4 the environmental cleanup of clandestine laboratories

5 used, or intended or attempted to be used, to manufacture

6 methamphetamine.’’.

7 SEC. 3. INCREASED PENALTIES FOR POSSESSION AND DIS8 TRIBUTION OF LISTED CHEMICALS.

9 (a) IN GENERAL.—Section 401(d) of the Controlled

10 Substances Act (21 U.S.C. 841(d)) is amended by striking

11 ‘‘10 years’’ and inserting ‘‘20 years in a case involving

12 a list I chemical or 10 years in a case involving a list II

13 chemical’’.

14 (b) AMENDMENT OF SENTENCING GUIDELINES.—

15 The United States Sentencing Commission shall amend

16 the Federal Sentencing Guidelines to reflect the amend17 ment made by subsection (a).

18 SEC. 4. INCREASED PENALTIES FOR MANUFACTURE AND

19 POSSESSION OF EQUIPMENT USED TO MAKE

20 METHAMPHETAMINE.

21 Section 403(d) of the Controlled Substances Act (21

22 U.S.C. 843(d)) is amended—

23 (1) by striking ‘‘(d) Any person’’ and inserting

24 ‘‘(d)(1) Except as provided in paragraph (2), any

25 person’’; and
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1 (2) by adding at the end the following new

2 paragraph:

3 ‘‘(2) Any person who, with the intent to manufacture

4 methamphetamine, violates subsection (a) (6) or (7), shall

5 be sentenced to a term of imprisonment of not more than

6 10 years, a fine of not more than $30,000, or both.’’.

7 SEC. 5. REGULATION OF PSEUDOEPHEDRINE.

8 Section 102(39)(A)(iv) of the Controlled Substances

9 Act (21 U.S.C. 802(39)(A)(iv)) is amended by striking

10 ‘‘ephedrine’’ each place it appears and inserting ‘‘ephed11 rine or pseudoephedrine,’’.

12 SEC. 6. ADDITION OF SUBSTANCES TO DEFINITION OF LIST13 ED CHEMICALS.

14 Section 102 of the Controlled Substances Act (21

15 U.S.C. 802) is amended—

16 (1) in paragraph (34), by adding at the end the

17 following new subparagraph:

18 ‘‘(Y) Iodine.’’; and

19 (2) in paragraph (35), by adding at the end the

20 following new subparagraphs:

21 ‘‘(I) Red phosphorous.

22 ‘‘(J) Hydrochloric gas.’’.

23 SEC. 7. SUPPORT FOR INTERNATIONAL EFFORTS TO CON24 TROL DRUGS.

25 It is the sense of the Congress that—
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1 (1) the rise in manufacture and usage of the il2 legal narcotic methamphetamine is of major concern

3 to the United States;

4 (2) a substantial portion of the ephedrine used

5 to make methamphetamine is smuggled across the

6 United States-Mexico border;

7 (3) the countries of China, India, the Czech Re8 public, Germany, and Slovenia are the largest manu9 facturers of ephedrine and pseudoephedrine;

10 (4) one means of preventing the international

11 diversion of ephedrine and pseudoephedrine is the

12 letter of nonobjection, which requires that the gov13 ernment of a country receiving a shipment of the

14 chemical is aware of and approves the shipment, the

15 quantity involved, the company receiving the ship16 ment, and the ultimate use of the chemical;

17 (5) therefore, all ephedrine and pseu18 doephedrine producing countries should require let19 ters of nonobjection from the Mexican Government

20 before exporting ephedrine or pseudoephedrine to

21 that country; and

22 (6) all ephedrine and pseudoephedrine produc23 ing countries and Mexico should cooperate in any
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1 way possible to deter the smuggling of ephedrine

2 and pseudoephedrine into the United States.

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