Solutions to Limit the Abuse of Methamphetamine (SLAM) Act - Amends the Controlled Substances Act (CSA) to lower the threshold for amounts of methamphetamine the manufacture, distribution, dispensation, possession, importation, or exportation of which is subject to specified penalties.
Increases: (1) the prison sentence of persons convicted under CSA or the Controlled Substances Import and Export Act for offenses involving methamphetamine or listed chemicals while in a facilitated entry program; and (2) penalties for various offenses involving listed chemicals and the manufacturing of controlled substances, including maintaining drug-involved premises.
Prohibits sexual abuse, sexual exploitation, and coercive prostitution while illegally manufacturing, distributing, dispensing, possessing, or transporting a controlled substance.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require a state, to be eligible for justice system improvement grant funds for residential substance abuse treatment for state prisoners, to implement both periodic and random substance abuse testing and to require, as a condition of participation, that such testing indicate that the individual has not used a controlled substance for at least three months prior to testing. Amends the federal criminal code to direct that substance abuse treatment include urinalysis or other proven reliable forms of testing, including both periodic and random testing before entering, and while the prisoner participates in, the program.
Directs the Attorney General: (1) acting through the Administrator of the Drug Enforcement Administration, to provide information to retailers regarding the purchase of precursor products by individuals who may intend to use them in illicit methamphetamine production; and (2) to designate such program as the MethWatch program.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3513 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3513
To provide for enhanced Federal penalties for production, distribution,
trafficking, and possession of methamphetamine, listed chemicals, and
other controlled substances, and for other offenses related to such
production, distribution, trafficking, and possession; and to provide
for enhanced residential substance abuse treatment programs for State
and Federal prisoners.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2005
Mr. Kennedy of Minnesota (for himself and Ms. Hooley) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Energy and Commerce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for enhanced Federal penalties for production, distribution,
trafficking, and possession of methamphetamine, listed chemicals, and
other controlled substances, and for other offenses related to such
production, distribution, trafficking, and possession; and to provide
for enhanced residential substance abuse treatment programs for State
and Federal prisoners.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Solutions to Limit
the Abuse of Methamphetamine (SLAM) Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Enhanced penalties for methamphetamine production, possession,
or trafficking.
Sec. 3. Enhanced penalties for offenses involving listed chemicals.
Sec. 4. Offenses associated with manufacturing controlled substances.
Sec. 5. Enhanced residential substance abuse treatment programs for
State and Federal prisoners.
Sec. 6. METHWATCH program; information for persons selling at retail.
SEC. 2. ENHANCED PENALTIES FOR METHAMPHETAMINE PRODUCTION, POSSESSION,
OR TRAFFICKING.
(a) Manufacture, Distribution, Dispensation, or Certain Possession
of Methamphetamine.--Section 401 of the Controlled Substances Act (21
U.S.C. 841) is amended--
(1) in subsection (b)(1)(A)(viii)--
(A) by striking ``50 grams'' and inserting ``10
grams''; and
(B) by striking ``500 grams'' and inserting ``100
grams''; and
(2) in subsection (b)(1)(B)(viii)--
(A) by striking ``5 grams'' and inserting ``3
grams''; and
(B) by striking ``50 grams'' and inserting ``30
grams''.
(b) Importation or Exportation of Methamphetamine.--Section 1010 of
the Controlled Substances Import and Export Act (21 U.S.C. 960) is
amended--
(1) in subsection (b)(1)(H)--
(A) by striking ``50 grams'' and inserting ``10
grams''; and
(B) by striking ``500 grams'' and inserting ``100
grams''; and
(2) in subsection (b)(2)(H)--
(A) by striking ``5 grams'' and inserting ``3
grams''; and
(B) by striking ``50 grams'' and inserting ``30
grams''.
(c) Smuggling Methamphetamine or Methamphetamine Precursor
Chemicals Into the United States While Using Facilitated Entry
Programs.--
(1) Enhanced prison sentence.--The sentence of imprisonment
imposed on a person convicted of an offense under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or the
Controlled Substances Import and Export Act (21 U.S.C. 951 et
seq.), involving methamphetamine or any listed chemical that is
defined in section 102(33) of the Controlled Substances Act (21
U.S.C. 802(33)), shall, if the offense is committed under the
circumstance described in paragraph (2), be increased by a
period of not less than one year and not more than 10 years.
