II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 103 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Combat Meth Act of 

3 2005’’. 

4 TITLE I—ENFORCEMENT 

5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS RELATING 

6 TO COPS GRANTS. 

7 (a) IN GENERAL.—In addition to any other funds au8 thorized to be appropriated for fiscal year 2006 for grants 

9 under part Q of title I of the Omnibus Crime Control and 

10 Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), com11 monly known as the COPS program, there are authorized 

12 to be appropriated $15,000,000 for such purpose to pro13 vide training to State and local prosecutors and law en14 forcement agents for the investigation and prosecution of 

15 methamphetamine offenses. 

16 (b) RURAL SET-ASIDE.—Of amounts made available 

17 under subsection (a), $3,000,000 shall be available only 

18 for prosecutors and law enforcement agents for rural com19 munities. 

20 SEC. 102. EXPANSION OF METHAMPHETAMINE HOT SPOTS 

21 PROGRAM TO INCLUDE PERSONNEL AND 

22 EQUIPMENT FOR ENFORCEMENT, PROSECU23 TION, AND CLEANUP. 

24 Section 1701(d) of the Omnibus Crime Control and 

25 Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amend26 ed— 
3

•S 103 RS

1 (1) in paragraph (11) by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (12) by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(13) hire personnel and purchase equipment to 

7 assist in the enforcement and prosecution of meth8 amphetamine offenses and the cleanup of meth9 amphetamine-affected areas.’’. 

10 SEC. 103. SPECIAL UNITED STATES ATTORNEYS’ PROGRAM. 

11 (a) IN GENERAL.—The Attorney General shall allo12 cate any amounts appropriated pursuant to the authoriza13 tion under subsection (c) for the hiring and training of 

14 special assistant United States attorneys. 

15 (b) USE OF FUNDS.—The funds allocated under sub16 section (a) shall be used to— 

17 (1) train local prosecutors in techniques used to 

18 prosecute methamphetamine cases, including the 

19 presentation of evidence related to the manufacture 

20 of methamphetamine; 

21 (2) train local prosecutors in Federal and State 

22 laws involving methamphetamine manufacture or 

23 distribution; 

24 (3) cross-designate local prosecutors as special 

25 assistant United States attorneys; and 
4

•S 103 RS

1 (4) hire additional local prosecutors who— 

2 (A) with the approval of the United States 

3 attorney, shall be cross-designated to prosecute 

4 both Federal and State methamphetamine 

5 cases; 

6 (B) shall be assigned a caseload, whether 

7 in State court or Federal court, that gives the 

8 highest priority to cases in which— 

9 (i) charges related to methamphet10 amine manufacture or distribution are sub11 mitted by law enforcement for consider12 ation; and 

13 (ii) the defendant has been previously 

14 convicted of a crime related to meth15 amphetamine manufacture or distribution. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated $5,000,000 for each of 

18 the fiscal years 2006 and 2007 to carry out the provisions 

19 of this section. 

20 SEC. 104. PSEUDOEPHEDRINE AMENDMENTS TO CON21 TROLLED SUBSTANCES ACT. 

22 (a) ADDITION OF PSEUDOEPHEDRINE TO SCHEDULE

23 V.—Section 202 of the Controlled Substances Act (21 

24 U.S.C. 812) is amended by adding at the end the fol25 lowing: 
5

•S 103 RS

1 ‘‘(6) Any detectable quantity of 

2 pseudoephedrine, its salts or optical isomers, or salts 

3 of optical isomers.’’. 

4 (b) PRESCRIPTIONS.—Section 309(c) of the Con5 trolled Substances Act (21 U.S.C. 829(c)) is amended— 

6 (1) by inserting ‘‘(1)’’ before ‘‘No controlled 

7 substance’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(2) If the substance described in paragraph (6) of 

10 Schedule V of section 202 is dispensed, sold, or distributed 

11 in a pharmacy— 

12 ‘‘(A) the substance shall be dispensed, sold, or 

13 distributed only by a licensed pharmacist or a li14 censed pharmacy technician; and 

15 ‘‘(B) any person purchasing, receiving, or other16 wise acquiring any such substance shall— 

17 ‘‘(i) produce a photo identification showing 

18 the date of birth of such person; and 

19 ‘‘(ii) sign a written log or receipt show20 ing— 

21 ‘‘(I) the date of the transaction; 

22 ‘‘(II) the name of the person; and 

23 ‘‘(III) the name and the amount of 

24 the substance purchased, received, or oth25 erwise acquired. 
6

•S 103 RS

1 ‘‘(3)(A) No person shall purchase, receive, or other2 wise acquire more than 9 grams of the substance described 

3 in paragraph (6) of Schedule V of section 202 within any 

4 30-day period. 

