[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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