SEC. 424. PENALTIES FOR MANUFACTURE OF LISTED
CHEMICALS OUTSIDE THE UNITED STATES
WITH INTENT TO IMPORT THEM INTO THE
UNITED STATES.
(a) Section 1009(a) of the Controlled Substances Im-
port and Export Act (21 U.S.C. 959(a)) is amended—
(1) by inserting ‘‘or listed chemical’’ after
‘‘schedule I or II’’; and
(2) by inserting ‘‘or chemical’’ after ‘‘sub-
stance’’ in subparagraphs (1) and (2).
(b) Section 1010(d) of the Controlled Substances Im-
port and Export Act (21 U.S.C. 960(d)) is amended—
(1) by deleting ‘‘or’’ at the end of paragraph
(5);
(2) by inserting ‘‘or’’ at the end of paragraph
(6); and
(3) by adding a new paragraph (7) as follows:
‘‘(7) manufactures, possesses with intent to dis-
tribute, or distributes a listed chemical in violation
of section 959 of this title;’’.
SEC. 425. PENALTIES FOR DANGEROUS HANDLING OF LIST-
ED CHEMICALS.
(a) The Controlled Substances Act is amended by
adding at the end of Part D the following new section:
‘‘§ 864. Dangerous handling of listed chemicals
‘‘(a) OFFENSE.—It is unlawful for a person to gen-
erate, transport, treat, store, dispose of, use, possess, dis-
tribute, import or export a listed chemical, or the waste
from the use of such chemical, in the manufacture or at-
tempted manufacture of a controlled substance, or with
the knowledge or intent that such listed chemical will be
used in the illegal manufacture of a controlled substance,
including but not limited to the clandestine laboratory set-
ting—
‘‘(1) in violation of—
‘‘(A) section 3008(d) or (e) of the Solid
Waste Disposal Act (42 U.S.C. 6928(d) or (e)
(relating to handling hazardous waste in a man-
ner inconsistent with Federal or applicable state
law);
‘‘(B) section 103(b) of the Comprehensive
Environmental Response, Compensation and Li-
ability Act (42 U.S.C. 9603(b)) (relating to fail-
ure to notify as to the release of a reportable
quantity of a hazardous substance);
‘‘(C) Sections 301(a), 307(d), 309(c) (2)
or (3), or 311(b)(3) of the Federal Water Pollu-
tion Act (33 U.S.C. 1311(a), 1317(d), 1319(c)
(2) or (3), or 1321(b)(3) (relating to the unlaw-
ful discharge of pollutants or hazardous sub-
stances; operation of a source in violation of a
pretreatment standard); or
‘‘(D) 49 U.S.C. 5124 (violations of laws
and regulations enforced by the Department of
Transportation with respect to the transpor-
tation of hazardous material); or
‘‘(2) in any manner posing an imminent danger
to the health and safety of another person, including
any federal, state or local law enforcement official
lawfully present at the site.
‘‘(b) PENALTIES.—(1) A person who violates this sec-
tion shall be fined under title 18, United States Code, and
shall be sentenced to the greater of:
‘‘(A) imprisonment for not less than two nor
more than four years;
‘‘(B) imprisonment for not less than five nor
more than fifteen years, and up to twice the fine
that could be imposed under subparagraph (A), if
the offense involves a violation of section 3008(e) of
the Solid Waste Disposal Act (42 U.S.C. 6928(e) or
section 309 (c)(2) of the Federal Water Pollution
Act (33 U.S.C. 1319 (c)(3));
‘‘(C) imprisonment for not less than ten nor
more than fifteen years, and up to twice the fine
that could be imposed under subparagraph (A), if
serious bodily injury or death results from the of-
fense; or
‘‘(D) twice the penalty otherwise applicable
under subparagraph (A), (B), or (C), if the defend-
ant committed the offense after a prior conviction
for an offense under this section or for a felony drug
offense.
‘‘(2) Notwithstanding any other provision of law, a
term of imprisonment imposed under this section shall not
run concurrently with any other term of imprisonment, in-
cluding that imposed for the manufacture or attempted
manufacture of controlled substances for which listed
chemicals were used in violation of this section.
