[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2274 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2274

    To amend the Controlled Substances Act to prevent the abuse of 
               dextromethorphan, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 31, 2007

 Mr. Biden (for himself, Mr. Grassley, Mr. Durbin, and Mrs. Feinstein) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Controlled Substances Act to prevent the abuse of 
               dextromethorphan, 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 ``Dextromethorphan Abuse Reduction Act 
of 2007''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) When used properly, cough medicines that contain 
        dextromethorphan have a long history of being safe and 
        effective. But abuse of dextromethorphan at high doses can 
        produce hallucinations, rapid heart beat, high blood pressure, 
        loss of consciousness, and seizures. The dangers multiply when 
        dextromethorphan is abused with alcohol, prescription drugs, or 
        narcotics.
            (2) Dextromethorphan is inexpensive, legal, and readily 
        accessible, which has contributed to the increased abuse of 
        that drug, particularly among teenagers.
            (3) Increasing numbers of teens and others are abusing 
        dextromethorphan by ingesting it in excessive quantities. 
        Prolonged use at high doses can lead to psychological 
        dependence on the drug. Abuse of dextromethorphan can also 
        cause impaired judgment, which can lead to injury or death.
            (4) Dextromethorphan abuse increased by a factor of 10 
        during the period of 1999 through 2004, with an increase by a 
        factor of 15 among children aged 9 to 17 years.
            (5) An estimated 2,400,000 teenagers (1 in 10) abused over-
        the-counter cough medicines in 2005. Children ages 9 to 17 
        years are the fastest growing group of dextromethorphan 
        abusers.
            (6) The Food and Drug Administration has called the abuse 
        of dextromethorphan a ``serious issue'' and a ``disturbing new 
        trend'' that can cause ``death as well as other serious adverse 
        events such as brain damage, seizure, loss of consciousness, 
        and irregular heartbeat.''.
            (7) In recognition of the problem, several retailers have 
        voluntarily implemented age restrictions on purchases of cough 
        and cold medicines containing dextromethorphan.
            (8) Prevention is a key component of addressing the rise in 
        the abuse of legal medications. Education campaigns teaching 
        teens and parents about the dangers of these drugs are an 
        important part of this effort.

SEC. 3. DEXTROMETHORPHAN.

    (a) Definitions.--Section 102 of the Controlled Substances Act (21 
U.S.C. 802) is amended by adding at the end the following:
    ``(50) The term `finished dosage form', relating to 
dextromethorphan, means dextromethorphan that--
            ``(A) is--
                    ``(i) in a tablet, capsule, solution, liquid, or 
                other form intended for retail sale, and that generally 
                contains inactive ingredients; and
                    ``(ii) approved under the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 301 et seq.) as a 
                nonprescription drug (as that term is defined in 
                section 760 of that Act (21 U.S.C. 379aa)); or
            ``(B) has been combined with other active or inactive 
        ingredients during the process of manufacturing a tablet, 
        capsule, solution, liquid, or other form described in 
        subparagraph (A).
    ``(51) The term `unfinished', relating to dextromethorphan, means 
any concentration or amount of dextromethorphan that is not in finished 
dosage form.''.
    (b) Unfinished Dextromethorphan.--Schedule V of section 202(c) of 
the Controlled Substances Act (21 U.S.C. 812(c)) is amended by adding 
at the end the following:
            ``(6) Unfinished dextromethorphan.''.
    (c) Sales of Dextromethorphan in Finished Dosage Form.--
            (1) In general.--Part D of title II of the Controlled 
        Substances Act (21 U.S.C. 841 et seq.) is amended by adding at 
        the end the following:

``SEC. 424. CIVIL PENALTIES FOR CERTAIN DEXTROMETHORPHAN SALES.