5 ‘‘(B) The limit described in subparagraph (A) shall 

6 not apply to any quantity of such substance dispensed 

7 under a valid prescription. 

8 ‘‘(4)(A) The Director of the Federal Drug Adminis9 tration, by rule, may exempt a product from Schedule V 

10 of section 202 if the Director determines that the produce 

11 is not used in the illegal manufacture of methamphet12 amine or other controlled dangerous substance. 

13 ‘‘(B) The Director of the Federal Drug Administra14 tion, upon the application of a manufacturer of a drug 

15 product, may exempt the product from Schedule V of sec16 tion 202 if the Director determines that the product has 

17 been formulated in such a way as to effectively prevent 

18 the conversion of the active ingredient into methamphet19 amine. 

20 ‘‘(C) The Director of the Federal Drug Administra21 tion, by rule, may authorize the sale of the substance de22 scribed in paragraph (6) of Schedule V of section 202 by 

23 persons other than licensed pharmacists or licensed phar24 macy technicians if— 
7

•S 103 RS

1 ‘‘(i) the Director finds evidence that the ab2 sence of a pharmacy creates a hardship for a com3 munity; and 

4 ‘‘(ii) the authorized personnel follow the proce5 dure set forth in this Act.’’. 

6 TITLE II—EDUCATION, 

7 PREVENTION, AND TREATMENT 

8 SEC. 201. GRANTS FOR SERVICES FOR CHILDREN OF SUB9 STANCE ABUSERS. 

10 Section 519 of the Public Health Service Act (42 

11 U.S.C. 290bb–25) is amended— 

12 (1) in subsection (b), by inserting after para13 graph (8) the following: 

14 ‘‘(9) Development of drug endangered children 

15 rapid response teams that will intervene on behalf of 

16 children exposed to methamphetamine as a result of 

17 residing or being present in a home-based clandes18 tine drug laboratory.’’; and 

19 (2) in subsection (o)— 

20 (A) by striking ‘‘For the purpose’’ and in21 serting the following: 

22 ‘‘(1) IN GENERAL.—For the purpose’’; and 

23 (B) by adding at the end the following: 

24 ‘‘(2) DRUG ENDANGERED CHILDREN RAPID RE25 SPONSE TEAMS.—There are authorized to be appro-
8

•S 103 RS

1 priated $2,500,000 for each of the fiscal years 2006 

2 and 2007 to carry out the provisions of subsection 

3 (b)(9).’’. 

4 SEC. 202. LOCAL GRANTS FOR TREATMENT OF METH5 AMPHETAMINE ABUSE AND RELATED CONDI6 TIONS. 

7 Subpart 1 of part B of title V of the Public Health 

8 Service Act (42 U.S.C. 290bb et seq.) is amended— 

9 (1) by redesignating the section 514 that re10 lates to methamphetamine and appears after section 

11 514A as section 514B; 

12 (2) in section 514B, as redesignated— 

13 (A) by amending subsection (a)(1) to read 

14 as follows: 

15 ‘‘(1) GRANTS AUTHORIZED.—The Secretary 

16 may award grants to States, political subdivisions of 

17 States, American Indian Tribes, and private, non18 profit entities to provide treatment for methamphet19 amine abuse.’’; 

20 (B) by amending subsection (b) to read as 

21 follows: 

22 ‘‘(b) PRIORITY FOR RURAL AREAS.—In awarding 

23 grants under subsection (a), the Secretary shall give pri24 ority to entities that will serve rural areas experiencing 

25 an increase in methamphetamine abuse.’’; and 
9

•S 103 RS

1 (C) in subsection (d)(1), by striking 

2 ‘‘2000’’ and all that follows and inserting 

3 ‘‘2005 and such sums as may be necessary for 

4 each of fiscal years 2006 through 2009’’; and 

5 (3) by inserting after section 514B, as redesig6 nated, the following: 

7 ‘‘SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, 

8 AND TECHNICAL ASSISTANCE CENTER. 

9 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary, acting 

10 through the Administrator, and in consultation with the 

11 Director of the National Institutes of Health, shall award 

12 grants to, or enter into contracts with, public or private, 

13 nonprofit entities to establish a research, training, and 

14 technical assistance center to carry out the activities de15 scribed in subsection (d). 

