[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3889 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3889

      To further regulate and punish illicit conduct relating to 
                methamphetamine, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2005

 Mr. Souder (for himself, Mr. Sensenbrenner, Mr. Blunt, Mr. Coble, Mr. 
    Calvert, Mr. Larsen of Washington, Mr. Boswell, Mr. Kennedy of 
Minnesota, Mr. Cannon, Ms. Hooley, Mr. Baird, Mr. Osborne, Mr. Cardoza, 
 Mr. Case, Mr. Rogers of Alabama, Mr. Lewis of Kentucky, Mr. Burton of 
Indiana, Mr. Smith of Texas, Mr. Bachus, Mr. Peterson of Pennsylvania, 
  Mr. Boren, Ms. Herseth, Mr. Franks of Arizona, Mr. Abercrombie, Mr. 
Walden of Oregon, Mr. Reichert, Mr. Wamp, Mr. McHenry, Mr. Graves, Mr. 
    Peterson of Minnesota, Mr. Terry, Mr. Schwarz of Michigan, Miss 
  McMorris, and Ms. Granger) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
     the Committees on the Judiciary, International Relations, and 
  Transportation and Infrastructure, 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 further regulate and punish illicit conduct relating to 
                methamphetamine, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Methamphetamine 
Epidemic Elimination Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
          TITLE I--DOMESTIC REGULATION OF PRECURSOR CHEMICALS

Sec. 101. Regulated transactions in methamphetamine precursor chemical 
                            products.
Sec. 102. Authority to establish production quotas.
Sec. 103. Penalties; authority for manufacturing; quota.
Sec. 104. Restrictions on importation; authority to permit imports for 
                            medical, scientific, or other legitimate 
                            purposes.
Sec. 105. Notice of importation or exportation; approval of sale or 
                            transfer by importer or exporter.
Sec. 106. Enforcement of restrictions on importation and of requirement 
                            of notice of transfer.
       TITLE II--INTERNATIONAL REGULATION OF PRECURSOR CHEMICALS

Sec. 201. Information on foreign chain of distribution; import 
                            restrictions regarding failure of 
                            distributors to cooperate.
Sec. 202. Requirements relating to the largest exporting and importing 
                            countries of certain precursor chemicals.
Sec. 203. Prevention of smuggling of methamphetamine into the United 
                            States from Mexico.
 TITLE III--ENHANCED CRIMINAL PENALTIES FOR METHAMPHETAMINE PRODUCTION 
                            AND TRAFFICKING

Sec. 301. Enhanced penalties for methamphetamine production, 
                            possession, or trafficking.
Sec. 302. Smuggling methamphetamine or methamphetamine precursor 
                            chemicals into the united states while 
                            using facilitated entry programs.
Sec. 303. Manufacturing controlled substances on Federal property.
Sec. 304. Increased punishment for methamphetamine kingpins.
   TITLE IV--ENHANCED ENVIRONMENTAL REGULATION OF METHAMPHETAMINE BY-
                                PRODUCTS

Sec. 401. Designation of by-products of methamphetamine laboratories as 
                            hazardous materials and waste under 
                            Hazardous Materials Transportation Act and 
                            Solid Waste Disposal Act.
Sec. 402. Cleanup costs.

          TITLE I--DOMESTIC REGULATION OF PRECURSOR CHEMICALS

SEC. 101. REGULATED TRANSACTIONS IN METHAMPHETAMINE PRECURSOR CHEMICAL 
              PRODUCTS.

