REGULATION OF LISTED CHEMICALS AND CERTAIN MACHINES.

SEC. 6052. REGULATION OF LISTED CHEMICALS AND CERTAIN MACHINES. (a) In General.—Section 310 of the Controlled Substances Act (21 U.S.C. 830) is amended to read as follows: 102 STAT. 4313 “regulation of listed chemicals and certain machines“Sec. 310. (a)(1) Each regulated person who engages in a regulated transaction involving a listed chemical, a tableting machine, or an encapsulating machine shall keep a record of the transaction— “(A) for 4 years after the date of the transaction, if the listed chemical is a precursor chemical or if the transaction involves a tableting machine or an encapsulating machine; and “(B) for 2 years after the date of the transaction, if the listed chemical is an essential chemical. “(2) A record under this subsection shall be retrievable and shall include the date of the regulated transaction, the identity of each party to the regulated transaction, a statement of the quantity and form of the listed chemical, a description of the tableting machine or encapsulating machine, and a description of the method of transfer. Such record shall be available for inspection and copying by the Attorney General. “(3) It is the duty of each regulated person who engages in a regulated transaction to identify each other party to the transaction. It is the duty of such other party to present proof of identity to the regulated person. The Attorney General shall specify by regulation the types of documents and other evidence that constitute proof of identity for purposes of this paragraph. “(b) Each regulated person shall report to the Attorney General, in such form and manner as the Attorney General shall prescribe by regulation— “(1) any regulated transaction involving an extraordinary quantity of a listed chemical, an uncommon method of payment or delivery, or any other circumstance that the regulated person believes may indicate that the listed chemical will be used in violation of this title; “(2) any proposed regulated transaction with a person whose description or other identifying characteristic the Attorney General furnishes in advance to the regulated person; “(3) any unusual or excessive loss or disappearance of a listed chemical under the control of the regulated person; and “(4) any regulated transaction in a tableting machine or an encapsulating machine. Each report under paragraph (1) shall be made at the earliest practicable opportunity after the regulated person becomes aware of the circumstance involved. A regulated person may not complete a transaction with a person whose description or identifying characteristic is furnished to the regulated person under paragraph (2) unless the transaction is approved by the Attorney General. The Attorney General shall make available to regulated persons guidance documents describing transactions and circumstances for which reports are required under paragraph (1) and paragraph (3). “(c)(1) Except as provided in paragraph (2), any information obtained by the Attorney General under this section which is exempt from disclosure under section 552(a) of title 5, United States Code, by reason of section 552(b)(4) of such title, is confidential and may not be disclosed to any person. “(2) Information referred to in paragraph (1’) may be disclosed only— “(A) to an officer or employee of the United States engaged in carrying out this title, title III, or the customs laws; 102 STAT. 4314 “(B) when relevant in any investigation or proceeding for the enforcement of this title, title III, or the customs laws; “(C) when necessary to comply with an obligation of the United States under a treaty or other international agreement; or “(D) to a State or local official or employee in conjunction with the enforcement of controlled substances laws or precursor chemical laws. “(3) The Attorney General shall— “(A) take such action as may be necessary to prevent unauthorized disclosure of information by any person to whom such information is disclosed under paragraph (2); and “(B) issue guidelines that limit, to the maximum extent feasible, the disclosure of proprietary business information, including the names or identities of United States exporters of listed chemicals, to any person to whom such information is disclosed under paragraph (2). “(4) Any person who is aggrieved by a disclosure of information in violation of this section may bring a civil action against the violator for appropriate relief. “(5) Notwithstanding paragraph (4), a civil action may not be brought under such paragraph against investigative or law enforcement personnel of the Drug Enforcement Administration.”. (b) Clerical Amendment.—The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by striking out the item relating to section 310 and inserting in lieu thereof the following: “310. Regulation of listed chemicals and certain machines.”.