103D CONGRESS

1ST SESSION S. 1767

AN ACT

To amend the Comprehensive Drug Abuse Prevenother purposes. methcathinone and methamphetamine, and for production of controlled substances such as version of certain chemicals used in the illicit tion and Control Act of 1970 to control the di-
103D CONGRESS

1ST SESSION S. 1767

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Domestic Chemical Di3 version Control Act of 1993’’.

4 SEC. 2. DEFINITION AMENDMENTS.

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

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

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

8 precursor chemical or listed essential chemical’’ and

9 inserting ‘‘any list I chemical or any list II chemi10 cal’’;

11 (2) in paragraph (34)—

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

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

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

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

16 (3) in paragraph (34) (A), (F), and (H), by in17 serting ‘‘, its esters,’’ before ‘‘and’’;

18 (4) in paragraph (35)—

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

20 and inserting ‘‘list II chemical’’;

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

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

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

24 catalyst’’; and

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

26 acts as a broker or trader for an international trans-
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1 action involving a listed chemical, a tableting ma2 chine, or an encapsulating machine’’ before the pe3 riod;

4 (6) in paragraph (39)(A)—

5 (A) by striking ‘‘importation or exportation

6 of’’ and inserting ‘‘importation, or exportation

7 of, or an international transaction involving

8 shipment of,’’;

9 (B) in clause (iii) by inserting ‘‘or any cat10 egory of transaction for a specific listed chemi11 cal or chemicals’’ after ‘‘transaction’’;

12 (C) by amending clause (iv) to read as fol13 lows:

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

15 that is contained in a drug that may be mar16 keted or distributed lawfully in the United

17 States under the Federal Food, Drug, and Cos18 metic Act (21 U.S.C. 301 et seq.) unless—

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

20 or its salts, optical isomers, or salts of op21 tical isomers as the only active medicinal

22 ingredient or contains ephedrine or its

23 salts, optical isomers, or salts of optical

24 isomers and therapeutically insignificant
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1 quantities of another active medicinal in2 gredient; or

3 ‘‘(bb) the Attorney General has deter4 mined under section 204 that the drug or

5 group of drugs is being diverted to obtain

6 the listed chemical for use in the illicit pro7 duction of a controlled substance; and

8 ‘‘(II) the quantity of ephedrine or

9 other listed chemical contained in the drug

10 included in the transaction or multiple

11 transactions equals or exceeds the thresh12 old established for that chemical by the At13 torney General.’’; and

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

15 and inserting ‘‘which the Attorney General has

16 by regulation designated as exempt from the

17 application of this title and title III based on a

18 finding that the mixture is formulated in such

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

20 production of a controlled substance and that

21 the listed chemical or chemicals contained in

22 the mixture cannot be readily recovered;’’;

23 (7) in paragraph (40), by striking ‘‘listed pre24 cursor chemical or a listed essential chemical’’ each
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1 place it appears and inserting ‘‘list I chemical or a

2 list II chemical’’; and

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

4 paragraphs:

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

6 transaction involving the shipment of a listed chemical

7 across an international border (other than a United States

8 border) in which a broker or trader located in the United

9 States participates.

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

11 that assists in arranging an international transaction in

12 a listed chemical by—

13 ‘‘(A) negotiating contracts;

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

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

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

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

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

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

20 by adding at the end the following new section:

21 ‘‘REMOVAL OF EXEMPTION OF CERTAIN DRUGS

22 ‘‘SEC. 204. (a) REMOVAL OF EXEMPTION.—The At23 torney General shall by regulation remove from exemption

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

25 that the Attorney General finds is being diverted to obtain
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1 a listed chemical for use in the illicit production of a con2 trolled substance.

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

4 drug or group of drugs from exemption under subsection

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

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

7 from exemption—

8 ‘‘(1) the scope, duration, and significance of the

9 diversion;

10 ‘‘(2) whether the drug or group of drugs is for11 mulated in such a way that it cannot be easily used

12 in the illicit production of a controlled substance;

13 and

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

15 recovered from the drug or group of drugs.

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

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

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

19 the most particularly identifiable type of drug or group

20 of drugs for which evidence of diversion exists unless there

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

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

23 that particular drug or group of drugs.

24 ‘‘(d) REINSTATEMENT OF EXEMPTION WITH RE25 SPECT TO PARTICULAR DRUG PRODUCTS.—
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1 ‘‘(1) REINSTATEMENT.—On application by a

2 manufacturer of a particular drug product that has

3 been removed from exemption under subsection (a),

4 the Attorney General shall by regulation reinstate

5 the exemption with respect to that particular drug

6 product if the Attorney General determines that the

7 particular drug product is manufactured and distrib8 uted in a manner that prevents diversion.

