II

104TH CONGRESS

2D SESSION S. 1991

Entitled the ‘‘Anti-Gang and Youth Violence Control Act of 1996’’.

IN THE SENATE OF THE UNITED STATES

JULY 25, 1996

Mr. BIDEN (by request) introduced the following bill; which was read twice

and referred to the Committee on the Judiciary

A BILL

Entitled the ‘‘Anti-Gang and Youth Violence Control Act

of 1996’’.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Anti-Gang and Youth Violence Control Act of 1996’’.

6 (b) TABLE OF CONTENTS

TITLE I—ENHANCED PROSECUTION OF DANGEROUS JUVENILE

OFFENDERS

Sec. 101. Short title.

Sec. 102. Delinquency proceedings or criminal prosecutions in district courts.

Sec. 103. Custody prior to appearance before judicial officer.

Sec. 104. Technical and conforming amendments to section 5034.

Sec. 105. Detention prior to disposition or sentencing.

Sec. 106. Speedy trial.

Sec. 107. Disposition; availability of increased detention, fines and supervised

release for juvenile offenders.
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Sec. 108. Records of crimes committed by juvenile delinquents.

Sec. 109. Restriction on commitment.

Sec. 110. Technical amendments of sections 5031 and 5034.

Sec. 111. Serious juvenile delinquency drug trafficking adjudications as armed

career criminals act predicates.

TITLE II—THE STATE AND LOCAL COURT ASSISTANCE PROGRAM

ACT

Sec. 201. Short title.

Sec. 202. Definitions.

SUBTITLE A—JUVENILE GUN COURTS

Sec. 211. Grant authorization.

Sec. 212. Uses of funds.

Sec. 213. Applications.

Sec. 214. Grant awards.

Sec. 215. Limitations on grants; renewal of grants.

Sec. 216. Federal share.

Sec. 217. Report and evaluation.

Sec. 218. Definition.

Sec. 219. Authorization of appropriations.

SUBTITLE B—JUVENILE DRUG COURTS

Sec. 221. Juvenile drug courts.

SUBTITLE C—FLEXIBILITY IN PRISON GRANTS

Sec. 231. Flexible prison grants for post-incarceration monitoring.

TITLE III—THE GUN-FREE CHILDREN AMENDMENTS ACT

Sec. 301. Short title.

SUBTITLE A—GUN-FREE SCHOOL ZONES AMENDMENT ACT

Sec. 311. Interstate nexus.

SUBTITLE B—ENHANCED PROSECUTION AND PUNISHMENT OF ARMED

DANGEROUS FELONS

Sec. 321. Enhanced penalties for discharging or possessing a firearm during a

crime of violence or drug trafficking crime.

TITLE IV—THE KEEPING KIDS DRUG-FREE ACT

SUBTITLE A—PENALTY ENHANCEMENTS

Sec. 411. Increased penalties for using minors to distribute drugs.

Sec. 412. Increased penalties for distributing drugs to minors.

Sec. 413. Increased penalty for drug trafficking in or near a school or other

protected location.

Sec. 414. Temporary authority to reschedule controlled substances to prevent

imminent danger to public safety.

Sec. 415. Increased penalties for using Federal property to grow or manufacture controlled substances.
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Sec. 416. Clarification of length of supervised release terms in controlled substance cases.

Sec. 417. Technical correction to ensure compliance of sentencing guidelines

with provisions of all Federal statutes.

SUBTITLE B—METHAMPHETAMINE CONTROL ACT OF 1996

Sec. 421. Short title.

Sec. 422. Methamphetamine penalty increases.

Sec. 423. Penalty increases for trafficking in regulated chemicals.

Sec. 424. Penalties for manufacture of listed chemicals outside the United

States with intent to import them into the United States.

Sec. 425. Penalties for dangerous handling of listed chemicals.

Sec. 426. Injunctions.

Sec. 427. Suspension of suspicious transactions involving listed chemicals.

Sec. 428. Diversion of certain combination drug products.

Sec. 429. Seizure and forfeiture of regulated chemicals.

Sec. 430. Penalties for additional unlawful act.

1 TITLE I—ENHANCED PROSECUTION OF

2 DANGEROUS JUVENILE OFFENDERS ACT

3 SEC. 101. SHORT TITLE.

4 This Act may be cited as the ‘‘Enhanced Prosecution

5 of Dangerous Juvenile Offenders Act of 1995’’.

6 SEC. 102. DELINQUENCY PROCEEDINGS OR CRIMINAL

7 PROSECUTIONS IN DISTRICT COURTS.

8 Section 5032 of title 18, United States Code, is

9 amended to read as follows:

10 ‘‘§ 5032. Delinquency proceedings or criminal pros11 ecutions in district courts

12 ‘‘(a)(1) A juvenile alleged to have committed an act

13 of juvenile delinquency shall not be proceeded against in

14 a court of the United States unless the Attorney General,

15 after investigation, certifies to the appropriate district

16 court of the United States that (A) the juvenile court or

17 other appropriate court of a State does not have jurisdic-
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1 tion or decline to assume jurisdiction over the juvenile with

2 respect to such act of alleged juvenile delinquency, or (B)

3 the offense charged is described in subsection (b)(2) (i)–

4 (vi), and (C) there is a substantial Federal interest in the

5 case or the offense to warrant the exercise of Federal ju6 risdiction. The requirements of this paragraph do not

7 apply to prosecutions pursuant to subsections (b) or (c)

8 or for offenses committed within the special maritime and

9 territorial jurisdiction of the United States for which the

10 maximum authorized term of imprisonment does not ex11 ceed six months.

12 ‘‘(2) If the Attorney General does not so certify, such

13 juvenile shall be surrendered to the appropriate legal au14 thorities of such State. For purposes of this section, the

15 term ‘State’ includes a State of the United States, the Dis16 trict of Columbia, any commonwealth, territory, or posses17 sion of the United States and, with regard to an act of

18 juvenile delinquency that would have been a misdemeanor

19 if committed by an adult, a federally recognized tribe.

20 ‘‘(3) If a juvenile alleged to have committed an act

21 of juvenile delinquency is not surrendered to the authori22 ties of a State pursuant to this section, any proceedings

23 against the juvenile shall be in an appropriate district

24 court of the United States. For such purposes, the court

25 may be convened at any time and place within the district,
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1 in chambers or otherwise. The Attorney General shall pro2 ceed by information or as authorized by section 3401(g)

3 of this title, and no criminal prosecution shall be instituted

4 except as provided below.

5 ‘‘(b) A juvenile may be prosecuted as an adult under

6 the Federal Rules of Criminal Procedure—

7 ‘‘(1) if the juvenile has requested in writing

8 upon advice of counsel to be proceeded against as an

9 adult; or

10 ‘‘(2) if the juvenile is alleged to have committed

11 an act on or after the juvenile’s fifteenth birthday

12 which if committed by an adult would be—

13 ‘‘(i) a crime of violence (as defined in sec14 tion 3156(a)(4)) that is a felony;

15 ‘‘(ii) an offense described in section

16 844(d), (k), or (l), 922(x), 924 (b), (g), (j), (k),

17 or (l) of this title;

18 ‘‘(iii) a violation of section 922(o) that is

19 an offense under section 924(a)(2) of this title;

20 ‘‘(iv) a violation of section 5861 of the In21 ternal Revenue Code of 1986 that is an offense

22 under section 5871 of such Code (26 U.S.C.

