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ignated by the President as a disaster area
as a result of Hurricane Katrina of 2005
(in this paragraph referred to as the ‘dis-
aster area’), and the refinanced amount
shall be considered to be part of the new
loan for purposes of this subparagraph.
‘‘(ii) NO EFFECT ON ELIGIBILITY.—A
refinancing under clause (i) by a small
business concern shall be in addition to any
other loan eligibility for that small business
concern under this Act.
‘‘(F) REFINANCING BUSINESS DEBT.—
‘‘(i) IN GENERAL.—Any business debt
of a small business concern that was out-
standing as to principal or interest on Au-
gust 24, 2005, may be refinanced by the
small business concern if it is located in the
disaster area. With respect to a refinancing
under this clause, payments of principal
shall be deferred, and interest may accrue,
during the 1-year period following the date
of refinancing, and the refinanced amount
shall be considered to be part of a new loan
for purposes of this subparagraph.
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‘‘(ii) RESUMPTION OF PAYMENTS.—At
the end of the 1-year period described in
clause (i), the payment of periodic install-
ments of principal and interest shall be re-
quired with respect to such loan, in the
same manner and subject to the same terms
and conditions as would otherwise be appli-
cable to any other loan made under this
subsection.
‘‘(G) TERMS.—A loan under subparagraph
(E) or (F) shall be made at the same interest
rate as economic injury loans under paragraph
(2).
‘‘(H) EXTENDED
APPLICATION
PERIOD.—
Notwithstanding any other provision of law, the
Administrator shall accept applications for as-
sistance under paragraphs (1) and (4) until one
year after the date on which the President des-
ignated the area as a disaster area as a result
of Hurricane Katrina.
‘‘(I) NO SALE.—No loan under this sub-
section made as a result of Hurricane Katrina
may be sold.’’.
(B) CLERICAL AMENDMENTS.—Section 7(b)
of the Small Business Act (15 U.S.C. 636(b)) is
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amended in the undesignated matter at the
end—
(i) by striking ‘‘, (2), and (4)’’ and in-
serting ‘‘and (2)’’; and
(ii) by striking ‘‘, (2), or (4)’’ and in-
serting ‘‘(2)’’.
(d) ENTREPRENEURIAL DEVELOPMENT.—In addition
to any other amounts authorized for any fiscal year, there
are authorized to be appropriated, and there is appro-
priated, to the Administration, to remain available until
expended, for fiscal year 2006—
(1) $21,000,000, to be used for activities of small
business development centers pursuant to section 21 of
the Small Business Act, $15,000,000 of which shall be
non-matching funds and used to aid and assist small
business concerns affected by Hurricane Katrina;
(2) $2,000,000, to be used for the SCORE pro-
gram authorized by section 8(b)(1) of the Small Busi-
ness Act, for the activities described in section
8(b)(1)(B)(ii) of that Act, $1,000,000 of which shall
be used to aid and assist small business concerns af-
fected by Hurricane Katrina;
(3) $4,500,000, to be used for activities of wom-
en’s business centers authorized by section 29(b) of the
Small Business Act and for recipients of a grant
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under section 29(l) of that Act, $2,500,000 of which
shall be non-matching funds used to aid and assist
small business concerns affected by Hurricane
Katrina, which may also be made available to a
women’s business center whose 5-year project ended in
fiscal year 2004;
(4) $1,250,000, to be used for activities of the of-
fice of veteran’s business development pursuant to sec-
tion 32 of the Small Business Act, $750,000 of which
shall be used to aid and assist small business concerns
affected by Hurricane Katrina; and
(5) $5,000,000, to be used for activities of the
microloan program authorized by clauses (ii) and
(iii) of section 7(m)(1)(G) of the Small Business Act
to aid and assist small business concerns adversely af-
fected by Hurricane Katrina.
(e) SMALL BUSINESS DEVELOPMENT CENTERS.—Sec-
tion 21(a)(4) of the Small Business Act (15 U.S.C.
648(a)(4)) is amended by adding at the end the following:
‘‘(D) FISCAL YEARS 2005 AND 2006.—For fis-
cal years 2005 and 2006, the Administrator has
the authority to waive the maximum amount of
$100,000 for grants under paragraph (C)(viii)
for small business development centers assisting
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small business concerns adversely affected by
Hurricane Katrina.’’.
