89–006 

111TH CONGRESS REPT. 111–615 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

COMBAT METHAMPHETAMINE ENHANCEMENT ACT OF 

2009 

SEPTEMBER 22, 2010.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. WAXMAN, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 2923] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 2923) to enhance the ability to combat methamphetamine, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for Legislation .................................................................... 2 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings and Recommendations ........................................ 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 3 

Statement of General Performance Goals and Objectives .................................... 3 

Constitutional Authority Statement ...................................................................... 4 

Earmarks and Tax and Tariff Benefits .................................................................. 4 

Federal Advisory Committee Statement ................................................................ 4 

Applicability of Law to Legislative Branch ........................................................... 4 

Federal Mandates Statement ................................................................................. 4 

Committee Cost Estimate ....................................................................................... 4 

Congressional Budget Office Cost Estimate .......................................................... 4 

Section-by-Section Analysis of the Legislation ...................................................... 6 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 

PURPOSE AND SUMMARY

H.R. 2923, the ‘‘Combat Methamphetamine Enhancement Act of 

2009’’, was introduced by Reps. Bart Gordon (D–TN) and James 


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1 National Institute on Drug Abuse, Drugs of Abuse Information (online at: http:// 

www.drugabuse.gov/DrugPages/Methamphetamine.html). 2 National Institute on Drug Abuse, ‘‘NIDA InfoFacts: Methamphetamine’’ (online at: http:// 

drugabuse.gov/infofacts/methamphetamine.html). 3 U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Office of Applied Studies, Results from the 2008 National Survey on Drug 

Use and Health: National Findings, September 2009. http://www.oas.samhsa.gov/nsduh/ 

2k8nsduh/2k8results.cfm#fig5-6 4P.L. No: 109–177. 

Sensenbrenner (R–WI) on June 17, 2009, and was referred to the 

Committee on Energy and Commerce. In addition, the bill was also 

referred to the House Committee on the Judiciary. 

The goal of H.R. 2923 is to increase the compliance of retailers 

and distributors of pseudoephedrine and ephedrine products (which 

are precursor chemicals for the production of methamphetamine) 

with the 2006 Combat Methamphetamine Epidemic Act. 

To achieve this goal, H.R. 2923 includes the following provisions: 

• Clarifies that all persons engaged in retail sales of 

pseudoephedrine or ephedrine products, including by mail order, 

must self-certify that they have trained their personnel and agree 

to comply with the Combat Methamphetamine Epidemic Act. 

• Requires distributors of these products to sell only to retailers 

who are registered with the Drug Enforcement Agency (DEA). 

• Requires the DEA to provide a downloadable database of all 

retailers which have filed self-certifications on their website so that 

distributors can check their customers against this database to ensure compliance. 

• Clarifies that a retailer which negligently fails to file self-certifications as required can face civil fines. 

BACKGROUND AND NEED FOR LEGISLATION

Methamphetamine is a highly addictive illegal drug with widespread use across the country, including among children as young 

as 12 years of age.1 According to the National Institute on Drug 

Abuse at the National Institutes of Health, chronic methamphetamine users often face severe structural and functional brain damage in addition to other health effects, including increased heart 

rate, extreme weight loss, severe dental problems, and violent behavior.2 According to a 2008 study of a National Survey on Drug 

Use and Health, the Department of Health and Human Services 

found that 314,000 people used methamphetamine in one 30-day 

period of the survey.3

Commonly used cold medications, such as Sudafed, contain ingredients known as pseudoephedrine or ephedrine that can be used to 

make methamphetamine. In 2006, Congress passed sweeping legislation, known as the ‘‘Combat Methamphetamine Epidemic Act’’, 

which required that the sale of cold medicines containing these ingredients occur only from behind the counter or from a locked cabinet.4 The 2006 legislation limits the daily and monthly amount any 

individual can purchase, requires individuals to present photo identification in order to purchase such medications, and requires 

stores to keep personal information about these customers for at 

least two years after the purchase of these medicines. 

In the years following the enactment of the 2006 law, DEA officials have found that thousands of retail establishments are not 


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5http://www.justice.gov/dea/pubs/cngrtest/ct091807.html 

complying with the law, and that no penalty exists to prevent distributors from selling the medications to these retailers.5

The production, use, and availability of methamphetamine is an 

ongoing issue across the United States. The 2006 law was an important step in regulating the sale of these precursor chemicals. By 

increasing DEA’s ability to enforce the 2006 law, H.R. 2923 will 

further help to address the methamphetamine epidemic by limiting 

the distribution and sale of products used to produce methamphetamine. 

