Section 1 Short title
This Act may be cited as the “Preventing Rogue Equipment for Synthetic Substances Act” or the “PRESS Act”.
Preventing Rogue Equipment for Synthetic Substances Act
A BILL
To amend the Controlled Substances Act to prevent the importation of illicit pill press machines with the intent to counterfeit substances, and for other purposes.
Sec. 2 Providing for extraterritorial jurisdiction
Possession, manufacture, or distribution for purposes of unlawful importation— Section 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 959) is amended—
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
by inserting after subsection (b) the following:
“(c) It shall be unlawful for any person to manufacture or distribute a tableting machine, encapsulating machine, press punch, die system, gelatin capsule, or any equipment, chemical, product, or material—
“(1) intending or knowing that it will be used to manufacture a controlled substance or listed chemical; and
“(2) intending, knowing, or having reasonable cause to believe that the controlled substance or listed chemical will be unlawfully imported into the United States.”
in subsection (d), as so redesignated—
in paragraph (1), by striking “or” at the end;
in paragraph (2), by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(3) manufacture or distribute a tableting machine, encapsulating machine, press punch, die system, gelatin capsule, or any equipment, chemical, product, or material—
“(A) intending or knowing that it will be used to manufacture a controlled substance or listed chemical; and
“(B) intending, knowing, or having reasonable cause to believe that the controlled substance or listed chemical will be unlawfully imported into the United States.”
Prohibited acts— Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended—
in subsection (d)—
in paragraph (6), by striking “or” at the end;
in paragraph (7)—
by striking “section 959 of this title” and inserting “section 1009”; and
by striking the period at the end and inserting “; or”;
by inserting after paragraph (7) the following:
“(8) manufactures or distributes a tableting machine, encapsulating machine, press punch, die system, gelatin capsule, or any equipment, chemical, product, or material in violation of subsection (c) of section 1009,”
in the matter following paragraph (8), as added by subparagraph (C) of this paragraph, by striking “shall be fined” and all that follows through “or both” and inserting the following: “shall be fined in accordance with title 18, United States Code, imprisoned for the applicable period described in subsection (e), or both”; and
by adding at the end the following:
“(e) The applicable period described in this subsection is as follows:
“(1) In the case of a violation of paragraph (1) or (3) of subsection (d) involving a list I chemical, not more than 20 years.
“(2) Subject to paragraph (4), in the case of a violation of paragraph (7) of subsection (d), not more than 10 years.
“(3) Subject to paragraph (4), in the case of a violation of paragraph (8) of subsection (d), not more than 8 years.
“(4) In the case of a violation of paragraph (7) or (8) of subsection (d) that involves more than 1,000 kilograms of a chemical or product or more than 100 machines that are tableting machines or encapsulating machines, not more than 15 years.
“(5) In the case of a violation of subsection (d) other than a violation of paragraph (1), (3), (7), or (8) of such subsection, not more than 10 years.”
United States Sentencing Commission— Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements of the Commission, as appropriate, in accordance with this Act and the amendments made by this Act.