Page:United States Statutes at Large Volume 120.djvu/301

 120 STAT. 270

PUBLIC LAW 109–177—MAR. 9, 2006

(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 21 USC 865.

SEC. 731. 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. 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 KINGPINS.

Applicability.

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 ‘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:

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