In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Major Regulation Cost Review Act of 
2004''.

SEC. 2. REQUIREMENT FOR PERIODIC REVIEW OF ALL MAJOR RULES.

    (a) Requirement.--Chapter 6 of title 5, United States Code, is 
amended by inserting after section 610 the following new section:
``Sec. 610a. Periodic review of major rules
    ``(a)  Requirement for Review of Major Rules.--Not later than 180 
days after the date of the enactment of the Major Regulation Cost 
Review Act of 2004, each agency shall publish in the Federal Register a 
plan for the periodic review of all the major rules issued by the 
agency. Such plan may be amended by the agency at any time by 
publishing the revision in the Federal Register.
    ``(b) Purpose of Review.--The purpose of the review shall be to 
determine whether such rules should be continued without change, or 
should be amended or rescinded, consistent with the stated objectives 
of applicable statutes.
    ``(c) Review Within Five Years.--The plan shall provide for the 
review of all such agency rules existing on the effective date of the 
Major Regulation Cost Review Act of 2004 within five years after that 
date and for the review of such rules adopted after such effective date 
within five years after the publication of such rules as the final 
rule. If the head of the agency determines that completion of the 
review of existing rules is not feasible by the established date, the 
head of the agency shall so certify in a statement published in the 
Federal Register and may extend the completion date by one year at a 
time for a total of not more than five years.
    ``(d) Factors to Consider.--In reviewing major rules in a manner 
consistent with the stated objectives of applicable statutes, the 
agency shall consider the following factors:
            ``(1) The continued need for the rule.
            ``(2) The nature of complaints or comments received 
        concerning the rule from the public.
            ``(3) The complexity of the rule.
            ``(4) The extent to which the rule overlaps, duplicates, or 
        conflicts with other Federal rules, and, to the extent 
        feasible, with State and local governmental rules.
            ``(5) The length of time since the rule has been evaluated 
        or the degree to which technology, economic conditions, or 
        other factors have changed in the area affected by the rule.
    ``(e) Cost-Benefit Analysis.--The review shall include a cost-
benefit analysis of the rule, using the standard cost-benefit 
methodology included in Office of Management and Budget Circular A-4 
(relating to regulatory analysis and issued September 17, 2003). The 
cost-benefit analysis shall include an identification and consideration 
of a range of less costly regulatory alternatives.
    ``(f) Publication of List of Rules to Be Reviewed.--Each year, each 
agency shall publish in the Federal Register a list of the major rules 
which are to be reviewed pursuant to this section during the succeeding 
12 months and which are to be included in the accounting statement and 
associated report submitted to Congress by the Director of the Office 
of Management and Budget under paragraph (4) of section 624(a) of the 
Treasury and General Government Appropriations Act, 2001 (as added by 
section 3 of the Major Regulation Cost Review Act of 2004). The list 
shall include a brief description of each such major rule and the need 
for and legal basis of such rule, and shall invite public comment upon 
the rule.
    ``(g) Major Rule Defined.--In this section, the term `major rule' 
has the meaning provided by section 804 of this title.''.
    (b) Clerical Amendment.--The table of sections for chapter 6 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 610 the following new item:

``610a. Periodic review of major rules.''.

SEC. 3. REQUIREMENTS FOR OMB RELATING TO ANNUAL ACCOUNTING STATEMENT.

    (a) Requirement to Include List of Rules to Be Reviewed in Annual 
Accounting Statement.--Section 624(a) of the Treasury and General 
Government Appropriations Act, 2001 (as enacted into law by Public Law 
106-554; 114 Stat. 2763A-161), is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) a list of the major rules which are to be reviewed by 
        each agency, during the year following the year in which the 
        statement and report are submitted, pursuant to section 610a of 
        title 5, United States Code.''.
    (b) Requirement to Use Agency Cost-Benefit Estimates in Annual 
Accounting Statement.--Section 624 of the Treasury and General 
Government Appropriations Act, 2001 (as enacted into law by Public Law 
106-554; 114 Stat. 2763A-161), is amended--
            (1) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Use of Agency Cost-Benefit Analyses Required.--To carry out 
subsection (a), the Director of the Office of Manage
[EX A]: Major Regulation Cost Review Act of 2004 - Amends Federal civil service law to require each Federal agency to publish in the Federal Register a plan, which may be amended at any time by publishing a revision, for the periodic review of all the major rules issued by the agency. Requires that the plan provide for review within five years after publication as a final rule, with a five year extension permitted.

