[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3955 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3955
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
September 29, 2005
Mr. King of Iowa 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 ``Meth Lab Eradication Act''.
SEC. 2. TRANSFER OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE
TO SCHEDULE V; EXCEPTION FOR LIST I PSEUDOEPHEDRINE
PRODUCTS.
(a) Transfer to Schedule V; Exception.--Section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)) is amended in schedule V--
(1) by inserting ``(a)'' before ``Any compound''; and
(2) by adding at the end the following:
``(b) Unless specifically excepted or unless listed in another
schedule, any of the following substances, including their salts,
optical isomers, and salts of optical isomers:
``(1) Ephedrine.
``(2) Pseudoephedrine.
``(3) Phenlypropanolamine.
``(c) Pseudoephedrine, including its salts, optical isomers, and
salts of optical isomers, is excepted from this schedule when contained
in a product that--
``(1) is in the form of a liquid, liquid capsule, or
liquid-filled gel capsule;
``(2) does not contain more than 360 milligrams of
pseudoephedrine; and
``(3) is approved under section 505 of the Federal Food,
Drug, and Cosmetic Act.''.
(b) Conforming Amendments Regarding List I Chemicals.--
(1) Definition; striking of provisions relating to
ephedrine and phenylpropanolamine.--Section 102(34) of the
Controlled Substances Act (21 U.S.C. 802(34)) is amended--
(A) by striking subparagraphs (C) and (I);
(B) by redesignating subparagraphs (D) through (H)
as subparagraphs (C) through (G), respectively;
(C) by redesignating subparagraphs (J) through (Y)
as subparagraphs (H) through (W), respectively; and
(D) by moving subparagraphs (N), (Q), and (S) (as
so redesignated) two ems to the left.
(2) List i pseudoephedrine product.--Section 102 of the
Controlled Substances Act (21 U.S.C. 802) is amended--
(A) in paragraph (34), by amending subparagraph (I)
(as redesignated by paragraph (1)(C) of this
subsection) to read as follows:
``(I) Pseudoephedrine, and its salts, optical isomers, and
salts of optical isomers, when contained in a list I
pseudoephedrine product (as defined in paragraph (45)).'';
(B) by striking paragraph (45) and inserting the
following:
``(45) The term `list I pseudoephedrine product' means a chemical
specified in paragraph (34)(I) when contained in a product referred to
in schedule V(c).''; and
(C) in paragraph (46)--
(i) in subparagraph (A), by striking ``or
phenylpropanolamine'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as
subparagraph (B).
(3) Regulated transactions.--The Controlled Substances Act
(21 U.S.C. 801 et seq.) is amended--
(A) in section 102(a)(39)(A), by amending clause
(iv) to read as follows:
``(iv)(I) 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 (other than a list
I pseudoephedrine product) 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 by a retail distributor, 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 methamphetamine; or'';
and
(B) in section 204, by striking subsection (e).
SEC. 3. REQUIREMENTS REGARDING LIST I PSEUDOEPHEDRINE PRODUCTS.
Section 310 of the Controlled Substances Act (21 U.S.C. 830) is
amended--
(1) in subsection (b), by striking paragraph (3); and
(2) by adding at the end the following subsection:
``(d) List I Pseudoephedrine Products.--
``(1) Requirements regarding retail sales.--Each person who
sells at retail a list I pseudoephedrine product shall ensure
that sales of such product are made in accordance with the
following requirements:
``(A) In offering the product for sale, the person
places the product such that customers do not have
direct access to the product before the sale is made
(commonly known as behind-the-counter).
``(B) The person delivers the product directly to
the purchaser, and not through use of the mails or any
private or commercial carrier.
``(C) The person 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.
``(D) The person does not knowingly sell to an
individual more than one such product during a 24-hour
period.
``(E) The person 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 paragraph as the
`logbook)').
``(F) The person 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) signs the logbook and
legibly prints in the logbook his or
her name, address, and the date and
time of the sale; and
``(ii) the person 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.
