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 pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee concerned
A BILL
To control access to precursor chemicals used to manufacture
methamphetamine and other illicit narcotics, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Methamphetamine
Control Act of 1996’’.
SEC. 2. REGULATION OF CHEMICAL SUPPLY HOUSES.
Section 310 of the Controlled Substances Act (21
U.S.C. 830) is amended by adding at the end the following
new subsection:
‘‘(d)(1) Any chemical supply house that sells a listed
chemical, after having been provided a warning under
paragraph (2) within the previous 10 years, to a person
who uses, or intends or attempts to use, the listed chemi-
cal, or causes the listed chemical to be used or attempted
to be used, to manufacture or produce methamphetamine
shall—
‘‘(A) be subject to a civil penalty of not more
than $250,000; or
‘‘(B) for the second violation of this subsection,
be ordered to cease the production and sale of any
chemicals.
‘‘(2) The Attorney General, acting through the Ad-
ministrator of the Drug Enforcement Administration,
shall provide a written warning to each chemical supply
house that violates paragraph (1).
‘‘(3) For purposes of this subsection, the term ‘chem-
ical supply house’ means any manufacturer, wholesaler, or
retailer, who owns, or who represents the owner of, any
operation or business enterprise engaging in regulated
transactions.
‘‘(4) All amounts received from enforcement of the
civil penalty under paragraph (1) shall be used by the Ad-
ministrator of the Environmental Protection Agency for
the environmental cleanup of clandestine laboratories
used, or intended or attempted to be used, to manufacture
methamphetamine.’’.
SEC. 3. INCREASED PENALTIES FOR POSSESSION AND DIS-
TRIBUTION OF LISTED CHEMICALS.
(a) IN GENERAL.—Section 401(d) of the Controlled
Substances Act (21 U.S.C. 841(d)) is amended by striking
‘‘10 years’’ and inserting ‘‘20 years in a case involving
a list I chemical or 10 years in a case involving a list II
chemical’’.
(b) AMENDMENT OF SENTENCING GUIDELINES.—
The United States Sentencing Commission shall amend
the Federal Sentencing Guidelines to reflect the amend-
ment made by subsection (a).
SEC. 4. INCREASED PENALTIES FOR MANUFACTURE AND
POSSESSION OF EQUIPMENT USED TO MAKE
METHAMPHETAMINE.
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 new
paragraph:
‘‘(2) Any person who, with the intent to manufacture
methamphetamine, violates subsection (a) (6) or (7), shall
be sentenced to a term of imprisonment of not more than
10 years, a fine of not more than $30,000, or both.’’.
SEC. 5. REGULATION OF PSEUDOEPHEDRINE.
Section 102(39)(A)(iv) of the Controlled Substances
Act (21 U.S.C. 802(39)(A)(iv)) is amended by striking
‘‘ephedrine’’ each place it appears and inserting ‘‘ephed-
rine or pseudoephedrine,’’.
SEC. 6. ADDITION OF SUBSTANCES TO DEFINITION OF LIST-
ED CHEMICALS.
Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended—
(1) in paragraph (34), by adding at the end the
following new subparagraph:
‘‘(Y) Iodine.’’; and
(2) in paragraph (35), by adding at the end the
following new subparagraphs:
‘‘(I) Red phosphorous.
‘‘(J) Hydrochloric gas.’’.
SEC. 7. SUPPORT FOR INTERNATIONAL EFFORTS TO CON-
TROL DRUGS.
It is the sense of the Congress that—
(1) the rise in manufacture and usage of the il-
legal narcotic methamphetamine is of major concern
to the United States;
(2) a substantial portion of the ephedrine used
to make methamphetamine is smuggled across the
United States-Mexico border;
(3) the countries of China, India, the Czech Re-
public, Germany, and Slovenia are the largest manu-
facturers of ephedrine and pseudoephedrine;
(4) one means of preventing the international
diversion of ephedrine and pseudoephedrine is the
letter of nonobjection, which requires that the gov-
ernment of a country receiving a shipment of the
chemical is aware of and approves the shipment, the
quantity involved, the company receiving the ship-
ment, and the ultimate use of the chemical;
(5) 
therefore, 
all 
ephedrine 
and 
pseu-
doephedrine producing countries should require let-
ters of nonobjection from the Mexican Government
before exporting ephedrine or pseudoephedrine to
that country; and
(6) all ephedrine and pseudoephedrine produc-
ing countries and Mexico should cooperate in any
way possible to deter the smuggling of ephedrine
and pseudoephedrine into the United States.
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