H.R. 2270

To impose enhanced penalties for certain drug offense that take place on Federal property.

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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.

1.

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,.

2.

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—

(1)

includes the use of a poison, chemical, or other hazardous substance to cultivate or manufacture controlled substances on Federal property;

(2)

creates a hazard to humans, wildlife, or domestic animals;

(3)

degrades or harms the environment or natural resources; or

(4)

pollutes an aquifer, spring, stream, river, or body of water.

3.

Stream diversion or clear cutting on Federal property

(a)

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:

(8)

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.

.

(b)

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.

4.

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.

5.

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.