(f) HUBZONES.—Section 3(p)(1) of the Small Busi-
ness Act (15 U.S.C. 632(p)(1)) is amended—
(1) in subparagraph (D), by striking ‘‘or’’;
(2) in subparagraph (E), by striking the period
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(F) the Hurricane Katrina disaster area,
as designated by the Administrator.’’.
(g) OUTREACH PROGRAMS.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, the Administrator
of the Small Business Administration shall establish
a contracting outreach and technical assistance pro-
gram for small business concerns which have had a
primary place of business in, or other significant
presence in the Hurricane Katrina disaster area at
any time following the 60 days prior to the designa-
tion of such area by the Administrator.
(2) ADMINISTRATOR
ACTION.—The Adminis-
trator may fulfill the requirement of paragraph (1)
by acting through—
(A) the Small Business Administration;
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(B) the Federal agency small business offi-
cials designated under Section 15(k)(1) of the
Small Business Act (15 U.S.C. 644(k)(1)); and
(C) any Federal, State, or local government
entity, higher education institution, or private
nonprofit organization that the Administrator
may deem proper, upon conclusion of a memo-
randum of understanding or assistance agree-
ment, as appropriate, with the Administrator.
(h) SMALL BUSINESS BONDING THRESHOLD.—Not-
withstanding any other provision of law, for all procure-
ments related to Hurricane Katrina, the Administrator
may, upon such terms and conditions as it may prescribe,
guarantee and enter into commitments to guarantee any
surety against loss resulting from a breach of the terms of
a bid bond, payment bond, performance bond, or bonds an-
cillary thereto, by a principal on any total work order or
contract amount at the time of bond execution that does
not exceed $10,000,000.
(i) SUPPLEMENTAL EMERGENCY LOANS.—
(1) IN
GENERAL.—Section 7(a) of the Small
Business Act (15 U.S.C. 636(a)) is amended by add-
ing at the end the following:
‘‘(32) SUPPLEMENTAL EMERGENCY LOANS AFTER
HURRICANE KATRINA.—
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‘‘(A) LOAN
AUTHORITY.—In addition to
any other loan authorized by this subsection, the
Administrator shall make such loans under this
subsection (either directly or in cooperation with
banks or other lending institutions through
agreements to participate on an immediate or
deferred basis) as the Administrator determines
appropriate to a small business concern ad-
versely affected by Hurricane Katrina, subject to
subparagraph (B).
‘‘(B) OVERSIGHT PROTECTIONS.—In mak-
ing any loan under subparagraph (A)—
‘‘(i) the borrower shall be made aware
that such loans are for those adversely af-
fected by Hurricane Katrina; and
‘‘(ii) for loans made in cooperation
with a bank or other lending institution—
‘‘(I) lenders shall document for the
Administrator how the borrower was
adversely 
affected 
by 
Hurricane
Katrina, whether directly, or indi-
rectly; and
‘‘(II) not later than 6 months
after the date of enactment of this
paragraph, and every 6 months there-
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after until the date that is 18 months
after the date of enactment of this
paragraph, the Comptroller General
shall make a report regarding such
loans to the Committee on Small Busi-
ness and Entrepreneurship of the Sen-
ate and the Committee on Small Busi-
ness of the House of Representatives,
including verification that such loans
are being used for purposes authorized
by this paragraph.
‘‘(C) FEES.—
‘‘(i) IN
GENERAL.—Notwithstanding
any other provision of law, the Adminis-
trator shall, in lieu of the fee established
under paragraph (23)(A), collect an annual
fee of 0.25 percent of the outstanding bal-
ance of deferred participation loans made
under this subsection to qualified borrowers
for a period of 1 year after the date of en-
actment of this paragraph.
‘‘(ii) 
GUARANTEE
FEES.—Notwith-
standing any other provision of law, the
guarantee fee under paragraph (18)(A) for
a period of 1 year after the date of enact-
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ment of this subparagraph shall be as fol-
lows:
‘‘(I) A guarantee fee equal to 1
percent of the deferred participation
share of a total loan amount that is
not more than $150,000.
‘‘(II) A guarantee fee equal to 2.5
percent of the deferred participation
share of a total loan amount that is
more than $150,000, but not more than
$700,000.
‘‘(III) A guarantee fee equal to 3.5
percent of the deferred participation
share of a total loan amount that is
more than $700,000.’’.
