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104TH CONGRESS

2D SESSION S. 1607

To control access to precursor chemicals used to manufacture

methamphetamine and other illicit narcotics, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 12, 1996

Mrs. FEINSTEIN (for herself, Mr. GRASSLEY, Mr. REID, and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

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’’.

6 SEC. 2. REGULATION OF CHEMICAL SUPPLY HOUSES.

7 Section 310 of the Controlled Substances Act (21

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

9 new subsection:
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1 ‘‘(d)(1) Any chemical supply house that sells a listed

2 chemical, after having been provided a warning under

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

4 who uses, or intends or attempts to use, the listed chemi5 cal, or causes the listed chemical to be used or attempted

6 to be used, to manufacture or produce methamphetamine

7 shall—

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

9 than $250,000; or

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

11 be ordered to cease the production and sale of any

12 chemicals.

13 ‘‘(2) The Attorney General, acting through the Ad14 ministrator of the Drug Enforcement Administration,

15 shall provide a written warning to each chemical supply

16 house that violates paragraph (1).

17 ‘‘(3) For purposes of this subsection, the term ‘chem18 ical supply house’ means any manufacturer, wholesaler, or

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

20 operation or business enterprise engaging in regulated

21 transactions.

22 ‘‘(4) All amounts received from enforcement of the

23 civil penalty under paragraph (1) shall be used by the Ad24 ministrator of the Environmental Protection Agency for

25 the environmental cleanup of clandestine laboratories
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1 used, or intended or attempted to be used, to manufacture

2 methamphetamine.’’.

3 SEC. 3. INCREASED PENALTIES FOR POSSESSION AND DIS4 TRIBUTION OF LISTED CHEMICALS.

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

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

7 ‘‘10 years’’ and inserting ‘‘20 years in a case involving

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

9 chemical’’.

10 (b) AMENDMENT OF SENTENCING GUIDELINES.—

11 The United States Sentencing Commission shall amend

12 the Federal Sentencing Guidelines to reflect the amend13 ment made by subsection (a).

14 SEC. 4. INCREASED PENALTIES FOR MANUFACTURE AND

15 POSSESSION OF EQUIPMENT USED TO MAKE

16 METHAMPHETAMINE.

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

18 U.S.C. 843(d)) is amended—

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

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

21 person’’; and

22 (2) by adding at the end the following new

23 paragraph:

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

25 methamphetamine, violates subsection (a) (6) or (7), shall
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1 be sentenced to a term of imprisonment of not more than

2 10 years, a fine of not more than $30,000, or both.’’.

3 SEC. 5. REGULATION OF PSEUDOEPHEDRINE.

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

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

6 ‘‘ephedrine’’ each place it appears and inserting ‘‘ephed7 rine or pseudoephedrine,’’.

8 SEC. 6. ADDITION OF SUBSTANCES TO DEFINITION OF LIST9 ED CHEMICALS.

10 Section 102 of the Controlled Substances Act (21

11 U.S.C. 802) is amended—

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

13 following new subparagraph:

14 ‘‘(Y) Iodine.’’; and

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

16 following new subparagraphs:

17 ‘‘(I) Red phosphorous.

18 ‘‘(J) Hydrochloric gas.’’.

19 SEC. 7. SUPPORT FOR INTERNATIONAL EFFORTS TO CON20 TROL DRUGS.

21 It is the sense of the Congress that—

22 (1) the rise in manufacture and usage of the il23 legal narcotic methamphetamine is of major concern

24 to the United States;
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1 (2) a substantial portion of the ephedrine used

2 to make methamphetamine is smuggled across the

3 United States-Mexico border;

4 (3) the countries of China, India, the Czech Re5 public, Germany, and Slovenia are the largest manu6 facturers of ephedrine and pseudoephedrine;

7 (4) one means of preventing the international

8 diversion of ephedrine and pseudoephedrine is the

9 letter of nonobjection, which requires that the gov10 ernment of a country receiving a shipment of the

11 chemical is aware of and approves the shipment, the

12 quantity involved, the company receiving the ship13 ment, and the ultimate use of the chemical;

14 (5) therefore, all ephedrine and

15 pseudoephedrine producing countries should require

16 letters of nonobjection from the Mexican government

17 before exporting ephedrine or pseudoephedrine to

18 that country; and

19 (6) all ephedrine and pseudoephedrine produc20 ing countries and Mexico should cooperate in any

21 way possible to deter the smuggling of ephedrine

22 and pseudoephedrine into the United States.

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