(2) Circumstances.--For purposes of paragraph (1), the
circumstance described in this paragraph is that the offense
described in paragraph (1) was committed by a person who--
(A) was enrolled in, or who was acting on behalf of
any person or entity enrolled in, any dedicated
commuter lane, alternative or accelerated inspection
system, or other facilitated entry program administered
or approved by the Federal Government for use in
entering the United States; and
(B) committed the offense while entering the United
States, using such lane, system, or program.
(3) Permanent ineligibility.--Any person found guilty under
paragraph (1) shall be permanently and irrevocably barred from
being eligible for or using any lane, system, or program
described in paragraph (2)(A).
SEC. 3. ENHANCED PENALTIES FOR OFFENSES INVOLVING LISTED CHEMICALS.
(a) Possession of Listed Chemicals With Intent to Manufacture.--
Subsection (c) of section 401 of the Controlled Substances Act (21
U.S.C. 841(c)) is amended--
(1) by striking ``or imprisoned'' and inserting ``and
imprisoned not less than 10 years and'';
(2) by striking ``20 years'' and inserting ``30 years'';
and
(3) by striking ``, or both''.
(b) Causing Evasion of Recording Requirements.--Such subsection is
further amended--
(1) by striking ``or'' before ``not more than 10 years''
and inserting ``and not less than 3 years and''; and
(2) by striking ``, or both''.
(c) Knowing Distribution or Certain Knowing Possession of Listed
Chemicals.--Subsection (f) of section 401 of such Act (21 U.S.C.
841(f)) is amended--
(1) in paragraph (1)--
(A) by striking ``or imprisoned'' and inserting
``and imprisoned not less than 3 years and''; and
(B) by striking ``5 years, or both'' and inserting
``10 years''; and
(2) in paragraph (2)--
(A) by striking ``or imprisoned'' and inserting
``and imprisoned not less than 1 year and''; and
(B) by striking ``one year, or both'' and inserting
``5 years''.
(d) Evading Requirements for Acquiring, Creating, or Trafficking
Listed Chemicals or Chemical Mixtures.--Section 403(d) of such Act (21
U.S.C. 843(d)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Any person who violates paragraph (4)(B), (8), or (9)
of subsection (a) shall be fined under title 18, United States
Code, and sentenced to a term of imprisonment of not less than
2 years and not more than 10 years; except that if any person
commits such a violation after one or more prior convictions of
that person for violation of this section, or for a felony
under any other provision of this title or title III or other
law of the United States relating to narcotic drugs, marihuana,
or depressant or stimulant substances, has become final, such
person shall be fined under title 18, United States Code, and
sentenced to a term of imprisonment of not less than 4 years
and not more than 20 years.''.
(e) Importation of Listed Chemicals With Intent to Manufacture
Controlled Substances.--Section 1010(d) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(d)) is amended--
(1) in paragraph (7), by striking the period at the end and
inserting a comma;
(2) by striking ``title 18, imprisoned not more than 20''
and inserting ``title 18, United States Code, and imprisoned
not less than 10 years and not more than 30'';
(3) by inserting ``not less than 3 years and'' before ``not
more than 10 years''; and
(4) by striking ``, or both''.
SEC. 4. OFFENSES ASSOCIATED WITH MANUFACTURING CONTROLLED SUBSTANCES.
(a) Manufacturing Controlled Substances on Federal Property.--
Subsection (b) of section 401 of the Controlled Substances Act (21
U.S.C. 841(b)) is amended in paragraph (5) by inserting ``or
manufacturing'' after ``cultivating''.
(b) Environmental Contamination of Federal Property Because of
Methamphetamine Production.--Such subsection is further amended by
striking the period at the end of paragraph (6) and inserting ``,
except that if the violation is in any way connected with the
production of methamphetamine, such person shall be fined in accordance
with title 18, United States Code, and imprisoned for not less than 1
year and not more than 10 years.''.
(c) Enhanced Penalties for Possession of Certain Tools Used to
Manufacture Methamphetamine.--Section 403(d)(2) of such Act (21 U.S.C.
843(d)(2)) is amended--
(1) by striking ``sentenced to a term of imprisonment of
not more than 10 years, a fine under title 18, United States
Code, or both'' and inserting ``fined under title 18, United
States Code, and sentenced to a term of imprisonment of not
less than 5 years and not more than 20 years''; and
(2) by striking ``sentenced to a term of imprisonment of
not more than 20 years, a fine under title 18, United States
Code, or both'' and inserting ``fined under title 18, United
States Code, and sentenced to a term of imprisonment of not
less than 10 years and not more than 40 years''.
