Methamphetamine Epidemic Elimination Act

        [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