9 ‘‘(2) FACTORS TO BE CONSIDERED.—In decid10 ing whether to reinstate the exemption with respect

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

12 the Attorney General shall consider—

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

14 packaging of the drug product;

15 ‘‘(B) the manner of distribution and adver16 tising of the drug product;

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

18 product;

19 ‘‘(D) any actions taken by the manufac20 turer to prevent diversion of the drug product;

21 and

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

23 and consistent with the public health and safe24 ty, including the factors described in subsection

25 (b) as applied to the drug product.
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1 ‘‘(3) STATUS PENDING APPLICATION FOR REIN2 STATEMENT.—A transaction involving a particular

3 drug product that is the subject of a bona fide pend4 ing application for reinstatement of exemption filed

5 with the Attorney General not later than 60 days

6 after a regulation removing the exemption is issued

7 pursuant to subsection (a) shall not be considered to

8 be a regulated transaction if the transaction occurs

9 during the pendency of the application and, if the

10 Attorney General denies the application, during the

11 period of 60 days following the date on which the

12 Attorney General denies the application, unless—

13 ‘‘(A) the Attorney General has evidence

14 that, applying the factors described in sub15 section (b) to the drug product, the drug prod16 uct is being diverted; and

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

18 applicant.

19 ‘‘(4) AMENDMENT AND MODIFICATION.—A reg20 ulation reinstating an exemption under paragraph

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

22 particular drug product upon a finding that—

23 ‘‘(A) applying the factors described in sub24 section (b) to the drug product, the drug prod25 uct is being diverted; or
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1 ‘‘(B) there is a significant change in the

2 data that led to the issuance of the regula3 tion.’’.

4 (2) CLERICAL AMENDMENT.—The table of con5 tents of the Comprehensive Drug Abuse Prevention

6 and Control Act of 1970 (84 Stat. 1236) is amended

7 by adding at the end of that portion relating to part

8 B of title II the following new item:

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

9 (c) REGULATION OF LISTED CHEMICALS.—Section

10 310 of the Controlled Substances Act (21 U.S.C. 830) is

11 amended—

12 (1) in subsection (a)(1)—

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

14 inserting ‘‘list I chemical’’; and

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

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

17 chemical’’; and

18 (2) in subsection (c)(2)(D), by striking ‘‘precur19 sor chemical’’ and inserting ‘‘chemical control’’.

20 SEC. 3. REGISTRATION REQUIREMENTS.

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

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

23 by striking the period and inserting ‘‘and to the registra24 tion and control of regulated persons and of regulated

25 transactions.’’.
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1 (b) PERSONS REQUIRED TO REGISTER UNDER SEC2 TION 302.—Section 302 of the Controlled Substances Act

3 (21 U.S.C. 822) is amended—

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

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

6 appears;

7 (2) in subsection (b)—

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

9 ‘‘controlled substances’’; and

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

11 ‘‘such substances’’;

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

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

14 appears; and

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

16 chemicals’’ after ‘‘controlled substances’’.

17 (c) REGISTRATION REQUIREMENTS UNDER SECTION

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

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

20 new subsection:

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

22 to distribute a list I chemical unless the Attorney General

23 determines that registration of the applicant is inconsist24 ent with the public interest. Registration under this sub25 section shall not be required for the distribution of a drug
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1 product that is exempted under section 102(39)(A)(iv). In

2 determining the public interest for the purposes of this

3 subsection, the Attorney General shall consider—

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

5 controls against diversion of listed chemicals into

6 other than legitimate channels;

7 ‘‘(2) compliance by the applicant with applica8 ble Federal, State, and local law;

9 ‘‘(3) any prior conviction record of the appli10 cant under Federal or State laws relating to con11 trolled substances or to chemicals controlled under

12 Federal or State law;

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

14 manufacture and distribution of chemicals; and

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

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

17 (d) DENIAL, REVOCATION, OR SUSPENSION OF REG18 ISTRATION.—Section 304 of the Controlled Substances

19 Act (21 U.S.C. 824) is amended—

20 (1) in subsection (a)—

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

22 after ‘‘controlled substance’’ each place it ap23 pears; and

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

25 ‘‘controlled substances’’;
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1 (2) in subsection (b), by inserting ‘‘or list I

2 chemical’’ after ‘‘controlled substance’’;

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

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

5 it appears; and

6 (4) in subsection (g)—

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

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

9 and

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

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

12 (e) PERSONS REQUIRED TO REGISTER UNDER SEC13 TION 1007.—Section 1007 of the Controlled Substances

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

15 (1) in subsection (a)—

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

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

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

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

20 list I chemical,’’; and

21 (2) in subsection (b)—

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

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

24 place it appears; and
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1 (B) in paragraph (2), by inserting ‘‘or list

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

3 (f) REGISTRATION REQUIREMENTS UNDER SECTION

4 1008.—Section 1008 of the Controlled Substances Import

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

6 (1) in subsection (c)—

7 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

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

9 paragraph:

10 ‘‘(2)(A) The Attorney General shall register an appli11 cant to import or export a list I chemical unless the Attor12 ney General determines that registration of the applicant

13 is inconsistent with the public interest. Registration under

14 this subsection shall not be required for the import or ex15 port of a drug product that is exempted under section

16 102(39)(A)(iv).

