I

104TH CONGRESS

2D SESSION H. R. 3698

To reduce violent crime by juvenile offenders.

IN THE HOUSE OF REPRESENTATIVES

JUNE 20, 1996

Mr. SCHUMER (by request): introduced the following bill; which was referred

to the Committee on the Judiciary, and in addition to the Committees

on Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To reduce violent crime by juvenile offenders.

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.
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Sec. 106. Speedy trial.

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

release for juvenile offenders.

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.
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Sec. 415. Increased penalties for using Federal property to grow or manufacture controlled substances.

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 PROSECU2 TION OF DANGEROUS JUVE3 NILE OFFENDERS ACT

4 SEC. 101. SHORT TITLE.

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

6 of Dangerous Juvenile Offenders Act of 1996’’.

7 SEC. 102. DELINQUENCY PROCEEDINGS OR CRIMINAL

8 PROSECUTIONS IN DISTRICT COURTS.

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

10 amended to read as follows:

11 ‘‘§ 5032 Delinquency proceedings or criminal pros12 ecutions in district courts

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

14 of juvenile delinquency shall not be proceeded against in

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

16 after investigation, certifies to the appropriate district
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1 court of the United States that (A) the juvenile court or

2 other appropriate court of a State does not have jurisdic3 tion or declines to assume jurisdiction over the juvenile

4 with respect to such act of alleged juvenile delinquency,

5 or (B) the offense charged is described in subsection

6 (b)(2) (i)–(vi), and (C) there is a substantial Federal in7 terest in the case or the offense to warrant the exercise

8 of Federal jurisdiction. The requirements of this para9 graph do not apply to prosecutions pursuant to sub10 sections (b) or (c) or for offenses committed within the

11 special maritime and territorial jurisdiction of the United

12 States for which the maximum authorized term of impris13 onment does not exceed six months.

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

15 juvenile shall be surrendered to the appropriate legal au16 thorities of such State. For purposes of this section, the

17 term ‘State’ includes a State of the United States, the Dis18 trict of Columbia, any commonwealth, territory, or posses19 sion of the United States and, with regard to an act of

20 juvenile delinquency that would have been a misdemeanor

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

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

23 of juvenile delinquency is not surrendered to the authori24 ties of a State pursuant to this section, any proceedings

25 against the juvenile shall be in an appropriate district
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1 court of the United States. For such purposes, the court

2 may be convened at any time and place within the district,

3 in chambers or otherwise. The Attorney General shall pro4 ceed by information or as authorized by section 3401(g)

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

6 except as provided below.

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

8 the Federal Rules of Criminal Procedure—

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

10 upon advice of counsel to be proceeded against as an

11 adult; or

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

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

14 which if committed by an adult would be—

15 ‘‘(i) a crime of violence (as defined in sec16 tion 3156(a)(4)) that is a felony;

17 ‘‘(ii) an offense described in section

18 844(d), (k), or (l), 922(x), 924(b), (g), (h), (j),

19 (k), or (l) of this title;

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

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

22 ‘‘(iv) a violation of section 5861 of the In23 ternal Revenue Code of 1986 that is an offense

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

25 5871);
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1 ‘‘(v) a conspiracy to violate an offense de2 scribed in subsections (i), (ii), (iii) or (iv); or

3 ‘‘(vi) an offense described in section 401 or

4 408 of the Controlled Substances Act (21

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

6 commit that offense which is punishable under

7 section 406 of the Controlled Substances Act

8 (21 U.S.C. 846), or an offense punishable

9 under section 409 or 419 of the Controlled Sub10 stances Act (21 U.S.C. 849, 860), or an offense

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

12 of the Controlled Substances Import and Ex13 port Act (21 U.S.C. 952, 953, 955 or 959), or

14 a conspiracy or attempt to commit that offense

15 which is punishable under section 1013 of the

16 Controlled Substances Import and Export Act

17 (21 U.S.C. 963).

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

19 under the Federal Rules of Criminal Procedure if the juve20 nile is alleged to have committed an act on or after the

21 juvenile’s thirteenth birthday and before the juvenile’s fif22 teenth birthday which if committed by an adult would be

23 an offense described in subsection (b)(2) (i)–(vi), upon ap24 proval of the Attorney General or the Attorney General’s

25 designee. Any such designee shall be at a level not lower
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1 than a Deputy Assistant Attorney General. Such approval

2 shall not be granted if, with respect to such a juvenile who

3 is subject to the criminal jurisdiction of an Indian tribal

4 government and who is alleged to have committed an act

5 over which, if committed by an adult, there would be Fed6 eral jurisdiction based solely on its commission in Indian

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

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

9 alleged act was committed has prior to such act not noti10 fied the Attorney General in writing of its election that

11 the provisions of this subsection shall apply.

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

13 or to institute or not to institute, a prosecution under sub14 section (b) or (c) shall not be reviewable in any court.

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

16 juvenile may be prosecuted and convicted as an adult for

17 any other offense which is properly joined under the Fed18 eral Rules of Criminal Procedure, and may also be con19 victed of a lesser included offense.’’.