23 5871);

24 ‘‘(v) a conspiracy to violate an offense de25 scribed in subsections (i), (ii), (iii), or (iv); or
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1 ‘‘(vi) an offense described in section 401 or

2 408 of the Controlled Substances Act (21

3 U.S.C. 841, 848) or a conspiracy or attempt to

4 commit that offense which is punishable under

5 section 406 of the Controlled Substances Act

6 (21 U.S.C. 846), or an offense punishable

7 under section 409 or 419 of the Controlled Sub8 stances Act (21 U.S.C. 849, 860), or an offense

9 described in section 1002, 1003, 1005, or 1009

10 of the Controlled Substances Import and Ex11 port Act (21 U.S.C. 952, 953, 955, or 959), or

12 a conspiracy or attempt to commit that offense

13 which is punishable under section 1013 of the

14 Controlled Substances Import and Export Act

15 (21 U.S.C. 963).

16 ‘‘(c) A juvenile may also be prosecuted as an adult

17 under the Federal Rules of Criminal Procedure if the Ju18 venile is alleged to have committed an act on or after the

19 juvenile’s thirteenth birthday and before the juvenile’s fif20 teenth birthday which if committed by an adult would be

21 an offense described in subsection (b)(2) (i)–(vi), upon ap22 proval of the Attorney General or the Attorney General’s

23 designee. Any such designee shall be at a level not lower

24 than a Deputy Assistant Attorney General. Such approval

25 shall not be granted if, with respect to such a juvenile who
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1 is subject to the criminal jurisdiction of an Indian Tribal

2 government and who is alleged to have committed an act

3 over which, if committed by an adult, there would be fed4 eral jurisdiction based solely on its commission in Indian

5 country (as defined in section 1151), the governing body

6 of the tribe having jurisdiction over the place in which the

7 alleged act was committed has prior to such act not noti8 fied the Attorney General in writing of its election that

9 the provisions of this subsection shall apply.

10 ‘‘(d) A determination to approve or not to approve,

11 or to institute or not to institute, a prosecution under sub12 section (b) or (c) shall not be reviewable in any court.

13 ‘‘(e) In a prosecution under subsection (b) or (c), the

14 juvenile may be prosecuted and convicted as an adult for

15 any other offense which is properly joined under the Fed16 eral Rules of Criminal Procedure, and may also be con17 victed of a lesser included offense.’’.

18 SEC. 103. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI19 CIAL OFFICER.

20 Section 5033 of title 18, United States Code, is

21 amended to read as follows:

22 ‘‘§ 5033. Custody prior to appearance before judicial

23 officer

24 ‘‘Whenever a juvenile is taken into custody, the ar25 resting officer shall immediately advise such juvenile of the
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1 juvenile’s rights, in language comprehensible to a juvenile.

2 The arresting officer shall promptly take reasonable steps

3 to notify the juvenile’s parents, guardian, or custodian of

4 such custody, of the rights of the juvenile, and of the na5 ture of the alleged offense.

6 ‘‘The juvenile shall be taken before a judicial officer

7 without unreasonable delay.’’.

8 SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS TO

9 SECTION 5034.

10 Section 5034 of title 18, United States Code, is

11 amended—

12 (1) by designating the existing paragraphs as

13 paragraphs (1), (2), and (3), respectively; and

14 (2) by inserting at the beginning of such section

15 ‘‘In a proceeding under section 5032(a)—’’.

16 SEC. 105. DETENTION PRIOR TO DISPOSITION OR SENTENC17 ING.

18 Section 5035 of title 18, United States Code, is

19 amended to read as follows:

20 ‘‘§ 5035. Detention prior to disposition

21 ‘‘(a)(1) A juvenile 15 years of age or older proceeded

22 against under section 5032 (b) or (c), if detained at any

23 time prior to sentencing, shall be detained in such suitable

24 place as the Attorney General may designate. Preference

25 shall be given to a place located within, or within a reason-
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1 able distance of, the district in which the juvenile is being

2 prosecuted.

3 ‘‘(2) A juvenile less than 15 years of age proceeded

4 against under section 5032 (b) or (c), if detained at any

5 time prior to sentencing, shall be detained in a suitable

6 juvenile facility located within, or within a reasonable dis7 tance of, the district in which the juvenile is being pros8 ecuted. If such a facility is not available, such a juvenile

9 may be detained in any other suitable facility located with10 in, or within a reasonable distance of, such district. If no

11 such facility is available, such a juvenile may be detained

12 in any other suitable place as the Attorney General may

13 designate.

14 ‘‘(3) To the maximum extent feasible, a juvenile less

15 than 15 years of age proceeded against under section 5032

16 (b) or (c) shall not be detained prior to sentencing in any

17 facility in which the juvenile has regular contact with adult

18 persons convicted of a crime or awaiting trail on criminal

19 charges.

20 ‘‘(b) A juvenile proceeded against under section

21 5032(a) shall not be detained prior to disposition in any

22 facility in which the person has regular contact with adult

23 persons convicted of a crime or awaiting trail on criminal

24 charges.
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1 ‘‘(c) Every juvenile who is detained prior to disposi2 tion or sentencing shall be provided with reasonable safety

3 and security and with adequate food, heat, light, sanitary

4 facilities, bedding, clothing, recreation, education, and

5 medical care, including necessary psychiatric, psycho6 logical, or other care and treatment.’’.

7 SEC. 106. SPEEDY TRAIL.

8 Section 5036 of title 18, United States Code, is

9 amended by—

10 (1) striking ‘‘If an alleged delinquent’’ and in11 serting ‘‘If a juvenile proceeded against under sec12 tion 5032(a)’’;

13 (2) striking ‘‘thirty’’ and inserting ‘‘forty-five’’;

14 and

15 (3) striking ‘‘the court,’’and everything that fol16 lows and inserting ‘‘the court. The periods of exclu17 sion under section 3161(h) of this title shall apply

18 to this section.’’.

19 SEC. 107. DISPOSITION; AVAILABILITY OF INCREASED DE20 TENTION, FINES AND SUPERVISED RELEASE

21 FOR JUVENILE OFFENDERS.

22 Section 5037 of title 18, United States Code, is

23 amended to read as follows:
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1 ‘‘§ 5037. Disposition

2 ‘‘(a) In a proceeding under 5032(a), if the court finds

3 a juvenile to be a juvenile delinquent, the court shall hold

4 a hearing concerning the appropriate disposition of the ju5 venile no later than forty court days after the finding of

6 juvenile delinquency unless the court has ordered further

7 study pursuant to subsection (e). A predisposition report

8 shall be prepared by the probation officer who shall

9 promptly provide a copy to the juvenile, the juvenile’s

10 counsel, and the attorney for the government. Victim im11 pact information shall be included in the report, and vic12 tims, or in appropriate cases their official representatives,

13 shall be provided the opportunity to make a statement to

14 the court in person or present any information in relation

15 to the disposition. After the dispositional hearing, and

16 after considering any pertinent policy statements promul17 gated by the Sentencing Commission pursuant to 28

18 U.S.C. 994, the court shall enter an order to restitution

19 pursuant to section 3556, and may suspend the findings

20 of juvenile delinquency, place the juvenile on probation,

21 commit the juvenile to official detention (including the

22 possibility of a term of supervised release), and impose any

23 fine that would be authorized if the juvenile had been tried

24 and convicted as an adult. With respect to release or de25 tention pending an appeal or a petition for a writ of certio-
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1 rari after disposition, the court shall proceed pursuant to

2 the provisions of chapter 207.

3 ‘‘(b) The term for which probation may be ordered

4 for a juvenile found to be a juvenile delinquent may not

5 extend beyond the maximum term that would be author6 ized by section 3561(c) if the juvenile had been tried and

7 convicted as an adult. Sections 3563, 3564, and 3565 are

8 applicable to an order placing a juvenile on probation.

9 ‘‘(c) The term for which official detention may be or10 dered for a juvenile found to be a juvenile delinquent may

11 not extend beyond the lesser of—

12 ‘‘(1) the maximum term of imprisonment that

13 would be authorized if the juvenile had been tried

14 and convicted as an adult;

15 ‘‘(2) ten years; or

16 ‘‘(3) the date when the juvenile becomes twen17 ty-six years old.

