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SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Comprehensive Methamphetamine Control Act of 1996’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
TITLE I—IMPORTATION OF METHAMPHETAMINE AND
PRECURSOR CHEMICALS
Sec. 101. Support for international efforts to control drugs.
Sec. 102. Penalties for manufacture of listed chemicals outside the United
States with intent to import them into the United States.
TITLE II—PROVISIONS TO CONTROL THE MANUFACTURE OF
METHAMPHETAMINE
Sec. 201. Seizure and forfeiture of regulated chemicals.
Sec. 202. Study and report on measures to prevent sales of agents used in
methamphetamine production.
Sec. 203. Increased penalties for manufacture and possession of equipment
used to make controlled substances.
Sec. 204. Addition of iodine and hydrochloric gas to list II.
Sec. 205. Civil penalties for firms that supply precursor chemicals.
Sec. 206. Injunctive relief.
Sec. 207. Restitution for cleanup of clandestine laboratory sites.
Sec. 208. Record retention.
Sec. 209. Technical amendments.
Sec. 210. Withdrawal of regulations.
TITLE III—INCREASED PENALTIES FOR TRAFFICKING AND
MANUFACTURE OF METHAMPHETAMINE AND PRECURSORS
Sec. 301. Trafficking in methamphetamine penalty increases.
Sec. 302. Penalty increases for trafficking in listed chemicals.
Sec. 303. Enhanced penalty for dangerous handling of controlled substances:
amendment of sentencing guidelines.
TITLE IV—LEGAL MANUFACTURE, DISTRIBUTION, AND SALE OF
PRECURSOR CHEMICALS
Sec. 401. Diversion of certain precursor chemicals.
Sec. 402. Mail order restrictions.
TITLE V—EDUCATION AND RESEARCH
Sec. 501. Interagency methamphetamine task force.
Sec. 502. Public health monitoring.
Sec. 503. Public-private education program.
Sec. 504. Suspicious orders task force.
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TITLE 
I—IMPORTATION 
OF
METHAMPHETAMINE 
AND
PRECURSOR CHEMICALS
SEC. 101. SUPPORT FOR INTERNATIONAL EFFORTS TO CON-
TROL DRUGS.
The Attorney General, in consultation with the Sec-
retary of State, shall coordinate international drug en-
forcement efforts to decrease the movement of meth-
amphetamine and methamphetamine precursors into the
United States.
SEC. 102. PENALTIES FOR MANUFACTURE OF LISTED
CHEMICALS OUTSIDE THE UNITED STATES
WITH INTENT TO IMPORT THEM INTO THE
UNITED STATES.
(a) UNLAWFUL IMPORTATION.—Section 1009(a) of
the Controlled Substances Import and Export Act (21
U.S.C. 959(a)) is amended—
(1) in the matter before paragraph (1), by in-
serting ‘‘or listed chemical’’ after ‘‘schedule I or II’’;
and
(2) in paragraphs (1) and (2), by inserting ‘‘or
chemical’’ after ‘‘substance’’.
(b) UNLAWFUL MANUFACTURE OR DISTRIBUTION.—
Paragraphs (1) and (2) of section 1009(b) of the Con-
trolled Substances Import and Export Act (21 U.S.C.
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959(b)) are amended by inserting ‘‘or listed chemical’’
after ‘‘controlled substance’’.
(c) PENALTIES.—Section 1010(d) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(d)) is
amended—
(1) in paragraph (5), by striking ‘‘or’’ at the
end;
(2) in paragraph (6), by striking the comma at
the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(7) manufactures, possesses with intent to dis-
tribute, or distributes a listed chemical in violation
of section 959 of this title.’’.
TITLE II—PROVISIONS TO CON-
TROL THE MANUFACTURE OF
METHAMPHETAMINE
SEC. 201. SEIZURE AND FORFEITURE OF REGULATED
CHEMICALS.
(a) PENALTIES FOR SIMPLE POSSESSION.—Section
404 of the Controlled Substances Act (21 U.S.C. 844) is
amended—
(1) in subsection (a)—
(A) by adding after the first sentence the
following: ‘‘It shall be unlawful for any person
knowingly or intentionally to possess any list I
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chemical obtained pursuant to or under author-
ity of a registration issued to that person under
section 303 of this title or section 1008 of title
III if that registration has been revoked or sus-
pended, if that registration has expired, or if
the registrant has ceased to do business in the
manner contemplated by his registration.’’; and
(B) by striking ‘‘drug or narcotic’’ and in-
serting ‘‘drug, narcotic, or chemical’’ each place
it appears; and
(2) in subsection (c), by striking ‘‘drug or nar-
cotic’’ and inserting ‘‘drug, narcotic, or chemical’’.
(b) FORFEITURES.—Section 511(a) of the Controlled
Substances Act (21 U.S.C. 881(a)) is amended—
(1) in paragraphs (2) and (6), by inserting ‘‘or
listed chemical’’ after ‘‘controlled substance’’ each
place it appears; and
(2) in paragraph (9), by—
(A) inserting ‘‘dispensed, acquired,’’ after
‘‘distributed,’’ both places it appears; and
(B) striking ‘‘a felony provision of’’.
