II

106TH CONGRESS

1ST SESSION S. 486

To provide for the punishment of methamphetamine laboratory operators,

provide additional resources to combat methamphetamine production,

trafficking, and abuse in the United States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 25, 1999

Mr. ASHCROFT (for himself, Mr. DEWINE, Mr. BOND, and Mr. ENZI) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To provide for the punishment of methamphetamine laboratory operators, provide additional resources to combat

methamphetamine production, trafficking, and abuse in

the United States, 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 ‘‘Determined and Full

5 Engagement Against the Threat of Methamphetamine’’ or

6 ‘‘DEFEAT Meth’’ Act of 1999.
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1 SEC. 2. ENHANCED PUNISHMENT OF METHAMPHETAMINE

2 LABORATORY OPERATORS.

3 (a) FEDERAL SENTENCING GUIDELINES.—

4 (1) IN GENERAL.—Pursuant to its authority

5 under section 994(p) of title 28, United States Code,

6 the United States Sentencing Commission shall

7 amend the Federal sentencing guidelines in accord8 ance with paragraph (2) with respect to any offense

9 relating to the manufacture, attempt to manufac10 ture, or conspiracy to manufacture amphetamine or

11 methamphetamine in violation of—

12 (A) the Controlled Substances Act (21

13 U.S.C. 801 et seq.);

14 (B) the Controlled Substances Import and

15 Export Act (21 U.S.C. 951 et seq.); or

16 (C) the Maritime Drug Law Enforcement

17 Act (46 U.S.C. App. 1901 et seq.).

18 (2) REQUIREMENTS.—In carrying out this

19 paragraph, the United States Sentencing Commis20 sion shall, with respect to each offense described in

21 paragraph (1)—

22 (A) increase the base offense level for the

23 offense—

24 (i) by not less than 3 offense levels

25 above the applicable level in effect on the

26 date of enactment of this Act; or
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1 (ii) if the resulting base offense level

2 after an increase under clause (i) would be

3 less than level 27, to not less than level 27;

4 or

5 (B) if the offense created a substantial risk

6 of danger to the health and safety of another

7 person (including any Federal, State, or local

8 law enforcement officer lawfully present at the

9 location of the offense), increase the base of10 fense level for the offense—

11 (i) by not less than 6 offense levels

12 above the applicable level in effect on the

13 date of enactment of this Act; or

14 (ii) if the resulting base offense level

15 after an increase under clause (i) would be

16 less than level 30, to not less than level 30.

17 (3) EMERGENCY AUTHORITY TO SENTENCING

18 COMMISSION.—The United States Sentencing Com19 mission shall promulgate amendments pursuant to

20 this subsection as soon as practicable after the date

21 of enactment of this Act in accordance with the pro22 cedure set forth in section 21(a) of the Sentencing

23 Act of 1987 (Public Law 100–182), as though the

24 authority under that Act had not expired.
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1 (b) EFFECTIVE DATE.—The amendments made pur2 suant to this section shall apply with respect to any of3 fense occurring on or after the date that is 60 days after

4 the date of enactment of this Act.

5 SEC. 3. INCREASED RESOURCES FOR LAW ENFORCEMENT.

6 (a) AUTHORIZATION OF DEA FUNDS TO COMBAT

7 METHAMPHETAMINES.—

8 (1) PURPOSE.—From amounts made available

9 to carry out this subsection, the Administrator of

10 the Drug Enforcement Administration shall imple11 ment a comprehensive approach for targeting and

12 investigating methamphetamine production, traffick13 ing, and abuse to combat the trafficking of meth14 amphetamine in areas designated by the Director of

15 National Drug Control Policy as high intensity drug

16 trafficking areas, which approach shall include—

17 (A) training local law enforcement agents

18 in the detection and destruction of clandestine

19 methamphetamine laboratories, and the pros20 ecution of any offense relating to the manufac21 ture, attempt to manufacture, or conspiracy to

22 manufacture methamphetamine in violation of

23 the Controlled Substances Act (21 U.S.C. 801

24 et seq.), the Controlled Substances Import and

25 Export Act (21 U.S.C. 951 et seq.), the Mari-
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1 time Drug Law Enforcement Act (46 U.S.C.

