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


                                                 Union Calendar No. 167
109th CONGRESS
  1st Session
                                H. R. 3889

                  [Report No. 109-299, Parts I and II]

      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

                           November 16, 2005

      Reported from the Committee on the Judiciary with amendments
  [Omit the part struck through and insert the part printed in italic]

                           November 17, 2005

 Additional sponsors: Mr. Boozman, Ms. Foxx, Mr. Mica, Mr. Costa, Mr. 
    Smith of Washington, Mr. Aderholt, Mr. Rogers of Michigan, Mr. 
 Westmoreland, Mr. DeFazio, Mrs. Capito, Mr. Kline, Mrs. Emerson, Mr. 
 Alexander, Mr. Fitzpatrick of Pennsylvania, Mr. Otter, Mr. Carnahan, 
 Mr. Bishop of Utah, Mrs. Cubin, Mr. Chabot, Mr. Simmons, Mr. Shadegg, 
  Mrs. Wilson of New Mexico, Mr. Camp, Mr. Cooper, Mrs. Musgrave, Mr. 
 Gibbons, Mr. Tom Davis of Virginia, Mr. Ney, Mr. Istook, Mr. Filner, 
  Mr. Salazar, Mr. Sessions, Mr. Bishop of Georgia, Mr. McCotter, Mr. 
Goodlatte, Mr. Cramer, Mr. Moore of Kansas, Mr. Pickering, Ms. Pryce of 
                   Ohio, Mr. Hoekstra, and Mr. Berry

                           November 17, 2005

   Reported from the Committee on Energy and Commerce with amendments
 [Omit the part struck through in brackets and insert the part printed 
                           in boldface roman]

                           November 17, 2005

     Committees on International Relations and Transportation and 
  Infrastructure discharged; committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 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

[<DELETED>Sec. 101. Regulated transactions in methamphetamine precursor 
                            chemical products.</DELETED>]
Sec. 101. Scheduled listed chemical products; restrictions on sales 
                            quantity, behind-the-counter access, and 
                            other safeguards.
Sec. 102. Regulated transactions.
Sec. [<DELETED>102</DELETED>] 103. Authority to establish production 
                            quotas.
Sec. [<DELETED>103</DELETED>] 104. Penalties; authority for 
                            manufacturing; quota.
Sec. [<DELETED>104</DELETED>] 105. Restrictions on importation; 
                            authority to permit imports for medical, 
                            scientific, or other legitimate purposes.
Sec. [<DELETED>105</DELETED>] 106. Notice of importation or 
                            exportation; approval of sale or transfer 
                            by importer or exporter.
Sec. [<DELETED>106</DELETED>] 107. Enforcement of restrictions on 
                            importation and of requirement of notice of 
                            transfer.
Sec. 108. Coordination with United States Trade Representative.
       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

<DELETED>Sec. 301. Enhanced penalties for methamphetamine production, 
                            possession, or trafficking.
</DELETED>Sec. 301. Possession of scheduled listed chemical with intent 
                            to manufacture controlled substance.
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.
Sec. 305. New child-protection criminal enhancement.
Sec. 306. Amendment to certain sentencing court reporting requirements.
Sec. 307. Semiannual reports to congress.
   TITLE IV--ENHANCED ENVIRONMENTAL REGULATION OF METHAMPHETAMINE BY-
                                PRODUCTS

[<DELETED>Sec. 401. Designation of by-products of methamphetamine 
                            laboratories as hazardous materials and 
                            waste under Hazardous Materials 
                            Transportation Act and Solid Waste Disposal 
                            Act.</DELETED>]
Sec. 401. Biennial report to congress on agency designations of by-
                            products of methamphetamine laboratories as 
                            hazardous materials.
Sec. 402. Methamphetamine production report.
Sec. [<DELETED>402</DELETED>] 403. Cleanup costs.

              TITLE V--ADDITIONAL PROGRAMS AND ACTIVITIES

Sec. 501. Improvements to Department of Justice drug court grant 
                            program.
Sec. 502. Grants to hot spot areas to reduce availability of 
                            methamphetamine.
Sec. 503. Grants for programs for drug-endangered children.

     [<DELETED>TITLE I--DOMESTIC REGULATION OF PRECURSOR CHEMICALS

</DELETED>[<DELETED>SEC. 101. REGULATED TRANSACTIONS IN METHAMPHETAMINE 
              PRECURSOR CHEMICAL PRODUCTS.

</DELETED>    [<DELETED>(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.''
</DELETED>    [<DELETED>(b) Elimination of Blister Pack Exemption.--
        </DELETED>    [<DELETED>(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)''.
        </DELETED>    [<DELETED>(2) Definition; conforming 
        amendments.--The Controlled Substances Act (21 U.S.C. 801 et 
        seq.) is amended--
                </DELETED>    [<DELETED>(A) in section 102--
                        </DELETED>    [<DELETED>(i) by striking 
                        paragraph (45); and
                        </DELETED>    [<DELETED>(ii) by redesignating 
                        paragraph (46) as paragraph (45);
                </DELETED>    [<DELETED>(B) in section 204(e), by 
                striking ``shall'' the first time it appears and 
                inserting ``may''; and
                </DELETED>    [<DELETED>(C) in section 
                310(b)(3)(D)(ii), by striking ``102(46)'' and inserting 
                ``102(45)''.
</DELETED>    [<DELETED>(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).
</DELETED>    [<DELETED>(d) Combinations Involving Derivatives.--
Section 102(39) of the Controlled Substances Act (21 U.S.C. 802(39)) is 
amended--
        </DELETED>    [<DELETED>(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
        </DELETED>    [<DELETED>(2) by inserting after and below 
        subparagraph (B) the following:
</DELETED>[<DELETED>``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.''.