(c) SEIZURE.—Section 607 of the Tariff Act of 1930
(19 U.S.C. 1607) is amended—
(1) in subsection (a)(3), by inserting ‘‘or listed
chemical’’ after ‘‘controlled substance’’; and
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(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) As used in this section, the terms ‘controlled
substance’ and ‘listed chemical’ have the meaning given
such terms in section 102 of the Controlled Substances
Act (21 U.S.C. 802).’’.
SEC. 202. STUDY AND REPORT ON MEASURES TO PREVENT
SALES OF AGENTS USED IN METHAMPHET-
AMINE PRODUCTION.
(a) STUDY.—The Attorney General of the United
States shall conduct a study on possible measures to effec-
tively prevent the diversion of red phosphorous, iodine, hy-
drochloric gas, and other agents for use in the production
of methamphetamine. Nothing in this section shall pre-
clude the Attorney General from taking any action the At-
torney General already is authorized to take with regard
to the regulation of listed chemicals under current law.
(b) REPORT.—Not later than January 1, 1998, the
Attorney General shall submit a report to the Congress
of its findings pursuant to the study conducted under sub-
section (a) on the need for and advisability of preventive
measures.
(c) CONSIDERATIONS.—In developing recommenda-
tions under subsection (b), the Attorney General shall con-
sider—
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(1) the use of red phosphorous, iodine, hydro-
chloric gas, and other agents in the illegal manufac-
ture of methamphetamine;
(2) the use of red phosphorous, iodine, hydro-
chloric gas, and other agents for legal purposes, and
the impact any regulations may have on these pur-
poses; and
(3) comments and recommendations from law
enforcement, manufacturers of such chemicals, and
the consumers of such chemicals for legal purposes.
SEC. 203. INCREASED PENALTIES FOR MANUFACTURE AND
POSSESSION OF EQUIPMENT USED TO MAKE
CONTROLLED SUBSTANCES.
(a) IN GENERAL.—Section 403(d) of the Controlled
Substances Act (21 U.S.C. 843(d)) is amended—
(1) by striking ‘‘(d) Any person’’ and inserting
‘‘(d)(1) Except as provided in paragraph (2), any
person’’; and
(2) by adding at the end the following:
‘‘(2) Any person who violates paragraph (6) or (7)
of subsection (a), if the controlled substance is meth-
amphetamine, shall be sentenced to a term of imprison-
ment of not more than 10 years, a fine under title 18,
United States Code, or both; except that if any person
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commits such a violation after one or more prior convic-
tions of that person—
‘‘(A) for a violation of paragraph (6) or (7) of
subsection (a);
‘‘(B) for a felony under any other provision of
this subchapter or subchapter II of this chapter; or
‘‘(C) under any other law of the United States
or any State relating to controlled substances or list-
ed chemicals,
has become final, such person shall be sentenced to a term
of imprisonment of not more than 20 years, a fine under
title 18, United States Code, or both.’’.
(b) SENTENCING COMMISSION.—The United States
Sentencing Commission shall amend the sentencing guide-
lines to ensure that the manufacture of methamphetamine
in violation of section 403(d)(2) of the Controlled Sub-
stances Act, as added by subsection (a), is adequately pun-
ished.
(c) TECHNICAL AMENDMENT.—Section 403(d) of the
Controlled Substances Act (21 U.S.C. 843(d)) is amend-
ed—
(1) by striking ‘‘of not more than $30,000’’ and
inserting ‘‘under title 18, United States Code’’; and
(2) by striking ‘‘of not more than $60,000’’ and
inserting ‘‘under title 18, United States Code’’.
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SEC. 204. ADDITION OF IODINE AND HYDROCHLORIC GAS
TO LIST II.
(a) IN GENERAL.—Section 102(35) of the Controlled
Substances Act (21 U.S.C. 802(35)) is amended by adding
the end the following:
‘‘(I) Iodine.
‘‘(J) Hydrochloric gas.’’.
(b) IMPORTATION
AND
EXPORTATION
REQUIRE-
MENTS.—(1) Iodine shall not be subject to the require-
ments for listed chemicals provided in section 1018 of the
Controlled Substances Import and Export Act (21 U.S.C.
971).
(2) EFFECT OF EXCEPTION.—The exception made by
paragraph (1) shall not limit the authority of the Attorney
General to impose the requirements for listed chemicals
provided in section 1018 of the Controlled Substances Im-
port and Export Act (21 U.S.C. 971).
SEC. 205. CIVIL PENALTIES FOR FIRMS THAT SUPPLY PRE-
CURSOR CHEMICALS.
