[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3568 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3568

 To amend the Controlled Substances Act to provide for the transfer of 
 ephedrine, pseudoephedrine, and phenylpropanolamine to schedule V of 
    the schedules of controlled substances, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

   Mr. Latham (for himself, Mr. Boswell, Mr. Leach, and Mr. Nussle) 
 introduced the following bill; which was referred to the Committee on 
Energy and Commerce, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Controlled Substances Act to provide for the transfer of 
 ephedrine, pseudoephedrine, and phenylpropanolamine to schedule V of 
    the schedules of controlled substances, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Angie Fatino Save Our Children from 
Meth Act of 2005''.

SEC. 2. SCHEDULES OF CONTROLLED SUBSTANCES; TRANSFER OF EPHEDRINE, 
              PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE TO SCHEDULE V.

    (a) In General.--The Controlled Substances Act (21 U.S.C. 801 et 
seq.) is amended by inserting after section 202 the following section:

``SEC. 202A. SCHEDULING OF EPHEDRINE, PSEUDOEPHEDRINE, AND 
              PHENYLPROPANOLAMINE.

    ``(a) Schedule V.--With respect to schedule V of the schedules of 
controlled substances established under section 202(c), the Attorney 
General shall by regulation, not later than 90 days after the date of 
the enactment of the Angie Fatino Save Our Children from Meth Act of 
2005, transfer to such schedule the following chemicals, subject to 
subsection (b):
            ``(1) Ephedrine.
            ``(2) Pseudoephedrine.
            ``(3) Phenlypropanolamine.
            ``(4) Each of the salts, optical isomers, and salts of 
        optical isomers of the chemicals specified in paragraphs (1) 
        through (3).
    ``(b) Pseudoephedrine in Certain Products; Continued Regulation as 
List I Chemical.--Subject to the authority of the Attorney General 
under this Act to designate substances as controlled substances or 
listed chemicals:
            ``(1) Subsection (a) does not apply to pseudoephedrine when 
        contained in a product that--
                    ``(A) is in the form of a liquid, liquid capsule, 
                or liquid-filled gel capsule;
                    ``(B) does not contain more than 360 milligrams of 
                pseudoephedrine; and
                    ``(C) is approved under section 505 of the Federal 
                Food, Drug, and Cosmetic Act.
            ``(2) Pseudoephedrine, when contained in such a product, 
        shall be considered a list I chemical.''.
    (b) Definitions.--Section 102 of the Controlled Substances Act (21 
U.S.C. 102) is amended by adding at the end the following paragraph:
            ``(46)(A) The term `pseudoephedrine' includes each of the 
        salts, optical isomers, and salts of optical isomers of 
        pseudoephedrine.
            ``(B) The term `schedule V pseudoephedrine product' means a 
        product that contains pseudoephedrine and--
                    ``(i) is not a list I pseudoephedrine product; and
                    ``(ii) is approved under section 505 of the Federal 
                Food, Drug, and Cosmetic Act.
            ``(C) The term `list I pseudoephedrine product' means a 
        product that contains pseudoephedrine and is described in 
        section 202A(b)(1).''.

SEC. 3. REGULATION OF PSEUDOEPHEDRINE AS LIST I CHEMICAL; EXCEPTIONS 
              FROM DEFINITION OF REGULATED TRANSACTION; CONFORMING 
              AMENDMENTS REGARDING SCHEDULE V PRODUCTS.

    (a) In General.--Section 102 of the Controlled Substances Act (21 
U.S.C. 802) is amended--
            (1) in paragraph (39)(A), by amending clause (iv) to read 
        as follows:
                    ``(iv)(I) subject to to subclause (II), any 
                transaction in a listed chemical that is contained in a 
                drug that may be marketed or distributed lawfully in 
                the United States under the Federal Food, Drug, and 
                Cosmetic Act unless--
                            ``(aa) the Attorney General has determined 
                        under section 204 that the drug or group of 
                        drugs is being diverted to obtain the listed 
                        chemical for use in the illicit production of a 
                        controlled substance; and
                            ``(bb) the quantity of the listed chemical 
                        contained in the drug included in the 
                        transaction or multiple transactions equals or 
                        exceeds the threshold established for that 
                        chemical by the Attorney General; or
                    ``(II) any transaction in a list I pseudoephedrine 
                product, unless the Attorney General has determined 
                under section 204 that the product is being diverted to 
                obtain pseudoephedrine for use in the illicit 
                production of a controlled substance; or'';
            (2) by striking paragraph (45); and
            (3) by redesignating the paragraph (46) that relates to 
        retail distributor as paragraph (45).
    (b) Conforming Amendment.--Section 310(b)(3)(D)(ii) of the 
Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(ii)) is amended by 
striking ``102(46)'' and inserting ``102(45)''.

