S612 CONGRESSIONAL RECORD — SENATE January 15, 2009 

under section 501(c)(3) of the Internal Revenue Code of 1986.’’. 

(b) CONFORMING AMENDMENT.—Section 

7362(a), as amended by section 602(a)(1) of 

this Act, is further amended by striking the 

last sentence. 

SEC. 605. REDESIGNATION OF SECTION 7364A OF 

TITLE 38, UNITED STATES CODE. 

(a) REDESIGNATION.—Section 7364A is redesignated as section 7365. 

(b) CLERICAL AMENDMENTS.—The table of 

sections at the beginning of chapter 73 is 

amended— 

(1) by striking the item relating to section 

7364A; and 

(2) by striking the item relating to section 

7365 and inserting the following new item: 

‘‘7365. Coverage of employees under certain 

Federal tort claims laws.’’. 

SEC. 606. IMPROVED ACCOUNTABILITY AND 

OVERSIGHT OF CORPORATIONS. 

(a) ADDITIONAL INFORMATION IN ANNUAL REPORTS.—Subsection (b) of section 7366 is 

amended to read as follows: 

‘‘(b)(1) Each corporation shall submit to 

the Secretary each year a report providing a 

detailed statement of the operations, activities, and accomplishments of the corporation 

during that year. 

‘‘(2)(A) A corporation with revenues in excess of $300,000 for any year shall obtain an 

audit of the corporation for that year. 

‘‘(B) A corporation with annual revenues 

between $10,000 and $300,000 shall obtain an 

audit of the corporation at least once every 

three years. 

‘‘(C) Any audit under this paragraph shall 

be performed by an independent auditor. 

‘‘(3) The corporation shall include in each 

report to the Secretary under paragraph (1) 

the following: 

‘‘(A) The most recent audit of the corporation under paragraph (2). 

‘‘(B) The most recent Internal Revenue 

Service Form 990 ‘Return of Organization 

Exempt from Income Tax’ or equivalent and 

the applicable schedules under such form.’’. 

(b) CONFIRMATION OF APPLICATION OF CONFLICT OF INTEREST REGULATIONS TO APPROPRIATE CORPORATION POSITIONS.—Subsection 

(c) of such section is amended— 

(1) by striking ‘‘laws and’’ each place it appears; 

(2) in paragraph (1)— 

(A) by inserting ‘‘each officer and’’ after 

‘‘under this subchapter,’’; and 

(B) by striking ‘‘, and each employee of the 

Department’’ and all that follows through 

‘‘during any year’’; and 

(3) in paragraph (2)— 

(A) by inserting ‘‘, officer,’’ after 

‘‘verifying that each director’’; and 

(B) by striking ‘‘in the same manner’’ and 

all that follows before the period at the end. 

(c) ESTABLISHMENT OF APPROPRIATE PAYEE

REPORTING THRESHOLD.—Subsection (d)(3)(C) 

of such section is amended by striking 

‘‘$35,000’’ and inserting ‘‘$50,000’’. 

TITLE VII—MISCELLANEOUS PROVISIONS 

SEC. 701. EXPANSION OF AUTHORITY FOR DEPARTMENT OF VETERANS AFFAIRS 

POLICE OFFICERS. 

Section 902 is amended— 

(1) in subsection (a)— 

(A) by amending paragraph (1) to read as 

follows: 

‘‘(1) Employees of the Department who are 

Department police officers shall, with respect to acts occurring on Department property— 

‘‘(A) enforce Federal laws; 

‘‘(B) enforce the rules prescribed under section 901 of this title; 

‘‘(C) enforce traffic and motor vehicle laws 

of a State or local government (by issuance 

of a citation for violation of such laws) within the jurisdiction of which such Department 

property is located as authorized by an express grant of authority under applicable 

State or local law; 

‘‘(D) carry the appropriate Departmentissued weapons, including firearms, while off 

Department property in an official capacity 

or while in an official travel status; 

‘‘(E) conduct investigations, on and off Department property, of offenses that may 

have been committed on property under the 

original jurisdiction of Department, consistent with agreements or other consultation with affected local, State, or Federal 

law enforcement agencies; and 

‘‘(F) carry out, as needed and appropriate, 

the duties described in subparagraphs (A) 

through (E) of this paragraph when engaged 

in duties authorized by other Federal statutes.’’; 

(B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and 

(C) in paragraph (2), as redesignated by 

subparagraph (B) of this paragraph, by inserting ‘‘, and on any arrest warrant issued 

by competent judicial authority’’ before the 

period; and 

(2) by amending subsection (c) to read as 

follows: 

‘‘(c) The powers granted to Department police officers designated under this section 

shall be exercised in accordance with guidelines approved by the Secretary and the Attorney General.’’. 

