PseudoActivism

Meth Mouth Research

2006-05-15T15:37:00.000-07:00

It has been a while since I posted, but a friend passed this along to me.

More Meth-Mouth MisinformationIt's everywhere, it's everywhere!By Jack ShaferPosted Friday, May 12, 2006, at 6:09 PM ETMy sarcasm was as gentle as a chain saw when I first criticized other journalists for their wrong, wrong, wrong descriptions of what causes "meth mouth"—the dramatic tooth loss experienced by many heavy methamphetamine users.
Quoting from the medical literature, I used my column of nine months ago to inform the press that contrary to their reports, meth mouth is not caused by the direct action of "acids" or "contaminants" found in the street drug, nor do the chemicals used in its preparation "eat" away at teeth or "corrode" them. The Minneapolis Star Tribune, the St. Paul Pioneer Press, the Albuquerque Journal, and the Kansas City Star received knocks from me, as did the Associated Press.
To review: The etiology of meth mouth is well understood. Methamphetamine use inhibits saliva production; loss of saliva exposes teeth to bacteria that cause cavities; many users treat their "dry mouth" (xerostomia) symptoms with sugared sodas, which only fuels the bacteria that cause cavities. Combine meth with poor oral hygiene, and soon you'll be ordering dentures. (See the Merck Manual of Medical Information for more about how saliva gland malfunction results in tooth decay and loss.)
But oh, my brothers, the press did not listen to my first report. So, in early November 2005, I goosed my snark to produce a second installment. In January 2006, I added a third. But still the press does not listen.
I come to today's episode with a new medical paper in hand to convince the ignorant of their errors. " 'Meth Mouth': Rampant Caries in Methamphetamine Abusers" from the journal AIDS Patient Care and STDS dismisses the "acid" and "contaminants" theories. The authors, J.W. Shaner, D.M.D., M.S.; N. Kimmes, D.D.S.; T. Saini, D.D.S., M.S.; and P. Edwards, D.D.S., M.S., write that "caries"—dentist lingo for cavities—"is a bacterially mediated disease." Their snarks set only to stun, they continue:
The primary organisms involved in this infectious process belong to a group functionally labeled Streptocooci mutans. The development of a carious lesion is a complex process involving acidogenic bacteria, poor oral hygiene permitting bacterial plaque accumulation to a cariogenic threshold, frequent exposure to refined carbohydrates which are metabolized by S. mutans in the plaque to produce acids, and inadequate saliva that normally serves to buffer any drop in pH at the enamel-plaque interface. Teeth exposed to extrinsic (mainly dietary) and intrinsic acid (gastric acid) develop erosion lesions resulting in a bulk stripping or dissolving of enamel and then dentin. This is frequently seen in long-term lemon suckers involving the facial enamel surface, and in patients with gastroesophageal reflux disorder and bulimia involving the palatal/lingual and occlusal surfaces.
As a further blow to the "contaminant" theory, patients taking prescription MA [methamphetamine] for narcolepsy or attention deficient hyperactivity disorder (ADHD) developed the characteristic carious lesions seen in MA abusers.
So, debate over. Spread the news. Meth causes meth mouth, not "acids" or "contaminants." The first institution that needs to acknowledge this fact is the American Dental Association, whose Web site currently carries this misinformation about meth mouth:
The rampant caries associated with methamphetamine use is attributed to the following: the acidic nature of the drug, the drug's xerostomic effect, its propensity to cause cravings for high calorie carbonated beverages, tooth grinding and clenching and its long duration of action leading to extended periods of poor oral hygiene. [Emphasis added.]
The next institution on my list is the Academy of General Dentistry, whose Web site asserts:
Another reason for the rapid decay of teeth is the caustic nature of the ingredients used to make meth. Ether benzene, Freon and paint thinner are just a few of the extremely dangerous materials to be used in creating meth.
And now on to the popular press dishonor roll:
Chronic meth smokers have teeth rotted to the gum line from the continuous effect of the vapors on tooth enamel. The condition is referred to as "meth mouth."
Even snorting meth causes chemical damage to teeth. Toxic substances drain through the nasal passages and into the mouth, "bathing" the teeth.—Craig (Colo.) Daily Press, Dec. 7, 2005
"I know that meth and crack eat away calcium and make (the teeth) weaker," [Frank, a pseudonym] said. "Sometimes I brushed, but it don't help. The more drugs you do, the worse it gets."—Dubuque, Iowa, Telegraph Herald, Feb. 20, 2006
It also causes "meth mouth," where the user's teeth rot out because chemicals in meth eat tooth enamel. —Fort Wayne Journal-Gazette, March 30, 2006
Meth addicts develop rotten teeth in a condition known as "meth mouth" because meth robs the body of calcium, decreases saliva production and changes the pH of the mouth.—Holmen (Wis.) Courier, April 14, 2006
Methamphetamine is concocted in home laboratories and can contain lye, battery acid, ether or other corrosive agents. These destroy tooth enamel and burn the gum tissue, which becomes infected.—Arizona Republic, April 22, 2006
"Meth mouth" is a condition common in habitual meth users that results in rotting and deteriorating teeth and gums due to chemical ingredients in meth.—Maryville, Tenn. Daily Times, April 25, 2006
In this KHQA Safe Family Health report, KHQA tells you how dentists are dealing with the "Meth Mouth" epidemic.
Bleach, cold tablets, Drano, anhydrous ammonia. It's no wonder someone ingesting these materials would end up with their teeth rotting away.
"Most everything in meth is a corrosive material and they consume enormous amounts of carbonated beverages and they're on highs for so long, they don't brush their teeth or take care of them so the combination is there just to eat up everything," Dr. Bill Esicar said.—KHQA-7 Online (The tri-cities of Keokuk, Iowa; Hannibal, Mo.; and Quincy, Ill.), May 8, 2006
My advice: Don't do meth. Don't believe everything you read about illicit drugs in newspapers or hear over the airwaves. And if your dentist or local police officer likes to talk to the press about meth mouth, tell them to keep up on the medical literature.
******
Dan Wilson of the Appleton (Wis.) Post-Crescent deserves honor-roll treatment for this well-reported, skeptical April 30 story about the "methidemic." I read my e-mail at slate.pressbox@gmail.com. (E-mail may be quoted by name unless the writer stipulates otherwise.) Jack Shafer is Slate's editor at large.

It Must be Patriotic to Combat Meth

2006-03-04T12:28:00.000-08:00

As posed in a previous post, it appears that the federal anti-meth legislation was included in the Patriot Act renewal bill to help its passage.

Below is the text of an email release from Senate Majority Leader Bill Frist (R-TN):

Law enforcement efforts to reduce meth abuse in Tennessee received a tremendous boost today when the Senate voted to reauthorize the U.S.A. Patriot Act. As a result of this reauthorization, local and state officials will receive much needed assistance in their fight against the meth epidemic while our nation’s law enforcement and intelligence communities are guaranteed continued access to the most vital tools they need to fight the War on Terror.
Local law enforcement officials rank methamphetamine abuse as the country’s most significant drug problem, and Tennessee is no exception. As a result, I have made addressing this issue one of my top law enforcement priorities as the Senate majority leader.
The key component of this legislation is the establishment of restrictions on the sale of medicines containing ingredients used to manufacture meth. This new federal legislation will not pre-empt state laws that place even tougher restrictions on access to meth ingredients, but it will ensure that all states abide by the same minimum standards.
As those on the frontlines in protecting Tennesseans from harm – whether in the form of devastating drugs or dangerous people – our state’s law enforcement officials deserve not only our gratitude but also the federal government’s support. I hope you will find the following details about the legislation helpful.
Bill Frist

Combat Meth Act Provisions
Medicines containing pseudoephedrine, ephedrine and phenylpropanolamine (PPA) will be placed behind the counter. Purchasers will be limited to acquiring only enough medication containing meth ingredients as is necessary for legitimate medical use.
This is a meaningful first step in addressing America’s meth abuse crisis. Applying the same minimum standards in all 50 states is a commonsense alternative to the current, easily exploited patchwork of state laws. This legislation will provide additional reinforcement to our state’s efforts to tackle the meth problem by making it difficult for meth cooks to bring large quantities of meth ingredients into the state.
Under the new legislation, local and state officials across the country will benefit from increased funding for personnel, equipment, enforcement, prosecution and environmental clean-up through the Meth Hot Spots program, which is authorized to receive $99,000,000 per year for the next five years under the Combat Meth Epidemic Act. The legislation also authorizes $20,000,000 in grant funding in 2006 and 2007 for Drug Endangered Children rapid response teams.
Funding available in the Combat Meth Act will supplement increased funding Tennessee is already receiving. Last year, Sen. Lamar Alexander, Rep. Zach Wamp and I worked together to secure $3 million to establish a statewide methamphetamine task force and $1 million for the Tennessee Bureau of Investigation (TBI) to develop a statewide crime tracking system. The TBI intelligence and operational law enforcement database will support the task force’s work across the state. The $4 million in total anti-methamphetamine funding will help ensure that all regions of Tennessee have the training and equipment they need to address the state’s methamphetamine crisis.
The Department of Health and Human Services also awarded $17.8 million to Tennessee through the Access to Recovery Program last year. That funding will be distributed over three years to enhance substance abuse clinical treatment and provide recovery support services. In August, the state was awarded an additional $1.5 million over three years to support treatment in six rural counties that have been especially hard hit by methamphetamine.

Different Strokes for Different States

2006-02-05T09:35:00.000-08:00

Illinois Gov. Blagojovich is pushing for Meth prisons which would focus on treatment and rehabilitation rather than seclusion. Shouldn't we be focusing on rehab in all the prisons, regardless of the offense?

New Mexico is working on a bill that would make it a first-degree felony to distribute meth within 1000 feet of a school. Apparently, meth was not included under NM's previous drug laws, nor were parochial and private schools covered under the drug zone laws.

Virginia Gov. Mark Warner announced that putting pseudoephedrine behind drug store counters has helped reduce the number of meth labs in the state, citing a decrease of labs found from 30 labs from Oct. 04-Jan. 05 to 9 during Oct. 05-Jan. 06.

A personal observation: many convenience stores have replaced pseudoephedrine products with non-pseudo medicines.

Meth Matcher, Meth Matcher, Show Me a Match

2006-01-03T15:20:00.000-08:00

The Tennessee Bureau of Investigation has implemented a Meth Offender Registry Database so that anyone can look online for people who were arrested on meth-related charges. The Tennessee General Assembly decided that landlords across the state should have access to a database to determine if an applicant has a history with meth. In a society where we have been taught to spy on our neighbors and report "suspicious activity" for national security and an example set by the federal government of doing so, the database is another way to brand a segment of the population that, in all reality, may have rejected their former lifestyle. However, their name stays on an easily accessible, public database for the remainder of their life. Perhaps it is better (for liability's sake) for someone who continues to manufacture meth even after arrest, to do it on their own property.

Granted, the database will help a small segment of the population in their career (as far avoiding possible future problems), but perhaps a more important database would be a listing of places where meth was manufactured. How many future home owners will fall in love with a house where meth was made, wonder at the affordable price, and purchase a home without ever knowing that dangerous chemicals are present?

Props to eBay

Randomly searching eBay for Sudafed and pseudoephedrine has yielded no results so far in the new year (or over the last two months or so). Doing a great job of monitoring.

Media Menagerie

2005-12-16T16:42:00.000-08:00

There have been hundreds of stories in the media since my last post almost a month ago (How has it passed so quickly?). So, in the vein of VH-1's Best Week Ever, here are some of them. In case you missed it:

Meth Chemicals Found in Smithville Water Tower
Apparently, someone needed a hiding spot for their meth lab. What better place than the town water tower? Although it is believed that the chemicals have not contaminated the water supply (the water is stored at the top of the tower and the lab materials were stored at the bottom), the water is being tested just in case.

Canadian Anti-Meth Commercial
Not new to the media, but new to me.

The New Moonshine
A thorough description of the meth problem in the south, including a 22-year-old's recollection of his experience of trying meth as a 16-year-old.

Part of the Patriot Act
Senate Majority Leader Bill Frist helps secure anti-meth legislation by including it in the Patriot Act. My question is: Which does this action really do: make the pseudophedrine controls more palatable or some of the policies under the Patriot Act?

Doctor receiving TennCare arrested for fraud

2005-11-21T19:29:00.000-08:00

WSMV-Nashville aired a story about a TennCare doctor (Tennessee's version of Medicaid) who may be been falsely prescribing pseudoephedrine for some of his patients. I realize that too much control by government is detrimental to society, but it seems that some people in society have set the bar for personal accountability and personal responsibility so low that they either justify their behavior or blame an outside entity for it.

Meth Destroys

While I was away from the site, Tennessee started a public awareness campaign called "Meth Destroys" (Lives, Families, Communities) which targets students to make them aware of the hazards of methamphetamine. It's the same web location of the state's previous site, but it is much more interactive and media intensive. But don't take my word for it...

H.R.2862 Conference Committee

2005-11-04T17:11:00.000-08:00

Checking Congress's Thomas locator, I found that there was a conference committee on the appropriations bill that includes the Anti-Meth language yesterday. JoinTogether.org has a little more information. According to Oregon Live, the Senate version and House version have some major points of contention. The House's version has a stricter limit (3.6g vs. 7.5g) and focuses also on international controls of pseudoephedrine. Here is a factbox comparing the two.

I think The Oregonian is quickly becoming one of my favorite newspapers.

According to the story above, some form of national anti-meth legislation should pass this year. Is it too early to say, "Merry Christmas"?

Question Posed

2005-10-25T23:39:00.000-07:00

In response to the question asked by Anonymous in the post below, I have considered the option of legalizing meth and taxing it to fund rehab programs. To answer that, I look at the two legal drugs in the United States that are heavily taxed - tobacco and alcohol - and point to the innumerable deaths that have been contributed to by each. Lung cancer, drunk driving accidents, liver disease, mouth cancers, etc.

I realize that the end result of life is death, and pointing out causes of death stemming from a particular product or industry does not necessarily mean it should be illegal. How many people die each year from automobile accidents where alcohol or cell phones are not contributing factors. Tiredness, changing the station on the radio, or just another random distraction inside or outisde of the vehicle are all causes of accidents.

Essentially, there are so many issues that tie together that there, unfortunately, is no simple solution to any of these problems. Personal accountability and responsibility only go so far, especially if one loses control of their life because of an addiction.

Thanks for the links.

Take the Last Train to Cranktown

2005-10-24T19:10:00.000-07:00

Beulah, AL is described in this article as a place where 8 out of 10 people have been directly affected by meth. It is a sad situation and one that will hopefully be recognized and adequately addressed. Not only by the government, but by family members like "Nanna" (and others who are looking out for their best interest) who can either convince the addicts that they need treatment or by forcing them into treatment by bringing law enforcement into it. I know it is much more difficult when dealing with those you care about than it is for me to write what should ideally be done, but hopefully there are meth interventions.

Although eBay has its anti-pseudoephedrine policy, some sellers are not aware of it. Hence, some auctions are snuck onto the site. Keep your eyes open!

DrugStore.com

I contacted drugstore.com tonight about their pseudoephedrine policy. Just curious. For now.

Some Peace of Mind

2005-10-17T17:08:00.000-07:00

I contacted one company that lists pseudoephedrine online. Not only did they respond to my email with a day, they actually addressed my concerns.

We only sell restricted chemicals to companies. Our policy for orderacceptance is very detailed but we do not share it with the public.Thanks for contacting Gallade Chemical.

I feel a little better, but there are still lots of companies to contact to make sure....

Lend a Hand

2005-10-16T19:25:00.000-07:00

Indiana apparently needs some help convincing lawmakers to address meth in their state. The federal legislation will help some, and (being from Tennessee), I completely understand being $650 million short in the state budget.

Also, I have been looking for other sites that routinely sell pseudoephedrine to learn their policies for shipping to customers. I would not have an issue with someone shipping to a legitimate medical facility or researchers of course, but if they sell to members of the general public, I would (understandably) have to go after them. But with 571 results when "froogling", I've got some work to do. Feel free to help.

Site News

The blog has (officially) passed 1000 hits. Thanks for the support you have expressed and assistance you provided with working towards combating meth. Everything from writing to eBay about specific auctions to writing your elected officials to contacting the FBI because you didn't want to register as an eBay user. I appreciate it all.

Beating the Drum

2005-10-10T20:48:00.000-07:00

The Washington Times, in a roundabout way, printed an article that supports the Combat Meth Act moving through Congress.

This story about meth comes from The Jackson Hole Star Tribune about the Sheriff in Craig, CO. Obviously, it would be difficult for me not to post it. Despite the fabulous name of the town, the article tells the story of workers for natural gas companies struggle to meet the demands of their employers who feel pressured to stay alert on the job. A very sad situation - for the employees and the employers.

Cooper Conveys Support for Anti-Meth Legislation

2005-10-03T15:02:00.000-07:00

I got a response today from Congressman Jim Cooper from my email about S.103.

Thank you for getting in touch with me to express your views regarding S 103, the Combat Meth Act of 2005 . You will be pleased to know that I am the original sponsor of a similar bill in the House of Representatives, HR 2335, the Meth-Endangered Children Protection Act of 2005. It's good to hear from you again. As a member of Congress, knowing your thoughts helps me to better represent all my fellow Tennesseans here in Washington.

As the House of Representatives addresses a wide range of issues in the 109th Congress, I want to convey to you how much I appreciate your continued involvement and participation and I will certainly keep your sentiments in mind. In Congress, I work very hard to promote legislation and policies that will improve the quality of life for all Tennesseans as I support initiatives to help create jobs, improve educational opportunities for our children, and preserve the national security, health and well-being of all American citizens. I hope you will continue to contact me to express your views on the many issues facing our nation and the U.S. Congress.

If you need additional information or assistance, please do not hesitate to contact me or my office. I look forward to hearing from you again in the future.

Sincerely,

Jim Cooper
Member of Congress

On a Personal Note

2005-10-01T08:44:00.000-07:00

I know that my previous entry doesn't carry quite the gusto of "Mission Accomplished", but I know that there is a long way to go. When I first started this page, I intended only to get eBay to prohibit pseudoephedrine auctions. Within just a few days, my cause had grown. After a few weeks of blogging, I realized that this will potentially be a life-long project.

Stopping one site from selling pseudoephedrine is a small victory when there are drug rings, smugglers, and rehabilitation to address. But now that the first goal has been reached, the plan not nearly as concrete. Of course, there is H.R.2864 (the appropriation bill that includes the Combat Meth Act) to get through Congress, but that should take care of itself. That, however, does not mean that I won't be following it. I need to know that it has remained intact. This article pretty much addresses the other issues that need to be addressed.

Thus far, I have been mostly concerned about presenting pertinent information rather than expressing personal views. I intend to continue to follow that pattern, but you might notice a few more personal statements and speculation.

Step One: Accomplished!!

2005-09-30T20:53:00.000-07:00

The DEA, combined with the governments of Oregon, Iowa, Tennessee (I'm sure I'm leaving some others out as well) and concerned private citizens, has finally convinced eBay to prohibit pseudoephedrine auctions.

Sellers may not list medications that contain pseudoephedrine or ephedrine on eBay. These medications now require a prescription from a doctor in at least one state, and the sale of these products is closely regulated by federal and state law.

However...
There are apparently still some kinks to work out. Right now, there are two auctions for Sudafed with pseudoephedrine as the active ingredient:

5620027329, 96 tablets of 30mg pseudoephedrine (2.88g total) out of Los Angeles

5620722343, 240 tablets of 30mg pseudoephedrine (7.2g total) out of North Bay, CA

If you happen to be eBay shopping and come across such an auction, contact them, and it will be taken down. And don't be shy to post it here so we can keep track.

Note-Taking: Other Meth Headlines

METHod to the Madness blog entry by ACDickson, giving props to Boaz Herzog of The Oregonian for his story

Iowa Expresses Concern about eBay Pseudo Sales; See, it's contagious:

"Matthew Graezel, of Ames, said was surfing eBay recently and was surprised by the easy access to pseudoephedrine.
'Low and behold, it was just, like, 300-400 tablets in unmarked boxes,' Graezel said."

Oh, and This Email from Sen. Bill Frist, R-TN

Yesterday the Senate passed the Commerce, Justice and Science appropriations bill with a critical amendment that will help empower communities both in Tennessee and across the country in the fight against methamphetamine abuse. The amendment, which I cosponsored, is called the "Combat Meth Act" and will restrict the sale of over-the-counter cold medicines containing pseudoephedrine, which is frequently used to manufacture methamphetamines in all 50 states.

The growing use of meth across America poses serious health risks to individuals while also threatening to destroy families and entire communities. I’ve been particularly disturbed by the impact this highly addictive and hugely destructive drug has had on communities at home in Tennessee. As you probably know, meth use often leads to violent crimes, child abuse and debilitating health effects that ruin lives and tear families apart. Tennessee has already passed its own law moving cold medicines behind the counter, but not all states have similar laws. For example, addicts are still able to cross the border into North Carolina where they can purchase large quantities of medicines with pseudoephedrine and bring them back across the state line into Tennessee. That’s why I’m proud to join my colleagues in cosponsoring this common sense legislation that will hamper the ability of addicts to make, obtain and spread this toxic drug in Tennessee.

Specifically, the “Combat Meth Act of 2005” includes measures that move cold medicines containing pseudoephedrine behind pharmacy counters. It also amends the Controlled Substances Act to treat qualifying medicines as Schedule V controlled substances while limiting the amount of pseudoephedrine that one person can buy in a month to 7.5 grams and requiring an ID and signature for purchases. The measure permits the Drug Enforcement Agency to develop alternative approaches for regulating stores in rural communities or without pharmacies, and also allows states to develop stricter standards for the sale of pseudoephedrine products. Finally, the legislation creates a national Meth Treatment Center to study effective treatments for abuse, and authorizes $43 million for enforcement, training and research into treatment.

Restricting access to meth precursors can empower local law enforcement and health and social services whose resources are being drained by growing numbers of meth users. Today’s passage is a meaningful first step, and I will work hard with my colleagues in the House and Senate to ensure this provision is included in the final bill so we can stop this growing health and moral crisis.