18 Section 3624 is applicable to an order placing a juvenile

19 in detention.

20 ‘‘(d) The term for which supervised release may be

21 ordered for a juvenile found to be a juvenile delinquent

22 may not extend beyond five years. Sections 3583 (c)–(i)

23 are applicable to an order placing a juvenile on supervised

24 release.
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1 ‘‘(e) If the court desires more detailed information

2 concerning a juvenile alleged to have committed an act of

3 juvenile delinquency or a juvenile adjudicated delinquent,

4 it may commit the juvenile, after notice and hearing at

5 which the juvenile is represented by counsel, to the custody

6 of the Attorney General for observation and study by an

7 appropriate agency or entity. Such observation and study

8 shall be conducted on an outpatient basis, unless the court

9 determines that inpatient observation and study are nec10 essary to obtain the desired information. In the case of

11 an alleged juvenile delinquent, inpatient study may be or12 dered only with the consent of the juvenile and the juve13 nile’s attorney. The agency or entity shall make a complete

14 study of the alleged or adjudicated delinquent to ascertain

15 the juvenile’s personal traits, capabilities, background,

16 previous delinquency or criminal experience, mental or

17 physical defect, and any other relevant factors. The Attor18 ney General shall submit to the court and the attorneys

19 for the juvenile and the government the results of the

20 study within thirty days after the commitment of the juve21 nile, unless the court grants additional time. Time spent

22 in custody under this subsection shall be excluded for pur23 poses of section 5036.

24 ‘‘(f) With respect to any juvenile prosecuted and con25 victed as an adult under section 5032(c), the court may,
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1 pursuant to guidelines promulgated by the United States

2 Sentencing Commission under section 994 of title 28, de3 termine to treat the conviction as an adjudication of delin4 quency and impose any disposition authorized under this

5 section. The United States Sentencing Commission shall

6 promulgate such guidelines as soon as practicable and not

7 later than one year from the date of enactment of this

8 Act.’’.

9 SEC. 108. RECORDS OF CRIMES COMMITTED BY JUVENILE

10 DELINQUENTS.

11 (a) Section 5038 of title 18, United States Code, is

12 amended—

13 (1) in subsection (a), by amending the introduc14 tory language before the colon to read as follows:

15 ‘‘Throughout and upon completion of the juvenile

16 delinquency proceeding pursuant to section 5032(a),

17 the court records of the original proceeding shall be

18 safeguarded from disclosure to unauthorized per19 sons. The records shall be released to the extent nec20 essary to meet the following circumstances’’;

21 (2) in subsection (a), by adding in paragraph

22 (3) before the semicolon ‘‘or analysis requested by

23 the Attorney General’’;

24 (3) in subsection (a), by amending paragraph

25 (6) to read as follows:
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1 ‘‘(6) communications with any victim of such

2 juvenile delinquency, or in appropriate cases with

3 the official representative of the victim, in order to

4 apprise such victim or representative of the status or

5 disposition of the proceeding or in order to effec6 tuate any other provision of law or to assist in a vic7 tim’s, or the victim’s official representative’s, allocu8 tion at disposition.’’; and

9 (4) by striking subsections (d) and (f), by re10 designating subsection (e) as subsection (d), by in11 serting ‘‘pursuant to section 5032 (b) or (c)’’ after

12 ‘‘adult’’ in subsection (d) as so redesignated, and by

13 adding at the end new subsections (e) and (f) as fol14 lows:

15 ‘‘(e) Whenever a juvenile has been adjudicated delin16 quent for an act that if committed by an adult would be

17 a felony or for a violation of section 922(x), the juvenile

18 shall be fingerprinted and photographed, and the finger19 prints and photograph shall be sent to the Federal Bureau

20 of Investigation. The court shall also transmit to the Fed21 eral Bureau of Investigation the information concerning

22 the adjudication, including name, date of adjudication,

23 court, offenses, and sentence, along with the notation that

24 the matter was a juvenile adjudication. The fingerprints,

25 photograph, and other records and information relating to
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1 a juvenile described in this subsection, or to a juvenile who

2 is prosecuted as an adult pursuant to section 5032 (b)

3 or (c), shall be made available in the manner applicable

4 to adult defendants.

5 ‘‘(f) In addition to any other authorization under this

6 section for the reporting, retention, disclosure, or avail7 ability of records or information, if the law of the State

8 in which a Federal juvenile delinquency proceeding takes

9 place permits or requires the reporting, retention, disclo10 sure, or availability of records or information relating to

11 a juvenile or to a juvenile delinquency proceeding or adju12 dication in certain circumstances, then such reporting, re13 tention, disclosure, or availability is permitted under this

14 section whenever the same circumstances exist.’’.

15 SEC. 109. RESTRICTION ON COMMITMENT.

16 Section 5039 of title 18, United States Code, is

17 amended to read as follows:

18 ‘‘§ 5039. Commitment

19 ‘‘(a) The Attorney General shall not cause any

20 juvenile less than 21 years of age adjudicated delin21 quent under section 5032(a) to be placed or retained

22 in an adult jail or correctional facility in which the

23 juvenile has regular contact with adults incarcerated

24 because they have been convicted of a crime or are
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1 awaiting trial on criminal charges, except for place2 ment in a community-based facility.

3 ‘‘(b) Every juvenile adjudicated delinquent who

4 has been committed shall be provided with reason5 able safety and security and with adequate food,

6 heat, light, sanitary facilities, bedding, clothing,

7 recreation, counseling, education, training, and med8 ical care including necessary psychiatric, psycho9 logical, or other care and treatment.’’.

10 SEC. 110. TECHNICAL AMENDMENTS OF SECTION 5031 AND

11 5034.

12 (a) Sections 5031 and 5034 of title 18, United States

13 Code, are each amended by striking ‘‘his’’ each place it

14 appears and inserting ‘‘the juvenile’s’’.

15 (b) Section 5034 of title 18, United States Code, is

16 amended by striking ‘‘magistrate’’ each place it appears

17 and inserting ‘‘judicial officer’’.

18 SEC. 111. SERIOUS JUVENILE DELINQUENCY DRUG TRAF19 FICKING ADJUDICATIONS AS ARMED CAREER

20 CRIMINAL ACT PREDICATES.

21 Section 924(e)(2)(A) of title 18, United States Code,

22 is amended—

23 (1) by striking ‘‘or’’ at the end of clause (i);

24 (2) by inserting ‘‘or’’ at the end of clause (ii);

25 and (3) by adding at the end the following:
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1 ‘‘(iii) any act of juvenile delinquency

2 that if committed by an adult would be a

3 serious drug offense described in this para4 graph;’’.

5 TITLE II—THE STATE AND LOCAL COURT

6 ASSISTANCE PROGRAM ACT

7 SEC. 201. SHORT TITLE.

8 This title may be cited as the ‘‘State and Local Courts

9 Assistance Program Act of 1996’’.

10 SEC. 202. DEFINITIONS.

11 Unless otherwise provided, for purposes of this title—

12 (1) the term ‘‘juvenile’’ has the meaning given

13 such term under State law; and

14 (2) the term ‘‘State’’ means any State of the

15 United States, the District of Columbia, the Com16 monwealth of Puerto Rio, the Virgin Islands, Amer17 ican Samoa, Guam, and the Northern Mariana Is18 lands.

19 Subtitle A—Juvenile Gun Courts

20 SEC. 211. GRANT AUTHORIZATION.

21 (a) The Attorney General may provide grants to States,

22 State courts, local courts, units of local government, and

23 Indian tribes, and Alaskan Native Villages for court-based

24 juvenile justice programs that target young firearm of25 fenders through the establishment of juvenile gun courts.
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1 (b) CONTINUED AVAILABILITY OF GRANT FUNDS.—

2 Amounts made available under this part shall remain

3 available until expended.

