Page:United States Statutes at Large Volume 114 Part 2.djvu/347

 PUBLIC LAW 106-310—OCT. 17, 2000 114 STAT. 1229 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.). (2) REQUIREMENTS.— 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 thisAct;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. (3) EMERGENCY AUTHORITY TO SENTENCING COMMISSION. — 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. (b) EFFECTIVE DATE. —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. SEC. 3613. MANDATORY RESTITUTION FOR VIOLATIONS OF CON- TROLLED SUBSTANCES ACT AND CONTROLLED SUB- STANCES IMPORT AND EXPORT ACT RELATING TO AMPHETAMINE AND METHAMPHETAMINE. (a) MANDATORY RESTITUTION. — Section 413(q) of the Controlled Substances Act (21 U.S.C. 853(q)) is amended— (1) in the matter preceding paragraph (1), by striking "may" and inserting "shall"; (2) by inserting "amphetamine or" before "methamphetamine" each place it appears; (3) in paragraph (2)— (A) by inserting ", the State or local government concerned, or both the United States and the State or local government concerned" after "United States" the first place it appears; and

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