SEC. 702. UNIFORM ALLOWANCE FOR DEPARTMENT OF VETERANS AFFAIRS POLICE OFFICERS. 

Section 903 is amended— 

(1) by amending subsection (b) to read as 

follows: 

‘‘(b)(1) The amount of the allowance that 

the Secretary may pay under this section is 

the lesser of— 

‘‘(A) the amount currently allowed as prescribed by the Office of Personnel Management; or 

‘‘(B) estimated costs or actual costs as determined by periodic surveys conducted by 

the Department. 

‘‘(2) During any fiscal year no officer shall 

receive more for the purchase of a uniform 

described in subsection (a) than the amount 

established under this subsection.’’; and 

(2) by striking subsection (c) and inserting 

the following new subsection (c): 

‘‘(c) The allowance established under subsection (b) shall be paid at the beginning of 

a Department police officer’s employment 

for those appointed on or after October 1, 

2008. In the case of any other Department police officer, an allowance in the amount established under subsection (b) shall be paid 

upon the request of the officer.’’. 

By Mrs. LINCOLN (for herself, 

Ms. SNOWE, and Mr. ISAKSON): 

S. 254. A bill to amend title XVIII of 

the Social Security Act to provide for 

the coverage of home infusion therapy 

under the Medicare Program; to the 

Committee on Finance. 

Ms. SNOWE. Mr. President, today I 

am pleased to join my colleague, Senator LINCOLN of Arkansas, to introduce 

the Medicare Home Infusion Coverage 

Act. As we do so, we recognize that 

Medicare has serious fiscal challenges. 

Currently, the Part A, Hospital, Trust 

Fund faces insolvency in 2019, when expenditures will exceed projected contributions and require additional taxpayer support to maintain the care required by our seniors and so many disabled Americans. At the same time, 

today Medicare beneficiaries struggle 

under the burden of paying nearly half 

of their health care costs. So the legislation we are re-introducing is vital to 

addressing the fiscal issues affecting 

Medicare. 

Many serious conditions—including 

some cancers and drug-resistant infections—require the use of infusion therapy. Such treatment involves the administration of medication directly 

into the bloodstream via a needle or 

catheter. Specialized equipment, supplies, and professional services—such 

as sterile drug compounding, care coordination, and patient education and 

monitoring—are components of such 

therapy. Infusion treatment is an extensive medical treatment often lasting for several hours per day over a 6- 

to-8 week period. 

The unfortunate fact is that under 

current Medicare rules, patients requiring infusion therapy must either 

bear that cost themselves or endure 

costly and unnecessary hospitalization 

in order to receive coverage—raising 

costs for both beneficiaries and Medicare alike. Current Medicare regulations authorize payment for infusion 

drugs, but do not pay for the services, 

equipment, and supplies necessary to 

safely provide infusion therapy in the 

home. Not surprisingly, even though 

home infusion therapy may cost as little as $100 a day, too few seniors can 

bear that cost. 

The result is that patients are excessively hospitalized, producing costs of 

treatment as much as 10–20 times higher than treatment in the home. The 

process may even place the patient’s 

health in jeopardy because unnecessary 

hospitalization places individuals at 

risk of exposure to a health care-acquired infection—which may be drug 

resistant and life-threatening. 

Private health plans have long understood that home infusion therapy is 

not only less costly, but safer as well. 

Thus, private insurance coverage for 

home infusion therapy is common. Private plans also recognize that patients 

benefit from avoiding hospitalization. 

At home they have a familiar, comfortable environment with their family 

conveniently at hand—no small concerns when fighting a serious illness. 

It is clear we must change the status 

quo, and achieve safer, more cost-effective treatment. By extending coverage 

of infusion therapy to the home, we 

will correct this inappropriate and unnecessary gap in Medicare coverage 

and take a significant step in reducing 

Medicare costs. This legislation offers 

an alternative to allowing our Medicare beneficiaries to be overcome with 

health care costs that are rising faster 

than inflation by reforming care delivery to emphasize high quality, lower 

cost services. 

I hope my colleagues will join us in 

support of this legislation so we may 

further the goals of improving patient 

safety and reducing our escalating 

health care costs. 

Mr. President, I ask unanimous consent that the text of the bill to be 

printed in the RECORD. 