4 SEC. 212. USES OF FUNDS.

5 Grants made by the Attorney General under this section

6 shall be used to fund programs that—

7 (1) establish juvenile gun courts for adjudication

8 and prosecution of juvenile firearm offenders;

9 (2) grant prosecutorial discretion to try, in a gun

10 court, cases involving the illegal possession, use,

11 transfer, or threatened use of a firearm by a juve12 nile;

13 (3) require prosecutors to transfer such cases to

14 the gun court calendar no later than 30 days after

15 arraignment;

16 (4) require that gun court trials commence not

17 later than 60 days after transfer to the gun court;

18 (5) allow prosecution of appropriately aged offend19 ers as adults or juveniles in accordance with State

20 law;

21 (6) facilitate innovative and individualized sen22 tencing (such as incarceration, house arrest, victim

23 impact classes, electronic monitoring, restitution,

24 and gang prevention programs);
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1 (7) provide services in furtherance of paragraph

2 (6);

3 (8) limit grounds for continuances and grant con4 tinuances only for the shortest practicable time; and

5 (9) allow transfer of a case or an offender out of

6 the gun court by agreement of the parties, subject

7 to court approval.

8 SEC. 213. APPLICATIONS.

9 (a) ELIGIBILITY.—In order to be eligible to receive a

10 grant under this subtitle, the chief executive or chief jus11 tice of a State or the chief executive or chief judge of a

12 unit of local government or Indian tribe shall submit an

13 application to the Attorney General in such form and con14 taining such information as the Attorney General may rea15 sonably require.

16 (b) REQUIREMENTS.—Each application shall in17 clude—

18 (1) a request for funds for the purposes described

19 in section 212;

20 (2) a description of the communities to be served

21 by the grant, including the nature of juvenile crime,

22 juvenile violence, and juvenile firearm use and pos23 session in such communities;

24 (3) assurances that Federal funds received under

25 this subtitle shall be used to supplement, not sup-
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1 plant, non-Federal funds that would otherwise be

2 available for activities funded under this section;

3 (4) statistical information in such form and con4 taining such information as the Attorney General

5 may require; and

6 (5) any additional information the Attorney Gen7 eral may reasonably require.

8 (c) IMPLEMENTATION PLAN.—Each applicant shall in9 clude a comprehensive implementation plan that con10 tains—

11 (1) a description of the applicant jurisdiction’s

12 juvenile crime and juvenile violence problem, includ13 ing gang crime, and juvenile firearm use and posses14 sion;

15 (2) and action plan outlining how the applicant

16 will achieve the purpose described in section 212;

17 (3) a description of any resources available in

18 the community to implement the plan; and

19 (4) a description of the applicant’s plan for

20 evaluating the performance of the gun court.

21 SEC. 214. GRANT AWARDS.

22 (a) GRANT-MAKING CONSIDERATIONS.—The Attor23 ney General shall consider the following in awarding

24 grants under this subtitle:
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1 (1) Demonstrated need and evidence of the abil2 ity to provide the services described in the plan re3 quired under section 213.

4 (2) To the extent practicable, achievement of an

5 equitable geographic distribution of grant awards.

6 (3) An allotment of .5 percent of the total

7 amount appropriated each fiscal year for each State

8 that meets the requirements under this subtitle.

9 SEC. 215. LIMITATIONS ON GRANTS; RENEWAL OF GRANTS.

10 (a) ADMINISTRATIVE COST LIMITATION.—The Attor11 ney General and any grant recipient may each use not

12 more than 5 percent of the funds available under this sub13 title for administrative purposes, technical assistance, re14 search and evaluation.

15 (b) RENEWAL OF GRANTS.—A grant under this sub16 title may be renewed for not more than 2 additional years

17 after the first fiscal year during which the recipient re18 ceives its initial grant under this subtitle, subject to the

19 availability of funds, if—

20 (1) the Attorney General determines that the

21 funds made available to the recipient during the pre22 vious years were used in a manner required under

23 an approved application; and
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1 (2) the Attorney General determines that an

2 additional grant is necessary to implement the com3 prehensive plan required by section 213.

4 SEC. 216. FEDERAL SHARE.

5 (a) IN GENERAL.—The Federal share of a grant

6 made under this subtitle may not exceed 90 percent of

7 the total costs of the program described in the application

8 submitted under section 213 for the fiscal year for which

9 the program receives assistance under this subtitle.

10 (b) WAIVER.—The Attorney General may waive, in

11 whole or in part, the requirement of a matching contribu12 tion under subsection (a).

13 (c) IN-KIND CONTRIBUTIONS.—In-kind contributions

14 may constitute any portion of the non-Federal share of

15 a grant under this subtitle.

16 SEC. 217. REPORT AND EVALUATION.

17 (a) REPORT TO THE ATTORNEY GENERAL.—States,

18 State courts, local courts, Indian tribes, or units of local

19 government that receive funds under this subtitle during

20 a fiscal year shall submit to the Attorney General not later

21 than March 1 of each year beginning in 1998, a report

22 that describes progress achieved in carrying out the plan

23 described under section 213.

24 (b) EVALUATION AND REPORT TO CONGRESS.—The

25 Attorney General shall submit to the Congress an evalua-
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1 tion and report by October 1 of each year beginning in

2 1998, that contains a detailed statement regarding grant

3 awards, activities of grant recipients, a compilation of sta4 tistical information submitted by applicants, and an eval5 uation of programs established under this subtitle.

6 (c) DOCUMENTS AND INFORMATION.—Grant recipi7 ents shall provide the Attorney General with all relevant

8 documents and information that the Attorney General

9 deems necessary to conduct an evaluation of the effective10 ness of programs funded under this subtitle.

11 (d) CRITERIA.—In assessing the effectiveness of the

12 programs established and operated pursuant to this sub13 title, the Attorney General shall consider, at a minimum—

14 (1) the number of youths tried in gun court ses15 sions;

16 (2) recidivism rates of offenders tried in gun

17 court sessions;

18 (3) changes in the amount of gun and gang re19 lated crime in the jurisdiction of the grantee;

20 (4) the quantity of firearms and ammunition

21 recovered in gun court cases, and

22 (5) the costs of the program to the criminal jus23 tice system.
25

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1 SEC. 218. DEFINITION.

2 For purposes of this subtitle, the term ‘‘firearm of3 fender’’ means any individual charged with an offense in4 volving the illegal possession, use, transfer, or threatened

5 use of a firearm.

6 SEC. 219. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated, from the Vio8 lent Crime Reduction Trust Fund, such sums as may be

9 necessary to carry out this subtitle.

10 Subtitle B—Juvenile Drug Courts

11 SEC. 221. JUVENILE DRUG COURTS.

12 Title I of the Omnibus Crime Control and Safe Streets

13 Act of 1968 (42 U.S.C. 3711 et seq.) is amended—

14 (1) by redesignating part Y as part Z;

15 (2) by redesignating section 2501 as 2601; and

16 (3) by inserting after part X the following new

17 part;

18 ‘‘PARTY Y—JUVENILE DRUG COURTS

19 ‘‘SEC. 2501. GRANT AUTHORITY.