Directs the agency, in reviewing major rules, to consider: (1) the continued need for the rule; (2) the nature of complaints or comments received from the public concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and with State and local governmental rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.

Requires that: (1) the review include a cost-benefit analysis of the rule, including an identification and consideration of a range of less costly regulatory alternatives; and (2) each year each agency publish a list of the major rules which are to be reviewed and which are to be included in the accounting statement and associated report submitted to Congress by the Director of the Office of Management and Budget.

Makes conforming changes to the Treasury and General Government Appropriations Act, 2001.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Local Policies for Schools 
Act of 2010'' or the ``HELP Schools Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) childhood obesity increased threefold among children 
        and adolescents in the 30 years preceding the date of enactment 
        of this Act;
            (2) about 12,000,000 children and adolescents ages 2 to 19 
        are considered obese;
            (3) obesity-related diseases cost the United States economy 
        more than $147,000,000,000 every year;
            (4) both low levels of physical activity and an increase in 
        caloric intake have contributed to the unprecedented epidemic 
        of childhood obesity;
            (5) overweight adolescents have a 70 to 80 percent chance 
        of becoming overweight adults, increasing the risk for chronic 
        disease, disability, and death;
            (6) children and adolescents are--
                    (A) not meeting dietary recommendations;
                    (B) underconsuming important food groups and 
                nutrients needed for growth and development; and
                    (C) overconsuming saturated fat, trans fat, sodium, 
                and added sugars;
            (7) nutrition education and promotion helps foster a school 
        environment that--
                    (A) supports healthy eating;
                    (B) helps initiate and sustain healthy eating 
                behaviors;
                    (C) increases acceptance and consumption of healthy 
                school meals;
                    (D) increases participation in school meal 
                programs;
                    (E) enhances school meal quality; and
                    (F) supports development and implementation of 
                local wellness policies;
            (8) nutrition education and promotion is a critical 
        component of most major health promotion and disease prevention 
        programs;
            (9) research shows that school-based nutrition programs and 
        services both improve health and contribute to the academic 
        achievement of school children;
            (10) research shows that fit children achieve more 
        academically and have better school attendance and fewer 
        disciplinary problems;
            (11) a comprehensive study of local wellness policies 
        across the United States found that--
                    (A) many policies were underdeveloped and 
                fragmented; and
                    (B) the vast majority of students were enrolled in 
                a school district that did not--
                            (i) require evaluation of the 
                        implementation or effectiveness of the wellness 
                        policy of the district; or
                            (ii) include any provisions for reviewing 
                        and revising the wellness policy;
            (12) the same study reported that between 5 and 6 percent 
        of students were enrolled in a school district that had 
        identified a potential source of funding to support 
        implementation of the wellness policy of the district;
            (13) the nutrition education and promotion initiatives for 
        school children in effect as of the date of enactment of this 
        Act lack coordination, funding, and sustainability;
            (14) the Physical Activity Guidelines for Americans of the 
        Department of Health and Human Services recommend that children 
        engage in at least 60 minutes of physical activity on most, and 
        preferably all, days of the week;
            (15) children spend many waking hours at school and 
        therefore need to be active during the school day to meet the 
        recommendations of the Physical Activity Guidelines for 
        Americans; and
            (16) as of the date of enactment of this Act--
                    (A) only 3.8 percent of elementary schools, 7.9 
                percent of middle schools, and 2.1 percent of high 
                schools provide daily physical education or the 
                equivalent for the entire school year; and
                    (B) 22 percent of schools do not require students 
                to take any physical education at all.

