Methamphetamine Epidemic Elimination Act - Title I: Domestic Regulation of Precursor Chemicals - (Sec. 101) Amends the Controlled Substances Act (CSA) to define "scheduled listed chemical product" as a product that: (1) contains ephedrine, pseudoephedrine, or phenylpropanolamine and the salts, optical isomers, and salts of optical isomers of such chemical; and (2) may lawfully be marketed or distributed in the United States as a nonprescription drug.
Prohibits the retail sale of more than 3.6 grams per day of any ephedrine base, pseudoephedrine base, or phenylpropanolamine base in a scheduled listed chemical product to any purchaser without regard to the number of transactions.
Prohibits a seller or distributor from selling at retail such a product in a nonliquid form (including gell caps) unless the product is packaged in blister packs if technically feasible or otherwise packaged in unit dose packets or pouches. Defines "at retail" as the sale or purchase for personal use of a scheduled listed chemical product.
Requires a seller to: (1) place scheduled listed chemical products where customers do not have direct access to them before sale (behind-the-counter placement); (2) deliver such products directly into the custody of the purchaser; (3) maintain a logbook of sales that identifies the products by name, quantity, purchaser name and address, and dates and times of sale, except for any purchase by an individual of a single sales package of not more than 60 milligrams of pseudoephedrine; (4) maintain such logbook entries for not fewer than two years; and (5) submit to the Attorney General a self-certification that all individuals responsible for delivering or selling such products have undergone training on the requirements. Prohibits a seller from selling such a product unless: (1) the prospective purchaser presents an identification card and signs the logbook; and (2) the seller verifies that the name in the logbooks corresponds to the identification and enters the name of the product and quantity sold.
Requires mobile retail vendors to: (1) place scheduled listed chemical products in a locked cabinet; and (2) 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. Defines "mobile retail vendor" as 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.
Prohibits a regulated seller from selling any scheduled listed chemical product at retail without first submitting to the Attorney General the required training self-certification. Requires the Attorney General to establish: (1) criteria for certifications, including that certifications are required for each place of business at which a regulated seller sells such products at retail; and (2) restrictions on the disclosure of information in logbooks to protect the privacy of individuals who purchase such products. Defines "regulated seller" as a retail distributor (including a pharmacy or a mobile retail vendor), except not an employee or agent of such distributor.
Includes information in the logbook as a matter within the jurisdiction of the executive, legislative, or judicial branch of the government of the United States in order to prohibit and provide penalties for knowingly and willfully: (1) making any materially false, fictitious, or fraudulent statement or representation; or (2) making or using any false writing or document knowing that it contains any materially false, fictitious, or fraudulent statement or entry.
Provides immunity from civil liability to any regulated seller who in good faith releases information in a logbook to a federal, state, or local law enforcement authority unless such release constitutes gross negligence or intentional, wanton, or willful misconduct.
Allows a regulated seller to take reasonable measures to guard against employing individuals who may present a risk of theft and diversion of scheduled listed chemical products, including by asking employment applicants whether they have been convicted of any crime involving or related to such products or controlled substances.
Requires a regulated person who makes a sale at retail of a scheduled listed chemical product, and who uses or attempts to use the Postal Service or any private or commercial carrier, to confirm the identity of the purchaser prior to shipping the product. Prohibits such a sale of more than 7.5 grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in such products per customer during a 30-day period.
Allows the Attorney General to exempt certain scheduled listed chemical products from sales transaction requirements if the Attorney General determines that the product cannot be used in the illicit manufacture of methamphetamine.
Prohibits: (1) selling at retail a scheduled listed chemical product knowing at the time of the transaction (independent of consulting the logbook) that the transaction is a violation of the CSA; (2) knowingly or recklessly selling at retail such product in violation of the blister pack, behind-the-counter, or logbook requirements; and (3) disclosing information in logbooks in violation of privacy requirements or refusing to provide a logbook to federal, state, or local law enforcement authorities.
Authorizes the Attorney General to prohibit a seller or distributor that fails to meet reporting requirements from selling any scheduled listed chemical product.
(Sec. 102) Amends the definition of "regulated transaction" to include any transaction in a scheduled listed chemical product. Makes conforming amendments to the CSA and the Comprehensive Methamphetamine Control Act of 1996.
(Sec. 103) Includes ephedrine, pseudoephedrine, and phenylpropanolamine among the substances for which the Attorney General must establish production quotas.