16 ‘‘(b) APPLICATION.—A public or private, nonprofit 

17 entity seeking a grant or contract under subsection (a) 

18 shall submit an application to the Secretary at such time, 

19 in such manner, and containing such information as the 

20 Secretary may require. 

21 ‘‘(c) CONDITION.—In awarding grants or entering 

22 into contracts under subsection (a), the Secretary shall en23 sure that not less than 1 of the centers will focus on meth24 amphetamine abuse in rural areas. 
10

•S 103 RS

1 ‘‘(d) AUTHORIZED ACTIVITIES.—Each center estab2 lished under this section shall— 

3 ‘‘(1) engage in research and evaluation of the 

4 effectiveness of treatment modalities for the treat5 ment of methamphetamine abuse; 

6 ‘‘(2) disseminate information to public and pri7 vate entities on effective treatments for methamphet8 amine abuse; 

9 ‘‘(3) provide direct technical assistance to 

10 States, political subdivisions of States, and private 

11 entities on how to improve the treatment of meth12 amphetamine abuse; and 

13 ‘‘(4) provide training on the effects of meth14 amphetamine use and on effective ways of treating 

15 methamphetamine abuse to substance abuse treat16 ment professionals and community leaders. 

17 ‘‘(e) REPORTS.—Each grantee or contractor under 

18 this section shall annually submit a report to the Adminis19 trator that contains— 

20 ‘‘(1) a description of the previous year’s activi21 ties of the center established under this section; 

22 ‘‘(2) effective treatment modalities undertaken 

23 by the center; and 

24 ‘‘(3) evidence to demonstrate that such treat25 ment modalities were successful. 
11

•S 103 RS

1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $3,000,000 for fiscal year 2006 and such sums as may 

4 be necessary for each of fiscal years 2007 and 2008.’’. 

5 SEC. 203. METHAMPHETAMINE PRECURSOR MONITORING 

6 GRANTS. 

7 (a) GRANTS AUTHORIZED.—The Attorney General, 

8 acting through the Bureau of Justice Assistance, may 

9 award grants to States to establish methamphetamine pre10 cursor monitoring programs. 

11 (b) PURPOSE.—The purpose of the grant program es12 tablished under this section is to— 

13 (1) prevent the sale of methamphetamine pre14 cursors, such as pseudoephedrine, to individuals in 

15 quantities so large that the only reasonable purpose 

16 of the purchase would be to manufacture meth17 amphetamine; 

18 (2) educate businesses that legally sell meth19 amphetamine precursors of the need to balance the 

20 legitimate need for lawful access to medication with 

21 the risk that those substances may be used to manu22 facture methamphetamine; and 

23 (3) recalibrate existing prescription drug moni24 toring programs designed to track the sale of con25 trolled substances to also track the sale of 
12

•S 103 RS

1 pseudoephedrine in any amount greater than 6 

2 grams. 

3 (c) USE OF GRANT FUNDS.—Grant funds awarded 

4 to States under this section may be used to— 

5 (1) implement a methamphetamine precursor 

6 monitoring program, including hiring personnel and 

7 purchasing computer hardware and software de8 signed to monitor methamphetamine precursor pur9 chases; 

10 (2) expand existing methamphetamine pre11 cursor or prescription drug monitoring programs to 

12 accomplish the purposes described in subsection (b); 

13 (3) pay for training and technical assistance for 

14 law enforcement personnel and employees of busi15 nesses that lawfully sell substances, which may be 

16 used as methamphetamine precursors; 

17 (4) improve information sharing between adja18 cent States through enhanced connectivity; or 

19 (5) make grants to subdivisions of the State to 

20 implement methamphetamine precursor monitoring 

21 programs. 

22 (d) APPLICATION.—Any State seeking a grant under 

23 this section shall submit an application to the Attorney 

24 General at such time, in such manner, and containing 

25 such information as the Attorney General may require. 
13

•S 103 RS

1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated $5,000,000 for each of 

3 the fiscal years 2006 and 2007 to carry out the provisions 

4 of this section.

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Combat Meth Act of 

7 2005’’. 

8 TITLE I—ENFORCEMENT 

9 Subtitle A—Amendments to 

10 Controlled Substances Act 

11 SEC. 101. PSEUDOEPHEDRINE AND EPHEDRINE AMEND12 MENTS TO CONTROLLED SUBSTANCES ACT. 

13 (a) ADDITION OF PSEUDOEPHEDRINE AND EPHED14 RINE TO SCHEDULE V.—The matter under schedule V in 

15 section 202(c) of the Controlled Substances Act (21 U.S.C. 

16 812(c)) is amended by adding at the end the following: 

17 ‘‘(6) Any detectable quantity of pseudoephedrine 

18 or ephedrine, their salts or optical isomers, or salts of 

19 optical isomers.’’. 