Bill Frist, M.D.

New Law In Town...In North Carolina

2005-09-28T15:51:00.000-07:00

North Carolina was added to the states with limits on the sale of pseudoephedine when Governor Mike Easley signed House Bill 248 into law earlier this week. Beginning January 15, pseudoephedrine will be placed behind the counter at pharmacies. NC Attorney General Roy Cooper expressed concern about being able to buy the drug online.

"We've asked Congress for stronger limits on the federal level, including a ban on Internet sales," he said, noting that some sellers have tried to sell pseudoephedrine on eBay.

Load 'Em Up

Iowa has joined the bandwagon seeking an end to the selling of pseudoephedrine online.

Another Meth Resource

The Meth Awareness and Prevention Project of South Dakota has lot of great information about their state's problems with methamphetamines. Link there and look around.

Could It Be True?If So, It'd Be the "Best News Ever"

2005-09-26T17:04:00.000-07:00

I just finished a Nashville Public Radio interview with Christine Buttorff, who said immediately after we met that she had just spoken to a representative from eBay and that eBay they have implemented a policy "within the last few days" to prohibit pseudoephedrine sales!!!

While I have not found anything on their website, including in their List of Prohibited Items announcing such, I am hopeful that the "may forbid sales" of pseudo that I have seen in several articles has become "are banning sales" of pseudo.

Because of the word from eBay, WPLN may nix the story. If, however, they do decide to air it, I will post when to listen online.

H.R.2862Appropriations Bill for Science, the Departments on State, Justice, & Commerce

2005-09-25T15:34:00.000-07:00

I know that the bill is probably as confusing and boring as it is long, so here is the important part about meth.

And the entire bill:

HR 2862 EAS
In the Senate of the United States,
September 15, 2005.

Resolved, That the bill from the House of Representatives (H.R. 2862) entitled `An Act making appropriations for Science, the Departments of State, Justice, and Commerce, and related agencies for the fiscal year ending September 30, 2006, and for other purposes.', do pass with the following

