Pub. L. 106–310, Div. B, Title XXXVI, § 3611, Oct. 17, 2000, 114 Stat. 1228, provided:
Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines in accordance with this section with respect to any offense relating to the manufacture, importation, exportation, or trafficking in amphetamine (including an attempt or conspiracy to do any of the foregoing) in violation of—
(1) the Controlled Substances Act (21 U.S.C. 801 et seq.);
(2) the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.); or
(3) the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).
In carrying out this section, the United States Sentencing Commission shall, with respect to each offense described in subsection (a) relating to amphetamine—
(1) review and amend its guidelines to provide for increased penalties such that those penalties are comparable to the base offense level for methamphetamine; and
(2) take any other action the Commission considers necessary to carry out this subsection.
In carrying out this section, the United States Sentencing Commission shall ensure that the sentencing guidelines for offenders convicted of offenses described in subsection (a) reflect the heinous nature of such offenses, the need for aggressive law enforcement action to fight such offenses, and the extreme dangers associated with unlawful activity involving amphetamines, including—
(1) the rapidly growing incidence of amphetamine abuse and the threat to public safety that such abuse poses;
(2) the high risk of amphetamine addiction;
(3) the increased risk of violence associated with amphetamine trafficking and abuse; and
(4) the recent increase in the illegal importation of amphetamine and precursor chemicals.
The United States Sentencing Commission shall promulgate amendments pursuant to this section as soon as practicable after the date of the enactment of this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100–182), as though the authority under that Act had not expired.”
Pub. L. 106–310, Div. B, Title XXXVI, § 3612, Oct. 12, 2000, 114 Stat. 1228, provided:
Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines in accordance with paragraph (2) with respect to any offense relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine in violation of—
(A) the Controlled Substances Act (21 U.S.C. 801 et seq.);
(B) the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.); or
(C) the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).
In carrying out this paragraph, the United States Sentencing Commission shall—
(A) if the offense created a substantial risk of harm to human life (other than a life described in subparagraph (B)) or the environment, increase the base offense level for the offense—
(i) by not less than 3 offense levels above the applicable level in effect on the date of the enactment of this Act; or
(ii) if the resulting base offense level after an increase under clause (i) would be less than level 27, to not less than level 27; or
(B) if the offense created a substantial risk of harm to the life of a minor or incompetent, increase the base offense level for the offense—
(i) by not less than 6 offense levels above the applicable level in effect on the date of the enactment of this Act; or
(ii) if the resulting base offense level after an increase under clause (i) would be less than level 30, to not less than level 30.
The United States Sentencing Commission shall promulgate amendments pursuant to this subsection as soon as practicable after the date of the enactment of this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100–182), as though the authority under that Act had not expired.
The amendments made pursuant to this section shall apply with respect to any offense occurring on or after the date that is 60 days after the date of the enactment of this Act.”
Pub. L. 106–310, Div. B, Title XXXVI, § 3651, Oct. 17, 2000, 1143 Stat. 1238, provided:
Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines in accordance with this section with respect to any violation of paragraph (1) or (2) of section 401(d) of the Controlled Substances Act (21 U.S.C. 841(d)) involving a list I chemical and any violation of paragraph (1) or (3) of section 1010(d) of the Controlled Substance Import and Export Act (21 U.S.C. 960(d)) involving a list I chemical.
In carrying this section, the United States Sentencing Commission shall, with respect to each offense described in subsection (a) involving ephedrine, phenylpropanolamine, or pseudoephedrine (including their salts, optical isomers, and salts of optical isomers), review and amend its guidelines to provide for increased penalties such that those penalties corresponded to the quantity of controlled substance that could reasonably have been manufactured using the quantity of ephedrine, phenylpropanolamine, or pseudoephedrine possessed or distributed.
For the purposes of the amendments made by this subsection, the quantity of controlled substance that could reasonably have been manufactured shall be determined by using a table of manufacturing conversion ratios for ephedrine, phenylpropanolamine, and pseudoephedrine, which table shall be established by the Sentencing Commission based on scientific, law enforcement, and other data the Sentencing Commission considers appropriate.
