110 STAT. 3102 PUBLIC LAW 104-237—OCT. 3, 1996 ant to the study conducted under subsection (a) on the need for and advisabiHty of preventive measures. (c) CONSIDERATIONS. — In developing recommendations under subsection (b), the Attorney General snallconsider— (1) the use of red phosphorous, iodine, hydrochloric gas, and other agents in the illegal manufacture of methamphetamine: (2) the use of red phosphorous, iodine, hydrochloric gas, and oiiier agents for legitimate, legal purposes, and the impact any regulations may have on these legitimate purposes; and (3) comments and recommendations from law enforcement, manufacturers of such chemicals, and the consumers of such chemicals for legitimate, legal purposes. SEC. 203. DECREASED PENALTIES FOR MANUFACTURE AND POSSES- SION OF EQUIPMENT USED TO MAKE CONTROLLED SUB- STANCES. (a) IN GENERAL. — Section 403(d) of the Controlled Substances Act (21 U.S.C. 843(d)) is amended— (1) by striking "(d) Any person" and inserting "(d)(1) Except as provided in paragraph (2), any person"; and (2) by adding at the end the ftmowing: "(2) Any person who, with the intent to manufacture or to facilitate the manufacture of methamphetamine, violates paragra^di (6) or (7) of subsection (a), shall be sentenced to a term oi imprisonment of not more than 10 years, a fine of not more than $30,000, or both; except that if any person commits such a violation after one or more prior convictions of that person— "(A) for a violation of paragraph (6) or (7) of subsection (a); "(B) for a felony under any other provision of this subchapter or subchapter II of this chapter; or "(C) under any other law oi the United States or any State relating to controlled substances or listed chemicals, has become fined, such person shall be sentraiced to a term of imprisonment of not more than 20 years, a fine of not more than $60,000, or both. ". 28 USC 994 note. (b) SENTENCING COMMISSION.— The United States Sentencing Commission shall amend the sentencing guidelines to ensure that the manufactiire of methamphetamine in violation of section 403(d)(2) of the Controlled Substances Act, as added by subsection (a), is treated as a significant violation. SEC. 204. ADDITION OF IODINE AND HYDROCHLORIC GAS TO LIST H. (a) IN GENERAL.— Section 102(35) of the Controlled Substances Act (21 U.S.C. 802(35)) is amended by adding at the end the following: "(I) Iodine. "(J) Hydrochloric gas.". 21 USC 971 note. (b) IMPORTATION AND EXPORTATION REQUIREMENTS. — (1) Iodine shall not be subject to the requirements for hsted chemicals provided in section 1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971). (2) EFFECT OF EXCEPTION. —The exception made by paragraph (1) shall not limit Hie authority of the Attorney General to impose the requirements for listed chemicals provided in section 1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971).
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