I
110th CONGRESS
2d Session
H. R. 5619
IN THE HOUSE OF REPRESENTATIVES
March 13, 2008
Mr. Boucher (for himself and Mr. Smith of Texas) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To enhance the ability to combat methamphetamine.
Short title
This Act may be cited as the
Combat Methamphetamine Enhancement Act
of 2008
.
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:
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).
.
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:
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 list shall be made publicly available on the website of the Drug Enforcement Administration in an electronically downloadable format.
.
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—
in paragraph (13), by striking
or
after the semicolon;
in paragraph (14), by striking the period
and inserting ; or
;
by inserting after paragraph (14) the following:
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
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).
.
Negligent failure to self-certify as required
Section 402(a) 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 (21 U.S.C. 830)
.
Effective date and regulations
Effective date
This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.
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.