20 (b) PRESCRIPTIONS.—Section 309(c) of the Controlled 

21 Substances Act (21 U.S.C. 829(c)) is amended— 

22 (1) by striking ‘‘No controlled substance’’ and in23 serting the following: 

24 ‘‘(1) IN GENERAL.—No controlled substance’’; 

25 and 
14

•S 103 RS

1 (2) by adding at the end the following: 

2 ‘‘(2) RETAIL DISTRIBUTORS AND PHARMACIES.—

3 If a controlled substance described in paragraph (6) 

4 of schedule V is dispensed or sold at retail by a retail 

5 distributor or a pharmacy, the retail distributor or 

6 pharmacy shall ensure the following: 

7 ‘‘(A) QUALIFICATIONS OF DISPENSER.—The 

8 substance shall be dispensed or sold at retail only 

9 by practitioner, pharmacist, or an individual 

10 under the supervision of a pharmacist as per11 mitted by the State. 

12 ‘‘(B) REQUIREMENTS FOR PURCHASER.—

13 Any person purchasing, receiving, or otherwise 

14 acquiring any such substance shall, prior to tak15 ing possession— 

16 ‘‘(i) provide an approved Federal or 

17 State-issued photo identification or an al18 ternative form of identification authorized 

19 by the Attorney General; and 

20 ‘‘(ii) sign or make an entry in a writ21 ten or electronic log that conforms with the 

22 regulations under paragraph (4) docu23 menting— 

24 ‘‘(I) the date of the transaction; 

25 ‘‘(II) the name of the person; and 
15

•S 103 RS

1 ‘‘(III) the name and the amount 

2 of the controlled substance described in 

3 paragraph (6) of schedule V purchased, 

4 received, or otherwise acquired. 

5 ‘‘(C) LIMITATION ON AMOUNT OF PUR6 CHASE.—No person shall purchase, receive, or 

7 otherwise acquire more than 7.5 grams of a con8 trolled substance described in paragraph (6) of 

9 schedule V within any 30-day period. 

10 ‘‘(3) EXEMPTIONS.— 

11 ‘‘(A) IN GENERAL.—The Attorney General, 

12 by rule, may exempt a product from paragraph 

13 (6) of schedule V if the Attorney General deter14 mines that the product cannot be used in the ille15 gal manufacture of methamphetamine or any 

16 other controlled dangerous substance. 

17 ‘‘(B) DIFFERENT FORMULATION.— 

18 ‘‘(i) IN GENERAL.—The Attorney Gen19 eral, upon the application of a manufac20 turer of a drug product, may exempt a 

21 product from paragraph (6) of schedule V if 

22 the Attorney General determines that the 

23 product has been formulated in such a way 

24 as to effectively prevent the conversion of the 

25 active ingredient into methamphetamine. 
16

•S 103 RS

1 ‘‘(ii) SENSE OF CONGRESS.—It is the 

2 sense of Congress that the Secretary of 

3 Health and Human Services should con4 sider a product under clause (i) to be sub5 ject to the performance goals established by 

6 the Commissioner of Food and Drugs for 

7 priority drugs. 

8 ‘‘(C) SPECIAL EXCEPTIONS.—The Attorney 

9 General, by rule, may authorize the sale of a 

10 controlled substance described in paragraph (6) 

11 of schedule V by persons other than a practi12 tioner, and at a location other than a pharmacy 

13 if— 

14 ‘‘(i) the Attorney General— 

15 ‘‘(I) determines that the retail fa16 cility is located within a commercial 

17 service airport, and sells the substance 

18 packaged in liquid and liquid filled 

19 gelcaps only, each single sales package 

20 containing not more than 360 mg, per 

21 person, in a 24 hour period; or 

22 ‘‘(II) has issued an alternate place 

23 of sale license to the retail location and 

24 has issued an alternate dispenser li25 cense to the person authorized to make 
17

•S 103 RS

1 the sale under subsections (i) and (j) of 

2 section 303, respectively; 

3 ‘‘(ii) the person dispensing the con4 trolled substance described in paragraph (6) 

5 of schedule V follows the procedures set forth 

6 in this Act; and 

7 ‘‘(iii) the person authorized under sec8 tion 303(i) dispensing the controlled sub9 stance described in paragraph (6) of sched10 ule V provides notification, in writing, of 

11 the intention to dispense such substance 

12 pursuant to a special exception under this 

13 subparagraph to each State and local law 

14 enforcement authority with jurisdiction to 

15 investigate crimes involving controlled sub16 stances at such location. 

17 ‘‘(D) PRESCRIPTIONS.—The limit described 

18 in paragraph (2)(C) shall not apply to any 

19 quantity of such substance dispensed under a 

20 valid prescription. 

