II

103D CONGRESS

1ST SESSION S. 1767

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.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Mr. GORTON (for himself, Mr. LEVIN, Mr. RIEGLE, Mr. FEINGOLD, and Mr.

KOHL) introduced the following bill; which was considered, read the third

time and passed

A BILL

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’’.
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1 SEC. 2. DEFINITION AMENDMENTS.

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

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

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

5 precursor chemical or listed essential chemical’’ and

6 inserting ‘‘any list I chemical or any list II chemi7 cal’’;

8 (2) in paragraph (34)—

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

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

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

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

13 (3) in paragraph (34) (A), (F), and (H), by in14 serting ‘‘, its esters,’’ before ‘‘and’’;

15 (4) in paragraph (35)—

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

17 and inserting ‘‘list II chemical’’;

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

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

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

21 catalyst’’; and

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

23 acts as a broker or trader for an international trans24 action involving a listed chemical, a tableting ma25 chine, or an encapsulating machine’’ before the pe26 riod;
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1 (6) in paragraph (39)(A)—

2 (A) by striking ‘‘importation or exportation

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

4 of, or an international transaction involving

5 shipment of,’’;

6 (B) in clause (iii) by inserting ‘‘or any cat7 egory of transaction for a specific listed chemi8 cal or chemicals’’ after ‘‘transaction’’;

9 (C) by amending clause (iv) to read as fol10 lows:

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

12 that is contained in a drug that may be mar13 keted or distributed lawfully in the United

14 States under the Federal Food, Drug, and Cos15 metic Act (21 U.S.C. 301 et seq.) unless—

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

17 or its salts, optical isomers, or salts of op18 tical isomers as the only active medicinal

19 ingredient or contains ephedrine or its

20 salts, optical isomers, or salts of optical

21 isomers and therapeutically insignificant

22 quantities of another active medicinal in23 gredient; or

24 ‘‘(bb) the Attorney General has deter25 mined under section 204 that the drug or
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1 group of drugs is being diverted to obtain

2 the listed chemical for use in the illicit pro3 duction of a controlled substance; and

4 ‘‘(II) the quantity of ephedrine or

5 other listed chemical contained in the drug

6 included in the transaction or multiple

7 transactions equals or exceeds the thresh8 old established for that chemical by the At9 torney General.’’; and

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

11 and inserting ‘‘which the Attorney General has

12 by regulation designated as exempt from the

13 application of this title and title III based on a

14 finding that the mixture is formulated in such

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

16 production of a controlled substance and that

17 the listed chemical or chemicals contained in

18 the mixture cannot be readily recovered;’’;

19 (7) in paragraph (40), by striking ‘‘listed pre20 cursor chemical or a listed essential chemical’’ each

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

22 list II chemical’’; and

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

24 paragraphs:
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1 ‘‘(42) The term ‘international transaction’ means a

2 transaction involving the shipment of a listed chemical

3 across an international border (other than a United States

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

5 States participates.

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

7 that assists in arranging an international transaction in

8 a listed chemical by—

9 ‘‘(A) negotiating contracts;

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

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

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

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

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

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

16 by adding at the end the following new section:

17 ‘‘REMOVAL OF EXEMPTION OF CERTAIN DRUGS

18 ‘‘SEC. 204. (a) REMOVAL OF EXEMPTION.—The At19 torney General shall by regulation remove from exemption

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

21 that the Attorney General finds is being diverted to obtain

22 a listed chemical for use in the illicit production of a con23 trolled substance.

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

25 drug or group of drugs from exemption under subsection

26 (a), the Attorney General shall consider, with respect to
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1 a drug or group of drugs that is proposed to be removed

2 from exemption—

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

4 diversion;

5 ‘‘(2) whether the drug or group of drugs is for6 mulated in such a way that it cannot be easily used

7 in the illicit production of a controlled substance;

8 and

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

10 recovered from the drug or group of drugs.

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

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

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

14 the most particularly identifiable type of drug or group

15 of drugs for which evidence of diversion exists unless there

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

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

18 that particular drug or group of drugs.

19 ‘‘(d) REINSTATEMENT OF EXEMPTION WITH RE20 SPECT TO PARTICULAR DRUG PRODUCTS.—

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

22 manufacturer of a particular drug product that has

23 been removed from exemption under subsection (a),

24 the Attorney General shall by regulation reinstate

25 the exemption with respect to that particular drug
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1 product if the Attorney General determines that the

2 particular drug product is manufactured and distrib3 uted in a manner that prevents diversion.

