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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 103 Reported in Senate (RS)]

                                                       Calendar No. 184
109th CONGRESS
  1st Session
                                 S. 103

    To respond to the illegal production, distribution, and use of 
     methamphetamine in the United States, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

   Mr. Talent (for himself, Mrs. Feinstein, Mr. Bayh, Mr. Nelson of 
 Nebraska, Mr. Dayton, Mr. Wyden, Mr. Salazar, Mr. Hagel, Mr. Harkin, 
  Mr. Smith, Mr. Coleman, Mr. Grassley, Ms. Cantwell, Mr. Pryor, Mrs. 
    Lincoln, Mr. Lott, Mr. Chambliss, Mrs. Dole, Mr. Bingaman, Mr. 
 Domenici, Mr. Nelson of Florida, Mr. Kohl, Ms. Murkowski, Mr. Baucus, 
  Mr. Byrd, Mr. Rockefeller, Mr. Johnson, Mrs. Boxer, Mr. Conrad, Mr. 
 Thune, Mrs. Clinton, Mr. Schumer, Mr. Stevens, Mr. Inouye, Mr. Obama, 
 Mr. Durbin, and Mr. Coburn) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

                             July 28, 2005

               Reported by Mr. Specter, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
    To respond to the illegal production, distribution, and use of 
     methamphetamine in the United States, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Combat Meth Act of 
2005''.</DELETED>

                <DELETED>TITLE I--ENFORCEMENT</DELETED>

<DELETED>SEC. 101. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS 
              GRANTS.</DELETED>

<DELETED>    (a) In General.--In addition to any other funds authorized 
to be appropriated for fiscal year 2006 for grants under part Q of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796dd et seq.), commonly known as the COPS program, there are 
authorized to be appropriated $15,000,000 for such purpose to provide 
training to State and local prosecutors and law enforcement agents for 
the investigation and prosecution of methamphetamine 
offenses.</DELETED>
<DELETED>    (b) Rural Set-Aside.--Of amounts made available under 
subsection (a), $3,000,000 shall be available only for prosecutors and 
law enforcement agents for rural communities.</DELETED>

<DELETED>SEC. 102. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO 
              INCLUDE PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, 
              PROSECUTION, AND CLEANUP.</DELETED>

<DELETED>    Section 1701(d) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (11) by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (12) by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(13) hire personnel and purchase equipment to 
        assist in the enforcement and prosecution of methamphetamine 
        offenses and the cleanup of methamphetamine-affected 
        areas.''.</DELETED>

<DELETED>SEC. 103. SPECIAL UNITED STATES ATTORNEYS' PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Attorney General shall allocate any 
amounts appropriated pursuant to the authorization under subsection (c) 
for the hiring and training of special assistant United States 
attorneys.</DELETED>
<DELETED>    (b) Use of Funds.--The funds allocated under subsection 
(a) shall be used to--</DELETED>
        <DELETED>    (1) train local prosecutors in techniques used to 
        prosecute methamphetamine cases, including the presentation of 
        evidence related to the manufacture of 
        methamphetamine;</DELETED>
        <DELETED>    (2) train local prosecutors in Federal and State 
        laws involving methamphetamine manufacture or 
        distribution;</DELETED>
        <DELETED>    (3) cross-designate local prosecutors as special 
        assistant United States attorneys; and</DELETED>
        <DELETED>    (4) hire additional local prosecutors who--
        </DELETED>
                <DELETED>    (A) with the approval of the United States 
                attorney, shall be cross-designated to prosecute both 
                Federal and State methamphetamine cases;</DELETED>
                <DELETED>    (B) shall be assigned a caseload, whether 
                in State court or Federal court, that gives the highest 
                priority to cases in which--</DELETED>
                        <DELETED>    (i) charges related to 
                        methamphetamine manufacture or distribution are 
                        submitted by law enforcement for consideration; 
                        and</DELETED>
                        <DELETED>    (ii) the defendant has been 
                        previously convicted of a crime related to 
                        methamphetamine manufacture or 
                        distribution.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated $5,000,000 for each of the fiscal years 2006 and 
2007 to carry out the provisions of this section.</DELETED>