‘‘(3) This section is not intended to preclude prosecu-
tion under the provisions of law cited herein, or under any
other law.’’.
(b) The table of sections for Part D of the Controlled
Substances Act is amended by adding at the end the fol-
lowing:
‘‘864. Dangerous handling of listed chemicals.
‘‘(a) Offense.
‘‘(b) Penalties.’’.
SEC. 426. INJUNCTIONS.
Section 403 of the Controlled Substances Act (21
U.S.C. 843) is amended by adding at the end a new sub-
section (f), as follows:
‘‘(f) INJUNCTIONS.—
‘‘(1) In addition to any penalty provided in this
section, the Attorney General is authorized to com-
mence a civil action for appropriate relief, including
a permanent or temporary injunction, where there is
a reasonable basis to believe that a violation of this
section or section 842 of this subtitle is occurring or
will occur. Any action under this subsection may be
brought in the district court of the United States for
the district in which the defendant is located or re-
sides or is doing business, and such court shall have
jurisdiction to restrain such violation.
‘‘(2) The court shall proceed as soon as prac-
ticable to the hearing and determination of such an
action. An action under this subsection is governed
by the Federal Rules of Civil Procedure except that,
if an indictment has been returned against the re-
spondent, discovery is governed by the Federal Rules
of Criminal Procedure.’’.
SEC. 427. SUSPENSION OF SUSPICIOUS TRANSACTIONS IN-
VOLVING LISTED CHEMICALS.
Section 310 of the Controlled Substances Act (21
U.S.C.830) is amended—
(1) by striking the penultimate sentence of
paragraph (b)(1);
(2) by redesignating subsection (c) as sub-
section (d); and
(3) by inserting a new subsection (c), as fol-
lows:
‘‘(c) SUSPENSION OF SUSPICIOUS TRANSACTIONS.—
‘‘(1) If the Attorney General furnishes to a reg-
ulated person the name or other identifying char-
acteristic of a person suspected of handling listed
chemicals in an unlawful manner, then before com-
pleting a transaction with the identified person the
regulated person shall notify the Attorney General of
the transaction in the time and manner directed by
the Attorney General.
‘‘(2) The Attorney General may order the sus-
pension of any transaction involving a listed chemi-
cal, where there is a reasonable basis to believe that
the transaction will facilitate the unlawful manufac-
ture of a listed chemical or controlled substance.
From and after the time when the Attorney General
provides written notice of the order to the regulated
person (including the legal and factual basis for the
order), the regulated person shall not carry out the
transaction.
‘‘(3) Upon written request to the Attorney Gen-
eral, a regulated person to whom an order applies
under paragraph (2) is entitled to an agency hear-
ing, on the record, in accordance with subchapter II
of chapter 5 of title 5, United States Code. The
hearing shall be held on an expedited basis and not
later than 45 days after the request is made, except
that the hearing may be held at a later time, if so
requested by the regulated person.’’.
SEC. 428. DIVERSION OF CERTAIN COMBINATION DRUG
PRODUCTS.
(a) Section 102(39)(A) of the Controlled Substances
Act (21 U.S.C. 802(39)(A)) is amended in subclause
(iv)(I)(aa) by—
(1) striking from ‘‘as’’ through the semicolon at
the end; and
(2) inserting ‘‘, pseudoephedrine or its salts, op-
tical isomers, or salts of optical isomers, or phenyl-
propanolamine or its salts, optical isomers, or salts
of optical isomers unless otherwise provided by regu-
lation of the Attorney General issued pursuant to
section 204(e) of this title;’’.
(b) Section 204 of the Controlled Substances Act (21
U.S.C. 814) is amended by adding at the end the following
new subsection:
‘‘(e) The Attorney General may by regulation rein-
state the exemption with respect to a particular ephedrine,
pseudoephedrine or phenylpropanolamine drug product if
the Attorney General determines that the drug product is
manufactured and distributed in a manner that prevents
diversion. In making this determination the Attorney Gen-
eral shall consider the factors listed in subsection (d)(2)
of this section. Any regulation issued pursuant to this sub-
section may be amended or revoked based on the factors
listed in subsection (d)(4) of this section.