4 ‘‘(2) FACTORS TO BE CONSIDERED.—In decid5 ing whether to reinstate the exemption with respect

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

7 the Attorney General shall consider—

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

9 packaging of the drug product;

10 ‘‘(B) the manner of distribution and adver11 tising of the drug product;

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

13 product;

14 ‘‘(D) any actions taken by the manufac15 turer to prevent diversion of the drug product;

16 and

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

18 and consistent with the public health and safe19 ty, including the factors described in subsection

20 (b) as applied to the drug product.

21 ‘‘(3) STATUS PENDING APPLICATION FOR REIN22 STATEMENT.—A transaction involving a particular

23 drug product that is the subject of a bona fide pend24 ing application for reinstatement of exemption filed

25 with the Attorney General not later than 60 days
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1 after a regulation removing the exemption is issued

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

3 be a regulated transaction if the transaction occurs

4 during the pendency of the application and, if the

5 Attorney General denies the application, during the

6 period of 60 days following the date on which the

7 Attorney General denies the application, unless—

8 ‘‘(A) the Attorney General has evidence

9 that, applying the factors described in sub10 section (b) to the drug product, the drug prod11 uct is being diverted; and

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

13 applicant.

14 ‘‘(4) AMENDMENT AND MODIFICATION.—A reg15 ulation reinstating an exemption under paragraph

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

17 particular drug product upon a finding that—

18 ‘‘(A) applying the factors described in sub19 section (b) to the drug product, the drug prod20 uct is being diverted; or

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

22 data that led to the issuance of the regula23 tion.’’.

24 (2) CLERICAL AMENDMENT.—The table of con25 tents of the Comprehensive Drug Abuse Prevention
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1 and Control Act of 1970 (84 Stat. 1236) is amended

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

3 B of title II the following new item:

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

4 (c) REGULATION OF LISTED CHEMICALS.—Section

5 310 of the Controlled Substances Act (21 U.S.C. 830) is

6 amended—

7 (1) in subsection (a)(1)—

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

9 inserting ‘‘list I chemical’’; and

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

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

12 chemical’’; and

13 (2) in subsection (c)(2)(D), by striking ‘‘precur14 sor chemical’’ and inserting ‘‘chemical control’’.

15 SEC. 3. REGISTRATION REQUIREMENTS.

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

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

18 by striking the period and inserting ‘‘and to the registra19 tion and control of regulated persons and of regulated

20 transactions.’’.

21 (b) PERSONS REQUIRED TO REGISTER UNDER SEC22 TION 302.—Section 302 of the Controlled Substances Act

23 (21 U.S.C. 822) is amended—
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1 (1) in subsection (a)(1), by inserting ‘‘or list I

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

3 appears;

4 (2) in subsection (b)—

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

6 ‘‘controlled substances’’; and

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

8 ‘‘such substances’’;

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

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

11 appears; and

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

13 chemicals’’ after ‘‘controlled substances’’.

14 (c) REGISTRATION REQUIREMENTS UNDER SECTION

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

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

17 new subsection:

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

19 to distribute a list I chemical unless the Attorney General

20 determines that registration of the applicant is inconsist21 ent with the public interest. Registration under this sub22 section shall not be required for the distribution of a drug

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

24 determining the public interest for the purposes of this

25 subsection, the Attorney General shall consider—
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1 ‘‘(1) maintenance by the applicant of effective

2 controls against diversion of listed chemicals into

3 other than legitimate channels;

4 ‘‘(2) compliance by the applicant with applica5 ble Federal, State, and local law;

6 ‘‘(3) any prior conviction record of the appli7 cant under Federal or State laws relating to con8 trolled substances or to chemicals controlled under

9 Federal or State law;

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

11 manufacture and distribution of chemicals; and

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

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

14 (d) DENIAL, REVOCATION, OR SUSPENSION OF REG15 ISTRATION.—Section 304 of the Controlled Substances

16 Act (21 U.S.C. 824) is amended—

17 (1) in subsection (a)—

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

19 after ‘‘controlled substance’’ each place it ap20 pears; and

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

22 ‘‘controlled substances’’;

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

24 chemical’’ after ‘‘controlled substance’’;
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1 (3) in subsection (f), by inserting ‘‘or list I

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

3 it appears; and

4 (4) in subsection (g)—

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

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

7 and

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

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

10 (e) PERSONS REQUIRED TO REGISTER UNDER SEC11 TION 1007.—Section 1007 of the Controlled Substances

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

13 (1) in subsection (a)—

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

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

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

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

18 list I chemical,’’; and

19 (2) in subsection (b)—

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

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

22 place it appears; and

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

24 I chemicals’’ after ‘‘controlled substances’’.
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1 (f) REGISTRATION REQUIREMENTS UNDER SECTION

2 1008.—Section 1008 of the Controlled Substances Import

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

4 (1) in subsection (c)—

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

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

7 paragraph:

8 ‘‘(2)(A) The Attorney General shall register an appli9 cant to import or export a list I chemical unless the Attor10 ney General determines that registration of the applicant

11 is inconsistent with the public interest. Registration under

12 this subsection shall not be required for the import or ex13 port of a drug product that is exempted under section

14 102(39)(A)(iv).