<DELETED>SEC. 104. PSEUDOEPHEDRINE AMENDMENTS TO CONTROLLED SUBSTANCES 
              ACT.</DELETED>

<DELETED>    (a) Addition of Pseudoephedrine to Schedule V.--Section 
202 of the Controlled Substances Act (21 U.S.C. 812) is amended by 
adding at the end the following:</DELETED>
        <DELETED>    ``(6) Any detectable quantity of pseudoephedrine, 
        its salts or optical isomers, or salts of optical 
        isomers.''.</DELETED>
<DELETED>    (b) Prescriptions.--Section 309(c) of the Controlled 
Substances Act (21 U.S.C. 829(c)) is amended--</DELETED>
        <DELETED>    (1) by inserting ``(1)'' before ``No controlled 
        substance''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(2) If the substance described in paragraph (6) of 
Schedule V of section 202 is dispensed, sold, or distributed in a 
pharmacy--</DELETED>
        <DELETED>    ``(A) the substance shall be dispensed, sold, or 
        distributed only by a licensed pharmacist or a licensed 
        pharmacy technician; and</DELETED>
        <DELETED>    ``(B) any person purchasing, receiving, or 
        otherwise acquiring any such substance shall--</DELETED>
                <DELETED>    ``(i) produce a photo identification 
                showing the date of birth of such person; and</DELETED>
                <DELETED>    ``(ii) sign a written log or receipt 
                showing--</DELETED>
                        <DELETED>    ``(I) the date of the 
                        transaction;</DELETED>
                        <DELETED>    ``(II) the name of the person; 
                        and</DELETED>
                        <DELETED>    ``(III) the name and the amount of 
                        the substance purchased, received, or otherwise 
                        acquired.</DELETED>
<DELETED>    ``(3)(A) No person shall purchase, receive, or otherwise 
acquire more than 9 grams of the substance described in paragraph (6) 
of Schedule V of section 202 within any 30-day period.</DELETED>
<DELETED>    ``(B) The limit described in subparagraph (A) shall not 
apply to any quantity of such substance dispensed under a valid 
prescription.</DELETED>
<DELETED>    ``(4)(A) The Director of the Federal Drug Administration, 
by rule, may exempt a product from Schedule V of section 202 if the 
Director determines that the produce is not used in the illegal 
manufacture of methamphetamine or other controlled dangerous 
substance.</DELETED>
<DELETED>    ``(B) The Director of the Federal Drug Administration, 
upon the application of a manufacturer of a drug product, may exempt 
the product from Schedule V of section 202 if the Director determines 
that the product has been formulated in such a way as to effectively 
prevent the conversion of the active ingredient into 
methamphetamine.</DELETED>
<DELETED>    ``(C) The Director of the Federal Drug Administration, by 
rule, may authorize the sale of the substance described in paragraph 
(6) of Schedule V of section 202 by persons other than licensed 
pharmacists or licensed pharmacy technicians if--</DELETED>
        <DELETED>    ``(i) the Director finds evidence that the absence 
        of a pharmacy creates a hardship for a community; and</DELETED>
        <DELETED>    ``(ii) the authorized personnel follow the 
        procedure set forth in this Act.''.</DELETED>

   <DELETED>TITLE II--EDUCATION, PREVENTION, AND TREATMENT</DELETED>

<DELETED>SEC. 201. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE 
              ABUSERS.</DELETED>

<DELETED>    Section 519 of the Public Health Service Act (42 U.S.C. 
290bb-25) is amended--</DELETED>
        <DELETED>    (1) in subsection (b), by inserting after 
        paragraph (8) the following:</DELETED>
        <DELETED>    ``(9) Development of drug endangered children 
        rapid response teams that will intervene on behalf of children 
        exposed to methamphetamine as a result of residing or being 
        present in a home-based clandestine drug laboratory.''; 
        and</DELETED>
        <DELETED>    (2) in subsection (o)--</DELETED>
                <DELETED>    (A) by striking ``For the purpose'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--For the purpose''; 
        and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(2) Drug endangered children rapid response 
        teams.--There are authorized to be appropriated $2,500,000 for 
        each of the fiscal years 2006 and 2007 to carry out the 
        provisions of subsection (b)(9).''.</DELETED>

<DELETED>SEC. 202. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE 
              AND RELATED CONDITIONS.</DELETED>

