[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1383 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1383

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2009

  Mr. Durbin (for himself and Mr. Grassley) 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 2009''.

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 doses that exceed 
        the recommended levels 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 the 
        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) An estimated 1,700,000 teenagers (7 percent of teens) 
        abused over-the-counter cough medicines in 2008.
            (5) The Food and Drug Administration has called the abuse 
        of dextromethorphan a ``serious issue'' and has said that while 
        dextromethorphan, ``when formulated properly and used in small 
        amounts, can be safely used in cough suppressant medicines, 
        abuse of the drug can cause death as well as other serious 
        adverse events such as brain damage, seizure, loss of 
        consciousness, and irregular heart beat.''
            (6) In recognition of the problem, several retailers have 
        voluntarily implemented age restrictions on purchases of cough 
        and cold medicines containing dextromethorphan, and several 
        manufacturers have placed language on packaging of cough and 
        cold medicines alerting parents to the dangers of medicine 
        abuse.
            (7) Prevention is a key component of the effort to address 
        the rise in the abuse of dextromethorphan and other legal 
        medications. Education campaigns teaching teens and parents 
        about the dangers of these drugs are an important part of this 
        effort.

SEC. 3. SALES OF PRODUCTS CONTAINING DEXTROMETHORPHAN.

    (a) Sales of Products Containing Dextromethorphan.--
            (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 
                or intentionally sell, cause another to sell, or 
                conspire to sell a product containing dextromethorphan 
                to an individual under 18 years of age, including any 
                such sale using the Internet.
                    ``(B) Failure to check identification.--If a person 
                fails to request identification from an individual 
                under 18 years of age and sells a product containing 
                dextromethorphan to that individual, that person shall 
                be deemed to have known that the individual was under 
                18 years of age.
                    ``(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.
            ``(3) Regulations.--Not later than 180 days after the date 
        of enactment of this section, the Attorney General shall 
        promulgate regulations for Internet sales of products 
        containing dextromethorphan to ensure compliance with this 
        subsection. The Attorney General may issue interim rules as 
        necessary to ensure that such rules take effect not later than 
        180 days after the date of enactment of this section.
    ``(b) Civil Penalty.--
            ``(1) In general.--The Attorney General may file a civil 
        action in an appropriate United States district court to 
        enforce subsection (a).
            ``(2) Maximum amount.--Any person who violates subsection 
        (a)(1)(A) shall be subject to a civil penalty in an amount--
                    ``(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) Employee or agent.--A violation of subsection 
        (a)(1)(A) by an employee or agent of a person shall be deemed a 
        violation by the person as well as a violation by the employee 
        or agent.
            ``(4) Factors.--In determining the amount of a civil 
        penalty under this subsection for a person who is a retailer, a 
        court may consider whether the retailer has taken appropriate 
        steps to prevent subsequent violations, such as--
                    ``(A) the establishment and administration of a 
                documented employee training program to ensure all 
                employees are familiar with and abiding by the 
                provisions of this section; or
                    ``(B) other actions taken by a retailer to ensure 
                compliance with this section.
    ``(c) Definitions.--In this section--
            ``(1) the term `identification card' means an 
        identification card that--
                    ``(A) includes a photograph and the date of birth 
                of the individual; and
                    ``(B) is--
                            ``(i) issued by a State or the Federal 
                        Government; or
                            ``(ii) 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 2009); 
                        and
            ``(2) the term `retailer' means a grocery store, general 
        merchandise store, drug store, pharmacy, 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.''.
            (2) Sense of the senate.--It is the sense of the Senate 
        that--
                    (A) manufacturers of products containing 
                dextromethorphan should continue the practice of 
                including language on packages cautioning consumers 
                about the dangers of dextromethorphan abuse; and
                    (B) retailers selling products containing 
                dextromethorphan should implement appropriate 
                safeguards to protect against the theft of such 
                products.
    (b) Prevention Funding.--
            (1) Prescription and nonprescription drug abuse prevention 
        grants.--
                    (A) In general.--The Director of National Drug 
                Control Policy shall provide grants to one or more 
                eligible entities for the creation and operation of a 
                nationwide education campaign directed at individuals 
                under the age of 18 years and their parents regarding 
                the prevention of abuse of prescription and 
                nonprescription drugs (including dextromethorphan).
                    (B) Eligible entity.--For purposes of subparagraph 
                (A), the term ``eligible entity'' means an organization 
                that--
                            (i) is a not-for-profit organization;
                            (ii) has broad national experience and a 
                        nationwide presence and capabilities;
                            (iii) has specific expertise and experience 
                        in conducting nationwide education campaigns;
                            (iv) has experience working directly with 
                        parents, teens, people in recovery, addiction 
                        scientists, and drug specialists to design drug 
                        education programs;
                            (v) has conducted research upon which to 
                        base the campaign specified in subparagraph 
                        (A);
                            (vi) has experience generating news media 
                        coverage related to drug prevention;
                            (vii) is able to secure pro bono media time 
                        and space to support the campaign specified in 
                        subparagraph (A); and
                            (viii) has a well-established national 
                        Internet presence targeting parents seeking 
                        information about drug prevention and 
                        intervention.
                    (C) Authorization of appropriations.--There are 
                authorized to be appropriated $4,000,000, for each of 
                fiscal years 2010 through 2012 to carry out this 
                paragraph.
                    (D) 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.
            (2) Grants for education, training and technical assistance 
        to community coalitions.--
                    (A) In general.--The Director of National Drug 
                Control Policy shall award a grant to the entity 
                created by section 4 of Public Law 107-82, as amended 
                by Public Law 109-469 (21 U.S.C. 1521 note), for the 
                development and provision of specially tailored 
                education, training, and technical assistance to 
                community coalitions throughout the nation regarding 
                the prevention of abuse of prescription and 
                nonprescription drugs (including dextromethorphan).
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated $1,500,000, for each of 
                fiscal years 2010 through 2012 to carry out this 
                paragraph.
                    (C) 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.
    (c) 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) before the date on which the 
                        organization submits an application for a grant 
                        under this subsection, has received 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 for comparable 
                        time periods, as determined by the 
                        Administrator (including appropriate 
                        consideration of the Monitoring the Future 
                        Survey by the University of Michigan);
                    (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.--From amounts made available 
        to carry out this subsection, the Administrator, in 
        consultation with the Director of the Office of National Drug 
        Control Policy, shall make enhancement grants to eligible 
        entities to implement comprehensive community-wide strategies 
        regarding the prevention of abuse of prescription and 
        nonprescription drugs (including dextromethorphan).
            (3) Application.--
                    (A) In general.--An eligible entity seeking 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 (including 
                dextromethorphan).
            (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 
        (including dextromethorphan) 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 $100,000 
                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 required of 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 2010 
        through 2012 to carry out this subsection.
    (d) 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 (including dextromethorphan).
    (e) 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. Civil penalties for certain dextromethorphan sales.''.
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