20 ‘‘(a) APPROPRIATE DRUG COURT PROGRAMS.—The At21 torney General may make grants to States, State courts,

22 local courts, units of local government, and Indian tribes

23 to establish programs that—

24 ‘‘(1) involve continuous early judicial supervision

25 over juvenile offenders, other than violent offenders

26 as defined in section 227 of the Youth Development
26

S 1991 IS

1 and Juvenile Crime Prevention Act of 1996, with

2 substance abuse, or substance abuse-related, prob3 lems; and

4 ‘‘(2) integrate administration of other sanctions

5 and services, which include—

6 ‘‘(A) mandatory periodic testing for the use

7 of controlled substances or other addictive sub8 stances during any period of supervised release

9 or probation for each participant;

10 ‘‘(B) substance abuse treatment for each par11 ticipant;

12 ‘‘(C) diversion, probation, or other supervised

13 release involving the possibility of prosecution,

14 confinement, or incarceration based on non15 compliance with program requirements or fail16 ure to show satisfactory progress;

17 ‘‘(D) programmatic, offender management,

18 and aftercare services such as relapse preven19 tion, health care, education, vocational training,

20 job placement, housing placement, and child

21 care or other family support service for each

22 participant who requires such services;

23 ‘‘(E) payment by the offender of treatment

24 costs, to the extent practicable, such as costs

25 for urinalysis or counseling; and
27

S 1991 IS

1 ‘‘(F) payment by the offender of restitution,

2 to the extent practicable, to either a victim of

3 the offender’s offense or to a restitution or

4 similar victim support fund.

5 ‘‘(b) USE OF FUNDS FOR NECESSARY SUPPORT PRO6 GRAMS.—Grant recipients may use Federal grant funds

7 received under this subtitle to pay treatment, counseling,

8 and other related and necessary expenses not covered by

9 other Federal, State, Indian tribal, and local sources of

10 funding that would otherwise be available.

11 ‘‘(c) CONTINUED AVAILABILITY OF GRANTS FUNDS.—

12 Amounts made available under this part shall remain

13 available until expended.

14 ‘‘SEC. 2502. PROHIBITION OF PARTICIPATION BY VIOLENT

15 OFFENDERS.

16 ‘‘The Attorney General shall issue regulations and

17 guidelines to ensure that the programs authorized in this

18 part do not permit participation by violent offenders.

19 ‘‘SEC. 2503. DEFINITION.

20 ‘‘For purposes of this part, the term ‘violent offense’

21 means an offense during the course of which—

22 ‘‘(1) the individual carried, possessed, or used a

23 firearm or dangerous weapon;
28

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1 ‘‘(2) the death of or serious bodily injury of an2 other person occurred as a direct result of the com3 mission of such offense; or

4 ‘‘(3) the individual used force against the person

5 of another.

6 ‘‘SEC. 2504. ADMINISTRATION.

7 ‘‘(a) REGULATORY AUTHORITY.—The Attorney General

8 shall issue any regulations and guidelines necessary to

9 carry out this part.

10 ‘‘(b) APPLICATIONS.—In addition to any other require11 ments that may be specified by the Attorney General, an

12 application for a grant under this part shall—

13 ‘‘(1) include a long-term strategy and detailed

14 implementation plan;

15 ‘‘(2) explain the applicant’s inability to fund the

16 program adequately without Federal assistance;

17 ‘‘(3) certify that the Federal support provided

18 will be used to supplement, and not supplant, State,

19 Indian tribal, and local sources of funding that

20 would otherwise be available;

21 ‘‘(4) identify related governmental or commu22 nity initiatives which complement or will be coordi23 nated with the proposal;

24 ‘‘(5) certify that there has been appropriate

25 consultation with all affected agencies and that there
29

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1 will be appropriate coordination with all affected

2 agencies in the implementation of the program;

3 ‘‘(6) certify that participating offenders will be

4 supervised by one or more designated judges with re5 sponsibility for the drug court program;

6 ‘‘(7) specify plans for obtaining necessary sup7 port and continuing the proposed program following

8 the conclusion of Federal support; and

9 ‘‘(8) describe the methodology that will be used in

10 evaluating the program.

11 ‘‘SEC. 2505. APPLICATIONS.

12 ‘‘To request funds under this part, the chief executive

13 or the chief justice of a State, or the chief executive or

14 chief judge of a unit of local government or Indian tribe

15 shall submit an application to the Attorney General in

16 such form and containing such information as the Attor17 ney General may reasonably require.

18 ‘‘SEC. 2506. FEDERAL SHARE.

19 ‘‘(a) IN GENERAL.—The Federal share of a grant

20 made under this part may not exceed 90 percent of the

21 total costs of the program described in the application sub22 mitted under section 2505 for the fiscal year for which

23 the program receives assistance under this part.
30

S 1991 IS

1 ‘‘(b) WAIVER.—The Attorney General may waive, in

2 whole or in part, the requirement of a matching contribu3 tion under subsection (a).

4 ‘‘(c) IN-KIND CONTRIBUTIONS.—In-kind contribu5 tions may constitute a portion of the non-Federal share

6 of a grant under this part.

7 ‘‘SEC. 2507. GEOGRAPHIC DISTRIBUTION.

8 ‘‘The Attorney General shall ensure that, to the ex9 tent practicable, an equitable geographic distribution of

10 grant awards is made.

11 ‘‘SEC. 2508. REPORT.

12 ‘‘A State, Indian tribe, or unit of local government

13 that receives funds under this part during a fiscal year

14 shall submit to the Attorney General, in March of the year

15 following receipt of a grant under this part, a report re16 garding the effectiveness of programs established pursu17 ant to this part.

18 ‘‘SEC. 2509. TECHNICAL ASSISTANCE, TRAINING, AND EVAL19 UATION.

20 ‘‘(a) TECHNICAL ASSISTANCE, TRAINING—The At21 torney General may provide technical assistance and train22 ing in furtherance of the purposes of this part.

23 ‘‘(b) EVALUATIONS.—In addition to any evaluation

24 requirements that may be prescribed for grantees, the At25 torney General may carry out or make arrangements for
31

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1 evaluations of programs that receive support under this

2 part.

3 ‘‘(c) ADMINISTRATION.—The technical assistance,

4 training, and evaluations authorized by this section may

5 be carried out directly by the Attorney General, in collabo6 ration with the Secretary of Health and Human Services,

7 or through grants, contracts, or other cooperative arrange8 ments with other entities.

9 ‘‘SEC. 2510. UNAWARDED FUNDS.

10 ‘‘The Attorney General may reallocate any grant

11 funds that are not awarded for juvenile drug courts under

12 this part for use for other juvenile delinquency and crime

13 prevention initiatives.

14 ‘‘SEC. 2511. AUTHORIZATION OF APPROPRIATIONS.

15 ‘‘There are authorized to be appropriated, from the

16 Violent Crime Reduction Trust Fund, such sums as may

17 be necessary to carry out this part.’’.

18 Subtitle C—Flexibility in Prison Grants

19 SEC. 231. FLEXIBLE PRISON GRANTS FOR POST-INCARCER20 ATION MONITORING

21 Subtitle A of title II of the Violent Crime Control

22 and Law Enforcement Act of 1994 is amended as follows:

23 (1) in section 20102(a)—

24 (A) by striking ‘‘and’’ at the end of para25 graph (2);
32

S 1991 IS

1 (B) by striking the period in paragraph (3)

2 and inserting ‘‘; and’’; and

3 (C) by adding at the end a new paragraph

4 as follows:

5 ‘‘(4) to provide and support post-release transi6 tion supervision, and monitoring, including drug

7 testing.’’;

8 (2) in section 20108(b)(3)(B), by striking ‘‘and

9 sentencing reforms’’ and inserting ‘‘, sentencing re10 forms, and other reforms’’; and

11 (3) in section 20109, by amending subsection

12 (b) to read as follows:

13 ‘‘(b) GRANTS TO INDIAN TRIBES.—From the

14 amounts reserved under subsection (a), the Attorney Gen15 eral may make grants to Indian tribes for the purposes

16 of—

17 (1) constructing jails on tribal lands for the in18 carceration of offenders subject to tribal jurisdiction;

19 and

20 ‘‘(2) providing and supporting post-release tran21 sition, supervision, and monitoring, including drug

22 testing.’’.
33

S 1991 IS

1 TITLE III—THE GUN-FREE CHILDREN

2 AMENDMENTS ACT OF 1996

3 SEC. 301. SHORT TITLE.

4 This Act may be cited as the ‘‘Gun-Free Children

5 Amendments Act of 1996’’.

6 Subtitle A—Gun-Free School Zones

7 Amendment

8 SEC. 311. INTERSTATE NEXUS.

9 Section 922(q)(2)(A) of title 18, United States Code,

10 is amended by inserting after the word ‘‘firearm’’ the fol11 lowing: ‘‘that has moved in or that otherwise affects inter12 state or foreign commerce’’.

