[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2923 Enrolled Bill (ENR)]

        H.R.2923

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
            To enhance the ability to combat methamphetamine.

    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 Methamphetamine Enhancement 
Act of 2010''.
SEC. 2. REQUIREMENT OF SELF-CERTIFICATION BY ALL REGULATED PERSONS 
SELLING SCHEDULED LISTED CHEMICALS.
    Section 310(e)(2) of the Controlled Substances Act (21 U.S.C. 
830(e)(2)) is amended by inserting at the end the following:
            ``(C) Each regulated person who makes a sale at retail of a 
        scheduled listed chemical product and is required under 
        subsection (b)(3) to submit a report of the sales transaction 
        to the Attorney General may not sell any scheduled listed 
        chemical product at retail unless such regulated person has 
        submitted to the Attorney General a self-certification 
        including a statement that the seller understands each of the 
        requirements that apply under this paragraph and under 
        subsection (d) and agrees to comply with the requirements. The 
        Attorney General shall by regulation establish criteria for 
        certifications of mail-order distributors that are consistent 
        with the criteria established for the certifications of 
        regulated sellers under paragraph (1)(B).''.
SEC. 3. PUBLICATION OF SELF-CERTIFIED REGULATED SELLERS AND REGULATED 
PERSONS LISTS.
    Section 310(e)(1)(B) of the Controlled Substances Act (21 U.S.C. 
830(e)(1)(B)) is amended by inserting at the end the following:
                ``(v) Publication of list of self-certified persons.--
            The Attorney General shall develop and make available a 
            list of all persons who are currently self-certified in 
            accordance with this section. This list shall be made 
            publicly available on the website of the Drug Enforcement 
            Administration in an electronically downloadable format.''.
SEC. 4. REQUIREMENT THAT DISTRIBUTORS OF LISTED CHEMICALS SELL ONLY TO 
SELF-CERTIFIED REGULATED SELLERS AND REGULATED PERSONS.
    Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) 
is amended--
        (1) in paragraph (13), by striking ``or'' after the semicolon;
        (2) in paragraph (14), by striking the period and inserting ``; 
    or'';
        (3) by inserting after paragraph (14) the following:
        ``(15) to distribute a scheduled listed chemical product to a 
    regulated seller, or to a regulated person referred to in section 
    310(b)(3)(B), unless such regulated seller or regulated person is, 
    at the time of such distribution, currently registered with the 
    Drug Enforcement Administration, or on the list of persons referred 
    to under section 310(e)(1)(B)(v).''; and
        (4) by inserting at the end the following: ``For purposes of 
    paragraph (15), if the distributor is temporarily unable to access 
    the list of persons referred to under section 310(e)(1)(B)(v), the 
    distributor may rely on a written, faxed, or electronic copy of a 
    certificate of self-certification submitted by the regulated seller 
    or regulated person, provided the distributor confirms within 7 
    business days of the distribution that such regulated seller or 
    regulated person is on the list referred to under section 
    310(e)(1)(B)(v).''.
SEC. 5. NEGLIGENT FAILURE TO SELF-CERTIFY AS REQUIRED.
    Section 402(a)(10) of the Controlled Substances Act (21 U.S.C. 
842(a)(10)) is amended by inserting before the semicolon the following: 
``or negligently to fail to self-certify as required under section 
310''.
SEC. 6. EFFECTIVE DATE AND REGULATIONS.
    (a) Effective Date.--This Act and the amendments made by this Act 
shall take effect 180 days after the date of enactment of this Act.
    (b) Regulations.--In promulgating the regulations authorized by 
section 2, the Attorney General may issue regulations on an interim 
basis as necessary to ensure the implementation of this Act by the 
effective date.
SEC. 7. BUDGETARY EFFECTS.
    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.