SEC. 4. RESTRICTIONS ON NONPRESCRIPTION RETAIL SALES OF PSEUDOEPHEDRINE 
              PRODUCTS.

    (a) List I and Schedule V Products; Registration Conditions.--
Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended 
by adding at the end the following subsection:
    ``(i)(1) With respect to list I pseudoephedrine products, a 
registration under this section that includes authority for the sale of 
such products at retail (including a registration for a pharmacy) shall 
provide that, for the general physical location for which the 
registration is issued, the registration is subject to the following 
conditions:
            ``(A) In offering the products for sale, the registrant 
        places the products such that customers do not have direct 
        access to the products (commonly known as behind the counter).
            ``(B) The registrant does not sell such a product that is 
        in the form of a package that can be further broken down or 
        subdivided into two or more separate and distinct packages.
            ``(C) The registrant does not knowingly sell to an 
        individual more than one such product during a 24-hour period.
            ``(D) The registrant maintains a written list of sales of 
        such products that identifies the products, the purchasers, and 
        the dates and times of the sales (which list is referred to in 
        this subsection as the `logbook').
            ``(E) The registrant does not sell such a product unless--
                    ``(i) the prospective purchaser--
                            ``(I) is 18 years of age or older;
                            ``(II) presents an identification card that 
                        provides a photograph and is issued by a State 
                        or the Federal Government; and
                            ``(III) legibly signs the logbook and 
                        prints in the logbook his or her name, address, 
                        and the date and time of the sale; and
                    ``(ii) the registrant determines that the name 
                signed and printed in the logbook corresponds to the 
                name provided on such identification and that the date 
                and time entered are correct.
            ``(F) After a volume of the logbook is full, the registrant 
        maintains possession of the volume for not fewer than 12 months 
        after the date of the last sale entered in the logbook.
            ``(G) The registrant does not offer a promotion in which, 
        as part of a purchase transaction, such a product is provided 
        without charge.
            ``(H) On the premises of the location, the registrant posts 
        a clear and conspicuous notice providing as follows: `Federal 
        law prohibits the over-the-counter purchase of more than one 
        product containing pseudoephedrine in a 24-hour period, and 
        prohibits the over-the-counter purchase of more than 7,500 
        milligrams of pseudoephedrine within a 30-day period. If you 
        make an over-the-counter purchase of such a product, you are 
        required to sign a logbook that may be accessible to law 
        enforcement officers.'.
    ``(2) With respect to schedule V pseudoephedrine products that do 
not require prescriptions, a registration under this section for a 
pharmacy shall provide that, for the general physical location 
involved, the registration is subject to the following conditions:
            ``(A) The registrant does not dispense such a product 
        unless--
                    ``(i) the prospective purchaser is 18 years of age 
                or older; and
                    ``(ii) in any case in which the prospective 
                purchaser is not known to the pharmacist involved, such 
                purchaser presents an identification card that provides 
                a photograph, is issued by a State or the Federal 
                Government, and indicates the age of such purchaser.
            ``(B) The registrant maintains a record for the dispensing 
        of such a product that contains, for each sale of the product--
                    ``(i) the name and address of the purchaser;
                    ``(ii) the name and quantity of the product 
                purchased;
                    ``(iii) the date of the purchase; and
                    ``(iv) the name or unique identification of the 
                pharmacist involved.
            ``(C) The record under subparagraph (B) is in one or more 
        of the following forms:
                    ``(i) A hard-copy record.
                    ``(ii) A record in an electronic prescription-
                dispensing system.
                    ``(iii) A record in an electronic data collection 
                system that contains the information required in this 
                subparagraph and that is capable of producing a hard-
                copy printout of the record.''.
    (b) Penalties.--Section 402(a) of the Controlled Substances Act (21 
U.S.C. 842(a)) is amended--
            (1) in paragraph (10), by striking ``or'' after the 
        semicolon at the end;
            (2) in paragraph (11), by striking the period at the end 
        and inserting ``; or''; and
            (3) by inserting after paragraph (11) the following 
        paragraph:
            ``(12) who is a registrant to violate any of the 
        registration conditions described in section 303(i) (relating 
        to the sale of list I and schedule V pseudoephedrine 
        products).''.

SEC. 5. RESTRICTIONS ON PURCHASES OF PSEUDOEPHEDRINE.

    Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) 
is amended by inserting after the second sentence the following: ``It 
shall be unlawful for any person to knowingly or intentionally purchase 
at retail without a prescription more than one list I pseudoephedrine 
product during a 24-hour period, or to knowingly or intentionally 
purchase such a product at retail without legibly signing the 
appropriate logbook referred to in section 303(i)(1)(D). It shall be 
unlawful for any person to knowingly or intentionally purchase at 
retail without a prescription more than 7,500 milligrams of 
pseudoephedrine in list I or schedule V pseudoephedrine products during 
a 30-day period.''.
                                 <all>