</DELETED>[<DELETED>SEC. 102. AUTHORITY TO ESTABLISH PRODUCTION QUOTAS.

</DELETED>    [<DELETED>Section 306 of the Controlled Substances Act 
(21 U.S.C. 826) is amended--
        </DELETED>    [<DELETED>(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'';
        </DELETED>    [<DELETED>(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;
        </DELETED>    [<DELETED>(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'';
        </DELETED>    [<DELETED>(4) in subsection (d), by inserting 
        ``or ephedrine, pseudoephedrine, or phenylpropanolamine'' after 
        ``that basic class of controlled substance'';
        </DELETED>    [<DELETED>(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;
        </DELETED>    [<DELETED>(6) in subsection (f)--
                </DELETED>    [<DELETED>(A) by inserting ``or 
                ephedrine, pseudoephedrine, or phenylpropanolamine'' 
                after ``controlled substances in schedules I and II'';
                </DELETED>    [<DELETED>(B) by inserting ``or of 
                ephedrine, pseudoephedrine, or phenylpropanolamine'' 
                after ``the manufacture of a controlled substance''; 
                and
                </DELETED>    [<DELETED>(C) by inserting ``or 
                chemicals'' after ``such incidentally produced 
                substances''; and
        </DELETED>    [<DELETED>(7) by adding at the end the following 
        subsection:
</DELETED>    [<DELETED>``(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.''.

</DELETED>[<DELETED>SEC. 103. PENALTIES; AUTHORITY FOR MANUFACTURING; 
              QUOTA.

</DELETED>    [<DELETED>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,''.

</DELETED>[<DELETED>SEC. 104. RESTRICTIONS ON IMPORTATION; AUTHORITY TO 
              PERMIT IMPORTS FOR MEDICAL, SCIENTIFIC, OR OTHER 
              LEGITIMATE PURPOSES.

</DELETED>    [<DELETED>Section 1002(a) of the Controlled Substances 
Import and Export Act (21 U.S.C. 952(a)) is amended--
        </DELETED>    [<DELETED>(1) in the matter preceding paragraph 
        (1), by inserting ``or ephedrine, pseudoephedrine, or 
        phenylpropanolamine,'' after ``schedule III, IV, or V of title 
        II,'';
        </DELETED>    [<DELETED>(2) in paragraph (1), by inserting ``, 
        and of ephedrine, pseudoephedrine, and phenylpropanolamine, '' 
        after ``coca leaves''; and
        </DELETED>    [<DELETED>(3) by adding at the end the following 
        subsections:
</DELETED>    [<DELETED>``(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.
</DELETED>    [<DELETED>``(2) With respect to the application under 
paragraph (1):
        </DELETED>    [<DELETED>``(A) Not later than 60 days after 
        receiving the application, the Attorney General shall approve 
        or deny the application.
        </DELETED>    [<DELETED>``(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.
        </DELETED>    [<DELETED>``(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.
</DELETED>    [<DELETED>``(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.''.

</DELETED>[<DELETED>SEC. 105. NOTICE OF IMPORTATION OR EXPORTATION; 
              APPROVAL OF SALE OR TRANSFER BY IMPORTER OR EXPORTER.

</DELETED>    [<DELETED>(a) In General.--Section 1018 of the Controlled 
Substances Import and Export Act (21 U.S.C. 971) is amended--
        </DELETED>    [<DELETED>(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'';
        </DELETED>    [<DELETED>(2) by redesignating subsections (d) 
        and (e) as subsections (e) and (f), respectively; and
        </DELETED>    [<DELETED>(3) by inserting after subsection (c) 
        the following subsection:
</DELETED>    [<DELETED>``(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.
</DELETED>    [<DELETED>``(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.
</DELETED>    [<DELETED>``(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).
</DELETED>    [<DELETED>``(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.
</DELETED>    [<DELETED>``(2) With respect to a transfer of a listed 
chemical with which a notice or update referred to in paragraph (1) is 
concerned:
        </DELETED>    [<DELETED>``(A) The Attorney General, in 
        accordance with the same procedures as apply under subsection 
        (c)(2)--
                </DELETED>    [<DELETED>``(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
                </DELETED>    [<DELETED>``(ii) may, for purposes of 
                clause (i) and paragraph (1), disqualify a regular 
                customer on such ground.
        </DELETED>    [<DELETED>``(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.
</DELETED>    [<DELETED>``(3) For purposes of this subsection:
        </DELETED>    [<DELETED>``(A) The terms `importer' and 
        `exporter' mean a regulated person who imports or exports a 
        listed chemical, respectively.
        </DELETED>    [<DELETED>``(B) The term `transfer', with respect 
        to a listed chemical, includes the sale of the chemical.
        </DELETED>    [<DELETED>``(C) The term `transferee' means a 
        person to whom an importer or exporter transfers a listed 
        chemical.''.
</DELETED>    [<DELETED>(b) Conforming Amendments.--
        </DELETED>    [<DELETED>(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)''.
        </DELETED>    [<DELETED>(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)''.

</DELETED>[<DELETED>SEC. 106. ENFORCEMENT OF RESTRICTIONS ON 
              IMPORTATION AND OF REQUIREMENT OF NOTICE OF TRANSFER.

</DELETED>    [<DELETED>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:
        </DELETED>    [<DELETED>``(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''.</DELETED>]

          TITLE I--DOMESTIC REGULATION OF PRECURSOR CHEMICALS

SEC. 101. SCHEDULED LISTED CHEMICAL PRODUCTS; RESTRICTIONS ON SALES 
              QUANTITY, BEHIND-THE-COUNTER ACCESS, AND OTHER 
              SAFEGUARDS.