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January 15, 2009 CONGRESSIONAL RECORD — SENATE S613 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 254 

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 ‘‘Medicare 

Home Infusion Therapy Coverage Act of 

2009’’. 

SEC. 2. MEDICARE COVERAGE OF HOME INFUSION THERAPY. 

(a) IN GENERAL.—Section 1861 of the Social 

Security Act (42 U.S.C. 1395x), as amended by 

section 152(b) of the Medicare Improvements 

for Patients and Providers Act of 2008 (Public Law 110–275), is amended— 

(1) in subsection (s)(2)— 

(A) by striking ‘‘and’’ at the end of subparagraph (DD); 

(B) by adding ‘‘and’’ at the end of subparagraph (EE); and 

(C) by adding at the end the following new 

subparagraph: 

‘‘(FF) home infusion therapy (as defined in 

subsection (hhh)(1));’’; and 

(2) by adding at the end the following new 

subsection: 

‘‘Home Infusion Therapy 

‘‘(hhh)(1) The term ‘home infusion therapy’ 

means the following items and services furnished to an individual, who is under the 

care of a physician, which are provided by a 

qualified home infusion therapy provider 

under a plan (for furnishing such items and 

services to such individual) established and 

periodically reviewed by a physician, which 

items and services are provided in an integrated manner in the individual’s home in 

conformance with uniform standards of care 

established by the Secretary (after taking 

into account the standards commonly used 

for home infusion therapy by Medicare Advantage plans and in the private sector and 

after consultation with all interested stakeholders) and in coordination with the provision of covered infusion drugs under part D: 

‘‘(A) Professional services other than nursing services provided in accordance with the 

plan (including administrative, 

compounding, dispensing, distribution, clinical monitoring and care coordination services) and all necessary supplies and equipment (including medical supplies such as 

sterile tubing and infusion pumps, and other 

items and services the Secretary determines 

appropriate) to administer infusion drug 

therapies to an individual safely and effectively in the home. 

‘‘(B) Nursing services provided in accordance with the plan, directly by a qualified 

home infusion therapy provider or under arrangements with an accredited homecare organization, in connection with such infusion, 

except that such term does not include nursing services to the extent they are covered as 

home health services. 

‘‘(2) For purposes of paragraph (1): 

‘‘(A) The term ‘home’ means a place of residence used as an individual’s home and includes such other alternate settings as the 

Secretary determines. 

‘‘(B) The term ‘qualified home infusion 

therapy provider’ means any pharmacy, physician, or other provider licensed by the 

State in which the pharmacy, physician, or 

provider resides or provides services, whose 

State authorized scope of practice includes 

dispensing authority and that— 

‘‘(i) has expertise in the preparation of parenteral medications in compliance with enforceable standards of the U.S. Pharmacopoeia and other nationally recognized 

standards that regulate preparation of parenteral medications as determined by the 

Secretary and meets such standards; 

‘‘(ii) provides infusion therapy to patients 

with acute or chronic conditions requiring 

parenteral administration of drugs and 

biologicals administered through catheters 

or needles, or both, in a home; and 

‘‘(iii) meets such other uniform requirements as the Secretary determines are necessary to ensure the safe and effective provision and administration of home infusion 

therapy on a 7 day a week, 24 hour basis 

(taking into account the standards of care 

for home infusion therapy established by 

Medicare Advantage plans and in the private 

sector), and the efficient administration of 

the home infusion therapy benefit. 

A qualified home infusion therapy provider 

may subcontract with a pharmacy, physician, provider, or supplier to meet the requirements of this subsection.’’. 

(b) PAYMENT FOR HOME INFUSION THERAPY.—Section 1834 of the Social Security Act 

(42 U.S.C. 1395m) is amended by adding at the 

end the following new subsection: 

‘‘(n) PAYMENT FOR HOME INFUSION THERAPY.—The payment amount under this part 

for home infusion therapy is determined as 

follows: 

‘‘(1) IN GENERAL.—The Secretary shall determine a per diem schedule for payment for 

the professional services, supplies, and 

equipment described in section 

1861(hhh)(1)(A) that reflects the reasonable 

costs which must be incurred by efficiently 

and economically operated qualified home 

infusion therapy providers to provide such 

services, supplies, and equipment in conformity with applicable State and Federal 

laws, regulations, and the uniform quality 

and safety standards developed under section 

1861(hhh)(1) and to assure that Medicare 

beneficiaries have reasonable access to such 

therapy. The Secretary shall update such 

schedule from year to year by the percentage 

increase in the consumer price index for all 

urban consumers (United States city average) for the 12-month period ending with 

June of the preceding year. 

