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11 Legislative History of the Energy Policy Act of 1992 Public Law 102-486 S10813 (1992)

handle is hein.leghis/leneplu0011 and id is 1 raw text is: July 29, 1992 C (2) in subsection (oX1) by striking regular supplier and Inserting regular importer. SEC. 8. ADMINISRATIVE INPDCTIONS AND AU. Taoarry. Section 810 of the Controlled Substances Act (21 U.S.C. 880) is amended- (1) by amending subsection (&X2) to read as follows: (2) places, including factories, ware- houses, and other establishments, and con- veyances, where persons registered under section 303 (or exempt from registration under section 802(d) or by regulation of the Attorney General) or regulated persona may lawfully hold, manufacture, distribute, dis- pense, administer, or otherwise dispose of controlled substances or listed chemicals or where records relating to those activities are maintained.; and (2) in subsection (bX3)- (A) in subparagraph (B) by inserting , list- ed chemicals, after unfinished drugs; and (B) in subparagraph (C) by inserting or listed chemical after controlled sub- stance and Inserting or chemical after such substance. SEC. 10. TERESHOID AMOUNTS Section 102(30XA) of the Controlled Sub- stances Act (21 U.S.C. 802(39XA)), as amended by section 2, is amended by Inserting of a listed chemical, or if the Attorney General establishes a threshold amount for a specific listed chemical, before a threshold amount, including a cumulative threshold amount for multiple transactions. SEC. IL MANAGEMENT OF LIRIED CHEMICALA (a) IN GENERAL.-Fart 0 of the Controlled Substances Act (21 U.S.C. 821 et seq.) is amended by adding at the end the following new seotion: MANAGEMENT OF LISTED CHEMICALS SEC. 311. (a) OFFrNea.-It Is unlawful for a person who possesses a listed chemical with the intent that it be used in the illegal man- ufacture of a controlled substance to manage the listed chemical or waste from the manu- facture of a controlled substance otherwise than as required by regulations issued under sections 3001, 8002, 800, 3004. and 3005 of the Solid Waste Disposal Act (42 U.S.C. 6921, 6922, 6923, 6924, and 6925). (b) ENRANCED PENALTY.-(1) In addition to a penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandes- tine laboratory, a person who violates sub- section (a) shall be assessed the costs de- scribed in paragraph (2) and shall be impris- oned as described in paragraph (3). (2) Pursuant to paragraph (1) a defendant shall be assessed the following costs to the United States, a State, or another authority or person that undertakes to correct the re- sults of the improper management-of a listed chemical: (A) The cost of initial cleanup and dis- posal of the listed chemical and contami- nated property. (B) The cost of restoring property that is damaged by exposure to a listed chemical for rehabilitation under Federal, State, and local standards. (3)(A) A violation of subsection (a) aball be punished as a class D felony, or in the case of a willful violation, as a class 0 fel- ony. (B) It is the sense of the Congress that guidelines Issued by the Sentencing Commis- sion regarding sentencing under this para- graph should recommend that the term of imprisonment for a violation of subsection (a) should not be less than 5 years, nor less than 10 years in the case of a willful vio- lation. (4) A court may order that all or a portion of the earnings from work performed by a de- )NGRESSIONAL RECORD - SENATE fondant in prison be withheld for payment of costs assessed under paragraph (2). (c) Usa or FoR'zrran AsaTS.-The At- torney General may direct that assets for- feited under section 511 in connection with a prosecution under this section be shared with State agencies that participated in the seizure or cleaning up of a contaminated site.. (b) EXCEPON TO DISCHARGE IN BANK- RUPrCY.-doction 523(a) of title 11, United States Code, is amended- (1) by striking or at the end of paragraph (11); (2) by striking the period at the end of paragraph (12) and inserting ; or; and (3) by adding at the end the following new paragraph* (13) for costs assessed under section 311(b) of the Controlled Substances Act. SM. Is. oRsrTURE EEPANSION. Section 611(a) of the Controlled Substances Act (21 U.S.C. 881(a)) is amended- (1) in paragraph (6) by inserting or listed chemical after controlled substance; and (2) in paragraph (9) by striking a felony provision of'. SEC. 18. ATIORNET GENERAL ACCESS TO THE NATIONAL PRACLIONER DATA BAN. Part B of the Health Care Quality Improve- ment Act of 1986 (42 U.S.O. 11131 et seq.) is amended by adding at the end the following new section: *WC. 43 DISCLOSURE OF