(Sec. 104) Prohibits a person from manufacturing ephedrine, pseudoephedrine, or phenylpropanolamine that is: (1) not expressly authorized by such person's registration with the Attorney General and by a quota assigned to that person; or (2) in excess of the assigned quota.
(Sec. 105) Amends the Controlled Substances Import and Export Act to prohibit the importation into the United States of ephedrine, pseudoephedrine, or phenylpropanolamine, except in amounts the Attorney General allows as necessary to provide for medical, scientific, or other legitimate purposes. Allows a registrant who is authorized to import such a chemical to apply for an increase in the amount authorized.
(Sec. 106) Prohibits a regular importer from transferring a listed chemical to a transferee that is not a regular customer until 15 days after notice is submitted to the Attorney General. Prohibits any change in the prospective transferee until 15 days after an update of such notice is submitted to the Attorney General, unless that transferee is a regular customer. Provides that the transferee involved shall then be considered to qualify as a regular customer, unless the Attorney General otherwise notifies the importer or exporter. Allows the Attorney General to suspend such a transfer on the ground that the chemical may be diverted to the illegal or clandestine manufacture of a controlled substance.
Requires the importer or exporter to send to the Attorney General within 30 days of such a transaction a return declaration containing particulars of the transaction. Requires an importer that has not distributed all chemicals within 30 days to file supplemental return declarations for other distributions or dispositions.
(Sec. 107) Sets forth penalties for: (1) importing a listed chemical in violation of established quota requirements; or (2) transferring such a chemical in violation of notice requirements.
(Sec. 108) Requires the Attorney General to consult with the U.S. Trade Representative to ensure that implementation of relevant sections of this Act complies with all applicable international treaties and obligations.
Title II: International Regulation of Precursor Chemicals - (Sec. 201) Requires a regulated person importing ephedrine, pseudoephedrine, or phenylpropanolamine to include in the notice of importation all information known to the importer on the chain of distribution of such chemical from the manufacturer to the importer. Allows the Attorney General to: (1) request that a distributor of such chemical provide information on its distribution, including sales; and (2) prohibit the importation of such chemical in any case in which a foreign-chain distributor that is refusing to cooperate with the Attorney General in obtaining chain-of-custody information is part of the chain of distribution.
(Sec. 202) Amends the Foreign Assistance Act of 1961 to require an additional section in the President's international narcotics control strategy report that: (1) identifies the five countries that exported the largest amount of pseudoephedrine, ephedrine, and phenylpropanolamine; (2) identifies the five countries that imported the largest amount of such chemicals and have the highest rate of diversion of such chemicals for the use in the illicit production of methamphetamine; and (3) includes an economic analysis of the total worldwide production of such chemicals compared to the legitimate demand for such chemicals. Withholds 50% of the US assistance allocated each fiscal year for countries so identified unless the country has either cooperated fully with the United States or has taken adequate steps on its own to achieve full compliance with established United Nations goals and objectives, unless the vital national interests of the United States prevent withholding such funds.
Requires the Secretary of State to submit to Congress a comprehensive plan to address the diversion of chemicals to the illicit production of methamphetamine for each identified country for which the President has not submitted a certification of full cooperation.
Authorizes appropriations for FY2006-FY2007.
(Sec. 203) Requires the Secretary of State, acting through the Assistant Secretary of the Bureau for International Narcotics and Law Enforcement Affairs, to take necessary actions to prevent the smuggling of methamphetamine into the United States from Mexico. Requires the Secretary of State to: (1) improve bilateral effort at the border; (2) seek to work with Mexican law enforcement authorities to improve the ability of such authorities to combat the production and trafficking of methamphetamine; and (3) encourage Mexico to take immediate action to reduce the diversion of pseudoephedrine. Sets forth reporting requirements. Authorizes appropriations.
Title III: Enhanced Criminal Penalties for Methamphetamine Production and Trafficking - (Sec. 301) Decreases the quantities of methamphetamine the manufacture, distribution, dispensation, possession (with intent to manufacture, distribute, or dispense), importation, or exportation of which will result in sentences of imprisonment for at least five years or for ten years to life.
(Sec. 302) Increases penalties for violations of the CSA or the Controlled Substances Import and Export Act involving methamphetamine to increase the term of imprisonment by not more than 15 years if the person: (1) was 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. Bars such a person from being eligible for or using any such lane, system, or program permanently.
(Sec. 303) Sets forth additional penalties for violations of the CSA that involve the manufacture of a controlled substance on federal property.
(Sec. 304) Sets forth the quantities and gross receipts for which the leader of a continuing criminal enterprise involving methamphetamine can receive life imprisonment.
