Combat Meth Act of 2005 - Title I: Enforcement - Subtitle A: Amendments to Controlled Substances Act - (Sec. 101) Amends the Controlled Substances Act (CSA) to add pseudoephedrine and ephedrine as schedule V substances.
Requires a distributor or pharmacy that sells such a pseudoephedrine substance to ensure that: (1) it is dispensed or sold at retail only by a practitioner, pharmacist, or individual under the pharmacist's supervision as permitted by the state; (2) any person purchasing, receiving, or otherwise acquiring it, prior to taking possession, provides an approved federal or state-issued photo identification (or alternative form of identification authorized by the Attorney General) and signs or makes an entry in a written or electronic log documenting the transaction date, the name of the person, and the name and amount of the substance acquired; and (3) no person acquires more than 7.5 grams of such substance within any 30-day period.
Authorizes the Attorney General to exempt a product: (1) upon determining that it cannot be used in the illegal manufacture of methamphetamine or any other controlled dangerous substance; or (2) upon the manufacturer's application if the Attorney General determines that it has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.
Allows the Attorney General to authorize the sale of such substance by persons other than a practitioner at a location other than a pharmacy if: (1) the Attorney General determines that the retail facility is located within a commercial service airport and sells the substance packaged in liquid and liquid filled gelcaps only, with each single sales package containing not more than 360 mg. per person in a 24-hour period; (2) the Attorney General has issued an alternate place of sale license to the retail location and has issued an alternate dispenser license to the person authorized to make the sale; (3) the person dispensing the substance follows procedures set forth in this Act; and (4) the authorized person dispensing the substance provides notification of the intention to dispense such substance pursuant to a special exception to each state and local law enforcement authority with jurisdiction to investigate crimes involving controlled substances at such location. Makes the limit inapplicable to any such substance dispensed under a valid prescription.
Sets forth requirements regarding rules for the logs, warnings of the potential consequences of false statements or misrepresentations, and alternate forms of identification to be used electronically. Provides immunity from liability for a retailer who in good faith releases information maintained for purposes of compliance with this Act to a law enforcement or regulatory authority, unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.
Permits the Attorney General to register an applicant to dispense such a substance at a location other than a pharmacy, and to register an applicant other than a practitioner to dispense such a substance at such a location, upon determining it would be consistent with the public interest. Prohibits the Attorney General from registering an applicant who does not have a valid state license.
Requires persons registered with the Drug Enforcement Administration (DEA) to manufacture or distribute controlled substances to maintain adequate security and provide effective controls and procedures to guard against theft and diversion, but provides that such persons shall not otherwise be required to meet the storage, reporting, recordkeeping, or physical security control requirements for pseudoephedrine substances.
Provides that this Act shall not be contrued to prohibit states and their political subdivisions from: (1) adopting and enforcing penalties that are different from those applicable under CSA; and (2) permitting the sale of specified pediatric pseudoephedrine products.
(Sec. 102) Requires persons registered with the DEA to manufacture, deliver, distribute, or dispense controlled substances to take reasonable steps to guard against hiring persons who may, as a result of their employment, have access to and become involved in the theft and diversion of controlled substances, including (notwithstanding state law) by asking applicants whether they have been convicted of any controlled substances crime.
Title II: Education, Prevention, and Treatment - (Sec. 201) Amends the Public Health Service Act to authorize: (1) grants for the development of drug endangered children rapid response teams that will intervene on behalf of children exposed to methamphetamine as a result of residing or being present in a home-based clandestine drug laboratory; (2) grants to states, political subdivisions, American Indian tribes, and private, nonprofit entities to provide treatment for methamphetamine abuse (with priority to entities that will serve rural or urban areas experiencing an increase in methamphetamine abuse in states with addiction rates in excess of the national rate); and (3) grants to, or contracts with, public or private nonprofit entities to establish a methamphetamine research, training, and technical assistance center (requires at least one center to focus on abuse in rural areas). Authorizes appropriations.
(Sec. 203) Authorizes the Attorney General, acting through the Bureau of Justice Assistance, to award grants to states to establish methamphetamine precursor monitoring programs. Authorizes appropriations.
(Sec. 204) Authorizes funds to provide training to state and local prosecutors and law enforcement agents for the investigation and prosecution of methamphetamine offenses, including a set-aside for prosecutors and agents for rural communities.
(Sec. 205) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the public safety and community policing grant program to authorize the use of grant funds to hire personnel and equipment to assist in the enforcement and prosecution of methamphetamine offenses and in the cleanup of methamphetamine-affected areas.
(Sec. 206) Directs the Attorney General to allocate funds for hiring and training special assistant U.S. attorneys.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 103 Introduced in Senate (IS)]
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, and Mr. Grassley) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To respond to the illegal production, distribution, and use of
methamphetamine in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combat Meth Act of 2005''.