<DELETED>    Subpart 1 of part B of title V of the Public Health 
Service Act (42 U.S.C. 290bb et seq.) is amended--</DELETED>
        <DELETED>    (1) by redesignating the section 514 that relates 
        to methamphetamine and appears after section 514A as section 
        514B;</DELETED>
        <DELETED>    (2) in section 514B, as redesignated--</DELETED>
                <DELETED>    (A) by amending subsection (a)(1) to read 
                as follows:</DELETED>
        <DELETED>    ``(1) Grants authorized.--The Secretary may award 
        grants to States, political subdivisions of States, American 
        Indian Tribes, and private, nonprofit entities to provide 
        treatment for methamphetamine abuse.'';</DELETED>
                <DELETED>    (B) by amending subsection (b) to read as 
                follows:</DELETED>
<DELETED>    ``(b) Priority for Rural Areas.--In awarding grants under 
subsection (a), the Secretary shall give priority to entities that will 
serve rural areas experiencing an increase in methamphetamine abuse.''; 
and</DELETED>
                <DELETED>    (C) in subsection (d)(1), by striking 
                ``2000'' and all that follows and inserting ``2005 and 
                such sums as may be necessary for each of fiscal years 
                2006 through 2009''; and</DELETED>
        <DELETED>    (3) by inserting after section 514B, as 
        redesignated, the following:</DELETED>

<DELETED>``SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, AND TECHNICAL 
              ASSISTANCE CENTER.</DELETED>

<DELETED>    ``(a) Program Authorized.--The Secretary, acting through 
the Administrator, and in consultation with the Director of the 
National Institutes of Health, shall award grants to, or enter into 
contracts with, public or private, nonprofit entities to establish a 
research, training, and technical assistance center to carry out the 
activities described in subsection (d).</DELETED>
<DELETED>    ``(b) Application.--A public or private, nonprofit entity 
seeking a grant or contract under subsection (a) shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require.</DELETED>
<DELETED>    ``(c) Condition.--In awarding grants or entering into 
contracts under subsection (a), the Secretary shall ensure that not 
less than 1 of the centers will focus on methamphetamine abuse in rural 
areas.</DELETED>
<DELETED>    ``(d) Authorized Activities.--Each center established 
under this section shall--</DELETED>
        <DELETED>    ``(1) engage in research and evaluation of the 
        effectiveness of treatment modalities for the treatment of 
        methamphetamine abuse;</DELETED>
        <DELETED>    ``(2) disseminate information to public and 
        private entities on effective treatments for methamphetamine 
        abuse;</DELETED>
        <DELETED>    ``(3) provide direct technical assistance to 
        States, political subdivisions of States, and private entities 
        on how to improve the treatment of methamphetamine abuse; 
        and</DELETED>
        <DELETED>    ``(4) provide training on the effects of 
        methamphetamine use and on effective ways of treating 
        methamphetamine abuse to substance abuse treatment 
        professionals and community leaders.</DELETED>
<DELETED>    ``(e) Reports.--Each grantee or contractor under this 
section shall annually submit a report to the Administrator that 
contains--</DELETED>
        <DELETED>    ``(1) a description of the previous year's 
        activities of the center established under this 
        section;</DELETED>
        <DELETED>    ``(2) effective treatment modalities undertaken by 
        the center; and</DELETED>
        <DELETED>    ``(3) evidence to demonstrate that such treatment 
        modalities were successful.</DELETED>
<DELETED>    ``(f) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this section $3,000,000 for 
fiscal year 2006 and such sums as may be necessary for each of fiscal 
years 2007 and 2008.''.</DELETED>

