Page:United States Statutes at Large Volume 110 Part 5.djvu/32

 110 STAT. 3106 PUBLIC LAW 104-237—OCT. 3, 1996 to increase by at least two levels the offense level for offenses involving list I chemicals under— (A) section 401(d)(1) and (2) of the Controlled Substances Act (21 U.S.C 841(d)(1) and (2)); and (B) section 1010(d)(1) and (3) of the Controlled Substance Import and Export Act (21 U.S.C. 960(d)(1) and (3)). (2) REQUIREMENT.—In carrying out this subsection, the Commission shall ensure that the offense levels for offenses referred to in paragraph (1) are calculated proportionally on the basis of the quantity of controlled substance that reasonably could have been manufactured in a clandestine setting using the quantity of the list I chemical possessed, distributed, imported, or exported. 28 USC 994 note. SEC. 303. ENHANCED PENALTY FOR DANGEROUS HANDLING OF CON- TROLLED SUBSTANCES: AMENDMENT OF SENTENCING GUIDELINES. (a) IN GENERAL. —Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall determine whether the Sentencing Guidelines adequately punish the offenses described in subsection (b) and, if not, promulgate guidelines or amend existing guidelines to provide an appropriate enhancement of the punishment for a defendant convicted of such an offense. (b) OFFENSE. —The offense referred to in subsection (a) is a violation of section 401(d), 401(g)(1), 403(a)(6), or 403(a)(7) of the Controlled Substances Act (21 U.S.C. 841(d), 841(g)(1), 843(a)(6), and 843(a)(7)), in cases in which in the commission of the offense the defendsuit violated— (1) subsection (d) or (e) of section 3008 of the Solid Waste Disposal Act (relating to handling hazardous waste in a manner inconsistent with Federal or applicable State law); (2) section 103(b) of the Comprehensive Environmental Response, Compensation and Liability Act (relating to failure to notify as to the release of a reportable quantity of a hazardous substance into the environment); (3) section 301(a), 307(d), 309(c)(2), 309(c)(3), 311(b)(3), or 311(b)(5) of the Federal Water Pollution Control Act (relating to the unlawful discharge of pollutants or hazardous substances, the operation of a source in violation of a pretreatment standsurd, and the failure to notify as to the release of a reportable quantity of a hazardous substance into the water); or (4) section 5124 of title 49, United States Code (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). TITLE IV—LEGAL MANUFACTURE, DIS- TRIBUTION, AND SALE OF PRECUR- SOR CHEMICALS SEC. 401. DIVERSION OF CERTAIN PRECURSOR CHEMICALS. (a) IN GENERAL.—Section 102(39) of the Controlled Substances Act (21 U.S.C. 802(39)) is amended—

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