20 SEC. 103. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI21 CIAL OFFICER.

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

23 amended to read as follows:
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1 ‘‘§ 5033. Custody prior to appearance before judicial

2 officer

3 ‘‘Whenever a juvenile is taken into custody, the ar4 resting officer shall immediately advise such juvenile of the

5 juvenile’s rights, in language comprehensible to a juvenile.

6 The arresting officer shall promptly take reasonable steps

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

8 such custody, of the rights of the juvenile, and of the na9 ture of the alleged offense.

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

11 without unreasonable delay.’’.

12 SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS TO

13 SECTION 5034.

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

15 amended—

16 (1) by designating the existing paragraphs as

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

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

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

20 SEC. 105. DETENTION PRIOR TO DISPOSITION OR SENTENC21 ING.

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

23 amended to read as follows:

24 ‘‘§ 5035. Detention prior to disposition

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

26 against under section 5032 (b) or (c), if detained at any
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1 time prior to sentencing, shall be detained in such suitable

2 place as the Attorney General may designate. Preference

3 shall be given to a place located within, or within a reason4 able distance of, the district in which the juvenile is being

5 prosecuted.

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

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

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

9 juvenile facility located within, or within a reasonable dis10 tance of, the district in which the juvenile is being pros11 ecuted. If such a facility is not available, such a juvenile

12 may be detained in any other suitable facility located with13 in, or within a reasonable distance of, such district. If no

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

15 in any other suitable place as the Attorney General may

16 designate.

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

18 than 15 years of age proceeded against under section 5032

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

20 facility in which the juvenile has regular contact with adult

21 persons convicted of a crime or awaiting trial on criminal

22 charges.

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

24 5032(a) shall not be detained prior to disposition in any

25 facility in which the person has regular contact with adult
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1 persons convicted of a crime or awaiting trial on criminal

2 charges.

3 ‘‘(c) Every juvenile who is detained prior to disposi4 tion or sentencing shall be provided with reasonable safety

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

6 facilities, bedding, clothing, recreation, education, and

7 medical care, including necessary psychiatric, psycho8 logical, or other care and treatment.’’.

9 SEC. 106. SPEEDY TRIAL.

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

11 amended by—

12 (1) striking ‘‘If an alleged delinquent’’ and in13 serting ‘‘If a juvenile proceeded against under sec14 tion 5032(a)’’;

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

16 and

17 (3) striking ‘‘the court,’’ and everything that

18 follows and inserting ‘‘the court. The periods of ex19 clusion under section 3161(h) of this title shall apply

20 to this section.’’.

21 SEC. 107. DISPOSITION; AVAILABILITY OF INCREASED DE22 TENTION, FINES AND SUPERVISED RELEASE

23 FOR JUVENILE OFFENDERS.

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

25 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 of 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) are

23 applicable to an order placing a juvenile on supervised re24 lease.
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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 de16 linquency proceeding pursuant to section 5032(a), the

17 court records of the original proceeding shall be safe18 guarded from disclosure to unauthorized persons. The

19 records shall be released to the extent necessary to meet

20 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) or

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

4 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 juve20 nile less than 21 years of age adjudicated delinquent under

21 section 5032(a) to be placed or retained in an adult jail

22 or correctional facility in which the juvenile has regular

23 contact with adults incarcerated because they have been

24 convicted of a crime or are awaiting trial on criminal
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1 charges, except for placement in a community-based facil2 ity.

3 ‘‘(b) Every juvenile adjudicated delinquent who has

4 been committed shall be provided with reasonable safety

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

6 facilities, bedding, clothing, recreation, counseling, edu7 cation, training, and medical care including necessary psy8 chiatric, psychological, or other care and treatment.’’.

9 SEC. 110. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND

10 5034.

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

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

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

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

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

16 and inserting ‘‘judicial officer’’.

17 SEC. 111. SERIOUS JUVENILE DELINQUENCY DRUG TRAF18 FICKING ADJUDICATIONS AS ARMED CAREER

19 CRIMINAL ACT PREDICATES.

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

21 is amended—

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

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

24 and

25 (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

6 LOCAL COURT ASSISTANCE

7 PROGRAM ACT

8 SEC. 201. SHORT TITLE.

9 This title may be cited as the ‘‘State and Local

10 Courts Assistance Program Act of 1996.’’

11 SEC. 202. DEFINITIONS.

12 Unless otherwise provided, for purposes of this title—

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

14 such term under State law; and

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

16 United States, the District of Columbia, the Com17 monwealth of Puerto Rico, the Virgin Islands, Amer18 ican Samoa, Guam, and the Northern Mariana Is19 lands.

20 Subtitle A—Juvenile Gun Courts

21 SEC. 211. GRANT AUTHORIZATION.

22 (a) The Attorney General may provide grants to

23 States, State courts, local courts, units of local govern24 ment, and Indian tribes, and Alaskan Native Villages for

25 court-based juvenile justice programs that target young
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1 firearm offenders through the establishment of juvenile

2 gun courts.

3 (b) CONTINUED AVAILABILITY OF GRANT FUNDS.—

4 Amounts made available under this part shall remain

5 available until expended.

