H. R. 3199—78
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 Rela-
tions 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 consulta-
tion 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 Con-
gress a comprehensive plan to address the diversion of the chemicals 
described in section 489(a)(8)(A)(i) of such Act to the illicit produc-
tion of methamphetamine in such country or in another country, 
including the establishment, expansion, and enhancement of regu-
latory, 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. 723. 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 Sec-
retary 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 produc-
tion and trafficking of methamphetamine, including by pro-
viding 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 traf-
ficking organizations for the production and trafficking of meth-
amphetamine. 
(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.
H. R. 3199—79
(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. 
Subtitle C—Enhanced Criminal Penalties 
for Methamphetamine Production and 
Trafficking 
SEC. 731. SMUGGLING METHAMPHETAMINE OR METHAMPHETAMINE 
PRECURSOR CHEMICALS INTO THE UNITED STATES 
WHILE USING FACILITATED ENTRY PROGRAMS. 
(a) ENHANCED PRISON SENTENCE.—The sentence of imprison-
ment imposed on a person convicted of an offense under the Con-
trolled 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 cir-
cumstance 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 Govern-
ment 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 perma-
nently and irrevocably barred from being eligible for or using any 
lane, system, or program described in subsection (b)(1). 
SEC. 732. 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. 733. INCREASED PUNISHMENT FOR METHAMPHETAMINE KING-
PINS. 
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 pur-
poses 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. 734. 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:
H. R. 3199—80
‘‘CONSECUTIVE SENTENCE FOR MANUFACTURING OR DISTRIBUTING, OR 
POSSESSING WITH INTENT TO MANUFACTURE OR DISTRIBUTE, METH-
AMPHETAMINE ON PREMISES WHERE CHILDREN ARE PRESENT OR 
RESIDE 
‘‘SEC. 419a. Whoever violates section 401(a)(1) by manufac-
turing 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 Com-
prehensive 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 prem-
ises where children are present or reside.’’.
SEC. 735. 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 rea-
sons’’; 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. 736. 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 Inves-
tigation for the investigation and prosecution of alleged viola-
tions of the Controlled Substances Act involving methamphet-
amine; and 
(2) the measures being taken to give priority in the alloca-
tion of such resources to such violations involving—
(A) persons alleged to have imported into the United 
States substantial quantities of methamphetamine or 
scheduled listed chemicals (as defined pursuant to the 
amendment made by section 711(a)(1));
H. R. 3199—81
(B) persons alleged to have manufactured methamphet-
amine; and 
(C) circumstances in which the violations have endan-
gered children. 
(b) CONGRESSIONAL COMMITTEES.—The congressional commit-
tees 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. 
Subtitle D—Enhanced Environmental Reg-
ulation of Methamphetamine Byproducts 
SEC. 741. BIENNIAL REPORT TO CONGRESS ON AGENCY DESIGNATIONS 
OF BY-PRODUCTS OF METHAMPHETAMINE LABORA-
TORIES 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. 742. 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 enforce-
ment agencies, States, and other relevant stakeholders that identi-
fies 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. 743. 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’’.