    (a) Scheduled Listed Chemical Products.--
            (1) In general.--Section 102 of the Controlled Substances 
        Act (21 U.S.C. 802) is amended--
                    (A) by redesignating paragraph (46) as paragraph 
                (49); and
                    (B) by inserting after paragraph (44) the following 
                paragraphs:
    ``(45)(A) The term `scheduled listed chemical product' means, 
subject to subparagraph (B), a product that--
            ``(i) contains ephedrine, pseudoephedrine, or 
        phenylpropanolamine; and
            ``(ii) may be marketed or distributed lawfully in the 
        United States under the Federal, Food, Drug, and Cosmetic Act 
        as a nonprescription drug.
Each reference in clause (i) to ephedrine, pseudoephedrine, or 
phenylpropanolamine includes each of the salts, optical isomers, and 
salts of optical isomers of such chemical.
    ``(B) Such term does not include a product described in 
subparagraph (A) if the product contains a chemical specified in such 
subparagraph that the Attorney General has under section 201(a) added 
to any of the schedules under section 202(c). In the absence of such 
scheduling by the Attorney General, a chemical specified in such 
subparagraph may not be considered to be a controlled substance.
    ``(46) The term `regulated seller' means a retail distributor 
(including a pharmacy or a mobile retail vendor), except that such term 
does not include an employee or agent of such distributor.
    ``(47) The term `mobile retail vendor' means a person or entity 
that makes sales at retail from a stand that is intended to be 
temporary, or is capable of being moved from one location to another, 
whether the stand is located within or on the premises of a fixed 
facility (such as a kiosk at a shopping center or an airport) or 
whether the stand is located on unimproved real estate (such as a lot 
or field leased for retail purposes).
    ``(48) The term `at retail', with respect to the sale or purchase 
of a scheduled listed chemical product, means a sale or purchase for 
personal use, respectively.''.
            (2) Conforming amendments.--The Controlled Substances Act 
        (21 U.S.C. 801 et seq.) is amended--
                    (A) in section 102, in paragraph (49) (as 
                redesignated by paragraph (1)(A) of this subsection)--
                            (i) in subparagraph (A), by striking 
                        ``pseudoephedrine or'' and inserting 
                        ``ephedrine, pseudoephedrine, or''; and
                            (ii) by striking subparagraph (B) and 
                        redesignating subparagraph (C) as subparagraph 
                        (B); and
                    (B) in section 310(b)(3)(D)(ii), by striking 
                ``102(46)'' and inserting ``102(49)''.
    (b) Restrictions on Sales Quantity; Behind-the-Counter Access; 
Logbook Requirement; Training of Sales Personnel; Privacy 
Protections.--
            (1) In general.--Section 310 of the Controlled Substances 
        Act (21 U.S.C. 830) is amended by adding at the end the 
        following subsections:
    ``(d) Scheduled Listed Chemicals; Restrictions on Sales Quantity; 
Requirements Regarding Nonliquid Forms.--With respect to ephedrine 
base, pseudoephedrine base, or phenylpropanolamine base in a scheduled 
listed chemical product--
            ``(1) the quantity of such base sold at retail in such a 
        product by a regulated seller, or a distributor required to 
        submit reports by subsection (b)(3) may not, for any purchaser, 
        exceed a daily amount of 3.6 grams, without regard to the 
        number of transactions; and
            ``(2) such a seller or distributor may not sell such a 
        product in nonliquid form (including gell caps) at retail 
        unless the product is packaged in blister packs, each blister 
        containing not more than 2 dosage units, or where the use of 
        blister packs is technically infeasible, the product is 
        packaged in unit dose packets or pouches.
    ``(e) Scheduled Listed Chemicals; Behind-the-Counter Access; 
Logbook Requirement; Training of Sales Personnel; Privacy 
Protections.--
            ``(1) Requirements regarding retail transactions.--
                    ``(A) In general.--Each regulated seller shall 
                ensure that, subject to subparagraph (F), sales by such 
                seller of a scheduled listed chemical product at retail 
                are made in accordance with the following:
                            ``(i) In offering the product for sale, the 
                        seller places the product such that customers 
                        do not have direct access to the product before 
                        the sale is made (in this paragraph referred to 
                        as `behind-the-counter' placement). For 
                        purposes of this paragraph, a behind-the-
                        counter placement of a product includes 
                        circumstances in which the product is stored in 
                        a locked cabinet that is located in an area of 
                        the facility involved to which customers do 
                        have direct access.
                            ``(ii) The seller delivers the product 
                        directly into the custody of the purchaser.
                            ``(iii) The seller maintains, in accordance 
                        with criteria issued by the Attorney General, a 
                        written or electronic list of such sales that 
                        identifies the products by name, the quantity 
                        sold, the names and addresses of purchasers, 
                        and the dates and times of the sales (which 
                        list is referred to in this subsection as the 
                        `logbook'), except that such requirement does 
                        not apply to any purchase by an individual of a 
                        single sales package if that package contains 
                        not more than 60 milligrams of pseudoephedrine.
                            ``(iv) In the case of a sale to which the 
                        requirement of clause (iii) applies, the seller 
                        does not sell such a product unless--
                                    ``(I) the prospective purchaser--
                                            ``(aa) presents an 
                                        identification card that 
                                        provides a photograph and is 
                                        issued by a State or the 
                                        Federal Government, or a 
                                        document that, with respect to 
                                        identification, is considered 
                                        acceptable for purposes of 
                                        sections 274a.2(b)(1)(v)(A) and 
                                        274a.2(b)(1)(v)(B) of title 8, 
                                        Code of Federal Regulations (as 
                                        in effect on or after the date 
                                        of the enactment of the Combat 
                                        Methamphetamine Epidemic Act of 
                                        2005); and
                                            ``(bb) signs the logbook 
                                        and enters in the logbook his 
                                        or her name, address, and the 
                                        date and time of the sale; and
                                    ``(II) the seller--
                                            ``(aa) determines that the 
                                        name entered in the logbook 
                                        corresponds to the name 
                                        provided on such identification 
                                        and that the date and time 
                                        entered are correct; and
                                            ``(bb) enters in the 
                                        logbook the name of the product 
                                        and the quantity sold.
                            ``(v) The logbook includes, in accordance 
                        with criteria of the Attorney General, a notice 
                        to purchasers that entering false statements or 
                        misrepresentations in the logbook may subject 
                        the purchasers to criminal penalties under 
                        section 1001 of title 18, United States Code, 
                        which notice specifies the maximum fine and 
                        term of imprisonment under such section.
                            ``(vi) The seller maintains each entry in 
                        the logbook for not fewer than two years after 
                        the date on which the entry is made.
                            ``(vii) In the case of individuals who are 
                        responsible for delivering such products into 
                        the custody of purchasers or who deal directly 
                        with purchasers by obtaining payments for the 
                        products, the seller has submitted to the 
                        Attorney General a self-certification that all 
                        such individuals have, in accordance with 
                        criteria under subparagraph (B)(ii), undergone 
                        training provided by the seller to ensure that 
                        the individuals understand the requirements 
                        that apply under this subsection and subsection 
                        (d).
                            ``(viii) The seller maintains a copy of 
                        such certification and records demonstrating 
                        that individuals referred to in clause (vii) 
                        have undergone the training.
                            ``(ix) If the seller is a mobile retail 
                        vendor:
                                    ``(I) The seller complies with 
                                clause (i) by placing the product in a 
                                locked cabinet.
                                    ``(II) The seller does not sell 
                                more than 7.5 grams of ephedrine base, 
                                pseudoephedrine base, or 
                                phenylpropanolamine base in such 
                                products per customer during a 30-day 
                                period.
                    ``(B) Additional provisions regarding 
                certifications and training.--
                            ``(i) In general.--A regulated seller may 
                        not sell any scheduled listed chemical product 
                        at retail unless the seller has submitted to 
                        the Attorney General the self-certification 
                        referred to in subparagraph (A)(vii). The 
                        certification is not effective for purposes of 
                        the preceding sentence unless, in addition to 
                        provisions regarding the training of 
                        individuals referred to in such subparagraph, 
                        the certification includes a statement that the 
                        seller understands each of the requirements 
                        that apply under this paragraph and under 
                        subsection (d) and agrees to comply with the 
                        requirements.
                            ``(ii) Issuance of criteria; self-
                        certification.--The Attorney General shall by 
                        regulation establish criteria for 
                        certifications under this paragraph. The 
