Text: H.R.2923 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-268 (10/12/2010)

 
[111th Congress Public Law 268]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 2847]]

Public Law 111-268
111th Congress

                                 An Act


 
   To enhance the ability to combat methamphetamine. <<NOTE: Oct. 12, 
                         2010 -  [H.R. 2923]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Combat 
Methampheta- mine Enhancement Act of 2010.>> 
SECTION 1. <<NOTE: 21 USC 801 note.>> 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) <<NOTE: Reports.>> 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. <<NOTE: Regulations. Criteria.>> 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 <<NOTE: Web posting.>>  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;

[[Page 124 STAT. 2848]]

            (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) <<NOTE: Deadline.>> 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) <<NOTE: 21 USC 830 note.>> 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) <<NOTE: 21 USC 830 note.>> 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

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Congressional Record by the Chairman of the House Budget Committee, 
provided that such statement has been submitted prior to the vote on 
passage.

    Approved October 12, 2010.

LEGISLATIVE HISTORY--H.R. 2923:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 111-615, Pt. 1 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 156 (2010):
            Sept. 22, considered and passed House.
            Sept. 27, considered and passed Senate.

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