Title IV: Enhanced Environmental Regulation of Methamphetamine By-Products - (Sec. 401) Requires the Secretary of Transportation to report biennially to the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation on whether the Secretary has designated as hazardous materials for transportation purposes all byproducts of the methamphetamine-production process that are known to pose an unreasonable risk to health and safety or property when transported in commerce.
(Sec. 402) Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Environment and Public Works on information collected from law enforcement agencies, states, and other relevant stakeholders that identifies the byproducts of the methamphetamine production process and on whether the Administrator considers the byproducts to be a hazardous waste for purposes of such Act.
(Sec. 403) Amends the CSA to require the court to assess restitution or reimbursement penalties: (1) on defendants convicted of offenses involving the possession, or the possession with the intent to distribute, of amphetamine or methamphetamine; and (2) that include the cost of cleanup on premises or in property that the defendant owns, resides, or does business.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3889 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3889
To further regulate and punish illicit conduct relating to
methamphetamine, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2005
Mr. Souder (for himself, Mr. Sensenbrenner, Mr. Blunt, Mr. Coble, Mr.
Calvert, Mr. Larsen of Washington, Mr. Boswell, Mr. Kennedy of
Minnesota, Mr. Cannon, Ms. Hooley, Mr. Baird, Mr. Osborne, Mr. Cardoza,
Mr. Case, Mr. Rogers of Alabama, Mr. Lewis of Kentucky, Mr. Burton of
Indiana, Mr. Smith of Texas, Mr. Bachus, Mr. Peterson of Pennsylvania,
Mr. Boren, Ms. Herseth, Mr. Franks of Arizona, Mr. Abercrombie, Mr.
Walden of Oregon, Mr. Reichert, Mr. Wamp, Mr. McHenry, Mr. Graves, Mr.
Peterson of Minnesota, Mr. Terry, Mr. Schwarz of Michigan, Miss
McMorris, and Ms. Granger) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committees on the Judiciary, International Relations, and
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To further regulate and punish illicit conduct relating to
methamphetamine, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Methamphetamine
Epidemic Elimination Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DOMESTIC REGULATION OF PRECURSOR CHEMICALS
Sec. 101. Regulated transactions in methamphetamine precursor chemical
products.
Sec. 102. Authority to establish production quotas.
Sec. 103. Penalties; authority for manufacturing; quota.
Sec. 104. Restrictions on importation; authority to permit imports for
medical, scientific, or other legitimate
purposes.
Sec. 105. Notice of importation or exportation; approval of sale or
transfer by importer or exporter.
Sec. 106. Enforcement of restrictions on importation and of requirement
of notice of transfer.
TITLE II--INTERNATIONAL REGULATION OF PRECURSOR CHEMICALS
Sec. 201. Information on foreign chain of distribution; import
restrictions regarding failure of
distributors to cooperate.
Sec. 202. Requirements relating to the largest exporting and importing
countries of certain precursor chemicals.
Sec. 203. Prevention of smuggling of methamphetamine into the United
States from Mexico.
TITLE III--ENHANCED CRIMINAL PENALTIES FOR METHAMPHETAMINE PRODUCTION
AND TRAFFICKING
Sec. 301. Enhanced penalties for methamphetamine production,
possession, or trafficking.
Sec. 302. Smuggling methamphetamine or methamphetamine precursor
chemicals into the united states while
using facilitated entry programs.
Sec. 303. Manufacturing controlled substances on Federal property.
Sec. 304. Increased punishment for methamphetamine kingpins.
TITLE IV--ENHANCED ENVIRONMENTAL REGULATION OF METHAMPHETAMINE BY-
PRODUCTS
Sec. 401. Designation of by-products of methamphetamine laboratories as
hazardous materials and waste under
Hazardous Materials Transportation Act and
Solid Waste Disposal Act.
Sec. 402. Cleanup costs.
TITLE I--DOMESTIC REGULATION OF PRECURSOR CHEMICALS
SEC. 101. REGULATED TRANSACTIONS IN METHAMPHETAMINE PRECURSOR CHEMICAL
PRODUCTS.
(a) Reduction of Retail Sales Threshold.--Section
102(39)(A)(iv)(II) of the Controlled Substances Act (21 U.S.C.