                        criteria shall--
                                    ``(I) provide that the 
                                certifications are self-certifications 
                                provided through the program under 
                                clause (iii);
                                    ``(II) provide that a separate 
                                certification is required for each 
                                place of business at which a regulated 
                                seller sells scheduled listed chemical 
                                products at retail; and
                                    ``(III) include criteria for 
                                training under subparagraph (A)(vii).
                            ``(iii) Program for regulated sellers.--The 
                        Attorney General shall establish a program 
                        regarding such certifications and training in 
                        accordance with the following:
                                    ``(I) The program shall be carried 
                                out through an Internet site of the 
                                Department of Justice and such other 
                                means as the Attorney General 
                                determines to be appropriate.
                                    ``(II) The program shall inform 
                                regulated sellers that section 1001 of 
                                title 18, United States Code, applies 
                                to such certifications.
                                    ``(III) The program shall make 
                                available to such sellers an 
                                explanation of the criteria under 
                                clause (ii).
                                    ``(IV) The program shall be 
                                designed to permit the submission of 
                                the certifications through such 
                                Internet site.
                                    ``(V) The program shall be designed 
                                to automatically provide the 
                                explanation referred to in subclause 
                                (III), and an acknowledgement that the 
                                Department has received a 
                                certification, without requiring direct 
                                interactions of regulated sellers with 
                                staff of the Department (other than the 
                                provision of technical assistance, as 
                                appropriate).
                            ``(iv) Availability of certification to 
                        state and local officials.--Promptly after 
                        receiving a certification under subparagraph 
                        (A)(vii), the Attorney General shall make 
                        available a copy of the certification to the 
                        appropriate State and local officials.
                    ``(C) Privacy protections.--In order to protect the 
                privacy of individuals who purchase scheduled listed 
                chemical products, the Attorney General shall by 
                regulation establish restrictions on disclosure of 
                information in logbooks under subparagraph (A)(iii). 
                Such regulations shall--
                            ``(i) provide for the disclosure of the 
                        information as appropriate to the Attorney 
                        General and to State and local law enforcement 
                        agencies; and
                            ``(ii) prohibit accessing, using, or 
                        sharing information in the logbooks for any 
                        purpose other than to ensure compliance with 
                        this title or to facilitate a product recall to 
                        protect public health and safety.
                    ``(D) False statements or misrepresentations by 
                purchasers.--For purposes of section 1001 of title 18, 
                United States Code, entering information in the logbook 
                under subparagraph (A)(iii) shall be considered a 
                matter within the jurisdiction of the executive, 
                legislative, or judicial branch of the Government of 
                the United States.
                    ``(E) Good faith protection.--A regulated seller 
                who in good faith releases information in a logbook 
                under subparagraph (A)(iii) to Federal, State, or local 
                law enforcement authorities is immune from civil 
                liability for such release unless the release 
                constitutes gross negligence or intentional, wanton, or 
                willful misconduct.
                    ``(F) Inapplicability of requirements to certain 
                sales.--Subparagraph (A) does not apply to the sale at 
                retail of a scheduled listed chemical product if a 
                report on the sales transaction is required to be 
                submitted to the Attorney General under subsection 
                (b)(3).
                    ``(G) Certain measures regarding theft and 
                diversion.--A regulated seller may take reasonable 
                measures to guard against employing individuals who may 
                present a risk with respect to the theft and diversion 
                of scheduled listed chemical products, which may 
                include, notwithstanding State law, asking applicants 
                for employment whether they have been convicted of any 
                crime involving or related to such products or 
                controlled substances.''.
            (2) Effective dates.--With respect to subsections (d) and 
        (e)(1) of section 310 of the Controlled Substances Act, as 
        added by paragraph (1) of this subsection:
                    (A) Such subsection (d) applies on and after the 
                expiration of the 30-day period beginning on the date 
                of the enactment of this Act.
                    (B) Such subsection (e)(1) applies on and after 
                September 30, 2006.
    (c) Mail-Order Reporting.--
            (1) In general.--Section 310(e) of the Controlled 
        Substances Act, as added by subsection (b)(1) of this section, 
        is amended by adding at the end the following:
            ``(2) Mail-order reporting; verification of identity of 
        purchaser; 30-day restriction on quantities for individual 
        purchasers.--Each regulated person who makes a sale at retail 
        of a scheduled listed chemical product and is required under 
        subsection (b)(3) to submit a report of the sales transaction 
        to the Attorney General is subject to the following:
                    ``(A) The person shall, prior to shipping the 
                product, confirm the identity of the purchaser in 
                accordance with procedures established by the Attorney 
                General. The Attorney General shall by regulation 
                establish such procedures.
                    ``(B) The person may not sell more than 7.5 grams 
                of ephedrine base, pseudoephedrine base, or 
                phenylpropanolamine base in such products per customer 
                during a 30-day period.''.
            (2) Inapplicability of reporting exemption for retail 
        distributors.--Section 310(b)(3)(D)(ii) of the Controlled 
        Substances Act (21 U.S.C. 830(b)(3)(D)(ii)) is amended by 
        inserting before the period the following: ``, except that this 
        clause does not apply to sales of scheduled listed chemical 
        products at retail''.
            (3) Effective date.--The amendments made by paragraphs (1) 
        and (2) apply on and after the expiration of the 30-day period 
        beginning on the date of the enactment of this Act.
    (d) Exemptions for Certain Products.--Section 310(e) of the 
Controlled Substances Act, as added and amended by subsections (b) and 
(c) of this section, respectively, is amended by adding at the end the 
following paragraph:
            ``(3) Exemptions for certain products.--Upon the 
        application of a manufacturer of a scheduled listed chemical 
        product, the Attorney General may by regulation provide that 
        the product is exempt from the provisions of subsection (d) and 
        paragraphs (1) and (2) of this subsection if the Attorney 
        General determines that the product cannot be used in the 
        illicit manufacture of methamphetamine.''.
    (e) Enforcement of Requirements for Retail Sales.--
            (1) Civil and criminal penalties.--
                    (A) In general.--Section 402(a) of the Controlled 
                Substances Act (21 U.S.C. 842(a)) is amended--
                            (i) in paragraph (10), by striking ``or'' 
                        after the semicolon;
                            (ii) in paragraph (11), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by inserting after paragraph (11) the 
                        following paragraphs:
            ``(12) who is a regulated seller, or a distributor required 
        to submit reports under subsection (b)(3) of section 310--
                    ``(A) to sell at retail a scheduled listed chemical 
                product in violation of paragraph (1) of subsection (d) 
                of such section, knowing at the time of the transaction 
                involved (independent of consulting the logbook under 
                subsection (e)(1)(A)(iii) of such section) that the 
                transaction is a violation; or
                    ``(B) to knowingly or recklessly sell at retail 
                such a product in violation of paragraph (2) of such 
                subsection (d);
            ``(13) who is a regulated seller to knowingly or recklessly 
        sell at retail a scheduled listed chemical product in violation 
        of subsection (e) of such section; or
            ``(14) who is a regulated seller or an employee or agent of 
        such seller to disclose, in violation of regulations under 
        subparagraph (C) of section 310(e)(1), information in logbooks 
        under subparagraph (A)(iii) of such section, or to refuse to 
        provide such a logbook to Federal, State, or local law 
        enforcement authorities.''.
                    (B) Conforming amendment.--Section 401(f)(1) of the 
                Controlled Substances Act (21 U.S.C. 841(f)(1)) is 
                amended by inserting after ``shall'' the following: ``, 
                except to the extent that paragraph (12), (13), or (14) 
                of section 402(a) applies,''.
            (2) Authority to prohibit sales by violators.--Section 
        402(c) of the Controlled Substances Act (21 U.S.C. 842(c)) is 
        amended by adding at the end the following paragraph:
    ``(4)(A) If a regulated seller, or a distributor required to submit 
reports under section 310(b)(3), violates paragraph (12) of subsection 
(a) of this section, or if a regulated seller violates paragraph (13) 
of such subsection, the Attorney General may by order prohibit such 
seller or distributor (as the case may be) from selling any scheduled 
listed chemical product. Any sale of such a product in violation of 
such an order is subject to the same penalties as apply under paragraph 
(2).
    ``(B) An order under subparagraph (A) may be imposed only through 
the same procedures as apply under section 304(c) for an order to show 
cause.''.
    (f) Preservation of State Authority to Regulate Scheduled Listed 
Chemicals.--This section and the amendments made by this section may 
not be construed as having any legal effect on section 708 of the 
Controlled Substances Act as applied to the regulation of scheduled 
listed chemicals (as defined in section 102(45) of such Act).