    ``(a) In General.--
            ``(1) Sale.--
                    ``(A) In general.--Except as provided in paragraph 
                (2), it shall be unlawful for any person to knowingly 
                sell, cause another to sell, or conspire to sell a 
                product containing dextromethorphan to an individual 
                under the age of 18 years, including any such sale 
                using the Internet.
                    ``(B) Failure to check identification.--If a person 
                fails to request identification from an individual 
                under the age of 18 years and sells a product 
                containing dextromethorphan to that individual, that 
                person shall be deemed to have known that the 
                individual was under the age of 18 years.
                    ``(C) Affirmative defense.--It shall be an 
                affirmative defense to an alleged violation of 
                subparagraph (A) that the person selling a product 
                containing dextromethorphan examined the purchaser's 
                identification card and, based on that examination, 
                that person reasonably concluded that the 
                identification was valid and indicated that the 
                purchaser was not less than 18 years of age.
            ``(2) Exception.--This section shall not apply to any sale 
        made pursuant to a validly issued prescription.
    ``(b) Fines.--
            ``(1) In general.--The Attorney General may impose a civil 
        penalty on a person for violating subsection (a)(1)(A), 
        including a violation of that subsection committed by an 
        employee or agent of such person.
            ``(2) Maximum amount.--A civil penalty imposed under 
        paragraph (1) shall be--
                    ``(A) not more than $1,000 for the first violation 
                of subsection (a)(1)(A) by a person;
                    ``(B) not more than $2,000 for the second violation 
                of subsection (a)(1)(A) by a person; and
                    ``(C) not more than $5,000 for the third violation, 
                or a subsequent violation, of subsection (a)(1)(A) by a 
                person.
            ``(3) Number of violations.--If a person makes sales of 
        dextromethorphan at more than 1 location, for purposes of 
        determining the number of violations by that person under this 
        subsection each individual location operated by that person 
        shall be considered a separate person.
    ``(c) Definition of Identification Card.--In this section, the term 
`identification card' means an identification card that--
            ``(1) includes a photograph and the date of birth of the 
        individual;
            ``(2) is issued by a State or the Federal Government; and
            ``(3) is considered acceptable for purposes of sections 
        274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code 
        of Federal Regulations (as in effect on or after the date of 
        the enactment of the Dextromethorphan Abuse Reduction Act of 
        2007).''.
            (2) Regulations.--
                    (A) Internet sales.--Not later than 180 days after 
                the date of enactment of this Act, the Attorney General 
                of the United States shall promulgate regulations for 
                Internet sales of products containing dextromethorphan 
                to ensure compliance with section 424 of the Controlled 
                Substances Act, as added by this Act.
                    (B) Civil penalties.--
                            (i) In general.--Not later than 180 days 
                        after the date of enactment of this Act, the 
                        Attorney General of the United States shall 
                        promulgate regulations to carry out section 424 
                        of the Controlled Substances Act, as added by 
                        this Act.
                            (ii) Contents.--The regulations promulgated 
                        under clause (i) shall--
                                    (I) provide for a range of fines 
                                for a retailer, based on whether the 
                                retailer or an employee or agent of 
                                that retailer has committed prior 
                                violations of section 424(a) of the 
                                Controlled Substances Act, as added by 
                                this Act; and
                                    (II) require consideration of 
                                whether a fine to be imposed on a 
                                retailer should be reduced or 
                                eliminated based on--
                                            (aa) the establishment and 
                                        administration of an effective 
                                        employee training program by a 
                                        retailer relating to this Act 
                                        and the amendments made by this 
                                        Act; or
                                            (bb) other actions taken by 
                                        a retailer to ensure compliance 
                                        with this Act and the 
                                        amendments made by this Act.
                    (C) Definition of retailer.--In this paragraph, the 
                term ``retailer'' means a grocery store, general 
                merchandise store, drug store, convenience store, or 
                other entity or person whose activities as a 
                distributor relating to products containing 
                dextromethorphan are limited almost exclusively to 
                sales for personal use, both in number of sales and 
                volume of sales, either directly to walk-in customers 
                or in face-to-face transactions by direct sales.
            (3) Sense of the senate.--It is the sense of the Senate 
        that--
                    (A) manufacturers of products containing 
                dextromethorphan should contain language on packages 
                cautioning consumers about the dangers of 
                dextromethorphan misuse; and
                    (B) retailers selling products containing 
                dextromethorphan should impose appropriate safeguards 
                to protect against the theft of such products.
    (d) Prevention Funding.--
            (1) The partnership for a drug-free america.--
                    (A) In general.--The Director of National Drug 