SEC. 3. LOCAL WELLNESS POLICIES.

    Section 5 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1754) is amended to read as follows:

``SEC. 5. LOCAL WELLNESS POLICIES.

    ``(a) Definitions.--In this section:
            ``(1) Extended school day.--The term `extended school day' 
        means--
                    ``(A) the official school day; and
                    ``(B) the time before and after the official school 
                day during which events or activities are primarily 
                under the control of the school or a third party on 
                behalf of the school.
            ``(2) Local wellness policy.--The term `local wellness 
        policy' means a nutrition and physical activity wellness policy 
        of a local educational agency established under section 204 of 
        the Child Nutrition and WIC Reauthorization Act of 2004 (42 
        U.S.C. 1751 note; Public Law 108-265).
    ``(b) Requirements.--Not later than the first day of the school 
year beginning 1 year after the date of enactment of the HELP Schools 
Act of 2010, each local educational agency participating in a program 
authorized by this Act or the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.) shall strengthen the local school wellness policy of the 
local educational agency by ensuring, at a minimum, that the policy--
            ``(1) includes goals for nutrition promotion and education, 
        physical education, physical activity, food marketing and 
        advertising on the school campus, and other school-based 
        activities designed to promote participation in child nutrition 
        programs and student wellness through the extended school day, 
        in a manner that the local educational agency determines to be 
        appropriate;
            ``(2) includes an implementation plan to achieve the goals 
        of the local wellness policy;
            ``(3) ensures that guidelines for reimbursable school meals 
        are not less restrictive than regulations and guidance issued 
        by the Secretary pursuant to subsections (a) and (b) of section 
        10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) and 
        sections 9(f)(1) and 17(a) of this Act, as those regulations 
        and guidance apply to schools;
            ``(4) ensures that nutritional guidelines for foods and 
        beverages sold in schools that are not part of reimbursable 
        school meals are in compliance with the standards established 
        by the Secretary; and
            ``(5) includes a plan for measuring implementation of the 
        local wellness policy, including the designation of a local 
        wellness policy committee under subsection (d).
    ``(c) Transparency.--
            ``(1) In general.--In carrying out this section, each local 
        educational agency shall make readily available and widely 
        disseminate to relevant stakeholders--
                    ``(A) the local wellness policy of the local 
                education agency, including the implementation plan 
                described in subsection (b)(5);
                    ``(B) any assessments of the implementation of the 
                local wellness policy;
                    ``(C) any updates to the local wellness policy; and
                    ``(D) appropriate local and State contact 
                information.
            ``(2) Availability requirement.--Not later than the first 
        day of the school year following the date of enactment of the 
        HELP Schools Act of 2010, each local educational agency shall 
        make readily available the policy and plan described in 
        paragraph (1)(A).
            ``(3) Assessment of implementation.--
                    ``(A) Assessment of implementation.--Not later than 
                2 years after the date of enactment of the HELP Schools 
                Act of 2010, and every 3 years thereafter, each local 
                educational agency shall complete and make readily 
                available the results of an assessment of the 
                implementation of the local wellness policy of the 
                local educational agency that includes--
                            ``(i) the extent to which schools under the 
                        jurisdiction of the local educational agency 
                        are in compliance with the local wellness 
                        policy of the agency;
                            ``(ii) the extent to which the local 
                        wellness policy of the local educational agency 
                        compares with model local wellness policies 
                        recommended under subsection (e)(2)(A)(ii); and
                            ``(iii)(I) a description of the progress 
                        made in attaining the goals of the local 
                        wellness policy described in subsection (b); 
                        and
                            ``(II) any revisions to the local wellness 
                        policy to more effectively address those goals.
    ``(d) Local Wellness Policy Committee.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the HELP Schools Act of 2010, each local 
        educational agency shall designate a standing Local Wellness 
        Policy Committee (referred to in this subsection as the 
        `Committee').
            ``(2) Representation.--
                    ``(A) Required representatives.--The Committee of 