    (a) Reduction of Retail Sales Threshold.--Section 
102(39)(A)(iv)(II) of the Controlled Substances Act (21 U.S.C. 
802(39)(A)(iv)(II)) is amended by striking ``shall be 9 grams'' and all 
that follows and inserting the following: ``shall be any quantity of 
pseudoephedrine over 3.6 grams in a single transaction, or any quantity 
of phenylpropanolamine over 3.6 grams in a single transaction, and in 
addition shall be, in the case of such products in nonliquid form, that 
the products be packaged in blister packs, each blister containing not 
more than 2 dosage units, or where the use of blister packs is 
technically infeasible, packaged in unit dose packets or pouches.''
    (b) Elimination of Blister Pack Exemption.--
            (1) Regulated transaction.--Section 102(39)(A)(iv)(I)(aa) 
        of the Controlled Substances Act (21 U.S.C. 
        802(39)(A)(iv)(I)(aa)) is amended by striking ``, except that'' 
        and all that follows through ``1996)''.
            (2) Definition; conforming amendments.--The Controlled 
        Substances Act (21 U.S.C. 801 et seq.) is amended--
                    (A) in section 102--
                            (i) by striking paragraph (45); and
                            (ii) by redesignating paragraph (46) as 
                        paragraph (45);
                    (B) in section 204(e), by striking ``shall'' the 
                first time it appears and inserting ``may''; and
                    (C) in section 310(b)(3)(D)(ii), by striking 
                ``102(46)'' and inserting ``102(45)''.
    (c) Public Law 104-237.--Section 401 of the Comprehensive 
Methamphetamine Control Act of 1996 (21 U.S.C. 802 note) (Public Law 
104-237) is amended by striking subsections (d), (e), and (f).
    (d) Combinations Involving Derivatives.--Section 102(39) of the 
Controlled Substances Act (21 U.S.C. 802(39)) is amended--
            (1) in subparagraph (A)(iv)(I)(aa), by striking ``the drug 
        contains'' and all that follows through ``unless otherwise 
        provided'' and inserting the following: ``the drug contains 
        ephedrine, pseudoephedrine, or phenylpropanolamine unless 
        otherwise provided''; and
            (2) by inserting after and below subparagraph (B) the 
        following:
``Each reference in subparagraph (A)(iv) to ephedrine, pseudoephedrine, 
or phenylpropanolamine includes each of the salts, optical isomers, and 
salts of optical isomers of such chemical.''.

SEC. 102. AUTHORITY TO ESTABLISH PRODUCTION QUOTAS.

    Section 306 of the Controlled Substances Act (21 U.S.C. 826) is 
amended--
            (1) in subsection (a), by inserting ``and for ephedrine, 
        pseudoephedrine, and phenylpropanolamine'' after ``for each 
        basic class of controlled substance in schedules I and II'';
            (2) in subsection (b), by inserting ``or for ephedrine, 
        pseudoephedrine, or phenylpropanolamine'' after ``for each 
        basic class of controlled substance in schedule I or II'' each 
        place such term appears;
            (3) in subsection (c), in the first sentence, by inserting 
        ``and for ephedrine, pseudoephedrine, and phenylpropanolamine'' 
        after ``for the basic classes of controlled substances in 
        schedules I and II'';
            (4) in subsection (d), by inserting ``or ephedrine, 
        pseudoephedrine, or phenylpropanolamine'' after ``that basic 
        class of controlled substance'';
            (5) in subsection (e), by inserting ``or for ephedrine, 
        pseudoephedrine, or phenylpropanolamine'' after ``for a basic 
        class of controlled substance in schedule I or II'' each place 
        such term appears;
            (6) in subsection (f)--
                    (A) by inserting ``or ephedrine, pseudoephedrine, 
                or phenylpropanolamine'' after ``controlled substances 
                in schedules I and II'';
                    (B) by inserting ``or of ephedrine, 
                pseudoephedrine, or phenylpropanolamine'' after ``the 
                manufacture of a controlled substance''; and
                    (C) by inserting ``or chemicals'' after ``such 
                incidentally produced substances''; and
            (7) by adding at the end the following subsection:
    ``(g) Each reference in this section to ephedrine, pseudoephedrine, 
or phenylpropanolamine includes each of the salts, optical isomers, and 
salts of optical isomers of such chemical.''.