21 ‘‘(4) REGULATIONS.— 

22 ‘‘(A) RULES FOR LOGS.— 

23 ‘‘(i) IN GENERAL.—The Attorney Gen24 eral shall promulgate rules and regula25 tions— 
18

•S 103 RS

1 ‘‘(I) prescribing the content and 

2 format of the log required in para3 graph (2)(B)(ii); 

4 ‘‘(II) establishing the manner in 

5 which the information in the log re6 quired in paragraph (2)(B)(ii) shall be 

7 reported to law enforcement authori8 ties; and 

9 ‘‘(III) prohibiting accessing, 

10 using, or sharing the information in 

11 the log for any purpose other than to 

12 ensure compliance with this Act or to 

13 facilitate a product recall necessary to 

14 protect public health and safety. 

15 ‘‘(ii) MISREPRESENTATION WARN16 ING.—The rules and regulations under 

17 clause (i) shall require that the log explain 

18 the potential consequences of false state19 ments or misrepresentations, including re20 quiring that the following statement is 

21 prominently presented: ‘NOTE: PENALTY 

22 FOR MISREPRESENTATION – Any mis23 representation (by omission or concealment, 

24 or by misleading, false, or partial answers 

25 may result in prosecution pursuant to sec-
19

•S 103 RS

1 tion 1001 of title 18, United States Code, 

2 which makes it a criminal offense, punish3 able by a maximum of 5 years imprison4 ment, $10,000 fine, or both, knowingly and 

5 willfully to make a false statement or rep6 resentation to any Department or Agency of 

7 the United States as to any matter within 

8 the jurisdiction of any Department or Agen9 cy of the United States.’ 

10 ‘‘(B) ALTERNATE IDENTIFICATION.—The 

11 Attorney General shall promulgate rules and reg12 ulations authorizing the acceptance of an alter13 nate form of identification under paragraph 

14 (2)(B)(i) to be used electronically. 

15 ‘‘(5) GOOD FAITH PROTECTION.—A retailer who 

16 in good faith releases information maintained under 

17 this subsection for purposes of compliance with this 

18 Act to a law enforcement or regulatory authority es19 tablished pursuant to Federal or State law is immune 

20 from civil liability unless the release constitutes gross 

21 negligence or intentional, wanton, or willful mis22 conduct.’’. 

23 (c) ALTERNATE PLACE OF SALES AND DISPENSERS.—

24 Section 303 of the Controlled Substances Act (21 U.S.C. 

25 823) is amended by adding at the end the following: 
20

•S 103 RS

1 ‘‘(i) ALTERNATE PLACE OF SALES LICENSES.— 

2 ‘‘(1) IN GENERAL.—The Attorney General shall 

3 register an applicant to dispense a controlled sub4 stance described in paragraph (6) of schedule V at a 

5 location other than a pharmacy if the Attorney Gen6 eral determines that such registration is consistent 

7 with the public interest. 

8 ‘‘(2) CONSIDERATIONS.—In determining the pub9 lic interest, the Attorney General shall consider— 

10 ‘‘(A) the applicant’s maintenance of effec11 tive controls against diversion of the controlled 

12 substance described in paragraph (6) of schedule 

13 V into other than legitimate channels equivalent 

14 to that of a pharmacy; 

15 ‘‘(B) the applicant’s compliance with appli16 cable State and local law, including holding a 

17 valid license issued by an appropriate State au18 thority evidencing compliance with subpara19 graph (A); 

20 ‘‘(C) the applicant’s prior conviction record 

21 under Federal and State laws; and 

22 ‘‘(D) such other factors as may be relevant 

23 to and consistent with the public health and safe24 ty, including accessibility to rural consumers. 
21

•S 103 RS

1 ‘‘(3) STATE LICENSES.—If an applicant under 

2 paragraph (1) does not have a valid State license as 

3 described in paragraph (2)(B), the Attorney General 

4 shall not register the applicant for a license under 

5 this subsection. 

6 ‘‘(j) ALTERNATE DISPENSER LICENSES.— 

7 ‘‘(1) IN GENERAL.—The Attorney General shall 

8 register an applicant, other than a practitioner, to 

9 dispense a controlled substance described in para10 graph (6) of schedule V at a location other than a 

11 pharmacy if the Attorney General determines that 

12 such registration is consistent with the public interest. 

13 ‘‘(2) CONSIDERATIONS.—In determining the pub14 lic interest, the Attorney General shall consider— 

15 ‘‘(A) the applicant’s compliance with appli16 cable State and local law, including holding a li17 cense issued by an appropriate State authority 

18 evidencing a degree of suitability to dispense the 

19 controlled substance described in paragraph (6) 

20 of schedule V equivalent to that of a practitioner; 

21 ‘‘(B) the applicant’s prior conviction record 

22 under Federal and State laws; and 

23 ‘‘(C) such other factors as may be relevant 

24 to and consistent with the public health and safe25 ty, including accessibility to rural consumers. 
22

•S 103 RS

1 ‘‘(3) STATE LICENSES.—If an applicant under 

2 paragraph (1) does not have a valid State license as 

3 described in paragraph (2)(B), the Attorney General 

4 shall not register the applicant for a license under 

5 this subsection.’’. 