AMENDMENTS:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2006, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
For expenses necessary for the administration of the Department of Justice, $116,936,000, of which not to exceed $3,317,000 is for the Facilities Program 2000, to remain available until expended: Provided, That not to exceed 45 permanent positions and 46 full-time equivalent workyears and $11,821,000 shall be expended for the Department Leadership Program exclusive of augmentation that occurred in these offices in fiscal year 2005: Provided further, That not to exceed 24 permanent positions, 19 full-time equivalent workyears and $2,980,000 shall be expended for the Office of Legislative Affairs: Provided further, That not to exceed 17 permanent positions, 22 full-time equivalent workyears and $2,470,000 shall be expended for the Office of Public Affairs: Provided further, That the Offices of Legislative Affairs and Public Affairs may utilize, on a non-reimbursable basis details of career employees within the ceilings provided for the Office of Legislative Affairs and the Office of Public Affairs: Provided further, That not less than $500,000 shall be used to contract with an independent party to carry out a privacy assessment.
JUSTICE INFORMATION SHARING TECHNOLOGY
For necessary expenses for information sharing technology, including planning, development, deployment and Departmental direction, $135,000,000, to remain available until expended: Provided, That, of the funds available $10,000,000 is for the unified financial management system to be administered by the United Financial Management System Executive Council: Provided further, That of the funds provided, $20,000,000 is unavailable for obligation until the Department Chief Information Officer submits the plan described in section 111 of this title.
NARROWBAND COMMUNICATIONS
For necessary expenses for the costs of conversion to narrowband communications, including the cost for operations and maintenance of Land Mobile Radio legacy systems, $90,000,000, to remain available until September 30, 2007: Provided, That the Attorney General shall transfer to the `Narrowband Communications' account all funds made available to the Department of Justice for the purchase of portable and mobile radios: Provided further, That any transfer made into or out of this account shall be subject to section 505 of this Act.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $216,286,000.
DETENTION TRUSTEE
For necessary expenses of the Federal Detention Trustee, $1,222,000,000, to remain available until expended: Provided, That the Trustee shall be responsible for managing the Justice Prisoner and Alien Transportation System and for overseeing housing related to such detention: Provided further, That any unobligated balances available in prior years from the funds appropriated under the heading `Federal Prisoner Detention' shall be transferred to and merged with the appropriation under the heading `Detention Trustee' and shall be available until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General, $70,431,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character.
United States Parole Commission
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission as authorized by law, $11,000,000.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; and rent of private or Government-owned space in the District of Columbia, $648,245,000, of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: Provided, That of the total amount appropriated, not to exceed $1,000 shall be available to the United States National Central Bureau, INTERPOL, for official reception and representation expenses: Provided further, That notwithstanding any other provision of law, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to `Salaries and Expenses, General Legal Activities' from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $6,333,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and kindred laws, $144,451,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, not to exceed $116,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2006, so as to result in a final fiscal year 2006 appropriation from the general fund estimated at not more than $28,451,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $1,572,654,000; of which not to exceed $2,500,000 shall be available until September 30, 2007, for: (1) training personnel in debt collection; (2) locating debtors and their property; (3) paying the net costs of selling property; and (4) tracking debts owed to the United States Government: Provided, That of the total amount appropriated, not to exceed $8,000 shall be available for official reception and representation expenses: Provided further, That not to exceed $20,000,000 shall remain available until expended: Provided further, That not to exceed $2,500,000 for the operation of the National Advocacy Center shall remain available until expended: Provided further, That, in addition to reimbursable full-time equivalent workyears available to the Offices of the United States Attorneys, not to exceed 10,465 positions and 10,451 full-time equivalent workyears shall be supported from the funds appropriated in this Act for the United States Attorneys: Provided further, That of the funds made available under this heading, $1,500,000 shall only be available to continue `Operation Streetsweeper'.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee Program, as authorized, $214,402,000, to remain available until expended and to be derived from the United States Trustee System Fund: Provided, That, notwithstanding any other provision of law, deposits to the Fund shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, $214,402,000 of offsetting collections pursuant to 28 U.S.C. 589a(b) shall be retained and used for necessary expenses in this appropriation and remain available until expended: Provided further, That the sum herein appropriated from the Fund shall be reduced as such offsetting collections are received during fiscal year 2006, so as to result in a final fiscal year 2006 appropriation from the Fund estimated at $0.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by 5 U.S.C. 3109, $1,270,000.
United States Marshals Service
SALARIES AND EXPENSES
For necessary expenses of the United States Marshals Service, $764,199,000; of which not to exceed $6,000 shall be available for official reception and representation expenses; of which $4,000,000 for information technology systems shall remain available until expended; and of which not less than $13,130,000 shall be available for the costs of courthouse security equipment, including furnishings, relocations, and telephone systems and cabling, and shall remain available until September 30, 2007: Provided, That beginning in fiscal year 2007 and for each fiscal year thereafter, the Attorney General shall include in the budget justification materials that the Attorney General submits to Congress in support of the Department of Justice budget (as submitted with the budget of the President under section 1105(a) of title 31, 10 United States Code) an estimate for each United States Marshals Service courthouse security project and an estimate of the budgetary requirements for each such project for each of the five subsequent fiscal years: Provided further, That, in addition to reimbursable full-time equivalent workyears available to the United States Marshals Service, not to exceed 4,657 positions and 4,515 full-time equivalent workyears shall be supported from the funds appropriated in this Act for the United States Marshals Service.
CONSTRUCTION
For construction in space controlled, occupied or utilized by the United States Marshals Service in United States courthouses and Federal buildings, $12,000,000, to remain available until expended: Provided, That beginning in fiscal year 2007 and for each fiscal year thereafter, the Attorney General shall include in the budget justification materials that the Attorney General submits to Congress in support of the Department of Justice budget (as submitted with the budget of the President under section 1105(a) of title 31, 10 United States Code) an estimate for each construction project of United States Marshals Service in United States courthouses and Federal buildings and an estimate of the budgetary requirements for each such project for each of the five subsequent fiscal years.
FEES AND EXPENSES OF WITNESSES
For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, $168,000,000, to remain available until expended: Provided, That not to exceed $8,000,000 may be made available for construction of buildings for protected witness safesites: Provided further, That not to exceed $1,000,000 may be made available for the purchase and maintenance of armored vehicles for transportation of protected witnesses; and of which not to exceed $7,000,000 may be made available for the purchase, installation, and maintenance and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For the necessary expenses of the Community Relations Service, $9,659,000: Provided, That notwithstanding any other provision of law, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and violence prevention activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), $21,468,000, to be derived from the Department of Justice Assets Forfeiture Fund.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking and affiliated money laundering organizations not otherwise provided for, to include intergovernmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime drug trafficking, $440,197,000, of which $50,000,000 shall remain available until expended: Provided, That all funds appropriated under this heading shall be managed and executed by the Administrator of the Drug Enforcement Administration and all employees of the Executive Office for the Organized Crime and Drug Enforcement Task Forces shall report directly to said Administrator within 60 days of enactment of this Act: Provided further, That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation: Provided further, That of the funds provided under this heading, $5,000,000 may be expended for hiring officers in the Southwest United States dedicated to the investigation of manufacturers of fraudulent Federal identity documents, Federal travel documents, or documents allowing access to Federal programs: Provided further, That any unobligated balances remaining available at the end of the fiscal year shall be available to the Administrator of the Drug Enforcement Administration for reallocation among participating organizations in succeeding fiscal years, subject to the reprogramming procedures set forth in section 505 of this Act.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States; including purchase for police-type use of not to exceed 3,868 passenger motor vehicles, of which 3,039 will be for replacement only; and not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to 28 U.S.C. 530C, $5,295,513,000; of which not to exceed $150,000,000 shall remain available until expended; of which $1,600,000,000 shall be for counterterrorism investigations, foreign counterintelligence, and other activities related to our national security; of which $152,546,000 shall be for national security infrastructure; of which not less than $1,200,000 shall be for the Federal Bureau of Investigation for processing of background checks for petitions and applications pending before U.S. Citizenship and Immigration Services; and of which not to exceed $20,000,000 is authorized to be made available for making advances for expenses arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to violent crime, terrorism, organized crime, cybercrime, and drug investigations: Provided, That not to exceed $200,000 shall be available for official reception and representation expenses.
CONSTRUCTION
For necessary expenses to construct or acquire buildings and sites by purchase, or as otherwise authorized by law (including equipment for such buildings); conversion and extension of federally-owned buildings; and preliminary planning and design of projects; $25,213,000, to remain available until expended: Provided, That $15,108,000 shall be available for the planning, design, and construction of a regional analytical training center in Redstone Arsenal: Provided further, That $5,000,000 shall be available for a chemical and biological evidence handling and storage facility to be co-located with comparable facilities in existence for sample, handling and receipt of hazardous material by the Department of the Army.
Drug Enforcement Administration
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to 28 U.S.C. 530C; expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs; and purchase of not to exceed 1,043 passenger motor vehicles, of which 937 will be for replacement only, for police-type use, $1,649,142,000; of which not to exceed $75,000,000 shall remain available until expended; and of which not to exceed $100,000 shall be available for official reception and representation expenses: Provided, That, in addition to reimbursable full-time equivalent workyears available to the Drug Enforcement Administration, not to exceed 8,371 positions and 8,270 full-time equivalent workyears shall be supported from the funds appropriated in this Act for the Drug Enforcement Administration.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, including the purchase of not to exceed 822 vehicles for police-type use, of which 650 shall be for replacement only; not to exceed $40,000 for official reception and representation expenses; for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $923,700,000, of which not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of which $10,000,000 shall remain available until expended: Provided, That no funds appropriated herein shall be available for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of Justice, the records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees: Provided further, That no funds appropriated herein shall be used to pay administrative expenses or the compensation of any officer or employee of the United States to implement an amendment or amendments to 27 CFR 178.118 or to change the definition of `Curios or relics' in 27 CFR 178.11 or remove any item from ATF Publication 5300.11 as it existed on January 1, 1994: Provided further, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under 18 U.S.C. 925(c): Provided further, That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments in fiscal year 2006: Provided further, That no funds appropriated under this or any other Act with respect to any fiscal year may be used to disclose part or all of the contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or any information required to be kept by licensees pursuant to section 923(g) of title 18, United States Code, or required to be reported pursuant to paragraphs (3) and (7) of such section 923(g), to anyone other than a Federal, State, or local law enforcement agency or a prosecutor solely in connection with and for use in a bona fide criminal investigation or prosecution and then only such information as pertains to the geographic jurisdiction of the law enforcement agency requesting the disclosure and not for use in any civil action or proceeding other than an action or proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives, or a review of such an action or proceeding, to enforce the provisions of chapter 44 of such title, and all such data shall be immune from legal process and shall not be subject to subpoena or other discovery in any civil action in a State or Federal court or in any administrative proceeding other than a proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to enforce the provisions of that chapter, or a review of such an action or proceeding; except that this proviso shall not be construed to prevent the disclosure of statistical information concerning total production, importation, and exportation by each licensed importer (as defined in section 921(a)(9) of such title) and licensed manufacturer (as defined in section 921(a)(10) of such title): Provided further, That no funds made available by this or any other Act shall be expended to promulgate or implement any rule requiring a physical inventory of any business licensed under section 923 of title 18, United States Code: Provided further, That no funds under this Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code: Provided further, That no funds authorized or made available under this or any other Act may be used to deny any application for a license under section 923 of title 18, United States Code, or renewal of such a license due to a lack of business activity, provided that the applicant is otherwise eligible to receive such a license, and is eligible to report business income or to claim an income tax deduction for business expenses under the Internal Revenue Code of 1986: Provided further, That of the amount provided under this heading, $5,000,000, to remain available until expended, shall be for the expenses necessary for site selection, architectural design, site preparation and the development of a total cost estimate for the construction of a permanent site for the National Center for Explosives Training and Research: Provided further, That any funds remaining shall be applied to the construction of the Center: Provided further, That the Director of the ATF, when considering site selection shall consider a site collocated with other law enforcement and Federal government entities that provide similar training and research.
Federal Prison System
SALARIES AND EXPENSES
For expenses necessary of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, including purchase (not to exceed 768, of which 701 are for replacement only) and hire of law enforcement and passenger motor vehicles, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $4,889,649,000: Provided, That the Attorney General may transfer to the Health Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent/fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $6,000 shall be available for official reception and representation expenses: Provided further, That not to exceed $85,017,000 shall remain available for prison activations until September 30, 2007: Provided further, That, of the amounts provided for Contract Confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 501(c) of the Refugee Education Assistance Act of 1980, for the care and security in the United States of Cuban and Haitian entrants: Provided further, That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses or other custodial facilities.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $222,112,000, to remain available until expended, of which not to exceed $14,000,000 shall be available to construct areas for inmate work programs, and of which $5,000,000 should be for site planning and development of a Federal Correctional Institution in the Mid-Atlantic region: Provided, That labor of United States prisoners may be used for work performed under this appropriation.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, including purchase (not to exceed five for replacement only) and hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED
Not to exceed $3,365,000 of the funds of the corporation shall be available for its administrative expenses, and for services as authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be determined in accordance with the corporation's current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest.
OFFICE ON VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (`the 1968 Act'); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) (`the 1994 Act'); the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (Public Law 108-21); the Juvenile Justice and Delinquency Prevention Act of 1974 (`the 1974 Act'); and the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386); $371,997,000, to remain available until expended: Provided, That except as otherwise provided by law, not to exceed three percent of funds made available under this heading may be used for expenses related to evaluation, training and technical assistance: Provided further, That of the amounts provided--
(1) $187,308,000 for grants to combat violence against women as authorized by part T of the 1968 Act, of which:
(A) $5,200,000 shall be for the National Institute of Justice for research and evaluation of violence against women;
(B) $10,000,000 shall be for the Office of Juvenile Justice and Delinquency Prevention for the Safe Start Program, as authorized by the Juvenile Justice and Delinquency Act of 1974 Act; and
(C) $15,000,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or sexual assault as authorized by Public Law 108-21;
(2) $62,660,000 for grants to encourage arrest policies as authorized by part U of the 1968 Act;
(3) $39,166,000 for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295(a) of the 1994 Act;
(4) $9,054,000 to reduce violent crimes against women on campus, as authorized by section 1108(a) of Public Law 106-386;
(5) $39,220,000 for legal assistance for victims, as authorized by section 1201(c) of Public Law 106-386;
(6) $4,540,000 for enhancing protection for older and disabled women from domestic violence and sexual assault, as authorized by section 40802 of the 1994 Act;
(7) $13,894,000 for the safe havens for children pilot program, as authorized by section 1301(a) of Public Law 106-386;
(8) $7,155,000 for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402(a) of Public Law 106-386;
(9) $2,000,000 for the Rape Abuse and Incest National Network (RAINN);
(10) $1,000,000 for nonprofit, nongovernmental statewide coalitions serving sexual assault victims; and
(11) $6,000,000 to be allocated, in consultation with the Department of Health and Human Services, to nonprofit, nongovernmental statewide domestic violence coalitions serving domestic violence programs.
Office of Justice Programs
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Missing Children's Assistance Act, as amended, including salaries and expenses in connection therewith, the Victims of Child Abuse Act of 1990 (`the 1990 Act'), the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108-21), and with the Victims of Crime Act of 1984, as amended, $221,000,000, to remain available until expended: Provided, That of the amount provided--
(1) $4,958,000 for training programs as authorized by section 40152 of the 1994 Act, and for related local demonstration projects;
(2) $986,000 for grants for televised testimony, as authorized by Part N of the 1968 Act;
(3) $2,962,000 for grants to improve the stalking and domestic violence databases, as authorized by section 40602(a) of the 1994 Act;
(4) $5,287,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act;
(5) $11,846,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) (`the 1994 Act'); the Omnibus Crime Control and Safe Streets Act of 1968 (`the 1968 Act'); and the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386); and other programs; $1,353,350,000 of which in addition to amounts provided by the following table $275,000,000 shall be available for Justice Assistance Grants to be offset by reducing appropriations in this title by a total of $275,000,000 to come from activities as follows: $43,000,000 from travel and transportation of persons; $3,000,000 from transportation of things; $27,000,000 from communications, utilities, and miscellaneous charges; $6,000,000 from printing and reproduction; and $196,000,000 from other services (including amounts for administrative costs which shall be transferred to and merged with the `Justice Assistance' account): Provided, That funding provided under this heading shall remain available until expended: Provided further, That funds provided under this heading shall be distributed in the manner described in the following table:
Program
Amount
Justice Assistance Grants
--$530,000,000
Boys and Girls Clubs
--$85,000,000
National Institute of Justice
--$10,000,000
Indian Assistance Programs
--$15,000,000
State Criminal Alien Assistance Programs
--$170,000,000
SW Border Prosecutors
--$30,000,000
Byrne Grants (discretionary)
--$177,000,000
Drug Courts
--$25,000,000
Marketing Scams Against Senior Citizens
--$1,000,000
Missing Alzheimer's Disease Patient Alert Program
--$850,000
Assistance for Victims of Trafficking
--$2,000,000
Prison Rape Prevention
--$1,500,000
State Prison Drug Treatment
--$15,000,000
National Criminal Intelligence Sharing Plan
--$6,000,000
Capital Litigation
--$1,000,000
Justice For All
--$4,000,000
State and Local Anti-Terrorism Training
--$5,000,000:
Provided further, That, if a unit of local government uses any of the funds made available under this title to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform nonadministrative public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related expenses of the Executive Office for Weed and Seed, to implement `Weed and Seed' program activities, $50,280,000, to remain available until September 30, 2007, for inter-governmental agreements, including grants, cooperative agreements, and contracts, with State and local law enforcement agencies, non-profit organizations, and agencies of local government engaged in the investigation and prosecution of violent crimes and drug offenses in `Weed and Seed' designated communities, and for either reimbursements or transfers to appropriation accounts of the Department of Justice and other Federal agencies which shall be specified by the Attorney General to execute the `Weed and Seed' program strategy: Provided, That funds designated by Congress through language for other Department of Justice appropriation accounts for `Weed and Seed' program activities shall be managed and executed by the Attorney General through the Executive Office for Weed and Seed: Provided further, That the Attorney General may direct the use of other Department of Justice funds and personnel in support of `Weed and Seed' program activities only after the Attorney General notifies the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 505 of this Act: Provided further, That of the funds appropriated for the Executive Office for Weed and Seed, $2,000,000 shall be directed for comprehensive community development training and technical assistance.
COMMUNITY ORIENTED POLICING SERVICES
For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) (including administrative costs), $534,987,000, of which $19,900,000 shall be offset by reducing appropriations in this title for Department of Justice supplies and materials by a total of $19,900,000, to remain available until expended: Provided, That funds that become available as a result of deobligations from prior year balances may not be obligated except in accordance with section 505 of this Act: Provided further, That of the funds under this heading, not to exceed $2,575,000 shall be available for the Office of Justice Programs for reimbursable services associated with programs administered by the Community Oriented Policing Services Office: Provided further, That section 1703(b) and (c) of the Omnibus Crime Control and Safe Streets Act of 1968 (`the 1968 Act') shall not apply to non-hiring grants made pursuant to part Q of title I thereof (42 U.S.C. 3796dd et seq.): Provided further, That funds provided under this heading shall be distributed in the manner described in the following table:
Program
Amount
Hiring
--$2,000,000
Training and Technical Assistance
--$14,000,000
Bullet Proof Vests
--$27,000,000
Tribal Law Enforcement
--$20,000,000
Methamphetamine Hot Spots
--$80,000,000
Police Corps
--$10,000,000
Law Enforce Technologies (projects)
--$137,000,000
Interoperable Communications
--$37,500,000
Criminal Records Upgrade
--$20,000,000
DNA Initiative
--$89,500,000
Coverdell Forensics Science Improvements
--$22,000,000
Crime Identification Technology
--$30,000,000
Offender Reentry
--$3,000,000
Safe Schools Initiative
--$5,000,000
Police Integrity
--$7,500,000
Management and Administration
--$30,487,000.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 (`the Act') and other juvenile justice programs, including salaries and expenses in connection therewith to be transferred to and merged with the appropriations for Justice Assistance, $352,000,000 of which $2,000,000 shall be for grants for methamphetamine prevention education programs in elementary and secondary schools to be offset by a reduction of $2,000,000 in the Drug Enforcement Agency salaries and expenses in this Act, to remain available until expended: Provided, That funds provided under this heading shall be distributed in the manner described in the following table:
Program
Amount
Part A, Concentration of Federal Efforts
--$1,000,000
Part B, Formula Grants
--$82,000,000
Part C, Discretionary Grants
--$5,000,000
Part D, Research, Evaluation, TA and Training
--$8,000,000
Part E, Developing New Initiatives
--$75,000,000
Part G, Juvenile Mentoring Program (JUMP)
--$15,000,000
Title V, At Risk Children Programs
--$20,000,000
Title V, Tribal Youth
--$10,000,000
Title V, Gang Prevention
--$25,000,000
Title V, Prevention of Underage Drinking
--$25,000,000
Secure Our Schools Act
--$15,000,000
Project Childsafe
--$5,000,000
Juvenile Accountability Block Grants
--$49,000,000
Victims of Child Abuse Act
--$15,000,000.
PUBLIC SAFETY OFFICERS BENEFITS
To remain available until expended, for payments authorized by part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums as are necessary, as authorized by section 6093 of Public Law 100-690 (102 Stat. 4339-4340); and $4,884,000, to remain available until expended for payments as authorized by section 1201(b) of said Act; and $4,064,000 for educational assistance, as authorized by section 1212 of the 1968 Act.
General Provisions--Department of Justice
SEC. 101. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $60,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses.
SEC. 102. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.
SEC. 103. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.
SEC. 104. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 103 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.
SEC. 105. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section: Provided further, That none of the funds appropriated to `Buildings and Facilities, Federal Prison System' in this or any other Act may be transferred to `Salaries and Expenses, Federal Prison System', or any other Department of Justice account, unless the President certifies that such a transfer is necessary to the national security interests of the United States, and such authority shall not be delegated, and shall be subject to section 505 of this Act.
SEC. 106. The Attorney General is authorized to make permanent the Personnel Management Demonstration Project transferred to the Attorney General pursuant to section 1115 of the Homeland Security Act of 2002, Public Law 107-296 (6 U.S.C. 533) without limitation on the number of employees or the positions covered.
SEC. 107. Notwithstanding any other provision of law, Public Law 102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco, Firearms and Explosives in the conduct of undercover investigative operations and shall apply without fiscal year limitation with respect to any undercover investigative operation initiated by the Bureau of Alcohol, Tobacco, Firearms and Explosives that is necessary for the detection and prosecution of crimes against the United States.
SEC. 108. Funds appropriated by this Act for the Federal Prisons System shall be in the amounts and accounts specified in the report accompanying this Act: Provided, That within 30 days of enactment of this Act, the Bureau of Prisons will submit a comprehensive financial plan for the Federal Prison System to the Committees on Appropriations: Provided further, That no funds appropriated for the Federal Prison System in this or any other Appropriations Act for the construction of new facilities may be rescinded, cancelled, or used for any other purpose.
SEC. 109. None of the funds made available to the Department of Justice in this Act may be used for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner.
SEC. 110. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, to rent or purchase videocassettes, videocassette recorders, or other audiovisual or electronic equipment used primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting, maintenance, or purchase of audiovisual or electronic equipment for inmate training, religious, or educational programs.
SEC. 111. Within the funds provided under `Justice Information Sharing Technology', the Attorney General shall establish an investment review board, which the Deputy Attorney General shall head: Provided, That within 90 days of enactment of this Act, the Department shall submit a plan that outlines the governance structure and membership of the board: Provided further, That the Department shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, within 90 days of enactment of this Act, the project criteria that will trigger the board's oversight, to include a listing of all projects to be reviewed during fiscal year 2006.
SEC. 112. Section 3151(b) of title 5, United States Code, is amended by--
(1) striking paragraph (2)(A) and (B);
(2) in paragraph (1) by striking `(1)'; and
(3) redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.
SEC. 113. Within the funds provided for the Drug Enforcement Agency, the Attorney General shall establish a Methamphetamine Task Force within the Drug Enforcement Agency which shall be responsible for improving and targeting the Federal Government's policies with respect to the production and trafficking of methamphetamine: Provided, That within 90 days of enactment of this Act, the Drug Enforcement Agency shall submit a plan that outlines the governance structure and membership of the task force: Provided further, That within 120 days the Drug Enforcement Agency shall establish the task force and submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives the membership of the task force and powers established for the task force.
SEC. 114. Section 7(d)(3)(A) of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15606) is amended by striking `2 years' and inserting `3 years'.
SEC. 115. The Attorney General may waive the matching requirement for the purchase of bulletproof vests of the Bulletproof Vest Partnership Grant Act of 1998 for any law enforcement agency that purchased defective Zylon-based body armor with Federal funds pursuant to such Act between October 1, 1998, and September 30, 2005, and seeks to replace that Zylon-based body armor, provided that the law enforcement agency can present documentation to prove the purchase of Zylon-based body armor with funds awarded to it under such Act.
This title may be cited as the `Department of Justice Appropriations Act, 2006'.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
Office of the United States Trade Representative
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by 5 U.S.C. 3109, $40,997,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $124,000 shall be available for official reception and representation expenses: Provided further, That not less than $2,000,000 provided under this heading shall be for expenses authorized by 19 U.S.C. 2451 and 1677b(c): Provided further, That negotiations shall be conducted within the World Trade Organization to recognize the right of members to distribute monies collected from antidumping and countervailing duties: Provided further, That negotiations shall be conducted within the World Trade Organization consistent with the negotiating objectives contained in the Trade Act of 2002, Public Law 107-210.
International Trade Commission
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $62,752,000, to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities of the Department of Commerce provided for by law, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to 44 U.S.C. 3702 and 3703; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the United States and Foreign Commercial Service between two points abroad, without regard to 49 U.S.C. 40118; employment of Americans and aliens by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $327,000 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $45,000 per vehicle; obtaining insurance on official motor vehicles; and rental of tie lines, $404,625,000, to remain available until expended, of which $8,000,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding 31 U.S.C. 3302: Provided, That $48,134,000 shall be for Manufacturing and Services; $39,815,000 shall be for Market Access and Compliance; $64,134,000 shall be for the Import Administration; $231,722,000 shall be for Trade Promotion and the United States and Foreign Commercial Service; and $25,820,000 shall be for Executive Direction and Administration: Provided further, That negotiations shall be conducted within the World Trade Organization to recognize the right of members to distribute monies collected from antidumping and countervailing duties: Provided further, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities without regard to section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities: Provided further, That the International Trade Administration shall be exempt from the requirements of Circular A-25 (or any successor administrative regulation or policy) issued by the Office of Management and Budget: Provided further, That negotiations shall be conducted within the World Trade Organization consistent with the negotiating objectives contained in the Trade Act of 2002, Public Law 107-210.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed $15,000 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law, $77,000,000, to remain available until expended, of which $7,200,000 shall be for inspections and other activities related to national security: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments.
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, and for trade adjustment assistance, $483,985,000, to remain available until expended: Provided, That $200,000,000 shall be for assistance described in section 209(c)(2) of that Act (42 U.S.C. 3149(c)(2)) and is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).
SALARIES AND EXPENSES
For necessary expenses of administering the economic development assistance programs as provided for by law, $40,939,000: Provided, That $10,000,000 shall be for salaries and expenses of carrying out section 209(c)(2) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149(c)(2)) and is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress): Provided further, That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, title II of the Trade Act of 1974, and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $30,727,000.
ECONOMIC AND INFORMATION INFRASTRUCTURE
Economic and Statistical Analysis
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $81,283,000, to remain available until September 30, 2006.
Bureau of the Census
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $183,029,000.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses related to the 2010 decennial census, $390,000,000, to remain available until September 30, 2006.
In addition, for expenses to collect and publish statistics for other periodic censuses and programs provided for by law, $154,356,000, to remain available until September 30, 2006.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $20,255,000, to remain available until September 30, 2007: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, and operations, and related services and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION
For the administration of grants authorized by section 392 of the Communications Act of 1934, $22,000,000, to remain available until expended as authorized by section 391 of the Act: Provided, That not to exceed $2,000,000 shall be available for program administration as authorized by section 391 of the Act: Provided further, That, notwithstanding the provisions of section 391 of the Act, the prior year unobligated balances may be made available for grants for projects for which applications have been submitted and approved during any fiscal year.
INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Communications Act of 1934, $15,000,000, to remain available until expended as authorized by section 391 of the Act: Provided, That not to exceed $3,000,000 shall be available for program administration and other support activities as authorized by section 391: Provided further, That, of the funds appropriated herein, not to exceed 5 percent may be available for telecommunications research activities for projects related directly to the development of a national information infrastructure: Provided further, That, notwithstanding the requirements of sections 392(a) and 392(c) of the Act, these funds may be used for the planning and construction of telecommunications networks for the provision of educational, health care, or public information: Provided further, That, notwithstanding any other provision of law, no entity that receives telecommunications services at preferential rates under section 254(h) of the Act (47 U.S.C. 254(h)) or receives assistance under the regional information sharing systems grant program of the Department of Justice under part M of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use funds under a grant under this heading to cover any costs of the entity that would otherwise be covered by such preferential rates or such assistance, as the case may be.
United States Patent and Trademark Office
SALARIES AND EXPENSES
