To impose enhanced penalties for certain drug offense that take place on Federal property.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2270 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2270

 To impose enhanced penalties for certain drug offense that take place 
                          on Federal property.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2013

Mr. Nunes (for himself and Mr. Valadao) 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 impose enhanced penalties for certain drug offense that take place 
                          on Federal property.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CULTIVATING OR MANUFACTURING CONTROLLED SUBSTANCES ON 
              FEDERAL PROPERTY.

    Section 401(b)(5) of the Controlled Substances Act (21 U.S.C. 
841(b)(5)) is amended by striking ``as provided in this subsection'' 
and inserting ``for not more than 10 years, in addition to any other 
term of imprisonment imposed under this subsection,''.

SEC. 2. USE OF HAZARDOUS SUBSTANCES.

    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall amend the 
Federal Sentencing Guidelines and policy statements to ensure that the 
guidelines provide an additional penalty increase of 2 offense levels 
above the sentence otherwise applicable for a violation of section 
401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if the 
offense--
            (1) includes the use of a poison, chemical, or other 
        hazardous substance to cultivate or manufacture controlled 
        substances on Federal property;
            (2) creates a hazard to humans, wildlife, or domestic 
        animals;
            (3) degrades or harms the environment or natural resources; 
        or
            (4) pollutes an aquifer, spring, stream, river, or body of 
        water.

SEC. 3. STREAM DIVERSION OR CLEAR CUTTING ON FEDERAL PROPERTY.

    (a) Prohibition on Stream Diversion or Clear Cutting on Federal 
Property.--Section 401(b) of the Controlled Substances Act is amended 
by adding at the end the following:
            ``(8) Destruction of bodies of water.--Any person who 
        violates subsection (a) in a manner that diverts, redirects, 
        obstructs, or drains an aquifer, spring, stream, river, or body 
        of water or clear cuts timber while cultivating or 
        manufacturing a controlled substance on Federal property shall 
        be fined in accordance with title 18, United States Code.''.
    (b) Federal Sentencing Guidelines Enhancement.--Pursuant to its 
authority under section 994 of title 28, United States Code, the United 
States Sentencing Commission shall amend the Federal Sentencing 
Guidelines and policy statements to ensure that the guidelines provide 
an additional penalty increase of 2 offense levels for above the 
sentence otherwise applicable for a violation of section 401(a) of the 
Controlled Substances Act (21 U.S.C. 841(a)) if the offense involves 
the diversion, redirection, obstruction, or draining of an aquifer, 
spring, stream, river, or body of water or the clear cut of timber 
while cultivating or manufacturing a controlled substance on Federal 
property.

SEC. 4. BOOBY TRAPS ON FEDERAL LAND.

    Section 401(d)(1) of the Controlled Substances Act (21 U.S.C. 
841(d)(1)) is amended by inserting ``cultivated,'' after ``is being''.

SEC. 5. USE OR POSSESSION OF FIREARMS IN CONNECTION WITH DRUG OFFENSES 
              ON FEDERAL LANDS.

    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall amend the 
Federal Sentencing Guidelines and policy statements to ensure that the 
guidelines provide an additional penalty increase of 2 offense levels 
above the sentence otherwise applicable for a violation of section 
401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if the 
offense involves the possession of a firearm while cultivating or 
manufacturing controlled substances on Federal lands.
                                 <all>