II

103D CONGRESS

1ST SESSION H. R. 3216

IN THE SENATE OF THE UNITED STATES

NOVEMBER 22, 1993

Received

AN ACT

To amend the Comprehensive Drug Abuse Prevention and

Control Act of 1970 to control the diversion of certain

chemicals used in the illicit production of controlled substances such as methcathinone and methamphetamine,

and for other purposes.

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 ‘‘Domestic Chemical Di5 version Control Act of 1993’’.

6 SEC. 2. DEFINITION AMENDMENTS.

7 (a) DEFINITIONS.—Section 102 of the Controlled

8 Substances Act (21 U.S.C. 802) is amended—

9 (1) in paragraph (33), by striking ‘‘any listed

10 precursor chemical or listed essential chemical’’ and
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1 inserting ‘‘any list I chemical or any list II chemi2 cal’’;

3 (2) in paragraph (34)—

4 (A) by striking ‘‘listed precursor chemical’’

5 and inserting ‘‘list I chemical’’; and

6 (B) by striking ‘‘critical to the creation’’

7 and inserting ‘‘important to the manufacture’’;

8 (3) in paragraph (34) (A), (F), and (H), by in9 serting ‘‘, its esters,’’ before ‘‘and’’;

10 (4) in paragraph (35)—

11 (A) by striking ‘‘listed essential chemical’’

12 and inserting ‘‘list II chemical’’;

13 (B) by inserting ‘‘(other than a list I

14 chemical)’’ before ‘‘specified’’; and

15 (C) by striking ‘‘as a solvent, reagent, or

16 catalyst’’; and

17 (5) in paragraph (38), by inserting ‘‘or who

18 acts as a broker or trader for an international trans19 action involving a listed chemical, a tableting ma20 chine, or an encapsulating machine’’ before the

21 period;

22 (6) in paragraph (39)(A)—

23 (A) by striking ‘‘importation or exportation

24 of’’ and inserting ‘‘importation, or exportation
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1 of, or an international transaction involving

2 shipment of,’’;

3 (B) in clause (iii) by inserting ‘‘or any cat4 egory of transaction for a specific listed chemi5 cal or chemicals’’ after ‘‘transaction’’;

6 (C) by amending clause (iv) to read as fol7 lows:

8 ‘‘(iv) any transaction in a listed chemical

9 that is contained in a drug that may be mar10 keted or distributed lawfully in the United

11 States under the Federal Food, Drug, and Cos12 metic Act (21 U.S.C. 301 et seq.) unless—

13 ‘‘(I)(aa) the drug contains ephedrine

14 or its salts, optical isomers, or salts of op15 tical isomers as the only active medicinal

16 ingredient or contains ephedrine or its

17 salts, optical isomers, or salts of optical

18 isomers and therapeutically insignificant

19 quantities of another active medicinal in20 gredient; or

21 ‘‘(bb) the Attorney General has deter22 mined under section 204 that the drug or

23 group of drugs is being diverted to obtain

24 the listed chemical for use in the illicit pro25 duction of a controlled substance; and
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1 ‘‘(II) the quantity of ephedrine or

2 other listed chemical contained in the drug

3 included in the transaction or multiple

4 transactions equals or exceeds the thresh5 old established for that chemical by the At6 torney General.’’; and

7 (D) in clause (v), by striking the semicolon

8 and inserting ‘‘which the Attorney General has

9 by regulation designated as exempt from the

10 application of this title and title III based on a

11 finding that the mixture is formulated in such

12 a way that it cannot be easily used in the illicit

13 production of a controlled substance and that

14 the listed chemical or chemicals contained in

15 the mixture cannot be readily recovered;’’;

16 (7) in paragraph (40), by striking ‘‘listed pre17 cursor chemical or a listed essential chemical’’ each

18 place it appears and inserting ‘‘list I chemical or a

19 list II chemical’’; and

20 (8) by adding at the end the following new

21 paragraphs:

22 ‘‘(42) The term ‘international transaction’ means a

23 transaction involving the shipment of a listed chemical

24 across an international border (other than a United States
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1 border) in which a broker or trader located in the United

2 States participates.

3 ‘‘(43) The terms ‘broker’ and ‘trader’ mean a person

4 that assists in arranging an international transaction in

5 a listed chemical by—

6 ‘‘(A) negotiating contracts;

7 ‘‘(B) serving as an agent or intermediary; or

8 ‘‘(C) bringing together a buyer and seller, a

9 buyer and transporter, or a seller and transporter.’’.