802(39)(A)(iv)(II)) is amended by striking ``shall be 9 grams'' and all
that follows and inserting the following: ``shall be any quantity of
pseudoephedrine over 3.6 grams in a single transaction, or any quantity
of phenylpropanolamine over 3.6 grams in a single transaction, and in
addition shall be, in the case of such products in nonliquid form, that
the products be packaged in blister packs, each blister containing not
more than 2 dosage units, or where the use of blister packs is
technically infeasible, packaged in unit dose packets or pouches.''
(b) Elimination of Blister Pack Exemption.--
(1) Regulated transaction.--Section 102(39)(A)(iv)(I)(aa)
of the Controlled Substances Act (21 U.S.C.
802(39)(A)(iv)(I)(aa)) is amended by striking ``, except that''
and all that follows through ``1996)''.
(2) Definition; conforming amendments.--The Controlled
Substances Act (21 U.S.C. 801 et seq.) is amended--
(A) in section 102--
(i) by striking paragraph (45); and
(ii) by redesignating paragraph (46) as
paragraph (45);
(B) in section 204(e), by striking ``shall'' the
first time it appears and inserting ``may''; and
(C) in section 310(b)(3)(D)(ii), by striking
``102(46)'' and inserting ``102(45)''.
(c) Public Law 104-237.--Section 401 of the Comprehensive
Methamphetamine Control Act of 1996 (21 U.S.C. 802 note) (Public Law
104-237) is amended by striking subsections (d), (e), and (f).
(d) Combinations Involving Derivatives.--Section 102(39) of the
Controlled Substances Act (21 U.S.C. 802(39)) is amended--
(1) in subparagraph (A)(iv)(I)(aa), by striking ``the drug
contains'' and all that follows through ``unless otherwise
provided'' and inserting the following: ``the drug contains
ephedrine, pseudoephedrine, or phenylpropanolamine unless
otherwise provided''; and
(2) by inserting after and below subparagraph (B) the
following:
``Each reference in subparagraph (A)(iv) to ephedrine, pseudoephedrine,
or phenylpropanolamine includes each of the salts, optical isomers, and
salts of optical isomers of such chemical.''.
SEC. 102. AUTHORITY TO ESTABLISH PRODUCTION QUOTAS.
Section 306 of the Controlled Substances Act (21 U.S.C. 826) is
amended--
(1) in subsection (a), by inserting ``and for ephedrine,
pseudoephedrine, and phenylpropanolamine'' after ``for each
basic class of controlled substance in schedules I and II'';
(2) in subsection (b), by inserting ``or for ephedrine,
pseudoephedrine, or phenylpropanolamine'' after ``for each
basic class of controlled substance in schedule I or II'' each
place such term appears;
(3) in subsection (c), in the first sentence, by inserting
``and for ephedrine, pseudoephedrine, and phenylpropanolamine''
after ``for the basic classes of controlled substances in
schedules I and II'';
(4) in subsection (d), by inserting ``or ephedrine,
pseudoephedrine, or phenylpropanolamine'' after ``that basic
class of controlled substance'';
(5) in subsection (e), by inserting ``or for ephedrine,
pseudoephedrine, or phenylpropanolamine'' after ``for a basic
class of controlled substance in schedule I or II'' each place
such term appears;
(6) in subsection (f)--
(A) by inserting ``or ephedrine, pseudoephedrine,
or phenylpropanolamine'' after ``controlled substances
in schedules I and II'';
(B) by inserting ``or of ephedrine,
pseudoephedrine, or phenylpropanolamine'' after ``the
manufacture of a controlled substance''; and
(C) by inserting ``or chemicals'' after ``such
incidentally produced substances''; and
(7) by adding at the end the following subsection:
``(g) Each reference in this section to ephedrine, pseudoephedrine,
or phenylpropanolamine includes each of the salts, optical isomers, and
salts of optical isomers of such chemical.''.
SEC. 103. PENALTIES; AUTHORITY FOR MANUFACTURING; QUOTA.
Section 402(b) of the Controlled Substances Act (21 U.S.C. 842(b))
is amended by inserting after ``manufacture a controlled substance in
schedule I or II'' the following: ``, or ephedrine, pseudoephedrine, or
phenylpropanolamine or any of the salts, optical isomers, or salts of
optical isomers of such chemical,''.
SEC. 104. RESTRICTIONS ON IMPORTATION; AUTHORITY TO PERMIT IMPORTS FOR
MEDICAL, SCIENTIFIC, OR OTHER LEGITIMATE PURPOSES.