(2) APPROPRIATION.—There is authorized to be
appropriated, and there is appropriated, $75,000,000
to carry out the amendment made by paragraph (1).
(j) SMALL BUSINESS PARTICIPATION.—In order to fa-
cilitate the maximum practicable participation of small
business concerns in activities related to relief and recovery
from Hurricane Katrina, the Administrator and the head
of any Federal agency making procurements related to the
aftermath of Hurricane Katrina, shall set a goal, to be met
within a reasonable time, of awarding to small business
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concerns not less than 30 percent of amounts expended for
prime contracts and not less than 40 percent of amounts
expended for subcontracts on procurements such agency re-
lated to the aftermath of Hurricane Katrina.
(k) ENERGY EMERGENCY RELIEF.—
(1) SMALL BUSINESS AND FARM ENERGY EMER-
GENCY DISASTER LOAN PROGRAM.—
(A) SMALL BUSINESS DISASTER LOAN AU-
THORITY.—Section 7(b) of the Small Business
Act (15 U.S.C. 636(b)) is amended by inserting
after paragraph (4), as added by this Act, the
following:
‘‘(5)(A) For purposes of this paragraph—
‘‘(i) the term ‘base price index’ means the
moving average of the closing unit price on the
New York Mercantile Exchange for heating oil,
natural gas, gasoline, or propane for the 10
days, in each of the most recent 2 preceding
years, which correspond to the trading days de-
scribed in clause (ii);
‘‘(ii) the term ‘current price index’ means
the moving average of the closing unit price on
the New York Mercantile Exchange, for the 10
most recent trading days, for contracts to pur-
chase heating oil, natural gas, gasoline, or pro-
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pane during the subsequent calendar month,
commonly known as the ‘front month’;
‘‘(iii) 
the 
term 
‘significant 
increase’
means—
‘‘(I) with respect to the price of heating
oil, natural gas, gasoline, or propane, any
time the current price index exceeds the base
price index by not less than 40 percent; and
‘‘(II) with respect to the price of ker-
osene, any increase which the Adminis-
trator, in consultation with the Secretary of
Energy, determines to be significant; and
‘‘(iv) a small business concern engaged in
the heating oil business is eligible for a loan, if
the small business concern sells not more than
10,000,000 gallons of heating oil per year.
‘‘(B) The Administration may make such loans,
either directly or in cooperation with banks or other
lending institutions through agreements to participate
on an immediate or deferred basis, to assist a small
business concern that has suffered or that is likely to
suffer substantial economic injury on or after Janu-
ary 1, 2005, as the result of a significant increase in
the price of heating oil, natural gas, gasoline, pro-
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pane, or kerosene occurring on or after January 1,
2005.
‘‘(C) Any loan or guarantee extended pursuant
to this paragraph shall be made at the same interest
rate as economic injury loans under paragraph (2).
‘‘(D) No loan may be made under this para-
graph, either directly or in cooperation with banks or
other lending institutions through agreements to par-
ticipate on an immediate or deferred basis, if the
total amount outstanding and committed to the bor-
rower under this subsection would exceed $1,500,000,
unless such borrower constitutes a major source of em-
ployment in its surrounding area, as determined by
the Administration, in which case the Administra-
tion, in its discretion, may waive the $1,500,000 lim-
itation.
‘‘(E) For purposes of assistance under this
paragraph—
‘‘(i) a declaration of a disaster area based
on conditions specified in this paragraph shall
be required, and shall be made by the President
or the Administrator; or
‘‘(ii) if no declaration has been made pursu-
ant to clause (i), the Governor of a State in
which a significant increase in the price of heat-
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ing oil, natural gas, gasoline, propane, or ker-
osene has occurred may certify to the Adminis-
tration that small business concerns have suf-
fered economic injury as a result of such increase
and are in need of financial assistance which is
not otherwise available on reasonable terms in
that State, and upon receipt of such certifi-
cation, the Administration may make such loans
as would have been available under this para-
graph if a disaster declaration had been issued.
‘‘(F) Notwithstanding any other provision of
law, loans made under this paragraph may be used
by a small business concern described in subpara-
graph (B) to convert from the use of heating oil, nat-
ural gas, gasoline, propane, or kerosene to a renew-
able or alternative energy source, including agri-
culture and urban waste, geothermal energy, cogen-
eration, solar energy, wind energy, or fuel cells.’’.