6 (d) THEFT PREVENTION.—Notwithstanding para7 graph (6) of schedule V of section 202 of the Controlled Sub8 stances Act (21 U.S.C. 812), as added by subsection (a), 

9 persons registered with the Drug Enforcement Administra10 tion to manufacture or distribute controlled substances shall 

11 maintain adequate security and provide effective controls 

12 and procedures to guard against theft and diversion, but 

13 shall not otherwise be required to meet the meet the storage, 

14 reporting, recordkeeping, or physical security control re15 quirements (such as a cage or vault) for controlled sub16 stances in schedule V containing pseudoephedrine or ephed17 rine. 

18 (e) STATE PENALTIES AND PEDIATRIC PRODUCTS.—

19 Nothing in this Act shall be construed to— 

20 (1) prevent a State or political subdivision of a 

21 State from adopting and enforcing penalties that are 

22 different from, in addition to, or otherwise not iden23 tical with, the penalties that apply under the Con24 trolled Substances Act (28 U.S.C. 801 et seq.); or 
23

•S 103 RS

1 (2) prevent a State or political subdivision of a 

2 State from permitting the sale of pediatric products 

3 containing pseudoephedrine or ephedrine, their salts 

4 or optical insomers, or salts of optical isomers where 

5 the pediatric product— 

6 (A) is primarily intended for administra7 tion, according to label instructions, to children 

8 under 12 years of age and either— 

9 (i) in solid dosage form, individual 

10 dosage units do not exceed 15 milligrams of 

11 ephedrine or pseudoephedrine; or 

12 (ii) in liquid form, recommended dos13 age units, according to label instructions, do 

14 not exceed 15 milligrams of ephedrine or 

15 pseudoephedrine per 5 milliliters of liquid 

16 product; or 

17 (B) is in liquid form— 

18 (i) primarily intended for administra19 tion to children under 2 years of age; 

20 (ii) the recommended dosage of which 

21 does not exceed 2 milliliters; and 

22 (iii) the total package content is not 

23 more than 1 fluid ounce. 

24 (f) EFFECTIVE DATES.— 
24

•S 103 RS

1 (1) ONLY ACTIVE INGREDIENT.—This section and 

2 the amendments made by this section shall take effect 

3 with regard to any substance in which ephedrine or 

4 pseudoephedrine is the only active ingredient 90 days 

5 after the date of enactment of this Act. 

6 (2) OTHER PRODUCTS.—This section and the 

7 amendments made by this section shall take effect 

8 with regard to any substance other than a substance 

9 described in paragraph (1) on January 1, 2007. 

10 SEC. 102. EMPLOYER SCREENING OF EMPLOYEES WORKING 

11 WITH CONTROLLED SUBSTANCES. 

12 Part C of the Controlled Substances Act (21 U.S.C. 

13 821 et seq.) is amended by adding at the end the following: 

14 ‘‘APPLICANTS AND EMPLOYEES

15 ‘‘SEC. 311. Persons registered with the Drug Enforce16 ment Administration to manufacture, deliver, distribute, or 

17 dispense controlled substances shall take reasonable steps to 

18 guard against hiring persons who may, as a result of their 

19 employment, have access to and become involved in the theft 

20 and diversion of controlled substances, including, notwith21 standing State law, asking applicants for employment 

22 whether they have been convicted of any crime involving 

23 or related to controlled substances.’’. 
25

•S 103 RS

1 TITLE II—EDUCATION, 

2 PREVENTION, AND TREATMENT 

3 SEC. 201. GRANTS FOR SERVICES FOR CHILDREN OF SUB4 STANCE ABUSERS. 

5 Section 519 of the Public Health Service Act (42 

6 U.S.C. 290bb–25) is amended— 

7 (1) in subsection (b), by inserting after para8 graph (8) the following: 

9 ‘‘(9) Development of drug endangered children 

10 rapid response teams that will intervene on behalf of 

11 children exposed to methamphetamine as a result of 

12 residing or being present in a home-based clandestine 

13 drug laboratory.’’; and 

14 (2) in subsection (o)— 

15 (A) by striking ‘‘For the purpose’’ and in16 serting the following: 

17 ‘‘(1) IN GENERAL.—For the purpose’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(2) DRUG ENDANGERED CHILDREN RAPID RE20 SPONSE TEAMS.—There are authorized to be appro21 priated $2,500,000 for each of the fiscal years 2006 