Section 1002(a) of the Controlled Substances Import and Export Act
(21 U.S.C. 952(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``or ephedrine, pseudoephedrine, or phenylpropanolamine,''
after ``schedule III, IV, or V of title II,'';
(2) in paragraph (1), by inserting ``, and of ephedrine,
pseudoephedrine, and phenylpropanolamine, '' after ``coca
leaves''; and
(3) by adding at the end the following subsections:
``(d)(1) With respect to a registrant under section 1008 who is
authorized under subsection (a)(1) to import ephedrine,
pseudoephedrine, or phenylpropanolamine, at any time during the year
the registrant may apply for an increase in the amount of such chemical
that the registrant is authorized to import, and the Attorney General
may approve the application if the Attorney General determines that the
approval is necessary to provide for medical, scientific, or other
legitimate purposes regarding the chemical.
``(2) With respect to the application under paragraph (1):
``(A) Not later than 60 days after receiving the
application, the Attorney General shall approve or deny the
application.
``(B) In approving the application, the Attorney General
shall specify the period of time for which the approval is in
effect, or shall provide that the approval is effective until
the registrant involved is notified in writing by the Attorney
General that the approval is terminated.
``(C) If the Attorney General does not approve or deny the
application before the expiration of the 60-day period under
subparagraph (A), the application is deemed to be approved, and
such approval remains in effect until the Attorney General
notifies the registrant in writing that the approval is
terminated.
``(e) Each reference in this section to ephedrine, pseudoephedrine,
or phenylpropanolamine includes each of the salts, optical isomers, and
salts of optical isomers of such chemical.''.
SEC. 105. NOTICE OF IMPORTATION OR EXPORTATION; APPROVAL OF SALE OR
TRANSFER BY IMPORTER OR EXPORTER.
(a) In General.--Section 1018 of the Controlled Substances Import
and Export Act (21 U.S.C. 971) is amended--
(1) in subsection (b)(1), in the first sentence, by
striking ``or to an importation by a regular importer'' and
inserting ``or to a transaction that is an importation by a
regular importer'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following
subsection:
``(d)(1)(A) Information provided in a notice under subsection (a)
or (b) shall include the name of the person to whom the importer or
exporter involved intends to transfer the listed chemical involved.
``(B) In the case of a notice under subsection (b) submitted by a
regular importer, if the transferee identified in the notice is not a
regular customer, such importer may not transfer the listed chemical
until after the expiration of the 15-day period beginning on the date
on which the notice is submitted to the Attorney General.
``(C) After a notice under subsection (a) or (b) is submitted to
the Attorney General, if circumstances change and the importer or
exporter will not be transferring the listed chemical to the transferee
identified in the notice, the importer or exporter shall update the
notice to identify the most recent prospective transferee and may not
transfer the listed chemical until after the expiration of the 15-day
period beginning on the date on which the update is submitted to the
Attorney General, except that such 15-day restriction does not apply if
the prospective transferee identified in the update is a regular
customer. The preceding sentence applies with respect to changing
circumstances regarding a transferee identified in an update to the
same extent and in the same manner as such sentence applies with
respect to changing circumstances regarding a transferee identified in
the original notice under subsection (a) or (b).
``(D) In the case of a transfer of a listed chemical that is
subject to a 15-day restriction under subparagraph (B) or (C), the
transferee involved shall, upon the expiration of the 15-day period, be
considered to qualify as a regular customer, unless the Attorney
General otherwise notifies the importer or exporter involved in
writing.
``(2) With respect to a transfer of a listed chemical with which a
notice or update referred to in paragraph (1) is concerned:
``(A) The Attorney General, in accordance with the same
procedures as apply under subsection (c)(2)--
``(i) may order the suspension of the transfer of
the listed chemical by the importer or exporter
involved, except for a transfer to a regular customer,
on the ground that the chemical may be diverted to the
illegal or clandestine manufacture of a controlled
substance, subject to the Attorney General ordering
such suspension before the expiration of the 15-day
period referred to in paragraph (1) with respect to the
importation or exportation (in any case in which such a
period applies); and
``(ii) may, for purposes of clause (i) and
paragraph (1), disqualify a regular customer on such
ground.
``(B) From and after the time when the Attorney General
provides written notice of the order under subparagraph (A)
(including a statement of the legal and factual basis for the
order) to the importer or exporter, the importer or exporter
may not carry out the transfer.
``(3) For purposes of this subsection:
``(A) The terms `importer' and `exporter' mean a regulated
person who imports or exports a listed chemical, respectively.
``(B) The term `transfer', with respect to a listed
chemical, includes the sale of the chemical.
``(C) The term `transferee' means a person to whom an
importer or exporter transfers a listed chemical.''.
