270
(b) AMENDMENT
TO BASE ALLOCATION.—Section
1501(a)(2)(A) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by striking
‘‘$100,000’’ and inserting ‘‘$250,000’’.
SEC. 1402. RURAL DRUG ENFORCEMENT TASK FORCES.
(a) ESTABLISHMENT.—Not later than 1 year after
the date of enactment of this Act, the Attorney General,
in consultation with the Governors, mayors, and chief ex-
ecutive officers of State and local law enforcement agen-
cies, shall establish a Rural Drug Enforcement Task
Force in each of the Federal judicial districts which en-
compass significant rural lands.
(b) TASK FORCE MEMBERSHIP.—The task forces es-
tablished under subsection (a) shall be chaired by the
United States Attorney for the respective Federal judicial
district. The task forces shall include representatives
from—
(1) State and local law enforcement agencies;
(2) the Drug Enforcement Administration;
(3) the Federal Bureau of Investigation;
(4) the Immigration and Naturalization Service;
and
(5) law enforcement officers from the United
States Park Police, United States Forest Service
and Bureau of Land Management, and such other
271
Federal law enforcement agencies as the Attorney
General may direct.
SEC. 1403. CROSS-DESIGNATION OF FEDERAL OFFICERS.
The Attorney General may cross-designate up to 100
law enforcement officers from each of the agencies speci-
fied under section 1502(b)(5) with jurisdiction to enforce
the provisions of the Controlled Substances Act on non-
Federal lands to the extent necessary to effect the pur-
poses of this title.
SEC. 1404. RURAL DRUG ENFORCEMENT TRAINING.
(a) SPECIALIZED
TRAINING
FOR
RURAL
OFFI-
CERS.—The Director of the Federal Law Enforcement
Training Center shall develop a specialized course of in-
struction devoted to training law enforcement officers
from rural agencies in the investigation of drug trafficking
and related crimes.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $1,000,000 for each of the
fiscal years 1994, 1995 and 1996 to carry out the pur-
poses of subsection (a) of this section.
272
Subtitle B—Drug Free Truck Stops
and Safety Rest Areas
SEC. 1405. DRUG FREE TRUCK STOPS AND SAFETY REST
AREAS.
(a) AMENDMENT
TO
CONTROLLED
SUBSTANCES
ACT.—
(1) IN
GENERAL.—Part D of the Controlled
Substances Act (21 U.S.C. 801 et seq.) is amended
by inserting after section 408 the following new sec-
tion:
‘‘TRANSPORTATION SAFETY OFFENSES
‘‘SEC. 409. (a) Any person who violates section
401(a)(1) or section 416 by distributing or possessing
with intent to distribute a controlled substance in or on,
or within 1,000 feet of, a truck stop or safety rest area
is (except as provided in subsection (b)) subject to—
‘‘(1) twice the maximum punishment authorized
by section 401(b); and
‘‘(2) twice any term of supervised release au-
thorized by section 401(b) for a first offense.
‘‘(b) Any person who violates section 401(a)(1) or
section 416 by distributing or possessing with intent to
distribute a controlled substance in or on, or within 1,000
feet of, a truck stop or a safety rest area after a prior
273
conviction or convictions under subsection (a) have become
final is subject to—
‘‘(1) 3 times the maximum punishment author-
ized by section 401(b); and
‘‘(2) 3 times any term of supervised release au-
thorized by section 401(b) for a first offense.
‘‘(c) For purposes of this section—
‘‘(1) the term ‘safety rest area’ means a road-
side facility with parking facilities for the rest or
other needs of motorists; and
‘‘(2) the term ‘truck stop’ means any facility
(including any parking lot appurtenant thereto) that
has the capacity to provide fuel or service, or both,
to any commercial motor vehicle as defined under
section 12019(6) of the Commercial Motor Vehicle
Safety Act of 1986, operating in commerce as de-
fined in section 12019(3) of such Act and that is lo-
cated within 2,500 feet of the National System of
Interstate and Defense Highways or the Federal-Aid
Primary System.’’.
