[Congressional Record (Bound Edition), Volume 155 (2009), Part 11]
[Senate]
[Pages 14256-14257]
[From the U.S. Government Publishing Office, www.gpo.gov]




             COMBAT METHAMPHETAMINE ENHANCEMENT ACT OF 2009

  Mr. REID. Madam President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 38, S. 256.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 256) to enhance the ability to combat 
     methamphetamine.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Madam President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, that there be no intervening action or debate, and any 
statements relating to this matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 256) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                 S. 256

       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 2009''.

     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.''.

[[Page 14257]]



     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) 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) 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 (21 U.S.C. 830)''.

     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.

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