SEC. 102. REGULATED TRANSACTIONS.

    (a) Conforming Amendments Regarding Scheduled Listed Chemicals.--
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
            (1) in section 102--
                    (A) in paragraph (39)(A)--
                            (i) by amending clause (iv) to read as 
                        follows:
                    ``(iv) any transaction in a listed chemical that is 
                contained in a drug that may be marketed or distributed 
                lawfully in the United States under the Federal Food, 
                Drug, and Cosmetic Act, subject to clause (v), unless--
                            ``(I) the Attorney General has determined 
                        under section 204 that the drug or group of 
                        drugs is being diverted to obtain the listed 
                        chemical for use in the illicit production of a 
                        controlled substance; and
                            ``(II) the quantity of the listed chemical 
                        contained in the drug included in the 
                        transaction or multiple transactions equals or 
                        exceeds the threshold established for that 
                        chemical by the Attorney General;'';
                            (ii) by redesignating clause (v) as clause 
                        (vi); and
                            (iii) by inserting after clause (iv) the 
                        following clause:
                    ``(v) any transaction in a scheduled listed 
                chemical product; or''; and
                    (B) by striking the paragraph (45) that relates to 
                the term ``ordinary over-the-counter pseudoephedrine or 
                phenylpropanolamine product'';
            (2) in section 204, by striking subsection (e); and
            (3) in section 303(h), in the second sentence, by striking 
        ``section 102(39)(A)(iv)'' and inserting ``clause (iv) or (v) 
        of section 102(39)(A)''.
    (b) 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).