SEC. 103. PENALTIES; AUTHORITY FOR MANUFACTURING; QUOTA.

    Section 402(b) of the Controlled Substances Act (21 U.S.C. 842(b)) 
is amended by inserting after ``manufacture a controlled substance in 
schedule I or II'' the following: ``, or ephedrine, pseudoephedrine, or 
phenylpropanolamine or any of the salts, optical isomers, or salts of 
optical isomers of such chemical,''.

SEC. 104. RESTRICTIONS ON IMPORTATION; AUTHORITY TO PERMIT IMPORTS FOR 
              MEDICAL, SCIENTIFIC, OR OTHER LEGITIMATE PURPOSES.

    Section 1002(a) of the Controlled Substances Import and Export Act 
(21 U.S.C. 952(a)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or ephedrine, pseudoephedrine, or phenylpropanolamine,'' 
        after ``schedule III, IV, or V of title II,'';
            (2) in paragraph (1), by inserting ``, and of ephedrine, 
        pseudoephedrine, and phenylpropanolamine, '' after ``coca 
        leaves''; and
            (3) by adding at the end the following subsections:
    ``(d)(1) With respect to a registrant under section 1008 who is 
authorized under subsection (a)(1) to import ephedrine, 
pseudoephedrine, or phenylpropanolamine, at any time during the year 
the registrant may apply for an increase in the amount of such chemical 
that the registrant is authorized to import, and the Attorney General 
may approve the application if the Attorney General determines that the 
approval is necessary to provide for medical, scientific, or other 
legitimate purposes regarding the chemical.
    ``(2) With respect to the application under paragraph (1):
            ``(A) Not later than 60 days after receiving the 
        application, the Attorney General shall approve or deny the 
        application.
            ``(B) In approving the application, the Attorney General 
        shall specify the period of time for which the approval is in 
        effect, or shall provide that the approval is effective until 
        the registrant involved is notified in writing by the Attorney 
        General that the approval is terminated.
            ``(C) If the Attorney General does not approve or deny the 
        application before the expiration of the 60-day period under 
        subparagraph (A), the application is deemed to be approved, and 
        such approval remains in effect until the Attorney General 
        notifies the registrant in writing that the approval is 
        terminated.
    ``(e) Each reference in this section to ephedrine, pseudoephedrine, 
or phenylpropanolamine includes each of the salts, optical isomers, and 
salts of optical isomers of such chemical.''.

SEC. 105. NOTICE OF IMPORTATION OR EXPORTATION; APPROVAL OF SALE OR 
              TRANSFER BY IMPORTER OR EXPORTER.

