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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

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

[[Page 124 STAT. 2849]]

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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