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



[[Page 124 STAT. 2847]]

Public Law 111-268
111th Congress

                                 An Act


=20
   To enhance the ability to combat methamphetamine. <<NOTE: Oct. =
12,=20
                         2010 -  [H.R. 2923]>>=20

    Be it enacted by the Senate and House of Representatives of the=20
United States of America in Congress assembled, <<NOTE: Combat=20
Methampheta- mine Enhancement Act of 2010.>>=20
SECTION 1. <<NOTE: 21 USC 801 note.>> SHORT TITLE.

    This Act may be cited as the ``Combat Methamphetamine Enhancement=20
Act of 2010''.
SEC. 2. REQUIREMENT OF SELF-CERTIFICATION BY ALL REGULATED PERSONS=20
                    SELLING SCHEDULED LISTED CHEMICALS.

    Section 310(e)(2) of the Controlled Substances Act (21 U.S.C.=20
830(e)(2)) is amended by inserting at the end the following:
                    ``(C) <<NOTE: Reports.>> Each regulated =
person who=20
                makes a sale at retail of a scheduled listed chemical=20
                product and is required under subsection (b)(3) to=20
                submit a report of the sales transaction to the Attorney =

                General may not sell any scheduled listed chemical=20
                product at retail unless such regulated person has=20
                submitted to the Attorney General a self-certification=20
                including a statement that the seller understands each=20
                of the requirements that apply under this paragraph and=20
                under subsection (d) and agrees to comply with the=20
                requirements. <<NOTE: Regulations. =
Criteria.>> The=20
                Attorney General shall by regulation establish criteria=20
                for certifications of mail-order distributors that are=20
                consistent with the criteria established for the=20
                certifications of regulated sellers under paragraph=20
                (1)(B).''.
SEC. 3. PUBLICATION OF SELF-CERTIFIED REGULATED SELLERS AND=20
                    REGULATED PERSONS LISTS.

    Section 310(e)(1)(B) of the Controlled Substances Act (21 U.S.C.=20
830(e)(1)(B)) is amended by inserting at the end the following:
                          ``(v) Publication of list of self-certified=20
                      persons.--The Attorney General shall develop and=20
                      make available a list of all persons who are=20
                      currently self-certified in accordance with this=20
                      section. This <<NOTE: Web posting.>>  =
list shall=20
                      be made publicly available on the website of the=20
                      Drug Enforcement Administration in an=20
                      electronically downloadable format.''.
SEC. 4. REQUIREMENT THAT DISTRIBUTORS OF LISTED CHEMICALS SELL=20
                    ONLY TO SELF-CERTIFIED REGULATED SELLERS AND=20
                    REGULATED PERSONS.

    Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a))=20
is amended--
            (1) in paragraph (13), by striking ``or'' after the=20
        semicolon;

[[Page 124 STAT. 2848]]

            (2) in paragraph (14), by striking the period and inserting=20
        ``; or'';
            (3) by inserting after paragraph (14) the following:
            ``(15) to distribute a scheduled listed chemical product to=20
        a regulated seller, or to a regulated person referred to in=20
        section 310(b)(3)(B), unless such regulated seller or regulated=20
        person is, at the time of such distribution, currently=20
        registered with the Drug Enforcement Administration, or on the=20
        list of persons referred to under section 310(e)(1)(B)(v).'';=20
        and
            (4) <<NOTE: Deadline.>> by inserting at the end =
the=20
        following: ``For purposes of paragraph (15), if the distributor=20
        is temporarily unable to access the list of persons referred to=20
        under section 310(e)(1)(B)(v), the distributor may rely on a=20
        written, faxed, or electronic copy of a certificate of self-
        certification submitted by the regulated seller or regulated=20
        person, provided the distributor confirms within 7 business days =

        of the distribution that such regulated seller or regulated=20
        person is on the list referred to under section=20
        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.=20
842(a)(10)) is amended by inserting before the semicolon the following:=20
``or negligently to fail to self-certify as required under section=20
310''.
SEC. 6. EFFECTIVE DATE AND REGULATIONS.

    (a) <<NOTE: 21 USC 830 note.>> Effective Date.--This Act =
and the=20
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=20
regulations authorized by section 2, the Attorney General may issue=20
regulations on an interim basis as necessary to ensure the=20
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=20
reference to the latest statement titled ``Budgetary Effects of PAYGO=20
Legislation'' for this Act, submitted for printing in the

[[Page 124 STAT. 2849]]

Congressional Record by the Chairman of the House Budget Committee,=20
provided that such statement has been submitted prior to the vote on=20
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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