TITLE I--ENFORCEMENT
SEC. 101. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.
(a) In General.--In addition to any other funds authorized to be
appropriated for fiscal year 2006 for grants under part Q of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.), commonly known as the COPS program, there are
authorized to be appropriated $15,000,000 for such purpose to provide
training to State and local prosecutors and law enforcement agents for
the investigation and prosecution of methamphetamine offenses.
(b) Rural Set-Aside.--Of amounts made available under subsection
(a), $3,000,000 shall be available only for prosecutors and law
enforcement agents for rural communities.
SEC. 102. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE
PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND
CLEANUP.
Section 1701(d) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd(d)) is amended--
(1) in paragraph (11) by striking ``and'' at the end;
(2) in paragraph (12) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(13) hire personnel and purchase equipment to assist in
the enforcement and prosecution of methamphetamine offenses and
the cleanup of methamphetamine-affected areas.''.
SEC. 103. SPECIAL UNITED STATES ATTORNEYS' PROGRAM.
(a) In General.--The Attorney General shall allocate any amounts
appropriated pursuant to the authorization under subsection (c) for the
hiring and training of special assistant United States attorneys.
(b) Use of Funds.--The funds allocated under subsection (a) shall
be used to--
(1) train local prosecutors in techniques used to prosecute
methamphetamine cases, including the presentation of evidence
related to the manufacture of methamphetamine;
(2) train local prosecutors in Federal and State laws
involving methamphetamine manufacture or distribution;
(3) cross-designate local prosecutors as special assistant
United States attorneys; and
(4) hire additional local prosecutors who--
(A) with the approval of the United States
attorney, shall be cross-designated to prosecute both
Federal and State methamphetamine cases;
(B) shall be assigned a caseload, whether in State
court or Federal court, that gives the highest priority
to cases in which--
(i) charges related to methamphetamine
manufacture or distribution are submitted by
law enforcement for consideration; and
(ii) the defendant has been previously
convicted of a crime related to methamphetamine
manufacture or distribution.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each of the fiscal years 2006 and 2007 to
carry out the provisions of this section.
SEC. 104. PSEUDOEPHEDRINE AMENDMENTS TO CONTROLLED SUBSTANCES ACT.
(a) Addition of Pseudoephedrine to Schedule V.--Section 202 of the
Controlled Substances Act (21 U.S.C. 812) is amended by adding at the
end the following:
``(6) Any detectable quantity of pseudoephedrine, its 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 inserting ``(1)'' before ``No controlled
substance''; and
(2) by adding at the end the following:
``(2) If the substance described in paragraph (6) of Schedule V of
section 202 is dispensed, sold, or distributed in a pharmacy--
``(A) the substance shall be dispensed, sold, or
distributed only by a licensed pharmacist or a licensed
pharmacy technician; and
``(B) any person purchasing, receiving, or otherwise
acquiring any such substance shall--
``(i) produce a photo identification showing the
date of birth of such person; and
``(ii) sign a written log or receipt showing--
``(I) the date of the transaction;
``(II) the name of the person; and
``(III) the name and the amount of the
substance purchased, received, or otherwise
acquired.
``(3)(A) No person shall purchase, receive, or otherwise acquire
more than 9 grams of the substance described in paragraph (6) of
Schedule V of section 202 within any 30-day period.
``(B) The limit described in subparagraph (A) shall not apply to
any quantity of such substance dispensed under a valid prescription.
``(4)(A) The Director of the Federal Drug Administration, by rule,
may exempt a product from Schedule V of section 202 if the Director
determines that the produce is not used in the illegal manufacture of
methamphetamine or other controlled dangerous substance.
``(B) The Director of the Federal Drug Administration, upon the
application of a manufacturer of a drug product, may exempt the product
from Schedule V of section 202 if the Director determines that the
product has been formulated in such a way as to effectively prevent the
conversion of the active ingredient into methamphetamine.
``(C) The Director of the Federal Drug Administration, by rule, may
authorize the sale of the substance described in paragraph (6) of
Schedule V of section 202 by persons other than licensed pharmacists or
licensed pharmacy technicians if--
``(i) the Director finds evidence that the absence of a
pharmacy creates a hardship for a community; and
``(ii) the authorized personnel follow the procedure set
forth in this Act.''.
TITLE II--EDUCATION, PREVENTION, AND TREATMENT
SEC. 201. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE ABUSERS.