In carrying this section, the United States Sentencing Commission shall, with respect to each offense described in subsection (a) involving any list I chemical other than ephedrine, phenylpropanolamine, or pseudoephedrine, review and amend its guidelines to provide for increased penalties such that those penalties reflect the dangerous nature of such offenses, the need for aggressive law enforcement action to fight such offenses, and the extreme dangers associated with unlawful activity involving methamphetamine and amphetamine, including—
(1) the rapidly growing incidence of controlled substance manufacturing;
(2) the extreme danger inherent in manufacturing controlled substances;
(3) the threat to public safety posed by manufacturing controlled substances; and
(4) the recent increase in the importation, possession, and distribution of list I chemicals for the purpose of manufacturing controlled substances.
The United States Sentencing Commission shall promulgate amendments pursuant to this section as soon as practicable after the date of the enactment of this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100–182), as though the authority under that Act had not expired.”
Pub. L. 106–310, Div. B, Title XXXVI, § 3661, 3663, 3664, Oct. 17, 2000, 114 Stat. 1242, provided:
This subtitle may be cited as the ‘Ecstasy Anti-Proliferation Act of 2000’.
[omitted]
Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission (referred to in this section as the ‘Commission’) shall amend the Federal sentencing guidelines regarding any offense relating to the manufacture, importation, or exportation of, or trafficking in—
(1) 3,4-methylenedioxy methamphetamine;
(2) 3,4-methylenedioxy amphetamine;
(3) 3,4-methylenedioxy-N-ethylamphetamine;
(4) paramethoxymethamphetamine (PMA); or
(5) any other controlled substance, as determined by the Commission in consultation with the Attorney General, that is marketed as Ecstasy and that has either a chemical structure substantially similar to that of 3,4- methylenedioxy methamphetamine or an effect on the central nervous system substantially similar to or greater than that of 3,4-methylenedioxy methamphetamine, including an attempt or conspiracy to commit an offense described in paragraph (1), (2), (3), (4), or (5) in violation of the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. 1901 et seq.).
In carrying out this section, the Commission shall, with respect to each offense described in subsection (a)—
(1) review and amend the Federal sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of these offenses and the need to deter them; and
(2) take any other action the Commission considers to be necessary to carry out this section.
In carrying out this section, the Commission shall ensure that the Federal sentencing guidelines for offenders convicted of offenses described in subsection (a) reflect—
(1) the need for aggressive law enforcement action with respect to offenses involving the controlled substances described in subsection (a); and
(2) the dangers associated with unlawful activity involving such substances, including—
(A) the rapidly growing incidence of abuse of the controlled substances described in subsection (a) and the threat to public safety that such abuse poses;
(B) the recent increase in the illegal importation of the controlled substances described in subsection (a);
(C) the young age at which children are beginning to use the controlled substances described in subsection (a);
(D) the fact that the controlled substances described in subsection (a) are frequently marketed to youth;
(E) the large number of doses per gram of the controlled substances described in subsection (a); and
(F) any other factor that the Commission determines to be appropriate.
It is the sense of the Congress that—
(1) the base offense levels for Ecstasy are too low, particularly for high-level traffickers, and should be increased, such that they are comparable to penalties for other drugs of abuse; and
(2) based on the fact that importation of Ecstasy has surged in the past few years, the traffickers are targeting the Nation’s youth, and the use of Ecstasy among youth in the United States is increasing even as other drug use among this population appears to be leveling off, the base offense levels for importing and trafficking the controlled substances described in subsection (a) should be increased.
Not later than 60 days after the amendments pursuant to this section have been promulgated, the Commission shall—
(1) prepare a report describing the factors and information considered by the Commission in promulgating amendments pursuant to this section; and
(2) submit the report to—
(A) the Committee on the Judiciary, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate; and
(B) the Committee on the Judiciary, the Committee on Commerce, and the Committee on Appropriations of the House of Representatives.
The United States Sentencing Commission shall promulgate amendments under this subtitle as soon as practicable after the date of the enactment of this Act [Oct. 17, 2000] in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100–182) [28 U.S.C. 994 note], as though the authority under that Act had not expired.”
* * *