6 SEC. 212. USES OF FUNDS.

7 Grants made by the Attorney General under this sec8 tion shall be used to fund programs that—

9 (1) establish juvenile gun courts for adjudica10 tion and prosecution of juvenile firearm offenders;

11 (2) grant prosecutorial discretion to try, in a

12 gun court, cases involving the illegal possession, use,

13 transfer, or threatened use of a firearm by a juve14 nile;

15 (3) require prosecutors to transfer such cases to

16 the gun court calendar no later than 30 days after

17 arraignment;

18 (4) require that gun court trials commence not

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

20 (5) allow prosecution of appropriately aged of21 fenders as adults or juveniles in accordance with

22 State law;

23 (6) facilitate innovative and individualized sen24 tencing (such as incarceration, house arrest, victim
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1 impact classes, electronic monitoring, restitution,

2 and gang prevention programs);

3 (7) provide services in furtherance of paragraph

4 (6);

5 (8) limit grounds for continuances and grant

6 continuances only for the shortest practicable time;

7 and

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

9 of the gun court by agreement of the parties, subject

10 to court approval.

11 SEC. 213. APPLICATIONS.

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

13 a grant under this subtitle, the chief executive or chief

14 justice of a State or the chief executive or chief judge of

15 a unit of local government or Indian tribe shall submit

16 an application to the Attorney General in such form and

17 containing such information as the Attorney General may

18 reasonably require.

19 (b) REQUIREMENTS.—Each application shall in20 clude—

21 (1) a request for funds for the purposes de22 scribed in section 212;

23 (2) a description of the communities to be

24 served by the grant, including the nature of juvenile
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1 crime, juvenile violence, and juvenile firearm use and

2 possession in such communities;

3 (3) assurances that Federal funds received

4 under this subtitle shall be used to supplement, not

5 supplant, non-Federal funds that would otherwise be

6 available for activities funded under this section;

7 (4) statistical information in such form and

8 containing such information as the Attorney General

9 may require; and

10 (5) any additional information the Attorney

11 General may reasonably require.

12 (c) IMPLEMENTATION PLAN.—Each applicant shall

13 include a comprehensive implementation plan that con14 tains—

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

16 juvenile crime and juvenile violence problem, includ17 ing gang crime, and juvenile firearm use and posses18 sion;

19 (2) an action plan outlining how the applicant

20 will achieve the purposes described in section 212;

21 (3) a description of any resources available in

22 the community to implement the plan; and

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

24 evaluating the performance of the gun court.
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1 SEC. 214. GRANT AWARDS.

2 (a) GRANT-MAKING CONSIDERATIONS.—The Attor3 ney General shall consider the following in awarding

4 grants under this subtitle:

5 (1) Demonstrated need and evidence of the abil6 ity to provide the services described in the plan re7 quired under section 213.

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

9 equitable geographic distribution of grant awards.

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

11 amount appropriated each fiscal year for each State

12 that meets the requirements under this subtitle.

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

14 (a) ADMINISTRATIVE COST LIMITATION.—The Attor15 ney General and any grant recipient may each use not

16 more than 5 percent of the funds available under this sub17 title for administrative purposes, technical assistance, re18 search and evaluation.

19 (b) RENEWAL OF GRANTS.—A grant under this sub20 title may be renewed for not more than 2 additional years

21 after the first fiscal year during which the recipient re22 ceives its initial grant under this subtitle, subject to the

23 availability of funds, if—

24 (1) the Attorney General determines that the

25 funds made available to the recipient during the pre-
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1 vious years were used in a manner required under

2 an approved application; and

3 (2) the Attorney General determines that an

4 additional grant is necessary to implement the com5 prehensive plan required by section 213.

6 SEC. 216. FEDERAL SHARE.

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

8 made under this subtitle may not exceed 90 percent of

9 the total costs of the program described in the application

10 submitted under section 213 for the fiscal year for which

11 the program receives assistance under this subtitle.

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

13 whole or in part, the requirement of a matching contribu14 tion under subsection (a).

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

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

17 a grant under this subtitle.

18 SEC. 217. REPORT AND EVALUATION.

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

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

21 government that receive funds under this subtitle during

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

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

24 that describes progress achieved in carrying out the plan

25 described under section 213.
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1 (b) EVALUATION AND REPORT TO CONGRESS.—The

2 Attorney General shall submit to the Congress an evalua3 tion and report by October 1 of each year beginning in

4 1998, that contains a detailed statement regarding grant

5 awards, activities of grant recipients, a compilation of sta6 tistical information submitted by applicants, and an eval7 uation of programs established under this subtitle.

8 (c) DOCUMENTS AND INFORMATION.—Grant recipi9 ents shall provide the Attorney General with all relevant

10 documents and information that the Attorney General

11 deems necessary to conduct an evaluation of the effective12 ness of programs funded under this subtitle.

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

14 programs established and operated pursuant to this sub15 title, the Attorney General shall consider, at a mini16 mum——

17 (1) the number of youths tried in gun court ses18 sions;

19 (2) recidivism rates of offenders tried in gun

20 court sessions;

21 (3) changes in the amount of gun and gang re22 lated crime in the jurisdiction of the grantee;

23 (4) the quantity of firearms and ammunition

24 recovered in gun court cases, and
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1 (5) the costs of the program to the criminal jus2 tice system.

3 SEC. 218. DEFINITION.

4 For purposes of this subtitle, the term ‘‘firearm of5 fender’’ means any individual charged with an offense in6 volving the illegal possession, use, transfer, or threatened

7 use of a firearm.