(B) CONFORMING
AMENDMENTS.—Section
3(k) of the Small Business Act (15 U.S.C.
632(k)) is amended—
(i) by inserting ‘‘, significant increase
in the price of heating oil, natural gas, gas-
oline, propane, or kerosene’’ after ‘‘civil dis-
orders’’; and
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(ii) by inserting ‘‘other’’ before ‘‘eco-
nomic’’.
(C) REPORT.—Not later than 12 months
after the date on which the Administrator of the
Small Business Administration issues guidelines
under paragraph (3)(A), and annually there-
after, the Administrator shall submit to the Com-
mittee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Busi-
ness of the House of Representatives, a report on
the effectiveness of the assistance made available
under section 7(b)(5) of the Small Business Act,
as added by this subsection, including—
(i) the number of small business con-
cerns that applied for a loan under that sec-
tion 7(b)(5) and the number of those that
received such loans;
(ii) the dollar value of those loans;
(iii) the States in which the small
business concerns that received such loans
are located;
(iv) the type of energy that caused the
significant increase in the cost for the par-
ticipating small business concerns; and
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(v) recommendations for ways to im-
prove the assistance provided under that
section 7(b)(5), if any.
(D) EFFECTIVE
DATE.—The amendments
made by this paragraph shall apply during the
4-year period beginning on the earlier of the date
on which guidelines are published by the Admin-
istrator of the Small Business Administration
under paragraph (3), or 30 days after the date
of enactment of this Act, with respect to assist-
ance under section 7(b)(5) of the Small Business
Act, as added by this paragraph.
(2) FARM ENERGY EMERGENCY RELIEF.—
(A) IN
GENERAL.—Section 321(a) of the
Consolidated Farm and Rural Development Act
(7 U.S.C. 1961(a)) is amended—
(i) in the first sentence—
(I) by striking ‘‘operations have’’
and inserting ‘‘operations (i) have’’;
and
(II) by inserting before ‘‘: Pro-
vided,’’ the following: ‘‘, or (ii)(I) are
owned or operated by such an appli-
cant that is also a small business con-
cern (as defined in section 3 of the
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Small Business Act (15 U.S.C. 632)),
and (II) have suffered or are likely to
suffer substantial economic injury on
or after January 1, 2005, as the result
of a significant increase in energy costs
or input costs from energy sources oc-
curring on or after January 1, 2005,
in connection with an energy emer-
gency declared by the President or the
Secretary’’;
(ii) in the third sentence, by inserting
before the period at the end the following:
‘‘or by an energy emergency declared by the
President or the Secretary’’; and
(iii) in the fourth sentence—
(I) by inserting ‘‘or energy emer-
gency’’ after ‘‘natural disaster’’ each
place that term appears; and
(II) by inserting ‘‘or declaration’’
after ‘‘emergency designation’’.
(B) FUNDING.—Funds available on the date
of enactment of this Act for emergency loans
under subtitle C of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961 et seq.)
shall be available to carry out the amendments
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made by subparagraph (A) to meet the needs re-
sulting from natural disasters.
(C) REPORT.—Not later than 12 months
after the date on which the Secretary of Agri-
culture 
issues 
guidelines 
under 
paragraph
(3)(A), and annually thereafter, the Secretary
shall submit to the Committee on Small Business
and Entrepreneurship and the Committee on Ag-
riculture, Nutrition, and Forestry of the Senate
and to the Committee on Small Business and the
Committee on Agriculture of the House of Rep-
resentatives, a report that—
(i) describes the effectiveness of the as-
sistance made available under section
321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)), as
amended by this section; and
(ii) 
contains 
recommendations 
for
ways to improve the assistance provided
under such section 321(a).
(D) EFFECTIVE
DATE.—The amendments
made by this paragraph shall apply during the
4-year period beginning on the earlier of the date
on which guidelines are published by the Sec-
retary of Agriculture under paragraph (3), or 30
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days after the date of enactment of this Act, with
respect to assistance under section 321(a) of the
Consolidated Farm and Rural Development Act
(7 U.S.C. 1961(a)), as amended by this para-
graph.
(3) GUIDELINES AND RULEMAKING.—
(A) GUIDELINES.—Not later than 30 days
after the date of enactment of this Act, the Ad-
ministrator of the Small Business Administra-
tion and the Secretary of Agriculture shall each
issue guidelines to carry out paragraphs (1) and
(2), respectively, and the amendments made
thereby, which guidelines shall become effective
on the date of their issuance.