‘‘(2) NURSING SERVICES.—The Secretary 

shall develop a methodology for the separate 

payment for nursing services described in 

section 1861(hhh)(1)(B) provided in accordance with the plan under such section which 

reflects the reasonable costs incurred in the 

provision of nursing services in connection 

with infusion therapy in conformity with 

State and Federal laws, regulations, and the 

uniform quality and safety standards developed pursuant to this Act and to assure that 

Medicare beneficiaries have reasonable access to nursing services for infusion therapy. 

The Secretary shall update such schedule 

from year to year by the percentage increase 

in the consumer price index for all urban 

consumers (United States city average) for 

the 12-month period ending with June of the 

preceding year.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) PAYMENT REFERENCE.—Section 1833(a)(1) 

of the Social Security Act (42 U.S.C. 

13951(a)(1)), as amended by section 101(a)(2) of 

the Medicare Improvements for Patients and 

Providers Act of 2008 (Public Law 110–275), is 

amended— 

(A) by striking ‘‘and’’ before ‘‘(W)’’; and 

(B) by inserting before the semicolon at 

the end the following: ‘‘, and (X) with respect 

to home infusion therapy, the amounts paid 

shall be determined under section 1834(n)’’. 

(2) DIRECT PAYMENT.—The first sentence of 

section 1842(b)(6) of such Act (42 U.S.C. 

1395u(b)(6)) is amended— 

(A) by striking ‘‘and’’ before ‘‘(H)’’; and 

(B) by inserting before the period at the 

end the following: ‘‘, and (I) in the case of 

home infusion therapy, payment shall be 

made to the qualified home infusion therapy 

provider’’. 

(3) EXCLUSION FROM DURABLE MEDICAL

EQUIPMENT AND HOME HEALTH SERVICES.—Section 1861 of such Act (42 U.S.C. 1395x) is 

amended— 

(A) in subsection (m)(5), by inserting ‘‘and 

supplies used in the provision of home infusion therapy’’ after ‘‘excluding other drugs 

and biologicals’’; and 

(B) in subsection (n), by adding at the end 

the following: ‘‘Such term does not include 

home infusion therapy, other than equipment and supplies used in the provision of 

insulin.’’. 

(4) APPLICATION OF ACCREDITATION PROVISIONS.—The provisions of section 1865(b) of 

the Social Security Act (42 U.S.C. 1395bb(b)) 

apply to the accreditation of qualified home 

infusion therapy providers in the manner 

they apply to other suppliers. 

SEC. 3. MEDICARE COVERAGE OF HOME INFUSION DRUGS. 

(a) IN GENERAL.—Section 1860D–2(e)(1) of 

the Social Security Act (42 U.S.C. 1395w– 

102(e)(1)), as amended by section 182 of the 

Medicare Improvements for Patients and 

Providers Act of 2008 (Public Law 110–275), is 

amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘or’’ at the end of subparagraph (A); 

(B) by striking the comma at the end of 

subparagraph (B) and inserting ‘‘; or’’; and 

(C) by inserting before the flush matter following subparagraph (B) the following new 

subparagraph: 

‘‘(C) an infusion drug (as defined in paragraph (5)),’’; and 

(2) by adding at the end the following new 

paragraph: 

‘‘(5) INFUSION DRUG DEFINED.—For purposes 

of this part, the term ‘infusion drug’ means 

a parenteral drug or biological administered 

via an intravenous, intraspinal, intra-arterial, intrathecal, epidural, subcutaneous, or 

intramuscular access device inserted into 

the body, and includes a drug used for catheter maintenance and declotting, a drug contained in a device, vitamins, intravenous solutions, diluents and minerals, and other 

components used in the provision of home infusion therapy.’’. 

(b) INFUSION DRUG FORMULARIES.—For the 

first 2 years after the effective date of this 

Act, notwithstanding any other provision of 

law, prescription drug plans and MA–PD 

plans under title XVIII of the Social Security Act shall maintain open formularies for 

infusion drugs (as defined in section 1860D– 

2(e)(5) of such Act, as added by subsection 

(a)). The Secretary of Health and Human 

Services shall request the United States 

Pharmacopeia to develop, in consultation 

with representatives of qualified home infusion therapy providers and other interested 

stakeholders, a model formulary approach 

for home infusion drugs for use by such plans 

after such 2-year period. 