<DELETED>SEC. 203. METHAMPHETAMINE PRECURSOR MONITORING 
              GRANTS.</DELETED>

<DELETED>    (a) Grants Authorized.--The Attorney General, acting 
through the Bureau of Justice Assistance, may award grants to States to 
establish methamphetamine precursor monitoring programs.</DELETED>
<DELETED>    (b) Purpose.--The purpose of the grant program established 
under this section is to--</DELETED>
        <DELETED>    (1) prevent the sale of methamphetamine 
        precursors, such as pseudoephedrine, to individuals in 
        quantities so large that the only reasonable purpose of the 
        purchase would be to manufacture methamphetamine;</DELETED>
        <DELETED>    (2) educate businesses that legally sell 
        methamphetamine precursors of the need to balance the 
        legitimate need for lawful access to medication with the risk 
        that those substances may be used to manufacture 
        methamphetamine; and</DELETED>
        <DELETED>    (3) recalibrate existing prescription drug 
        monitoring programs designed to track the sale of controlled 
        substances to also track the sale of pseudoephedrine in any 
        amount greater than 6 grams.</DELETED>
<DELETED>    (c) Use of Grant Funds.--Grant funds awarded to States 
under this section may be used to--</DELETED>
        <DELETED>    (1) implement a methamphetamine precursor 
        monitoring program, including hiring personnel and purchasing 
        computer hardware and software designed to monitor 
        methamphetamine precursor purchases;</DELETED>
        <DELETED>    (2) expand existing methamphetamine precursor or 
        prescription drug monitoring programs to accomplish the 
        purposes described in subsection (b);</DELETED>
        <DELETED>    (3) pay for training and technical assistance for 
        law enforcement personnel and employees of businesses that 
        lawfully sell substances, which may be used as methamphetamine 
        precursors;</DELETED>
        <DELETED>    (4) improve information sharing between adjacent 
        States through enhanced connectivity; or</DELETED>
        <DELETED>    (5) make grants to subdivisions of the State to 
        implement methamphetamine precursor monitoring 
        programs.</DELETED>
<DELETED>    (d) Application.--Any State seeking a grant under this 
section shall submit an application to the Attorney General at such 
time, in such manner, and containing such information as the Attorney 
General may require.</DELETED>
<DELETED>    (e) Authorization of Appropriations.--There are authorized 
to be appropriated $5,000,000 for each of the fiscal years 2006 and 
2007 to carry out the provisions of this section.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Combat Meth Act of 2005''.

                          TITLE I--ENFORCEMENT

          Subtitle A--Amendments to Controlled Substances Act

SEC. 101. PSEUDOEPHEDRINE AND EPHEDRINE AMENDMENTS TO CONTROLLED 
              SUBSTANCES ACT.