                each local educational agency shall be comprised of at 
                least 1 representative from the local educational 
                agency from each of the following categories of 
                stakeholders:
                            ``(i) Principals.
                            ``(ii) Teachers.
                            ``(iii) Parents of students.
                            ``(iv) Students.
                            ``(v) The school food authority.
                            ``(vi) The school board of the local 
                        educational agency.
                            ``(vii) The physical education program.
                            ``(viii) School health professionals, such 
                        as school nurses, school counselors, social 
                        workers, or health education teachers.
                    ``(B) Authorized representatives.--A Committee may 
                also include a registered dietitian, pediatrician, 
                dentist, a representative of the local health 
                department, or other representatives of the local 
                community.
            ``(3) Terms and conditions.--Each local educational agency 
        shall determine the terms and conditions under which each 
        member of the Committee of the local educational agency serves.
            ``(4) Duties.--Duties and responsibilities of each 
        Committee shall include--
                    ``(A) ensuring that the local educational agency 
                served by the Committee meets the requirements 
                described in this section;
                    ``(B) fostering integration of the local wellness 
                policy of the local educational agency with existing 
                coordinated school health programs, and other health-
                related activities in the schools and community served 
                by the local educational agency; and
                    ``(C) making Committee proceedings and other 
                pertinent information relating to the activities of the 
                Committee readily available.
    ``(e) Technical Assistance and Outreach.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Education and the Secretary of Health and Human 
        Services, acting through the Centers for Disease Control and 
        Prevention, shall assist in the adoption of effective local 
        wellness policies by local educational agencies in accordance 
        with this section.
            ``(2) Outreach.--In carrying out paragraph (1), the 
        Secretary shall perform outreach to key State and local 
        stakeholders to promote effective local wellness policies and 
        provide technical assistance that--
                    ``(A) includes--
                            ``(i) a hotline, online resources, and 
                        trainings on designing, implementing, 
                        promoting, disseminating, and evaluating local 
                        wellness policies and overcoming barriers to 
                        the adoption of local wellness policies; and
                            ``(ii) model local wellness policies and 
                        best practices recommended by Federal agencies, 
                        State agencies, and nongovernmental 
                        organizations; and
                    ``(B) is for guidance purposes only and not binding 
                or otherwise designed to be mandate to schools, local 
                educational agencies, school food authorities, or State 
                child nutrition programs.
            ``(3) Funding.--
                    ``(A) In general.--On October 1, 2010, and on each 
                October 1 thereafter through October 1, 2014, out of 
                any funds in the Treasury not otherwise appropriated, 
                the Secretary of the Treasury shall transfer to the 
                Secretary to carry out this paragraph $1,000,000, to 
                remain available until expended.
                    ``(B) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out this paragraph the funds transferred under 
                subparagraph (A), without further appropriation. 
    ``(f) Study and Report.--
            ``(1) In general.--The Secretary, in conjunction with the 
        Director of the Centers for Disease Control and Prevention, 
        shall prepare a report on the implementation, strength, and 
        effectiveness of the local wellness policies carried out in 
        accordance with this section.
            ``(2) Study of local wellness policies.--The study 
        described in paragraph (1) shall include--
                    ``(A) an analysis of the strengths and weaknesses 
                of local wellness policies and how the policies compare 
                with model local wellness policies recommended under 
                subsection (e)(2)(A)(ii); and
                    ``(B) an assessment of the impact of the local 
                wellness policies in addressing the requirements of 
                subsection (b).
            ``(3) Report.--Not later than January 1, 2014, the 
        Secretary shall submit to the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate and the Committee on 
        Education and Labor of the House of Representatives a report 
        that describes the findings of the study.''.