For necessary expenses of the United States Patent and Trademark Office provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, $1,703,300,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during fiscal year 2006, so as to result in a fiscal year 2006 appropriation from the general fund estimated at $0: Provided further, That during fiscal year 2006, should the total amount of offsetting fee collections be less than $1,703,300,000, this amount shall be reduced accordingly: Provided further, That from amounts provided herein, not to exceed $1,000 shall be made available in fiscal year 2006 for official reception and representation expenses: Provided further, That of amounts made available under this heading, $500,000 is only for the National Intellectual Property Law Enforcement Coordinating Council: Provided further, That in fiscal year 2006 and hereafter, from the amounts made available for `Salaries and Expenses' for the United States Patent and Trademark Office (PTO), the amounts necessary to pay: (1) the difference between the percentage of basic pay contributed by the PTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) of basic pay, of employees subject to subchapter III of chapter 83 of that title; and (2) the present value of the otherwise unfunded accruing costs, as determined by the Office of Personnel Management, of post-retirement life insurance and postretirement health benefits coverage for all PTO employees, shall be transferred to the Civil Service Retirement and Disability Fund, the Employees Life Insurance Fund, and the Employees Health Benefits Fund, as appropriate, and shall be available for the authorized purposes of those accounts.
OTHER
Departmental Management
SALARIES AND EXPENSES
For expenses necessary for the departmental management of the Department of Commerce and the Technology Administration provided for by law, including not to exceed $5,000 for official entertainment, $49,605,000: Provided, That not to exceed 9 full-time equivalents and $1,181,000 shall be expended for the legislative affairs function of the Department.
UNITED STATES TRAVEL AND TOURISM PROMOTION
For necessary expenses of the United States Travel and Tourism Promotion Program, as authorized by section 210 of Public Law 108-7, for programs promoting travel to the United States including grants, contracts, cooperative agreements and related costs, $5,000,000, to remain available until September 30, 2007.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $22,758,000.
General Provisions, Department of Commerce
SEC. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.
SEC. 202. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefore, as authorized by law (5 U.S.C. 5901-5902).
SEC. 203. Any costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title or from actions taken for the care and protection of loan collateral or grant property shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
SEC. 204. Funds made available for salaries and administrative expenses to administer the Emergency Steel Loan Guarantee Program in section 211(b) of Public Law 108-199 shall remain available until expended: Provided, That section 101(k) of the Emergency Steel Loan Guarantee Act of 1999 (Public Law 106-51; 15 U.S.C. 1841 note) is amended by striking `2005' and inserting `2007'.
SEC. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this or any Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act: Provided further, That for the National Oceanic and Atmospheric Administration this section shall provide for transfers among appropriations made only to the National Oceanic and Atmospheric Administration and such appropriations may not be transferred and reprogrammed to other Department of Commerce bureaus and appropriation accounts.
SEC. 206. Notwithstanding any other provision of this Act, no funds appropriated under this Act shall be used to register, issue, transfer, or enforce any trademark of the phrase `Last Best Place'.
SEC. 207. TECHNOLOGY AND OPPORTUNITIES PROGRAM. (a) Of the total amount appropriated in this Act for the Technology and Opportunities Program, that amount shall be increased by $5,000,000, which shall be made available for the grants authorized under title I of the ENHANCE 911 Act of 2004 (Public Law 108-494; 118 Stat. 3986).
(b) Amounts appropriated under this Act for the Departmental Management of the Department of Commerce are reduced by $5,000,000.
This title may be cited as the `Department of Commerce and Related Agencies Appropriations Act, 2006'.
TITLE III--SCIENCE
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards and Technology, $399,869,000, to remain available until expended, of which not to exceed $3,000,000 may be transferred to the `Working Capital Fund': Provided, That from amounts provided herein, not to exceed $5,000 shall be made available in fiscal year 2006 for official reception and representation expenses.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology, $106,000,000, to remain available until expended.
In addition, for necessary expenses of the Advanced Technology Program of the National Institute of Standards and Technology, $140,000,000, to remain available until expended, of which $60,000,000 shall be expended for the award of new grants before September 30, 2006.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by 15 U.S.C. 278c-278e, $198,631,000, to remain available until expended: Provided, That beginning in fiscal year 2007 and for each fiscal year thereafter, the Secretary of Commerce shall include in the budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, 10 United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multiyear program cost of more than $5,000,000 and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the five subsequent fiscal years.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; relocation of facilities, $3,199,983,000, to remain available until September 30, 2007, except for funds provided for cooperative enforcement which shall remain available until September 30, 2008: Provided, That in addition, $3,000,000 shall be derived by transfer from the fund entitled `Coastal Zone Management' and in addition $62,000,000 shall be derived by transfer from the fund entitled `Promote and Develop Fishery Products and Research Pertaining to American Fisheries': Provided further, That fees and donations received for the management of the national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding 31 U.S.C. 3302: Provided further, That grants to States pursuant to sections 306 and 306A of the Coastal Zone Management Act of 1972, as amended, shall not exceed $2,000,000, unless funds provided for `Coastal Zone Management Grants' exceed funds provided in the previous fiscal year: Provided further, That if funds provided for `Coastal Zone Management Grants' exceed funds provided in the previous fiscal year, then no State shall receive more than 5 percent or less than 1 percent of the additional funds: Provided further, That, of the $3,264,983,000 provided for in direct obligations under this heading, $610,462,000 shall be for the National Ocean Service, $763,783,000 shall be for the National Marine Fisheries Service, $470,109,000 shall be for Oceanic and Atmospheric Research, $772,762,000 shall be for the National Weather Service, $180,412,000 shall be for the National Environmental Satellite, Data, and Information Service, and $402,455,000 shall be for Program Support: Provided further, That payments of funds made available under this heading to the Department of Commerce Working Capital Fund including Department of Commerce General Counsel legal services shall not exceed $40,693,000: Provided further, That the personnel management demonstration project established at the National Oceanic and Atmospheric Administration pursuant to 5 U.S.C. 4703 may be expanded by 3,500 full-time positions to include up to 6,925 full time positions and may be extended indefinitely: Provided further, That none of the funds in this Act may be used for the National Oceanic and Atmospheric Administration to implement the Department of Commerce's E-Government initiatives: Provided further, That, notwithstanding any other provision of law, the authorities provided to National Aeronautics and Space Administration pursuant to 42 U.S.C. 2473 shall be available to the National Oceanic and Atmospheric Administration in the furtherance of its oceanic, atmospheric and space mission and programs: Provided further, That the obligated balance of such sums shall remain available through September 30, 2012 for liquidating obligations made in fiscal years 2004 and 2005.
In addition, for necessary retired pay expenses under the Retired Serviceman's Family Protection and Survivor Benefits Plan, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,195,017,000, to remain available until September 30, 2008, except funds provided for construction of facilities which shall remain available until expended: Provided, That funds provided under this heading for the National Polar-orbiting Operational Environmental Satellite System shall only be made available on a dollar for dollar matching basis with funds provided for the same purpose by the Department of Defense: Provided further, That except to the extent expressly prohibited by any other law, the Department of Defense may delegate procurement functions related to the National Polar-orbiting Operational Environmental Satellite System to officials of the Department of Commerce pursuant to section 2311 of title 10, United States Code: Provided further, That beginning in fiscal year 2006 and for each fiscal year thereafter, the Secretary of Commerce shall include in the budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, 10 United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition and construction program having a total multiyear program cost of more than $5,000,000 and an estimate of the budgetary requirements for each such program for each of the five subsequent fiscal years.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of Pacific salmon populations, $90,000,000 to remain available under September 30, 2007.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to section 308 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 shall be transferred to the `Operations, Research and Facilities' account to offset the costs of implementing such Act.
FISHERIES FINANCE PROGRAM ACCOUNT
For the costs of direct loans, $287,000, as authorized by the Merchant Marine Act of 1936: Provided, That such costs, including the cost of modifying such loans, shall be as defined in the Federal Credit Reform Act of 1990: Provided further, That these funds are only available to subsidize gross obligations for the principal amount of direct loans not to exceed $5,000,000 for Individual Fishing Quota loans, and not to exceed $59,000,000 for traditional direct loans, of which $19,000,000 may be used for direct loans to the United States menhaden fishery: Provided further, That none of the funds made available under this heading may be used for direct loans for any new fishing vessel that will increase the harvesting capacity in any United States fishery.
National Aeronautics and Space Administration
SCIENCE, AERONAUTICS, AND EXPLORATION
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics and exploration research and development activities, including research, development, operations, support and services; maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control and communications activities including operations, production, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $9,761,000,000, to remain available until September 30, 2007, of which amounts as determined by the Administrator for salaries and benefits; training, travel and awards; facility and related costs; information technology services; science, engineering, fabricating and testing services; and other administrative services may be transferred to `Exploration Capabilities' in accordance with section 312(b) of the National Aeronautics and Space Act of 1958, as amended by Public Law 106-377: Provided, That within the amounts provided under this heading, $250,000,000 shall be for a Hubble servicing mission, $371,600,000 for the Webb Space Telescope to be launched no later than 2013, $1,120,100,000 shall be for Constellation systems, and $132,930,000 shall be for other related exploration, science, and aeronautics activities.
EXPLORATION CAPABILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, in the conduct and support of exploration capabilities research and development activities, including research, development, operations, support and services; maintenance; construction of facilities including repair, rehabilitation, revitalization and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control and communications activities including operations, production, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $6,603,000,000, to remain available until September 30, 2007, of which amounts as determined by the Administrator for salaries and benefits; training, travel and awards; facility and related costs; information technology services; science, engineering, fabricating and testing services; and other administrative services may be transferred to `Science, Aeronautics, and Exploration' in accordance with section 312(b) of the National Aeronautics and Space Act of 1958, as amended by Public Law 106-377.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $32,400,000, to remain available until September 30, 2007.
ADMINISTRATIVE PROVISIONS
Notwithstanding the limitation on the availability of funds appropriated for `Science, aeronautics, and exploration', or `Exploration capabilities' by this appropriations Act, when any activity has been initiated by the incurrence of obligations for construction of facilities or environmental compliance and restoration activities as authorized by law, such amount available for such activity shall remain available until expended. This provision does not apply to the amounts appropriated for minor institutional revitalization and construction of facilities, and institutional facility planning and design.
Notwithstanding the limitation on the availability of funds appropriated for `Science, Aeronautics, and Exploration', or `Exploration capabilities' by this appropriations Act, the amounts appropriated for construction of facilities shall remain available until September 30, 2008.
Funds for announced prizes otherwise authorized shall remain available, without fiscal year limitation, until the prize is claimed or the offer is withdrawn. Funding shall not be made available for Centennial Challenges unless authorized.
The unexpired balances of prior appropriations to National Aeronautics and Space Administration for activities for which funds are provided under this Act may be transferred to the new account established for the appropriation that provides such activity under this Act. Balances so transferred may be merged with funds in the newly established account and thereafter may be accounted for as one fund under the same terms and conditions.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to establish a National Medal of Science (42 U.S.C. 1880-1881); services as authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $4,345,213,000, of which at least $386,930,000 shall remain available until expended for Polar research and operations support, of which up to $58,000,000 shall be used for the procurement of polar ice breaking services from the U.S. Coast Guard, and that in the event that the U.S. Coast Guard is unable to provide said ice breaking services, then the National Science Foundation shall procure such services from alternative sources, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program; the balance to remain available until September 30, 2006: Provided, That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation: Provided further, That to the extent that the amount appropriated is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950, as amended, including authorized travel, $193,350,000, to remain available until expended.
EDUCATION AND HUMAN RESOURCES
For necessary expenses in carrying out science and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including services as authorized by 5 U.S.C. 3109, authorized travel, and rental of conference rooms in the District of Columbia, $747,000,000, to remain available until September 30, 2006: Provided, That to the extent that the amount of this appropriation is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally.
SALARIES AND EXPENSES
For salaries and expenses necessary in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administration for security guard services; $229,896,000: Provided, That contracts may be entered into under `Salaries and expenses' in fiscal year 2006 for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year.
OFFICE OF THE NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), $4,000,000: Provided, That not more than $9,000 shall be available for official reception and representation expenses.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, as amended, $11,500,000, to remain available until September 30, 2006.
Executive Office of the President
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $5,564,000.
General Provisions--Science
(INCLUDING TRANSFER OF FUNDS)
SEC. 301. Notwithstanding any other provision of law, of the amounts made available elsewhere in this title to the `National Institute of Standards and Technology, Construction of Research Facilities', $8,000,000 is for a cooperative agreement with the Medical University of South Carolina; $20,000,000 is for the National Formulation Science Laboratory at the University of Southern Mississippi; $20,000,000 is for the University of Mississippi Research Park; $5,000,000 is for the Alabama State University Science and Education Building; $8,000,000 is for Tuscaloosa, Alabama, revitalization; $20,000,000 is for the Biomedical Research Center at the University of Alabama at Birmingham; and $30,000,000 is for the University of Alabama for the design and construction of the Science and Engineering Center.
SEC. 302. Of the amount available from the fund entitled `Promote and Develop Fishery Products and Research Pertaining to American Fisheries', $10,000,000 shall be provided to the Alaska Fisheries Marketing Board, $5,000,000 shall be available to the Southern Shrimp Alliance for its `Wild American Shrimp Marketing Program'.
SEC. 303. Of the amounts made available under the heading `Procurement, Acquisition and Construction, National Oceanic and Atmospheric Administration', $12,000,000 shall be transferred to the National Aeronautics and Space Administration for the planning, design, and construction of Building 3203, and for the planning and design of Buildings 3205 and 3216.
SEC. 304. Notwithstanding any other provision of this Act, of the amounts made available in this title under the heading `National Oceanic and Atmospheric Administration' and under the subheading `OPERATIONS, RESEARCH, AND FACILITIES', not less than $5,800,000 shall be made available for the National Hurricane Center and that such amount may be used to employ individuals in 43 full-time equivalent positions at the National Hurricane Center.
SEC. 305. Of the amounts made available under the heading `NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION' and the subheading `OPERATIONS, RESEARCH, AND FACILITIES', sufficient funds may be provided to implement the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 (title I of Public Law 108-456; 16 U.S.C. 1451 note).
SEC. 306. It is the sense of Congress that the U.S. Coral Reef Task Force should join with its Federal and State partners to provide an appropriate level of financial and technical support to make the 11th International Coral Reef Symposium a successful event.
SEC. 307. Of the amounts appropriated or otherwise made available by this title under the heading `NATIONAL AERONAUTICS AND SPACE ADMINISTRATION', $859,300,000 shall be available for aeronautics research and development programs of the National Aeronautics and Space Administration. Of the amount available under this section in excess of $852,300,000, not more than 50 percent of such excess amount may be derived from any particular account of the National Aeronautics and Space Administration.
This title may be cited as the `Science Appropriations Act, 2006'.
TITLE IV--RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $9,000,000: Provided, That not to exceed $50,000 may be used to employ consultants: Provided further, That none of the funds appropriated in this paragraph shall be used to employ in excess of four full-time individuals under Schedule C of the Excepted Service exclusive of one special assistant for each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964 (29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to private citizens; and not to exceed $33,000,000 for payments to State and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act of 1964, sections 6 and 14 of the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, $331,228,000: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,500 from available funds: Provided further, That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations have been notified of such proposals, in accordance with the reprogramming provisions of section 505 of this Act.
Federal Communications Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901-5902; not to exceed $9,900,000 for land and structure; not to exceed $500,000 for improvement and care of grounds and repair to buildings; not to exceed $4,000 for official reception and representation expenses; purchase and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109, $297,370,000: Provided, That $296,370,000 of offsetting collections shall be assessed and collected pursuant to section 9 of title I of the Communications Act of 1934, shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2006 so as to result in a final fiscal year 2006 appropriation estimated at $1,000,000: Provided further, That any offsetting collections received in excess of $296,370,000 in fiscal year 2006 shall remain available until expended, but shall not be available for obligation until October 1, 2006: Provided further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding system that may be retained and made available for obligation shall not exceed $85,000,000 for fiscal year 2006.
Federal Trade Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses, $211,000,000, to remain available until expended: Provided, That not to exceed $300,000 shall be available for use to contract with a person or persons for collection services in accordance with the terms of 31 U.S.C. 3718: Provided further, That, notwithstanding any other provision of law, not to exceed $116,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall be retained and used for necessary expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, $23,000,000 in offsetting collections derived from fees sufficient to implement and enforce the Telemarketing Sales Rule, promulgated under the Telephone Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this account, and be retained and used for necessary expenses in this appropriation: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2006, so as to result in a final fiscal year 2006 appropriation from the general fund estimated at not more than $72,000,000: Provided further, That none of the funds made available to the Federal Trade Commission may be used to enforce subsection (e) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t) or section 151(b)(2) of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 1831t note): Provided further, That hereafter no funds appropriated in this or any other Act shall be expended to remove the Federal Trade Commission from its headquarters building, the Federal Trade Commission Building, located at 600 Pennsylvania Avenue, Northwest, Washington, DC; to render such building appropriate for occupation by another Federal agency or other organization or division thereof; or to locate any such agency, organization, or division in said building.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $358,527,000, of which $346,251,000 is for basic field programs and required independent audits (of which $8,000,000 is for basic field programs providing legal assistance to victims of Hurricane Katrina).
Notwithstanding any other provisions in the Act, the sums appropriated for the Department of Justice are reduced by $37,000,000. This reduction is to be taken by the Attorney General from accounts receiving an increase in travel and transportation of persons as specified in the President's Fiscal Year 2006 Budget Submittal to Congress pursuant to 31 U.S.C. section 1105 and which are in excess of the fiscal year 2005 level; $2,600,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $13,900,000 is for management and administration; $3,400,000 is for client self-help and information technology; and $2,849,000 is for grants to offset losses due to census adjustments.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105-119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2005 and 2006, respectively, and except that section 501(a)(1) of Public Law 104-134 (110 Stat. 1321-51, et seq.) shall not apply to the use of the $1,775,000 to address loss of funding due to Census-based reallocations.
Marine Mammal Commission
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission as authorized by title II of Public Law 92-522, $2,000,000.
National Veterans Business Development Corporation
For necessary expenses of the National Veterans Business Development Corporation as authorized under section 33(a) of the Small Business Act, $2,000,000, to remain available until expended.
Securities and Exchange Commission
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,000 for official reception and representation expenses, $888,117,000; of which not to exceed $13,000 may be used toward funding a permanent secretariat for the International Organization of Securities Commissions; and of which not to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views concerning developments relating to securities matters, development and implementation of cooperation agreements concerning securities matters and provision of technical assistance for the development of foreign securities markets, such expenses to include necessary logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance at such consultations and meetings including: (1) such incidental expenses as meals taken in the course of such attendance; (2) any travel and transportation to or from such meetings; and (3) any other related lodging or subsistence: Provided, That fees and charges authorized by sections 6(b) of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this account as offsetting collections: Provided further, That not to exceed $863,117,000 of such offsetting collections shall be available until expended for necessary expenses of this account: Provided further, That $25,000,000 shall be derived from prior year unobligated balances from funds previously appropriated to the Securities and Exchange Commission: Provided further, That the total amount appropriated under this heading from the general fund for fiscal year 2006 shall be reduced as such offsetting fees are received so as to result in a final total fiscal year 2006 appropriation from the general fund estimated at not more than $0.
Small Business Administration
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small Business Administration as authorized by Public Law 106-554, including hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception and representation expenses, $336,084,000: Provided, That the Administrator is authorized to charge fees to cover the cost of publications developed by the Small Business Administration, and certain loan servicing activities: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall be credited to this account, to be available for carrying out these purposes without further appropriations: Provided further, That $89,000,000 shall be available to fund grants for performance in fiscal year 2006 or fiscal year 2007 as authorized: Provided further, That the Small Business Administration is authorized to award grants under the Women's Business Center Sustainability Pilot Program established by section 4(a) of Public Law 106-165 (15 U.S.C. 656(l)): Provided further, That, of the amounts provided for Women's Business Centers, not less than 48 percent shall be available to continue Women's Business Centers in sustainability status.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $14,500,000.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the Surety Bond Guarantees Revolving Fund, authorized by the Small Business Investment Act, as amended, $3,000,000, to remain available until expended.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, $2,000,000, as authorized by 15 U.S.C. 631 note, to remain available until September 30, 2006: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2006 commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958, shall not exceed the levels established under 20(e)(1)(B)(ii) of the Small Business Act: Provided further, That during fiscal year 2006 commitments for general business loans authorized under section 7(a) of the Small Business Act, shall not exceed the levels established under 20(e)(1)(B)(i) of the Small Business Act: Provided further, That during fiscal year 2006 commitments to guarantee loans for debentures and participating securities under section 303(b) of the Small Business Investment Act of 1958, shall not exceed the levels established by section 20(i)(1)(C) of the Small Business Act.
In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $126,653,000, which may be transferred to and merged with the appropriations for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b) of the Small Business Act, $83,335,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct loan program, $56,000,000, which may be transferred to and merged with appropriations for Salaries and Expenses, of which $1,500,000 is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan program and shall be transferred to and merged with appropriations for the Office of Inspector General; of which $46,100,000 is for direct administrative expenses of loan making and servicing to carry out the direct loan program; and of which $9,000,000 is for indirect administrative expenses and may be transferred to and merged with funds in the Salaries and Expenses appropriations account: Provided, That any amount to be transferred to and merged with appropriations for Salaries and Expenses for any purpose shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
ADMINISTRATIVE PROVISION--SMALL BUSINESS ADMINISTRATION
Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
State Justice Institute
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1992 (Public Law 102-572), $5,000,000: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses.
TITLE V--GENERAL PROVISIONS
SEC. 501. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, the Federal Communications Commission, the Securities and Exchange Commission, and the Small Business Administration shall provide to the Committees on Appropriations of the Senate and of the House of Representatives a quarterly accounting of the cumulative balances of any unobligated funds that were made available to any such agency in any previous appropriations Act.
SEC. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
SEC. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
SEC. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
SEC. 505. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2006, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Appropriations Committees of both Houses of Congress are notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2006, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects (including construction projects), or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Appropriations Committees of both Houses of Congress are notified 15 days in advance of such reprogramming of funds: Provided, That transfers may not be made from `Buildings and Facilities, Federal Prison System' to any other Department of Justice account.
SEC. 506. Hereafter, none of the funds made available in this Act or any other Act may be used for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards located outside of the United States.
SEC. 507. If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a `Made in America' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 508. None of the funds appropriated or otherwise made available by this Act or any other Act may be used to implement, enforce, or otherwise abide by the Memorandum of Agreement signed by the Federal Trade Commission and the Antitrust Division of the Department of Justice on March 5, 2002.
SEC. 509. Section 704 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3234) shall not apply to any funds made available by this Act or an amendment made by this Act.
SEC. 510. Any costs incurred by a department or agency funded under this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
SEC. 511. Of the funds appropriated in this Act under the heading `Office of Justice Programs--State and Local Law Enforcement Assistance', not more than 90 percent of the amount to be awarded to an entity under the Local Law Enforcement Block Grant shall be made available to such an entity when it is made known to the Federal official having authority to obligate or expend such funds that the entity that employs a public safety officer (as such term is defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968) does not provide such a public safety officer who retires or is separated from service due to injury suffered as the direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or a hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as they received while on duty.
SEC. 512. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.
SEC. 513. Notwithstanding any other provision of law, amounts deposited or available in the Fund established under 42 U.S.C. 10601 in any fiscal year in excess of $625,000,000 shall not be available for obligation until the following fiscal year.
SEC. 514. Of the amounts made available under the heading `Small Business Administration, Salaries and Expenses', $50,000,000 shall be available for programs described in the statement accompanying this Act.
SEC. 515. None of the funds appropriated pursuant to this Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code; and
(2) any system to implement subsection 922(t) of title 18, United States Code, that does not require and result in the destruction of any identifying information submitted by or on behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24 hours after the system advises a Federal firearms licensee that possession or receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law.
SEC. 516. All disaster loans issued in Alaska or North Dakota shall be administered by the Small Business Administration and shall not be sold during fiscal year 2006.
SEC. 517. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 518. The Secretary of Commerce shall represent the United States Government in negotiating and monitoring international agreements regarding fisheries, marine mammals, or sea turtles: Provided, That the Secretary of Commerce shall be responsible for the development and interdepartmental coordination of the policies of the United States with respect to the international negotiations and agreements referred to in this section.
SEC. 519. Any funds provided in this Act used to implement E-Government Initiatives shall be subject to the procedures set forth in section 505 of this Act.
SEC. 520. UNIVERSAL SERVICE SUPPORT. None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.
SEC. 521. (a) Tracing studies conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released without adequate disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall include in all such data releases, language similar to the following that would make clear that trace data cannot be used to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement authorities in conducting investigations by tracking the sale and possession of specific firearms. Law enforcement agencies may request firearms traces for any reason, and those reasons are not necessarily reported to the Federal Government. Not all firearms used in crime are traced and not all firearms traced are used in crime.
(2) Firearms selected for tracing are not chosen for purposes of determining which types, makes or models of firearms are used for illicit purposes. The firearms selected do not constitute a random sample and should not be considered representative of the larger universe of all firearms used by criminals, or any subset of that universe. Firearms are normally traced to the first retail seller, and sources reported for firearms traced do not necessarily represent the sources or methods by which firearms in general are acquired for use in crime.
SEC. 522. (a) For the period beginning on October 1, 2005, and ending on April 1, 2006, none of the funds made available by this or any other Act may be used to pay the salaries or expenses of any employee of any agency or office to implement any change to part 302, 303, 306, or 318 of title 13, Code of Federal Regulations (as in effect on December 14, 1999), pursuant to the interim final rule published August 11, 2005 (70 Fed. Reg. 47002; relating to the implementation of, and regulatory revision under, the Economic Development Reauthorization Act (Public Law 108-373; 118 Stat. 1756)).
(b) Notwithstanding the interim final rule described in subsection (a), the public comment period with respect to parts 302, 303, 306, and 318 of title 13, Code of Federal Regulations, shall be not less than 30 days.
SEC. 523. SENSE OF THE SENATE- (a) Findings- The Senate finds the following:
(1) In a time of national catastrophe, it is the responsibility of Congress and the Executive Branch to take quick and decisive action to help those in need.
(2) The size, scope, and complexity of Hurricane Katrina are unprecedented, and the emergency response and long-term recovery efforts will be extensive and require significant resources.
(3) It is the responsibility of Congress and the Executive Branch to ensure the financial stability of the nation by being good stewards of Americans' hard-earned tax dollars.
(b) Sense of the Senate- It is the sense of the Senate that any funding directive contained in this Act, or its accompanying report, that is not specifically authorized in any Federal law as of the date of enactment of this section, or Act or resolution passed by the Senate during the 1st Session of the 109th Congress prior to such date, or proposed in pursuance to an estimate submitted in accordance with law, that is for the benefit of an identifiable program, project, activity, entity, or jurisdiction and is not directly related to the impact of Hurricane Katrina, may be redirected to recovery efforts if the appropriate head of an agency or department determines, after consultation with appropriate Congressional Committees, that the funding directive is not of national significance or is not in the public interest.
SEC. 524. (a) It is the sense of Congress that all authorities with jurisdiction, including the Federal Bureau of Investigation and other entities within the Department of Justice, should--
(1) expeditiously investigate unsolved civil rights murders, due to the amount of time that has passed since the murders and the age of potential witnesses; and
(2) provide all the resources necessary to ensure timely and thorough investigations in the cases involved.
(b) In this section:
(1) The term `Chief' means the Chief of the Section.
(2) The term `criminal civil rights statutes' means--
(A) section 241 of title 18, United States Code (relating to conspiracy against rights);
(B) section 242 of title 18, United States Code (relating to deprivation of rights under color of law);
(C) section 245 of title 18, United States Code (relating to federally protected activities);
(D) sections 1581 and 1584 of title 18, United States Code (relating to involuntary servitude and peonage);
(E) section 901 of the Fair Housing Act (42 U.S.C. 3631); and
(F) any other Federal law that--
(i) was in effect on or before December 31, 1969; and
(ii) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, prior to the date of enactment of this Act.
(3) The term `Section' (except when used as part of the term `Criminal Section') means the Unsolved Crimes Section established under subsection (c).
(c)(1) There is established in the Civil Rights Division of the Department of Justice an Unsolved Crimes Section. The Section shall be headed by a Chief of the Section.
(2)(A) Notwithstanding any other provision of Federal law, the Chief shall be responsible for investigating and prosecuting violations of criminal civil rights statutes, in each case in which a complaint alleges that such a violation--
(i) occurred not later than December 31, 1969; and
(ii) resulted in a death.
(B) After investigating a complaint under subparagraph (A), if the Chief determines that an alleged practice that is a violation of a criminal civil rights statute occurred in a State, or political subdivision of a State, that has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local official to grant or seek relief from such practice or to institute criminal proceedings with respect to the practice on receiving notice of the practice, the Chief shall consult with the State or local official regarding the appropriate venue for the case involved.
(C) After investigating a complaint under subparagraph (A), the Chief shall refer the complaint to the Criminal Section of the Civil Rights Division, if the Chief determines that the subject of the complaint has violated a criminal civil rights statute in the case involved but the violation does not meet the requirements of clause (i) or (ii) of subparagraph (A).
(3)(A) The Chief shall annually conduct a study of the cases under the jurisdiction of the Chief and, in conducting the study, shall determine the cases--
(i) for which the Chief has sufficient evidence to prosecute violations of criminal civil rights statutes; and