8 SEC. 219. AUTHORIZATION OF APPROPRIATIONS.

9 There are authorized to be appropriated, from the

10 Violent Crime Reduction Trust Fund, such sums as may

11 be necessary to carry out this subtitle.

12 Subtitle B—Juvenile Drug Courts

13 SEC. 221. JUVENILE DRUG COURTS.

14 Title I of the Omnibus Crime Control and Safe

15 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amend16 ed—

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

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

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

20 part:

21 ‘‘PART Y—JUVENILE DRUG COURTS

22 ‘‘SEC. 2501. GRANT AUTHORITY.

23 ‘‘(a) APPROPRIATE DRUG COURT PROGRAMS.—The

24 Attorney General may make grants to States, State
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1 courts, local courts, units of local government, and Indian

2 tribes to establish programs that—

3 ‘‘(1) involve continuous early judicial super4 vision over juvenile offenders, other than violent ju5 venile offenders as defined in section 227 of the

6 Youth Development and Juvenile Crime Prevention

7 Act of 1996, with substance abuse, or substance

8 abuse-related, problems; and

9 ‘‘(2) integrate administration of other sanctions

10 and services, which include—

11 ‘‘(A) mandatory periodic testing for the

12 use of controlled substances or other addictive

13 substances during any period of supervised re14 lease or probation for each participant;

15 ‘‘(B) substance abuse treatment for each

16 participant;

17 ‘‘(C) diversion, probation, or other super18 vised release involving the possibility of prosecu19 tion, confinement, or incarceration based on

20 noncompliance with program requirements or

21 failure to show satisfactory progress;

22 ‘‘(D) programmatic, offender management,

23 and aftercare services such as relapse preven24 tion, health care, education, vocational training,

25 job placement, housing placement, and child
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1 care or other family support service for each

2 participant who requires such services;

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

4 costs, to the extent practicable, such as costs

5 for urinalysis or counseling; and

6 ‘‘(F) payment by the offender of restitu7 tion, to the extent practicable, to either a victim

8 of the offender’s offense or to a restitution or

9 similar victim support fund.

10 ‘‘(b) USE OF FUNDS FOR NECESSARY SUPPORT PRO11 GRAMS.—Grant recipients may use Federal grant funds

12 received under this subtitle to pay treatment, counseling,

13 and other related and necessary expenses not covered by

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

15 funding that would otherwise be available.

16 ‘‘(c) CONTINUED AVAILABILITY OF GRANT FUNDS.—

17 Amounts made available under this part shall remain

18 available until expended.

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

20 OFFENDERS.

21 ‘‘The Attorney General shall issue regulations and

22 guidelines to ensure that the programs authorized in this

23 part do not permit participation by violent offenders.
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1 ‘‘SEC. 2503. DEFINITION.

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

3 means an offense during the course of which—

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

5 firearm or dangerous weapon;

6 ‘‘(2) the death of or serious bodily injury of an7 other person occurred as a direct result of the com8 mission of such offense; or

9 ‘‘(3) the individual used force against the per10 son of another.

11 ‘‘SEC. 2504. ADMINISTRATION.

12 ‘‘(a) REGULATORY AUTHORITY.—The Attorney Gen13 eral shall issue any regulations and guidelines necessary

14 to carry out this part.

15 ‘‘(b) APPLICATIONS.—In addition to any other re16 quirements that may be specified by the Attorney General,

17 an application for a grant under this part shall—

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

19 implementation plan;

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

21 program adequately without Federal assistance;

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

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

24 Indian tribal, and local sources of funding that

25 would otherwise be available;
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1 ‘‘(4) identify related governmental or commu2 nity initiatives which complement or will be coordi3 nated with the proposal;

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

5 consultation with all affected agencies and that there

6 will be appropriate coordination with all affected

7 agencies in the implementation of the program;

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

9 supervised by one or more designated judges with re10 sponsibility for the drug court program;

11 ‘‘(7) specify plans for obtaining necessary sup12 port and continuing the proposed program following

13 the conclusion of Federal support; and

14 ‘‘(8) describe the methodology that will be used

15 in evaluating the program.

16 ‘‘SEC. 2505. APPLICATIONS.

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

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

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

20 shall submit an application to the Attorney General in

21 such form and containing such information as the Attor22 ney General may reasonably require.

23 ‘‘SEC. 2506. FEDERAL SHARE.

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

25 made under this part may not exceed 90 percent of the
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1 total costs of the program described in the application sub2 mitted under section 2505 for the fiscal year for which

3 the program receives assistance under this part.

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

5 whole or in part, the requirement of a matching contribu6 tion under subsection (a).

7 ‘‘(c) IN-KIND CONTRIBUTIONS.—In-kind contribu8 tions may constitute a portion of the non-Federal share

9 of a grant under this part.

10 ‘‘SEC. 2507. GEOGRAPHIC DISTRIBUTION.

11 ‘‘The Attorney General shall ensure that, to the ex12 tent practicable, an equitable geographic distribution of

13 grant awards is made.

14 ‘‘SEC. 2508. REPORT.

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

16 that receives funds under this part during a fiscal year

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

18 following receipt of a grant under this part, a report re19 garding the effectiveness of programs established pursu20 ant to this part.