(b) Conforming Amendments.--
(1) In general.--Section 1010(d)(5) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(d)(5)) is
amended by striking ``section 1018(e)(2) or (3)'' and inserting
``paragraph (2) or (3) of section 1018(f)''.
(2) Controlled substances act.--Section 310(b)(3)(D)(v) of
the Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(v)) is
amended by striking ``section 1018(e)(2)'' and inserting
``section 1018(f)(2)''.
SEC. 106. ENFORCEMENT OF RESTRICTIONS ON IMPORTATION AND OF REQUIREMENT
OF NOTICE OF TRANSFER.
Section 1010(d)(6) of the Controlled Substances Import and Export
Act (21 U.S.C. 960(d)(6)) is amended to read as follows:
``(6) imports a listed chemical in violation of section
1002, imports or exports such a chemical in violation of
section 1007 or 1018, or transfers such a chemical in violation
of section 1018(d); or''.
TITLE II--INTERNATIONAL REGULATION OF PRECURSOR CHEMICALS
SEC. 201. INFORMATION ON FOREIGN CHAIN OF DISTRIBUTION; IMPORT
RESTRICTIONS REGARDING FAILURE OF DISTRIBUTORS TO
COOPERATE.
Section 1018 of the Controlled Substances Import and Export Act (21
U.S.C. 971), as amended by section 105(a) of this Act, is further
amended by adding at the end the following subsection:
``(g)(1) With respect to a registered person importing ephedrine,
pseudoephedrine, or phenylpropanolamine (referred to in this section as
an `importer'), a notice of importation under subsection (a) or (b)
shall include all information known to the importer on the chain of
distribution of such chemical from the manufacturer to the importer.
``(2) For the purpose of preventing or responding to the diversion
of ephedrine, pseudoephedrine, or phenylpropanolamine for use in the
illicit production of methamphetamine, the Attorney General may, in the
case of any person who is a manufacturer or distributor of such
chemical in the chain of distribution referred to in paragraph (1)
(which person is referred to in this subsection as a `foreign-chain
distributor'), request that such distributor provide to the Attorney
General information known to the distributor on the distribution of the
chemical, including sales.
``(3) If the Attorney General determines that a foreign-chain
distributor is refusing to cooperate with the Attorney General in
obtaining the information referred to in paragraph (2), the Attorney
General may, in accordance with procedures that apply under subsection
(c), issue an order prohibiting the importation of ephedrine,
pseudoephedrine, or phenylpropanolamine in any case in which such
distributor is part of the chain of distribution for such chemical. Not
later than 60 days prior to issuing the order, the Attorney General
shall publish in the Federal Register a notice of intent to issue the
order. During such 60-day period, imports of the chemical with respect
to such distributor may not be restricted under this paragraph.''.
SEC. 202. REQUIREMENTS RELATING TO THE LARGEST EXPORTING AND IMPORTING
COUNTRIES OF CERTAIN PRECURSOR CHEMICALS.
(a) Reporting Requirements.--Section 489(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding at the
end the following new paragraph:
``(8)(A) A separate section that contains the following:
``(i) An identification of the five countries that
exported the largest amount of pseudoephedrine,
ephedrine, and phenylpropanolamine (including the
salts, optical isomers, or salts of optical isomers of
such chemicals, and also including any products or
substances containing such chemicals) during the
preceding calendar year.
``(ii) An identification of the five countries that
imported the largest amount of the chemicals described
in clause (i) during the preceding calendar year and
have the highest rate of diversion of such chemicals
for use in the illicit production of methamphetamine
(either in that country or in another country).
``(iii) An economic analysis of the total worldwide
production of the chemicals described in clause (i) as
compared to the legitimate demand for such chemicals
worldwide.
``(B) The identification of countries that imported the
largest amount of chemicals under subparagraph (A)(ii) shall be
based on the following:
``(i) An economic analysis that estimates the
legitimate demand for such chemicals in such countries
as compared to the actual or estimated amount of such
chemicals that is imported into such countries.
``(ii) The best available data and other
information regarding the production of methamphetamine
in such countries and the diversion of such chemicals
for use in the production of methamphetamine.''.
(b) Annual Certification Procedures.--Section 490(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended--
(1) in paragraph (1), by striking ``major illicit drug
producing country or major drug-transit country'' and inserting
``major illicit drug producing country, major drug-transit
country, or country identified pursuant to clause (i) or (ii)
of section 489(a)(8)(A) of this Act''; and
(2) in paragraph (2), by inserting after ``(as determined
under subsection (h))'' the following: ``or country identified
pursuant to clause (i) or (ii) of section 489(a)(8)(A) of this
Act''.
(c) Conforming Amendment.--Section 706 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1) is amended in
paragraph (5) by adding at the end the following:
``(C) Nothing in this section shall affect the requirements
of section 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j) with respect to countries identified pursuant to section
clause (i) or (ii) of 489(a)(8)(A) of the Foreign Assistance
Act of 1961.''.
(d) Plan to Address Diversion of Precursor Chemicals.--In the case
of each country identified pursuant to clause (i) or (ii) of section
489(a)(8)(A) of the Foreign Assistance Act of 1961 (as added by
subsection (a)) with respect to which the President has not transmitted
to Congress a certification under section 490(b) of such Act (22 U.S.C.
2291j(b)), the Secretary of State, in consultation with the Attorney
General, shall, not later than 180 days after the date on which the
President transmits the report required by section 489(a) of such Act
(22 U.S.C. 2291h(a)), submit to Congress a comprehensive plan to
address the diversion of the chemicals described in section
489(a)(8)(A)(i) of such Act to the illicit production of
methamphetamine in such country or in another country, including the
establishment, expansion, and enhancement of regulatory, law
enforcement, and other investigative efforts to prevent such diversion.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of State to carry out section 489(a)(8)
of the Foreign Assistance Act of 1961 (as added by subsection (a))
$1,000,000 for each of the fiscal years 2006 and 2007.
SEC. 203. PREVENTION OF SMUGGLING OF METHAMPHETAMINE INTO THE UNITED
STATES FROM MEXICO.
(a) In General.--The Secretary of State, acting through the
Assistant Secretary of the Bureau for International Narcotics and Law
Enforcement Affairs, shall take such actions as are necessary to
prevent the smuggling of methamphetamine into the United States from
Mexico.
(b) Specific Actions.--In carrying out subsection (a), the
Secretary shall--
(1) improve bilateral efforts at the United States-Mexico
border to prevent the smuggling of methamphetamine into the
United States from Mexico;
(2) seek to work with Mexican law enforcement authorities
to improve the ability of such authorities to combat the
production and trafficking of methamphetamine, including by
providing equipment and technical assistance, as appropriate;
and
(3) encourage the Government of Mexico to take immediate
action to reduce the diversion of pseudoephedrine by drug
trafficking organizations for the production and trafficking of
methamphetamine.
(c) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
submit to the appropriate congressional committees a report on the
implementation of this section for the prior year.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $4,000,000 for
each of the fiscal years 2006 and 2007.
TITLE III--ENHANCED CRIMINAL PENALTIES FOR METHAMPHETAMINE PRODUCTION
AND TRAFFICKING
SEC. 301. ENHANCED PENALTIES FOR METHAMPHETAMINE PRODUCTION,
POSSESSION, OR TRAFFICKING.
(a) Manufacture, Distribution, Dispensation, or Certain Possession
of Methamphetamine.--Section 401 of the Controlled Substances Act (21
U.S.C. 841) is amended--
(1) in subsection (b)(1)(A)(viii)--
(A) by striking ``50 grams'' and inserting ``5
grams''; and
(B) by striking ``500 grams'' and inserting ``50
grams''; and
(2) in subsection (b)(1)(b)(viii)--
(A) by striking ``5 grams'' and inserting ``3
grams''; and
(B) by striking ``50 grams'' and inserting ``30
grams''.
(b) Importation or Exportation of Methamphetamine.--Section 1010 of
the Controlled Substances Import and Export Act (21 U.S.C. 960) is
amended--
(1) in subsection (b)(1)(H)--
(A) by striking ``50 grams'' and inserting ``5
grams''; and
(B) by striking ``500 grams'' and inserting ``50
grams''; and
(2) in subsection (b)(2)(H)--
(A) by striking ``5 grams'' and inserting ``3
grams''; and
(B) by striking ``50 grams'' and inserting ``30
grams''.
SEC. 302. SMUGGLING METHAMPHETAMINE OR METHAMPHETAMINE PRECURSOR
CHEMICALS INTO THE UNITED STATES WHILE USING FACILITATED
ENTRY PROGRAMS.
(a) Enhanced Prison Sentence.--The sentence of imprisonment imposed
on a person convicted of an offense under the Controlled Substances Act
(21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.), involving methamphetamine or any listed
chemical that is defined in section 102(33) of the Controlled
Substances Act (21 U.S.C. 802(33), shall, if the offense is committed
under the circumstance described in subsection (b), be increased by a
consecutive term of imprisonment of not more than 15 years.
(b) Circumstances.--For purposes of subsection (a), the
circumstance described in this subsection is that the offense described
in subsection (a) was committed by a person who--
(1) was enrolled in, or who was acting on behalf of any
person or entity enrolled in, any dedicated commuter lane,
alternative or accelerated inspection system, or other
facilitated entry program administered or approved by the
Federal Government for use in entering the United States; and
(2) committed the offense while entering the United States,
using such lane, system, or program.
(c) Permanent Ineligibility.--Any person whose term of imprisonment
is increased under subsection (a) shall be permanently and irrevocably
barred from being eligible for or using any lane, system, or program
described in subsection (b)(1).
SEC. 303. MANUFACTURING CONTROLLED SUBSTANCES ON FEDERAL PROPERTY.
Subsection (b) of section 401 of the Controlled Substances Act (21
U.S.C. 841(b)) is amended in paragraph (5) by inserting ``or
manufacturing'' after ``cultivating''.
SEC. 304. INCREASED PUNISHMENT FOR METHAMPHETAMINE KINGPINS.
Section 408 of the Controlled Substances Act (21 U.S.C. 848) is
amended by adding at the end the following:
``(s) Special Provision for Methamphetamine.--For the purposes of
subsection (b), in the case of continuing criminal enterprise involving
methamphetamine or its salts, isomers, or salts of isomers, paragraph
(2)(A) shall be applied by substituting `100' for `300', and paragraph
(2)(B) shall be applied by substituting `$1,000,000' for `$10 million
dollars'.''.
TITLE IV--ENHANCED ENVIRONMENTAL REGULATION OF METHAMPHETAMINE BY-
PRODUCTS
SEC. 401. DESIGNATION OF BY-PRODUCTS OF METHAMPHETAMINE LABORATORIES AS
HAZARDOUS MATERIALS AND WASTE UNDER HAZARDOUS MATERIALS
TRANSPORTATION ACT AND SOLID WASTE DISPOSAL ACT.
(a) Hazardous Materials Transportation Act.--The Secretary of
Transportation, after consultation with the Attorney General, shall
utilize the authority provided by section 5103 of title 49, United
States Code, to designate as hazardous materials for purposes of
chapter 51 of such title those by-products of the methamphetamine-
production process that the Secretary determines may pose an
unreasonable risk to health and safety or property when transported in
commerce in a particular amount and form.
(b) Solid Waste Disposal Act.--The Administrator of the
Environmental Protection Agency, after consultation with the Attorney
General, shall utilize the authority provided by section 3001 of the
Solid Waste Disposal Act (42 U.S.C. 6921) to designate as hazardous
waste for purposes of such Act (42 U.S.C. 6901 et seq.) those by-
products of the methamphetamine-production process that the
Administrator determines are likely to cause long-term harm to the
environment in the event of improper disposal and inadequate
remediation.
(c) Time for Designation; Additional Designations.--The
designations required by subsections (a) and (b) shall be completed not
later than 18 months after the date of the enactment of this Act. After
the expiration of such 18-month period, if the Secretary of
Transportation or the Administrator of the Environmental Protection
Agency determines that additional by-products of the methamphetamine-
production process meet the criteria for designation pursuant to
subsection (a) or (b), respectively, then the Secretary or the
Administrator (as the case may be), after consultation with the
Attorney General, shall designate the by-products accordingly.
SEC. 402. CLEANUP COSTS.
Section 413(q) of the Controlled Substances Act (21 U.S.C. 853(q))
is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
the possession, or the possession with intent to distribute, ''
after ``manufacture''; and
(2) in paragraph (2), by inserting ``, or on premises or in
property that the defendant owns, resides, or does business
in'' after ``by the defendant''.
<all>
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.
Referred to the Subcommittee on Highways, Transit and Pipelines.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Subcommittee Hearings Held.
Referred to the Subcommittee on Health.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 8 - 2.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 31 - 0.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
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Reported (Amended) by the Committee on Judiciary. H. Rept. 109-299, Part I.
Reported (Amended) by the Committee on Judiciary. H. Rept. 109-299, Part I.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-299, Part II.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-299, Part II.
Committee on International Relations discharged.
Committee on International Relations discharged.
Committee on Transportation discharged.
Committee on Transportation discharged.
Placed on the Union Calendar, Calendar No. 167.