IB 
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. PETER-
SON of Pennsylvania, Mr. BOREN, Ms. HERSETH, Mr. FRANKS of Ari-
zona, 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 En-
ergy and Commerce, and in addition to the Committees on the Judiciary, 
International Relations, and Transportation and Infrastructure, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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. EMER-
SON, 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 Representa-
tives 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 
øSec. 101. Regulated transactions in methamphetamine precursor chemical 
products.¿ 
Sec. 101. Scheduled listed chemical products; restrictions on 
sales quantity, behind-the-counter access, and 
other safeguards. 
Sec. 102. Regulated transactions. 
Sec. ø102¿ 103. Authority to establish production quotas. 
Sec. ø103¿ 104. Penalties; authority for manufacturing; quota. 
Sec. ø104¿ 105. Restrictions on importation; authority to permit imports for 
medical, scientific, or other legitimate purposes.
Sec. ø105¿ 106. Notice of importation or exportation; approval of sale or 
transfer by importer or exporter. 
Sec. ø106¿ 107. Enforcement of restrictions on importation and of require-
ment of notice of transfer. 
Sec. 108. Coordination with United States Trade Representa-
tive. 
TITLE II—INTERNATIONAL REGULATION OF PRECURSOR 
CHEMICALS 
Sec. 201. Information on foreign chain of distribution; import restrictions re-
garding failure of distributors to cooperate. 
Sec. 202. Requirements relating to the largest exporting and importing coun-
tries 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. 301. Possession of scheduled listed chemical with intent to manufacture con-
trolled substance. 
Sec. 302. Smuggling methamphetamine or methamphetamine precursor chemi-
cals into the united states while using facilitated entry pro-
grams. 
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 
øSec. 401. Designation of by-products of methamphetamine laboratories as 
hazardous materials and waste under Hazardous Materials 
Transportation Act and Solid Waste Disposal Act.¿ 
Sec. 401. Biennial report to congress on agency designations of 
by-products of methamphetamine laboratories as 
hazardous materials. 
Sec. 402. Methamphetamine production report. 
Sec. ø402¿ 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.
øTITLE
I—DOMESTIC
REGULA-
TION OF PRECURSOR CHEMI-
CALS 
øSEC. 101. REGULATED TRANSACTIONS IN METHAMPHET-
AMINE PRECURSOR CHEMICAL PRODUCTS. 
ø(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 phen-
ylpropanolamine 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 infea-
sible, packaged in unit dose packets or pouches.’’ 
ø(b) ELIMINATION OF BLISTER PACK EXEMPTION.— 
ø(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)’’.
ø(2)
DEFINITION;
CONFORMING
AMEND-
MENTS.—The Controlled Substances Act (21 U.S.C. 
801 et seq.) is amended— 
ø(A) in section 102— 
ø(i) by striking paragraph (45); and 
ø(ii) by redesignating paragraph (46) 
as paragraph (45); 
ø(B) in section 204(e), by striking ‘‘shall’’ 
the first time it appears and inserting ‘‘may’’; 
and 
ø(C) in section 310(b)(3)(D)(ii), by strik-
ing ‘‘102(46)’’ and inserting ‘‘102(45)’’. 
ø(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). 
ø(d)
COMBINATIONS
INVOLVING
DERIVATIVES.— 
Section 102(39) of the Controlled Substances Act (21 
U.S.C. 802(39)) is amended— 
ø(1) in subparagraph (A)(iv)(I)(aa), by striking 
‘‘the drug contains’’ and all that follows through 
‘‘unless otherwise provided’’ and inserting the fol-
lowing:
‘‘the
drug
contains
ephedrine, 
pseudoephedrine,
or
phenylpropanolamine
unless 
otherwise provided’’; and