21 ‘‘SEC. 2509. TECHNICAL ASSISTANCE, TRAINING, AND EVAL22 UATION.

23 ‘‘(a) TECHNICAL ASSISTANCE AND TRAINING.—The

24 Attorney General may provide technical assistance and

25 training in furtherance of the purposes of this part.
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1 ‘‘(b) EVALUATIONS.—In addition to any evaluation

2 requirements that may be prescribed for grantees, the At3 torney General may carry out or make arrangements for

4 evaluations of programs that receive support under this

5 part.

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

7 training, and evaluations authorized by this section may

8 be carried out directly by the Attorney General, in collabo9 ration with the Secretary of Health and Human Services,

10 or through grants, contracts, or other cooperative arrange11 ments with other entities.

12 ‘‘SEC. 2510. UNAWARDED FUNDS.

13 ‘‘The Attorney General may reallocate any grant

14 funds that are not awarded for juvenile drug courts under

15 this part for use for other juvenile delinquency and crime

16 prevention initiatives.

17 ‘‘SEC. 2511. AUTHORIZATION OF APPROPRIATIONS.

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

19 Violent Crime Reduction Trust Fund, such sums as may

20 be necessary to carry out this part.’’.
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1 Subtitle C—Flexibility in Prison

2 Grants

3 SEC. 231. FLEXIBLE PRISON GRANTS FOR POST-INCARCER4 ATION MONITORING.

5 Subtitle A of title II of the Violent Crime Control

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

7 (1) in section 20102(a)—

8 (A) by striking ‘‘and’’ at the end of para9 graph (2);

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

11 and inserting ‘‘; and’’; and

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

13 as follows:

14 ‘‘(4) to provide and support post-release transi15 tion, supervision, and monitoring, including drug

16 testing.’’;

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

18 sentencing reforms’’ and inserting ‘‘, sentencing re19 forms, and other reforms’’; and

20 (3) in section 20109, by amending subsection

21 (b) to read as follows:

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

23 amounts reserved under subsection (a), the Attorney Gen24 eral may make grants to Indian tribes for the purposes

25 of—
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1 ‘‘(1) constructing jails on tribal lands for the

2 incarceration of offenders subject to tribal jurisdic3 tion; and

4 ‘‘(2) providing and supporting post-release tran5 sition, supervision, and monitoring, including drug

6 testing.’’.

7 TITLE III—THE GUN-FREE CHIL8 DREN AMENDMENTS ACT OF

9 1996

10 SEC. 301. SHORT TITLE.

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

12 Amendments Act of 1996’’.

13 Subtitle A—Gun-Free School Zones

14 Amendment

15 SEC. 311. INTERSTATE NEXUS.

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

17 is amended by inserting after the word ‘‘firearm’’ the fol18 lowing: ‘‘that has moved in or that otherwise affects inter19 state or foreign commerce’’.
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1 Subtitle B—Enhanced Prosecution

2 and Punishment of Armed Dan3 gerous Felons

4 SEC. 321. ENHANCED PENALTIES FOR DISCHARGING OR

5 POSSESSING A FIREARM DURING A CRIME OF

6 VIOLENCE OR DRUG TRAFFICKING CRIME.

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

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

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

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

11 is further amended by inserting ‘‘or if the firearm is dis12 charged or is used to cause serious bodily injury (as de13 fined in section 1365 of this title),’’ before ‘‘to imprison14 ment for ten years’’.

15 TITLE IV—THE KEEPING KIDS

16 DRUG-FREE ACT

17 Subtitle A—Penalty Enhancements

18 SEC. 411. INCREASED PENALTIES FOR USING MINORS TO

19 DISTRIBUTE DRUGS.

20 Section 420 of the Controlled Substances Act (21

21 U.S.C. 861) is amended—

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

23 inserting ‘‘three years’’;

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

25 inserting ‘‘five years’’; and
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1 (3) by amending subsection (e) to read as fol2 lows:

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

4 sentence imposed under this section, probation shall not

5 be granted.’’.

6 SEC. 412. INCREASED PENALTIES FOR DISTRIBUTING

7 DRUGS TO MINORS.

8 Section 418 of the Controlled Substances Act (21

9 U.S.C. 859) is amended—

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

11 inserting ‘‘three years’’; and

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

13 inserting ‘‘five years’’.

14 SEC. 413. INCREASED PENALTY FOR DRUG TRAFFICKING IN

15 OR NEAR A SCHOOL OR OTHER PROTECTED

16 LOCATION.

17 Section 419 of the Controlled Substances Act (21

18 U.S.C. 860) is amended—

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

20 inserting ‘‘three years’’; and

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

22 each time it appears and inserting ‘‘five years’’.
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1 SEC. 414. SCHEDULING OF CERTAIN CONTROLLED SUB2 STANCES PRESENTING IMMINENT DANGER

3 TO PUBLIC SAFETY.

4 (a) RESCHEDULING OF ROHYPNOL.—Notwithstand5 ing sections 201 and 202 of the Controlled Substances Act

6 (21 U.S.C. 811 and 812) respecting the scheduling of con7 trolled substances, the Attorney General is authorized to,