                Control Policy shall make a directed grant to the 
                Partnership for a Drug-Free America to provide 
                education to individuals under the age of 18 years and 
                parents regarding preventing the abuse of prescription 
                and nonprescription drugs (including dextromethorphan).
                    (B) Authorization of appropriations.--In addition 
                to any other amounts authorized to be appropriated, 
                there are authorized to be appropriated $4,000,000 for 
                each of fiscal years 2008 through 2010 to carry out 
                this paragraph.
            (2) Community anti-drug coalition of america.--
                    (A) In general.--The Director of National Drug 
                Control Policy shall make a directed grant to the 
                Community Anti-Drug Coalition of America to provide 
                education, training, and technical assistance to 
                community coalitions regarding preventing the abuse of 
                prescription and nonprescription drugs (including 
                dextromethorphan).
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated $4,000,000 for each of 
                fiscal years 2008 through 2010 to carry out this 
                paragraph.
            (3) Supplement not supplant.--Grant funds provided under 
        this subsection shall be used to supplement, not supplant, 
        Federal and non-Federal funds available for carrying out the 
        activities described in this subsection.
    (e) Supplemental Grants for Communities With Major Prescription and 
Nonprescription Drug Issues.--
            (1) Definitions.--In this subsection--
                    (A) the term ``Administrator'' means the 
                Administrator of the Substance Abuse and Mental Health 
                Services Administration;
                    (B) the term ``drug'' has the meaning given that 
                term in section 201 of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 321);
                    (C) the term ``eligible entity'' means an 
                organization that--
                            (i) on or before the date of submitting an 
                        application for a grant under this subsection, 
                        receives a grant under the Drug-Free 
                        Communities Act of 1997 (21 U.S.C. 1521 et 
                        seq.); and
                            (ii) has documented, using local data, 
                        rates of prescription or nonprescription drug 
                        abuse above national averages, as determined by 
                        the Administrator (including appropriate 
                        consideration of the Monitoring the Future 
                        Survey by the University of Michigan), for 
                        comparable time periods;
                    (D) the term ``nonprescription drug'' has the 
                meaning given that term in section 760 of the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 379aa); and
                    (E) the term ``prescription drug'' means a drug 
                described in section 503(b)(1) of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).
            (2) Authorization of program.--The Administrator, in 
        consultation with the Director of the Office of National Drug 
        Control Policy, may make enhancement grants to eligible 
        entities to implement comprehensive community-wide strategies 
        that address abuse of prescription and nonprescription drugs.
            (3) Application.--
                    (A) In general.--An eligible entity desiring an 
                enhancement grant under this subsection shall submit an 
                application to the Administrator at such time, in such 
                manner, and accompanied by such information as the 
                Administrator may require.
                    (B) Criteria.--As part of an application for a 
                grant under this subsection, the Administrator shall 
                require an eligible entity to submit a detailed, 
                comprehensive, multisector plan for addressing abuse of 
                prescription and nonprescription drugs.
            (4) Uses of funds.--An eligible entity that receives a 
        grant under this subsection shall use the grant funds for 
        implementing a comprehensive, community-wide strategy that 
        addresses abuse of prescription and nonprescription drugs 
        issues in that community, in accordance with the plan submitted 
        under paragraph (3)(B).
            (5) Grant terms.--A grant under this subsection--
                    (A) shall be made for a period of not more than 4 
                years; and
                    (B) shall not be in an amount of more than $50,000 
                per year.
            (6) Supplement not supplant.--Grant funds provided under 
        this subsection shall be used to supplement, not supplant, 
        Federal and non-Federal funds available for carrying out the 
        activities described in this subsection.
            (7) Evaluation.--A grant under this subsection shall be 
        subject to the same evaluation requirements and procedures as 
        the evaluation requirements and procedures imposed on the 
        recipient of a grant under the Drug-Free Communities Act of 
        1997 (21 U.S.C. 1521 et seq.).
            (8) Administrative expenses.--Not more than 6 percent of a 
        grant under this subsection may be expended for administrative 
        expenses.
            (9) Authorization of appropriations.--There are authorized 
        to be appropriated $4,000,000 for each of fiscal years 2008 
        through 2010 to carry out this subsection.
    (f) Data Collection.--It is the Sense of the Senate that Federal 
agencies and grantees that collect data on drug use trends should 
ensure that the survey instruments used by such agencies and grantees 
include questions to ascertain changes in the trend of abuse of 
prescription and nonprescription drugs.
    (g) Technical and Conforming Amendments.--
            (1) In general.--Section 201(g) of the Controlled 
        Substances Act (21 U.S.C. 811(g)) is amended--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraph (3) as paragraph 
                (2).
            (2) Table of contents.--The table of contents for the 
        Comprehensive Drug Abuse Prevention and Control Act of 1970 
        (Public Law 91-513; 84 Stat. 1236) is amended by inserting 
        after the item relating to section 423 the following:

``Sec. 424. Dextromethorphan sales.''.
                                 <all>