13 Subtitle B—Enhanced Prosecution and

14 Punishment of Armed Dangerous Felons

15 SEC. 321. ENHANCED PENALTIES FOR DISCHARGING OR

16 POSSESSING A FIREARM DURING A CRIME OF

17 VIOLENCE OR DRUG TRAFFICKING CRIME.

18 (a) Sections 924(c)(1) and 929(a)(1) of title 18,

19 United States Code, are each amended by striking ‘‘uses

20 or carries a firearm’’ and inserting ‘‘possesses a firearm’’.

21 (b) Section 924(c)(1) of title 18, United States Code,

22 is further amended by inserting ‘‘of if the firearm is dis23 charged or is used to cause serious bodily injury (as de24 fined in section 1365 of this title),’’ before ‘‘to imprison25 ment for ten years’’.
34

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1 TITLE IV—THE KEEPING KIDS DRUG-FREE

2 ACT

3 Subtitle A—Penalty Enhancements

4 SEC. 411. INCREASED PENALTIES FOR USING MINORS TO

5 DISTRIBUTE DRUGS.

6 Section 420 of the Controlled Substances Act (21

7 U.S.C. 861) is amended—

8 (1) in subsection (b) by striking ‘‘one year’’ and

9 inserting ‘‘three years’’;

10 (2) in subsection (c) by striking ‘‘one year’’ and

11 inserting ‘‘five years’’; and

12 (3) by amending subsection (e) to read as fol13 lows:

14 ‘‘(e) PROBATION PROHIBITED.—In the case of any

15 sentence imposed under this section, probation shall not

16 be granted.’’.

17 SEC 412. INCREASED PENALTIES FOR DISTRIBUTING

18 DRUGS TO MINORS.

19 Section 418 of the Controlled Substances Act (21

20 U.S.C. 859) is amended—

21 (1) in subsection (a) by striking ‘‘one year’’ and

22 inserting ‘‘three years’’; and

23 (2) in subsection (b) by striking ‘‘one year’’ and

24 inserting ‘‘five years’’.
35

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1 SEC 413. INCREASED PENALTY FOR DRUG TRAFFICKING IN

2 OR NEAR A SCHOOL OR OTHER PROTECTED

3 LOCATION.

4 Section 419 of the Controlled Substances Act (21

5 U.S.C. 860) is amended—

6 (1) in subsection (a) by striking ‘‘one year’’ and

7 inserting ‘‘three years’’; and

8 (2) in subsection (b) by striking ‘‘three years’’

9 each time it appears and inserting ‘‘five years’’.

10 SEC 414. SCHEDULING OF CERTAIN CONTROLLED SUB11 STANCES PRESENTING IMMINENT DANGER

12 TO PUBLIC SAFETY.

13 (a) RESCHEDULING OF ROHYPNOL.—Notwithstand14 ing sections 201 and 202 of the Controlled Substances Act

15 (21 U.S.C. 811 and 812) respecting the scheduling of con16 trolled substances, the Attorney General is authorized to,

17 by order, transfer flunitrazepam from schedule IV of such

18 Act to schedule II of such Act.

19 (b) TEMPORARY AUTHORITY TO SCHEDULE OR RE20 SCHEDULE SUBSTANCES.—Section 201(h) of the Con21 trolled Substances Act (21 U.S.C. 811(h)) is amended—

22 (1) in paragraph (1) by striking ‘‘if the sub23 stance is not listed in any other schedule in section

24 812 of this title or’’, by inserting ‘‘or II’’ after

25 ‘‘schedule I’’ each time it appears and by inserting
36

S 1991 IS

1 ‘‘or the rescheduling of a previously scheduled sub2 stance’’ after ‘‘ the scheduling of a substance’’;

3 (2) in paragraph (2) by inserting ‘‘or reschedul4 ing’’ after ‘‘scheduling’’ each time it appears.

5 SEC. 415. INCREASED PENALTIES FOR USING FEDERAL

6 PROPERTY TO GROW OR MANUFACTURE

7 CONTROLLED SUBSTANCES.

8 (a) Section 401(b)(5) of the Controlled Substances

9 Act (21 U.S.C. 841(b)(5)) is amended to read as follows:

10 ‘‘(5) Any person who violates subsection (a) of

11 this section by cultivating or manufacturing a con12 trolled substance on any property in whole or in part

13 owned by or leased to the United States or any de14 partment or agency thereof shall be subject to twice

15 the maximum punishment otherwise authorized for

16 the offense.’’.

17 (b) The United States Sentencing Commission shall

18 amend the sentencing guidelines pursuant to 28 U.S.C.

19 994 to ensure that violations of section 401(b)(5) of the

20 Controlled Substances Act are punished substantially

21 more severely than if the violation had not occurred on

22 Federal property.
37

S 1991 IS

1 SEC. 416. CLARIFICATION OF LENGTH OF SUPERVISED RE2 LEASE TERMS IN CONTROLLED SUBSTANCE

3 CASES.

4 Sections 401(b)(1) (A), (B), (C), and (D) of the Con5 trolled Substances Act (21 U.S.C. 841(b)(1) (A), (B), (C),

6 and (D)) are each amended by striking ‘‘Any sentence’’

7 and inserting ‘‘Notwithstanding section 3583 of title 18,

8 any sentence’’.

9 SEC. 417. TECHNICAL CORRECTION TO ENSURE COMPLI10 ANCE OF SENTENCING GUIDELINES WITH

11 PROVISIONS OF ALL FEDERAL STATUTES.

12 Section 994(a) of title 18, United States Code, is

13 amended by striking ‘‘consistent with all pertinent provi14 sions of this title and title 18, United States Code,’’ and

15 inserting ‘‘consistent with all pertinent provisions of any

16 Federal statute’’.

17 Subtitle B—Methamphetamine Control Act of

18 1996

19 SEC. 421. SHORT TITLE.

20 This Act may be cited as the ‘‘Methamphetamine

21 Control Act of 1996’’.

22 SEC. 422. METHAMPHETAMINE PENALTY INCREASES.

23 (a) Section 401(b)(1)(A)(viii) of the Controlled Sub24 stances Act (21 U.S.C. 841(b)(1)(A)(viii)) is amended by

25 striking ‘‘100 grams or more of methamphetamine,’’ and

26 inserting ‘‘50 grams or more of methamphetamine,’’ and
38

S 1991 IS

1 by striking ‘‘1 kilogram or more of a substance containing

2 a detectable amount of methamphetamine’’ and inserting

3 ‘‘500 grams or more of a mixture or substance containing

4 a detectable amount of methamphetamine’’.

5 (b) Section 401(b)(1)(B)(viii) of the Controlled Sub6 stances Act (21 U.S.C. 841(b)(1)(B)(viii)) is amended by

7 striking ‘‘10 grams or more of methamphetamine,’’ and

8 inserting ‘‘5 grams or more of methamphetamine,’’ and

9 by striking ‘‘100 grams or more of a substance containing

10 a detectable amount of methamphetamine’’ and inserting

11 ‘‘50 grams or more of a mixture or substance containing

12 a detectable amount of methamphetamine’’.