    (a) In General.--Section 1018 of the Controlled Substances Import 
and Export Act (21 U.S.C. 971) is amended--
            (1) in subsection (b)(1), in the first sentence, by 
        striking ``or to an importation by a regular importer'' and 
        inserting ``or to a transaction that is an importation by a 
        regular importer'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (3) by inserting after subsection (c) the following 
        subsection:
    ``(d)(1)(A) Information provided in a notice under subsection (a) 
or (b) shall include the name of the person to whom the importer or 
exporter involved intends to transfer the listed chemical involved.
    ``(B) In the case of a notice under subsection (b) submitted by a 
regular importer, if the transferee identified in the notice is not a 
regular customer, such importer may not transfer the listed chemical 
until after the expiration of the 15-day period beginning on the date 
on which the notice is submitted to the Attorney General.
    ``(C) After a notice under subsection (a) or (b) is submitted to 
the Attorney General, if circumstances change and the importer or 
exporter will not be transferring the listed chemical to the transferee 
identified in the notice, the importer or exporter shall update the 
notice to identify the most recent prospective transferee and may not 
transfer the listed chemical until after the expiration of the 15-day 
period beginning on the date on which the update is submitted to the 
Attorney General, except that such 15-day restriction does not apply if 
the prospective transferee identified in the update is a regular 
customer. The preceding sentence applies with respect to changing 
circumstances regarding a transferee identified in an update to the 
same extent and in the same manner as such sentence applies with 
respect to changing circumstances regarding a transferee identified in 
the original notice under subsection (a) or (b).
    ``(D) In the case of a transfer of a listed chemical that is 
subject to a 15-day restriction under subparagraph (B) or (C), the 
transferee involved shall, upon the expiration of the 15-day period, be 
considered to qualify as a regular customer, unless the Attorney 
General otherwise notifies the importer or exporter involved in 
writing.
    ``(2) With respect to a transfer of a listed chemical with which a 
notice or update referred to in paragraph (1) is concerned:
            ``(A) The Attorney General, in accordance with the same 
        procedures as apply under subsection (c)(2)--
                    ``(i) may order the suspension of the transfer of 
                the listed chemical by the importer or exporter 
                involved, except for a transfer to a regular customer, 
                on the ground that the chemical may be diverted to the 
                illegal or clandestine manufacture of a controlled 
                substance, subject to the Attorney General ordering 
                such suspension before the expiration of the 15-day 
                period referred to in paragraph (1) with respect to the 
                importation or exportation (in any case in which such a 
                period applies); and
                    ``(ii) may, for purposes of clause (i) and 
                paragraph (1), disqualify a regular customer on such 
                ground.
            ``(B) From and after the time when the Attorney General 
        provides written notice of the order under subparagraph (A) 
        (including a statement of the legal and factual basis for the 
        order) to the importer or exporter, the importer or exporter 
        may not carry out the transfer.
    ``(3) For purposes of this subsection:
            ``(A) The terms `importer' and `exporter' mean a regulated 
        person who imports or exports a listed chemical, respectively.
            ``(B) The term `transfer', with respect to a listed 
        chemical, includes the sale of the chemical.
            ``(C) The term `transferee' means a person to whom an 
        importer or exporter transfers a listed chemical.''.
    (b) Conforming Amendments.--
            (1) In general.--Section 1010(d)(5) of the Controlled 
        Substances Import and Export Act (21 U.S.C. 960(d)(5)) is 
        amended by striking ``section 1018(e)(2) or (3)'' and inserting 
        ``paragraph (2) or (3) of section 1018(f)''.
            (2) Controlled substances act.--Section 310(b)(3)(D)(v) of 
        the Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(v)) is 
        amended by striking ``section 1018(e)(2)'' and inserting 
        ``section 1018(f)(2)''.

SEC. 106. ENFORCEMENT OF RESTRICTIONS ON IMPORTATION AND OF REQUIREMENT 
              OF NOTICE OF TRANSFER.

    Section 1010(d)(6) of the Controlled Substances Import and Export 
Act (21 U.S.C. 960(d)(6)) is amended to read as follows:
            ``(6) imports a listed chemical in violation of section 
        1002, imports or exports such a chemical in violation of 
        section 1007 or 1018, or transfers such a chemical in violation 
        of section 1018(d); or''.

       TITLE II--INTERNATIONAL REGULATION OF PRECURSOR CHEMICALS

SEC. 201. INFORMATION ON FOREIGN CHAIN OF DISTRIBUTION; IMPORT 
              RESTRICTIONS REGARDING FAILURE OF DISTRIBUTORS TO 
              COOPERATE.