COMMITTEE CONSIDERATION

H.R. 2923 was referred to the Subcommittee on Health on June 

18, 2009. The Subcommittee met in open markup session to consider H.R. 2923 on July 22, 2010. Following consideration, the Subcommittee forwarded H.R. 2923 favorably to the full Committee, 

without amendment, by a voice vote. 

On July 28, 2010, the full Committee met in open markup session to consider H.R. 2923. The Committee ordered H.R. 2923 favorably reported to the House, without amendment, by a voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list each record vote on the motion 

to report legislation and amendments thereto. A motion by Mr. 

Waxman ordering H.R. 2923 reported to the House, without 

amendment, was approved by a voice vote. There were no record 

votes taken during consideration of this bill. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1) 

of rule X of the Rules of the House of Representatives, the oversight findings and recommendations of the Committee are reflected 

in the descriptive portions of this report, including the finding that 

the Drug Enforcement Administration needs additional statutory 

tools to limit the distribution and sale of products used to produce 

methamphetamine. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

Regarding compliance with clause 3(c)(2) of rule XIII of the Rules 

of the House of Representatives, the Committee adopts as its own 

the analysis of H.R. 2923 prepared by the Director of the Congressional Budget Office. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the performance goals and objectives of 

the Committee are reflected in the descriptive portions of this report, including the goal to provide additional means for the Drug 

Enforcement Administration to limit the distribution and sale of 

products used to produce methamphetamine. 


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CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the constitutional authority for H.R. 2923 is provided under Article I, section 8, clauses 

3 and 18 of the Constitution of the United States. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 2923 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), 

or 9(f) of rule XXI of the Rules of the House of Representatives. 

FEDERAL ADVISORY COMMITTEE STATEMENT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., section 5(b) of the Federal Advisory 

Committee Act. 

APPLICABILITY OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to terms and conditions of employment or access to public 

services and accommodations. H.R. 2923 contains no such provisions. 

FEDERAL MANDATES STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act of 1974 (as amended by section 101(a)(2) of the Unfunded 

Mandates Reform Act, P.L. 104–4) requires a statement on whether 

the provisions of the report include unfunded mandates. In compliance with this requirement the Committee adopts as its own the 

estimates of federal mandates prepared by the Director of the Congressional Budget Office. 

COMMITTEE COST ESTIMATE

Pursuant to clause 3(d)(2) of rule XIII of the Rules of the House 

of Representatives, the Committee adopts as its own the cost estimate of H.R. 2923 prepared by the Director of the Congressional 

Budget Office pursuant to section 402 of the Congressional Budget 

Act of 1974. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

With respect to the requirements of clause 3(c)(3) of rule XIII of 

the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

following cost estimate for H.R. 2923 from the Director of Congressional Budget Office: 


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AUGUST 4, 2010. 

Hon. HENRY A. WAXMAN, 

Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2923, the Combat Methamphetamine Enhancement Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 2923—Combat Methamphetamine Enhancement Act of 2009 

H.R. 2923 would require retail businesses that sell certain pharmaceuticals through the mail to submit a self-certification document to the Drug Enforcement Administration (DEA). The bill also 

would prohibit distributors of certain pharmaceuticals from selling 

products to persons who have not registered or self-certified with 

DEA. Based on information from the DEA, CBO estimates that implementing the bill would have no significant cost to the federal 

government. 

Violators of the bill’s provisions would be subject to civil and 

criminal fines. Civil fines are recorded as revenues and deposited 

in the U.S. Treasury. Criminal fines are recorded as revenues, then 

deposited in the Crime Victims Fund, and later spent. Because, enacting H.R. 2923 could increase revenues and direct spending, payas-you-go procedures apply. However, CBO estimates that any net 

budget impact would not be significant in any year. 

H.R. 2923 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) and would not affect 

the budgets of state, local, or tribal governments. 

H.R. 2923 would impose private-sector mandates, as defined in 

UMRA, on distributors and retailers of certain pharmaceuticals. 

Distributors and retailers who sell such products by mail would be 

required to submit self-certification documents, including a statement acknowledging that they understand the law and will comply 

with the legal guidelines associated with the sale of those drugs. 

The bill also would prohibit anyone from supplying those products 

to a retailer unless the retailer has completed either the necessary 

self-certification or has otherwise registered with the DEA. Because 

the current self-certification list is available online and based on 

information from the DEA about compliance costs for that program, 

CBO estimates that the cost to the private sector would be small 

and well below the annual threshold established in UMRA ($141 

million for private-sector mandates in 2010, adjusted annually for 

inflation). 