(ii) for which the Chief has insufficient evidence to prosecute those violations.
(B) Not later than September 30 of 2006 and of each subsequent year, the Chief shall prepare and submit to Congress a report containing the results of the study conducted under subparagraph (A), including a description of the cases described in subparagraph (A)(ii).
(4)(A) There is authorized to be appropriated to carry out this subsection $5,000,000 for fiscal year 2006 and each subsequent fiscal year.
(B) Any funds appropriated under this paragraph shall consist of additional appropriations for the activities described in this subsection, rather than funds made available through reductions in the appropriations authorized for other enforcement activities of the Department of Justice.
Sec. 525. Of the funds appropriated to the Federal Trade Commission by this Act, not less than $1,000,000 shall be used by the Commission to conduct an immediate investigation into nationwide gasoline prices in the aftermath of Hurricane Katrina; Provided, That the investigation shall include (1) any evidence of price-gouging by companies with total United States wholesale sales of gasoline and petroleum distillates for calendar 2004 in excess of $500,000,000 and by any retail distributor of gasoline and petroleum distillates against which multiple formal complaints (that identify the location of a particular retail distributor and provide contact information for the complainant) of price-gouging were filed in August or September, 2005, with a Federal or State consumer protection agency, (2) a comparison of, and an explanation of the reasons for changes in, profit levels of such companies during the 12-month period ending on August 31, 2005, and their profit levels for the month of September, 2005, including information for particular companies on a basis that does not permit the identification of any company to which the information relates, (3) a summary of tax expenditures (as defined in section 3(3) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(3)) for such companies, (4) the effects of increased gasoline prices and gasoline price-gouging on economic activity in the United States, and (5) the overall cost of increased gasoline prices and gasoline price-gouging to the economy, including the impact on consumers' purchasing power in both declared State and National disaster areas and elsewhere; Provided further, That, in conducting its investigation, the Commission shall treat as evidence of price-gouging any finding that the average price of gasoline available for sale to the public in September, 2005, or thereafter in a market area located in an area designated as a State or National disaster area because of Hurricane Katrina, or in any other area where price-gouging complaints have been filed because of Hurricane Katrina with a Federal or State consumer protection agency, exceeded the average price of such gasoline in that area for the month of August, 2005, unless the Commission finds substantial evidence that the increase is substantially attributable to additional costs in connection with the production, transportation, delivery, and sale of gasoline in that area or to national or international market trends; Provided further, That in any areas of markets in which the Commission determines price increases are due to factors other than the additional costs, it shall also notify the appropriate State agency of its findings; Provided further, That the Commission shall provide information on the progress of the investigation to the Senate and House Appropriations Committees, the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Energy and Commerce every 30 days after the date of enactment of this Act, shall provide those Committees a written interim report 90 days after such date, and shall transmit a final report to those Committees, together with its findings and recommendations, no later than 180 days after the date of enactment of this Act; Provided further, That the Commission shall transmit recommendations, based on its findings, to the Congress for any legislation necessary to protect consumers from gasoline price-gouging in both State and National disaster areas and elsewhere; Provided further, That chapter 35 of title 44, United States Code, does not apply to the collection of information for the investigation required by this section; Provided further, That if, during the investigation, the Commission obtains evidence that a person may have violated a criminal law, the Commission may transmit that evidence to appropriate Federal or State authorities; and Provided further, That nothing in this section affects any other authority of the Commission to disclose information.
HURRICANE KATRINA ASSISTANCE VOUCHERS
SEC. 526. HURRICANE KATRINA EMERGENCY ASSISTANCE VOUCHERS- (a) Short Title- This section may be cited as the `Helping to House the Victims of Hurricane Katrina Act of 2005'.
(b) Hurricane Katrina Emergency Assistance Vouchers- Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following:
`(20) HURRICANE KATRINA EMERGENCY ASSISTANCE VOUCHERS-
`(A) IN GENERAL- During the 6-month period beginning on the date of enactment of the Helping to House the Victims of Hurricane Katrina Act of 2005, the Secretary shall provide temporary rental assistance to any individual or family, if--
`(i) the individual or family resides, or resided on August 29, 2005, in any area that is subject to a declaration by the President of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in connection with Hurricane Katrina; and
`(ii) the residence of the individual or family became uninhabitable or inaccessible as result of that major disaster or emergency.
`(B) REGULATIONS- Not later than 30 days after the date of enactment of the Helping to House the Victims of Hurricane Katrina Act of 2005, the Secretary shall issue final rules to establish the procedures applicable to the issuance of assistance under subparagraph (A).
`(C) NOTICE- The Secretary, in consultation with the Director of the Federal Emergency Management Agency and such other agencies as the Secretary determines appropriate, shall establish procedures for providing notice of the availability of assistance under this paragraph to individuals or families that may be eligible for such assistance.
`(D) AUTHORITY TO CONTRACT WITH PHA'S AND OTHERS- The Secretary may contract with any State or local government agency or public housing agency, or in consultation with any State or local government agency, with any other entity, to ensure that assistance payments under this paragraph are provided in an efficient and expeditious manner.
`(E) WAIVER OF ELIGIBILITY REQUIREMENTS- In providing assistance under this paragraph, the Secretary shall waive the requirements under--
`(i) paragraph (2), relating to tenant contributions towards rent, except that any such waiver shall expire on an individual's return to work;
`(ii) paragraph (4), relating to the eligibility of individuals to receive assistance;
`(iii) subsection (k) and paragraph (5) of this subsection, relating to verification of income;
`(iv) paragraph (7)(A), relating to the requirement that leases shall be for a term of 1 year;
`(v) paragraph (8), relating to initial inspection of housing units by a public housing agency; and
`(vi) subsection (r)(1)(B), relating to restrictions on portability.
`(F) USE OF FUNDS- Notwithstanding any other provision of law, funds available for assistance under this paragraph--
`(i) shall be made available by the Secretary to individuals to cover the cost of--
`(I) rent;
`(II) security and utility deposits;
`(III) relocation expenses, including expenses incurred in relocating back to the major disaster area when such relocation is permitted; and
`(IV) such additional expenses as the Secretary determines necessary; and
`(ii) shall be used by the Secretary--
`(I) for payments to public housing agencies, State or local government agencies, or other voucher administrators for vouchers used to assist individuals or families affected by the major disaster or emergency described in this paragraph up to their authorized level of vouchers, if any such vouchers are not otherwise funded; and
`(II) to provide operating subsidies to public housing agencies for public housing units provided to individuals or families affected by the major disaster or emergency described in this paragraph, if such a subsidy was not previously provided for those units.
`(G) PAYMENT STANDARD- For purposes of this paragraph, the payment standard for each size of dwelling unit in a market area may not exceed 150 percent, or higher if the Secretary approves of such increase, of the fair market rental established under subsection (c) for the same size dwelling unit in the same market area, and shall be not less than 90 percent of that fair market rental.
`(H) NONDISCRIMINATION- In selecting individuals or families for tenancy, a landlord or owner may not exclude or penalize an individual or family solely because any portion of the rental payment of that individual or family is provided under this paragraph.
`(I) TERMINATION OF ASSISTANCE- Assistance provided under this paragraph shall--
`(i) terminate 6 months after the date on which such assistance was received; and
`(ii) extend for an additional 6 months unless at that time the Secretary makes a determination that assistance under this paragraph is no longer needed.
`(21) ASSISTANCE FOR CURRENT VOUCHER RECIPIENTS AFFECTED BY HURRICANE KATRINA-
`(A) IN GENERAL- The Secretary shall waive any of the requirements described in clauses (i) through (vi) of paragraph (20)(E) for any individual or family receiving assistance under this section on August 29, 2005, if--
`(i) the individual or family resides, or resided on August 29, 2005, in any area that is subject to a declaration by the President of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in connection with Hurricane Katrina; and
`(ii) the residence of the individual or family became uninhabitable or inaccessible as result of that major disaster or emergency.
`(B) ADDITIONAL USES OF FUNDS- Notwithstanding any other provision of law, the Secretary shall provide, as the Secretary determines appropriate, supplemental assistance to an individual or family receiving assistance under this section on August 29, 2005, and meeting the requirements described in subparagraph (A), to assist the individual or family with the additional costs of relocating to new housing, including to cover--
`(i) the additional cost of rent and utilities;
`(ii) security and utility deposits;
`(iii) relocation expenses, including expenses incurred in relocating back to the major disaster area when such relocation is permitted; and
`(iv) such additional expenses as the Secretary determines necessary.
`(C) PAYMENT STANDARD- For purposes of this paragraph, the payment standard for each size of dwelling unit in a market area may not exceed 150 percent, or higher if the Secretary approves of such increase, of the fair market rental established under subsection (c) for the same size dwelling unit in the same market area, and shall be not less than 90 percent of that fair market rental.
`(D) NONDISCRIMINATION- A landlord or owner may not exclude or penalize an individual or family solely because that individual or family is eligible for any waivers or benefits provided under this paragraph.
`(E) TERMINATION OF AUTHORITY- The authority of the Secretary to provide assistance under this paragraph shall--
`(i) apply during the 6-month period beginning on the date of enactment of the Helping to House the Victims of Hurricane Katrina Act of 2005; and
`(ii) extend for an additional 6 months after that period, unless if at that time the Secretary makes a determination that assistance under this paragraph is no longer needed.
`(22) AUTHORITY OF THE SECRETARY TO DIRECTLY ADMINISTER VOUCHERS WHEN PHA'S ARE UNABLE TO DO SO- If the Secretary determines that a public housing agency is unable to implement the provisions of this subsection due to the effects of Hurricane Katrina, the Secretary may--
`(A) directly administer any voucher program described in paragraphs (1) through (20); and
`(B) perform the functions assigned to a public housing agency by this subsection.'.
(c) Report on Inventory of Availability of Temporary Housing- Not later than 10 days after the date of enactment of this Act, the Secretary of Defense, the Administrator of the General Services Administration, the Secretary of Agriculture, and such other agency heads as the Secretary determines appropriate, shall compile and report to the Secretary an inventory of Federal civilian and defense facilities that can be used--
(1) to provide emergency housing; or
(2) as locations for the construction or deployment of temporary housing units.
(d) Appropriation of Funding-
(1) IN GENERAL- There are authorized to be appropriated and are appropriated $3,500,000,000 to provide assistance under this Act.
(2) EMERGENCY DESIGNATION- The amount appropriated under paragraph (1) is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).
TRADE REMEDY LAWS
SEC. 527. None of the funds appropriated or otherwise made available by this Act may be used in a manner that is inconsistent with the principle negotiating objective of the United States with respect to trade remedy laws to preserve the ability of the United States--
`(1) to enforce vigorously its trade laws, including the antidumping, countervailing duty, and safeguard laws;
`(2) to avoid agreements that--
`(A) lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies; or
`(B) lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; and
`(3) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market-access barriers.'.
WAIVER OF LICENSING AND CERTIFICATION REQUIREMENTS
SEC. 528. WAIVER OF LICENSING AND CERTIFICATION REQUIREMENTS APPLICABLE TO CERTAIN HEALTH PROFESSIONALS- (a) In General- Notwithstanding any other provision of law, an eligible health professional may provide health-related services under the medicare, medicaid, or SCHIP program under title XVIII, XIX, or XXI of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq., and 1397 et seq.) and under Indian Health Service programs, regardless of the licensing or certification laws of the State in which such services are being provided, during the 90-day period that begins on the date on which eligibility is determined by the State licensing board of the State in which such professional will provide health-related services under this subsection.
(b) Eligible Health Professional- To be eligible to provide health-related services in a State during the period referred to in subsection (a) without State licensure or certification, a health professional shall--
(1) be a physician, nurse, dentist, pharmacist, mental health professional, or allied health profession, or any other professional determined appropriate by the Secretary of Health and Human Services;
(2) have a valid license from, or be certified in, at least one of the States affected by Hurricane Katrina, as described in subsection (d), and not be affirmatively barred from practicing in that State;
(3) have been evacuated from Louisiana or Mississippi as a result of Hurricane Katrina; and
(4) have applied, prior to March 31, 2006, for a license or certification in the State in which such professional will provide the health-related services under subsection (a) without State licensure or certification.
(c) Evidence of Licensure-
(1) IN GENERAL- A State may develop a process to verify the licensing credentials of a health professional to which this section applies if the professional has no official evidence of licensure in his or her possession.
(2) FRAUD- An individual who wilfully provides any false or misleading information to a Federal, State, or local official for purposes of being covered under the provisions of this section shall, in addition to any State penalties that may apply, be subject to a fine, as determined appropriate by the Attorney General in accordance with title 18, United States Code.
(d) States Described- The States described in this subsection are Louisiana and Mississippi.
(e) Limitation- A health professional may only elect to utilize the provisions of this section for a single 90-day period.
(f) Rule of Construction- Nothing in this section shall be construed as altering or affecting any procedures adopted by State health professional licensing or certification boards relating to waivers of licensing and certification requirements for health professionals affected by Hurricane Katrina.
(g) Definition- In this section, the term `health-related services', as such term is applied to health professional under this section, means services provided by a health professional that are consistent with the scope of practice of the professional in the State in which such professional is seeking licensure or certification.
DISASTER RELIEF
SEC. 529. SMALL BUSINESS, HOMEOWNERS, AND RENTERS DISASTER RELIEF- (a) Disaster Loans- Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (3) the following:
`(4) DISASTER LOANS AFTER HURRICANE KATRINA-
`(A) ADDITIONAL LOAN AUTHORITY-
`(i) LOANS TO SMALL BUSINESSES- In addition to any other loan authorized by this subsection, the Administrator may 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 or small agricultural cooperative that demonstrates a direct adverse economic impact caused by Hurricane Katrina, based on such criteria as the Administrator may set by rule, regulation, or order.
`(ii) LOANS TO NONPROFITS- In addition to any other loan authorized by this subsection, the Administrator may 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 non-profit organization for purposes of repairing damage caused by Hurricane Katrina or performing other hurricane relief services in a damaged area.
`(B) INCREASED LOAN CAPS-
`(i) AGGREGATE LOAN AMOUNTS- Except as provided in clause (ii), the aggregate loan amount outstanding and committed to a qualified borrower in a damaged area under this paragraph may not exceed $10,000,000.
`(ii) WAIVER AUTHORITY- The Administrator may, at the discretion of the Administrator, waive the aggregate loan amount established under clause (i).
`(C) DEFERMENT OF DISASTER LOAN PAYMENTS-
`(i) IN GENERAL- Notwithstanding any other provision of law, payments of principal and interest on a loan to a qualified borrower located in a damaged area made under this subsection before, on, or after the date of enactment of this paragraph shall be deferred, and no interest shall accrue with respect to such loan, during the time period described in clause (ii).
`(ii) TIME PERIOD- The time period for purposes of clause (i) shall be 1 year from the later of the date of enactment of this paragraph or the date of issuance of a loan described in clause (i), but may be extended to 2 years from such date, at the discretion of the Administrator.
`(iii) RESUMPTION OF PAYMENTS- At the end of the time period described in clause (ii), the payment of periodic installments of principal and interest shall be required with respect to such loan, in the same manner and subject to the same terms and conditions as would otherwise be applicable to any other loan made under this subsection.
`(D) DEFINITIONS- In this paragraph, the following definitions shall apply:
`(i) DAMAGED AREA- The term `damaged area' means an area which the President has designated as a disaster area as a result of Hurricane Katrina of August 2005.
`(ii) QUALIFIED BORROWER- The term `qualified borrower' means a small business concern or non-profit organization--
`(I) located in a damaged area; or
`(II) located in a State contiguous to a damaged area that is using, or intends to use, a loan made under this subsection for purposes of rebuilding or conducting operations in a damaged area.'.
(b) Development Company Debentures- Section 503 of the Small Business Investment Act of 1958 (15 U.S.C. 697) is amended by adding at the end the following:
`(j) Debentures After Hurricane Katrina-
`(1) AUTHORITY-
`(A) IN GENERAL- In addition to any other guarantee authorized by this section, the Administrator may guarantee the timely payment of all principal and interest as scheduled on any debenture issued for purposes of rebuilding or resuming operations in a damaged area, as the Administrator determines appropriate.
`(B) TERMS- The Administrator shall establish a fee for a guarantee issued under subparagraph (A) that is lower than that for other guarantees under this section.
`(2) EXISTING GUARANTEES-
`(A) IN GENERAL- Notwithstanding any other provision of law, the Administrator may temporarily defer payments of principal and interest on a guarantee made under this section before the date of enactment of this subsection to a small business concern in a damaged area, in any case in which the payments are owed to the Administration.
`(B) PAYMENTS TO OTHER PARTIES- Notwithstanding any other provision of law, the Administrator may temporarily make payments of principal and interest on a loan made under this section before the date of enactment of this subsection to a small business concern in a damaged area, in any case in which the payments are owed to a person other than the Administration.
`(C) TERMINATION OF AUTHORITY- The authority to defer, or make, payments under this paragraph shall terminate 1 year after the date of enactment of this subsection.
`(3) DEFINITIONS- In this subsection, the following definitions shall apply:
`(A) DAMAGED AREA- The term `damaged area' means an area which the President has designated as a disaster area as a result of Hurricane Katrina of August 2005.
`(B) QUALIFIED BORROWER- The term `qualified borrower' means a small business concern--
`(i) located in a damaged area; or
`(ii) that demonstrates a direct adverse economic impact caused by Hurricane Katrina, based on such criteria as the Administrator may set by rule, regulation, or order.'.
(c) Small Business Emergency Relief-
(1) DEFINITIONS- As used in this subsection--
(A) the term `small business concern' has the same meaning as in section 3 of the Small Business Act; and
(B) the terms `Administration' and `Administrator' mean the Small Business Administration and the Administrator thereof, respectively.
(2) BUSINESS LOAN PROGRAMS- Section 20(e) of the Small Business Act (15 U.S.C. 631 note) is amended--
(A) by striking `$25,050,000,000' and inserting `$30,550,000,000'; and
(B) in paragraph (1)(B)--
(i) by striking `$17,000,000,000' and inserting `$20,000,000,000';
(ii) by striking `$7,500,000,000' and inserting `$10,000,000,000'; and
(C) by striking `25,050,000,000' and inserting `30,550,000,000'.
(3) GRANTS TO STATES DAMAGED BY HURRICANE KATRINA- There is authorized to be appropriated, and there is appropriated, to the Department of Commerce $400,000,000 to provide, through appropriate government agencies in Louisiana, Alabama, Mississippi, Texas, and Florida, to provide bridge grants and loans to small business concerns located in the area which the President has designated as a disaster area as a result of Hurricane Katrina, to assist in covering costs of such concerns until they are able to obtain loans through Administration assistance programs or other sources.
(4) DISASTER LOAN ADDITIONAL AMOUNTS- In addition to any other amounts otherwise appropriated for such purpose, there is authorized to be appropriated, and there is appropriated, to the Administration $86,000,000, to make loans under section 7(b) of the Small Business Act.
(5) OTHER DISASTER LOANS FOLLOWING HURRICANE KATRINA-
(A) IN GENERAL- Paragraph (4) of section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as added by this Act, is amended by adding at the end the following:
`(E) REFINANCING DISASTER LOANS AFTER HURRICANE KATRINA-
`(i) IN GENERAL- Any loan made under this subsection that was outstanding as to principal or interest on August 24, 2005, may be refinanced by a small business concern that is located in an area designated by the President as a disaster area as a result of Hurricane Katrina of 2005 (in this paragraph referred to as the `disaster 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 outstanding as to principal or interest on August 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.
`(ii) RESUMPTION OF PAYMENTS- At the end of the 1-year period described in clause (i), the payment of periodic installments of principal and interest shall be required with respect to such loan, in the same manner and subject to the same terms and conditions as would otherwise be applicable 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 assistance under paragraphs (1) and (4) until one year after the date on which the President designated the area as a disaster area as a result of Hurricane Katrina.
`(I) NO SALE- No loan under this subsection 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 amended in the undesignated matter at the end--
(i) by striking `, (2), and (4)' and inserting `and (2)'; and
(ii) by striking `, (2), or (4)' and inserting `(2)'.
(d) Entrepreneurial Development- In addition to any other amounts authorized for any fiscal year, there are authorized to be appropriated, and there is appropriated, 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 program authorized by section 8(b)(1) of the Small Business 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 affected by Hurricane Katrina;
(3) $4,500,000, to be used for activities of women's business centers authorized by section 29(b) of the Small Business Act and for recipients of a grant 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 office of veteran's business development pursuant to section 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 affected by Hurricane Katrina.
(e) Small Business Development Centers- Section 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 fiscal 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 small business concerns adversely affected by Hurricane Katrina.'.
(f) HUBZones- Section 3(p)(1) of the Small Business 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 program 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 designation of such area by the Administrator.
(2) ADMINISTRATOR ACTION- The Administrator may fulfill the requirement of paragraph (1) by acting through--
(A) the Small Business Administration;
(B) the Federal agency small business officials 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 memorandum of understanding or assistance agreement, as appropriate, with the Administrator.
(h) Small Business Bonding Threshold- Notwithstanding any other provision of law, for all procurements 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 ancillary 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 adding at the end the following:
`(32) SUPPLEMENTAL EMERGENCY LOANS AFTER HURRICANE KATRINA-
`(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 adversely affected by Hurricane Katrina, subject to subparagraph (B).
`(B) OVERSIGHT PROTECTIONS- In making any loan under subparagraph (A)--
`(i) the borrower shall be made aware that such loans are for those adversely affected 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 indirectly; and
`(II) not later than 6 months after the date of enactment of this paragraph, and every 6 months thereafter 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 Business and Entrepreneurship of the Senate and the Committee on Small Business 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 Administrator shall, in lieu of the fee established under paragraph (23)(A), collect an annual fee of 0.25 percent of the outstanding balance of deferred participation loans made under this subsection to qualified borrowers for a period of 1 year after the date of enactment of this paragraph.
`(ii) GUARANTEE FEES- Notwithstanding any other provision of law, the guarantee fee under paragraph (18)(A) for a period of 1 year after the date of enactment of this subparagraph shall be as follows:
`(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 facilitate 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 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 related to the aftermath of Hurricane Katrina.
(k) Energy Emergency Relief-
(1) SMALL BUSINESS AND FARM ENERGY EMERGENCY DISASTER LOAN PROGRAM-
(A) SMALL BUSINESS DISASTER LOAN AUTHORITY- 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 described 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 purchase heating oil, natural gas, gasoline, or propane 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 kerosene, any increase which the Administrator, 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 January 1, 2005, as the result of a significant increase in the price of heating oil, natural gas, gasoline, propane, 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 paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $1,500,000, unless such borrower constitutes a major source of employment in its surrounding area, as determined by the Administration, in which case the Administration, in its discretion, may waive the $1,500,000 limitation.
`(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 pursuant to clause (i), the Governor of a State in which a significant increase in the price of heating oil, natural gas, gasoline, propane, or kerosene has occurred may certify to the Administration that small business concerns have suffered 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 certification, the Administration may make such loans as would have been available under this paragraph 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 subparagraph (B) to convert from the use of heating oil, natural gas, gasoline, propane, or kerosene to a renewable or alternative energy source, including agriculture and urban waste, geothermal energy, cogeneration, 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, gasoline, propane, or kerosene' after `civil disorders'; and
(ii) by inserting `other' before `economic'.
(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 thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business 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 concerns that applied for a loan under that section 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 participating small business concerns; and
(v) recommendations for ways to improve 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 Administrator of the Small Business Administration under paragraph (3), or 30 days after the date of enactment of this Act, with respect to assistance 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 `: Provided,' the following: `, or (ii)(I) are owned or operated by such an applicant that is also a small business concern (as defined in section 3 of the 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 occurring on or after January 1, 2005, in connection with an energy emergency 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 emergency' 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 made by subparagraph (A) to meet the needs resulting from natural disasters.
(C) REPORT- Not later than 12 months after the date on which the Secretary of Agriculture 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 Agriculture, Nutrition, and Forestry of the Senate and to the Committee on Small Business and the Committee on Agriculture of the House of Representatives, a report that--
(i) describes the effectiveness of the assistance 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 Secretary of Agriculture under paragraph (3), or 30 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 paragraph.
(3) GUIDELINES AND RULEMAKING-
(A) GUIDELINES- Not later than 30 days after the date of enactment of this Act, the Administrator of the Small Business Administration 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 Administrator of the Small Business Administration, after consultation with the Secretary of Energy, 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-
(1) IN GENERAL- Assistance made available under any loan made or approved by the Administration under this section, subsections (a) or (b) of section 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 Administration for purposes of the Federal Credit Reform Act of 1990 only.
(2) USE OF FUNDS- Assistance under this section 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 provided under section 402 of H. Con. Res. 95 (109th Congress).
ANTIDEFICIENCY ACT
SEC. 530. EXTENSION OF UNIVERSAL SERVICE FUND EXEMPTION FROM THE ANTIDEFICIENCY ACT.
Section 302 of the Universal Service Antideficiency Temporary Suspension Act is amended by striking `December 31, 2005,' each place it appears and inserting `December 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 subparagraph (C) and inserting the following:
`(C) LOWERING OF FEES-
`(i) IN GENERAL- Subject to clauses (ii) and (iii)--
`(I) the Administrator may reduce fees paid by small business borrowers 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 increased 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 business borrowers and by lenders for guarantees 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 multilateral 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 heading, $11,000,000 are rescinded.
Legal Activities
ASSETS FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading, $82,000,000 are rescinded.
Federal Bureau of Investigation
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading, $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 Investigation'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 AMENDMENTS TO CONTROLLED SUBSTANCES ACT.
(a) Addition of Pseudoephedrine and Ephedrine to Schedule V- The matter under schedule V in 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 inserting 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 permitted by the State.
`(B) REQUIREMENTS FOR PURCHASER- Any person purchasing, receiving, or otherwise acquiring any such substance shall, prior to taking possession--
`(i) provide an approved Federal or State-issued photo identification or an alternative form of identification authorized by the Attorney General; and
`(ii) sign or make an entry in a written 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 PURCHASE- No person shall purchase, receive, or otherwise acquire more than 7.5 grams of a controlled 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 determines that the product cannot be used in the illegal manufacture of methamphetamine or any other controlled dangerous substance.
`(B) DIFFERENT FORMULATION-
`(i) IN GENERAL- The Attorney General, upon the application of a manufacturer 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 consider a product under clause (i) to be subject 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 practitioner, and at a location other than a pharmacy if--
`(i) the Attorney General--
`(I) determines that the retail facility 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 license to the person authorized to make the sale under subsections (i) and (j) of section 303, respectively;
`(ii) the person dispensing the controlled substance described in paragraph (6) of schedule V follows the procedures set forth in this Act; and
`(iii) the person authorized under section 303(i) dispensing the controlled substance described in paragraph (6) of schedule 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 enforcement authority with jurisdiction to investigate crimes involving controlled substances 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 General shall promulgate rules and regulations--
`(I) prescribing the content and format of the log required in paragraph (2)(B)(ii);
`(II) establishing the manner in which the information in the log required in paragraph (2)(B)(ii) shall be reported to law enforcement authorities; 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 facilitate a product recall necessary to protect public health and safety.
`(ii) MISREPRESENTATION WARNING- The rules and regulations under clause (i) shall require that the log explain the potential consequences of false statements or misrepresentations, including requiring that the following statement is prominently presented: `NOTE: PENALTY FOR MISREPRESENTATION - Any misrepresentation (by omission or concealment, or by misleading, false, or partial answers may result in prosecution pursuant to section 1001 of title 18, United States Code, which makes it a criminal offense, punishable by a maximum of 5 years imprisonment, $10,000 fine, or both, knowingly and willfully to make a false statement or representation to any Department or Agency of the United States as to any matter within the jurisdiction of any Department or Agency of the United States.'
`(B) ALTERNATE IDENTIFICATION- The Attorney General shall promulgate rules and regulations authorizing the acceptance of an alternate 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 established pursuant to Federal or State law is immune from civil liability unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.'.
(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 substance described in paragraph (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.
`(2) CONSIDERATIONS- In determining the public interest, the Attorney General shall consider--
`(A) the applicant's maintenance of effective controls against diversion of the controlled substance described in paragraph (6) of schedule V into other than legitimate channels equivalent to that of a pharmacy;
`(B) the applicant's compliance with applicable State and local law, including holding a valid license issued by an appropriate State authority evidencing compliance with subparagraph (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 safety, 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 paragraph (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.
`(2) CONSIDERATIONS- In determining the public interest, the Attorney General shall consider--
`(A) the applicant's compliance with applicable State and local law, including holding a license 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 safety, 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 paragraph (6) of schedule V of section 202 of the Controlled Substances Act (21 U.S.C. 812), as added by subsection (a), persons registered with the Drug Enforcement Administration to manufacture or distribute controlled substances shall maintain adequate security and provide effective controls and procedures to guard against theft and diversion, but shall not otherwise be required to meet the meet the storage, reporting, recordkeeping, or physical security control requirements (such as a cage or vault) for controlled substances in schedule V containing pseudoephedrine or ephedrine.
(e) State Penalties and Pediatric Products- Nothing in this Act shall be construed to--
(1) prevent a State or political subdivision of a State from adopting and enforcing penalties that are different from, in addition to, or otherwise not identical with, the penalties that apply under the Controlled Substances Act (28 U.S.C. 801 et seq.); or
(2) prevent a State or political subdivision of a State from permitting the sale of pediatric products containing pseudoephedrine or ephedrine, their salts or optical isomers, or salts of optical isomers where the pediatric product--
(A) is primarily intended for administration, according to label instructions, to children under 12 years of age and either--
(i) in solid dosage form, individual dosage units do not exceed 15 milligrams of ephedrine or pseudoephedrine; or
(ii) in liquid form, recommended dosage units, according to label instructions, do not exceed 15 milligrams of ephedrine or pseudoephedrine per 5 milliliters of liquid product; or
(B) is in liquid form--
(i) primarily intended for administration to children under 2 years of age;
(ii) the recommended dosage of which does not exceed 2 milliliters; and
(iii) the total package content is not more than 1 fluid ounce.
(f) Effective Dates-
(1) ONLY ACTIVE INGREDIENT- This section and the amendments made by this section shall take effect with regard to any substance in which ephedrine or pseudoephedrine is the only active ingredient 90 days after the date of enactment of this Act.
(2) OTHER PRODUCTS- This section and the amendments made by this section shall take effect with regard to any substance other than a substance described in paragraph (1) on January 1, 2007.
SEC. 711. EMPLOYER SCREENING OF EMPLOYEES WORKING WITH CONTROLLED SUBSTANCES.
Part C of the Controlled Substances Act (21 U.S.C. 821 et seq.) is amended by adding at the end the following:
`APPLICANTS AND EMPLOYEES
`SEC. 311. Persons registered with the Drug Enforcement Administration to manufacture, deliver, distribute, or dispense controlled substances shall 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, asking applicants for employment whether they have been convicted of any crime involving or related to controlled substances.'.
Subtitle B--Education, Prevention, and Treatment
SEC. 721. 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. 722. 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 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 High Need States- In awarding grants under subsection (a), the Secretary shall give 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
(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. 723. 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 and ephedrine, 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 or ephedrine 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.
SEC. 724. 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. 725. 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. 726. 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.
This Act may be cited as the `Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act, 2006'.
Amend the title so as to read: `An Act making appropriations for the Departments of Commerce and Justice, Science, and related agencies, for the fiscal year ending September 30, 2006, and for other purposes.'.