    Section 1018 of the Controlled Substances Import and Export Act (21 
U.S.C. 971), as amended by section 105(a) of this Act, is further 
amended by adding at the end the following subsection:
    ``(g)(1) With respect to a registered person importing ephedrine, 
pseudoephedrine, or phenylpropanolamine (referred to in this section as 
an `importer'), a notice of importation under subsection (a) or (b) 
shall include all information known to the importer on the chain of 
distribution of such chemical from the manufacturer to the importer.
    ``(2) For the purpose of preventing or responding to the diversion 
of ephedrine, pseudoephedrine, or phenylpropanolamine for use in the 
illicit production of methamphetamine, the Attorney General may, in the 
case of any person who is a manufacturer or distributor of such 
chemical in the chain of distribution referred to in paragraph (1) 
(which person is referred to in this subsection as a `foreign-chain 
distributor'), request that such distributor provide to the Attorney 
General information known to the distributor on the distribution of the 
chemical, including sales.
    ``(3) If the Attorney General determines that a foreign-chain 
distributor is refusing to cooperate with the Attorney General in 
obtaining the information referred to in paragraph (2), the Attorney 
General may, in accordance with procedures that apply under subsection 
(c), issue an order prohibiting the importation of ephedrine, 
pseudoephedrine, or phenylpropanolamine in any case in which such 
distributor is part of the chain of distribution for such chemical. Not 
later than 60 days prior to issuing the order, the Attorney General 
shall publish in the Federal Register a notice of intent to issue the 
order. During such 60-day period, imports of the chemical with respect 
to such distributor may not be restricted under this paragraph.''.

SEC. 202. REQUIREMENTS RELATING TO THE LARGEST EXPORTING AND IMPORTING 
              COUNTRIES OF CERTAIN PRECURSOR CHEMICALS.

    (a) Reporting Requirements.--Section 489(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding at the 
end the following new paragraph:
            ``(8)(A) A separate section that contains the following:
                    ``(i) An identification of the five countries that 
                exported the largest amount of pseudoephedrine, 
                ephedrine, and phenylpropanolamine (including the 
                salts, optical isomers, or salts of optical isomers of 
                such chemicals, and also including any products or 
                substances containing such chemicals) during the 
                preceding calendar year.
                    ``(ii) An identification of the five countries that 
                imported the largest amount of the chemicals described 
                in clause (i) during the preceding calendar year and 
                have the highest rate of diversion of such chemicals 
                for use in the illicit production of methamphetamine 
                (either in that country or in another country).
                    ``(iii) An economic analysis of the total worldwide 
                production of the chemicals described in clause (i) as 
                compared to the legitimate demand for such chemicals 
                worldwide.
            ``(B) The identification of countries that imported the 
        largest amount of chemicals under subparagraph (A)(ii) shall be 
        based on the following:
                    ``(i) An economic analysis that estimates the 
                legitimate demand for such chemicals in such countries 
                as compared to the actual or estimated amount of such 
                chemicals that is imported into such countries.
                    ``(ii) The best available data and other 
                information regarding the production of methamphetamine 
                in such countries and the diversion of such chemicals 
                for use in the production of methamphetamine.''.
    (b) Annual Certification Procedures.--Section 490(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended--
            (1) in paragraph (1), by striking ``major illicit drug 
        producing country or major drug-transit country'' and inserting 
        ``major illicit drug producing country, major drug-transit 
        country, or country identified pursuant to clause (i) or (ii) 
        of section 489(a)(8)(A) of this Act''; and
            (2) in paragraph (2), by inserting after ``(as determined 
        under subsection (h))'' the following: ``or country identified 
        pursuant to clause (i) or (ii) of section 489(a)(8)(A) of this 
        Act''.
    (c) Conforming Amendment.--Section 706 of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1) is amended in 
paragraph (5) by adding at the end the following:
            ``(C) Nothing in this section shall affect the requirements 
        of section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2291j) with respect to countries identified pursuant to section 
        clause (i) or (ii) of 489(a)(8)(A) of the Foreign Assistance 
        Act of 1961.''.
    (d) Plan to Address Diversion of Precursor Chemicals.--In the case 
of each country identified pursuant to clause (i) or (ii) of section 
489(a)(8)(A) of the Foreign Assistance Act of 1961 (as added by 
subsection (a)) with respect to which the President has not transmitted 
to Congress a certification under section 490(b) of such Act (22 U.S.C. 
2291j(b)), the Secretary of State, in consultation with the Attorney 
General, shall, not later than 180 days after the date on which the 
President transmits the report required by section 489(a) of such Act 
(22 U.S.C. 2291h(a)), submit to Congress a comprehensive plan to 
address the diversion of the chemicals described in section 
489(a)(8)(A)(i) of such Act to the illicit production of 
methamphetamine in such country or in another country, including the 
establishment, expansion, and enhancement of regulatory, law 
enforcement, and other investigative efforts to prevent such diversion.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of State to carry out section 489(a)(8) 
of the Foreign Assistance Act of 1961 (as added by subsection (a)) 
$1,000,000 for each of the fiscal years 2006 and 2007.