(d) Enhanced Penalties for Maintaining Drug-Involved Premises.--
Section 416(b) of such Act (21 U.S.C. 856(b)) is amended by striking
``a term of imprisonment of not more than 20 years or a fine of not
more than $500,000, or both'' and inserting ``a term of imprisonment of
not less than 5 years and not more than 20 years and a fine of not more
than $500,000''.
(e) Endangering Human Life While Illegally Manufacturing Controlled
Substances.--
(1) In general.--Section 417 of such Act (21 U.S.C. 858) is
amended by striking ``or imprisoned not more than 10 years, or
both'' and inserting ``and sentenced to a term of imprisonment
of not less than 10 years and not more than 40 years;''.
(2) Exception for enhanced penalties for endangering life
of minors.--Such section is further amended by inserting after
``not more than 40 years'', as inserted by paragraph (1),
``except that in the case of the creation of a substantial risk
of harm to the life of an individual less than 18 years of age,
whoever violates this section shall be fined in accordance with
title 18, United States Code, and sentenced to a term of
imprisonment of not less than 20 years and not more than life
imprisonment''.
(f) Sexual Abuse, Sexual Exploitation, or Coercive Prostitution
While Illegally Manufacturing, Distributing, Dispensing, Transporting,
or Possessing Controlled Substances.--
(1) In general.--Such Act is amended in part D by adding at
the end the following new section:
``SEC. 424. SEXUAL ABUSE, SEXUAL EXPLOITATION, OR COERCIVE PROSTITUTION
WHILE ILLEGALLY MANUFACTURING, DISTRIBUTING, DISPENSING,
POSSESSING, OR TRANSPORTING CONTROLLED SUBSTANCES.
``(a) Penalty for Certain Sexual Abuse, Sexual Exploitation, or
Coercive Prostitution.--Whoever, while manufacturing, distributing,
dispensing, or possessing a controlled substance in violation of this
title, or attempting to do so, or transporting or causing to be
transported materials (including chemicals), or attempting to do so,
commits a covered sex crime against an individual shall be fined in
accordance with title 18, United States Code, and sentenced to a term
of imprisonment of not less than 10 years and not more than 20 years;
except that in the case of a covered sex crime committed against an
individual less than 18 years of age, whoever violates this section
shall be fined in accordance with such time, and sentenced to a term of
imprisonment of not less than 25 years and not more than life
imprisonment.
``(b) Covered Sex Crime.--For purposes of subsection (a), a covered
sex crime is any of the following:
``(1) Sexual abuse.--
``(A) Causing (or attempting to cause) an
individual to engage in a sexual act by threatening or
placing that individual in fear.
``(B) Engaging (or attempting to engage) in a
sexual act with an individual if that individual is--
``(i) incapable of appraising the nature of
the conduct; or
``(ii) physically incapable of declining
participation in, or communicating
unwillingness to engage in, that sexual act.
``(2) Sexual exploitation.--Employing, using, persuading,
inducing, enticing, or coercing (or attempting to employ, use,
persuade, induce, entice, or coerce) an individual to engage
in, or assist any other individual to engage in, any sexually
explicit conduct for the purpose of producing any visual
depiction of such conduct.
``(3) Coerced prostitution.--Persuading, inducing,
enticing, or coercing (or attempting to persuade, induce,
entice, or coerce) an individual to engage in prostitution, or
in any sexual activity for which an individual may be charged
with a criminal offense.
``(4) Resultant prostitution.--Distributing or dispensing a
controlled substance to an individual who engages in
prostitution as a result or likely result of such distribution
or dispensation.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end the following new item:
``Sec. 424. Sexual abuse, sexual exploitation, or coerced prostitution
while illegally manufacturing,
distributing, dispensing, possessing, or
transporting controlled substances.''.
SEC. 5. ENHANCED RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAMS FOR
STATE AND FEDERAL PRISONERS.