2 App. 1901 et seq.), or applicable State law;

3 (B) investigating and assisting in the pros4 ecution of methamphetamine traffickers, estab5 lishing a national clandestine laboratory com6 puter database, reducing the availability of pre7 cursor chemicals being diverted to clandestine

8 laboratories in the United States and abroad,

9 and cleaning up the hazardous waste generated

10 by seized clandestine laboratories; and

11 (C) allocating agents to States with the

12 highest rates of clandestine laboratory closures

13 during the most recent 5 fiscal years.

14 (2) AUTHORIZATION OF APPROPRIATIONS.—

15 There are authorized to be appropriated to carry out

16 this subsection—

17 (A) $30,000,000 for fiscal year 2000; and

18 (B) such sums as may be necessary for

19 each of fiscal years 2001 through 2004.

20 (b) HIGH INTENSITY DRUG TRAFFICKING AREAS.—

21 (1) IN GENERAL.—From amounts made avail22 able to carry out this subsection, the Director of Na23 tional Drug Control Policy shall combat the traffick24 ing of methamphetamine in areas designated by the

25 Director of National Drug Control Policy as high in-
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1 tensity drug trafficking areas, including the hiring of

2 new laboratory technicians in rural communities.

3 (2) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated to carry out

5 this subsection—

6 (A) $25,000,000 for fiscal year 2000; and

7 (B) such sums as may be necessary for

8 each of fiscal years 2001 through 2004.

9 (c) EXPANDING METHAMPHETAMINE ABUSE PRE10 VENTION EFFORTS.—

11 (1) PREVENTION PROGRAMS AND ACTIVITIES.—

12 (A) IN GENERAL.—From amounts made

13 available to carry out this subsection, the Direc14 tor of National Drug Control Policy shall—

15 (i) carry out community-based preven16 tion programs that are focused on those

17 populations within the community that are

18 most at-risk for methamphetamine abuse

19 and addiction;

20 (ii) assist local government entities to

21 conduct appropriate methamphetamine

22 prevention activities;

23 (iii) train and educate State and local

24 law enforcement officials on the signs of
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1 methamphetamine abuse and addiction and

2 the options for treatment and prevention;

3 (iv) carry out planning, administra4 tion, and educational activities related to

5 the prevention of methamphetamine abuse

6 and addiction;

7 (v) monitor and evaluate methamphet8 amine prevention activities, and report and

9 disseminate resulting information to the

10 public; and

11 (vi) carry out targeted pilot programs

12 with evaluation components to encourage

13 innovation and experimentation with new

14 methodologies.

15 (B) PRIORITY.—In carrying out this para16 graph, the Director of National Drug Control

17 Policy shall give priority to assisting rural and

18 urban areas that are experiencing a high rate

19 or rapid increases in methamphetamine abuse

20 and addiction.

21 (C) ANALYSES AND EVALUATION.—

22 (i) IN GENERAL.—Of the amount

23 made available to carry out this subsection

24 in each fiscal year, not less than $500,000

25 shall be used by the Director of National
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1 Drug Control Policy, in consultation with

2 the heads of other departments and agen3 cies of the Federal Government—

4 (I) to support and conduct peri5 odic analyses and evaluations of effec6 tive prevention programs for meth7 amphetamine abuse and addiction;

8 and

9 (II) for the development of ap10 propriate strategies for disseminating

11 information about and implementing

12 those programs.

13 (ii) ANNUAL REPORTS.—The Director

14 shall annually submit to Congress a report

15 on results of the analyses and evaluations

16 under clause (i) during the preceding 12-

17 month period.

18 (2) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated to carry out

20 this subsection—

21 (A) $25,000,000 for fiscal year 2000; and

22 (B) such sums as may be necessary for

23 each of fiscal years 2001 through 2004.
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1 SEC. 4. PRECURSOR CHEMICALS.

2 Section 102(35) of the Controlled Substances Act (21

3 U.S.C. 802(35)) is amended—

4 (1) by inserting ‘‘, or immediate precursor,’’

5 after ‘‘chemical)’’; and

6 (2) by adding at the end the following:

7 ‘‘(K) Red phosphorous.

8 ‘‘(L) Sodium dichromate.’’.

9 SEC. 5. METHAMPHETAMINE PARAPHERNALIA.

10 Section 422(d) of the Controlled Substances Act

11 (21 U.S.C. 863(d)) is amended by inserting

12 ‘‘methamphetamines,’’ after ‘‘PCP,’’.

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