SEC. 203. PREVENTION OF SMUGGLING OF METHAMPHETAMINE INTO THE UNITED 
              STATES FROM MEXICO.

    (a) In General.--The Secretary of State, acting through the 
Assistant Secretary of the Bureau for International Narcotics and Law 
Enforcement Affairs, shall take such actions as are necessary to 
prevent the smuggling of methamphetamine into the United States from 
Mexico.
    (b) Specific Actions.--In carrying out subsection (a), the 
Secretary shall--
            (1) improve bilateral efforts at the United States-Mexico 
        border to prevent the smuggling of methamphetamine into the 
        United States from Mexico;
            (2) seek to work with Mexican law enforcement authorities 
        to improve the ability of such authorities to combat the 
        production and trafficking of methamphetamine, including by 
        providing equipment and technical assistance, as appropriate; 
        and
            (3) encourage the Government of Mexico to take immediate 
        action to reduce the diversion of pseudoephedrine by drug 
        trafficking organizations for the production and trafficking of 
        methamphetamine.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to the appropriate congressional committees a report on the 
implementation of this section for the prior year.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $4,000,000 for 
each of the fiscal years 2006 and 2007.

 TITLE III--ENHANCED CRIMINAL PENALTIES FOR METHAMPHETAMINE PRODUCTION 
                            AND TRAFFICKING

SEC. 301. ENHANCED PENALTIES FOR METHAMPHETAMINE PRODUCTION, 
              POSSESSION, OR TRAFFICKING.

    (a) Manufacture, Distribution, Dispensation, or Certain Possession 
of Methamphetamine.--Section 401 of the Controlled Substances Act (21 
U.S.C. 841) is amended--
            (1) in subsection (b)(1)(A)(viii)--
                    (A) by striking ``50 grams'' and inserting ``5 
                grams''; and
                    (B) by striking ``500 grams'' and inserting ``50 
                grams''; and
            (2) in subsection (b)(1)(b)(viii)--
                    (A) by striking ``5 grams'' and inserting ``3 
                grams''; and
                    (B) by striking ``50 grams'' and inserting ``30 
                grams''.
    (b) Importation or Exportation of Methamphetamine.--Section 1010 of 
the Controlled Substances Import and Export Act (21 U.S.C. 960) is 
amended--
            (1) in subsection (b)(1)(H)--
                    (A) by striking ``50 grams'' and inserting ``5 
                grams''; and
                    (B) by striking ``500 grams'' and inserting ``50 
                grams''; and
            (2) in subsection (b)(2)(H)--
                    (A) by striking ``5 grams'' and inserting ``3 
                grams''; and
                    (B) by striking ``50 grams'' and inserting ``30 
                grams''.

SEC. 302. SMUGGLING METHAMPHETAMINE OR METHAMPHETAMINE PRECURSOR 
              CHEMICALS INTO THE UNITED STATES WHILE USING FACILITATED 
              ENTRY PROGRAMS.