SEC. 4. REPEAL.

    Section 204 of the Child Nutrition and WIC Reauthorization Act of 
2004 (42 U.S.C. 1751 note; Public Law 108-265) is repealed.

SEC. 5. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
[EX A]: Healthy Local Policies for Schools Act of 2010 or HELP Schools Act of 2010 - Amends the Richard B. Russell National School Lunch Act to replace the nutrition promotion program with a program that requires local educational agencies (LEAs) to ensure that their local wellness policies: (1) include goals for nutrition and physical education, physical activity, on-campus food marketing and advertising, and other school-based activities that promote nutrition and wellness throughout the extended school day; (2) include plans for implementing, and measuring the implementation of, such policies; (3) require reimbursable school meals to meet certain nutritional guidelines; and (4) require the nutritional guidelines for nonreimbursable foods and beverages sold in schools to be in compliance with standards established by the Secretary of Agriculture.

Requires each LEA, within two years of this Act's enactment and every three years thereafter, to complete and disseminate an assessment of their local wellness policy.

Directs each LEA to designate a standing Local Wellness Policy Committee made up of education, health, and nutrition stakeholders to foster the integration of a local wellness policy that meets this Act's requirements with other health-related activities in the LEA's schools and community.

Requires the Secretary to: (1) provide technical assistance and outreach to key state and local stakeholders to promote effective local wellness policies; and (2) prepare a report, in conjunction with the Director of the Centers for Disease Control and Prevention (CDC), on the implementation, strength, and effectiveness of local wellness policies.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DXM Abuse Prevention Act of 2017''.

SEC. 2. SALES OF OVER-THE-COUNTER DRUGS CONTAINING DEXTROMETHORPHAN.

    (a) Prohibited Acts.--
            (1) Verification system.--Section 301 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at 
        the end the following:
    ``(eee) The failure of a retailer (as defined in section 506H) that 
offers for sale in interstate commerce covered drugs (as defined in 
section 506H) to have a verification system as required by section 506H 
(relating to sales of over-the-counter drugs containing 
dextromethorphan).''.
            (2) Identifier for electronic point of sale system; active 
        ingredients.--Section 301 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 331), as amended by paragraph (1), is 
        further amended by adding at the end the following:
    ``(fff) The introduction or delivery for introduction into 
interstate commerce of any covered drug (as defined in section 506H) 
whose labeling does not include--
            ``(1) a universal product code, universal product number, 
        bar code, or similar identifier to allow an electronic point of 
        sale system to recognize that the sale of the covered drug is 
        prohibited to those under the age of 18; and
            ``(2) the established name of each active ingredient of the 
        covered drug within the first panel of the drug facts labeling 
        required by section 201.66(c) of title 21, Code of Federal 
        Regulations (or any successor regulations), in no smaller than 
        6-point type.''.
    (b) Verification System.--The Federal Food, Drug, and Cosmetic Act 
is amended by inserting after section 506G of such Act (21 U.S.C. 356g) 
the following:

``SEC. 506H. SALES OF OVER-THE-COUNTER DRUGS CONTAINING 
              DEXTROMETHORPHAN.