    (a) Addition of Pseudoephedrine and Ephedrine to Schedule V.--The 
matter under schedule V in section 202(c) of the Controlled Substances 
Act (21 U.S.C. 812(c)) is amended by adding at the end the following:
            ``(6) Any detectable quantity of pseudoephedrine or 
        ephedrine, their salts or optical isomers, or salts of optical 
        isomers.''.
    (b) Prescriptions.--Section 309(c) of the Controlled Substances Act 
(21 U.S.C. 829(c)) is amended--
            (1) by striking ``No controlled substance'' and inserting 
        the following:
            ``(1) In general.--No controlled substance''; and
            (2) by adding at the end the following:
            ``(2) Retail distributors and pharmacies.--If a controlled 
        substance described in paragraph (6) of schedule V is dispensed 
        or sold at retail by a retail distributor or a pharmacy, the 
        retail distributor or pharmacy shall ensure the following:
                    ``(A) Qualifications of dispenser.--The substance 
                shall be dispensed or sold at retail only by 
                practitioner, pharmacist, or an individual under the 
                supervision of a pharmacist as permitted by the State.
                    ``(B) Requirements for purchaser.--Any person 
                purchasing, receiving, or otherwise acquiring any such 
                substance shall, prior to taking possession--
                            ``(i) provide an approved Federal or State-
                        issued photo identification or an alternative 
                        form of identification authorized by the 
                        Attorney General; and
                            ``(ii) sign or make an entry in a written 
                        or electronic log that conforms with the 
                        regulations under paragraph (4) documenting--
                                    ``(I) the date of the transaction;
                                    ``(II) the name of the person; and
                                    ``(III) the name and the amount of 
                                the controlled substance described in 
                                paragraph (6) of schedule V purchased, 
                                received, or otherwise acquired.
                    ``(C) Limitation on amount of purchase.--No person 
                shall purchase, receive, or otherwise acquire more than 
                7.5 grams of a controlled substance described in 
                paragraph (6) of schedule V within any 30-day period.
            ``(3) Exemptions.--
                    ``(A) In general.--The Attorney General, by rule, 
                may exempt a product from paragraph (6) of schedule V 
                if the Attorney General determines that the product 
                cannot be used in the illegal manufacture of 
                methamphetamine or any other controlled dangerous 
                substance.
                    ``(B) Different formulation.--
                            ``(i) In general.--The Attorney General, 
                        upon the application of a manufacturer of a 
                        drug product, may exempt a product from 
                        paragraph (6) of schedule V if the Attorney 
                        General determines that the product has been 
                        formulated in such a way as to effectively 
                        prevent the conversion of the active ingredient 
                        into methamphetamine.
                            ``(ii) Sense of congress.--It is the sense 
                        of Congress that the Secretary of Health and 
                        Human Services should consider a product under 
                        clause (i) to be subject to the performance 
                        goals established by the Commissioner of Food 
                        and Drugs for priority drugs.
                    ``(C) Special exceptions.--The Attorney General, by 
                rule, may authorize the sale of a controlled substance 
                described in paragraph (6) of schedule V by persons 
                other than a practitioner, and at a location other than 
                a pharmacy if--
                            ``(i) the Attorney General--
                                    ``(I) determines that the retail 
                                facility is located within a commercial 
                                service airport, and sells the 
                                substance packaged in liquid and liquid 
                                filled gelcaps only, each single sales 
                                package containing not more than 360 
                                mg, per person, in a 24 hour period; or
                                    ``(II) has issued an alternate 
                                place of sale license to the retail 
                                location and has issued an alternate 
                                dispenser license to the person 
                                authorized to make the sale under 
                                subsections (i) and (j) of section 303, 
                                respectively;
                            ``(ii) the person dispensing the controlled 
                        substance described in paragraph (6) of 
                        schedule V follows the procedures set forth in 
                        this Act; and
                            ``(iii) the person authorized under section 
                        303(i) dispensing the controlled substance 
                        described in paragraph (6) of schedule V 
                        provides notification, in writing, of the 
                        intention to dispense such substance pursuant 
                        to a special exception under this subparagraph 
                        to each State and local law enforcement 
                        authority with jurisdiction to investigate 
                        crimes involving controlled substances at such 
                        location.
                    ``(D) Prescriptions.--The limit described in 
                paragraph (2)(C) shall not apply to any quantity of 
                such substance dispensed under a valid prescription.
            ``(4) Regulations.--
                    ``(A) Rules for logs.--
                            ``(i) In general.--The Attorney General 
                        shall promulgate rules and regulations--
                                    ``(I) prescribing the content and 
                                format of the log required in paragraph 
                                (2)(B)(ii);
                                    ``(II) establishing the manner in 
                                which the information in the log 
                                required in paragraph (2)(B)(ii) shall 
                                be reported to law enforcement 
                                authorities; and
                                    ``(III) prohibiting accessing, 
                                using, or sharing the information in 
                                the log for any purpose other than to 
                                ensure compliance with this Act or to 
                                facilitate a product recall necessary 
                                to protect public health and safety.
                            ``(ii) Misrepresentation warning.--The 
                        rules and regulations under clause (i) shall 
                        require that the log explain the potential 
                        consequences of false statements or 
                        misrepresentations, including requiring that 