8 by order, transfer flunitrazepam from schedule IV of such

9 Act to schedule II of such Act.

10 (b) TEMPORARY AUTHORITY TO SCHEDULE OR RE11 SCHEDULE SUBSTANCES.—Section 201(h) of the Con12 trolled Substances Act (21 U.S.C. 811)(h)) is amended—

13 (1) in paragraph (1) by striking ‘‘if the sub14 stance is not listed in any other schedule in section

15 812 of this title or’’, by inserting ‘‘or II’’ after

16 ‘‘schedule I’’ each time it appears and by inserting

17 ‘‘or the rescheduling of a previously scheduled sub18 stance’’ after ‘‘the scheduling of a substance’’;

19 (2) in paragraph (2) by inserting ‘‘or reschedul20 ing’’ after ‘‘scheduling’’ each time it appears.

21 SEC. 415. INCREASED PENALTIES FOR USING FEDERAL

22 PROPERTY TO GROW OR MANUFACTURE

23 CONTROLLED SUBSTANCES.

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

25 Act (21 U.S.C. 841(b)(5)) is amended to read as follows:
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1 ‘‘(5) Any person who violates subsection (a) of

2 this section by cultivating or manufacturing a con3 trolled substance on any property in whole or in part

4 owned by or leased to the United States or any de5 partment or agency thereof shall be subject to twice

6 the maximum punishment otherwise authorized for

7 the offense.’’.

8 (b) The United States Sentencing Commission shall

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

10 994 to insure that violations of section 401(b)(5) of the

11 Controlled Substances Act are punished substantially

12 more severely than if the violation had not occurred on

13 Federal property.

14 SEC. 416. CLARIFICATION OF LENGTH OF SUPERVISED RE15 LEASE TERMS IN CONTROLLED SUBSTANCE

16 CASES.

17 Sections 401(b)(1) (A), (B), (C), and (D) of the Con18 trolled Substances Act (21 U.S.C. 841(b)(1) (A), (B), (C),

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

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

21 any sentence’’.
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1 SEC. 417. TECHNICAL CORRECTION TO ENSURE COMPLI2 ANCE OF SENTENCING GUIDELINES WITH

3 PROVISIONS OF ALL FEDERAL STATUTES.

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

5 amended by striking ‘‘consistent with all pertinent provi6 sions of this title and title 18, United States Code,’’ and

7 inserting ‘‘consistent with all pertinent provisions of any

8 Federal statute’’.

9 Subtitle B—Methamphetamine

10 Control Act of 1996

11 SEC. 421. SHORT TITLE.

12 This Act may be cited as the ‘‘Methamphetamine

13 Control Act of 1996’’.

14 SEC. 422. METHAMPHETAMINE PENALTY INCREASES.

15 (a) Section 401(b)(1)(A)(viii) of the Controlled Sub16 stances Act (21 U.S.C. 841(b)(1)(A)(viii)) is amended by

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

18 inserting ‘‘50 grams or more of methamphetamine,’’ and

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

20 a detectable amount of methamphetamine’’ and inserting

21 ‘‘500 grams or more of a mixture or substance containing

22 a detectable amount of methamphetamine’’.

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

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

26 inserting ‘‘5 grams or more of methamphetamine,’’ and
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1 by striking ‘‘100 grams or more of a substance containing

2 a detectable amount of methamphetamine’’ and inserting

3 ‘‘50 grams or more of a mixture or substance containing

4 a detectable amount of methamphetamine’’.

5 (c) Section 1010(b)(1)(H) of the Controlled Sub6 stances Import and Export Act (21 U.S.C. 960(b)(1)(H))

7 is amended by striking ‘‘100 grams or more of meth8 amphetamine,’’ and inserting ‘‘50 grams or more of meth9 amphetamine,’’ and by striking ‘‘1 kilogram or more of

10 a mixture or substance containing a detectable amount of

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

12 a mixture or substance containing a detectable amount of

13 methamphetamine’’.

14 (d) Section 1010(b)(2)(H) of the Controlled Sub15 stances Import and Export Act (21 U.S.C. 960(b)(2)(H))

16 is amended by striking ‘‘10 grams or more of meth17 amphetamine,’’ and inserting ‘‘5 grams or more of meth18 amphetamine,’’ and by striking ‘‘100 grams or more of

19 a mixture or substance containing a detectable amount of

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

21 a mixture or substance containing a detectable amount of

22 methamphetamine’’.
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1 SEC. 423. PENALTY INCREASES FOR TRAFFICKING IN REG2 ULATED CHEMICALS.

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

4 (21 U.S.C. 841(d)) is amended by striking the period and

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

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

7 chemical, where the government proves the quantity of

8 controlled substance that could reasonably have been man9 ufactured in a clandestine setting using the quantity of

10 list I chemicals possessed or distributed, the penalty cor11 responding to the quantity of controlled substance that

12 could have been produced under section 401(b) of the Con13 trolled Substances Act (21 U.S.C. 841(b)).’’.