    ``(a) Verification System.--Any retailer selling or offering for 
sale in interstate commerce a covered drug shall have a verification 
system in accordance with this section that is intended to ensure that 
no individual who purchases a covered drug from the retailer is under 
18 years of age. Such a system shall be set up to prompt a retailer to 
examine a purchaser's identification card.
    ``(b) Means Used To Ensure Compliance.--A verification system under 
subsection (a) may ensure compliance with this section by any of, or 
any combination of, the following means:
            ``(1) An electronic point-of-sale system that is coded--
                    ``(A) to prompt for verification of the age of 
                purchasers of covered drugs; and
                    ``(B) to deny sales of covered drugs to those under 
                the age of 18.
            ``(2) Training manuals, materials, or programs that 
        instruct employees--
                    ``(A) to verify the age of purchasers of covered 
                drugs; and
                    ``(B) to deny sales of covered drugs to those under 
                the age of 18.
            ``(3) Signage in and around the sales counter outlining the 
        age restriction on sales of covered drugs.
            ``(4) Designating one on-duty employee to approve sales of 
        covered drugs.
            ``(5) Any other verification measure adopted by a retailer 
        that is designed to ensure that a purchaser of a covered drug 
        is not under 18 years of age if, based on an examination of the 
        purchaser's identification card, the retailer reasonably 
        concludes the identification card is valid and indicates the 
        purchaser is not under 18 years of age.
    ``(c) Exceptions.--
            ``(1) Individuals over 26.--A verification system under 
        subsection (a) need not require verification of the age of any 
        individual over the age of 26.
            ``(2) Valid prescription.--A verification system under 
        subsection (a) need not apply to any sale made by a retailer 
        that is a pharmacy pursuant to a validly issued prescription.
            ``(3) Valid military identification card.--A verification 
        system under subsection (a) need not apply to any sale to an 
        individual who supplies proof at the time of such sale that 
        such individual is actively enrolled in the military and 
        presents a valid military identification card.
    ``(d) Enforcement.--In carrying out this section, the Secretary 
shall coordinate with State entities that regulate retailers, as 
designated by the State, to perform activities to ensure compliance 
with this section, including providing for appropriate investigation of 
complaints related to violations of this section.
    ``(e) Compliance With State System.--If a State has a law under 
which a retailer in the State is required to have a system that ensures 
that no individual who purchases a covered drug from the retailer is 
under 18 years of age, the Secretary shall treat any such retailer in 
the State that is in compliance with such law as having a verification 
system as required by this section, including for purposes of sections 
301(eee) and 303(h).
    ``(f) Definitions.--In this section:
            ``(1) The term `covered drug'--
                    ``(A) means a drug that--
                            ``(i) contains dextromethorphan; and
                            ``(ii) is not subject to section 503(b)(1); 
                        and
                    ``(B) excludes any drug that is packaged in packets 
                or pouches and contains 2 or fewer maximum adult doses 
                of dextromethorphan as allowable under section 341.74 
                of title 21, Code of Federal Regulations (or any 
                successor regulations).
            ``(2) The term `identification card' means an 
        identification card that--
                    ``(A) includes a photograph and the date of birth 
                of the individual; and
                    ``(B) is issued by a State or the Federal 
                Government or is considered acceptable for purposes of 
                sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) 
                of title 8, Code of Federal Regulations (including any 
                successor regulations).
            ``(3) The term `retailer' means--
                    ``(A) a grocery store, general merchandise store, 
                drug store, pharmacy, convenience store, or other 
                entity whose activities as a seller of covered drugs 
                containing dextromethorphan are limited almost 
                exclusively to sales for personal use, both in number 
                and volume of sales, including any sales made by the 
                Internet or other means; and
                    ``(B) excludes any entity listed in subparagraph 
                (A) that does not sell any covered drug described in 
                paragraph (1)(A).''.
    (c) Civil Penalties.--Section 303 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the 
following:
    ``(h) A retailer that violates section 301(eee) shall not be 
subject to subsection (a) or any civil monetary penalty under this Act 
for such violation except as follows:
            ``(1) If the Secretary finds that a retailer fails to have 
        a verification system in violation of section 301(eee)--
                    ``(A) upon the first such finding, the Secretary 
                shall issue a formal notice of violation and give the 
                retailer a period of at least 30 days (beginning on the 
                receipt of such notice) to correct the violation;
                    ``(B) upon the second such finding, the retailer 
                shall be subject to a civil penalty of not more than 
                $1,000;
                    ``(C) upon the third such finding, the retailer 
                shall be subject to a civil penalty of not more than 
                $2,000; and
                    ``(D) upon the fourth and any subsequent such 
                finding, the retailer shall be subject to a civil 
                penalty of not more than $5,000.
            ``(2) In determining the amount of a civil penalty under 
        this subsection for a retailer, the Secretary shall consider 
        whether the retailer has taken appropriate steps to prevent 
        subsequent violations, such as the establishment and 
        administration of a documented employee training program to 
        ensure all employees are familiar with, and abiding by, the 
        retailer's verification system established pursuant to section 
        506H, where such program includes--
                    ``(A) educating employees regarding covered drugs;
                    ``(B) instruction on the correct method of checking 
                a purchaser's identification card; and
                    ``(C) notifying employees of the civil penalties 
                under this subsection.
            ``(3) If a retailer transacts sales of covered drugs at 
        more than one physical location, for purposes of determining 
        the number of violations by that retailer under this 
        subsection, each individual physical location operated by that 
        retailer shall be considered a separate retailer.
            ``(4) The Secretary shall notify retailers found to have 
        violated section 301(eee) as soon as practicable after the 
        Secretary discovers such violation. Such notification shall 
        include the date and time when the failure to have a 
        verification system as required by such section was observed to 
        occur.
            ``(5) In this subsection, the terms `covered drug' and 
        `retailer' have the meanings given such terms in section 
        506H.''.
    (d) Applicability.--The amendments made by subsections (a), (b), 
and (c) shall apply with respect to drugs sold or offered for sale on 
or after the date that is one year after the date of enactment of this 
Act.
    (e) Sense of Congress Regarding Communication by Organizations 
Nominated by Manufacturers.--It is the sense of Congress that 
organizations nominated by manufacturers of covered drugs (as defined 
in section 506H of the Federal Food, Drug, and Cosmetic Act, as added 
by subsection (c)) should make reasonable efforts to communicate to 
retailers (as defined in such section 506H) the requirements of such 
section 506H, including by making available upon request materials 
(which may include signage, manuals, materials, or programs) to assist 
with educating employees regarding such covered drugs.