On March 25, 2009, CBO transmitted a cost estimate for S. 256, 

the Combat Methamphetamine Enhancement Act of 2009, as ordered reported by the Senate Committee on the Judiciary on March 

5, 2009. The two pieces of legislation are identical, as are the cost 

estimates. 

The CBO staff contacts for this estimate are Mark Grabowicz (for 

federal costs) and Marin Randall (for the private-sector impact). 


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The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 designates the short title of the Act as the ‘‘Combat 

Methamphetamine Enhancement Act of 2009’’. 

Section 2. Requirement of self-certification by all regulated persons 

selling scheduled listed chemicals 

Section 2 amends the Controlled Substances Act to clarify that 

all regulated persons engaged in retail sales of ephedrine or 

pseudoephedrine products, including by mail order, must self-certify to the Attorney General that they have trained their personnel 

and agree to comply with requirements governing the sale of these 

products under the Controlled Substances Act. 

Section 3. Publication of self-certified regulated sellers and regulated persons lists 

Section 3 requires the Attorney General to develop and make 

available a list of all self-certified individuals and make such list 

publicly available on the website of the Drug Enforcement Administration. 

Section 4. Requirement that distributors of listed chemicals sell only 

to self-certified regulated sellers and regulated persons 

Section 4 prohibits distributors of listed chemical products from 

selling such products to individuals not currently registered with 

the Drug Enforcement Administration. 

Section 5. Negligent failure to self-certify as required 

Section 5 imposes civil penalties for the negligent failure to selfcertify as required by the Controlled Substances Act. 

Section 6. Effective date and regulations 

Section 6 establishes the effective date of the legislation as 180 

days after the date of enactment of the Combat Methamphetamine 

Enhancement Act of 2009. Section 6 also specifies that, in promulgating regulations authorized by section 2 of the Act, the Attorney 

General may issue interim regulations to ensure its implementation by the effective date. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

CONTROLLED SUBSTANCES ACT 

* * * * * * * 


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TITLE II—CONTROL AND ENFORCEMENT 

* * * * * * * 

PART C—REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND

DISPENSERS OF CONTROLLED SUBSTANCES; PIPERIDINE REPORTING

* * * * * * * 

REGULATION OF LISTED CHEMICALS AND CERTAIN MACHINES

SEC. 310. (a) * * * 

* * * * * * * 

(e) SCHEDULED LISTED CHEMICALS; BEHIND-THE-COUNTER ACCESS; LOGBOOK REQUIREMENT; TRAINING OF SALES PERSONNEL; 

PRIVACY PROTECTIONS.— 

(1) REQUIREMENTS REGARDING RETAIL TRANSACTIONS.— 

(A) * * * 

(B) ADDITIONAL PROVISIONS REGARDING CERTIFICATIONS

AND TRAINING.— 

(i) * * * 

* * * * * * * 

(v) PUBLICATION OF LIST OF SELF-CERTIFIED PERSONS.—The Attorney General shall develop and make 

available a list of all persons who are currently selfcertified 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. 

* * * * * * * 

(2) MAIL-ORDER REPORTING; VERIFICATION OF IDENTITY OF

PURCHASER; 30-DAY RESTRICTION ON QUANTITIES FOR INDI- VIDUAL PURCHASERS.—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 is subject to the following: 

(A) * * * 

* * * * * * * 

(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). 

* * * * * * * 


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PART D—OFFENSES AND PENALTIES

* * * * * * * 

PROHIBITED ACTS B—PENALTIES

SEC. 402. (a) It shall be unlawful for any person— 

(1) * * * 

* * * * * * * 

(13) who is a regulated seller to knowingly or recklessly sell 

at retail a scheduled listed chemical product in violation of 

subsection (e) of such section; øor¿ 

(14) who is a regulated seller or an employee or agent of 

such seller to disclose, in violation of regulations under subparagraph (C) of section 310(e)(1), information in logbooks 

under subparagraph (A)(iii) of such section, or to refuse to provide such a logbook to Federal, State, or local law enforcement 

authoritiesø.¿; or 

(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). 

As used in paragraph (11), the term ‘‘laboratory supply’’ means a 

listed chemical or any chemical, substance, or item on a special 

surveillance list published by the Attorney General, which contains 

chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals. For purposes of 

paragraph (11), there is a rebuttable presumption of reckless disregard at trial if the Attorney General notifies a firm in writing 

that a laboratory supply sold by the firm, or any other person or 

firm, has been used by a customer of the notified firm, or distributed further by that customer, for the unlawful production of controlled substances or listed chemicals a firm distributes and 2 

weeks or more after the notification the notified firm distributes a 

laboratory supply to the customer. 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). 

* * * * * * * 

Æ 


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