(B) RULEMAKING.—Not later than 30 days
after the date of enactment of this Act, the Ad-
ministrator of the Small Business Administra-
tion, after consultation with the Secretary of En-
ergy, shall promulgate regulations specifying the
method for determining a significant increase in
the 
price 
of 
kerosene 
under 
section
7(b)(5)(A)(iii)(II) of the Small Business Act, as
added by this Act.
(l) 
BUDGETARY
TREATMENT
OF
LOANS
AND
FINANCINGS.—
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(1) IN
GENERAL.—Assistance made available
under any loan made or approved by the Administra-
tion under this section, subsections (a) or (b) of sec-
tion 7 of the Small Business Act (15 U.S.C. 636(a)),
as amended by this section, except for subsection
7(a)(23)(C), or financings made under title V of the
Small Business Investment Act of 1958 (15 U.S.C.
695 et seq.), as amended by this section, on and after
the date of enactment of this Act, shall be treated as
separate programs of the Small Business Administra-
tion for purposes of the Federal Credit Reform Act of
1990 only.
(2) USE OF FUNDS.—Assistance under this sec-
tion and the amendments made by this section shall
be available effective only to the extent that funds are
made available under appropriations Acts, which
funds shall be utilized to offset the cost (as such term
is defined in section 502 of the Federal Credit Reform
Act of 1990) of such assistance.
(m) EMERGENCY SPENDING.—Appropriations under
this section are designated as emergency spending, as pro-
vided under section 402 of H. Con. Res. 95 (109th Con-
gress).
ANTIDEFICIENCY ACT
SEC. 530. EXTENSION OF UNIVERSAL SERVICE FUND
EXEMPTION FROM THE ANTIDEFICIENCY ACT.
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Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ‘‘Decem-
ber 31, 2005,’’ each place it appears and inserting ‘‘Decem-
ber 31, 2006,’’.
SMALL BUSINESS FEES
SEC. 531. SMALL BUSINESS FEES.
(a) FEES.—Section 7(a)(23) of the Small Business Act
(15 U.S.C. 636(a)(23)) is amended by striking subpara-
graph (C) and inserting the following:
‘‘(C) LOWERING OF FEES.—
‘‘(i) IN GENERAL.—Subject to clauses
(ii) and (iii)—
‘‘(I) the Administrator may re-
duce fees paid by small business bor-
rowers and lenders under clauses (i)
through (iv) of paragraph (18)(A) and
subparagraph (A) of this paragraph;
and
‘‘(II) fees paid by small business
borrowers and lenders shall not be in-
creased above the levels in effect on the
date of enactment of the Consolidated
Appropriations Act, 2005.
‘‘(ii) DETERMINATIONS.—A reduction
in fees under clause (i) shall occur in any
case in which the fees paid by all small
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business borrowers and by lenders for guar-
antees under this subsection, or the sum of
such fees plus any amount appropriated to
carry out this subsection, as applicable, is
more than the amount necessary to equal
the cost to the Administration of making
such guarantees.’’
SEC. 532. None of the funds made available in this
Act may be used to include in any new bilateral or multi-
lateral trade agreement the text of—
(1) paragraph 2 of article 16.7 of the United
States-Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United
States-Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United
States-Morocco Free Trade Agreement.
TITLE VI—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
COUNTERTERRORISM FUND
(RESCISSION)
Of the unobligated balances available under this head-
ing, $11,000,000 are rescinded.
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LEGAL ACTIVITIES
ASSETS FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this head-
ing, $82,000,000 are rescinded.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this head-
ing, $103,502,000 are rescinded; of which $30,000,000 shall
be from funding for J. Edgar Hoover Federal Bureau of
Investigation Building tours; and of which $73,502,000
shall be from funding for the Federal Bureau of Investiga-
tion’s failed computer modernization program.
TITLE VII—
METHAMPHETAMINES
SECTION 701. SHORT TITLE.
This title may be cited as the ‘‘Combat Meth Act of
2005’’.
Subtitle A—Amendments to
Controlled Substances Act
SEC. 710. PSEUDOEPHEDRINE AND EPHEDRINE AMEND-
MENTS TO CONTROLLED SUBSTANCES ACT.