``(G) The person maintains possession of each
logbook for not fewer than two years after the date of
the last sale entered in the logbook.
``(H) The person does not offer a promotion in
which, as part of a purchase transaction, such a
product is provided without charge.
``(I) On the premises of the location involved, the
person 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) Authority to require certain reports.--
``(A) In general.--With respect to each person who
manufactures a list I pseudoephedrine product, or who
distributes such a product (including a sale at
retail), the Attorney General may by regulation require
the person to report to the Attorney General--
``(i) any uncommon method of payment or
delivery, or any other circumstance that the
person believes may indicate that the product
will be used in violation of this title;
``(ii) any proposed transaction with an
individual or organization whose description or
other identifying characteristic the Attorney
General furnishes in advance to the person; and
``(iii) any unusual or excessive loss or
disappearance of supplies of the product that
are under the control of the person.
``(B) Additional reports for manufacturers and
distributors at wholesale.--With respect to each person
who manufactures a list I pseudoephedrine product, or
who distributes such a product at wholesale, the
Attorney General may by regulation require the person
to report to the Attorney General any transaction
involving an extraordinary quantity of the product.
``(C) Certain regulations.--Regulations under
subparagraphs (A) through (C) of subsection (b)(1)
apply to subparagraphs (A) and (B) of this paragraph to
the extent that the provisions of such subparagraphs of
subsection (b)(1) are identical to the provisions of
such subparagraphs of this paragraph. Subparagraphs (A)
and (B) of this paragraph do not require the Secretary
to promulgate regulations with respect to such
identical provisions.
``(D) Relation to certain exemption.--Subparagraphs
(A) and (B) apply notwithstanding the exemption for
list I pseudoephedrine products under section
102(39)(A)(iv)(II).
``(3) Removal of exception regarding status as list i
chemical.--
``(A) In general.--If the Attorney General
determines that list I pseudoephedrine products are
being diverted for use in the illicit production of
methamphetamine, the Attorney General may by regulation
remove the exception under schedule V(c).
``(B) Relation to section 204.--The authority
established for the Attorney General under subparagraph
(A) is in addition to the authority under section 204.
The Attorney General may apply such section in lieu of
applying subparagraph (A).''.
SEC. 4. REQUIREMENTS REGARDING SCHEDULE V METHAMPHETAMINE-RELATED
PRODUCTS.
(a) In General.--Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended by adding at the end the following subsection:
``(i) With respect to schedule V methamphetamine-related 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 condition that a sale of
such a product at retail be made in accordance with the same
requirements as apply under subparagraphs (B) through (I) of section
310(d)(1) for the sale at retail of list I pseudoephedrine products.''.
(b) Conforming Amendment.--Section 201(g)(1) of the Controlled
Substances Act (21 U.S.C. 811(g)(1)), as amended by section 2(b)(1) of
Public Law 108-358 (118 Stat. 1663), is amended--
(1) by striking ``titles II and III of the Comprehensive
Drug Abuse Prevention and Control Act (21 U.S.C. 802 et seq.)''
and inserting ``this title and title III''; and
(2) by adding at the end the following: ``The preceding
sentence does not apply to controlled substances specified in
schedule V(b).''.
(c) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended--
(1) by redesignating paragraph (46) (as amended by section
2(b)(2)(C) of this Act) as paragraph (47); and
(2) by inserting after paragraph (45) the following
paragraph:
``(46)(A) The term `schedule V methamphetamine-related product'
means a product that is approved under section 505 of the Federal Food,
Drug, and Cosmetic Act and--
``(i) contains ephedrine or phenylpropanolamine; or
``(ii)(I) contains pseudoephedrine; and
``(II) is not a list I pseudoephedrine product.
``(B) The term `schedule V pseudoephedrine product' means a product
described in subparagraph (A) to which clause (ii) of such subparagraph
applies.''.
SEC. 5. ENFORCEMENT.