13 (c) Section 1010(b)(1)(H) of the Controlled Sub14 stances Import and Export Act (21 U.S.C. 960(b)(1)(H))

15 is amended by striking ‘‘100 grams or more of meth16 amphetamine,’’ and inserting ‘‘50 grams or more of meth17 amphetamine,’’ and by striking ‘‘1 kilogram or more of

18 a mixture or substance containing a detectable amount of

19 methamphetamine’’ and inserting ‘‘500 grams or more of

20 a mixture or substance containing a detectable amount of

21 methamphetamine’’.

22 (d) Section 1010(b)(2)(H) of the Controlled Sub23 stances Import and Export Act (21 U.S.C. 960(b)(2)(H))

24 is amended by striking ‘‘10 grams or more of meth25 amphetamine,’’ and inserting ‘‘5 grams or more of meth-
39

S 1991 IS

1 amphetamine,’’ and by striking ‘‘100 grams or more of

2 a mixture or substance containing a detectable amount of

3 methamphetamine’’ and inserting ‘‘50 grams or more of

4 a mixture or substance containing a detectable amount of

5 methamphetamine’’.

6 SEC. 423. PENALTY INCREASES FOR TRAFFICKING IN REG7 ULATED CHEMICALS.

8 (a) Section 401(d) of the Controlled Substances Act

9 (21 U.S.C. 841(d)) is amended by striking the period and

10 inserting the following: ‘‘or, with respect to a violation of

11 paragraph (1) or (2) of this subsection involving a list I

12 chemical, where the Government proves the quantity of

13 controlled substance that could reasonably have been man14 ufactured in a clandestine setting using the quantity of

15 list I chemicals possessed or distributed, the penalty cor16 responding to the quantity of controlled substance that

17 could have been produced under section 401(b) of the Con18 trolled Substances Act (21 U.S.C. 841(b)).’’.

19 (b) Section 1010(d) of the Controlled Substance Im20 port and Export Act (21 U.S.C. 960(d)) is amended by

21 striking the period and inserting the following: ‘‘, or, with

22 respect to an importation violation of paragraph (1) or

23 (3) of this subsection involving a list I chemical, where

24 the Government proves the quantity of controlled sub25 stance that could reasonably have been manufactured in
40

S 1991 IS

1 a clandestine setting using the quantity of list I chemicals

2 imported, the penalty corresponding to the quantity of

3 controlled substance that could have been produced under

4 subchapter I of this chapter.’’.

5 SEC. 424. PENALTIES FOR MANUFACTURE OF LISTED

6 CHEMICALS OUTSIDE THE UNITED STATES

7 WITH INTENT TO IMPORT THEM INTO THE

8 UNITED STATES.

9 (a) Section 1009(a) of the Controlled Substances Im10 port and Export Act (21 U.S.C. 959(a)) is amended—

11 (1) by inserting ‘‘or listed chemical’’ after

12 ‘‘schedule I or II’’; and

13 (2) by inserting ‘‘or chemical’’ after ‘‘sub14 stance’’ in subparagraphs (1) and (2).

15 (b) Section 1010(d) of the Controlled Substances Im16 port and Export Act (21 U.S.C. 960(d)) is amended—

17 (1) by deleting ‘‘or’’ at the end of paragraph

18 (5);

19 (2) by inserting ‘‘or’’ at the end of paragraph

20 (6); and

21 (3) by adding a new paragraph (7) as follows:

22 ‘‘(7) manufactures, possesses with intent to dis23 tribute, or distributes a listed chemical in violation

24 of section 959 of this title;’’.
41

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1 SEC. 425. PENALTIES FOR DANGEROUS HANDLING OF LIST2 ED CHEMICALS.

3 (a) The Controlled Substances Act is amended by

4 adding at the end of part D the following new section:

5 ‘‘§ 864. Dangerous handling of listed chemicals

6 ‘‘(a) OFFENSE.—It is unlawful for a person to gen7 erate, transport, treat, store, dispose of, use, possess, dis8 tribute, import or export a listed chemical, or the waste

9 from the use of such chemical, in the manufacture or at10 tempted manufacture of a controlled substance, or with

11 the knowledge or intent that such listed chemical will be

12 used in the illegal manufacture of a controlled substance,

13 including but not limited to the clandestine laboratory set14 ting—

15 ‘‘(1) in violation of—

16 ‘‘(A) section 3008 (d) or (e) of the Solid

17 Waste Disposal Act (42 U.S.C. 6928 (d) or (e)

18 (relating to handling hazardous waste in a man19 ner inconsistent with Federal or applicable

20 State law);

21 ‘‘(B) section 103(b) of the Comprehensive

22 Environmental Response, Compensation and Li23 ability Act (42 U.S.C. 9603(b)) (relating to fail24 ure to notify as to the release of a reportable

25 quantity of a hazardous substance);
42

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1 ‘‘(C) Sections 301(a), 307(d), 309(c) (2)

2 or (3), or 311(b)(3) of the Federal Water Pollu3 tion Act (33 U.S.C. 1311(a), 1317(d), 1319(c)

4 (2) or (3), or 1321(b)(3) (relating to the unlaw5 ful discharge of pollutants or hazardous sub6 stances; operation of a source in violation of a

7 pretreatment standard); or

8 ‘‘(D) 49 U.S.C. 5124 (violations of laws

9 and regulations enforced by the Department of

10 Transportation with respect to the transpor11 tation of hazardous material); or

12 ‘‘(2) in any manner posing an imminent danger

13 to the health and safety of another person, including

14 any Federal, State, or local law enforcement official

15 lawfully present at the site.

16 ‘‘(b) PENALTIES.—(1) A person who violates this sec17 tion shall be fined under title 18, United States Code, and

18 shall be sentenced to the greater of:

19 ‘‘(A) imprisonment for not less than two nor

20 more than four years;

21 ‘‘(B) imprisonment for not less than five nor

22 more than fifteen years, and up to twice the fine

23 that could be imposed under subparagraph (A), if

24 the offense involves a violation of section 3008(e) of

25 the Solid Waste Disposal Act (42 U.S.C. 6928(e) or
43

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1 section 309(c)(2) of the Federal Water Pollution Act

2 (33 U.S.C. 1319 (c)(3));

3 ‘‘(C) imprisonment for not less than ten nor

4 more than fifteen years, and up to twice the fine

5 that could be imposed under subparagraph (A), if

6 serious bodily injury or death results from the of7 fense; or

8 ‘‘(D) twice the penalty otherwise applicable

9 under subparagraph (A), (B), or (C), if the defend10 ant committed the offense after a prior conviction

11 for an offense under this section or for a felony drug

12 offense.

13 ‘‘(2) Notwithstanding any other provision of law, a

14 term of imprisonment imposed under this section shall not

15 run concurrently with any other term of imprisonment, in16 cluding that imposed for the manufacture or attempted

17 manufacture of controlled substances for which listed

18 chemicals were used in violation of this section.

19 ‘‘(3) This section is not intended to preclude prosecu20 tion under the provisions of law cited herein, or under any

21 other law.’’.

22 (b) The table of sections for Part D of the Controlled

23 Substances Act is amended by adding at the end the fol24 lowing:

‘‘864. Dangerous handling of listed chemicals.

‘‘(a) Offense.

‘‘(b) Penalties.’’.
44

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1 SEC. 426. INJUNCTIONS.

2 Section 403 of the Controlled Substances Act (21

3 U.S.C. § 843) is amended by adding at the end a new sub4 section (f), as follows:

5 ‘‘(f) INJUNCTIONS.—

6 ‘‘(1) In addition to any penalty provided in this

7 section, the Attorney General is authorized to com8 mence a civil action for appropriate relief, including

9 a permanent or temporary injunction, where there is

10 a reasonable basis to believe that a violation of this

11 section or section 842 of this subtitle is occurring or

12 will occur. Any action under this subsection may be

13 brought in the district court of the United States for

14 the district in which the defendant is located or re15 sides or is doing business, and such court shall have

16 jurisdiction to restrain such violation.