SEC. 103. 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'';
            (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'';
            (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. 104. 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. 105. RESTRICTIONS ON IMPORTATION; AUTHORITY TO PERMIT IMPORTS FOR 
              MEDICAL, SCIENTIFIC, OR OTHER LEGITIMATE PURPOSES.

    Section 1002 of the Controlled Substances Import and Export Act (21 
U.S.C. 952) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or ephedrine, pseudoephedrine, or 
                phenylpropanolamine,'' after ``schedule III, IV, or V 
                of title II,''; and
                    (B) in paragraph (1), by inserting ``, and of 
                ephedrine, pseudoephedrine, and phenylpropanolamine, '' 
                after ``coca leaves''; and
            (2) 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. 106. 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;
            (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, and 
the quantity of such chemical to be transferred.
    ``(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, or will be transferring a greater quantity of 
the chemical than specified in the notice, the importer or exporter 
shall update the notice to identify the most recent prospective 
transferee or the most recent quantity or both (as the case may be) 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 or quantity 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 
or quantity 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 
                clandestine manufacture of a controlled substance 
                (without regard to the form of the chemical that may be 
                diverted, including the diversion of a finished drug 
                product to be manufactured from bulk chemicals to be 
                transferred), 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.''; and
            (4) by adding at the end the following subsection:
    ``(g) Within 30 days after a transaction covered by this section is 
completed, the importer or exporter shall send the Attorney General a 
return declaration containing particulars of the transaction, including 
the date, quantity, chemical, container, name of transferees, and such 
other information as the Attorney General may specify in regulations. 
For importers, a single return declaration may include the particulars 
of both the importation and distribution. If the importer has not 
distributed all chemicals imported by the end of the initial 30-day 
period, the importer shall file supplemental return declarations no 
later than 30 days from the date of any further distribution, until the 
distribution or other disposition of all chemicals imported pursuant to 
the import notification or any update are accounted for.''.
    (b) Conforming Amendments.--
            (1) Controlled substances import and export act.--The 
        Controlled Substances Import and Export Act (21 U.S.C. 951 et 
        seq.) is amended--
                    (A) in section 1010(d)(5), by striking ``section 
                1018(e)(2) or (3)'' and inserting ``paragraph (2) or 
                (3) of section 1018(f)''; and
                    (B) in section 1018(c)(1), in the first sentence, 
                by inserting before the period the following: 
                ``(without regard to the form of the chemical that may 
                be diverted, including the diversion of a finished drug 
                product to be manufactured from bulk chemicals to be 
                transferred)''.
            (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. 107. 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''.

SEC. 108. COORDINATION WITH UNITED STATES TRADE REPRESENTATIVE.

    In implementing sections 103 through 107 and section 201 of this 
Act, the Attorney General shall consult with the United States Trade 
Representative to ensure implementation complies with all applicable 
international treaties and obligations of the United States.

       <DELETED>TITLE II--INTERNATIONAL REGULATION OF PRECURSOR 
                          CHEMICALS</DELETED>

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

<DELETED>    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:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

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

<DELETED>    (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:</DELETED>
        <DELETED>    ``(8)(A) A separate section that contains the 
        following:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(B) The identification of countries that 
        imported the largest amount of chemicals under subparagraph 
        (A)(ii) shall be based on the following:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Annual Certification Procedures.--Section 490(a) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 203. PREVENTION OF SMUGGLING OF METHAMPHETAMINE INTO THE 
              UNITED STATES FROM MEXICO.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Specific Actions.--In carrying out subsection (a), the 
Secretary shall--</DELETED>
        <DELETED>    (1) improve bilateral efforts at the United 
        States-Mexico border to prevent the smuggling of 
        methamphetamine into the United States from Mexico;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

  <DELETED>TITLE III--ENHANCED CRIMINAL PENALTIES FOR METHAMPHETAMINE 
                  PRODUCTION AND TRAFFICKING</DELETED>

<DELETED>SEC. 301. ENHANCED PENALTIES FOR METHAMPHETAMINE PRODUCTION, 
              POSSESSION, OR TRAFFICKING.</DELETED>

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

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

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) committed the offense while entering the 
        United States, using such lane, system, or program.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 303. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL 
              PROPERTY.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 304. INCREASED PUNISHMENT FOR METHAMPHETAMINE 
              KINGPINS.</DELETED>

<DELETED>    Section 408 of the Controlled Substances Act (21 U.S.C. 
848) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(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'.''.</DELETED>

       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 regulated 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 this section 
$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. POSSESSION OF SCHEDULED LISTED CHEMICAL WITH INTENT TO 
              MANUFACTURE CONTROLLED SUBSTANCE.