SEC. 3. RESTRICTIONS ON DISTRIBUTION OF BULK DEXTROMETHORPHAN.

    (a) In General.--The Federal Food, Drug, and Cosmetic Act is 
amended--
            (1) in section 301 (21 U.S.C. 331) (as amended by section 
        2(a)) by adding at the end the following:
    ``(ggg) The possession, receipt, or distribution of unfinished 
dextromethorphan in violation of section 506I.'';
            (2) by inserting after section 506H (as added by section 
        2(b)) the following:

``SEC. 506I. RESTRICTIONS ON THE DISTRIBUTION OF BULK DEXTROMETHORPHAN.

    ``(a) In General.--No person shall--
            ``(1) possess or receive unfinished dextromethorphan, 
        unless the person is registered under section 510 or otherwise 
        registered, licensed, or approved pursuant to Federal or State 
        law to engage in--
                    ``(A) the practice of pharmacy; or
                    ``(B) drug or drug ingredient discovery, 
                production, manufacture, or distribution; or
            ``(2) distribute unfinished dextromethorphan to any person 
        other than a person described in paragraph (1).
    ``(b) Exception for Common Carriers.--This section does not apply 
to a common carrier that possesses, receives, or distributes unfinished 
dextromethorphan for purposes of distributing such unfinished 
dextromethorphan between persons described in subsection (a).
    ``(c) Definitions.--In this section:
            ``(1) The term `common carrier' means any person that holds 
        itself out to the general public as a provider for hire of the 
        transportation by water, land, or air of merchandise, whether 
        or not the person actually operates the vessel, vehicle, or 
        aircraft by which the transportation is provided, between a 
        port or place and a port or place in the United States.
            ``(2) The term `unfinished dextromethorphan' means 
        dextromethorphan that is not contained in a drug that is in 
        finished dosage form.''; and
            (3) by amending section 303, as amended by section 2(c), by 
        adding at the end the following:
    ``(i) A person that violates section 301(ggg) shall not be subject 
to subsection (a) or any civil monetary penalty under this Act for such 
violation except such person shall be subject to a civil penalty in an 
amount of not more than $100,000.''.
    (b) Applicability.--The amendments made by this section apply 
beginning on the date of enactment of this Act.
[EX A]:
DXM Abuse Prevention Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to: (1)&nbsp;require a retailer that sells&nbsp;certain drugs containing dextromethorphan (DXM) to have a verification system that is&nbsp;intended to ensure that no one under 18 years of age purchases such drugs from the retailer, (2)&nbsp;establish other restrictions on&nbsp;the sale of over-the-counter drugs containing DXM, and (3)&nbsp;establish restrictions on the distribution of bulk DXM.