10 (b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS.—

11 (1) PROCEDURE.—Part B of the Controlled

12 Substances Act (21 U.S.C. 811 et seq.) is amended

13 by adding at the end the following new section:

14 ‘‘REMOVAL OF EXEMPTION OF CERTAIN DRUGS

15 ‘‘SEC. 204. (a) REMOVAL OF EXEMPTION.—The At16 torney General shall by regulation remove from exemption

17 under section 102(39)(A)(iv) a drug or group of drugs

18 that the Attorney General finds is being diverted to obtain

19 a listed chemical for use in the illicit production of a con20 trolled substance.

21 ‘‘(b) FACTORS TO BE CONSIDERED.—In removing a

22 drug or group of drugs from exemption under subsection

23 (a), the Attorney General shall consider, with respect to

24 a drug or group of drugs that is proposed to be removed

25 from exemption—
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1 ‘‘(1) the scope, duration, and significance of the

2 diversion;

3 ‘‘(2) whether the drug or group of drugs is for4 mulated in such a way that it cannot be easily used

5 in the illicit production of a controlled substance;

6 and

7 ‘‘(3) whether the listed chemical can be readily

8 recovered from the drug or group of drugs.

9 ‘‘(c) SPECIFICITY OF DESIGNATION.—The Attorney

10 General shall limit the designation of a drug or a group

11 of drugs removed from exemption under subsection (a) to

12 the most particularly identifiable type of drug or group

13 of drugs for which evidence of diversion exists unless there

14 is evidence, based on the pattern of diversion and other

15 relevant factors, that the diversion will not be limited to

16 that particular drug or group of drugs.

17 ‘‘(d) REINSTATEMENT OF EXEMPTION WITH RE18 SPECT TO PARTICULAR DRUG PRODUCTS.—

19 ‘‘(1) REINSTATEMENT.—On application by a

20 manufacturer of a particular drug product that has

21 been removed from exemption under subsection (a),

22 the Attorney General shall by regulation reinstate

23 the exemption with respect to that particular drug

24 product if the Attorney General determines that the
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1 particular drug product is manufactured and distrib2 uted in a manner that prevents diversion.

3 ‘‘(2) FACTORS TO BE CONSIDERED.—In decid4 ing whether to reinstate the exemption with respect

5 to a particular drug product under paragraph (1),

6 the Attorney General shall consider—

7 ‘‘(A) the package sizes and manner of

8 packaging of the drug product;

9 ‘‘(B) the manner of distribution and adver10 tising of the drug product;

11 ‘‘(C) evidence of diversion of the drug

12 product;

13 ‘‘(D) any actions taken by the manufac14 turer to prevent diversion of the drug product;

15 and

16 ‘‘(E) such other factors as are relevant to

17 and consistent with the public health and safe18 ty, including the factors described in subsection

19 (b) as applied to the drug product.

20 ‘‘(3) STATUS PENDING APPLICATION FOR REIN21 STATEMENT.—A transaction involving a particular

22 drug product that is the subject of a bona fide pend23 ing application for reinstatement of exemption filed

24 with the Attorney General not later than 60 days

25 after a regulation removing the exemption is issued
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1 pursuant to subsection (a) shall not be considered to

2 be a regulated transaction if the transaction occurs

3 during the pendency of the application and, if the

4 Attorney General denies the application, during the

5 period of 60 days following the date on which the

6 Attorney General denies the application, unless—

7 ‘‘(A) the Attorney General has evidence

8 that, applying the factors described in sub9 section (b) to the drug product, the drug prod10 uct is being diverted; and

11 ‘‘(B) the Attorney General so notifies the

12 applicant.

13 ‘‘(4) AMENDMENT AND MODIFICATION.—A reg14 ulation reinstating an exemption under paragraph

15 (1) may be modified or revoked with respect to a

16 particular drug product upon a finding that—

17 ‘‘(A) applying the factors described in sub18 section (b) to the drug product, the drug prod19 uct is being diverted; or

20 ‘‘(B) there is a significant change in the

21 data that led to the issuance of the regula22 tion.’’.

23 (2) CLERICAL AMENDMENT.—The table of con24 tents of the Comprehensive Drug Abuse Prevention

25 and Control Act of 1970 (84 Stat. 1236) is amended
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1 by adding at the end of that portion relating to part

2 B of title II the following new item:

‘‘Sec. 204. Removal of exemption of certain drugs.’’.