SEC. 429. SEIZURE AND FORFEITURE OF REGULATED
CHEMICALS.
(a) Section 404 of the Controlled Substances Act (21
U.S.C. 844) is amended—
(1) in subsection (a)—
(A) by inserting the following after ‘‘of this
chapter’’ in the first sentence: ‘‘or to possess
any list I chemical obtained pursuant to or
under authority of a registration issued to that
person under section 303 of this title or section
1008 of title III if that registration has been
revoked or suspended, if that registration has
expired or if the registrant has ceased to do
business in the manner contemplated by his
registration’’; and
(B) by inserting ‘‘or chemical’’ after ‘‘drug
or narcotic’’ wherever that phrase appears; and
(2) in subsection (c)—
(A) by inserting ‘‘or chemical’’ after ‘‘drug
or narcotic’’; and
(B) by inserting ‘‘or which is a listed
chemical or a chemical controlled under state
law’’ after ‘‘this subchapter’’.
(b) Section 511(a) of the Controlled Substances Act
(21 U.S.C. 881(a)) is amended—
(1) in paragraph (2) by inserting ‘‘or listed
chemical’’ after ‘‘controlled substance’’;
(2) in paragraph (6) by inserting ‘‘or listed
chemical’’ after ‘‘controlled substance’’; and
(3) in paragraph (9) by striking ‘‘a felony pro-
vision of’’.
(c) Section 607 of the Tariff Act of 1930 (19 U.S.C.
1607) is amended by—
(1) in paragraph (a)(3), inserting ‘‘or listed
chemical’’ after ‘‘controlled substance’’; and
(2) by amending paragraph (b) to read as fol-
lows:
‘‘(b) As used in this section, the terms ‘controlled
substance’ and ‘listed chemical’ have the meaning given
these terms in section 102 of the Controlled Substances
Act (21 U.S.C. 802).’’.
SEC. 430. PENALTIES FOR ADDITIONAL UNLAWFUL ACT.
(a) Section 402(a) of the Controlled Substances Act
(21 U.S.C. 842(a)) is amended by—
(1) in paragraph (9) striking ‘‘or’’ after the
semicolon;
(2) in paragraph (10) by striking the period
and inserting ‘‘; or’’; and
(3) adding a new paragraph (11), as follows:
‘‘(11) to sell or otherwise distribute a labora-
tory supply to a person who uses or attempts to use
the laboratory supply to manufacture a controlled
substance or listed chemical in violation of this sub-
chapter or subchapter II of this chapter, without ex-
ercising reasonable care to assure that the labora-
tory supply will not be used for an illicit purpose;
provided, that the person or firm has been notified
by the Attorney General, or otherwise had actual
knowledge, that within the previous two years, a lab-
oratory supply sold or otherwise distributed by the
person has been found at a clandestine laboratory
for the unlawful production of a controlled substance
or listed chemical, or has been found in the posses-
sion of a person who intends to use or furnish the
laboratory supply to such a clandestine laboratory.
As used in this paragraph, the term ‘laboratory sup-
ply’ means a listed chemical or substance on a spe-
cial surveillance list published by the Attorney Gen-
eral, which list contains chemicals, products, mate-
rials, or equipment used in the manufacture of con-
trolled substances and listed chemicals.’’.
(b) Section 402(c) of the Controlled Substances Act
(21 U.S.C. 842(c)) is amended by adding a new subpara-
graph (2)(C), as follows:
‘‘(C) In addition to the penalties set forth
elsewhere in this subchapter or subchapter II of
this chapter, any person who violates paragraph
(11) of subsection (a) of this section shall, with
respect to any such violation, be subject to a
civil penalty of not more than $100,000 if the
violator is an individual, and not more than
$250,000 if the violator is other than an indi-
vidual, but shall not be subject to criminal pen-
alties for such act under this section.’’.
Æ