I
113th CONGRESS
1st Session
H. R. 2270
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.
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,
.
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—
includes the use of a poison, chemical, or other hazardous substance to cultivate or manufacture controlled substances on Federal property;
creates a hazard to humans, wildlife, or domestic animals;
degrades or harms the environment or natural resources; or
pollutes an aquifer, spring, stream, river, or body of water.
Stream diversion or clear cutting on Federal property
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:
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.
.
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.
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
.
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.