INFORMATION TO THE ATIORNET GENERAL Information respecting physicians or other licensed health care practitioners re- ported to the Secretary (or to the agency designated under section 424(b)) under this part or section 1921 of the Social Security Act (42 U.S.C. 1396r-2) shall be provided to the Attorney General. The Secretary shall- (1) transmit to the Attorney General such information as the Attorney General may designate or request to assist the Drug En- forcement Administration in the enicrce- ment of the Controlled Substances Act (21 U.S.C. 801 et seq.) and other laws enforced by the Drug Enforcement Administration; ar - (2) transmit such information related to health care providers as the Attorney Gen- eral may designate or request to assist the Federal Bureau of Investigation in the en- forcement of title 18, the Act entitled 'An Act to regulate the practice of pharmacy and the sale of poison in the consular disjricts of the United States in China', approved March 3, 1915 (21 U.S.C. 201 St seq.), and chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.).. SEC. 14. REGULATIONS AND EFFECTIVE DATE. (a) REGULATIONs.-The Attorney General shall, not later than 90. days after the date of enactment of this Act, issue regulations nec- essary to carry out this Act. (b) EFracTIVE DAT.-This. Act and the amendments made by this Act shall become effective on the date that is 120 days after the date of enactment of this Act. Mr. GORTON. I note, Mr. President, the presence on the floor of the distin- guished Senator from Hawaii (Mr. AKAKA], who almost from the begin- ning has worked with me on this legis- lation, and whose encouragement and advice and support have been greatly appreciated. I am sure he wishes to make remarks on the same subject. The PRESIDING OFFICER. The Sen- ator from Hawaii, Mr. AxAEA, is rec- ognized. Mr. AKAKA. Mr. President, I am de- lighted to join with my colleague from Washington, Senator GoRTON, as an S 10813 original cosponsor of his bill which di- rectly attacks the increased use in crystal methamphetamine by control- ling the diversion of chemicals to the illegal drug trade. In addition to reducing the diversion of chemicals to the production of illicit drugs, Senator GORTON'S bill would also add additional chemicals to the list of registered precursor chemicals; provide greater flexibility to law enforcement agencies in the application of regu- latory controls on the legitimate inter- national commerce in these chemicals; and impose penalties for environ- mental damage associated with Ulegal drug production. This measure is nearly Identical to that which was adopted in the omnibus crime bill. Although there continues to be steadfast opposition to that bill from the White House, it is imperative that we move ahead with this measure so that we may stem the flow of legal- ized chemicals to the illegal drug trade. This action is consistent with my own legislative efforts to control the diversion of chemicals to the Illegal drug trade, particularly as they relate to the production of crystal meth- amphetamine. I was successful in add- ing tougher sentencing guidelines for offenses involving crystal meth during the debate over the Crime Control Act of 1990. My colleagues are well aware of the problems facing Hawaii and the rest of the United States from the threat of crystal methamphetamine-or ice as it is known on the street. The 60th State remains an important port of call for shipments of the drug produced in Asia. If we are able to control the flow of chemicals used to make ice, as this bill hopes tc do, we stand a good chance of stopping the ice epidemic in its tracks. I wish to commend Senator GoRToN for his leadership In this matter. A comprehensive, Federal approach to precursor chemicals is badly needed to supplement local and State laws and regulations against the illegal diver- sion of such chemicals to the drug trade. I especially want to praise him for identifying the environmental con- sequences of illegal drug production and trade as an Important issue in the drug war. By making drug pushers and producers financially as well as crimi- nally liable for the environmental damage they may cause, this bill serves. as a deterrent to such activity. At the very least, we may get drug pushers and manufacturers to pay for the cost of cleaning up the damage they do to our environment. Mr. President, the impact of illegal drugs on the environment is an issue that we have only begun to explore. We can document the physical and psycho- logical harm caused by drugs, but we are far less knowledgeable as to how our environment is polluted by the manufacturing of these drugs.