17 ‘‘(2) The court shall proceed as soon as prac18 ticable to the hearing and determination of such an

19 action. An action under this subsection is governed

20 by the Federal Rules of Civil Procedure except that,

21 if an indictment has been returned against the re22 spondent, discovery is governed by the Federal Rules

23 of Criminal Procedure.’’.
45

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1 SEC. 427. SUSPENSION OF SUSPICIOUS TRANSACTIONS IN2 VOLVING LISTED CHEMICALS.

3 Section 310 of the Controlled Substances Act (21

4 U.S.C. 830) is amended—

5 (1) by striking the penultimate sentence of

6 paragraph (b)(1);

7 (2) by redesignating subsection (c) as sub8 section (d); and

9 (3) by inserting a new subsection (c), as fol10 lows:

11 ‘‘(c) Suspension of suspicious transactions:

12 ‘‘(1) If the Attorney General furnishes to a reg13 ulated person the name or other identifying char14 acteristic of a person suspected of handling listed

15 chemicals in an unlawful manner, then before com16 pleting a transaction with the identified person the

17 regulated person shall notify the Attorney General of

18 the transaction in the time and manner directed by

19 the Attorney General.

20 ‘‘(2) The Attorney General may order the sus21 pension of any transaction involving a listed chemi22 cal, where there is a reasonable basis to believe that

23 the transaction will facilitate the unlawful manufac24 ture of listed chemical or controlled substance. From

25 and after the time when the Attorney General pro26 vides written notice of the order to the regulated
46

S 1991 IS

1 person (including the legal and factual basis for the

2 order), the regulated person shall not carry out the

3 transaction.

4 ‘‘(3) Upon written request to the Attorney Gen5 eral, a regulated person to whom an order applies

6 under paragraph (2) is entitled to an agency hear7 ing, on the record, in accordance with subchapter II

8 of chapter 5 of title 5, United States Code. The

9 hearing shall be held on an expedited basis and not

10 later than 45 days after the request is made, except

11 that the hearing may be held at a later time, if so

12 requested by the regulated person.’’.

13 SEC. 428. DIVERSION OF CERTAIN COMBINATION DRUG

14 PRODUCTS.

15 (a) Section 102(39)(A) of the Controlled Substances

16 Act (21 U.S.C. 802(39)(A)) is amended in subclause

17 (iv)(I)(aa) by—

18 (1) striking from ‘‘as’’ through the semicolon at

19 the end; and

20 (2) inserting ‘‘, pseudoephedrine or its salts, op21 tical isomers, or salts of optical isomers, or phenyl22 propanolamine or its salts, optical isomers, or salts

23 of optical isomers unless otherwise provided by regu24 lation of the Attorney General issued pursuant to

25 section 204(e) of this title;’’.
47

S 1991 IS

1 (b) Section 204 of the Controlled Substances Act (21

2 U.S.C. § 814) is amended by adding at the end the follow3 ing new subsection:

4 ‘‘(e) The Attorney General may by regulation rein5 state the exemption with respect to a particular ephedrine,

6 pseudoephedrine or phenylpropanolamine drug product if

7 the Attorney General determines that the drug product is

8 manufactured and distributed in a manner that prevents

9 diversion. In making this determination the Attorney Gen10 eral shall consider the factors listed in subsection (d)(2)

11 of this section. Any regulation issued pursuant to this sub12 section may be amended or revoked based on the factors

13 listed in subsection (d)(4) of this section.

14 SEC. 429. SEIZURE AND FORFEITURE OF REGULATED

15 CHEMICALS.

16 (a) Section 404 of the Controlled Substances Act (21

17 U.S.C. 844) is amended)—

18 (1) in subsection (a)—

19 (A) by inserting the following after ‘‘of this

20 chapter’’ in the first sentence: ‘‘or to possess

21 any list I chemical obtained pursuant to or

22 under authority of a registration issued to that

23 person under section 303 of this title or section

24 1008 of title III if that registration has been

25 revoked or suspended, if that registration has
48

S 1991 IS

1 expired or if the registrant has ceased to do

2 business in the manner contemplated by his

3 registration’’; and

4 (B) by inserting ‘‘or chemical’’ after ‘‘drug

5 or narcotic’’ wherever that phrase appears; and

6 (2) in subsection (c)—

7 (A) by inserting ‘‘or chemical’’ after ‘‘drug

8 or narcotic’’; and

9 (B) by inserting ‘‘or which is a listed

10 chemical or a chemical controlled under state

11 law’’ after ‘‘this subchapter’’.

12 (b) Section 511(a) of the Controlled Substances Act

13 (21 U.S.C. 881(a)) is amended—

14 (1) in paragraph (2) by inserting ‘‘or listed

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

16 (2) in paragraph (6) by inserting ‘‘or listed

17 chemical’’ after ‘‘controlled substance’’; and

18 (3) in paragraph (9) by striking ‘‘a felony pro19 vision of’’.

20 (c) Section 607 of the Tariff Act of 1930 (19 U.S.C.

21 1607) is amended by—

22 (1) in paragraph (a)(3), inserting ‘‘or listed

23 chemical’’ after ‘‘controlled substance’’; and

24 (2) by amending paragraph (b) to read as fol25 lows:
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S 1991 IS

1 ‘‘(b) As used in this section, the terms ‘controlled

2 substance’ and ‘listed chemical’ have the meaning given

3 these terms in section 102 of the Controlled Substances

4 Act (21 U.S.C. 802).’’.

5 SEC. 430. PENALTIES FOR ADDITIONAL UNLAWFUL ACT.

6 (a) Section 402(a) of the Controlled Substances Act

7 (21 U.S.C. 842(a)) is amended by—

8 (1) in paragraph (9) striking ‘‘or’’ after the

9 semicolon;

10 (2) in paragraph (10) by striking the period

11 and inserting ‘‘; or’’; and

12 (3) adding a new paragraph (11), as follows:

13 ‘‘(11) to sell or otherwise distribute a labora14 tory supply to a person who uses or attempts to use

15 the laboratory supply to manufacture a controlled

16 substance or listed chemical in violation of this sub17 chapter or subchapter II of this chapter, without ex18 ercising reasonable care to assure that the labora19 tory supply will not be used for an illicit purpose;

20 Provided, That the person or firm has been notified

21 by the Attorney General, or otherwise had actual

22 knowledge, that within the previous two years, a lab23 oratory supply sold or otherwise distributed by the

24 person has been found at a clandestine laboratory

25 for the unlawful production of a controlled substance
50

S 1991 IS

1 or listed chemical, or has been found in the posses2 sion of a person who intends to use or furnish the

3 laboratory supply to such a clandestine laboratory.

4 As used in this paragraph the term ‘laboratory sup5 ply’ means a listed chemical or substance on a spe6 cial surveillance list published by the Attorney Gen7 eral, which list contains chemicals, products, mate8 rials, or equipment used in the manufacture of con9 trolled substances and listed chemicals.’’.

10 (b) Section 402(c) of the Controlled Substances Act

11 (21 U.S.C. 842(c)) is amended by adding a new subpara12 graph (2)(C), as follows:

13 ‘‘(C) In addition to the penalties set forth

14 elsewhere in this subchapter or subchapter II of

15 this chapter, any person who violates paragraph

16 (11) of subsection (a) of this section shall, with

17 respect to any such violation, be subject to a

18 civil penalty of not more than $100,000 if the

19 violator is an individual, and not more than

20 $250,000 if the violator is other than an indi21 vidual, but shall not be subject to criminal pen22 alties for such act under this section.’’.

Æ