Making the News in Oregon

2005-09-19T19:38:00.000-07:00

A fellow PseudoActivist brought my attention to a story in The Oregonian headlined Meth trade finds new portal: eBay. If you are patient enough to read to the 11th paragraph on page 2, you will find mention of this blog and, perhaps even more exciting, my new feature, the PseudoCounter.

Grass Roots Grow Quickly

Another fellow PseudoActivist sent me this message:

Friends of mine have removed two more from ebay via complaints since I showed them your info. Keep up the great work!

Thanks, you too.

Other Meth Headlines of Note

Senate OKs $20 million to battle meth hotspots
Sponsored by Sen. George Allen, R-VA and Sen. Maria Cantwell, D-WA, the amendment boosts the amount of funding to fight meth (initially reported in this post) to $80 million.

Third meth bust at same New Tazewell home angers neighbors
Arrested three times within three months for meth production, Robert Engle of Claiborne County (TN) now has his bond set at $50,000 with the hope that he will remain in police custody until his court date. Jail overcrowding was cited as a probable reason for his previous bonds being set affordably low.

Set 'Em Up to Knock 'Em Down

To eBay:

I'd like to bring your attention to auction #5616236702 which has 15.84 grams of pseudoephedrine. The seller claims to be from Oklahoma. As you can see from the attached document received from the National Conference of State Legislatures, Oklahoma state law requires that pseudoephedrine must be sold by a pharmacist. The pills are not even in an identifying box.

Other auctions of concern are Item numbers:
5616171075, at least 1.44 grams of pseudo from IL
5617510168 & 5617510184, both contain 2.88 grams of pseudo from Northeast US
5616941161, 5.76 grams of pseudo from IL
5617671803, 1.44 grams of pseudo from Northeast US
5615830378, 60 pills from Pennsylvania

I look forward to hearing that the eBay has decided to prohibit sales of pseudoephedrine on its website. I would also like eBay to impement a form that requires a seller of over-the-counter medication to list the active ingredients of the medicine they are selling and the amount per dose. I appreciate your continued attention.

Persistence Counts

2005-09-16T16:50:00.000-07:00

I received the following message from eBay concerning the auctions from this post.

Thank you for taking the time to write eBay with your concerns.
I reviewed the information you provided and I have taken the appropriateaction in accordance with our listing policies. Violations of eBay's listing policies can lead to consequences that range from issuing the seller an informational alert, ending the listing, moving the listing toa more appropriate category, a temporary suspension, an indefinite suspension or terminating the membership. Repeated violations of eBay's listing policies can result in the suspension of a member's account.

I can understand your desire to know what action we may have taken on the seller's account. However, due to eBay's Privacy Policy I am unable to provide you with information regarding the details of another member's account. This is for the protection of all eBay members. I am only able to inform you that the listing is no longer on our site.For more information on our listing guidelines, please visit our policy page at the following Web address: http://pages.ebay.com/help/confidence/items-policies.html I appreciate your continued help in keeping eBay a safe and fair place to trade.
Thank you for being part of the eBay community.

Regards,
Shea
Community Watch Team
eBay Trust & Safety

I went to eBay to see if they had removed all similar items after I read the above message, but they had not. But I checked once more before I posted, and they have all been taken down. Hence the HUGE jump in the auction counter on the right--even since yesterday.

New Feature The PseudoCounter

2005-09-15T14:54:00.000-07:00

Since I have not been successful yet in getting eBay to completely eliminate pseudo sales, one of my friends suggested I keep a counter on my blog of how many auctions they took down after I emailed them and the total approximate weight of the combined auctions. Great idea!! (Un)Fortunately, eBay has taken down more auctions than I specifically wrote to them about, so my numbers will be lower than actual (Hence the "Underestimation" part). Anyway, look for it on the right hand side and (hopefully) watch the numbers climb.

Current count (Underestimation):
Auctions removed from eBay: 30
Approximate weight: 200 grams

The Rims Still Spinnin'...Kinda Like When the Wheels Get Stuck in the Mud

2005-09-13T20:57:00.000-07:00

It appears eBay will have to be monitored continuously. Despite Kaelee's pleasant message from eBay that I received on my birthday, when I checked eBay for auctions today, it prompted this message back to eBay:

Thanks, Kaelee. Your message was a pleasant birthday present.

I realize this email may not get back to you specifically, but I wanted to bring eBay's attention to Item 5615876219 - an auction of what appears to be a box of pseudoephedrine that would be found in a doctor's office or hospital. The seller claims to be from Oregon, which has laws about how much pseudoephedrine can be sold at a time. I have attached a document from the National Conference of State Legislators with summaries of each state's laws. Your legal department may be interested in reading it, as it might help them to move towards the prohibition of selling pseudoephedrine via auctions.

There are also two auctions Items 5615641064 & 5615641123 that may violate the state statutes regulating the sale of pseudoephedrine. I hope that eBay considers prohibition of not only "pseudoephedrine" auctions, but also "Sudafed" auctions.

Thank you for your continued attention.

Actually, it was two separate messages, but it looks better on here as one.

Halfway There (for federal legislation)

2005-09-09T18:06:00.000-07:00

One of my friends came to me today excited about a vacation he is planning. After quickly telling me about it, he said, "I have good news for you, too" and pointed me to this article. Senator Talent, D-MO, was able to have his Combat Meth Act put on as an amendment to the Commerce, Justice and Science Appropriations bill.

More information is available on Sen. Talent's website. I've also pasted it word for word below because it is such great news.

U.S. Senate Approves Talent-Feinstein Anti-Meth Bill

September 09,2005

(WASHINGTON, D.C.) In a major victory in the effort to fight methamphetamines, the Senate today unanimously approved legislation by U.S. Senators Jim Talent (R-Mo.) and Dianne Feinstein (D-Calif) to limit access to cold medicines containing pseudoephedrine, the primary ingredient used to make methamphetamine. The Senate approved the Talent-Feinstein bill by unanimous consent adding it to the Commerce, Justice and Science Appropriations bill. The appropriations bill has already passed the House and is expected to pass the Senate as early as next week.

The Talent-Feinstein legislation would move cold medicines containing pseudoephedrine behind the pharmacy counter and limit how much one person can buy to 7.5 grams a month. It is modeled after the successful Oklahoma law that resulted in an immediate 80 percent drop in meth labs seized. The comprehensive bill also authorizes $43 million in new anti-meth funding for law enforcement, training and treatment.

"This is a great day for those threatened by meth," said U.S. Senator Jim Talent. "Our bill would strengthen anti-meth laws passed in other states and it establishes the gold standard in the country to restrict the sale of products with pseudoephedrine so we can finally get ahead of the meth cooks. Sen. Feinstein and I worked closely with law enforcement on this bill because we wanted to address the problems they are facing on the ground. As a result, the legislation we passed today is the toughest, most comprehensive anti-meth plan every considered by the Congress."

"I want to commend Sen. Feinstein for her leadership," Sen. Talent said. "She’s been a tireless leader for ten years in the fight against meth and it’s been a pleasure to work with her on this issue."

"I believe this is a giant step forward," said U.S. Senator Dianne Feinstein. "This bill will put thousands of meth labs out of business across the country. It establishes a strong national standard for limiting access to pseudoephedrine, but also gives States the flexibility to enact even tougher laws. It’s not the total solution, but will make a major difference in preventing cold medications from being used to cook meth. Now it’s up to the House to accept this provision in conference and send it to the President for his signature.

"Let me thank Senator Talent for his leadership on this issue," Sen. Feinstein said. "He’s been great to work with. The fact that this is a bipartisan effort in a day of intense partisanship is hopefully a beacon for the future."

“Today’s unanimous adoption by the Senate of the ‘Combat Meth Act’ amendment is a tremendous victory for law enforcement in its fight against the methamphetamine epidemic,” said Fraternal Order of Police National President Chuck Canterbury. “The F.O.P. is grateful for the leadership of Senators Talent and Feinstein on this important legislation, and we will continue to work with them to ensure that our nation’s law enforcement officers have the tools they need to counter the threat which this deadly drug poses to our children and to our communities.”

The bill:

Moves cold medicines containing pseudoephedrine behind the counter – amends the Controlled Substances Act to appropriately limit the sale of medicines containing pseudoephedrine by placing them behind the counter and sets a limit on how much of such medicines one person can buy in a month – 7.5 grams.

Requires signature and identification for purchases – The Attorney General will develop regulations to ensure uniformity.

Creates alternate procedures for stores without pharmacies and stores in rural areas – The Drug Enforcement Administration and States will be able to develop additional procedures to continue to allow cold medicine to be sold at retail stores without pharmacies and in rural areas (but which meet appropriate security criteria), consistent with the intent of the bill to limit access to pseudoephedrine.

Establishes a uniform federal standard that strengthens all existing state laws.

Creates a national Meth treatment center – to research effective treatments for Meth abuse.

Authorizes $43 million for enforcement, training, and research into treatment. This includes:

$25,000,000 for local law enforcement and federal prosecutors to bring meth manufacturers and dealers to justice

$13,000,000 for meth treatment and research

$5,000,000 to help children who have been affected by meth

Once the Commerce, Justice and Science Appropriations bill passes the full Senate it will go to a conference committee between the House and the Senate.

Background

Methamphetamine is perhaps the most deadly, fiercely addictive and rapidly spreading drug the United States has known. During the past decade, while law enforcement officers continue to bust record numbers of clandestine labs, meth use in communities has increased by as much as 300%. Meth is cheap, potent, and available everywhere.

The continuing proliferation of methamphetamine production continues to put a severe strain on federal and local law enforcement resources. Fighting meth requires a comprehensive approach designed to assist states, local law enforcement and prosecutors to crack down on cooks and traffickers of meth while enhancing community education and awareness and treatment options for those addicted to this dangerous drug.

###

Now, who do you think was more excited: me about the bill or my friend about his vacation (which he will take next June)?

Legitimate Progress

2005-09-08T18:14:00.000-07:00

My response from eBay following my last email to them (read it in my last post) is much more promising. Not only did they remove all the auctions mentioned in my email, they sent me a topic-specific reponding email.

Hello,

Thank you for contacting eBay. My name is Kaelee, and I am glad to be of assistance.

I have reviewed your report and can assure you that we are investigating this matter. Due to privacy concerns, we cannot discuss the details of any action taken. I hope you understand our policy and that it assures you that your personal account history will always remain private.

Now, I can appreciate your concern regarding this matter, and while (to my knowledge) we are not currently monitoring the amounts of pseudoephedrine purchased buy buyers, I think that you have a great idea. If you would like to submit a suggestion regarding how we may improve our services please do so. Many of the changes made on the site are due to suggestions received from our eBay Members. While we are unable to implement every suggestion, we do review all of the
suggestions we receive. To make a suggestion please do so by emailing:

suggest@ebay.com

Due to the number of suggestions we receive, we are unable to respond to each one. However, if you send in your suggestion please be assured that it will be reviewed.

Should you have any further questions or concerns, please do not hesitate to contact us.

We are committed to your online trading success.

Regards,

Kaelee
Community Watch Team
eBay Trust & Safety

I realize it still reads mostly like a form response, but at least Kaelee was kind enough to address pseudoephedrine specifically.

First Meth Lab Found In Rhea County, TN Since New Law

It is not a headline or a story I really like to read, but one lab in five months is much better than five labs in one month. As long as the reduction in meth labs found is not because of decreased attention to the problem.

On the Airwaves and Into Your Home

2005-09-05T18:07:00.000-07:00

I finally came across the story that Nashville Public Radio aired on August 19 about eBay selling pseudoephedrine. The eBay story was wrapped between the Bush administration announcement in Nashville and Senator Frist's Three Biggest Issues American's Face. In case you are curious and don't want to read the whole article, the "Big 3" are terrorism, economic competitiveness and the rising cost of health care.

Semi-Regular eBay Update

Well, after it seemed that eBay was doing better about listing pseudo, there are now 16 auctions for Sudafed and 23 for pseudoephedrine. Some of the auctions (like this one) are for over auctions 28.8 grams of pseudo--Three times the legal limit in many states.

I find it ironic that eBay tells its users that "eBay urges its sellers and buyers to comply with all governmental laws and regulations", but eBay seems reluctant to simply be a conscientious company and prohibit outright the auctioning of pseudo.

This Finding Spurred My Latest Message to eBay:

RE: Items 5613192329, 5613192572, 5613192885, 5613193250, 5613194302, 5613197706

At lest 36 states have passed laws restricting the sale of pseudoephedrine, many of them limiting the amount that can be purchased be a person over 30 days to 9 grams. Many online sellers of pseudo have followed suit and created internal policies restricting how much can be bought at a time.

I would like to see eBay put its own internal restrictions on pseudo since eBay (as far as I know) does not track the buying habits of their users. If you do, I would hope that you notice if someone buys excessive quantities of pseudoephedrine, as it is the key ingredient for manufacturing methamphetamine, a highly addictive and dangerous illegal drug.

I know that the DEA has been in contact with your company, as have several reporters, trying to work with you in addressing this issue. I have yet to receive an acceptable response other than "thanks for sharing your concerns." It would be much appreciated if I could receive a concrete response. At the minimum, I would hope that you remove the 6 auctions of Topeka7300 that include 28.8 grams of pseudoephedrine.

Virginia's Executive Order on Pseudo

2005-09-03T06:56:00.000-07:00

Governor Mark Warner (D) decided has realized that meth is becoming too much of a problem in his state and signed an executive directive that limits the amount of pseudoephedrine that can be bought by the same person in one month.

Gov. Warner's Directive

Read more about it in The Washington Post

Other PseudoActivists Online

2005-08-28T19:33:00.000-07:00

This weekend, I found two fellow "pseudo"-bloggers. One was addicted to meth for several years, the other is a therapist who works with meth addicts and their families. Check out their sites: FoxGnaws and MethIsBad.

Congress Reporting for Duty, Sir (Federal Legislation Summaries)

2005-08-28T16:41:00.000-07:00

There are now 10 bills relating to meth that have been filed in the U.S. Congress:

1. Exile Meth Act (S.102)*
2. Combat Meth Act of 2005 (S.103)*
3. Federal Emergency Meth Lab Cleanup Funding Act of 2005 (S.259)*
4. Arrest Methamphetamine Act of 2005 (S.430)
5. Stop Crystal Meth Act of 2005 (S.1361)*
6. Exile Meth Act (H.R.313) *
7. Combat Meth Act of 2005 (H.R.314)*
8. Meth-Endangered Children Protection Act of 2005 (H.R.2335)
9. Arrest Methamphetamine Act of 2005 (H.R.3324)
10. Angie Fatino Save Our Children from Meth Act of 2005 (H.R.3568)

For those of you who want to read the full text of each bill, you can read them by clicking on the links above or inthe sidebar. However, if you just want the "Craig's Notes" version, I will be working to figure out, in laymen's terms, what each of the bills do. As I complete each analysis, I will post them below. They will be listed in the same order as above (numercially by house), though I will probably not research them in that order.

*Analysis completed and posted below

S.102
Filed by Sen. Jim Talent, R-MO, no cosponsors (Related to H.R.313)

What would the passage of the bill mean in English?

Provides $10 million in grants to combat methamphetamine abuse in states that: Had more than 200 meth labs seizures in 2004, and
Has a law sentencing first time meth possession/distribution of 5 or more grams to 5-40 years, no probation or parole; second offense 10 years-life, no probation or parole; third offense life with no probation or parole

The grants will be distributed in fiscal years 2006 and 2007. This sounds promising, but of the 23 states (AL, AR, CA, CO, FL, GA, IL, IN, IA, KS, KY, MI, MS, MO, NE, NC, ND, OH, OK, OR, TN, TX & WA) that would qualify based on the number of lab seizures, Section 4 of the bill limits the distribution of the grants to only two states. I am working to find out if that is because of the law requirement or pure politics.

Where is it?
Referred to the Senate Committee on the Judiciary

S.103
Filed by Sen. Jim Talent, R-MO, 37 co-sponsors (Related Bill H.R.314)

What would the passage of the bill mean in English?

Provides $15 million in 2006 towards training for the investigation and prosecution of meth offenses
Provides $3 million of the $15 million is available only to rural communities

Adds pseudoephedrine to the Schedule V drug list

A prescription would be required to purchase pseudoephedrine

Online sales in the U.S. would be restricted to those that take prescriptions (Sorry eBay)

Requires a log of pseudoephedrine purchasers to be kept by pharmacies

Limits monthly pseudoephedrine purchase to 9 grams per person

Provides $5 million over two years for rapid response teams to intervene on behalf of children living in a meth lab

Authorizes the Center for Substance Abuse to provide grants for methamphetamine treatment programs, with a priority placed on rural areas

Authorizes methamphetamine research grants to determine effective treatments

$3 million in 2006
"Sums as may be necessary" in 2007 and 2008 (your guess is as good as mine)

Provides $5 million in each 2006 and 2007 for methamphetamine precursor grants

Educate businesses of products that can be used to make meth

Hire personnel/implement monitoring software

Improve information sharing between states

Where is it?
Referred to the Senate Committee on the Judiciary

Senator Arlen Spector, R-PA filed a report on S.103 in Senate Judiciary Committee. I will post when I have figured out exactly what it does.