14 (b) Section 1010(d) of the Controlled Substance Im15 port and Export Act (21 U.S.C. 960(d)) is amended by

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

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

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

19 the government proves the quantity of controlled sub20 stance that could reasonably have been manufactured in

21 a clandestine setting using the quantity of list I chemicals

22 imported, the penalty corresponding to the quantity of

23 controlled substance that could have been produced under

24 subchapter I of this chapter.’’.
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1 SEC. 424. PENALTIES FOR MANUFACTURE OF LISTED

2 CHEMICALS OUTSIDE THE UNITED STATES

3 WITH INTENT TO IMPORT THEM INTO THE

4 UNITED STATES.

5 (a) Section 1009(a) of the Controlled Substances Im6 port and Export Act (21 U.S.C. 959(a)) is amended—

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

8 ‘‘schedule I or II’’; and

9 (2) by inserting ‘‘or chemical’’ after ‘‘sub10 stance’’ in subparagraphs (1) and (2).

11 (b) Section 1010(d) of the Controlled Substances Im12 port and Export Act (21 U.S.C. 960(d)) is amended—

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

14 (5);

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

16 (6); and

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

18 ‘‘(7) manufactures, possesses with intent to dis19 tribute, or distributes a listed chemical in violation

20 of section 959 of this title;’’.

21 SEC. 425. PENALTIES FOR DANGEROUS HANDLING OF LIST22 ED CHEMICALS.

23 (a) The Controlled Substances Act is amended by

24 adding at the end of Part D the following new section:
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1 ‘‘§ 864. Dangerous handling of listed chemicals

2 ‘‘(a) OFFENSE.—It is unlawful for a person to gen3 erate, transport, treat, store, dispose of, use, possess, dis4 tribute, import or export a listed chemical, or the waste

5 from the use of such chemical, in the manufacture or at6 tempted manufacture of a controlled substance, or with

7 the knowledge or intent that such listed chemical will be

8 used in the illegal manufacture of a controlled substance,

9 including but not limited to the clandestine laboratory set10 ting—

11 ‘‘(1) in violation of—

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

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

14 (relating to handling hazardous waste in a man15 ner inconsistent with Federal or applicable state

16 law);

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

18 Environmental Response, Compensation and Li19 ability Act (42 U.S.C. 9603(b)) (relating to fail20 ure to notify as to the release of a reportable

21 quantity of a hazardous substance);

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

23 or (3), or 311(b)(3) of the Federal Water Pollu24 tion Act (33 U.S.C. 1311(a), 1317(d), 1319(c)

25 (2) or (3), or 1321(b)(3) (relating to the unlaw26 ful discharge of pollutants or hazardous sub-
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1 stances; operation of a source in violation of a

2 pretreatment standard); or

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

4 and regulations enforced by the Department of

5 Transportation with respect to the transpor6 tation of hazardous material); or

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

8 to the health and safety of another person, including

9 any federal, state or local law enforcement official

10 lawfully present at the site.

11 ‘‘(b) PENALTIES.—(1) A person who violates this sec12 tion shall be fined under title 18, United States Code, and

13 shall be sentenced to the greater of:

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

15 more than four years;

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

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

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

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

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

21 section 309 (c)(2) of the Federal Water Pollution

22 Act (33 U.S.C. 1319 (c)(3));

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

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

25 that could be imposed under subparagraph (A), if
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1 serious bodily injury or death results from the of2 fense; or

3 ‘‘(D) twice the penalty otherwise applicable

4 under subparagraph (A), (B), or (C), if the defend5 ant committed the offense after a prior conviction

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

7 offense.

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

9 term of imprisonment imposed under this section shall not

10 run concurrently with any other term of imprisonment, in11 cluding that imposed for the manufacture or attempted

12 manufacture of controlled substances for which listed

13 chemicals were used in violation of this section.

14 ‘‘(3) This section is not intended to preclude prosecu15 tion under the provisions of law cited herein, or under any

16 other law.’’.

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

18 Substances Act is amended by adding at the end the fol19 lowing:

‘‘864. Dangerous handling of listed chemicals.

‘‘(a) Offense.

‘‘(b) Penalties.’’.

20 SEC. 426. INJUNCTIONS.

21 Section 403 of the Controlled Substances Act (21

22 U.S.C. 843) is amended by adding at the end a new sub23 section (f), as follows:

24 ‘‘(f) INJUNCTIONS.—
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1 ‘‘(1) In addition to any penalty provided in this

2 section, the Attorney General is authorized to com3 mence a civil action for appropriate relief, including

4 a permanent or temporary injunction, where there is

5 a reasonable basis to believe that a violation of this

6 section or section 842 of this subtitle is occurring or

7 will occur. Any action under this subsection may be

8 brought in the district court of the United States for

9 the district in which the defendant is located or re10 sides or is doing business, and such court shall have

11 jurisdiction to restrain such violation.

12 ‘‘(2) The court shall proceed as soon as prac13 ticable to the hearing and determination of such an

14 action. An action under this subsection is governed

15 by the Federal Rules of Civil Procedure except that,

16 if an indictment has been returned against the re17 spondent, discovery is governed by the Federal Rules

18 of Criminal Procedure.’’.