    (a) Enhanced Prison Sentence.--The sentence of imprisonment imposed 
on a person convicted of an offense under the Controlled Substances Act 
(21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export 
Act (21 U.S.C. 951 et seq.), involving methamphetamine or any listed 
chemical that is defined in section 102(33) of the Controlled 
Substances Act (21 U.S.C. 802(33), shall, if the offense is committed 
under the circumstance described in subsection (b), be increased by a 
consecutive term of imprisonment of not more than 15 years.
    (b) Circumstances.--For purposes of subsection (a), the 
circumstance described in this subsection is that the offense described 
in subsection (a) was committed by a person who--
            (1) was enrolled in, or who was acting on behalf of any 
        person or entity enrolled in, any dedicated commuter lane, 
        alternative or accelerated inspection system, or other 
        facilitated entry program administered or approved by the 
        Federal Government for use in entering the United States; and
            (2) committed the offense while entering the United States, 
        using such lane, system, or program.
    (c) Permanent Ineligibility.--Any person whose term of imprisonment 
is increased under subsection (a) shall be permanently and irrevocably 
barred from being eligible for or using any lane, system, or program 
described in subsection (b)(1).

SEC. 303. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY.

    Subsection (b) of section 401 of the Controlled Substances Act (21 
U.S.C. 841(b)) is amended in paragraph (5) by inserting ``or 
manufacturing'' after ``cultivating''.

SEC. 304. INCREASED PUNISHMENT FOR METHAMPHETAMINE KINGPINS.

    Section 408 of the Controlled Substances Act (21 U.S.C. 848) is 
amended by adding at the end the following:
    ``(s) Special Provision for Methamphetamine.--For the purposes of 
subsection (b), in the case of continuing criminal enterprise involving 
methamphetamine or its salts, isomers, or salts of isomers, paragraph 
(2)(A) shall be applied by substituting `100' for `300', and paragraph 
(2)(B) shall be applied by substituting `$1,000,000' for `$10 million 
dollars'.''.

   TITLE IV--ENHANCED ENVIRONMENTAL REGULATION OF METHAMPHETAMINE BY-
                                PRODUCTS

SEC. 401. DESIGNATION OF BY-PRODUCTS OF METHAMPHETAMINE LABORATORIES AS 
              HAZARDOUS MATERIALS AND WASTE UNDER HAZARDOUS MATERIALS 
              TRANSPORTATION ACT AND SOLID WASTE DISPOSAL ACT.

    (a) Hazardous Materials Transportation Act.--The Secretary of 
Transportation, after consultation with the Attorney General, shall 
utilize the authority provided by section 5103 of title 49, United 
States Code, to designate as hazardous materials for purposes of 
chapter 51 of such title those by-products of the methamphetamine-
production process that the Secretary determines may pose an 
unreasonable risk to health and safety or property when transported in 
commerce in a particular amount and form.
    (b) Solid Waste Disposal Act.--The Administrator of the 
Environmental Protection Agency, after consultation with the Attorney 
General, shall utilize the authority provided by section 3001 of the 
Solid Waste Disposal Act (42 U.S.C. 6921) to designate as hazardous 
waste for purposes of such Act (42 U.S.C. 6901 et seq.) those by-
products of the methamphetamine-production process that the 
Administrator determines are likely to cause long-term harm to the 
environment in the event of improper disposal and inadequate 
remediation.
    (c) Time for Designation; Additional Designations.--The 
designations required by subsections (a) and (b) shall be completed not 
later than 18 months after the date of the enactment of this Act. After 
the expiration of such 18-month period, if the Secretary of 
Transportation or the Administrator of the Environmental Protection 
Agency determines that additional by-products of the methamphetamine-
production process meet the criteria for designation pursuant to 
subsection (a) or (b), respectively, then the Secretary or the 
Administrator (as the case may be), after consultation with the 
Attorney General, shall designate the by-products accordingly.

SEC. 402. CLEANUP COSTS.

    Section 413(q) of the Controlled Substances Act (21 U.S.C. 853(q)) 
is amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        the possession, or the possession with intent to distribute, '' 
        after ``manufacture''; and
            (2) in paragraph (2), by inserting ``, or on premises or in 
        property that the defendant owns, resides, or does business 
        in'' after ``by the defendant''.
                                 <all>