(a) OFFENSES.—Section 402(a) of the Controlled
Substances Act (21 U.S.C. 842(a)) is amended—
(1) in paragraph (9), by striking ‘‘or’’ after the
semicolon;
(2) in paragraph (10), by striking the period
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
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‘‘(11) to distribute a laboratory supply to a per-
son who uses, or attempts to use, that laboratory
supply to manufacture a controlled substance or a
listed chemical, in violation of this title or title III,
with reckless disregard for the illegal uses to which
such a laboratory supply will be put.
As used in paragraph (11), the term ‘laboratory supply’
means a listed chemical or any chemical, substance, or
item on a special surveillance list published by the Attor-
ney General, which contains chemicals, products, mate-
rials, or equipment used in the manufacture of controlled
substances and listed chemicals. For purposes of para-
graph (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,
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 cus-
tomer.’’.
(b) CIVIL PENALTY.—Section 402(c)(2) of the Con-
trolled Substances Act (21 U.S.C. 842(c)(2)) is amended
by adding at the end the following:
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‘‘(C) In addition to the penalties set forth else-
where in this title or title III, any business that vio-
lates paragraph (11) of subsection (a) shall, with re-
spect to the first such violation, be subject to a civil
penalty of not more than $250,000, but shall not be
subject to criminal penalties under this section, and
shall, for any succeeding violation, be subject to a
civil fine of not more than $250,000 or double the
last previously imposed penalty, whichever is great-
er.’’.
SEC. 206. INJUNCTIVE RELIEF.
(a) TEN-YEAR INJUNCTION MAJOR OFFENSES.—
Section 401(f) of the Controlled Substances Act (21
U.S.C. 841(f)) is amended by—
(1) inserting ‘‘manufacture, exportation,’’ after
‘‘distribution,’’; and
(2) striking ‘‘regulated’’.
(b) TEN-YEAR INJUNCTION OTHER OFFENSES.—
Section 403 of the Controlled Substances Act (21 U.S.C.
843) is amended—
(1) in subsection (e), by—
(A) inserting ‘‘manufacture, exportation,’’
after ‘‘distribution,’’; and
(B) striking ‘‘regulated’’; and
(2) by adding at the end the following:
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‘‘(f) INJUNCTIONS.—(1) In addition to any penalty
provided in this section, the Attorney General is author-
ized to commence a civil action for appropriate declaratory
or injunctive relief relating to violations of this section or
section 402.
‘‘(2) Any action under this subsection may be
brought in the district court of the United States for the
district in which the defendant is located or resides or is
doing business.
‘‘(3) Any order or judgment issued by the court pur-
suant to this subsection shall be tailored to restrain viola-
tions of this section or section 402.
‘‘(4) The court shall proceed as soon as practicable
to the hearing and determination of such an action. An
action under this subsection is governed by the Federal
Rules of Civil Procedure except that, if an indictment has
been returned against the respondent, discovery is gov-
erned by the Federal Rules of Criminal Procedure.’’.
SEC. 207. RESTITUTION FOR CLEANUP OF CLANDESTINE
LABORATORY SITES.
Section 413 of the Controlled Substances Act (21
U.S.C. 853) is amended by adding at the end the follow-
ing:
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‘‘(q) The court, when sentencing a defendant con-
victed of an offense under this title or title III involving
the manufacture of methamphetamine, may—
‘‘(1) order restitution as provided in sections
3612 and 3664 of title 18, United States Code;
‘‘(2) order the defendant to reimburse the Unit-
ed States for the costs incurred by the United States
for the cleanup associated with the manufacture of
methamphetamine by the defendant; and
‘‘(3) order restitution to any person injured as
a result of the offense as provided in section 3663
of title 18, United States Code.’’.
SEC. 208. RECORD RETENTION.
Section 310(a)(1) of the Controlled Substances Act
(21 U.S.C. 830(a)(1)) is amended by striking the dash
after ‘‘transaction’’ and subparagraphs (A) and (B) and
inserting ‘‘for two years after the date of the trans-
action.’’.
SEC. 209. TECHNICAL AMENDMENTS.
Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended—
(1) in paragraph (34), by amending subpara-
graphs (P), (S), and (U) to read as follows:
‘‘(P) Isosafrole.
‘‘(S) N-Methylephedrine.
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‘‘(U) Hydriodic acid.’’; and
(2) in paragraph (35), by amending subpara-
graph (G) to read as follows:
‘‘(G) 2-Butanone (or Methyl Ethyl Ke-
tone).’’.
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 on August 7, 1996 (61 FR 40981–
40993) is null and void and of no force or effect.
TITLE 
III—INCREASED 
PEN-
ALTIES 
FOR 
TRAFFICKING
AND 
MANUFACTURE 
OF
METHAMPHETAMINE 
AND
PRECURSORS
SEC. 301. TRAFFICKING IN METHAMPHETAMINE PENALTY
INCREASES.
(a) CONTROLLED SUBSTANCES ACT.—
(1) 
LARGE
AMOUNTS.—Section
401(b)(1)(A)(viii) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(A)(viii)) is amended by—
(A) striking ‘‘100 grams or more of meth-
amphetamine,’’ and inserting ‘‘50 grams or
more of methamphetamine,’’; and