17 ‘‘(B) In determining the public interest for the pur18 poses of subparagraph (A), the Attorney General shall

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

20 (2) in subsection (d)—

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

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

23 and
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1 (B) in paragraph (6), by inserting ‘‘or list

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

3 place it appears;

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

5 and inserting ‘‘307, and 310’’; and

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

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

8 each place it appears.

9 (g) PROHIBITED ACTS C.—Section 403(a) of the

10 Controlled Substances Act (21 U.S.C. 843(a)) is amend11 ed—

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

13 read as follows:

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

15 flask, tableting machine, encapsulating machine, or

16 gelatin capsule, or any equipment, chemical, prod17 uct, or material which may be used to manufacture

18 a controlled substance or listed chemical, knowing,

19 intending, or having reasonable cause to believe, that

20 it will be used to manufacture a controlled substance

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

22 ‘‘(7) to manufacture, distribute, export, or im23 port any three-neck round-bottom flask, tableting

24 machine, encapsulating machine, or gelatin capsule,

25 or any equipment, chemical, product, or material
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1 which may be used to manufacture a controlled sub2 stance or listed chemical, knowing, intending, or

3 having reasonable cause to believe, that it will be

4 used to manufacture a controlled substance or listed

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

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

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

8 it is exported;’’;

9 (2) by striking the period at the end of para10 graph (8) and inserting ‘‘; or’’; and

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

12 paragraph:

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

14 chemical without the registration required by this

15 title or title III.’’.

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

17 PENALTIES.

18 (a) NOTIFICATION, SUSPENSION OF SHIPMENT, AND

19 PENALTIES WITH RESPECT TO IMPORTATION AND EX20 PORTATION OF LISTED CHEMICALS.—Section 1018 of the

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

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

23 subsection:

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

25 a broker or trader for an international transaction in a
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1 listed chemical that is a regulated transaction solely be2 cause of that person’s involvement as a broker or trader

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

4 of the notification, reporting, recordkeeping, and other re5 quirements placed upon exporters of listed chemicals by

6 this title and title II.’’.

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

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

9 960(d)) is amended to read as follows:

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

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

12 intent to manufacture a controlled substance in vio13 lation of this title or title II;

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

15 laws of the country to which the chemical is ex16 ported or serves as a broker or trader for an inter17 national transaction involving a listed chemical, if

18 the transaction is in violation of the laws of the

19 country to which the chemical is exported;

20 ‘‘(3) imports or exports a listed chemical know21 ing, or having reasonable cause to believe, that the

22 chemical will be used to manufacture a controlled

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

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

25 broker or trader for an international transaction in-
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1 volving a listed chemical, knowing, or having reason2 able cause to believe, that the chemical will be used

3 to manufacture a controlled substance in violation of

4 the laws of the country to which the chemical is ex5 ported,

6 shall be fined in accordance with title 18, imprisoned not

7 more than 10 years, or both.’’.

8 SEC. 5. EXEMPTION AUTHORITY; ANTISMUGGLING PROVI9 SION.

10 (a) NOTIFICATION REQUIREMENT.—Section 1018 of

11 the Controlled Substances Import and Export Act (21

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

13 is amended by adding at the end the following new sub14 section:

15 ‘‘(e)(1) The Attorney General may by regulation re16 quire that the 15-day notification requirement of sub17 section (a) apply to all exports of a listed chemical to a

18 specified country, regardless of the status of certain cus19 tomers in such country as regular customers, if the Attor20 ney General finds that such notification is necessary to

21 support effective chemical diversion control programs or

22 is required by treaty or other international agreement to

23 which the United States is a party.

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

25 the 15-day notification requirement for exports of a listed
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1 chemical to a specified country if the Attorney General

2 determines that such notification is not required for effec3 tive chemical diversion control. If the notification require4 ment is waived, exporters of the listed chemical shall be

5 required to submit to the Attorney General reports of indi6 vidual exportations or periodic reports of such exportation

7 of the listed chemical, at such time or times and contain8 ing such information as the Attorney General shall estab9 lish by regulation.

