[Congressional Record (Bound Edition), Volume 156 (2010), Part 11]
[House]
[Pages 16219-16221]
[From the U.S. Government Publishing Office, www.gpo.gov]




             COMBAT METHAMPHETAMINE ENHANCEMENT ACT OF 2010

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2923) to enhance the ability to combat methamphetamine, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2923

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Kentucky (Mr. Whitfield) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to include extraneous material in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of H.R. 2923, the Combat 
Methamphetamine Enhancement Act of 2010.
  H.R. 2923 is designed to respond to problems that the Drug 
Enforcement Agency has identified in the implementation of the Combat 
Methamphetamine Epidemic Act of 2006. That 2006 law required retail 
sellers of ephedrine and pseudoephedrine products to file a self-
certification attesting that they have trained their personnel about 
the law and its requirements. According to the DEA, thousands of 
sellers have not yet self-certified. This legislation is designed to 
improve compliance with the 2006 law, and it will provide the DEA with 
enforcement tools, like civil fines.
  I want to commend Representative Gordon as well as Senator Feinstein 
for their leadership on this legislation. I also want to thank Ranking 
Members Shimkus and Barton for working with us in moving this bill 
forward so quickly.
  Mr. Speaker, I urge my colleagues to support the bill.
  I reserve the balance of my time.
  Mr. WHITFIELD. I want to thank Congressmen Pallone and Shimkus for 
bringing this important legislation to the floor. We all recognize the 
devastating effect of methamphetamines.
  Mr. Speaker, at this time I yield 5 minutes to the gentleman from 
Tennessee (Mr. Wamp), who has been a true leader in combating 
methamphetamines.
  Mr. WAMP. I thank the committees of jurisdiction, and I thank the 
leadership from the majority side and from the minority side.

[[Page 16220]]

  Mr. Speaker, this is a bill that effectively gives our drug 
enforcement leadership the tools that they need to continues this 
fight.
  Twelve years ago, much like Mr. Doyle was just talking about his 
tenure here in the House being defined by his extraordinary work in the 
area of autism, in many ways mine has been defined over the last 12 
years by fighting methamphetamine production in the Southeast, 
particularly in east Tennessee, where it surfaced in the late 1990s 
after coming to this country, really, in terms of production, in about 
1993. It surfaced first in California. Then it came to the mountains of 
east Tennessee.
  Much like moonshine did two generations earlier, it was a clandestine 
process where citizens would put together the chemicals to make it. It 
stunk really bad, so they would do it out in the middle of the 
mountains and the hills, and they would get as far away from urban 
centers as they could; but because the drug is so deadly and addictive, 
it encroached on other areas.
  We saw, frankly, the States that took the leadership take ephedrine 
and pseudoephedrine from behind the counter. They made it harder to 
get. They enforced a lot of rules at the State level, and it really 
knocked back the domestic production of methamphetamine. We still have 
a huge problem of methamphetamine coming in across the border, 
particularly through the transit country of Mexico, but this has helped 
us greatly combat the production.
  In east Tennessee, we formed the Southeast Tennessee Meth Task Force, 
which is a premier local, State, and Federal partnership because 
methamphetamine production can't be combated exclusively at the State 
and local levels. It just simply can't. They didn't have the resources 
to surveil it. It became a toxic site where it was made, and they 
didn't have the resources to clean it up, so we formed this 
partnership. It grew to become the East Tennessee Meth Task Force, and 
now it is a premier statewide task force.
  We have had tremendous success in combating methamphetamine 
production in Tennessee, but we have to continue to modernize the laws, 
including adding a Federal component, in order for drug professionals 
to be able to keep ephedrine and pseudoephedrine out of the hands of 
people who are addicted to methamphetamine, because they produce this 
most of the time for use. As a result, this is just a deadly, deadly 
disease out in the hinterland of America, and we have got to fight it. 
This bill is another step in the right direction.
  Congressman Gordon from Tennessee and I have been working together. 
Congressman Cooper from Tennessee and I passed a bill a few years ago 
to actually create Federal grant support for the children who are taken 
out of meth homes because when a meth home is infected by this plague, 
many times the children become wards of the State, and there was little 
help there at the State level as well.

