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Public Law103th CongressHealth
H.R. 3216Became Law

Domestic Chemical Diversion Control Act of 1993

This bill became law

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What it doesSummary passed house amended (Nov 21, 1993)

Domestic Chemical Diversion Control Act of 1993 - 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 definitions of "regulated person" (to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine) and "regulated transaction" (to include international transactions involving shipment of a threshold amount of a listed chemical and to exclude specified transactions).

(Sec. 2) Removes the exemption for products in which ephedrine is the only active medicinal ingredient in therapeutic amounts. Permits the Attorney General to remove 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, with exceptions.

(Sec. 3) 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.

(Sec. 4) 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 such transaction subject to all of the notification, reporting, recordkeeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Sets penalties for knowingly or intentionally importing or exporting a listed chemical in violation of the registration requirements.

(Sec. 5) 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.

(Sec. 6) Makes provisions of the Comprehensive Act regarding administrative inspections, and threshold amounts of substances applicable to listed chemicals, as well as to controlled substances.

(Sec. 8) Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine.

(Sec. 9) Eliminates "regular supplier" status and creates "regular importer" status.

(Sec. 10) 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.

What just happenedDec 17, 1993

Became Public Law No: 103-200.

Who’s behind it

Rep. Stupak, Bart [D-MI-1](D-MI)Sponsor
10 cosponsors7 D3 R
Read on Congress.gov
10cosponsors2committees31actions1related bills24subjects
  1. Dec 17, 1993PresidentE40000

    Became Public Law No: 103-200.

  2. Dec 17, 1993BecameLaw36000

    Became Public Law No: 103-200.

  3. Dec 17, 1993PresidentE30000

    Signed by President.

  4. Dec 17, 1993BecameLaw36000

    Signed by President.

  5. Dec 8, 1993FloorE20000

    Presented to President.

  6. Dec 8, 1993President28000

    Presented to President.

  7. Nov 26, 1993Floor

    Message on Senate action sent to the House.

  8. Nov 24, 1993Floor

    Passed Senate without amendment by Voice Vote. (consideration: CR S17225)

  9. Nov 24, 1993Floor17000

    Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.(consideration: CR S17225)

  10. Nov 22, 1993IntroReferral

    Received in the Senate, read twice.

  11. Nov 21, 1993FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  12. Nov 21, 1993FloorH37300

    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

  13. Nov 21, 1993Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

  14. Nov 21, 1993FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate.

  15. Nov 21, 1993FloorH30000

    Considered under suspension of the rules. (consideration: CR H10541-10545)

  16. Nov 21, 1993FloorH30300

    Mr. Waxman moved to suspend the rules and pass the bill, as amended.

  17. Nov 18, 1993CommitteeH12200

    Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 103-379, Part I.

    Energy and Commerce Committee
  18. Nov 18, 1993Committee5000

    Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 103-379, Part I.

    Energy and Commerce Committee
  19. Nov 16, 1993CommitteeH19000

    Ordered to be Reported (Amended) by Voice Vote.

    Energy and Commerce Committee
  20. Nov 16, 1993CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Energy and Commerce Committee
  21. Nov 10, 1993CommitteeH23000

    Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.

    Health and Environment Subcommittee
  22. Nov 10, 1993CommitteeH22000

    Subcommittee Consideration and Mark-up Session Held.

    Health and Environment Subcommittee
  23. Nov 3, 1993IntroReferralB00100

    Sponsor introductory remarks on measure. (CR H8791-8793)

  24. Oct 26, 1993CommitteeH11000

    Referred to the Subcommittee on Health and the Environment.

    Health and Environment Subcommittee
  25. Oct 13, 1993IntroReferralB00100

    Sponsor introductory remarks on measure. (CR H7713)

  26. Oct 8, 1993CommitteeH11000

    Referred to the Subcommittee on Crime and Criminal Justice.

    Crime and Federal Government Surveillance Subcommittee
  27. Oct 5, 1993IntroReferralH11100

    Referred to the House Committee on Judiciary.

    Judiciary Committee
  28. Oct 5, 1993IntroReferralH11100

    Referred to the House Committee on Energy and Commerce.

    Energy and Commerce Committee
  29. Oct 5, 1993IntroReferralB00100

    Sponsor introductory remarks on measure. (CR E2341)

  30. Oct 5, 1993IntroReferralIntro-H

    Introduced in House

  31. Oct 5, 1993IntroReferral1000

    Introduced in House

Passed House amendedNov 21, 199336

Domestic Chemical Diversion Control Act of 1993 - 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 definitions of "regulated person" (to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine) and "regulated transaction" (to include international transactions involving shipment of a threshold amount of a listed chemical and to exclude specified transactions).

(Sec. 2) Removes the exemption for products in which ephedrine is the only active medicinal ingredient in therapeutic amounts. Permits the Attorney General to remove 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, with exceptions.

(Sec. 3) 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.

(Sec. 4) 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 such transaction subject to all of the notification, reporting, recordkeeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Sets penalties for knowingly or intentionally importing or exporting a listed chemical in violation of the registration requirements.

(Sec. 5) 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.

(Sec. 6) Makes provisions of the Comprehensive Act regarding administrative inspections, and threshold amounts of substances applicable to listed chemicals, as well as to controlled substances.

(Sec. 8) Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine.

(Sec. 9) Eliminates "regular supplier" status and creates "regular importer" status.

(Sec. 10) 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.

Introduced in HouseOct 5, 199300

Domestic Chemical Diversion Control Act of 1993 - Amends the Controlled Substances Act to remove ephedrine products from the legal drug exemption of the Chemical Diversion and Trafficking Act (which currently precludes the application of any of the regulatory control measures of such Act to a listed chemical which is contained in a drug product approved under the Federal Food, Drug, and Cosmetic Act).

Directs the Attorney General to remove from exemption any other drug products which are being diverted to use in the illicit production of controlled substances.

Establishes a registration system for distributors, importers, and exporters of listed chemicals which are diverted within the United States. Directs the Attorney General to register an applicant to distribute, and to import or export, a list I (currently, listed precursor) chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest, based on specified criteria. Amends the Controlled Substances Import and Export Act to set penalties for knowingly or intentionally importing or exporting a listed chemical in violation of such registration requirements.

Makes provisions of the Controlled Substances Act regarding administrative inspections and authority, forfeiture, and threshold amounts of substances applicable to listed chemicals, as well as to controlled substances. (Currently only the latter are covered by such provisions.)