Combat Methamphetamine Enhancement Act of 2008

Combat Methamphetamine Enhancement Act of 2008 - Amends the Controlled Substances Act to require all regulated retail sellers of certain listed chemical products used to make methamphetamine to submit self-certifications of compliance with the requirements of such Act to the Attorney General.

Requires the Attorney General to develop a list of all self-certified individuals and make it publicly available on the website of the Drug Enforcement Administration (DEA).

Prohibits distributors of listed chemical products from selling such products to individuals not currently registered with the DEA.

Impose civil penalties for negligent failure to self-certify as required by this Act.

[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5619 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5619

           To enhance the ability to combat methamphetamine.


_______________________________________________________________________


                    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.

    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 ``Combat Methamphetamine Enhancement 
Act of 2008''.

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) 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).''.

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 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;
            (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) 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) 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)''.

SEC. 6. EFFECTIVE DATE AND REGULATIONS.

    (a) 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) 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.
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