(2) CONFORMING AMENDMENTS.—
(A) CROSS
REFERENCE.—Section 401(b)
of such Act (21 U.S.C. 841(b)) is amended by
inserting ‘‘409,’’ immediately before ‘‘418,’’
each place it appears.
274
(B) TABLE OF CONTENTS.—The table of
contents of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 is amended
by striking the item relating to section 409, the
following new item:
‘‘Sec. 409. Transportation safety offenses.’’.
(b) SENTENCING GUIDELINES.—
(1) PROMULGATION
OF
GUIDELINES.—Pursu-
ant to its authority under section 994 of title 28,
United States Code, and section 21 of the Sentenc-
ing Act of 1987 (28 U.S.C. 994 note), the United
States Sentencing Commission shall amend its sen-
tencing guidelines to provide an appropriate en-
hancement of punishment for a defendant convicted
of violating section 409 of the Controlled Substances
Act, as added by subsection (a).
(2) LIMITATION.—The guidelines described in
paragraph (1), as amended under this subsection,
shall provide that an offense that could be subject
to multiple enhancements pursuant to this sub-
section is subject to not more than one such en-
hancement.
275
TITLE XV—DRUG CONTROL
Subtitle A—Drug Emergency Areas
SEC. 1501. DRUG EMERGENCY AREAS.
Section 1005 of the National Narcotics Leadership
Act of 1988 (21 U.S.C. 1504) is amended by adding at
the end the following:
‘‘(e) DECLARATION OF DRUG EMERGENCY AREAS.—
‘‘(1) PRESIDENTIAL DECLARATION.—(A) In the
event that a major drug-related emergency exists
throughout a State or a part of a State or where the
threat of a drug-related emergency exists to part of
a State bordering part of a foreign country where a
drug-related emergency is known to exist, the Presi-
dent may, in consultation with the Director and
other appropriate officials, declare such State or
part of a State to be a drug emergency area and
may take any and all necessary actions authorized
by this subsection or otherwise authorized by law.
‘‘(B) For the purposes of this subsection, the
term ‘major drug-related emergency’ means any oc-
casion or instance in which drug smuggling, drug
trafficking, drug abuse, or drug-related violence
reaches such levels, as determined by the President,
that Federal assistance is needed to supplement
276
State and local efforts and capabilities to save lives,
and to protect property and public health and safety.
‘‘(2) PROCEDURE FOR DECLARATION.—(A) All
requests for a declaration by the President designat-
ing an area to be a drug emergency area shall be
made, in writing, by the Governor or chief executive
officer of any affected State or local government, re-
spectively, and shall be forwarded to the President
through the Director in such form as the Director
may by regulation require. One or more cities, coun-
ties, or States may submit a joint request for des-
ignation as a drug emergency area under this sub-
section.
‘‘(B) Any request made under subparagraph
(A) of this paragraph shall be based on a written
finding that the major drug-related emergency is of
such severity and magnitude, that Federal assistance
is necessary to assure an effective response to save
lives, and to protect property and public health and
safety.
‘‘(C) The President shall not limit declarations
made under this subsection to highly-populated cen-
ters of drug trafficking, drug smuggling, drug use or
drug-related violence, but shall also consider applica-
tions from governments of less populated areas
277
where the magnitude and severity of such activities
is beyond the capability of the State or local govern-
ment to respond.
‘‘(D) As part of a request for a declaration by
the President under this subsection, and as a pre-
requisite to Federal drug emergency assistance
under this subsection, the Governor(s) or chief exec-
utive officer(s) shall—
‘‘(i) take appropriate action under State or
local law and furnish such information on the
nature and amount of State and local resources
which have been or will be committed to alle-
viating the major drug-related emergency;
‘‘(ii) certify that State and local govern-
ment obligations and expenditures will comply
with all applicable cost-sharing requirements of
this subsection; and
‘‘(iii) submit a detailed plan outlining that
government’s short- and long-term plans to re-
spond to the major drug-related emergency,
specifying the types and levels of Federal assist-
ance requested, and including explicit goals
(where possible quantitative goals) and time-
tables and shall specify how Federal assistance
278
provided under this subsection is intended to
achieve such goals.