19 SEC. 427. SUSPENSION OF SUSPICIOUS TRANSACTIONS IN20 VOLVING LISTED CHEMICALS.

21 Section 310 of the Controlled Substances Act (21

22 U.S.C.830) is amended—

23 (1) by striking the penultimate sentence of

24 paragraph (b)(1);
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1 (2) by redesignating subsection (c) as sub2 section (d); and

3 (3) by inserting a new subsection (c), as fol4 lows:

5 ‘‘(c) SUSPENSION OF SUSPICIOUS TRANSACTIONS.—

6 ‘‘(1) If the Attorney General furnishes to a reg7 ulated person the name or other identifying char8 acteristic of a person suspected of handling listed

9 chemicals in an unlawful manner, then before com10 pleting a transaction with the identified person the

11 regulated person shall notify the Attorney General of

12 the transaction in the time and manner directed by

13 the Attorney General.

14 ‘‘(2) The Attorney General may order the sus15 pension of any transaction involving a listed chemi16 cal, where there is a reasonable basis to believe that

17 the transaction will facilitate the unlawful manufac18 ture of a listed chemical or controlled substance.

19 From and after the time when the Attorney General

20 provides written notice of the order to the regulated

21 person (including the legal and factual basis for the

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

23 transaction.

24 ‘‘(3) Upon written request to the Attorney Gen25 eral, a regulated person to whom an order applies
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1 under paragraph (2) is entitled to an agency hear2 ing, on the record, in accordance with subchapter II

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

4 hearing shall be held on an expedited basis and not

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

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

7 requested by the regulated person.’’.

8 SEC. 428. DIVERSION OF CERTAIN COMBINATION DRUG

9 PRODUCTS.

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

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

12 (iv)(I)(aa) by—

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

14 the end; and

15 (2) inserting ‘‘, pseudoephedrine or its salts, op16 tical isomers, or salts of optical isomers, or phenyl17 propanolamine or its salts, optical isomers, or salts

18 of optical isomers unless otherwise provided by regu19 lation of the Attorney General issued pursuant to

20 section 204(e) of this title;’’.

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

22 U.S.C. 814) is amended by adding at the end the following

23 new subsection:

24 ‘‘(e) The Attorney General may by regulation rein25 state the exemption with respect to a particular ephedrine,
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1 pseudoephedrine or phenylpropanolamine drug product if

2 the Attorney General determines that the drug product is

3 manufactured and distributed in a manner that prevents

4 diversion. In making this determination the Attorney Gen5 eral shall consider the factors listed in subsection (d)(2)

6 of this section. Any regulation issued pursuant to this sub7 section may be amended or revoked based on the factors

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

9 SEC. 429. SEIZURE AND FORFEITURE OF REGULATED

10 CHEMICALS.

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

12 U.S.C. 844) is amended—

13 (1) in subsection (a)—

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

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

16 any list I chemical obtained pursuant to or

17 under authority of a registration issued to that

18 person under section 303 of this title or section

19 1008 of title III if that registration has been

20 revoked or suspended, if that registration has

21 expired or if the registrant has ceased to do

22 business in the manner contemplated by his

23 registration’’; and

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

25 or narcotic’’ wherever that phrase appears; and
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1 (2) in subsection (c)—

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

3 or narcotic’’; and

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

5 chemical or a chemical controlled under state

6 law’’ after ‘‘this subchapter’’.

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

8 (21 U.S.C. 881(a)) is amended—

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

10 chemical’’ after ‘‘controlled substance’’;

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

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

13 (3) in paragraph (9) by striking ‘‘a felony pro14 vision of’’.

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

16 1607) is amended by—

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

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

19 (2) by amending paragraph (b) to read as fol20 lows:

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

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

23 these terms in section 102 of the Controlled Substances

24 Act (21 U.S.C. 802).’’.
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1 SEC. 430. PENALTIES FOR ADDITIONAL UNLAWFUL ACT.

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

3 (21 U.S.C. 842(a)) is amended by—

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

5 semicolon;

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

7 and inserting ‘‘; or’’; and

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

9 ‘‘(11) to sell or otherwise distribute a labora10 tory supply to a person who uses or attempts to use

11 the laboratory supply to manufacture a controlled

12 substance or listed chemical in violation of this sub13 chapter or subchapter II of this chapter, without ex14 ercising reasonable care to assure that the labora15 tory supply will not be used for an illicit purpose;

16 provided, that the person or firm has been notified

17 by the Attorney General, or otherwise had actual

18 knowledge, that within the previous two years, a lab19 oratory supply sold or otherwise distributed by the

20 person has been found at a clandestine laboratory

21 for the unlawful production of a controlled substance

22 or listed chemical, or has been found in the posses23 sion of a person who intends to use or furnish the

24 laboratory supply to such a clandestine laboratory.

25 As used in this paragraph, the term ‘laboratory sup26 ply’ means a listed chemical or substance on a spe-
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1 cial surveillance list published by the Attorney Gen2 eral, which list contains chemicals, products, mate3 rials, or equipment used in the manufacture of con4 trolled substances and listed chemicals.’’.

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

6 (21 U.S.C. 842(c)) is amended by adding a new subpara7 graph (2)(C), as follows:

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

9 elsewhere in this subchapter or subchapter II of

10 this chapter, any person who violates paragraph

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

12 respect to any such violation, be subject to a

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

14 violator is an individual, and not more than

15 $250,000 if the violator is other than an indi16 vidual, but shall not be subject to criminal pen17 alties for such act under this section.’’.

Æ