S.259
Filed by Sen. Tim Johnson, D-SD, 1 co-sponsor, Sen. Craig Thomas, R-WY

What would the passage of the bill mean in English?
For lack of a simpler explanation, I'll copy this one directly from the Senate website:

"Makes funding available from the Department of the Treasury Forfeiture Fund for payment to designated State, local, or tribal law enforcement, environmental, or health entities for experts and consultants needed to clean up areas formerly used as methamphetamine laboratories.
Provides that if a methamphetamine laboratory is located on private property not more than 90 percent of the costs may be paid only if the property owner: (1) did not have knowledge of the existence or operation of such laboratory before the law enforcement action to close it; or (2) notifies law enforcement not later than 24 hours after discovering the existence of such laboratory."

Where is it?
Referred to the Senate Committee on the Judiciary

S.1361 (I told you they wouldn't be done in order, didn't I?)
Filed by Sen. Charles Schumer, D-NY, no co-sponsors

What would the passage of the bill mean in English?
Possession of 50 grams of methamphetamines or any substance containing methamphetamines could put you in federal prison for 10 years-life on first offense. Possession of 5 grams of methamphetamines or any substance containing methamphetamines could put you in federal prison for at least 5-40 years on first offense.

Where is it?
Referred to the Senate Committee on the Judiciary

H.R.313
Filed by Rep. Roy Blunt, R-MO, 17 cosponsors including Rep. Lincoln Davis, D-TN and Rep. Sach Wamp, R-TN (Related to S.102)

What would the passage of the bill mean in English?
The same as S.102:

Provides $10 million in grants to combat methamphetamine abuse in states that: Had more than 200 meth labs seizures in 2004, and
Has a law sentencing first time meth possession/distribution of 5 or more grams to 5-40 years, no probation or parole; second offense 10 years-life, no probation or parole; third offense life with no probation or parole

Where is it?
Referred to the House Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary

H.R.314
Filed by Rep. Roy Blunt, R-MO, 45 co-sponsors including Rep. Zach Wamp, R-TN and Rep. John Duncan, R-TN (Related Bill S.103)

What does the bill say?
The same thing as S.103 as introduced. Let's be honest - you didn't want to read that again.

What would the passage of the bill mean in English?
See above.

Where is it?
Referred to the House Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary

S.102

2005-08-28T16:28:00.000-07:00

IN THE SENATE OF THE UNITED STATES
January 24, 2005
Mr. TALENT introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To provide grants to States to combat methamphetamine abuse.

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 `Exile Meth Act'.
SEC. 2. ESTABLISHMENT OF GRANT PROGRAM FOR COMBATING METHAMPHETAMINE REPEAT OFFENDERS.
The Attorney General shall establish a program that provides grants to qualified States for combating the problem of methamphetamine abuse, with a specific focus on the prosecution of repeat offenders.
SEC. 3. DEFINITION.
As used in this Act, the term `qualified State' means a State that--
(1) had more than 200 methamphetamine lab seizures in 2004, as reported by the National Clandestine Laboratory Database; and
(2) has a law that provides that a person who possesses or distributes 5 grams or more of methamphetamine, its salts, isomers, or salts of its isomers, or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, qualifies for a mandatory minimum sentence, without the possibility of probation or parole, of 5 to 40 years for a first offense, 10 years to life for a second offense, and life for a third offense.
SEC. 4. DISTRIBUTION OF GRANT AMOUNTS.
The Attorney General shall distribute grants authorized under this Act to 2 States.
SEC. 5. ADMINISTRATION.
The Attorney General shall prescribe requirements, including application requirements, for grants under the program established under this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated $10,000,000 for each of the fiscal years 2006 and 2007 to carry out this Act.
(b) Availability- Amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.

S.103

2005-08-28T16:26:00.000-07:00

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.

S.259

2005-08-28T16:24:00.000-07:00

IN THE SENATE OF THE UNITED STATES
February 2, 2005
Mr. JOHNSON (for himself and Mr. THOMAS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To require that Federal forfeiture funds be used, in part, to clean up methamphetamine laboratories.

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 `Federal Emergency Meth Lab Cleanup Funding Act of 2005'.
SEC. 2. FUNDING FROM TREASURY FORFEITURE FUND.
Chapter 97 of Title 31, United States Code, is amended--
(1) by redesignating section 9703 (as added by Public Law 103-62) as section 9703A;
(2) by moving section 9703 (as added by Public Law 102-393) so as to appear after section 9702; and
(3) in section 9703(a)(1), by adding at the end the following:
`(K)(i) Payment to the designated State, local, or tribal law enforcement, environmental, or health entity for experts and consultants needed to clean up any area formerly used as a methamphetamine laboratory.
`(ii) If a methamphetamine laboratory is located on private property, not more than 90 percent of the costs may be paid only if--
`(I) the property owner did not have knowledge of the existence or operation of such laboratory before the law enforcement action to close it; or
`(II) the property owner notifies law enforcement not later than 24 hours after discovering the existence of such laboratory.'.

S.430

2005-08-28T16:22:00.000-07:00

IN THE SENATE OF THE UNITED STATES
February 17, 2005
Ms. CANTWELL introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To arrest methamphetamine abuse in the United States.

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 `Arrest Methamphetamine Act of 2005'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Methamphetamine (meth) is an extremely dangerous and highly addictive drug.
(2) Methamphetamine use contributes to the perpetration of violent crimes, particularly burglary, child abuse, and crimes of substantial cost and personal pain to the victims, including identity theft.
(3) Methamphetamine labs produce hazardous conditions because of their use of chemicals such as anhydrous ammonia, ether, sulfuric acid, and other toxins which are volatile, corrosive and poisonous. When these substances are illegally disposed of in rivers, streams, and other dump areas, explosions and serious environmental damage can and does result.
(4) Since 2001, Federal funding has been provided through the Department of Justice COPS and Byrne Grant programs to address methamphetamine enforcement and clean up. Since 2002, although the methamphetamine problem has been growing and spreading across the United States, COPS funding has been cut each successive year, from $70,500,000 in 2002, to under $52,000,000 in 2005.
(5) As methamphetamine has impacted more States each year, the dwindling Federal funds have been parsed into smaller amounts. Each State deserves greater Federal support and a permanent funding mechanism to confront the challenging problem of methamphetamine abuse.
(6) Permanent Federal funding support for meth enforcement and clean-up is critical to the efforts of State and local law enforcement to reduce the use, manufacture, and sale of methamphetamine, and thus, reduce the crime rate.
(7) It is necessary for the Federal Government to establish a long-term commitment to confronting methamphetamine use, sale, and manufacture by creating a permanent funding mechanism to assist States.
SEC. 3. CONFRONTING THE USE OF METHAMPHETAMINE.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
`PART HH--CONFRONTING USE OF METHAMPHETAMINE
`SEC. 2991. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND METHAMPHETAMINE MANUFACTURING, SALE, AND USE.
`(a) Purpose and Program Authority-
`(1) PURPOSE- It is the purpose of this part to assist States--
`(A) to carry out programs to address the manufacture, sale, and use of methamphetamine drugs; and
`(B) to improve the ability of State and local government institutions of to carry out such programs.
`(2) GRANT AUTHORIZATION- The Attorney General, through the Bureau of Justice Assistance in the Office of Justice Programs may make grants to States to address the manufacture, sale, and use of methamphetamine to enhance public safety.
`(3) GRANT PROJECTS TO ADDRESS METHAMPHETAMINE MANUFACTURE SALE AND USE- Grants made under subsection (a) may be used for programs, projects, and other activities to--
`(A) arrest individuals violating laws related to the use, manufacture, or sale of methamphetamine;
`(B) undertake methamphetamine clandestine lab seizures and environmental clean up;
`(C) provide for community-based education, awareness, and prevention;
`(D) provide child support and family services related to assist users of methamphetamine and their families;
`(E) facilitate intervention in methamphetamine use;
`(F) facilitate treatment for methamphetamine addiction;
`(G) provide Drug Court and Family Drug Court services to address methamphetamine;
`(H) provide community policing to address the problem of methamphetamine use;
`(I) support State and local health department and environmental agency services deployed to address methamphetamine;
`(J) prosecute violations of laws related to the use, manufacture, or sale of methamphetamine; and
`(K) procure equipment, technology, or support systems, or pay for resources, if the applicant for such a grant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in the reduction in the use, sale, and manufacture of methamphetamine.
`(b) Eligibility- To be eligible to receive a grant under this part, a State shall submit to the Attorney General assurances that the State has implemented, or will implement prior to receipt of a grant under this section laws, policies, and programs that restrict the wholesale and limit sale of products used as precursors in the manufacture of methamphetamine.
`SEC. 2992. APPLICATIONS.
`(a) In General- No grant may be made under this part unless an application has been submitted to, and approved by, the Attorney General.
`(b) Application- An application for a grant under this part shall be submitted in such form, and contain such information, as the Attorney General may prescribe by regulation or guidelines.
`(c) Contents- In accordance with the regulations or guidelines established by the Attorney General, each application for a grant under this part shall--
`(1) include a long-term statewide strategy that--
`(A) reflects consultation with appropriate public and private agencies, tribal governments, and community groups;
`(B) represents an integrated approach to addressing the use, manufacture, and sale of methamphetamine that includes--
`(i) arrest and clandestine lab seizure;
`(ii) training for law enforcement, fire and other relevant emergency services, health care providers, and child and family service providers;
`(iii) intervention;
`(iv) child and family services;
`(v) treatment;
`(vi) drug court;
`(vii) family drug court;
`(viii) health department support;
`(ix) environmental agency support;
`(x) prosecution; and
`(xi) evaluation of the effectiveness of the program and description of the efficacy of components of the program for the purpose of establishing best practices that can be widely replicated by other States; and
`(C) where appropriate, incorporate Indian Tribal participation to the extent that an Indian Tribe is impacted by the use, manufacture, or sale of methamphetamine;
`(2) identify related governmental and community initiatives which complement or will be coordinated with the proposal;
`(3) certify that there has been appropriate coordination with all affected State and local government institutions and that the State has involved counties and other units of local government, when appropriate, in the development, expansion, modification, operation or improvement of programs to address the use, manufacture, or sale of methamphetamine;
`(4) certify that the State will share funds received under this part with counties and other units of local government, taking into account the burden placed on these units of government when they are required to address the use, manufacture, or sale of methamphetamine;
`(5) assess the impact, if any, of the increase in police resources on other components of the criminal justice system;
`(6) explain how the grant will be utilized to enhance government response to the use, manufacture, and sale of methamphetamine;
`(7) demonstrate a specific public safety need;
`(8) explain the applicant's inability to address the need without Federal assistance;
`(9) specify plans for obtaining necessary support and continuing the proposed program, project, or activity following the conclusion of Federal support; and
`(10) certify that funds received under this part will be used to supplement, not supplant, other Federal, State, and local funds.
`SEC. 2993. PLANNING GRANTS.
`(a) Eligible Entity- The Attorney General through the Bureau of Justice Assistance in the Office of Justice Programs, may make grants under this section to States, Indian tribal governments, and multi-jurisdictional or regional consortia thereof to develop a comprehensive, cooperative strategy to address the manufacture, sale, and use of methamphetamine to enhance public safety.
`(b) Authorization- The Attorney General is authorized to provide grants under this section not exceeding $100,000 per eligible entity for such entity to--
`(1) define the problem of the use, manufacture, or sale of methamphetamine within the jurisdiction of the entity;
`(2) describe the public and private organization to be involved in addressing methamphetamine use, manufacture, or sale; and
`(3) describe the manner in which these organizations will participate in a comprehensive, cooperative, and integrated plan to address the use, manufacture, or sale of methamphetamine.
`SEC. 2994. ENFORCEMENT GRANTS.
`Of the total amount appropriated for this part in any fiscal year, the amount remaining after setting aside the amount to be reserved to carry out section 2993 shall be allocated to States as follows:
`(1) 0.25 percent or $250,000, whichever is greater, shall be allocated to each of the States.
`(2) Of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States.
`SEC. 2995. NATIONAL ACTIVITIES.
`The Attorney General is authorized--
`(1) to collect systematic data on the effectiveness of the programs assisted under this part in reducing the use, manufacture, and sale of methamphetamine;
`(2) to establish a national clearinghouse of information on effective programs to address the use, manufacture, and sale of methamphetamine that shall disseminate to State and local agencies describing--
`(A) the results of research on efforts to reduce the use, manufacture, and sale of methamphetamine; and
`(B) information on effective programs, best practices and Federal resources to--
`(i) reduce the use, manufacture, and sale of methamphetamine; and
`(ii) address the physical, social, and family problems that result from the use of methamphetamine through the activities of intervention, treatment, drug courts, and family drug courts;
`(3) to establish a program within the Department of Justice to facilitate the sharing of knowledge in best practices among States addressing the use, manufacture and sale of methamphetamine through State-to-State mentoring, or other means; and
`(4) to provide technical assistance to State agencies and local agencies implementing programs and securing resources to implement effective programs to reduce the use, manufacture, and sale of methamphetamine.
`SEC. 2996. FUNDING.
`(a) Grants for the Purpose of Confronting the Use of Methamphetamine- There are authorized to be appropriated to carry out this part--
`(1) $100,000,000 for each fiscal year 2006 and 2007; and
`(2) $200,000,000 for each fiscal year 2008, 2009, and 2010.
`(b) National Activities- For the purposes of section 2995, there are authorized to be appropriated such sums as are necessary.'.
SEC. 4. STATEMENT OF CONGRESS REGARDING AVAILABILITY AND ILLEGAL IMPORTATION OF PSEUDOEPHEDRINE FROM CANADA.
(a) Findings- Congress finds that--
(1) pseudoephedrine is a particularly abused basic precursor chemical used in the manufacture of the dangerous narcotic methamphetamine;
(2) the Federal Government, working in cooperation with narcotics agents of State and local governments and the private sector, has tightened the control of pseudoephedrine in the United States in recent years;
(3) in many States, pseudoephedrine can only be purchased in small quantity bottles or blister packs, and laws throughout various States are gradually becoming tougher, reflecting the increasing severity of America's methamphetamine problem; however, the widespread presence of large containers of pseudoephedrine from Canada at methamphetamine laboratories and dumpsites in the United States, despite efforts of law enforcement agencies to stem the flow of these containers into the United States, demonstrates the strength of the demand for, and the inherent difficulties in stemming the flow of, these containers from neighboring Canada; and
(4) Canada lacks a comprehensive legislative framework for addressing the pseudoephedrine trafficking problem.
(b) Call for Action by Canada- Congress strongly urges the President to seek commitments from the Government of Canada to begin immediately to take effective measures to stem the widespread and increasing availability in Canada and the illegal importation into the United States of pseudoephedrine.

S.1361

2005-08-28T16:20:00.000-07:00

IN THE SENATE OF THE UNITED STATES
June 30, 2005
Mr. SCHUMER introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend the Controlled Substances Act to treat drug offenses involving crystal meth similarly to drug offenses involving crack cocaine.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. PENALTIES FOR CRYSTAL METHAMPHETAMINE.
(a) Short Title- This Act may be cited as the `Stop Crystal Meth Act of 2005'.
(b) Amendments to Controlled Substances Act- Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
(1) by amending subparagraph (A)(viii) to read as follows:
`(viii) 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;'; and
(2) by amending subparagraph (B)(viii) to read as follows:
`(viii) 5 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;'.

Current Law: Title 21, Section 841
"(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally -
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
(b) Penalties
Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows:
(viii) 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;
such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $8,000,000 if the defendant is an individual or $20,000,000 if the defendant is other than an individual, or both. If any person commits a violation of this subparagraph or of section 849, 859, 860, or 861 of this title after two or more prior convictions for a felony drug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release and fined in accordance with the preceding sentence."
(B) In the case of a violation of subsection (a) of this section involving
(viii) 5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;
such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of
twice that authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both."

H.R.313

2005-08-28T16:18:00.000-07:00

IN THE HOUSE OF REPRESENTATIVES
January 25, 2005
Mr. BLUNT introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To provide grants to States to combat methamphetamine abuse.

H.R.314

2005-08-28T16:16:00.000-07:00

IN THE HOUSE OF REPRESENTATIVES
January 25, 2005
Mr. BLUNT (for himself, Mr. AKIN, Mr. SHIMKUS, Mr. DUNCAN, Mr. ETHERIDGE, Mr. RENZI, and Mr. LEWIS of Kentucky) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, 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 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.FF0925) 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.

H.R.2335

2005-08-28T16:14:00.000-07:00

IN THE HOUSE OF REPRESENTATIVES
May 12, 2005
Mr. COOPER (for himself, Mr. WAMP, Ms. JACKSON-LEE of Texas, Mr. ROSS, Mrs. CHRISTENSEN, Mr. TOWNS, Mr. MATHESON, Mr. CASE, Mr. FORD, Mr. PAYNE, Mr. ETHERIDGE, Mr. KIND, Ms. HOOLEY, Mr. DAVIS of Tennessee, Mr. REICHERT, and Mr. MOORE of Kansas) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Public Health Service Act to provide for demonstration projects for the purpose of providing comprehensive services with respect to the problems of children who have been removed from environments in which methamphetamine is unlawfully manufactured, distributed, or dispensed.

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 `Meth-Endangered Children Protection Act of 2005'.
SEC. 2. SERVICES FOR CHILDREN REGARDING EXPOSURE TO METHAMPHETAMINE.
Part A of title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following section:
`SEC. 506C. SERVICES FOR CHILDREN REGARDING EXPOSURE TO METHAMPHETAMINE.
`(a) In General- The Secretary may make grants to States for carrying out demonstration projects for the purpose of providing comprehensive services with respect to the problems of children who have been removed from environments in which methamphetamine is unlawfully manufactured, distributed, or dispensed.
`(b) Preference in Making Grants- In making grants under subsection (a), the Secretary shall give preference to States in which, relative to other States, there is a substantial incidence or prevalence of occurrences of the unlawful manufacturing, distribution, or dispensing of methamphetamine.
`(c) Certain Services- Services that may be provided under a grant under subsection (a) include health services, mental health services, services regarding the transition from homes described in such subsection to appropriate residential environments, developmental evaluations and services, and other services determined to be appropriate by the Secretary to provide assistance regarding the problems of children described in such subsection.
`(d) Requirement of Matching Funds-
`(1) IN GENERAL- With respect to the costs of a demonstration project to be carried out under subsection (a), the Secretary may make a grant under such subsection only if the State involved agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 50 percent of such costs ($1 for each $1 provided in the grant).
`(2) DETERMINATION OF AMOUNT CONTRIBUTED- Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
`(e) Application for Grant- A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.
`(f) Evaluations- The Secretary shall, directly or through contracts with public or private entities, provide for evaluations of demonstration projects under subsection (a) in order to determine the quality and effectiveness of the services provided to children by the projects. Such an evaluation may not be conducted with respect to a project before the expiration of the 24-month period beginning on the date on which a grant under such subsection is first made for the project.
`(g) Authorization of Appropriations- For the purpose of carrying out this section, there is authorized to be appropriated $10,000,000 for each of the fiscal years 2006 through 2010.'.

H.R.3324

2005-08-28T16:12:00.000-07:00

IN THE HOUSE OF REPRESENTATIVES
July 18, 2005
Mr. REICHERT introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To arrest methamphetamine abuse in the United States.