22 and 2007 to carry out the provisions of subsection 

23 (b)(9).’’. 
26

•S 103 RS

1 SEC. 202. LOCAL GRANTS FOR TREATMENT OF METH2 AMPHETAMINE ABUSE AND RELATED CONDI3 TIONS. 

4 Subpart 1 of part B of title V of the Public Health 

5 Service Act (42 U.S.C. 290bb et seq.) is amended— 

6 (1) by redesignating section 514 that relates to 

7 methamphetamine and appears after section 514A as 

8 section 514B; 

9 (2) in section 514B, as redesignated— 

10 (A) by amending subsection (a)(1) to read 

11 as follows: 

12 ‘‘(1) GRANTS AUTHORIZED.—The Secretary may 

13 award grants to States, political subdivisions of 

14 States, American Indian Tribes, and private, non15 profit entities to provide treatment for methamphet16 amine abuse.’’; 

17 (B) by amending subsection (b) to read as 

18 follows: 

19 ‘‘(b) PRIORITY FOR HIGH NEED STATES.—In award20 ing grants under subsection (a), the Secretary shall give 

21 priority to entities that will serve rural or urban areas ex22 periencing an increase in methamphetamine abuse in 

23 States with addiction rates in excess of the national rate.’’; 

24 and 

25 (C) in subsection (d)(1), by striking ‘‘2000’’ 

26 and all that follows and inserting ‘‘2005 and 
27

•S 103 RS

1 such sums as may be necessary for each of fiscal 

2 years 2006 through 2009’’; and 

3 (3) by inserting after section 514B, as redesig4 nated, the following: 

5 ‘‘SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, 

6 AND TECHNICAL ASSISTANCE CENTER. 

7 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary, acting 

8 through the Administrator, and in consultation with the 

9 Director of the National Institutes of Health, shall award 

10 grants to, or enter into contracts with, public or private, 

11 nonprofit entities to establish a research, training, and tech12 nical assistance center to carry out the activities described 

13 in subsection (d). 

14 ‘‘(b) APPLICATION.—A public or private, nonprofit en15 tity seeking a grant or contract under subsection (a) shall 

16 submit an application to the Secretary at such time, in 

17 such manner, and containing such information as the Sec18 retary may require. 

19 ‘‘(c) CONDITION.—In awarding grants or entering into 

20 contracts under subsection (a), the Secretary shall ensure 

21 that not less than 1 of the centers will focus on methamphet22 amine abuse in rural areas. 

23 ‘‘(d) AUTHORIZED ACTIVITIES.—Each center estab24 lished under this section shall— 
28

•S 103 RS

1 ‘‘(1) engage in research and evaluation of the ef2 fectiveness of treatment modalities for the treatment of 

3 methamphetamine abuse; 

4 ‘‘(2) disseminate information to public and pri5 vate entities on effective treatments for methamphet6 amine abuse; 

7 ‘‘(3) provide direct technical assistance to States, 

8 political subdivisions of States, and private entities 

9 on how to improve the treatment of methamphetamine 

10 abuse; and 

11 ‘‘(4) provide training on the effects of meth12 amphetamine use and on effective ways of treating 

13 methamphetamine abuse to substance abuse treatment 

14 professionals and community leaders. 

15 ‘‘(e) REPORTS.—Each grantee or contractor under this 

16 section shall annually submit a report to the Administrator 

17 that contains— 

18 ‘‘(1) a description of the previous year’s activi19 ties of the center established under this section; 

20 ‘‘(2) effective treatment modalities undertaken by 

21 the center; and 

22 ‘‘(3) evidence to demonstrate that such treatment 

23 modalities were successful. 

24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 

25 authorized to be appropriated to carry out this section 
29

•S 103 RS

1 $3,000,000 for fiscal year 2006 and such sums as may be 

2 necessary for each of fiscal years 2007 and 2008.’’. 

3 SEC. 203. METHAMPHETAMINE PRECURSOR MONITORING 

4 GRANTS. 

5 (a) GRANTS AUTHORIZED.—The Attorney General, 

6 acting through the Bureau of Justice Assistance, may 

7 award grants to States to establish methamphetamine pre8 cursor monitoring programs. 