                              {time}  1710

  So if this plague of methamphetamine has not come to your hometown, 
unfortunately, it will soon, and it's something that requires a Federal 
component.
  This is a good bill. I urge the entire House to stand together and 
pass this piece of legislation, thanking the committees of jurisdiction 
and the original sponsor, Mr. Bart Gordon of Tennessee.
  Mr. PALLONE. Mr. Speaker, I continue to reserve.
  Mr. WHITFIELD. When you talk to law enforcement officers anywhere in 
America today, they will tell you that about 80 percent of the crimes 
committed in America are the direct result of some type of drug. 
Methamphetamine is certainly one of those.
  In Kentucky, we have the Pennyrile Drug Task Force. And when I think 
about the passage of this legislation, I think of a gentleman named 
Cheyenne Albro who started that task force and who was a true leader in 
combatting methamphetamine and who, unfortunately, died a couple of 
weeks ago, but I know he would be very proud of this act.
  I would urge that this legislation be adopted.
  Mr. SENSENBRENNER. Mr. Speaker, in 2006, Congress took significant 
steps to reduce methamphetamine production and distribution by passing 
the Combat Methamphetamine Epidemic Act. Today, the House will consider 
H.R. 2923, the Combat Methamphetamine Enhancement Act, which will 
address problems that the Drug Enforcement Administration (DEA) has 
identified in the implementation of the Combat Methamphetamine Epidemic 
Act. H.R. 2923 aims to strengthen enforcement measures and ensure that 
retailers are in full compliance with the law.
  Prior to passage of the Combat Methamphetamine Epidemic Act, it was 
common practice for methamphetamine dealers to go into stores, load up 
shopping carts with cold medicines, break open the blister packs, and 
use the pseudoephedrine and ephedrine to make methamphetamine. The 
Combat Methamphetamine Epidemic Act stopped this practice, by requiring 
that cold medicines containing pseudoephedrine and ephedrine be placed 
behind a pharmacy counter, requiring signature and proof of 
identification before purchase, and limiting how much of these 
medicines a person can buy in a day or month. However, the law contains 
a loophole that allows retailers to continue to sell products 
containing pseudoephedrine and ephedrine without showing that their 
employees are complying with the law's requirement.
  H.R. 2923 will require retailers of pseudoephedrine and ephedrine 
products to verify with the DEA that they have trained their staff in 
the requirements of the Combat Methamphetamine Epidemic Act. If they 
don't, they simply won't be able to purchase pseudoe-phedrine products 
from distributors. The DEA needs every resource available to enforce 
the tough drug laws already on the books. This measure will curb drug 
manufacturers' access to ephedrine or pseudoephedrine, while keeping 
these products available to responsible consumers.
  Over the past decade, methamphetamines have emerged as one of the 
most dangerous homegrown drugs. Ranking as one of the most widely used 
illicit drugs in the world, it has become the most prevalent drug 
problem in many Western and Midwestern states, and is emerging on the 
East Coast. Congress made great efforts in the fight against 
methamphetamines with the enactment of the Combat Methamphetamine 
Epidemic Act. However, while many of the provisions in the 
comprehensive legislation have had positive results, including a sharp 
decline in national methamphetamine lab seizures; manufacturers, 
traffickers and abusers continue to search for loopholes in the law.
  H.R. 2923 is a common sense bill, designed to strengthen the 
implementation of the Combat Methamphetamine Epidemic Act. This bill 
would create incentives to ensure that the verification process of the 
law is made both effective and enforceable. I urge my colleagues to 
support this legislation.
  Mr. GORDON of Tennessee. Mr. Speaker, I rise in full support of H.R. 
2923, the Combat Methamphetamine Enhancement Act.
  I'd like to thank Chairman Pallone, Ranking Member Shimkus, Chairman 
Waxman, Ranking Member Barton, and the staff of the Energy and Commerce 
Health Subcommittee for their hard work on this bill. I'd also like to 
thank Senator Feinstein for her determination and diligence in the 
effort to combat the spread of meth.
  While visiting a Middle Tennessee high school a number of years ago, 
I asked a group of students to tell me about the most troubling issue 
facing them. Their top concern shocked me: they were worried about 
friends who were trying meth.
  Four years ago, Congress began to tackle this issue head on. In 2006, 
Congress approved the most comprehensive bill to date targeting the 
spread of meth by bringing all pseudoephedrine products behind the 
counter.
  For a time, this approach worked, and meth abuse rates went down.
  But the criminals who cook and distribute this dangerous drug have 
exploited loopholes in the laws that regulate the sale of precursor 
materials. As a result, we have once again seen an increase in the 
distribution, use, and manufacturing of meth across the country.
  In Tennessee, meth seizures have increased 50 percent in the past 
year.
  Too many retailers and distributors of pseudoephedrine and ephedrine 
products are not in compliance with the 2006 law. Even more alarming, 
recent trends are showing that more and more of those arrested are 
young people, who are first brought into the business as runners sent 
to purchase these products from retailers.
  Building on the 2006 law, H.R. 2923 would: require all retailers of 
pseudoephedrine and

[[Page 16221]]

ephedrine products to register with the U.S. Attorney General; require 
distributors of these products to sell only to retailers who are 
registered to sell controlled substances; require the Attorney General 
to provide a downloadable database on its website to all retailers who 
have filed self-certification; and, clarify that a retailer who 
neglects to file required self-certifications can face civil fines.
  This bill has been endorsed by the National Association of Chain Drug 
Stores, the Health Care Distribution Management Association, the 
Consumer Healthcare Products Association, the Community Anti-Drug 
Coalitions of America, the National Narcotics Officers' Association and 
the Fraternal Order of Police.
  Meth is a highly addictive and dangerous drug, with widespread 
consequences for users, their families, and their communities. With 
this legislation, we move one step closer to securing the safety of our 
communities across the nation by ensuring these products are used for 
their intended purpose, and not for illegal drugs.
  Mr. WHITFIELD. Mr. Speaker, I yield back the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield back the balance of my time and ask 
that the bill pass.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 2923, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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