H.R.3568

2005-08-28T16:10:00.000-07:00

IN THE HOUSE OF REPRESENTATIVES
July 28, 2005
Mr. LATHAM (for himself, Mr. BOSWELL, Mr. LEACH, and Mr. NUSSLE) 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 to provide for the transfer of ephedrine, pseudoephedrine, and phenylpropanolamine to schedule V of the schedules of controlled substances, 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 `Angie Fatino Save Our Children from Meth Act of 2005'.
SEC. 2. SCHEDULES OF CONTROLLED SUBSTANCES; TRANSFER OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE TO SCHEDULE V.
(a) In General- The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by inserting after section 202 the following section:
`SEC. 202A. SCHEDULING OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE.
`(a) Schedule V- With respect to schedule V of the schedules of controlled substances established under section 202(c), the Attorney General shall by regulation, not later than 90 days after the date of the enactment of the Angie Fatino Save Our Children from Meth Act of 2005, transfer to such schedule the following chemicals, subject to subsection (b):
`(1) Ephedrine.
`(2) Pseudoephedrine.
`(3) Phenlypropanolamine.
`(4) Each of the salts, optical isomers, and salts of optical isomers of the chemicals specified in paragraphs (1) through (3).
`(b) Pseudoephedrine in Certain Products; Continued Regulation as List I Chemical- Subject to the authority of the Attorney General under this Act to designate substances as controlled substances or listed chemicals:
`(1) Subsection (a) does not apply to pseudoephedrine when contained in a product that--
`(A) is in the form of a liquid, liquid capsule, or liquid-filled gel capsule;
`(B) does not contain more than 360 milligrams of pseudoephedrine; and
`(C) is approved under section 505 of the Federal Food, Drug, and Cosmetic Act.
`(2) Pseudoephedrine, when contained in such a product, shall be considered a list I chemical.'.
(b) Definitions- Section 102 of the Controlled Substances Act (21 U.S.C. 102) is amended by adding at the end the following paragraph:
`(46)(A) The term `pseudoephedrine' includes each of the salts, optical isomers, and salts of optical isomers of pseudoephedrine.
`(B) The term `schedule V pseudoephedrine product' means a product that contains pseudoephedrine and--
`(i) is not a list I pseudoephedrine product; and
`(ii) is approved under section 505 of the Federal Food, Drug, and Cosmetic Act.
`(C) The term `list I pseudoephedrine product' means a product that contains pseudoephedrine and is described in section 202A(b)(1).'.
SEC. 3. REGULATION OF PSEUDOEPHEDRINE AS LIST I CHEMICAL; EXCEPTIONS FROM DEFINITION OF REGULATED TRANSACTION; CONFORMING AMENDMENTS REGARDING SCHEDULE V PRODUCTS.
(a) In General- Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended--
(1) in paragraph (39)(A), by amending clause (iv) to read as follows:
`(iv)(I) subject to to subclause (II), any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act unless--
`(aa) the Attorney General has determined under section 204 that the drug or group of drugs is being diverted to obtain the listed chemical for use in the illicit production of a controlled substance; and
`(bb) the quantity of the listed chemical contained in the drug included in the transaction or multiple transactions equals or exceeds the threshold established for that chemical by the Attorney General; or
`(II) any transaction in a list I pseudoephedrine product, unless the Attorney General has determined under section 204 that the product is being diverted to obtain pseudoephedrine for use in the illicit production of a controlled substance; or';
(2) by striking paragraph (45); and
(3) by redesignating the paragraph (46) that relates to retail distributor as paragraph (45).
(b) Conforming Amendment- Section 310(b)(3)(D)(ii) of the Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(ii)) is amended by striking `102(46)' and inserting `102(45)'.
SEC. 4. RESTRICTIONS ON NONPRESCRIPTION RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS.
(a) List I and Schedule V Products; Registration Conditions- Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following subsection:
`(i)(1) With respect to list I pseudoephedrine products, a registration under this section that includes authority for the sale of such products at retail (including a registration for a pharmacy) shall provide that, for the general physical location for which the registration is issued, the registration is subject to the following conditions:
`(A) In offering the products for sale, the registrant places the products such that customers do not have direct access to the products (commonly known as behind the counter).
`(B) The registrant does not sell such a product that is in the form of a package that can be further broken down or subdivided into two or more separate and distinct packages.
`(C) The registrant does not knowingly sell to an individual more than one such product during a 24-hour period.
`(D) The registrant maintains a written list of sales of such products that identifies the products, the purchasers, and the dates and times of the sales (which list is referred to in this subsection as the `logbook').
`(E) The registrant does not sell such a product unless--
`(i) the prospective purchaser--
`(I) is 18 years of age or older;
`(II) presents an identification card that provides a photograph and is issued by a State or the Federal Government; and
`(III) legibly signs the logbook and prints in the logbook his or her name, address, and the date and time of the sale; and
`(ii) the registrant determines that the name signed and printed in the logbook corresponds to the name provided on such identification and that the date and time entered are correct.
`(F) After a volume of the logbook is full, the registrant maintains possession of the volume for not fewer than 12 months after the date of the last sale entered in the logbook.
`(G) The registrant does not offer a promotion in which, as part of a purchase transaction, such a product is provided without charge.
`(H) On the premises of the location, the registrant posts a clear and conspicuous notice providing as follows: `Federal law prohibits the over-the-counter purchase of more than one product containing pseudoephedrine in a 24-hour period, and prohibits the over-the-counter purchase of more than 7,500 milligrams of pseudoephedrine within a 30-day period. If you make an over-the-counter purchase of such a product, you are required to sign a logbook that may be accessible to law enforcement officers.'.
`(2) With respect to schedule V pseudoephedrine products that do not require prescriptions, a registration under this section for a pharmacy shall provide that, for the general physical location involved, the registration is subject to the following conditions:
`(A) The registrant does not dispense such a product unless--
`(i) the prospective purchaser is 18 years of age or older; and
`(ii) in any case in which the prospective purchaser is not known to the pharmacist involved, such purchaser presents an identification card that provides a photograph, is issued by a State or the Federal Government, and indicates the age of such purchaser.
`(B) The registrant maintains a record for the dispensing of such a product that contains, for each sale of the product--
`(i) the name and address of the purchaser;
`(ii) the name and quantity of the product purchased;
`(iii) the date of the purchase; and
`(iv) the name or unique identification of the pharmacist involved.
`(C) The record under subparagraph (B) is in one or more of the following forms:
`(i) A hard-copy record.
`(ii) A record in an electronic prescription-dispensing system.
`(iii) A record in an electronic data collection system that contains the information required in this subparagraph and that is capable of producing a hard-copy printout of the record.'.
(b) Penalties- Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) is amended--
(1) in paragraph (10), by striking `or' after the semicolon at the end;
(2) in paragraph (11), by striking the period at the end and inserting `; or'; and
(3) by inserting after paragraph (11) the following paragraph:
`(12) who is a registrant to violate any of the registration conditions described in section 303(i) (relating to the sale of list I and schedule V pseudoephedrine products).'.
SEC. 5. RESTRICTIONS ON PURCHASES 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 to knowingly or intentionally purchase at retail without a prescription more than one list I pseudoephedrine product during a 24-hour period, or to knowingly or intentionally purchase such a product at retail without legibly signing the appropriate logbook referred to in section 303(i)(1)(D). It shall be unlawful for any person to knowingly or intentionally purchase at retail without a prescription more than 7,500 milligrams of pseudoephedrine in list I or schedule V pseudoephedrine products during a 30-day period.'.

Getting Published

2005-08-24T16:24:00.000-07:00

An intelligent, witty, and informative letter to the editor was printed in today's The City Paper. It stirred up a lot of people, including a post that suggests that the author "is a flag-waving warrior in the war on people that we euphemistically call the 'War on Drugs'. He is probably on the 'Drug War' payroll, too." Interesting theory, but very inaccurate.

Despite several posts that say that all drugs should be legalized and taxed (which I doubt would be really effective in minimizing drugs' effects on society), I am encouraged by the discussion. Whether the post is supportive of PseudoActivism or against it, they are talking. As Thomas Jefferson is quoted as saying, "It's better to debate an issue without settling it, than to settle an issue without debate."

eBay Update

Searching eBay today, there are no auctions of "pseudoephedrine"! However, eBay provides a list of similar items which includes "sudafed" (5 results, including one auction with 9.6 grams of pseudoephedrine). It is still a big difference compared to just a few weeks ago when there were dozens such auctions. eBay's search also lists sites that offer the product you were searching for. The only results under "pseudoephedrine" have a limit on how much can be purchased at once. It looks like someone just might be listening.

Pseudoephedrine has not yet been added to the list of prohibited items, but it appears that progress is being made.

Meth Making Headlines

2005-08-23T17:55:00.000-07:00

I noticed several meth articles in Tennessee's news today (Local mother tells audiences how she beat meth addiction, Grant a welcome weapon in war on meth problem, and Authorities Battling New Enemy In War On Meth). Overall, it is some great news: meth addiction can be overcome, more money will be available to combat meth and fewer meth labs are being found in Tennessee.

However, the last headline is misleading, as producing meth outside the U.S. and smuggling it in is not new, not even to Tennessee. It may be more difficult to track/control smuggling (at least on a state and/or local level), but it also does not create the additional burden on local governments that the actual meth labs create (meth lab cleanup expenses, children being placed in state custody, and possible explosions which place meth burn victims in area hospitals). The recent Operation Three Hour Tour should pound a nice dent in the smuggled trade.

Great Steps Forward

2005-08-19T18:18:00.000-07:00

This morning, Nashville Public Radio aired a story about eBay selling pseudoephedrine this morning featuring yours truly. Nina Cardona did a great job of editing our interview and getting the point across that eBay should not permit (or at the very least restrict and monitor) the sale of pseudoephedrine on their website.

The story melded well with the announcement by members of the Bush cabinet in Nashville yesterday that they are planning on focusing more on meth production. While the announcement addresses trafficking, their proposal does not include additional resources for guarding our borders or require more frequent inspections of cargo shipped to the U.S. According to the White House's own document (pages 4-5), 65% of the meth lab capacity of the labs uncovered by the government in 2004 was from outside the United States. Much of this meth is manufactured in labs that are able to produce more than 10 pounds per day. Therefore, while controlling the manufacturing of methamphetamine production in the U.S. is vital to combatting the meth problem, it is equally important for the federal government work with foreign governments to crack down on meth production in their country provide additional resources to better control what comes across the border.

Extra, Extra!!

While writing today's entry, I came across today's announcement from the DEA: the results of their Operation Three Hour Tour. The operation resulted in the dismantling of 3 drug rings and 27 distribution groups which were capable of reaching 22,700 meth users a month. "Operation Three Hour Tour resulted in 164 arrests, the seizure of 3,163 pounds of cocaine, 55 pounds of methamphetamine, 15 pounds of heroin, 9 1/2 ounces of crack cocaine, 10,000 doses of ecstasy, $5.5 million in cash, 216 lbs. of marijuana, 58 vehicles, and 52 firearms."

Instead of my regurgitating their press release, I will let you read it for yourself. It is definitely a major step forward.

"Online drug sales could bypass new meth law" Article

2005-08-16T14:05:00.000-07:00

Thanks to Dick Cook at the Chattanooga Times Free Press, the meth on eBay issue will get additional national attention as his article "Online Drug Sales Could Bypass New Meth Law" has been picked up and posted by msnbc.com here.

Maybe He Didn't Get the Memo

There is a discrepancy between what the eBay spokesman told Cook and what the DEA reported in the White House Drug Policy. While the spokesman for eBay said they had not heard from the DEA on the pseudoephedrine issue, the DEA reported having worked with eBay for years, on their way to working with other sites such as Google and Yahoo (see post below).

Congressman Jim Cooper's Response

2005-08-15T10:06:00.000-07:00

Dear Mr. Dulniak:

Thank you for getting in touch with me to express your views regarding S 103, the Combat Meth Act of 2005. As a member of Congress, knowing your thoughts helps me to better represent all my fellow Tennesseans here in Washington.

As the House of Representatives addresses a wide range of issues in the 109th Congress, I want to convey to you how much I appreciate your involvement and participation and I will certainly keep your sentiments in mind. In Congress, I work very hard to promote legislation and policies that will improve the quality of life for all Tennesseans as I support initiatives to help create jobs, improve educational opportunities for our children, and preserve the national security, health and well-being of all American citizens. I hope you will continue to contact me to express your views on the many issues facing our nation and the U.S.
Congress.

If you need additional information or assistance, please do not hesitate to contact me or my office. I look forward to hearing from you again in the future.

Sincerely,

Jim Cooper
Member of Congress

For Consideration

2005-08-14T12:44:00.000-07:00

The White House Drug Policy addresses many of the concerns listed on this web page, including the initial reason for starting my campaign. From page 5:
Over the last couple of years, DEA has elicited eBay’s assistance in preventing the diversion of precursor chemicals through their auction sites, requesting that eBay discontinue the auctioning of methamphetamine precursors such as ephedrine, pseudoephedrine, iodine, red phosphorus and the MDMA precursor, sassafras oil. As a result of DEA’s efforts, eBay has stopped brokering all ephedrine and red phosphorusproducts. eBay has also placed quantity limits on iodine sales while also developing“pop-up” announcements for the remaining chemicals advertised on eBay, which will inform eBay customers of federal laws and penalties regarding those chemicals. Our success with eBay serves as a model for next steps with other online sites such as Google and Yahoo.

It is highly reassuring to know that some controls have been initiated and that the federal government is already working on additional regulations. However, the sharing of information about meth is as important as many of the things the government can do.

In Other News...

Chattanooga Times-Free Press printed an article on Saturday, August 13 about the sale of pseudoephedrine on eBay. Since I missed it, and it requires a subscription to read online, I am working on acquiring a copy.

White House Drug Policy

2005-08-11T15:24:00.000-07:00

Today I received the link to the White House Drug Policy. While I have not yet had the chance to read through it, I did want to post it ASAP.

Lots of Media Attention

Though not yet for this site. In addition to Newsweek and The Today Show's coverage of meth, "Too Late with Adam Carolla" with guest Kevin Nealon, discussed (if you can call it that) drugs, drug policies, and meth. Pretty deep subject for only the third show. But with Carolla and Nealon, it was entertaining and mildly insightful.

State Your Peace

2005-08-09T15:52:00.000-07:00

After discussions with several people who are interested in this cause, I have come up with another/alternate suggestion for eBay, which I sent earlier today:
EBay should require sellers of medications to list what the active ingredients are and how much is in each dose. EBay should easily be able to create new fields that must be filled in when a seller is posting an auction of over the counter medication. That way, the potential buyer can have greater confidence of what is being sold and eBay can more easily determine if the posted item is prohibited by its policies.

I also wrote to Senators Frist (R-TN) and Alexander (R-TN) about their position on S.103. I will post an update when I receive a response (other than the automatically generated "thank you").

Duke of HazMat

2005-08-08T15:34:00.000-07:00

A man was arrested today in Indiana after advertising his meth lab in a post office (http://www.14wfie.com/Global/story.asp?S=3695118&nav=3w6od5JG). Yes, a post office. Inside an office of a governmental agency, a man posts notice of his illegal operation, providing indisputable evidence that meth, even if you are the cook and not the connoisseur, can really mess you up.

On a Political Note (not "apolitical")

The U.S. Senate has proposed the Combat Meth Act of 2005. While it is a step in the right direction, allocating $15 million "to provide training to State and local prosecutors and law enforcement agents for the investigation and prosecution of methamphetamine offenses" and requiring a written log of purchasers of pseudoephedrine, it could do so much more.

1) The log is a written log. It is not a database. It is not required to be shared among pharmacies selling pseduoephedrine.

2) It does not specify if Internet sales of pseudoephedrine are covered in the bill.

3) It does nothing to address the importation/smuggling of meth and meth-making ingredients. The U.S. needs to do more to ensure that the cargo being unloaded at its ports is legitimate and is here legitimately.

The bi-partisan bill is sponsored by Senators Talent (R-MO), Feinstein (D-CA), Bayh (D-IN), Nelson (D-NE), Dayton (D-MN), Wyden (D-OR), Salazar (D-CO), Hagel (R-NE), Harkin (IA-D), Smith (R-OR), Coleman (R-MN), and Grassley (R-IA).

Hollaback

I've already heard from several members of the media concerning my letter to Director Gwyn. I hope to hear more, from the department, from those with votes on bills, and with those who vote for/against those who vote on bills (namely, everybody). Keep the support coming and don't be shy to post online.

Letter to Tennessee Bureau of Investigation Director Mark Gwyn:

2005-08-05T11:37:00.000-07:00

Dear Director Gwyn,

I recently discovered that eBay, the world’s largest online auction site, allows anyone to sell or buy unlimited quantities of pseudoephedrine, a key ingredient of methamphetamine. I have written to eBay several times to request that they change their policies concerning these sales, as they may impede many states’ efforts to combat meth, such as Tennessee’s own Meth-Free Tennessee Act of 2005. Despite my contacts with the company, the most definitive response I have received is basically, “Thanks. We like to hear from our members.”

Some of the recent auctions have contained nearly 300 pills and some contained over 14 grams of pseudoephedrine, more than 1.5 times the 9 gram limit allowed to be sold through Tennessee pharmacies.

The governor’s office reported a 39% drop in meth labs when comparing May 2005 to the previous year and a 59% drop in June. I am concerned that with companies such as eBay allowing the unrestricted, unmonitored sale of pseudoephedrine over the Internet, these gains may be reversed.

Methamphetamines wreak havoc on our society. Tennessee ranked second in meth lab seizures in 2004 with 1,188, second only to Missouri’s 2,280. In addition to filling up prisons, meth creates a burden for the Department of Children’s Services. In Tennessee, more than 750 children have been linked to meth-related investigations in a 6-month period, from October 2004 to February 2005. Also, the fumes created during the production of meth make the location of the lab uninhabitable. The fumes are so toxic that some experienced law enforcement officers have not found a single cockroach at a meth lab, despite the absolute squalor they find at the site.

Newsweek and The Today Show have recently used a great deal of their resources addressing methamphetamine, for which I applaud them. Since 99% of those who try meth become addicts, education of its hazards and keeping people from ever starting are the most effective tools in fighting the meth menace.

I have emailed hundreds of colleagues, friends, and family; many of whom have joined me in contacting eBay, but we have yet to hear a substantial response from eBay concerning their practice of allowing these auctions to take place. Thus, I thought the TBI should be informed of such practices, as your department may be able to track such sales or encourage eBay and other online sites to change their policies of selling pseudoephedrine.

Sincerely,

Craig Dulniak

P.S. - As you can see in the cc line, I have also sent this message to the media, as I feel it is important to put pressure on companies that continue the unmonitored sale of such potentially harmful products.

RESOURCES:

Meth-Free Tennessee Act of 2005

Meth-Free Tennessee Web Site

750+ Children Linked to Meth-Related Investigations in TN over 6 Months

"Stop Pseudoephedrine on eBay blog"

I also sent emailed the letter to members of the media in Tennessee, as well as NBC and Newsweek. Let's keep it moving.

Let's (Try) Not to Make This Political...

2005-08-02T15:04:00.001-07:00

Though that may be easier said than done - especially when reading the thread on eBay.

I have noticed that eBay seems to have fewer sudafed auctions on their website (and only one of "pseudoephedrine"). I have just sent the following message to eBay:

Item number: 5603602002
I wrote recently concerning the sale of pseudoephedrine on your website and have noticed that when searching for such auction, there are no listings. However, listings of Sudafed are still posted. Has eBay changed their policy to prohibit these types of auctions?

Today, I read about Oregon's meth legislation, which would require a prescription for Over-the-Counter medicines like Sudafed and Claritin. There may be trouble for this law, however, as it presents challenges to the policies of the FDA.

The Ghost Post

2005-08-01T10:39:00.000-07:00

The gist of this post was online for a day, but then disappeared for no known reason. Create your own theory and/or conspiracy.

I figure that you might want to see what eBay's response has been to my suggestion. Well, here it is:

Hello,Thank you for sharing your concerns and ideas.The communication we receive from our community members is critical for us to make changes that will keep our site the best. I will forward your message for further consideration by the Product Development Team.Please note that any comments or materials you have submitted or may submit to us, including questions, technical or creative suggestions or ideas, are considered by us to be non-confidential and non-proprietary. eBay has no obligation of any kind with respect to any such submissions.Should you have any other questions or concerns please visit our help pages located on our site for instant answers to most questions. You can get to the help section by clicking on Help at the top of most eBay pages.Thanks again for taking the time to help us learn more about what you want and need from our services.

In other news....

EBay Exec Named One of Top 10 Most Powerful Women in the World. Now, Fix Your Website...

Forbes recently named the Top 10 Most Powerful Women in the World. EBay CEO Margaret Whitman was listed at number 5! (http://www.forbes.com/2005/07/27/powerful-women-world-cz_05powom_land.html)

FYI (from the SEC's website):
EBay
2145 Hamilton Avenue
San Jose, CA 95125
408-376-7400

Let's Get It Started

2005-07-31T16:06:00.000-07:00

I recently discovered that eBay.com does not prohibit the selling of pseudoephedrine and phenylpropanolamine, (the main sources of ephedrine which is used to manufacture methamphetamines) on their website. I have since contacted them three times about this, with the most acceptable response being, essentially, "Thanks. We like to hear from our members. We might change."

You may ask why we should care or what the big deal is. Though I am tempted to say that nothing is the matter, that it is just part of our capitalistic society, and that any over the counter medicine should be allowed to be sold online, the worst case (thus probably the most realistic) is that the people who are winning these specific auctions are using this legitimate medication to manufacture the most addictive illegal drug being sold on the black market - methamphetamine.

Why would anyone go to the trouble of buying Sudafed-type products on eBay instead of going to the local CVS or Walgreens to buy it? Simple. Many states have realized the problems created by the manufacturing of methamphetamines and have begun passing tougher laws restricting the sale of Sudafed. Some states have moved these drugs behind the counter; others have placed restrictions on the amount that can be purchased at one time; and several states require signing a registry so that the state can pinpoint potential meth cookers.

So, what can we do? Write to eBay to ask them to create an internal policy of not selling pseudophedrines on their website. It undermines the efforts of the 29 states that are trying to put a stop to the "meth menace."

Below is a message I sent to eBay concerning their policy of allowing auctions of pseudoephedrine and phenylpropanolamine. (To be honest, it has gone through several revisions as I have tried to keep it current to the auctions now being run.) The first response I received was that I needed to cite a specific product. The second was that I needed to submit it as a suggestion here. The third response I received is that they basically "appreciate any suggestions to make the site better."

Since my responses from eBay have not been satisfactory (as the only acceptable response would be that they are ceasing sudafed auctions), the first step is not over. If you would like to add your voice to this growing campaign against selling pseudoephedrine on eBay (or any other web auction site), please do the same. If you feel like you need more information about how truly bad methamphetamines are, do a little research and see for yourself.

Is your state not one of the 29 states that has begun addressing meth? Write your state senator and representative and tell them to get on the ball.

Write your member of congress and your U.S. Senator encouraging them to support S.103, the anti-methamphetamine bill.

For more about S. 103, read about it on CNN.com.

Thank you for your time and thank you in advance for taking action. I will continue posting updates and additional pertinent information to provide a way for everyone who visits this blog to learn how truly horrible meth is.

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With the escalating problem of methamphetamines and the implementation of laws in several states addressing the sale of ephedrine, pseudoephedrine and phenylpropanolamine products (such as Sudafed), I am surprised and disappointed that eBay still allows for the sale of these products on its web site. In case you are not aware, methamphetamine production has dramatically increased in the United States over the past several years. It is more addictive than any other drug on the market, with 99% of first-time users becoming addicted. At least 29 states have passed laws to combat the “meth menace”, including longer jail sentences and restricting access to one of the main ingredients, found primarily in products like Sudafed. After Tennessee enacted its law restricting the sale of pseudophedrine in May 2005, arrests for meth labs have already dropped by about 40%. While I realize that eBay is not responsible for how products sold on its site are used, it is irresponsible to allow the sale of nearly 14400 mg of pseudoephedrine in one auction. There is no lawful reason that anyone would need to stock 120 pills with 120mg of pseudoephedrine unless they are operating a medical center. This auction would provide enough pseudoephedrine to manufacture about 10 grams of meth with a street value between $1000 and $2400. EBay has been responsive to public concerns over the types of products that are offered through its online auctions, removing items such as Live 8 concert tickets and DVDs, “buy my vote” auctions and prohibiting 31 categories of items, many of which have different regulations in different states, much less across the globe. Thus, prohibiting the sale of Sudafed-type products would not be inconsistent with the current policies. I hope that the executives at eBay who decide which items are appropriate for sale will review the legislation that has been passed and determine that an internal policy concerning pseudoephedrines is appropriate. I look forward to hearing that your company has decided to discontinue the sale of these products on its website.