    Section 401 of the Controlled Substances Act (21 U.S.C. 841) is 
amended by adding at the end the following subsection:
    ``(g) Except as authorized by this title, any person who knowingly 
or intentionally possesses ephedrine, pseudoephedrine, or 
phenylpropanolamine, or any of its salts, optical isomers, or salts of 
optical isomers, with intent to manufacture a controlled substance 
shall be fined in accordance with title 18, United States Code, or 
imprisoned for any term of years or life, or both.''.

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 `200' for `300', and paragraph 
(2)(B) shall be applied by substituting `$5,000,000' for `$10 million 
dollars'. ''.

SEC. 305. NEW CHILD-PROTECTION CRIMINAL ENHANCEMENT.

    (a) In General.--The Controlled Substances Act is amended by 
inserting after section 419 (21 U.S.C. 860) the following:

``consecutive sentence for manufacturing or distributing, or possessing 
 with intent to manufacture or distribute, methamphetamine on premises 
                  where children are present or reside

    ``Sec. 419a. Whoever violates section 401(a)(1) by manufacturing or 
distributing, or possessing with intent to manufacture or distribute, 
methamphetamine or its salts, isomers or salts of isomers on premises 
in which an individual who is under the age of 18 years is present or 
resides, shall, in addition to any other sentence imposed, be 
imprisoned for a period of any term of years but not more than 20 
years, subject to a fine, or both. ''.
    (b) Clerical Amendment.--The table of contents of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 is amended by inserting 
after the item relating to section 419 the following new item:

``Sec. 419a. Consecutive sentence for manufacturing or distributing, or 
                            possessing with intent to manufacture or 
                            distribute, methamphetamine on premises 
                            where children are present or reside.''.

SEC. 306. AMENDMENTS TO CERTAIN SENTENCING COURT REPORTING 
              REQUIREMENTS.

    Section 994(w) of title 28, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``, in a format approved and 
                required by the Commission,'' after ``submits to the 
                Commission'';
                    (B) in subparagraph (B)--
                            (i) by inserting ``written'' before 
                        ``statement of reasons''; and
                            (ii) by inserting ``and which shall be 
                        stated on the written statement of reasons form 
                        issued by the Judicial Conference and approved 
                        by the United States Sentencing Commission'' 
                        after ``applicable guideline range''; and
                    (C) by adding at the end the following:
``The information referred to in subparagraphs (A) through (F) shall be 
submitted by the sentencing court in a format approved and required by 
the Commission.''; and
            (2) in paragraph (4), by striking ``may assemble or 
        maintain in electronic form that include any'' and inserting 
        ``itself may assemble or maintain in electronic form as a 
        result of the''.

SEC. 307. SEMIANNUAL REPORTS TO CONGRESS.

    (a) In General.--The Attorney General shall, on a semiannual basis, 
submit to the congressional committees and organizations specified in 
subsection (b) reports that--
            (1) describe the allocation of the resources of the Drug 
        Enforcement Administration and the Federal Bureau of 
        Investigation for the investigation and prosecution of alleged 
        violations of the Controlled Substances Act involving 
        methamphetamine; and
            (2) the measures being taken to give priority in the 
        allocation of such resources to such violations involving--
                    (A) persons alleged to have imported into the 
                United States substantial quantities of 
                methamphetamine, or ephedrine, pseudoephedrine, or 
                phenylpropanolamine or any of its salts, optical 
                isomers, or salts of optical isomers;
                    (B) persons alleged to have manufactured 
                methamphetamine; and
                    (C) circumstances in which the violations have 
                endangered children.
    (b) Congressional Committees.--The congressional committees and 
organizations referred to in subsection (a) are--
            (1) in the House of Representatives, the Committee on the 
        Judiciary, the Committee on Energy and Commerce, and the 
        Committee on Government Reform; and
            (2) in the Senate, the Committee on the Judiciary, the 
        Committee on Commerce, Science, and Transportation, and the 
        Caucus on International Narcotics Control.

       [<DELETED>TITLE IV--ENHANCED ENVIRONMENTAL REGULATION OF 
                      METHAMPHETAMINE BY-PRODUCTS

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

</DELETED>    [<DELETED>(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.
</DELETED>    [<DELETED>(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.
</DELETED>    [<DELETED>(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.

</DELETED>[<DELETED>SEC. 402. CLEANUP COSTS.

</DELETED>    [<DELETED>Section 413(q) of the Controlled Substances Act 
(21 U.S.C. 853(q)) is amended--
        </DELETED>    [<DELETED>(1) in the matter preceding paragraph 
        (1), by inserting ``, the possession, or the possession with 
        intent to distribute, '' after ``manufacture''; and
        </DELETED>    [<DELETED>(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''.</DELETED>]

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

SEC. 401. BIENNIAL REPORT TO CONGRESS ON AGENCY DESIGNATIONS OF BY-
              PRODUCTS OF METHAMPHETAMINE LABORATORIES AS HAZARDOUS 
              MATERIALS.

    Section 5103 of title 49, Unites States Code, is amended by adding 
at the end the following:
    ``(d) Biennial Report.--The Secretary of Transportation shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Senate Committee on Commerce, Science, 
and Transportation a biennial report providing information on whether 
the Secretary has designated as hazardous materials for purposes of 
chapter 51 of such title all by-products of the methamphetamine-
production process that are known by the Secretary to pose an 
unreasonable risk to health and safety or property when transported in 
commerce in a particular amount and form.''.

SEC. 402. METHAMPHETAMINE PRODUCTION REPORT.

