Methamphetamine Epidemic Elimination Act

Methamphetamine Epidemic Elimination Act - Title I: Domestic Regulation of Precursor Chemicals - (Sec. 101) Amends the Controlled Substances Act to amend the definition of "regulated transaction" to: (1) reduce the threshold for the sale in a single transaction of products containing pseudoephedrine or phenylpropanolamine from 9 grams to 3.6 grams; (2) require that pseudoephedrine or phenylpropanolamine in a non-liquid form be packaged in blister packs if technically feasible or otherwise packaged in unit dose packets or pouches; and (3) include the ordinary over-the-counter sale of pseudoephedrine or phenylpropanolamine products in blister packs. (Current law provides an exclusion for such products.)

Allows (currently, requires) the Attorney General to reinstate the exemption of particular ephedrine, pseudoephedrine, or phenylpropanolamine drug products from inclusion as a "regulated transaction" if the Attorney General determines that the drug product is manufactured and distributed in a manner that prevents diversion.

Provides that references to ephedrine, pseudoephedrine, and phenylpropanolamine include each of the salts, optical isomers, and salts of optical isomers of such chemicals.

(Sec. 102) Includes ephedrine, pseudoephedrine, and phenylpropanolamine among the substances for which the Attorney General must establish production quotas.

(Sec. 103) 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. 104) 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. 105) 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.

(Sec. 106) Imposes penalties for: (1) importing a listed chemical in violation of established quota requirements; or (2) transferring such a chemical in violation of notice requirements.

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 known to the distributor on the distribution of the chemical, 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 U.S. 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) Amends the Controlled Substances Act to impose penalties upon any person who knowingly or intentionally possesses ephedrine, pseudoephedrine, or phenylpropanolamine with intent to manufacture a controlled substance.

(Sec. 302) Increases penalties for violations of the Controlled Substances Act 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 was enrolled in, and used in committing the offense, 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. Bars such a person from using any such lane, system, or program permanently.

(Sec. 303) Sets forth additional penalties for violations of the Controlled Substances Act that involve the manufacture of a controlled substance on federal property.

(Sec. 304) Sets forth the circumstances under which the leader of a continuing criminal enterprise involving methamphetamine can receive life imprisonment.

(Sec. 305) Increases penalties for violating the Controlled Substances Act by manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphetamine on premises in which an individual who is under the age of 18 years is present or resides.

(Sec. 306) Amends the federal judicial code to require that information submitted by the Chief Judge of the District Court regarding the imposition of sentences in criminal cases be in a format approved and required by the United States Sentencing Commission.

(Sec. 307) Requires the Attorney General to report to relevant congressional committees and organizations semiannually on: (1) the allocation of resources of the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI) 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 resource allocation to violations involving the importation of substantial quantities of methamphetamine, or ephedrine, pseudoephedrine, or phenylpropanolamine, the manufacture of methamphetamine, and circumstances that have endangered children.

Title IV: Enhanced Environmental Regulation of Methamphetamine By-Products - (Sec. 401) Requires the Secretary of Transportation to designate as hazardous materials for transportation purposes by-products of the methamphetamine-production process that may pose an unreasonable risk to health and safety or property when transported in commerce.

Requires the Administrator of the Environmental Protection Agency (EPA) to designate as hazardous waste for Solid Waste Disposal Act purposes by-products of the methamphetamine-production process that are likely to cause long-term harm to the environment in the event of improper disposal and inadequate remediation.

(Sec. 402) Requires the court to assess restitution or reimbursement penalties: (1) on defendants convicted of offenses involving possession, or 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.

Title V: Additional Programs and Activities - (Sec. 501) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow drug court grants to only be given to courts with mandatory periodic testing for the use of controlled substances or other addictive substances during supervised release or probation. Requires the Attorney General to specify standards for such testing to ensure that: (1) 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 (2) the testing is accurate and practicable. Allows such standards to require approval of the drug testing regime to ensure that adequate testing occurs.

Requires the Attorney General to specify that grant amounts may be used only for drug courts that impose graduated sanctions that increase punitive measures, therapeutic measures, or both whenever a participant fails a drug test.

(Sec. 502) Authorizes the Attorney General, through the Bureau of Justice Assistance in the Office of Justice Programs, to make grants to states to address the manufacture, sale, and use of methamphetamine to enhance public safety. Allows such grants to be used to: (1) investigate, arrest, and prosecute individuals violating laws related to the use, manufacture, or sale of methamphetamine; (2) reimburse DEA for expenses related to the cleanup of methamphetamine clandestine labs and related environmental damage; (3) support state and local health departments and environmental agency services deployed to address methamphetamine; and (4) procure equipment, technology, or support systems, or pay for resources, if those expenditures will result in the reduction in the use, sale, and manufacture of methamphetamine.

Authorizes appropriations.

(Sec. 503) Directs the Attorney General to make grants to states 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. Requires the Attorney General to ensure that such response includes: (1) coordination among law enforcement agencies, prosecutors, child protective services, and health professionals; and (2) removal of children from toxic or drug-endangering environments.

Authorizes appropriations.