(a) ADDITION OF PSEUDOEPHEDRINE AND EPHED-
RINE TO SCHEDULE V.—The matter under schedule V in
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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 in-
serting 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 per-
mitted by the State.
‘‘(B) REQUIREMENTS
FOR
PURCHASER.—
Any person purchasing, receiving, or otherwise
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acquiring any such substance shall, prior to tak-
ing possession—
‘‘(i) provide an approved Federal or
State-issued photo identification or an al-
ternative form of identification authorized
by the Attorney General; and
‘‘(ii) sign or make an entry in a writ-
ten 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
PUR-
CHASE.—No person shall purchase, receive, or
otherwise acquire more than 7.5 grams of a con-
trolled 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 deter-
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mines that the product cannot be used in the ille-
gal manufacture of methamphetamine or any
other controlled dangerous substance.
‘‘(B) DIFFERENT FORMULATION.—
‘‘(i) IN GENERAL.—The Attorney Gen-
eral, upon the application of a manufac-
turer 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 con-
sider a product under clause (i) to be sub-
ject 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 practi-
tioner, and at a location other than a pharmacy
if—
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‘‘(i) the Attorney General—
‘‘(I) determines that the retail fa-
cility 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 li-
cense to the person authorized to make
the sale under subsections (i) and (j) of
section 303, respectively;
‘‘(ii) the person dispensing the con-
trolled substance described in paragraph (6)
of schedule V follows the procedures set forth
in this Act; and
‘‘(iii) the person authorized under sec-
tion 303(i) dispensing the controlled sub-
stance described in paragraph (6) of sched-
ule 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
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enforcement authority with jurisdiction to
investigate crimes involving controlled sub-
stances 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 Gen-
eral 
shall 
promulgate 
rules 
and
regulations—
‘‘(I) prescribing the content and
format of the log required in para-
graph (2)(B)(ii);
‘‘(II) establishing the manner in
which the information in the log re-
quired in paragraph (2)(B)(ii) shall be
reported to law enforcement authori-
ties; 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
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facilitate a product recall necessary to
protect public health and safety.
‘‘(ii) 
MISREPRESENTATION
WARN-
ING.—The rules and regulations under
clause (i) shall require that the log explain
the potential consequences of false state-
ments or misrepresentations, including re-
quiring that the following statement is
prominently presented: ‘NOTE: PENALTY
FOR MISREPRESENTATION – Any mis-
representation (by omission or concealment,
or by misleading, false, or partial answers
may result in prosecution pursuant to sec-
tion 1001 of title 18, United States Code,
which makes it a criminal offense, punish-
able by a maximum of 5 years imprison-
ment, $10,000 fine, or both, knowingly and
willfully to make a false statement or rep-
resentation to any Department or Agency of
the United States as to any matter within
the jurisdiction of any Department or Agen-
cy of the United States.’
‘‘(B) 
ALTERNATE
IDENTIFICATION.—The
Attorney General shall promulgate rules and reg-
ulations authorizing the acceptance of an alter-
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nate 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 es-
tablished pursuant to Federal or State law is immune
from civil liability unless the release constitutes gross
negligence or intentional, wanton, or willful mis-
conduct.’’.
(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 sub-
stance described in paragraph (6) of schedule V at a
location other than a pharmacy if the Attorney Gen-
eral determines that such registration is consistent
with the public interest.
‘‘(2) CONSIDERATIONS.—In determining the pub-
lic interest, the Attorney General shall consider—
‘‘(A) the applicant’s maintenance of effec-
tive controls against diversion of the controlled
substance described in paragraph (6) of schedule
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V into other than legitimate channels equivalent
to that of a pharmacy;
‘‘(B) the applicant’s compliance with appli-
cable State and local law, including holding a
valid license issued by an appropriate State au-
thority evidencing compliance with subpara-
graph (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 safe-
ty, 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 para-
graph (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.
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‘‘(2) CONSIDERATIONS.—In determining the pub-
lic interest, the Attorney General shall consider—
‘‘(A) the applicant’s compliance with appli-
cable State and local law, including holding a li-
cense 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 safe-
ty, 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 para-
graph (6) of schedule V of section 202 of the Controlled Sub-
stances Act (21 U.S.C. 812), as added by subsection (a),
persons registered with the Drug Enforcement Administra-
tion to manufacture or distribute controlled substances shall
maintain adequate security and provide effective controls
and procedures to guard against theft and diversion, but