Pub. L. 106-310, div. B, tit. XXXVI, subtit. A, pt. I, sec. 3613
MANDATORY RESTITUTION FOR VIOLATIONS OF CONTROLLED SUBSTANCES ACT AND CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT RELATING TO AMPHETAMINE AND METHAMPHETAMINE.
SEC. 3613. MANDATORY RESTITUTION FOR VIOLATIONS OF CONTROLLED SUBSTANCES ACT AND CONTROLLED SUBSTANCES 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 114 STAT. 1230 (B) by inserting “or the State or local government concerned, as the case may be,” after “United States” the second place it appears; and (4) in paragraph (3), by striking “section 3663 of title 18, United States Code” and inserting “section 3663A of title 18, United States Code”. (b) Deposit of Amounts in Department of Justice Assets Forfeiture Fund.—Section 524(c)(4) of title 28, United States Code, is amended— (1) by striking “and” at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting “; and”; and (3) by adding at the end the following: “(D) all amounts collected— “(i) by the United States pursuant to a reimbursement order under paragraph (2) of section 413(q) of the Controlled Substances Act (21 U.S.C. 853(q)); and “(ii) pursuant to a restitution order under paragraph (1) or (3) of section 413(q) of the Controlled Substances Act for injuries to the United States.”. (c) Clarification of Certain Orders of Restitution.—Section 3663(c)(2)(B) of title 18, United States Code, is amended by inserting “which may be” after “the fine”. (d) Expansion of Applicability of Mandatory Restitution.—Section 3663A(c)(1)(A)(ii) of title 18, United States Code, is amended by inserting “or under section 416(a) of the Controlled Substances Act (21 U.S.C. 856(a)),” after “under this title,”. (e) Treatment of Illicit Substance Manufacturing Operations as Crimes Against Property.—Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended by adding at the end the following new subsection: “(c) A violation of subsection (a) shall be considered an offense against property for purposes of section 3663A(c)(1)(A)(ii) of title 18, United States Code.”.