Section 519 of the Public Health Service Act (42 U.S.C. 290bb-25)
is amended--
(1) in subsection (b), by inserting after paragraph (8) the
following:
``(9) Development of drug endangered children rapid
response teams that will intervene on behalf of children
exposed to methamphetamine as a result of residing or being
present in a home-based clandestine drug laboratory.''; and
(2) in subsection (o)--
(A) by striking ``For the purpose'' and inserting
the following:
``(1) In general.--For the purpose''; and
(B) by adding at the end the following:
``(2) Drug endangered children rapid response teams.--There
are authorized to be appropriated $2,500,000 for each of the
fiscal years 2006 and 2007 to carry out the provisions of
subsection (b)(9).''.
SEC. 202. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND
RELATED CONDITIONS.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended--
(1) by redesignating the section 514 that relates to
methamphetamine and appears after section 514A as section 514B;
(2) in section 514B, as redesignated--
(A) by amending subsection (a)(1) to read as
follows:
``(1) Grants authorized.--The Secretary may award grants to
States, political subdivisions of States, American Indian
Tribes, and private, nonprofit entities to provide treatment
for methamphetamine abuse.'';
(B) by amending subsection (b) to read as follows:
``(b) Priority for Rural Areas.--In awarding grants under
subsection (a), the Secretary shall give priority to entities that will
serve rural areas experiencing an increase in methamphetamine abuse.'';
and
(C) in subsection (d)(1), by striking ``2000'' and
all that follows and inserting ``2005 and such sums as
may be necessary for each of fiscal years 2006 through
2009''; and
(3) by inserting after section 514B, as redesignated, the
following:
``SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, AND TECHNICAL
ASSISTANCE CENTER.
``(a) Program Authorized.--The Secretary, acting through the
Administrator, and in consultation with the Director of the National
Institutes of Health, shall award grants to, or enter into contracts
with, public or private, nonprofit entities to establish a research,
training, and technical assistance center to carry out the activities
described in subsection (d).
``(b) Application.--A public or private, nonprofit entity seeking a
grant or contract under subsection (a) shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(c) Condition.--In awarding grants or entering into contracts
under subsection (a), the Secretary shall ensure that not less than 1
of the centers will focus on methamphetamine abuse in rural areas.
``(d) Authorized Activities.--Each center established under this
section shall--
``(1) engage in research and evaluation of the
effectiveness of treatment modalities for the treatment of
methamphetamine abuse;
``(2) disseminate information to public and private
entities on effective treatments for methamphetamine abuse;
``(3) provide direct technical assistance to States,
political subdivisions of States, and private entities on how
to improve the treatment of methamphetamine abuse; and
``(4) provide training on the effects of methamphetamine
use and on effective ways of treating methamphetamine abuse to
substance abuse treatment professionals and community leaders.
``(e) Reports.--Each grantee or contractor under this section shall
annually submit a report to the Administrator that contains--
``(1) a description of the previous year's activities of
the center established under this section;
``(2) effective treatment modalities undertaken by the
center; and
``(3) evidence to demonstrate that such treatment
modalities were successful.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for fiscal year 2006
and such sums as may be necessary for each of fiscal years 2007 and
2008.''.
SEC. 203. METHAMPHETAMINE PRECURSOR MONITORING GRANTS.
(a) Grants Authorized.--The Attorney General, acting through the
Bureau of Justice Assistance, may award grants to States to establish
methamphetamine precursor monitoring programs.
(b) Purpose.--The purpose of the grant program established under
this section is to--
(1) prevent the sale of methamphetamine precursors, such as
pseudoephedrine, to individuals in quantities so large that the
only reasonable purpose of the purchase would be to manufacture
methamphetamine;
(2) educate businesses that legally sell methamphetamine
precursors of the need to balance the legitimate need for
lawful access to medication with the risk that those substances
may be used to manufacture methamphetamine; and
(3) recalibrate existing prescription drug monitoring
programs designed to track the sale of controlled substances to
also track the sale of pseudoephedrine in any amount greater
than 6 grams.
(c) Use of Grant Funds.--Grant funds awarded to States under this
section may be used to--
(1) implement a methamphetamine precursor monitoring
program, including hiring personnel and purchasing computer
hardware and software designed to monitor methamphetamine
precursor purchases;
(2) expand existing methamphetamine precursor or
prescription drug monitoring programs to accomplish the
purposes described in subsection (b);
(3) pay for training and technical assistance for law
enforcement personnel and employees of businesses that lawfully
sell substances, which may be used as methamphetamine
precursors;
(4) improve information sharing between adjacent States
through enhanced connectivity; or
(5) make grants to subdivisions of the State to implement
methamphetamine precursor monitoring programs.
(d) Application.--Any State seeking a grant under this section
shall submit an application to the Attorney General at such time, in
such manner, and containing such information as the Attorney General
may require.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each of the fiscal years 2006 and 2007 to
carry out the provisions of this section.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S262-263)
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Specter with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Reported by Senator Specter with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 184.
Sponsor introductory remarks on measure. (CR S9972)
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line