15 ‘‘(B) In determining the public interest for the pur16 poses of subparagraph (A), the Attorney General shall

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

18 (2) in subsection (d)—

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

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

21 and

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

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

24 place it appears;
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1 (3) in subsection (e), by striking ‘‘and 307’’

2 and inserting ‘‘307, and 310’’; and

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

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

5 each place it appears.

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

7 Controlled Substances Act (21 U.S.C. 843(a)) is amend8 ed—

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

10 read as follows:

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

12 flask, tableting machine, encapsulating machine, or

13 gelatin capsule, or any equipment, chemical, prod14 uct, or material which may be used to manufacture

15 a controlled substance or listed chemical, knowing,

16 intending, or having reasonable cause to believe, that

17 it will be used to manufacture a controlled substance

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

19 ‘‘(7) to manufacture, distribute, export, or im20 port any three-neck round-bottom flask, tableting

21 machine, encapsulating machine, or gelatin capsule,

22 or any equipment, chemical, product, or material

23 which may be used to manufacture a controlled sub24 stance or listed chemical, knowing, intending, or

25 having reasonable cause to believe, that it will be
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1 used to manufacture a controlled substance or listed

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

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

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

5 it is exported;’’;

6 (2) by striking the period at the end of para7 graph (8) and inserting ‘‘; or’’; and

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

9 paragraph:

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

11 chemical without the registration required by this

12 title or title III.’’.

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

14 PENALTIES.

15 (a) NOTIFICATION, SUSPENSION OF SHIPMENT, AND

16 PENALTIES WITH RESPECT TO IMPORTATION AND EX17 PORTATION OF LISTED CHEMICALS.—Section 1018 of the

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

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

20 subsection:

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

22 a broker or trader for an international transaction in a

23 listed chemical that is a regulated transaction solely be24 cause of that person’s involvement as a broker or trader

25 shall, with respect to that transaction, be subject to all
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1 of the notification, reporting, recordkeeping, and other re2 quirements placed upon exporters of listed chemicals by

3 this title and title II.’’.

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

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

6 960(d)) is amended to read as follows:

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

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

9 intent to manufacture a controlled substance in vio10 lation of this title or title II;

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

12 laws of the country to which the chemical is ex13 ported or serves as a broker or trader for an inter14 national transaction involving a listed chemical, if

15 the transaction is in violation of the laws of the

16 country to which the chemical is exported;

17 ‘‘(3) imports or exports a listed chemical know18 ing, or having reasonable cause to believe, that the

19 chemical will be used to manufacture a controlled

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

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

22 broker or trader for an international transaction in23 volving a listed chemical, knowing, or having reason24 able cause to believe, that the chemical will be used

25 to manufacture a controlled substance in violation of
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1 the laws of the country to which the chemical is ex2 ported,

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

4 more than 10 years, or both.’’.

5 SEC. 5. EXEMPTION AUTHORITY; ANTISMUGGLING PROVI6 SION.

7 (a) NOTIFICATION REQUIREMENT.—Section 1018 of

8 the Controlled Substances Import and Export Act (21

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

10 is amended by adding at the end the following new sub11 section:

12 ‘‘(e)(1) The Attorney General may by regulation re13 quire that the 15-day notification requirement of sub14 section (a) apply to all exports of a listed chemical to a

15 specified country, regardless of the status of certain cus16 tomers in such country as regular customers, if the Attor17 ney General finds that such notification is necessary to

18 support effective chemical diversion control programs or

19 is required by treaty or other international agreement to

20 which the United States is a party.

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

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

23 chemical to a specified country if the Attorney General

24 determines that such notification is not required for effec25 tive chemical diversion control. If the notification require-
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1 ment is waived, exporters of the listed chemical shall be

2 required to submit to the Attorney General reports of indi3 vidual exportations or periodic reports of such exportation

4 of the listed chemical, at such time or times and contain5 ing such information as the Attorney General shall estab6 lish by regulation.

