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B-332754 1 (2020-12-01)

handle is hein.gao/gaobaecgm0001 and id is 1 raw text is: c)PAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-332754 December 1, 2020 The Honorable Lindsey Graham Chairman The Honorable Dianne Feinstein Ranking Member Committee on the Judiciary United States Senate The Honorable Jerrold Nadler Chairman The Honorable Jim Jordan Ranking Member Committee on the Judiciary House of Representatives Subject: Department of Justice, Drug Enforcement Administration: Implementation of the Combat Methamphetamine Epidemic Act of 2005; Retail Sales; Notice of Transfers Following Importation or Exportation Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Justice, Drug Enforcement Administration (DEA) entitled Implementation of the Combat Methamphetamine Epidemic Act of 2005; Retail Sales; Notice of Transfers Following Importation or Exportation (RINs: 1117-AB05; 1117-AB06). We received the rule on November 23, 2020. It was published in the Federal Register as a final rule on October 29, 2020. 85 Fed. Reg. 68450. It has an effective date of December 28, 2020. According to DEA, the final rule adopts, with one technical change, an interim final rule issued in September 2006, and adopts, without change, an interim final rule issued in April 2007. DEA stated it promulgated the September 2006 interim final rule to implement the retail sales provisions of the Combat Methamphetamine Epidemic Act of 2005, Pub. L. No. 109-177, title VII, 120 Stat. 192, 256 (Mar. 9, 2006) (CMEA). DEA further stated it promulgated the April 2007 interim final rule to implement section 716 of CMEA, which required additional reporting for import, export, and international transactions involving all list I and list II chemicals. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived, however, if the agency finds for good cause that the delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. 5 U.S.C. § 808(2). DEA determined it had good cause to waive the 60-day delay because DEA is making a technical amendment to the definition of the term retail distributor. DEA stated the definition of retail distributor that was set forth in the September 2006 interim final rule is being amended to include ephedrine so that it will mirror the definition

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