H.R.5717 - Chemical Control Amendments Act of 1992102nd Congress (1991-1992)
|Sponsor:||Rep. Schumer, Charles E. [D-NY-10] (Introduced 07/29/1992)|
|Committees:||House - Energy and Commerce; Judiciary|
|Latest Action:||House - 08/26/1992 Referred to the Subcommittee on Health and the Environment. (All Actions)|
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Summary: H.R.5717 — 102nd Congress (1991-1992)All Information (Except Text)
Introduced in House (07/29/1992)
Chemical Control Amendments Act of 1992 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine.
Redefines "regulated transaction" to: (1) include international transactions involving shipment of a threshold amount of a listed chemical; and (2) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered.
Removes the exemption for products in which ephedrine is the only active medicinal ingredient in therapeutic amounts.
Permits the Attorney General to remove by regulation the exemption for other drugs containing listed chemicals if it is determined that they are being diverted for use in the illicit production of a controlled substance. Sets forth criteria for making such determination. Permits manufactures to retain exemptions for specific drug products if they can demonstrate that such a product is manufactured and distributed in a way which prevents diversion.
Provides registration requirements for list I chemicals, including the authority to revoke or deny based on public interest grounds, immediate suspension in cases of imminent danger to the public health or safety, and criminal penalties for distribution, importation, or exportation without the required registration. Specifies that registration is not required for distribution, importation, or exportation of drug products containing list I chemicals covered by the legal drug exemption.
Requires each regulated person that manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person.
Makes any person located in the United States who is a broker or trader for an international transaction in a listed chemical that is a regulated transaction solely because of that person's involvement as broker or trader, with respect to that transaction, subject to all of the notification, reporting, recordkeeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act.
Provides for exemption authority and additional penalties. Authorizes the Attorney General to reduce controls on the importation of specified chemicals by modifying or eliminating the advance notice requirement. Adds specific criminal penalties for: (1) attempting to evade reporting requirements by falsely claiming that a shipment is destined for a country for which a waiver has been established; and (2) smuggling of listed chemicals.
Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine.
Eliminates "regular supplier" status and creates "regular importer" status.
Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained.
Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from the manufacture of a controlled substance other than as required under the Solid Waste Disposal Act. Specifies that, in addition to a penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical.
Subjects listed chemicals to the same forfeiture provisions which apply to controlled substances.
Amends the Health Care Quality Improvement Act of 1986 to require the Secretary of Health and Human Services to make available to the Attorney General information in the national practitioner data bank.