Methamphetamine Precursor Control Act of 2005 - Amends the Controlled Substances Import and Export Act to place limitations on the importation of ephedrine, pseudoephedrine, or phenylpropanolamine. Authorizes the Attorney General to: (1) request a distributor of a chemical in the chain of distribution to provide information on such distribution, including sales; and (2) issue an order, upon determining that a foreign-chain distributor is refusing to cooperate, prohibiting the importation of such substances.
Directs the Attorney General, acting through the Administrator of the Drug Enforcement Administration, to carry out a MethWatch program to provide information to retailers regarding the purchase of precursor products by individuals who may intend to use them in illicit methamphetamine production.
Amends the Controlled Substances Act to require the Attorney General to revoke the authority of a person whose registration includes authority regarding ephedrine, pseudoephedrine, or phenylpropanolamine, if such person has received four written notifications that the Attorney General considers the person to be in violation of the Act.
Requires a registration that includes authority for the sale of ephedrine or pseudoephedrine at retail to provide that the registration does not permit such a sale in which more than nine grams is sold in a single transaction. Prohibits knowingly or intentionally possessing more than 24 grams of pseudoephedrine unless specified conditions apply, such as the chemical is possessed for a legitimate medical purpose.
Authorizes additional funding to support research through the National Institutes of Health toward developing drug alternatives to pseudoephedrine.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1056 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1056
To amend the Controlled Substances Act with respect to the distribution
of pseudoephedrine, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 2, 2005
Ms. Hooley introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Controlled Substances Act with respect to the distribution
of pseudoephedrine, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Precursor Control
Act of 2005''.
SEC. 2. RESTRICTIONS ON IMPORTATION.
(a) In General.--Section 1002(a) of the Controlled Substances
Import and Export Act (21 U.S.C. 952(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``or ephedrine, pseudoephedrine, or phenylpropanolamine,''
after ``schedule III, IV, or V of title II,''; and
(2) in paragraph (1), by inserting ``, and of ephedrine,
pseudoephedrine, and phenylpropanolamine,'' after ``coca
leaves''.
(b) Information on Foreign Chain of Distribution; Import
Restrictions Regarding Failure of Distributors to Cooperate.--Section
1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971)
is amended by adding at the end the following subsection:
``(f)(1) With respect to a registered person importing ephedrine,
pseudoephedrine, or phenylpropanolamine (referred to in this section as
an `importer'), a notice of importation under subsection (a) or (b)
shall include all information known to the importer on the chain of
distribution of such chemical from the manufacturer to the importer.
``(2) For the purpose of preventing or responding to the diversion
of ephedrine, pseudoephedrine, or phenylpropanolamine for use in the
illicit production of methamphetamine, the Attorney General may, in the
case of any person who is a manufacturer or distributor of such
chemical in the chain of distribution referred to in paragraph (1)
(referred to in this subsection as a `foreign-chain distributor'),
request that such distributor provide to the Attorney General
information known to the distributor on the distribution of the
chemical, including sales.
``(3) If the Attorney General determines that a foreign-chain
distributor is refusing to cooperate with the Attorney General in
obtaining the information referred to in paragraph (2), the Attorney
General may, in accordance with procedures that apply under subsection
(c), issue an order prohibiting the importation of ephedrine,
pseudoephedrine, or phenylpropanolamine in any case in which such
distributor is part of the chain of distribution for such chemical. Not
later than 60 days prior to issuing the order, the Attorney General
shall publish in the Federal Register a notice of intent to issue the
order. During such 60-day period, imports of the chemical with respect
to such distributor may not be restricted under this paragraph.''.
SEC. 3. METHWATCH PROGRAM; INFORMATION FOR PERSONS SELLING AT RETAIL.
(a) In General.--The Attorney General, acting through the
Administrator of the Drug Enforcement Administration and in
consultation with the States, shall carry out a program to provide
information to retailers regarding the purchase of precursor products
by individuals who may intend to use the products in the illicit
production of methamphetamine.
(b) Certain Requirements.--The activities of the Attorney General
in carrying out the program under subsection (a) shall include the
following:
(1) Providing information to retailers on preventing the
sale of precursor products to individuals referred to in such
subsection and on preventing the theft of the products by such
individuals.
(2) Establishing a system through which retailers can
report suspicious purchases of precursor products and obtain
appropriate technical assistance. The system shall use an
Internet site (or portion thereof), or toll-free telephone
communications, or both, as determined appropriate by the
Attorney General.
(3) Encouraging retailers to place precursor products such
that customers do not have direct access to the products
(commonly known as behind the counter).
(c) Designation of Program.--The program under subsection (a) shall
be designated by the Attorney General as the MethWatch program.
(d) Definitions.--For purposes of this section:
(1) The term ``retailers'' means persons whose
registrations pursuant to section 303(h) of the Controlled
Substances Act authorize sales of ephedrine, pseudoephedrine,
or phenylpropanolamine at retail.