(c) PART D DISPENSING FEES.—Section 

1860D–2(d)(1)(B) of the Social Security Act (42 

U.S.C. 1395w–102(d)(1)(B)) is amended by inserting after ‘‘any dispensing fees for such 

drugs’’ the following: ‘‘, other than for an infusion drug’’. 

SEC. 4. ENSURING BENEFICIARY ACCESS TO 

HOME INFUSION THERAPY. 

(a) OBJECTIVES IN IMPLEMENTATION.—The 

Secretary of Health and Human Services 

shall implement the Medicare home infusion 

therapy benefit under the amendments made 

by this Act in a manner that ensures that 

Medicare beneficiaries have timely and appropriate access to infusion therapy in their 

homes and that there is rapid and seamless 

coordination between drug coverage under 

part D of title XVIII of the Social Security 

Act and coverage for home infusion therapy 

services under part B of such title. Specifically, the Secretary shall ensure that— 


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(1) the benefit is practical and workable 

with minimal administrative burden for 

beneficiaries, qualified home infusion therapy providers, physicians, prescription drug 

plans, MA–PD plans, and Medicare Advantage plans, and the Secretary shall consider 

the use of consolidated claims encompassing 

covered part D drugs and part B services, 

supplies, and equipment under such part B to 

ensure the efficient operation of this benefit; 

(2) any prior authorization or utilization 

review process is expeditious, allowing Medicare beneficiaries meaningful access to home 

infusion therapy; 

(3) medical necessity determinations for 

home infusion therapy will be made— 

(A) except as provided in subparagraph (B), 

by medicare administrative contractors 

under such part B and communicated to the 

appropriate prescription drug plans; or 

(B) in the case of an individual enrolled in 

a Medicare Advantage plan, by the Medicare 

Advantage organization offering the plan; 

and an individual may be initially qualified 

for coverage for such benefit for a 90-day period and subsequent 90-day periods thereafter; 

(4) the benefit is modeled on current private sector coverage and coding for home infusion therapy; and 

(5) prescription drug plans and MA–PD 

plans structure their formularies, utilization 

review protocols, and policies in a manner 

that ensures that Medicare beneficiaries 

have timely and appropriate access to infusion therapy in their homes. 

(b) HOME INFUSION THERAPY ADVISORY

PANEL.—In implementing such home infusion therapy benefit and meeting the objectives specified in subsection (a), the Secretary shall establish an advisory panel to 

provide advice and recommendations. Such 

panel shall— 

(1) be comprised primarily of qualified 

home infusion therapy providers and their 

representative organizations; 

(2) also include representatives of the following: 

(1) Patient organizations. 

(2) Hospital discharge planners, care coordinators, or social workers. 

(3) Prescription drug plan sponsors and 

Medicare Advantage organizations. 

(c) REPORT.—Not later than January 1, 

2012, and every 2 years thereafter, the Comptroller General of the United States shall 

submit a report to Congress on Medicare 

beneficiary access to home infusion therapy. 

Each such report shall specifically address 

whether the objectives specified in subsection (a) have been met and shall make 

recommendations to Congress and the Secretary on how to improve the benefit and 

better ensure that Medicare beneficiaries 

have timely and appropriate access to infusion therapy in their homes. 

SEC. 5. EFFECTIVE DATE. 

The amendments made by this Act shall 

apply to home infusion therapy furnished on 

or after January 1, 2010. 

By Mrs. FEINSTEIN (for herself, 

Mr. KYL, Mr. REID, Mr. DURBIN, 

Mr. MCCONNELL, Mr. BINGAMAN, 

Mr. ENSIGN, Mr. SCHUMER, Mr. 

INHOFE, Mrs. MCCASKILL, Mr. 

KERRY, Mr. BAYH, Mr. ALEXANDER, Mr. GRASSLEY, Mr. NELSON of Florida, Mr. JOHNSON, 

and Ms. CANTWELL): 

S. 256. A bill to enhance the ability 

to combat methamphetamine; to the 

Committee on the Judiciary. 

Mrs. FEINSTEIN. Mr. President, I 

am pleased to introduce, along with 

Senators KYL, REID, DURBIN, MCCONNELL, BINGAMAN, ENSIGN, SCHUMER, 

INHOFE, MCCASKILL, KERRY, BAYH, ALEXANDER, GRASSLEY, NELSON of Florida, JOHNSON, and CANTWELL the Combat Methamphetamine Enhancement 

Act of 2009. 