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

11 the 15-day notification requirement for the importation of

12 a listed chemical if the Attorney General determines that

13 such notification is not necessary for effective chemical di14 version control. If the notification requirement is waived,

15 importers of the listed chemical shall be required to submit

16 to the Attorney General reports of individual importations

17 or periodic reports of the importation of the listed chemi18 cal, at such time or times and containing such information

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

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

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

22 960(d)), as amended by section 4(b) of this Act, is amend23 ed—

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

25 (3);
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1 (2) by striking the comma at the end of para2 graph (4) and inserting a semicolon; and

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

4 paragraphs:

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

6 the intent to evade the reporting or recordkeeping

7 requirements of section 1018 applicable to such im8 portation or exportation by falsely representing to

9 the Attorney General that the importation or expor10 tation qualifies for a waiver of the 15-day notifica11 tion requirement granted pursuant to section

12 1018(e) (2) or (3) by misrepresenting the actual

13 country of final destination of the listed chemical or

14 the actual listed chemical being imported or ex15 ported; or

16 ‘‘(6) imports or exports a listed chemical in vio17 lation of section 1007 or 1018,’’.

18 SEC. 6. ADMINISTRATIVE INSPECTIONS AND AUTHORITY.

19 Section 510 of the Controlled Substances Act (21

20 U.S.C. 880) is amended—

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

22 follows:

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

24 and other establishments, and conveyances, where

25 persons registered under section 303 (or exempt
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1 from registration under section 302(d) or by regula2 tion of the Attorney General) or regulated persons

3 may lawfully hold, manufacture, distribute, dispense,

4 administer, or otherwise dispose of controlled sub5 stances or listed chemicals or where records relating

6 to those activities are maintained.’’; and

7 (2) in subsection (b)(3)—

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

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

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

11 listed chemical’’ after ‘‘controlled substance’’

12 and inserting ‘‘or chemical’’ after ‘‘such sub13 stance’’.

14 SEC. 7. THRESHOLD AMOUNTS.

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

16 (21 U.S.C. 802(39)(A)), as amended by section 2, is

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

18 General establishes a threshold amount for a specific listed

19 chemical,’’ before ‘‘a threshold amount, including a cumu20 lative threshold amount for multiple transactions’’.

21 SEC. 8. AMENDMENTS TO LIST I.

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

23 U.S.C. 802(34)) is amended—

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

25 (W);
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1 (2) by redesignating subparagraphs (P) through

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

3 and subparagraphs (X) and (Y) as (U) and (X), re4 spectively;

5 (3) in subparagraph (X), as redesignated by

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

7 ‘‘(U)’’; and

8 (4) by inserting after subparagraph (U), as re9 designated by paragraph (2), the following new sub10 paragraphs:

11 ‘‘(V) benzaldehyde.

12 ‘‘(W) nitroethane.’’.

13 SEC. 9. ELIMINATION OF REGULAR SUPPLIER STATUS AND

14 CREATION OF REGULAR IMPORTER STATUS.

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

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

17 as follows:

18 ‘‘(37) The term ‘regular importer’ means, with re19 spect to a listed chemical, a person that has an established

20 record as an importer of that listed chemical that is re21 ported to the Attorney General.’’.

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

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

24 (1) in subsection (b)—
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1 (A) in paragraph (1) by striking ‘‘regular

2 supplier of the regulated person’’ and inserting

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

4 (B) in paragraph (2)—

5 (i) by striking ‘‘a customer or supplier

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

7 customer of a regulated person or to an

8 importer’’; and

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

10 inserting ‘‘the importer as a regular im11 porter’’; and

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

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

14 SEC. 10. REPORTING OF LISTED CHEMICAL MANUFACTUR15 ING.

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

17 U.S.C. 830(b)) is amended—

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

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

20 and (4) as subparagraphs (A), (B), (C), and (D), re21 spectively;

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

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

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

25 ‘‘subparagraph (B)’’;
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1 (5) by striking ‘‘paragraph (3)’’ and inserting

2 ‘‘subparagraph (C)’’; and

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

4 paragraph:

5 ‘‘(2) A regulated person that manufactures a

6 listed chemical shall report annually to the Attorney

7 General, in such form and manner and containing

8 such specific data as the Attorney General shall pre9 scribe by regulation, information concerning listed

10 chemicals manufactured by the person. The require11 ment of the preceding sentence shall not apply to the

12 manufacture of a drug product that is exempted

13 under section 102(39)(A)(iv).’’.

14 SEC. 11. EFFECTIVE DATE.

15 This Act and the amendments made by this Act shall

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

17 of enactment of this Act.

Passed the Senate November 20 (legislative day, November 2), 1993.

Attest:

Secretary.
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