9 (b) PURPOSE.—The purpose of the grant program es10 tablished under this section is to— 

11 (1) prevent the sale of methamphetamine precur12 sors, such as pseudoephedrine and ephedrine, to indi13 viduals in quantities so large that the only reasonable 

14 purpose of the purchase would be to manufacture 

15 methamphetamine; 

16 (2) educate businesses that legally sell meth17 amphetamine precursors of the need to balance the le18 gitimate need for lawful access to medication with the 

19 risk that those substances may be used to manufacture 

20 methamphetamine; and 

21 (3) recalibrate existing prescription drug moni22 toring programs designed to track the sale of con23 trolled substances to also track the sale of 

24 pseudoephedrine or ephedrine in any amount greater 

25 than 6 grams. 
30

•S 103 RS

1 (c) USE OF GRANT FUNDS.—Grant funds awarded to 

2 States under this section may be used to— 

3 (1) implement a methamphetamine precursor 

4 monitoring program, including hiring personnel and 

5 purchasing computer hardware and software designed 

6 to monitor methamphetamine precursor purchases; 

7 (2) expand existing methamphetamine precursor 

8 or prescription drug monitoring programs to accom9 plish the purposes described in subsection (b); 

10 (3) pay for training and technical assistance for 

11 law enforcement personnel and employees of busi12 nesses that lawfully sell substances, which may be 

13 used as methamphetamine precursors; 

14 (4) improve information sharing between adja15 cent States through enhanced connectivity; or 

16 (5) make grants to subdivisions of the State to 

17 implement methamphetamine precursor monitoring 

18 programs. 

19 (d) APPLICATION.—Any State seeking a grant under 

20 this section shall submit an application to the Attorney 

21 General at such time, in such manner, and containing such 

22 information as the Attorney General may require. 

23 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated $5,000,000 for each of the 
31

•S 103 RS

1 fiscal years 2006 and 2007 to carry out the provisions of 

2 this section. 

3 SEC. 204. AUTHORIZATION OF APPROPRIATIONS RELATING 

4 TO COPS GRANTS. 

5 (a) IN GENERAL.—In addition to any other funds au6 thorized to be appropriated for fiscal year 2006 for grants 

7 under part Q of title I of the Omnibus Crime Control and 

8 Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), com9 monly known as the COPS program, there are authorized 

10 to be appropriated $15,000,000 for such purpose to provide 

11 training to State and local prosecutors and law enforcement 

12 agents for the investigation and prosecution of methamphet13 amine offenses. 

14 (b) RURAL SET-ASIDE.—Of amounts made available 

15 under subsection (a), $3,000,000 shall be available only for 

16 prosecutors and law enforcement agents for rural commu17 nities. 

18 SEC. 205. EXPANSION OF METHAMPHETAMINE HOT SPOTS 

19 PROGRAM TO INCLUDE PERSONNEL AND 

20 EQUIPMENT FOR ENFORCEMENT, PROSECU21 TION, AND CLEANUP. 

22 Section 1701(d) of the Omnibus Crime Control and 

23 Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amend24 ed— 
32

•S 103 RS

1 (1) in paragraph (11) by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (12) by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(13) hire personnel and purchase equipment to 

7 assist in the enforcement and prosecution of meth8 amphetamine offenses and the cleanup of meth9 amphetamine-affected areas.’’. 

10 SEC. 206. SPECIAL UNITED STATES ATTORNEYS’ PROGRAM. 

11 (a) IN GENERAL.—The Attorney General shall allocate 

12 any amounts appropriated pursuant to the authorization 

13 under subsection (c) for the hiring and training of special 

14 assistant United States attorneys. 

15 (b) USE OF FUNDS.—The funds allocated under sub16 section (a) shall be used to— 

17 (1) train local prosecutors in techniques used to 

18 prosecute methamphetamine cases, including the pres19 entation of evidence related to the manufacture of 

20 methamphetamine; 

21 (2) train local prosecutors in Federal and State 

22 laws involving methamphetamine manufacture or dis23 tribution; 

24 (3) cross-designate local prosecutors as special 

25 assistant United States attorneys; and 
33

•S 103 RS

1 (4) hire additional local prosecutors who— 

2 (A) with the approval of the ƒUnited States 

3 attorney,≈ shall be cross-designated to prosecute 

4 both Federal and State methamphetamine cases; 

5 (B) shall be assigned a caseload, whether in 

6 State court or Federal court, that gives the high7 est priority to cases in which— 

8 (i) charges related to methamphet9 amine manufacture or distribution are sub10 mitted by law enforcement for consider11 ation; and 

12 (ii) the defendant has been previously 

13 convicted of a crime related to methamphet14 amine manufacture or distribution. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated $5,000,000 for each of the 

17 fiscal years 2006 and 2007 to carry out the provisions of 

18 this section. 
Calendar No. 184 

109TH CONGRESS 

1ST SESSION S. 103 

A BILL

To respond to the illegal production, distribution, 

States, and for other purposes. and use of methamphetamine in the United 

JULY 28, 2005 

Reported with an amendment