3 (c) REGULATION OF LISTED CHEMICALS.—Section

4 310 of the Controlled Substances Act (21 U.S.C. 830) is

5 amended—

6 (1) in subsection (a)(1)—

7 (A) by striking ‘‘precursor chemical’’ and

8 inserting ‘‘list I chemical’’; and

9 (B) in subparagraph (B), by striking ‘‘an

10 essential chemical’’ and inserting ‘‘a list II

11 chemical’’; and

12 (2) in subsection (c)(2)(D), by striking ‘‘precur13 sor chemical’’ and inserting ‘‘chemical control’’.

14 SEC. 3. REGISTRATION REQUIREMENTS.

15 (a) RULES AND REGULATIONS.—Section 301 of the

16 Controlled Substances Act (21 U.S.C. 821) is amended

17 by striking the period and inserting ‘‘and to the registra18 tion and control of regulated persons and of regulated

19 transactions.’’.

20 (b) PERSONS REQUIRED TO REGISTER UNDER SEC21 TION 302.—Section 302 of the Controlled Substances Act

22 (21 U.S.C. 822) is amended—

23 (1) in subsection (a)(1), by inserting ‘‘or list I

24 chemical’’ after ‘‘controlled substance’’ each place it

25 appears;
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1 (2) in subsection (b)—

2 (A) by inserting ‘‘or list I chemicals’’ after

3 ‘‘controlled substances’’; and

4 (B) by inserting ‘‘or chemicals’’ after

5 ‘‘such substances’’;

6 (3) in subsection (c), by inserting ‘‘or list I

7 chemical’’ after ‘‘controlled substance’’ each place it

8 appears; and

9 (4) in subsection (e), by inserting ‘‘or list I

10 chemicals’’ after ‘‘controlled substances’’.

11 (c) REGISTRATION REQUIREMENTS UNDER SECTION

12 303.—Section 303 of the Controlled Substances Act (21

13 U.S.C. 823) is amended by adding at the end the following

14 new subsection:

15 ‘‘(h) The Attorney General shall register an applicant

16 to distribute a list I chemical unless the Attorney General

17 determines that registration of the applicant is inconsist18 ent with the public interest. Registration under this sub19 section shall not be required for the distribution of a drug

20 product that is exempted under section 102(39)(A)(iv). In

21 determining the public interest for the purposes of this

22 subsection, the Attorney General shall consider—

23 ‘‘(1) maintenance by the applicant of effective

24 controls against diversion of listed chemicals into

25 other than legitimate channels;
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1 ‘‘(2) compliance by the applicant with applica2 ble Federal, State, and local law;

3 ‘‘(3) any prior conviction record of the appli4 cant under Federal or State laws relating to con5 trolled substances or to chemicals controlled under

6 Federal or State law;

7 ‘‘(4) any past experience of the applicant in the

8 manufacture and distribution of chemicals; and

9 ‘‘(5) such other factors as are relevant to and

10 consistent with the public health and safety.’’.

11 (d) DENIAL, REVOCATION, OR SUSPENSION OF REG12 ISTRATION.—Section 304 of the Controlled Substances

13 Act (21 U.S.C. 824) is amended—

14 (1) in subsection (a)—

15 (A) by inserting ‘‘or a list I chemical’’

16 after ‘‘controlled substance’’ each place it ap17 pears; and

18 (B) by inserting ‘‘or list I chemicals’’ after

19 ‘‘controlled substances’’;

20 (2) in subsection (b), by inserting ‘‘or list I

21 chemical’’ after ‘‘controlled substance’’;

22 (3) in subsection (f), by inserting ‘‘or list I

23 chemicals’’ after ‘‘controlled substances’’ each place

24 it appears; and

25 (4) in subsection (g)—
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1 (A) by inserting ‘‘or list I chemicals’’ after

2 ‘‘controlled substances’’ each place it appears;

3 and

4 (B) by inserting ‘‘or list I chemical’’ after

5 ‘‘controlled substance’’ each place it appears.