    Section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921) is 
amended at the end by adding the following:
    ``(j) Methamphetamine Production.--Not later than every 24 months, 
the Administrator shall submit to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Environment and 
Public Works of the Senate a report setting forth information collected 
by the Administrator from law enforcement agencies, States, and other 
relevant stakeholders that identifies the byproducts of the 
methamphetamine production process and whether the Administrator 
considers each of the byproducts to be a hazardous waste pursuant to 
this section and relevant regulations.''.

SEC. 403. CLEANUP COSTS.

    (a) In General.--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''.
    (b) Savings Clause.--Nothing in this section shall be interpreted 
or construed to amend, alter, or otherwise affect the obligations, 
liabilities and other responsibilities of any person under any Federal 
or State environmental laws.

              TITLE V--ADDITIONAL PROGRAMS AND ACTIVITIES

SEC. 501. IMPROVEMENTS TO DEPARTMENT OF JUSTICE DRUG COURT GRANT 
              PROGRAM.

    Section 2951 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797u) is amended by adding at the end the following 
new subsection:
    ``(c) Mandatory Drug Testing and Mandatory Sanctions.--
            ``(1) Mandatory testing.--Grant amounts under this part may 
        be used for a drug court only if the drug court has mandatory 
        periodic testing as described in subsection (a)(3)(A). The 
        Attorney General shall, by prescribing guidelines or 
        regulations, specify standards for the timing and manner of 
        complying with such requirements. The standards--
                    ``(A) shall ensure that--
                            ``(i) each participant is tested for every 
                        controlled substance that the participant has 
                        been known to abuse, and for any other 
                        controlled substance the Attorney General or 
                        the court may require; and
                            ``(ii) the testing is accurate and 
                        practicable; and
                    ``(B) may require approval of the drug testing 
                regime to ensure that adequate testing occurs.
            ``(2) Mandatory sanctions.--The Attorney General shall, by 
        prescribing guidelines or regulations, specify that grant 
        amounts under this part may be used for a drug court only if 
        the drug court imposes graduated sanctions that increase 
        punitive measures, therapeutic measures, or both whenever a 
        participant fails a drug test. Such sanctions and measures may 
        include, but are not limited to, one or more of the following:
                    ``(A) Incarceration.
                    ``(B) Detoxification treatment.
                    ``(C) Residential treatment.
                    ``(D) Increased time in program.
                    ``(E) Termination from the program.
                    ``(F) Increased drug screening requirements.
                    ``(G) Increased court appearances.
                    ``(H) Increased counseling.
                    ``(I) Increased supervision.
                    ``(J) Electronic monitoring.
                    ``(K) In-home restriction.
                    ``(L) Community service.
                    ``(M) Family counseling.
                    ``(N) Anger management classes.''.

SEC. 502. GRANTS TO HOT SPOT AREAS TO REDUCE AVAILABILITY OF 
              METHAMPHETAMINE.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

             ``PART II--CONFRONTING USE OF METHAMPHETAMINE

``SEC. 2996. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND 
              METHAMPHETAMINE MANUFACTURING, SALE, AND USE IN HOT 
              SPOTS.

    ``(a) Purpose and Program Authority.--
            ``(1) Purpose.--It is the purpose of this part to assist 
        States--
                    ``(A) to carry out programs to address the 
                manufacture, sale, and use of methamphetamine drugs; 
                and
                    ``(B) to improve the ability of State and local 
                government institutions of to carry out such programs.
            ``(2) Grant authorization.--The Attorney General, through 
        the Bureau of Justice Assistance in the Office of Justice 
        Programs may make grants to States to address the manufacture, 
        sale, and use of methamphetamine to enhance public safety.
            ``(3) Grant projects to address methamphetamine manufacture 
        sale and use.--Grants made under subsection (a) may be used for 
        programs, projects, and other activities to--
                    ``(A) investigate, arrest and prosecute individuals 
                violating laws related to the use, manufacture, or sale 
                of methamphetamine;
                    ``(B) reimburse the Drug Enforcement Administration 
                for expenses related to the clean up of methamphetamine 
                clandestine labs and related environmental damage;
                    ``(C) support State and local health department and 
                environmental agency services deployed to address 
                methamphetamine; and
                    ``(D) procure equipment, technology, or support 
                systems, or pay for resources, if the applicant for 
                such a grant demonstrates to the satisfaction of the 
                Attorney General that expenditures for such purposes 
                would result in the reduction in the use, sale, and 
                manufacture of methamphetamine.

``SEC. 2997. FUNDING.

    ``There are authorized to be appropriated to carry out this part 
$99,000,000 for each fiscal year 2006, 2007, 2008, 2009, and 2010.''.

SEC. 503. GRANTS FOR PROGRAMS FOR DRUG-ENDANGERED CHILDREN.

    (a) In General.--The Attorney General shall make grants to States 
for the purpose of carrying out programs to provide a comprehensive 
response to aid children who are living in a home in which 
methamphetamine or other controlled substances are unlawfully 
manufactured, administered, or distributed.
    (b) Certain Requirements.--The Attorney General shall ensure that 
the procedures and services of programs carried out with grants under 
subsection (a) include the following:
            (1) Coordination among law enforcement agencies, 
        prosecutors, child protective services, and health 
        professionals.
            (2) Removal of children from toxic or drug-endangering 
        environments.
    (c) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $20,000,000 
for each of the fiscal years 2006 and 2007. Amounts appropriated under 
the preceding sentence shall remain available until expended.
                                                 Union Calendar No. 167

109th CONGRESS

  1st Session

                               H. R. 3889

                  [Report No. 109-299, Parts I and II]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 17, 2005

   Reported from the Committee on Energy and Commerce with amendments

                           November 17, 2005

     Committees on International Relations and Transportation and 
  Infrastructure discharged; committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed