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(B) striking ‘‘1 kilogram or more of a mix-
ture or substance containing a detectable
amount of methamphetamine’’ and inserting
‘‘500 grams or more of a mixture or substance
containing a detectable amount of methamphet-
amine’’.
(2) 
SMALLER
AMOUNTS.—Section
401(b)(1)(B)(viii) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(B)(viii)) is amended by—
(A) striking ‘‘10 grams or more of meth-
amphetamine,’’ and inserting ‘‘5 grams or more
of methamphetamine,’’; and
(B) striking ‘‘100 grams or more of a mix-
ture or substance containing a detectable
amount of methamphetamine’’ and inserting
‘‘50 grams or more of a mixture or substance
containing a detectable amount of methamphet-
amine’’.
(b) IMPORT AND EXPORT ACT.—
(1) LARGE AMOUNTS.—Section 1010(b)(1)(H)
of the Controlled Substances Import and Export Act
(21 U.S.C. 960(b)(1)(H)) is amended by—
(A) striking ‘‘100 grams or more of meth-
amphetamine,’’ and inserting ‘‘50 grams or
more of methamphetamine,’’; and
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(B) striking ‘‘1 kilogram or more of a mix-
ture or substance containing a detectable
amount of methamphetamine’’ and inserting
‘‘500 grams or more of a mixture or substance
containing a detectable amount of methamphet-
amine’’.
(2) 
SMALLER
AMOUNTS.—Section
1010(b)(2)(H) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)(2)(H)) is amend-
ed by—
(A) striking ‘‘10 grams or more of meth-
amphetamine,’’ and inserting ‘‘5 grams or more
of methamphetamine,’’; and
(B) striking ‘‘100 grams or more of a mix-
ture or substance containing a detectable
amount of methamphetamine’’ and inserting
‘‘50 grams or more of a mixture or substance
containing a detectable amount of methamphet-
amine’’.
SEC. 302. PENALTY INCREASES FOR TRAFFICKING IN LIST-
ED CHEMICALS.
(a) 
CONTROLLED
SUBSTANCES
ACT.—Section
401(d) of the Controlled Substances Act (21 U.S.C.
841(d)) is amended by striking the period and inserting
the following: ‘‘or, with respect to a violation of paragraph
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(1) or (2) of this subsection involving a list I chemical,
if the Government proves the quantity of controlled sub-
stance that could reasonably have been manufactured in
a clandestine setting using the quantity of list I chemicals
possessed or distributed, the penalty corresponding to the
quantity of controlled substance that could have been pro-
duced under subsection (b).’’.
(b) CONTROLLED SUBSTANCE IMPORT AND EXPORT
ACT.—Section 1010(d) of the Controlled Substance Im-
port and Export Act (21 U.S.C. 960(d)) is amended by
striking the period and inserting the following: ‘‘, or, with
respect to an importation violation of paragraph (1) or
(3) of this subsection involving a list I chemical, if the
Government proves the quantity of controlled substance
that could reasonably have been manufactured in a clan-
destine setting using the quantity of list I chemicals im-
ported, the penalty corresponding to the quantity of con-
trolled substance that could have been produced under
title II.’’.
(c) DETERMINATION OF QUANTITY.—
(1) IN GENERAL.—For the purposes of this sec-
tion and the amendments made by this section, the
quantity of controlled substance that could reason-
ably have been manufactured shall be determined by
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using a table of manufacturing conversion ratios for
list I chemicals.
(2) TABLE.—The table shall be—
(A) established by the United States Sen-
tencing Commission based on scientific, law en-
forcement, and other data the Sentencing Com-
mission deems appropriate; and
(B) dispositive of this issue.
SEC. 303. ENHANCED PENALTY FOR DANGEROUS HAN-
DLING 
OF 
CONTROLLED 
SUBSTANCES:
AMENDMENT OF SENTENCING GUIDELINES.
(a) IN GENERAL.—Pursuant to its authority under
section 994 of title 28, United States Code, the United
States Sentencing Commission shall determine whether
the Sentencing Guidelines adequately punish an offense
described in subsection (b) and, if not, promulgate guide-
lines or amend existing guidelines to provide an appro-
priate enhancement of the punishment for a defendant
convicted of that offense.
(b) OFFENSE.—The offense referred to in subsection
(a) is a violation of section 401(d), 401(g)(1), 403(a)(6),
or 403(a)(7) of the Controlled Substances Act (21 U.S.C.
841(d), 841(g)(1), 843(a)(6), and 843(a)(7)), if in the
commission of the offense the defendant violated—
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(1) subsection (d) or (e) of section 3008 of the
Solid Waste Disposal Act (relating to handling haz-
ardous waste in a manner inconsistent with Federal
or applicable State law);
(2) section 103(b) of the Comprehensive Envi-
ronmental Response, Compensation and Liability
Act (relating to failure to notify as to the release of
a reportable quantity of a hazardous substance into
the environment);
(3) 
section 
301(a), 
307(d), 
309(c)(2),
309(c)(3), 311(b)(3), or 311(b)(5) of the Federal
Water Pollution Control Act (relating to the unlaw-
ful discharge of pollutants or hazardous substances,
the operation of a source in violation of a
pretreatment standard, and the failure to notify as
to the release of a reportable quantity of a hazard-
ous substance into the water); or
(4) section 5124 of title 49, United States Code
(relating to violations of laws and regulations en-
forced by the Department of Transportation with re-
spect to the transportation of hazardous material).
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TITLE 
IV—LEGAL 
MANUFAC-
TURE, 
DISTRIBUTION, 
AND
SALE OF PRECURSOR CHEMI-
CALS
SEC. 401. DIVERSION OF CERTAIN PRECURSOR CHEMI-
CALS.
(a) IN GENERAL.—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
‘‘as’’ through the semicolon and inserting ‘‘,
pseudoephedrine or its salts, optical isomers, or salts
of optical isomers, or phenylpropanolamine or its
salts, optical isomers, or salts of optical isomers un-
less otherwise provided by regulation of the Attorney
General issued pursuant to section 204(e) of this
title;’’; and
(2) in subparagraph (A)(iv)(II), by inserting ‘‘,
pseudoephedrine, 
phenylpropanolamine,’’ 
after
‘‘ephedrine’’.
(b) LEGITIMATE RETAILERS.—Section 102 of the
Controlled Substances Act (21 U.S.C. 802) is amended—
(1) in paragraph (39)(A)(iv)(I)(aa), by insert-
ing before the semicolon the following: ‘‘, except that
any 
sale 
of 
ordinary 
over-the-counter
pseudoephedrine, phenylpropanolamine, or combina-