(a) Sales at Retail of Methamphetamine-Related Products.--
(1) In general.--Section 402 of the Controlled Substances
Act (21 U.S.C. 842) is amended--
(A) in subsection (a)--
(i) in paragraph (5), by inserting ``,
other than section 310(d)(2)'' before the
semicolon;
(ii) in paragraph (10), by striking
``section 310; or'' and inserting ``section
310, other than subsection (d)(2);'';
(iii) in paragraph (11), by striking the
period at the end and inserting a semicolon;
and
(iv) by inserting after paragraph (11) the
following paragraphs:
``(12) who is a retail distributor to knowingly or
negligently sell at retail a list I pseudoephedrine product in
violation of a requirement under section 310(d)(1), or who is a
manufacturer or distributor (retail or wholesale) to fail to
submit a report regarding such a product that is required under
section 310(d)(2) or regulations under such section; or
``(13) who is a pharmacy or pharmacist registered under
section 303(f) to knowingly or negligently sell at retail a
schedule V methamphetamine-related product in violation of any
requirement under section 303(i);''; and
(B) in subsection (c)(1)(B), by inserting before
the period the following: ``, except that this
subparagraph does not apply to a violation of
subsection (a) or (b) of section 310 with respect to a
list I pseudoephedrine product by a person who is not a
retail distributor''.
(2) Conforming amendments.--Section 401 of the Controlled
Substances Act (21 U.S.C. 841) is amended--
(A) in subsection (b)(3), in the first sentence, by
inserting after ``shall'' the following: ``, except to
the extent that section 402(a)(13) applies,''; and
(B) in subsection (f)--
(i) in paragraph (1), by inserting after
``shall'' the following: ``, except to the
extent that section 402(a)(12) applies,''; and
(ii) in paragraph (2), by inserting ``,
other than subsection (d)(2),'' after ``section
310''.
(b) Restrictions on Retail Purchases of Pseudoephedrine Products;
Violation of Logbook Requirements for Methamphetamine-Related
Products.--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
schedule V or list I pseudoephedrine product during a 24-hour period,
or more than 7,500 milligrams of pseudoephedrine in such products
during a 30-day period, or to knowingly or intentionally purchase a
schedule V methamphetamine-related product or a list I pseudoephedrine
product without signing the appropriate logbook and printing
information in accordance with section 310(d)(1)(F)(i)(III) or
303(i).''.
(c) Controlled Substances; Unauthorized Manufacturing-Related
Possession or Distribution of Ephedrine, Pseudoephedrine, or
Phenylpropanolamine; Distribution in General.--Section 401 of the
Controlled Substances Act (21 U.S.C. 841) is amended--
(1) in subsection (b)(3) (as amended by subsection
(a)(2)(A) of this section), in the first sentence, by inserting
``subsection (g) or'' before ``section 402(a)(13)'' ; and
(2) by adding at the end the following:
``(g)(1) Any person who possesses a controlled substance specified
in schedule V(b) with intent to manufacture a controlled substance
except as authorized by this title, or who possesses, distributes, or
dispenses such a substance knowing, or having reasonable cause to
believe, that the substance will be used to manufacture a controlled
substance except as authorized by this title, shall be sentenced in
accordance with the same provisions as apply under subsection (c).
``(2) Any person who knowingly distributes or dispenses a
controlled substance specified in schedule V(b) in violation of this
title shall, except to the extent that section 402(a)(13) applies, be
fined under title 18, United States Code, or imprisoned not more than 5
years, or both.''.
SEC. 6. IMPORTS.
Section 1002(a) of the Controlled Substances Import and Export Act
(21 U.S.C. 952(a)) is amended--
(1) in the heading for the section, by adding at the end
the following: ``and ephedrine, pseudoephedrine, and
phenylpropanolamine'';
(2) in the matter preceding paragraph (1), by inserting
``or ephedrine, pseudoephedrine, or phenylpropanolamine,''
after ``schedule III, IV, or V of title II,''; and
(3) in paragraph (1), by inserting ``, and of ephedrine,
pseudoephedrine, and phenylpropanolamine, '' after ``coca
leaves''.
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