                        the following statement is prominently 
                        presented: `NOTE: PENALTY FOR MISREPRESENTATION 
                        - Any misrepresentation (by omission or 
                        concealment, or by misleading, false, or 
                        partial answers may result in prosecution 
                        pursuant to section 1001 of title 18, United 
                        States Code, which makes it a criminal offense, 
                        punishable by a maximum of 5 years 
                        imprisonment, $10,000 fine, or both, knowingly 
                        and willfully to make a false statement or 
                        representation to any Department or Agency of 
                        the United States as to any matter within the 
                        jurisdiction of any Department or Agency of the 
                        United States.'
                    ``(B) Alternate identification.--The Attorney 
                General shall promulgate rules and regulations 
                authorizing the acceptance of an alternate form of 
                identification under paragraph (2)(B)(i) to be used 
                electronically.
            ``(5) Good faith protection.--A retailer who in good faith 
        releases information maintained under this subsection for 
        purposes of compliance with this Act to a law enforcement or 
        regulatory authority established pursuant to Federal or State 
        law is immune from civil liability unless the release 
        constitutes gross negligence or intentional, wanton, or willful 
        misconduct.''.
    (c) Alternate Place of Sales and Dispensers.--Section 303 of the 
Controlled Substances Act (21 U.S.C. 823) is amended by adding at the 
end the following:
    ``(i) Alternate Place of Sales Licenses.--
            ``(1) In general.--The Attorney General shall register an 
        applicant to dispense a controlled substance described in 
        paragraph (6) of schedule V at a location other than a pharmacy 
        if the Attorney General determines that such registration is 
        consistent with the public interest.
            ``(2) Considerations.--In determining the public interest, 
        the Attorney General shall consider--
                    ``(A) the applicant's maintenance of effective 
                controls against diversion of the controlled substance 
                described in paragraph (6) of schedule V into other 
                than legitimate channels equivalent to that of a 
                pharmacy;
                    ``(B) the applicant's compliance with applicable 
                State and local law, including holding a valid license 
                issued by an appropriate State authority evidencing 
                compliance with subparagraph (A);
                    ``(C) the applicant's prior conviction record under 
                Federal and State laws; and
                    ``(D) such other factors as may be relevant to and 
                consistent with the public health and safety, including 
                accessibility to rural consumers.
            ``(3) State licenses.--If an applicant under paragraph (1) 
        does not have a valid State license as described in paragraph 
        (2)(B), the Attorney General shall not register the applicant 
        for a license under this subsection.
    ``(j) Alternate Dispenser Licenses.--
            ``(1) In general.--The Attorney General shall register an 
        applicant, other than a practitioner, to dispense a controlled 
        substance described in paragraph (6) of schedule V at a 
        location other than a pharmacy if the Attorney General 
        determines that such registration is consistent with the public 
        interest.
            ``(2) Considerations.--In determining the public interest, 
        the Attorney General shall consider--
                    ``(A) the applicant's compliance with applicable 
                State and local law, including holding a license issued 
                by an appropriate State authority evidencing a degree 
                of suitability to dispense the controlled substance 
                described in paragraph (6) of schedule V equivalent to 
                that of a practitioner;
                    ``(B) the applicant's prior conviction record under 
                Federal and State laws; and
                    ``(C) such other factors as may be relevant to and 
                consistent with the public health and safety, including 
                accessibility to rural consumers.
            ``(3) State licenses.--If an applicant under paragraph (1) 
        does not have a valid State license as described in paragraph 
        (2)(B), the Attorney General shall not register the applicant 
        for a license under this subsection.''.
    (d) Theft Prevention.--Notwithstanding paragraph (6) of schedule V 
of section 202 of the Controlled Substances Act (21 U.S.C. 812), as 
added by subsection (a), persons registered with the Drug Enforcement 
Administration to manufacture or distribute controlled substances shall 
maintain adequate security and provide effective controls and 
procedures to guard against theft and diversion, but shall not 
otherwise be required to meet the meet the storage, reporting, 
recordkeeping, or physical security control requirements (such as a 
cage or vault) for controlled substances in schedule V containing 
pseudoephedrine or ephedrine.
    (e) State Penalties and Pediatric Products.--Nothing in this Act 
shall be construed to--
            (1) prevent a State or political subdivision of a State 
        from adopting and enforcing penalties that are different from, 
        in addition to, or otherwise not identical with, the penalties 
        that apply under the Controlled Substances Act (28 U.S.C. 801 
        et seq.); or
            (2) prevent a State or political subdivision of a State 
        from permitting the sale of pediatric products containing 
        pseudoephedrine or ephedrine, their salts or optical insomers, 
        or salts of optical isomers where the pediatric product--
                    (A) is primarily intended for administration, 
                according to label instructions, to children under 12 
                years of age and either--
                            (i) in solid dosage form, individual dosage 
                        units do not exceed 15 milligrams of ephedrine 
                        or pseudoephedrine; or
                            (ii) in liquid form, recommended dosage 
                        units, according to label instructions, do not 
                        exceed 15 milligrams of ephedrine or 
                        pseudoephedrine per 5 milliliters of liquid 
                        product; or
                    (B) is in liquid form--
                            (i) primarily intended for administration 
                        to children under 2 years of age;
                            (ii) the recommended dosage of which does 
                        not exceed 2 milliliters; and
                            (iii) the total package content is not more 
                        than 1 fluid ounce.
    (f) Effective Dates.--
            (1) Only active ingredient.--This section and the 
        amendments made by this section shall take effect with regard 
        to any substance in which ephedrine or pseudoephedrine is the 
        only active ingredient 90 days after the date of enactment of 
        this Act.
            (2) Other products.--This section and the amendments made 
        by this section shall take effect with regard to any substance 
        other than a substance described in paragraph (1) on January 1, 
        2007.