(2) The term ``precursor products'' means products
containing ephedrine, pseudoephedrine, or phenylpropanolamine.
SEC. 4. REVOCATION OF REGISTRATION.
(a) Controlled Substances Act.--
(1) Number of notices regarding violations.--Section 304 of
the Controlled Substances Act (21 U.S.C. 824) is amended by
adding at the end the following subsection:
``(h) In the case of a person whose registration pursuant to
section 303(h) includes authority regarding ephedrine, pseudoephedrine,
or phenylpropanolamine, if such person has received four written
notifications from the Attorney General that the Attorney General
considers the person to be in violation of this Act with respect to
such a chemical, each of which notices involves a separate violation,
the Attorney General shall in accordance with procedures under this
section commence proceedings to revoke such authority of the person.''.
(2) Standard regarding convictions.--The Controlled
Substances Act (21 U.S.C. 801 et seq.) is amended--
(A) in section 303(f)(3), by striking ``laws
relating to'' and all that follows and inserting
``laws.''; and
(B) in section 304(a)(2), by striking ``or of any
State, relating to'' and all that follows and inserting
``or of any State;''.
(b) Controlled Substances Import and Export Act; Number of Notices
Regarding Violations.--Section 1008(c)(2) of the Controlled Substances
Act (21 U.S.C. 824(c)(2)) is amended by adding at the end the following
subparagraph:
``(C) In the case of a person whose registration pursuant to
subparagraph (A) includes authority regarding the importation of
ephedrine, pseudoephedrine, or phenylpropanolamine, if such person has
received four written notifications from the Attorney General that the
Attorney General considers the person to be in violation of this Act
with respect to such a chemical, each of which notices involves a
separate violation, the Attorney General shall in accordance with
procedures under this section commence proceedings to revoke such
authority of the person.''.
SEC. 5. RESTRICTIONS ON SALES OF EPHEDRINE AND PSEUDOEPHEDRINE.
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 303, by adding at the end the following
subsection:
``(i) A registration under subsection (h) that includes authority
for the sale of ephedrine or pseudoephedrine at retail shall provide
that the registration does not permit such a sale in which a quantity
of such chemical in excess of 9.0 grams is sold in a single
transaction.''; and
(2) in section 402(a)--
(A) in paragraph (10), by striking ``or'' after the
semicolon at the end;
(B) in paragraph (11), by striking the period at
the end and inserting a ``; or'' and
(C) by adding at the end the following paragraph:
``(12) who is a registrant with a registration referred to
in section 303(i)--
``(A) to sell ephedrine or pseudoephedrine at
retail in a single transaction in a quantity not
authorized by the registration; or
``(B) to sell pseudoephedrine at retail in
circumstances in which such chemical is mailed or
shipped directly to the purchaser rather than the
purchaser taking possession of the chemical through a
face-to-face transaction with the registrant.''.
SEC. 6. RESTRICTIONS ON POSSESSION OF PSEUDOEPHEDRINE.
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a))
is amended by inserting after the second sentence the following: ``It
shall be unlawful for any person knowingly or intentionally to possess
pseudoephedrine in a quantity exceeding 24.0 grams unless such person
has been issued a registration pursuant to section 303(h) that includes
authority regarding such chemical or unless the chemical is possessed
by the person for a legitimate medical purpose.''
SEC. 7. ADDITIONAL FUNDING FOR RESEARCH ON MEDICAL ALTERNATIVES TO
PSEUDOEPHEDRINE.
For the purpose of conducting and supporting research through the
National Institutes of Health toward developing one or more drugs to
serve as medical alternatives to the use of pseudoephedrine, there are
authorized to be appropriated such sums as may be necessary for fiscal
year 2006 and subsequent fiscal years. Such authorization is in
addition to other authorizations of appropriations that are available
for such purpose.
SEC. 8. REPORTS.
(a) Annual Report.--The Attorney General, acting through the
Administrator of the Drug Enforcement Administration, shall annually
submit to the Congress a report on the progress being made toward the
goal of preventing precursor products (as defined in section 3) from
being used in the illicit production of methamphetamine. Each such
report may include any recommendations of the Attorney General for
modifications to legislative or administrative authorities regarding
such products.
(b) Additional Reports.--Not later than one year after the date of
the enactment of this Act, the Attorney General, acting through the
Administrator of the Drug Enforcement Administration, shall submit to
the Congress a report providing the following:
(1) An evaluation of the effectiveness of programs of the
States to prevent precursor products from being used in the
illicit production of methamphetamine, including the program
carried out by the State of Oregon to maintain a data base of
transactions in such products.
(2) An evaluation of whether Federal programs similar to
any of such State programs should be established.
(3) With respect to foreign countries in which significant
amounts of precursor products are manufactured, an evaluation
of whether such countries have appropriate statutes and
regulations to prevent the products from being so used.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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