(a) Enhanced Residential Substance Abuse Treatment Program for
State Prisoners.--
(1) Enhanced drug screenings requirement.--Subsection (b)
of section 1902 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ff-1(b)) is amended to read as
follows:
``(b) Substance Abuse Testing Requirement.--To be eligible to
receive funds under this part, a State must agree--
``(1) to implement or continue to require urinalysis or
other proven reliable forms of testing, including both periodic
and random testing--
``(A) of an individual before the individual enters
a residential substance abuse treatment program and
during the period in which the individual participates
in the treatment program; and
``(B) of an individual released from a residential
substance abuse treatment program if the individual
remains in the custody of the State; and
``(2) to require, as a condition of participation in the
treatment program, that such testing indicate that the
individual has not used a controlled substance for at least the
three-month period prior to the date the individual receives
such testing to enter the treatment program.''.
(2) Aftercare services requirement.--Subsection (c) of such
section is amended--
(A) in paragraph (1), by striking ``To be eligible
for a preference under this part'' and inserting ``To
be eligible to receive funds under this part''; and
(B) by amending the heading to read as follows:
``(c) Aftercare Services Requirement.--''.
(3) Priority for partnerships with community-based drug
treatment programs.--Section 1903 of such Act (42 U.S.C.
3796ff-2) is amended by adding at the end the following new
subsection:
``(e) Priority for Partnerships With Community-Based Drug Treatment
Programs.--In considering an application submitted by a State under
section 1902, the Attorney General shall give priority to an
application that involves a partnership between the State and a
community-based drug treatment program within the State.''.
(4) Residential substance abuse treatment program
redefined.--Section 901(a)(25) of such Act (42 U.S.C.
3791(a)(25)) is amended by striking ``means a course of'' and
all that follows and inserting ``means a course of individual
and group activities and treatment, lasting at least six
months, in residential treatment facilities set apart from the
general prison population.''.
(b) Enhanced Residential Substance Abuse Treatment Program for
Federal Prisoners.--
(1) Substance abuse testing requirement.--
(A) Testing required as component of program.--
Subsection (b) of section 3621 of title 18, United
States Code, is amended by adding at the end the
following new sentence: ``Such treatment shall include
urinalysis or other proven reliable forms of testing,
including both periodic and random testing, of such a
prisoner before the prisoner enters the treatment
program and during the period in which the prisoner
participates in the treatment program.''.
(B) Passage of test as condition of
participation.--Subsection (e)(5)(B) of such section is
amended--
(i) in clause (i), by striking ``and'' at
the end; and
(ii) by inserting at the end the following
new clause:
``(iii) determined by the Director of the
Bureau of Prisons, through use of urinalysis or
other proven reliable forms of testing, to have
not used a controlled substance for at least
the three-month period prior to the date the
prisoner enters residential substance abuse
treatment; and''.
(2) Residential substance abuse treatment redefined.--
Paragraph (5)(A) of such section is amended by striking ``means
a course of'' and all that follows through the semicolon at the
end of clause (ii) and inserting ``means a course of individual
and group activities and treatment, lasting at least six
months, in residential treatment facilities set apart from the
general prison population;''.
(3) Authorization of appropriations.--Paragraph (4) of such
section is amended--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) and such sums as may be necessary in
subsequent fiscal years.''.
SEC. 6. METHWATCH PROGRAM; INFORMATION FOR PERSONS SELLING AT RETAIL.
(a) In General.--The Attorney General, acting through the
Administrator of the Drug Enforcement Administration and in
consultation with the States, shall carry out a program to provide
information to retailers regarding the purchase of precursor products
by individuals who may intend to use the products in the illicit
production of methamphetamine.
(b) Certain Requirements.--The activities of the Attorney General
in carrying out the program under subsection (a) shall include the
following:
(1) Providing information to retailers on preventing the
sale of precursor products to individuals referred to in such
subsection and on preventing the theft of the products by such
individuals.
(2) Establishing a system through which retailers can
report suspicious purchases of precursor products and obtain
appropriate technical assistance. The system shall use an
Internet site (or portion thereof), or toll-free telephone
communications, or both, as determined appropriate by the
Attorney General.
(3) Encouraging retailers to place precursor products such
that customers do not have direct access to the products
(commonly known as behind the counter).
(c) Designation of Program.--The program under subsection (a) shall
be designated by the Attorney General as the MethWatch program.
(d) Definitions.--For purposes of this section:
(1) The term ``retailers'' means persons whose
registrations pursuant to section 303(h) of the Controlled
Substances Act authorize sales of ephedrine, pseudoephedrine,
or phenylpropanolamine at retail.
(2) The term ``precursor products'' means products
containing ephedrine, pseudoephedrine, or phenylpropanolamine.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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