This Act is designed to address problems that the Drug Enforcement Administration, DEA, has identified in 

the implementation of the Combat 

Methamphetamine Epidemic Act of 

2005. I was pleased to join former Senator Talent in drafting, introducing, 

and securing the passage of the original bill. I am pleased to introduce this 

legislation today to ensure that it operates as Congress intended. 

The bill that I introduce today would 

clarify that all retailers, including 

mail order retailers, who sell products 

that contain chemicals often used to 

make methamphetamine—like ephedrine, pseudoepedrine and phenylpropanolamine—must self-certify that 

they have trained their personnel and 

will comply with the Combat Meth 

Act’s requirements; require distributors to sell these products only to retailers who have certified that they 

will comply with the law; require the 

DEA to publish the list of all retailers 

who have filed self-certifications, on 

the DEA’s website; and clarify that any 

retailer who negligently fails to file 

self-certification as required, may be 

subject to civil fines and penalties. 

The Combat Methamphetamine Epidemic Act that we passed in 2006 has 

been a resounding success. The number 

of methamphetamine labs in the 

United States has declined dramatically now that the ingredients used to 

make methamphetamine are harder to 

get. 

The Combat Meth Act that became 

effective in September 2006 included 

important new provisions for retailer 

self-certification, employee training, 

requiring products to be placed behind 

counters, packaging requirements, required sales logbooks, and limits on 

the amounts that a person can purchase in a given day and over a 30-day 

period. 

Now, because of that law’s implementation, the number of methamphetamine labs decreased from about 12,000 

labs to about 7,300 labs a 41 percent decrease in just 1 year. Once the bill was 

enacted into law, the number of meth 

‘‘super labs’’ in my home State of California declined from 30 in 2005 to only 

17 in 2006. 

Fewer meth labs means more than 

just less illegal drug production. According to the Fresno Bee, the DEA has 

noted that in 2003, 3,663 children were 

reported exposed to toxic meth labs nationwide but that number had been reduced to 319 in 2006. 

So things are moving in the right direction, and that is good news. But 

with more thousands of methamphetamine labs still operating in the U.S., 

and children still being exposed to 

their toxins, it is also clear that there 

is still work to be done. 

After the Combat Meth Act became 

law, DEA examined how the retailer 

self-certification process was working. 

On May 16, 2007, DEA sent letters to 

the 1,600 distributors who they believed 

were selling products that contained 

ephedrine or pseudoephedrine, asking 

them to turn over lists of the retail 

stores that they sell to, so that DEA 

could check to see how many of those 

retailers had self-certified as that law 

requires. 

Rather than actively assisting the 

DEA in its efforts, about 3⁄4 of the distributors failed or declined to provide 

any information about the retail 

stores. 

The distributors who did cooperate 

provided DEA with the names of 12,375 

retail customers. When DEA checked 

those out, it found that about 8,300 of 

those retail stores had never self-certified as the law requires. 

Based on these findings, the DEA estimates that nationwide, as many as 

30,000 additional retail sellers of products are not complying with the law. 

In short, retailers’ non-compliance 

with the self-certification requirement 

appears to be widespread, and undercuts the effectiveness of the Combat 

Meth Act. 

Unfortunately, there is no effective 

way for law enforcement to determine 

the universe of who is, and who is not, 

obeying the law. Currently, there is no 

requirement that retailers notify the 

DEA before they start selling products 

with these listed chemicals. 

Retailers can likely avoid negative 

consequences if they are ever confronted with their failure to self-certify. Currently, the law imposes sanctions only for willful and reckless refusals to self-certify. There is no punishment available if a retailer negligently fails to self-certify as required. 

Not even civil sanctions are available. 

In short, without distributors restricting the supply of these products 

to retailers who have self-certified, retailers may simply take their chances, 

rather than self-certifying as the law 

intended, figuring that they’ll never 

get caught, or if they do get caught, 

that they will never be punished. 

It is unacceptable that, over two 

years after the Combat Meth Act imposed this requirement and became 

fully effective, tens of thousands of retailers still are not following the law. 

It is unacceptable that distributors of 

these products can continue to profit 

off of their sales to retailers who are 

not complying, or are even refusing to 

comply with the law. 

So this bill is designed to make the 

Combat Meth Act more effective, by 

putting in place a process that will ensure that every retailer who orders 

these products that can be used to 

make methamphetamine must comply 

with the law before they can get and 

resell the products. 

First, it will require that all retail 

sellers of products with these listed 

chemicals must file self-certifications, 

closing a loophole that now exists for 

mail-order retailers. 

Second, the DEA will be required to 

post all self-certified retailers on its 


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