II 

Calendar No. 38 

111TH CONGRESS 

1ST SESSION S. 256 

To enhance the ability to combat methamphetamine. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 15, 2009 

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. JOHNSON, Ms. CANTWELL, Mr. NELSON of Nebraska, Mr. PRYOR, 

and Mrs. MURRAY) introduced the following bill; which was read twice 

and referred to the Committee on the Judiciary 

MARCH 23, 2009 

Reported by Mr. LEAHY, without amendment 

A BILL 

To enhance the ability to combat methamphetamine. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Combat Methamphet5 amine Enhancement Act of 2009’’. 


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1 SEC. 2. REQUIREMENT OF SELF-CERTIFICATION BY ALL 

2 REGULATED PERSONS SELLING SCHEDULED 

3 LISTED CHEMICALS. 

4 Section 310(e)(2) of the Controlled Substances Act 

5 (21 U.S.C. 830(e)(2)) is amended by inserting at the end 

6 the following: 

7 ‘‘(C) Each regulated person who makes a 

8 sale at retail of a scheduled listed chemical 

9 product and is required under subsection (b)(3) 

10 to submit a report of the sales transaction to 

11 the Attorney General may not sell any sched12 uled listed chemical product at retail unless 

13 such regulated person has submitted to the At14 torney General a self-certification including a 

15 statement that the seller understands each of 

16 the requirements that apply under this para17 graph and under subsection (d) and agrees to 

18 comply with the requirements. The Attorney 

19 General shall by regulation establish criteria for 

20 certifications of mail-order distributors that are 

21 consistent with the criteria established for the 

22 certifications of regulated sellers under para23 graph (1)(B).’’. 


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1 SEC. 3. PUBLICATION OF SELF-CERTIFIED REGULATED 

2 SELLERS AND REGULATED PERSONS LISTS. 

3 Section 310(e)(1)(B) of the Controlled Substances 

4 Act (21 U.S.C. 830(e)(1)(B)) is amended by inserting at 

5 the end the following: 

6 ‘‘(v) PUBLICATION OF LIST OF SELF7 CERTIFIED PERSONS.—The Attorney Gen8 eral shall develop and make available a list 

9 of all persons who are currently self-cer10 tified in accordance with this section. This 

11 list shall be made publicly available on the 

12 website of the Drug Enforcement Adminis13 tration in an electronically downloadable 

14 format.’’. 

15 SEC. 4. REQUIREMENT THAT DISTRIBUTORS OF LISTED 

16 CHEMICALS SELL ONLY TO SELF-CERTIFIED 

17 REGULATED SELLERS AND REGULATED PER18 SONS. 

19 Section 402(a) of the Controlled Substances Act (21 

20 U.S.C. 842(a)) is amended— 

21 (1) in paragraph (13), by striking ‘‘or’’ after 

22 the semicolon; 

23 (2) in paragraph (14), by striking the period 

24 and inserting ‘‘; or’’; 

25 (3) by inserting after paragraph (14) the fol26 lowing: 


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1 ‘‘(15) to distribute a scheduled listed chemical 

2 product to a regulated seller, or to a regulated per3 son referred to in section 310(b)(3)(B), unless such 

4 regulated seller or regulated person is, at the time 

5 of such distribution, currently registered with the 

6 Drug Enforcement Administration, or on the list of 

7 persons referred to under section 310(e)(1)(B)(v).’’; 

8 and 

9 (4) inserting at the end the following: ‘‘For 

10 purposes of paragraph (15), if the distributor is 

11 temporarily unable to access the list of persons re12 ferred to under section 310(e)(1)(B)(v), the dis13 tributor may rely on a written, faxed, or electronic 

14 copy of a certificate of self-certification submitted by 

15 the regulated seller or regulated person, provided the 

16 distributor confirms within 7 business days of the 

17 distribution that such regulated seller or regulated 

18 person is on the list referred to under section 

19 310(e)(1)(B)(v).’’. 

20 SEC. 5. NEGLIGENT FAILURE TO SELF-CERTIFY AS RE21 QUIRED. 

22 Section 402(a) of the Controlled Substances Act (21 

23 U.S.C. 842(a)(10)) is amended by inserting before the 

24 semicolon the following: ‘‘or negligently to fail to self-cer25 tify as required under section 310 (21 U.S.C. 830)’’. 


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1 SEC. 6. EFFECTIVE DATE AND REGULATIONS. 

2 (a) EFFECTIVE DATE.—This Act and the amend3 ments made by this Act shall take effect 180 days after 

4 the date of enactment of this Act. 

5 (b) REGULATIONS.—In promulgating the regulations 

6 authorized by section 2, the Attorney General may issue 

7 regulations on an interim basis as necessary to ensure the 

8 implementation of this Act by the effective date. 


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Calendar No. 38 

111TH CONGRESS 

1ST SESSION S. 256 

A BILL 

To enhance the ability to combat 

methamphetamine. 

MARCH 23, 2009 

Reported without amendment 


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