H.R. 3852 (104th): Comprehensive Methamphetamine Control Act of 1996

Introduced:
Jul 18, 1996 (104th Congress, 1995–1996)
Sponsor:
Rep. Fred Heineman [R-NC4]
Status:
Died (Passed House)
See Instead:

S. 1965 (same title)
Signed by the President — Oct 03, 1996

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced in a previous session of Congress and was passed by the House on September 26, 1996 but was never passed by the Senate.

Progress
Introduced Jul 18, 1996
Passed House Sep 26, 1996
Votes

House Vote on Passage
Sep 26, 1996 11:51 a.m.
Passed 386/34

Cosponsors
7 cosponsors (6R, 1D) (show)
Committees

House Energy and Commerce

House Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

To prevent the illegal manufacturing and use of methamphetamine.

Summary

No summaries available.

Text

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Last updated Sep 26, 1996.
37 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

9/26/1996--Passed House amended. TABLE OF CONTENTS:
Title I - Importation of Methamphetamine and Precursor Chemicals Title II: Provisions to Control the Manufacture of Methamphetamine Title III: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors Title IV: Legal Manufacture, Distribution, and Sale of Precursor Chemicals Title V: Education and Research Comprehensive Methamphetamine Control Act of 1996
Title I - Importation of Methamphetamine and Precursor Chemicals
Directs the Attorney General to coordinate internal drug enforcement efforts to decrease the movement of methamphetamine and methamphetamine precursors into the United States.
Section 102 -
Amends the Controlled Substances Import and Export Act (CSIEA) to: (1) make specified prohibitions against the possession, manufacture, or distribution for purposes of unlawful importation of a schedule I or II controlled substance applicable to a listed chemical; and (2) set penalties of a fine and ten years' imprisonment for manufacturing, possessing with intent to distribute, or distributing a listed chemical in violation of such prohibitions.
Title II - Provisions to Control the Manufacture of Methamphetamine
Amends the Controlled Substances Act (CSA) to: (1) include chemicals within the scope of provisions regarding penalties for simple possession; and (2) prohibit knowingly or intentionally possessing a list I chemical obtained pursuant to or under authority of a registration that has expired or that has been revoked or suspended or if the registrant has ceased to do business in the manner contemplated by such registration. Amends the CSA and the Tariff Act of 1930 to permit the seizure and forfeiture of list I chemicals involved in illegal trafficking.
Section 202 -
Directs: (1) the Attorney General to study and report to the Congress on measures to prevent the diversion of agents used in methamphetamine production; and (2) the United States Sentencing Commission (the Commission) to amend the sentencing guidelines to ensure that the manufacture of methamphetamine in violation of the CSA is adequately punished.
Section 203 -
Amends the CSA to increase penalties for the manufacture and possession of equipment used to make controlled substances.
Section 204 -
Adds iodine and hydrochloric gas to list II chemicals, but excludes iodine from specified requirements for listed chemicals under the CSIEA.
Section 205 -
Prohibits distributing a laboratory supply to a person who uses it to manufacture a controlled substance or a listed chemical in violation of the CSA with reckless disregard for the illegal uses to which such supply will be put. Sets civil penalties for businesses that violate such provision.
Section 206 -
Amends the CSA to enjoin anyone convicted of specified felony violations relating to the manufacture and exportation of a listed chemical from engaging in a transaction involving a listed chemical for up to ten years. (Current law covers only "receipt, distribution, or importation" of a listed chemical and bars violators from engaging in such a "regulated" transaction for that period.) Authorizes the Attorney General to commence a civil action for appropriate declaratory or injunctive relief, subject to specified requirements.
Section 207 -
Authorizes the court, when sentencing a defendant convicted of specified CSA offenses involving the manufacture of methamphetamine, to order restitution and reimbursement by the defendant for costs incurred by the United States for the associated cleanup.
Section 208 -
Modifies the CSA to require each regulated person to keep a record of each regulated transaction involving a listed chemical, a tableting machine, or an encapsulating machine for two years.
Section 210 -
Declares to be null and void the final rule concerning removal of the exemption for certain pseudoephedrine products marketed under the Federal Food, Drug, and Cosmetic Act published in the Federal Register on August 7, 1996.
Title III - Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors
Amends the CSA and the CSIEA to increase penalties for trafficking in methamphetamine and list I chemicals.
Section 303 -
Directs the Commission to determine whether the sentencing guidelines adequately punish specified offenses relating to the handling of hazardous waste and related issues under the Solid Waste Disposal Act, the Comprehensive Environmental Response, Compensation, and Liability Act, the Federal Water Pollution Control Act, and Federal transportation provisions, and, if not, to promulgate or amend existing guidelines to enhance the punishment for a defendant convicted of such offense.
Title IV - Legal Manufacture, Distribution, and Sale of Precursor Chemicals
Amends the CSA to provide for the regulation of pseudoephedrine and phenylpropanolamine, subject to specified limitations. Specifies that any sale of: (1) ordinary over-the-counter pseudoephedrine, phenylpropanolamine, or combination ephedrine products by retail distributors shall not be a regulated transaction, with exceptions; and (2) other products containing such products by retail distributors shall not be a regulated transaction if the distributor's sales are limited to less than the threshold quantity of 24 grams of pseudoephedrine, phenylpropanolamine, or ephedrine in a single transaction. Directs the Attorney General to reinstate an exemption with respect to a particular ephedrine, pseudoephedrine, or phenylpropanolamine drug product upon determining that such product is manufactured and distributed in a manner that prevents diversion, subject to specified requirements. Authorizes the Attorney General to establish single-transaction limits of 24 grams of pseudoephedrine, phenylpropanolamine, and ephedrine base for retail distributors, subject to specified conditions. Sets penalties for violations.
Section 402 -
Requires each regulated person who engages in a transaction with a non-regulated person which involves ephedrine, pseudoephedrine, or phenylpropanolamine (including drug products containing these chemicals) and which uses or attempts to use the Postal Service or any private or commercial carrier, to submit monthly reports of such transactions to the Attorney General.
Title V - Education and Research
Establishes a Methamphetamine Interagency Task Force.
Section 502 -
Directs the Secretary of Health and Human Services to develop a public health monitoring program to monitor methamphetamine abuse in the United States.
Section 503 -
Requires the Attorney General to: (1) establish an advisory panel consisting of an appropriate number of representatives from Federal, State, and local law enforcement and regulatory agencies with experience in investigating and prosecuting illegal transactions of precursor chemicals; (2) continue specified current efforts; and (3) establish a Suspicious Orders Task Force.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

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