SEC. 102. EMPLOYER SCREENING OF EMPLOYEES WORKING WITH CONTROLLED 
              SUBSTANCES.

    Part C of the Controlled Substances Act (21 U.S.C. 821 et seq.) is 
amended by adding at the end the following:

                       ``applicants and employees

    ``Sec. 311. Persons registered with the Drug Enforcement 
Administration to manufacture, deliver, distribute, or dispense 
controlled substances shall take reasonable steps to guard against 
hiring persons who may, as a result of their employment, have access to 
and become involved in the theft and diversion of controlled 
substances, including, notwithstanding State law, asking applicants for 
employment whether they have been convicted of any crime involving or 
related to controlled substances.''.

             TITLE II--EDUCATION, PREVENTION, AND TREATMENT

SEC. 201. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE ABUSERS.

    Section 519 of the Public Health Service Act (42 U.S.C. 290bb-25) 
is amended--
            (1) in subsection (b), by inserting after paragraph (8) the 
        following:
            ``(9) Development of drug endangered children rapid 
        response teams that will intervene on behalf of children 
        exposed to methamphetamine as a result of residing or being 
        present in a home-based clandestine drug laboratory.''; and
            (2) in subsection (o)--
                    (A) by striking ``For the purpose'' and inserting 
                the following:
            ``(1) In general.--For the purpose''; and
                    (B) by adding at the end the following:
            ``(2) Drug endangered children rapid response teams.--There 
        are authorized to be appropriated $2,500,000 for each of the 
        fiscal years 2006 and 2007 to carry out the provisions of 
        subsection (b)(9).''.

SEC. 202. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND 
              RELATED CONDITIONS.

    Subpart 1 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb et seq.) is amended--
            (1) by redesignating section 514 that relates to 
        methamphetamine and appears after section 514A as section 514B;
            (2) in section 514B, as redesignated--
                    (A) by amending subsection (a)(1) to read as 
                follows:
            ``(1) Grants authorized.--The Secretary may award grants to 
        States, political subdivisions of States, American Indian 
        Tribes, and private, nonprofit entities to provide treatment 
        for methamphetamine abuse.'';
                    (B) by amending subsection (b) to read as follows:
    ``(b) Priority for High Need States.--In awarding grants under 
subsection (a), the Secretary shall give priority to entities that will 
serve rural or urban areas experiencing an increase in methamphetamine 
abuse in States with addiction rates in excess of the national rate.''; 
and
                    (C) in subsection (d)(1), by striking ``2000'' and 
                all that follows and inserting ``2005 and such sums as 
                may be necessary for each of fiscal years 2006 through 
                2009''; and
            (3) by inserting after section 514B, as redesignated, the 
        following:

``SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, AND TECHNICAL 
              ASSISTANCE CENTER.

    ``(a) Program Authorized.--The Secretary, acting through the 
Administrator, and in consultation with the Director of the National 
Institutes of Health, shall award grants to, or enter into contracts 
with, public or private, nonprofit entities to establish a research, 
training, and technical assistance center to carry out the activities 
described in subsection (d).
    ``(b) Application.--A public or private, nonprofit entity seeking a 
grant or contract under subsection (a) shall submit an application to 
the Secretary at such time, in such manner, and containing such 
information as the Secretary may require.
    ``(c) Condition.--In awarding grants or entering into contracts 
under subsection (a), the Secretary shall ensure that not less than 1 
of the centers will focus on methamphetamine abuse in rural areas.
    ``(d) Authorized Activities.--Each center established under this 
section shall--
            ``(1) engage in research and evaluation of the 
        effectiveness of treatment modalities for the treatment of 
        methamphetamine abuse;
            ``(2) disseminate information to public and private 
        entities on effective treatments for methamphetamine abuse;
            ``(3) provide direct technical assistance to States, 
        political subdivisions of States, and private entities on how 
        to improve the treatment of methamphetamine abuse; and
            ``(4) provide training on the effects of methamphetamine 
        use and on effective ways of treating methamphetamine abuse to 
        substance abuse treatment professionals and community leaders.
    ``(e) Reports.--Each grantee or contractor under this section shall 
annually submit a report to the Administrator that contains--
            ``(1) a description of the previous year's activities of 
        the center established under this section;
            ``(2) effective treatment modalities undertaken by the 
        center; and
            ``(3) evidence to demonstrate that such treatment 
        modalities were successful.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for fiscal year 2006 
and such sums as may be necessary for each of fiscal years 2007 and 
2008.''.

SEC. 203. METHAMPHETAMINE PRECURSOR MONITORING GRANTS.