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

8 the 15-day notification requirement for the importation of

9 a listed chemical if the Attorney General determines that

10 such notification is not necessary for effective chemical di11 version control. If the notification requirement is waived,

12 importers of the listed chemical shall be required to submit

13 to the Attorney General reports of individual importations

14 or periodic reports of the importation of the listed chemi15 cal, at such time or times and containing such information

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

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

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

19 960(d)), as amended by section 4(b) of this Act, is amend20 ed—

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

22 (3);

23 (2) by striking the comma at the end of para24 graph (4) and inserting a semicolon; and
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1 (3) by adding at the end the following new

2 paragraphs:

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

4 the intent to evade the reporting or recordkeeping

5 requirements of section 1018 applicable to such im6 portation or exportation by falsely representing to

7 the Attorney General that the importation or expor8 tation qualifies for a waiver of the 15-day notifica9 tion requirement granted pursuant to section

10 1018(e) (2) or (3) by misrepresenting the actual

11 country of final destination of the listed chemical or

12 the actual listed chemical being imported or ex13 ported; or

14 ‘‘(6) imports or exports a listed chemical in vio15 lation of section 1007 or 1018,’’.

16 SEC. 6. ADMINISTRATIVE INSPECTIONS AND AUTHORITY.

17 Section 510 of the Controlled Substances Act (21

18 U.S.C. 880) is amended—

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

20 follows:

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

22 and other establishments, and conveyances, where

23 persons registered under section 303 (or exempt

24 from registration under section 302(d) or by regula25 tion of the Attorney General) or regulated persons
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1 may lawfully hold, manufacture, distribute, dispense,

2 administer, or otherwise dispose of controlled sub3 stances or listed chemicals or where records relating

4 to those activities are maintained.’’; and

5 (2) in subsection (b)(3)—

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

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

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

9 listed chemical’’ after ‘‘controlled substance’’

10 and inserting ‘‘or chemical’’ after ‘‘such sub11 stance’’.

12 SEC. 7. THRESHOLD AMOUNTS.

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

14 (21 U.S.C. 802(39)(A)), as amended by section 2, is

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

16 General establishes a threshold amount for a specific listed

17 chemical,’’ before ‘‘a threshold amount, including a cumu18 lative threshold amount for multiple transactions’’.

19 SEC. 8. AMENDMENTS TO LIST I.

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

21 U.S.C. 802(34)) is amended—

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

23 (W);

24 (2) by redesignating subparagraphs (P) through

25 (T) as (O) through (S), subparagraph (V) as (T),
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1 and subparagraphs (X) and (Y) as (U) and (X), re2 spectively;

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

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

5 ‘‘(U)’’; and

6 (4) by inserting after subparagraph (U), as re7 designated by paragraph (2), the following new sub8 paragraphs:

9 ‘‘(V) benzaldehyde.

10 ‘‘(W) nitroethane.’’.

11 SEC. 9. ELIMINATION OF REGULAR SUPPLIER STATUS AND

12 CREATION OF REGULAR IMPORTER STATUS.

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

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

15 as follows:

16 ‘‘(37) The term ‘regular importer’ means, with re17 spect to a listed chemical, a person that has an established

18 record as an importer of that listed chemical that is re19 ported to the Attorney General.’’.

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

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

22 (1) in subsection (b)—

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

24 supplier of the regulated person’’ and inserting

25 ‘‘to an importation by a regular importer’’; and
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1 (B) in paragraph (2)—

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

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

4 customer of a regulated person or to an

5 importer’’; and

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

7 inserting ‘‘the importer as a regular im8 porter’’; and

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

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

11 SEC. 10. REPORTING OF LISTED CHEMICAL MANUFACTUR12 ING.

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

14 U.S.C. 830(b)) is amended—

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

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

17 and (4) as subparagraphs (A), (B), (C), and (D), re18 spectively;

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

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

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

22 ‘‘subparagraph (B)’’;

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

24 ‘‘subparagraph (C)’’; and
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1 (6) by adding at the end the following new

2 paragraph:

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

4 listed chemical shall report annually to the Attorney

5 General, in such form and manner and containing

6 such specific data as the Attorney General shall pre7 scribe by regulation, information concerning listed

8 chemicals manufactured by the person. The require9 ment of the preceding sentence shall not apply to the

10 manufacture of a drug product that is exempted

11 under section 102(39)(A)(iv).’’.

12 SEC. 11. EFFECTIVE DATE.

13 This Act and the amendments made by this Act shall

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

15 of enactment of this Act.

Æ

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