6 (e) PERSONS REQUIRED TO REGISTER UNDER SEC7 TION 1007.—Section 1007 of the Controlled Substances

8 Import and Export Act (21 U.S.C. 957) is amended—

9 (1) in subsection (a)—

10 (A) in paragraph (1), by inserting ‘‘or list

11 I chemical’’ after ‘‘controlled substance’’; and

12 (B) in paragraph (2), by striking ‘‘in

13 schedule I, II, III, IV, or V,’’ and inserting ‘‘or

14 list I chemical,’’; and

15 (2) in subsection (b)—

16 (A) in paragraph (1), by inserting ‘‘or list

17 I chemical’’ after ‘‘controlled substance’’ each

18 place it appears; and

19 (B) in paragraph (2), by inserting ‘‘or list

20 I chemicals’’ after ‘‘controlled substances’’.

21 (f) REGISTRATION REQUIREMENTS UNDER SECTION

22 1008.—Section 1008 of the Controlled Substances Import

23 and Export Act (21 U.S.C. 958) is amended—

24 (1) in subsection (c)—

25 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
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1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(2)(A) The Attorney General shall register an appli4 cant to import or export a list I chemical unless the Attor5 ney General determines that registration of the applicant

6 is inconsistent with the public interest. Registration under

7 this subsection shall not be required for the import or ex8 port of a drug product that is exempted under section

9 102(39)(A)(iv).

10 ‘‘(B) In determining the public interest for the pur11 poses of subparagraph (A), the Attorney General shall

12 consider the factors specified in section 303(h).’’;

13 (2) in subsection (d)—

14 (A) in paragraph (3), by inserting ‘‘or list

15 I chemical or chemicals,’’ after ‘‘substances,’’;

16 and

17 (B) in paragraph (6), by inserting ‘‘or list

18 I chemicals’’ after ‘‘controlled substances’’ each

19 place it appears;

20 (3) in subsection (e), by striking ‘‘and 307’’

21 and inserting ‘‘307, and 310’’; and

22 (4) in subsections (f), (g), and (h), by inserting

23 ‘‘or list I chemicals’’ after ‘‘controlled substances’’

24 each place it appears.
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1 (g) PROHIBITED ACTS C.—Section 403(a) of the

2 Controlled Substances Act (21 U.S.C. 843(a)) is amend3 ed—

4 (1) by amending paragraphs (6) and (7) to

5 read as follows:

6 ‘‘(6) to possess any three-neck round-bottom

7 flask, tableting machine, encapsulating machine, or

8 gelatin capsule, or any equipment, chemical, prod9 uct, or material which may be used to manufacture

10 a controlled substance or listed chemical, knowing,

11 intending, or having reasonable cause to believe, that

12 it will be used to manufacture a controlled substance

13 or listed chemical in violation of this title or title III;

14 ‘‘(7) to manufacture, distribute, export, or im15 port any three-neck round-bottom flask, tableting

16 machine, encapsulating machine, or gelatin capsule,

17 or any equipment, chemical, product, or material

18 which may be used to manufacture a controlled sub19 stance or listed chemical, knowing, intending, or

20 having reasonable cause to believe, that it will be

21 used to manufacture a controlled substance or listed

22 chemical in violation of this title or title III or, in

23 the case of an exportation, in violation of this title

24 or title III or of the laws of the country to which

25 it is exported;’’;
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1 (2) by striking the period at the end of para2 graph (8) and inserting ‘‘; or’’; and

3 (3) by adding at the end the following new

4 paragraph:

5 ‘‘(9) to distribute, import, or export a list I

6 chemical without the registration required by this

7 title or title III.’’.

8 SEC. 4. REPORTS BY BROKERS AND TRADERS; CRIMINAL

9 PENALTIES.

10 (a) NOTIFICATION, SUSPENSION OF SHIPMENT, AND

11 PENALTIES WITH RESPECT TO IMPORTATION AND EX12 PORTATION OF LISTED CHEMICALS.—Section 1018 of the

13 Controlled Substances Import and Export Act (21 U.S.C.

14 971) is amended by adding at the end the following new

15 subsection:

16 ‘‘(d) A person located in the United States who is

17 a broker or trader for an international transaction in a

18 listed chemical that is a regulated transaction solely be19 cause of that person’s involvement as a broker or trader

20 shall, with respect to that transaction, be subject to all

21 of the notification, reporting, recordkeeping, and other re22 quirements placed upon exporters of listed chemicals by

23 this title and title II.’’.
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1 (b) PROHIBITED ACTS A.—Section 1010(d) of the

2 Controlled Substances Import and Export Act (21 U.S.C.

3 960(d)) is amended to read as follows:

4 ‘‘(d) A person who knowingly or intentionally—

5 ‘‘(1) imports or exports a listed chemical with

6 intent to manufacture a controlled substance in vio7 lation of this title or title II;

8 ‘‘(2) exports a listed chemical in violation of the

9 laws of the country to which the chemical is ex10 ported or serves as a broker or trader for an inter11 national transaction involving a listed chemical, if

12 the transaction is in violation of the laws of the

13 country to which the chemical is exported;

14 ‘‘(3) imports or exports a listed chemical know15 ing, or having reasonable cause to believe, that the

16 chemical will be used to manufacture a controlled

17 substance in violation of this title or title II; or

18 ‘‘(4) exports a listed chemical, or serves as a

19 broker or trader for an international transaction in20 volving a listed chemical, knowing, or having reason21 able cause to believe, that the chemical will be used

22 to manufacture a controlled substance in violation of

23 the laws of the country to which the chemical is ex24 ported,
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1 shall be fined in accordance with title 18, imprisoned not

2 more than 10 years, or both.’’.

3 SEC. 5. EXEMPTION AUTHORITY; ANTISMUGGLING PROVI4 SION.

5 (a) NOTIFICATION REQUIREMENT.—Section 1018 of

6 the Controlled Substances Import and Export Act (21

7 U.S.C. 971), as amended by section 1505(a) of this Act,

8 is amended by adding at the end the following new sub9 section:

10 ‘‘(e)(1) The Attorney General may by regulation re11 quire that the 15-day notification requirement of sub12 section (a) apply to all exports of a listed chemical to a

13 specified country, regardless of the status of certain cus14 tomers in such country as regular customers, if the Attor15 ney General finds that such notification is necessary to

16 support effective chemical diversion control programs or

17 is required by treaty or other international agreement to

18 which the United States is a party.

19 ‘‘(2) The Attorney General may by regulation waive

20 the 15-day notification requirement for exports of a listed

21 chemical to a specified country if the Attorney General

22 determines that such notification is not required for effec23 tive chemical diversion control. If the notification require24 ment is waived, exporters of the listed chemical shall be

25 required to submit to the Attorney General reports of indi-
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1 vidual exportations or periodic reports of such exportation

2 of the listed chemical, at such time or times and contain3 ing such information as the Attorney General shall estab4 lish by regulation.

5 ‘‘(3) The Attorney General may by regulation waive

6 the 15-day notification requirement for the importation of

7 a listed chemical if the Attorney General determines that

8 such notification is not necessary for effective chemical di9 version control. If the notification requirement is waived,

10 importers of the listed chemical shall be required to submit

11 to the Attorney General reports of individual importations

12 or periodic reports of the importation of the listed chemi13 cal, at such time or times and containing such information

14 as the Attorney General shall establish by regulation.’’.

15 (b) PROHIBITED ACTS A.—Section 1010(d) of the

16 Controlled Substances Import and Export Act (21 U.S.C.

17 960(d)), as amended by section 4(b) of this Act, is amend18 ed—

19 (1) by striking ‘‘or’’ at the end of paragraph

20 (3);

21 (2) by striking the comma at the end of para22 graph (4) and inserting a semicolon; and

23 (3) by adding at the end the following new

24 paragraphs:
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1 ‘‘(5) imports or exports a listed chemical, with

2 the intent to evade the reporting or recordkeeping

3 requirements of section 1018 applicable to such im4 portation or exportation by falsely representing to

5 the Attorney General that the importation or expor6 tation qualifies for a waiver of the 15-day notifica7 tion requirement granted pursuant to section

8 1018(e) (2) or (3) by misrepresenting the actual

9 country of final destination of the listed chemical or

10 the actual listed chemical being imported or ex11 ported; or

12 ‘‘(6) imports or exports a listed chemical in vio13 lation of section 1007 or 1018,’’.

14 SEC. 6. ADMINISTRATIVE INSPECTIONS AND AUTHORITY.

15 Section 510 of the Controlled Substances Act (21

16 U.S.C. 880) is amended—

17 (1) by amending subsection (a)(2) to read as

18 follows:

19 ‘‘(2) places, including factories, warehouses,

20 and other establishments, and conveyances, where

21 persons registered under section 303 (or exempt

22 from registration under section 302(d) or by regula23 tion of the Attorney General) or regulated persons

24 may lawfully hold, manufacture, distribute, dispense,

25 administer, or otherwise dispose of controlled sub-
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1 stances or listed chemicals or where records relating

2 to those activities are maintained.’’; and

3 (2) in subsection (b)(3)—

4 (A) in subparagraph (B), by inserting ‘‘,

5 listed chemicals,’’ after ‘‘unfinished drugs’’; and

6 (B) in subparagraph (C), by inserting ‘‘or

7 listed chemical’’ after ‘‘controlled substance’’

8 and inserting ‘‘or chemical’’ after ‘‘such sub9 stance’’.

10 SEC. 7. THRESHOLD AMOUNTS.

11 Section 102(39)(A) of the Controlled Substances Act

12 (21 U.S.C. 802(39)(A)), as amended by section 2, is

13 amended by inserting ‘‘a listed chemical, or if the Attorney

14 General establishes a threshold amount for a specific listed

15 chemical,’’ before ‘‘a threshold amount, including a cumu16 lative threshold amount for multiple transactions’’.

17 SEC. 8. AMENDMENTS TO LIST I.

18 Section 102(34) of the Controlled Substances Act (21

19 U.S.C. 802(34)) is amended—

20 (1) by striking subparagraphs (O), (U), and

21 (W);

22 (2) by redesignating subparagraphs (P) through

23 (T) as (O) through (S), subparagraph (V) as (T),

24 and subparagraphs (X) and (Y) as (U) and (X), re25 spectively;
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1 (3) in subparagraph (X), as redesignated by

2 paragraph (2), by striking ‘‘(X)’’ and inserting

3 ‘‘(U)’’; and

4 (4) by inserting after subparagraph (U), as re5 designated by paragraph (2), the following new sub6 paragraphs:

7 ‘‘(V) benzaldehyde.

8 ‘‘(W) nitroethane.’’.

9 SEC. 9. ELIMINATION OF REGULAR SUPPLIER STATUS AND

10 CREATION OF REGULAR IMPORTER STATUS.

11 (a) DEFINITION.—Section 102(37) of the Controlled

12 Substances Act (21 U.S.C. 802(37)) is amended to read

13 as follows:

14 ‘‘(37) The term ‘regular importer’ means, with re15 spect to a listed chemical, a person that has an established

16 record as an importer of that listed chemical that is re17 ported to the Attorney General.’’.

18 (b) NOTIFICATION.—Section 1018 of the Controlled

19 Substances Act (21 U.S.C. 971) is amended—

20 (1) in subsection (b)—

21 (A) in paragraph (1) by striking ‘‘regular

22 supplier of the regulated person’’ and inserting

23 ‘‘to an importation by a regular importer’’; and

24 (B) in paragraph (2)—
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1 (i) by striking ‘‘a customer or supplier

2 of a regulated person’’ and inserting ‘‘a

3 customer of a regulated person or to an

4 importer’’; and

5 (ii) by striking ‘‘regular supplier’’ and

6 inserting ‘‘the importer as a regular im7 porter’’; and

8 (2) in subsection (c)(1) by striking ‘‘regular

9 supplier’’ and inserting ‘‘regular importer’’.

10 SEC. 10. REPORTING OF LISTED CHEMICAL MANUFACTUR11 ING.

12 Section 310(b) of the Controlled Substances Act (21

13 U.S.C. 830(b)) is amended—

14 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

15 (2) by redesignating paragraphs (1), (2), (3),

16 and (4) as subparagraphs (A), (B), (C), and (D), re17 spectively;

18 (3) by striking ‘‘paragraph (1)’’ each place it

19 appears and inserting ‘‘subparagraph (A)’’;

20 (4) by striking ‘‘paragraph (2)’’ and inserting

21 ‘‘subparagraph (B)’’;

22 (5) by striking ‘‘paragraph (3)’’ and inserting

23 ‘‘subparagraph (C)’’; and

24 (6) by adding at the end the following new

25 paragraph:
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1 ‘‘(2) A regulated person that manufactures a

2 listed chemical shall report annually to the Attorney

3 General, in such form and manner and containing

4 such specific data as the Attorney General shall pre5 scribe by regulation, information concerning listed

6 chemicals manufactured by the person. The require7 ment of the preceding sentence shall not apply to the

8 manufacture of a drug product that is exempted

9 under section 102(39)(A)(iv).’’.

10 SEC. 11. EFFECTIVE DATE.

11 This Act and the amendments made by this Act shall

12 take effect on the date that is 120 days after the date

13 of enactment of this Act.

Passed the House of Representatives November 21,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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