    (a) Grants Authorized.--The Attorney General, acting through the 
Bureau of Justice Assistance, may award grants to States to establish 
methamphetamine precursor monitoring programs.
    (b) Purpose.--The purpose of the grant program established under 
this section is to--
            (1) prevent the sale of methamphetamine precursors, such as 
        pseudoephedrine and ephedrine, to individuals in quantities so 
        large that the only reasonable purpose of the purchase would be 
        to manufacture methamphetamine;
            (2) educate businesses that legally sell methamphetamine 
        precursors of the need to balance the legitimate need for 
        lawful access to medication with the risk that those substances 
        may be used to manufacture methamphetamine; and
            (3) recalibrate existing prescription drug monitoring 
        programs designed to track the sale of controlled substances to 
        also track the sale of pseudoephedrine or ephedrine in any 
        amount greater than 6 grams.
    (c) Use of Grant Funds.--Grant funds awarded to States under this 
section may be used to--
            (1) implement a methamphetamine precursor monitoring 
        program, including hiring personnel and purchasing computer 
        hardware and software designed to monitor methamphetamine 
        precursor purchases;
            (2) expand existing methamphetamine precursor or 
        prescription drug monitoring programs to accomplish the 
        purposes described in subsection (b);
            (3) pay for training and technical assistance for law 
        enforcement personnel and employees of businesses that lawfully 
        sell substances, which may be used as methamphetamine 
        precursors;
            (4) improve information sharing between adjacent States 
        through enhanced connectivity; or
            (5) make grants to subdivisions of the State to implement 
        methamphetamine precursor monitoring programs.
    (d) Application.--Any State seeking a grant under this section 
shall submit an application to the Attorney General at such time, in 
such manner, and containing such information as the Attorney General 
may require.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each of the fiscal years 2006 and 2007 to 
carry out the provisions of this section.

SEC. 204. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.

    (a) In General.--In addition to any other funds authorized to be 
appropriated for fiscal year 2006 for grants under part Q of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd et seq.), commonly known as the COPS program, there are 
authorized to be appropriated $15,000,000 for such purpose to provide 
training to State and local prosecutors and law enforcement agents for 
the investigation and prosecution of methamphetamine offenses.
    (b) Rural Set-Aside.--Of amounts made available under subsection 
(a), $3,000,000 shall be available only for prosecutors and law 
enforcement agents for rural communities.

SEC. 205. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE 
              PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND 
              CLEANUP.

    Section 1701(d) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796dd(d)) is amended--
            (1) in paragraph (11) by striking ``and'' at the end;
            (2) in paragraph (12) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(13) hire personnel and purchase equipment to assist in 
        the enforcement and prosecution of methamphetamine offenses and 
        the cleanup of methamphetamine-affected areas.''.

SEC. 206. SPECIAL UNITED STATES ATTORNEYS' PROGRAM.

    (a) In General.--The Attorney General shall allocate any amounts 
appropriated pursuant to the authorization under subsection (c) for the 
hiring and training of special assistant United States attorneys.
    (b) Use of Funds.--The funds allocated under subsection (a) shall 
be used to--
            (1) train local prosecutors in techniques used to prosecute 
        methamphetamine cases, including the presentation of evidence 
        related to the manufacture of methamphetamine;
            (2) train local prosecutors in Federal and State laws 
        involving methamphetamine manufacture or distribution;
            (3) cross-designate local prosecutors as special assistant 
        United States attorneys; and
            (4) hire additional local prosecutors who--
                    (A) with the approval of the [United States 
                attorney,] shall be cross-designated to prosecute both 
                Federal and State methamphetamine cases;
                    (B) shall be assigned a caseload, whether in State 
                court or Federal court, that gives the highest priority 
                to cases in which--
                            (i) charges related to methamphetamine 
                        manufacture or distribution are submitted by 
                        law enforcement for consideration; and
                            (ii) the defendant has been previously 
                        convicted of a crime related to methamphetamine 
                        manufacture or distribution.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each of the fiscal years 2006 and 2007 to 
carry out the provisions of this section.
                                                       Calendar No. 184

109th CONGRESS

  1st Session

                                 S. 103

_______________________________________________________________________

                                 A BILL

    To respond to the illegal production, distribution, and use of 
     methamphetamine in the United States, and for other purposes.

_______________________________________________________________________

                             July 28, 2005

                       Reported with an amendment
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