‘‘(E) The Director shall review any request sub-
mitted pursuant to this subsection and forward the
application, along with a recommendation to the
President on whether to approve or disapprove the
application, within 30 days after receiving such ap-
plication. Based on the application and the rec-
ommendation of the Director, the President may de-
clare an area to be a drug emergency area under
this subsection.
‘‘(3) FEDERAL
MONETARY
ASSISTANCE.—(A)
The President is authorized to make grants to State
or local governments of up to, in the aggregate for
any 
single 
major 
drug-related 
emergency,
$25,000,000.
‘‘(B) The Federal share of assistance under this
section shall not be greater than 75 percent of the
costs necessary to implement the short- and long-
term plan outlined in paragraph (2)(D)(iii).
‘‘(C) Federal assistance under this subsection
shall not be provided to a drug disaster area for
more than 1 year. In any case where Federal assist-
ance is provided under this Act, the Governor(s) or
chief executive officer(s) may apply to the President,
279
through the Director, for an extension of assistance
beyond 1 year. The President, based on the rec-
ommendation of the Director, may extend the provi-
sion of Federal assistance for not more than an ad-
ditional 180 days.
‘‘(D) Any State or local government receiving
Federal assistance under this subsection shall bal-
ance the allocation of such assistance evenly between
drug supply reduction and drug demand reduction
efforts, unless State or local conditions dictate other-
wise.
‘‘(4) NONMONETARY ASSISTANCE.—In addition
to the assistance provided under paragraph (3), the
President may—
‘‘(A) direct any Federal agency, with or
without reimbursement, to utilize its authorities
and the resources granted to it under Federal
law (including personnel, equipment, supplies,
facilities, and managerial, technical, and advi-
sory services) in support of State and local as-
sistance efforts; and
‘‘(B) provide technical and advisory assist-
ance, including communications support and
law enforcement-related intelligence informa-
tion.
280
‘‘(5) ISSUANCE
OF
IMPLEMENTING
REGULA-
TIONS.—Not later than 90 days after the date of the
enactment of this subsection, the Director shall issue
regulations to implement this subsection, including
such regulations as may be necessary relating to ap-
plications for Federal assistance and the provision of
Federal monetary and nonmonetary assistance.
‘‘(6) AUDIT BY COMPTROLLER GENERAL.—As-
sistance under this subsection shall be subject to an-
nual audit by the Comptroller General.
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated for each of
fiscal years 1994, 1995, and 1996, $100,000,000 to
carry out this subsection.’’.
Subtitle B—Precursor Chemicals
SEC. 1502. DEFINITION AMENDMENTS.
(a) DEFINITIONS.—Section 102 of the Controlled
Substances Act (21 U.S.C. 802) is amended—
(1) in paragraph (33) by striking ‘‘any listed
precursor chemical or listed essential chemical’’ and
inserting ‘‘any list I chemical or any list II chemi-
cal’’;
(2) in paragraph (34)—
(A) by striking ‘‘listed precursor chemical’’
and inserting ‘‘list I chemical’’; and
281
(B) by striking ‘‘critical to the creation’’
and inserting ‘‘important to the manufacturer’’;
(3) in paragraph (34) (A), (F), and (H), by in-
serting ‘‘, its esters’’ before ‘‘and’’;
(4) in paragraph (35)—
(A) by striking ‘‘listed essential chemical’’
and inserting ‘‘list II chemical’’;
(B) by inserting ‘‘(other than a list I
chemical)’’ before ‘‘specified’’;
(C) by striking ‘‘as a solvent, reagent, or
catalyst’’; and
(5) in paragraph (38) by inserting ‘‘or who acts
as a broker or trader for an international trans-
action involving a listed chemical, a tableting ma-
chine, or an encapsulating machine’’ before the pe-
riod;
(6) in paragraph (39)(A)—
(A) by striking ‘‘importation or exportation
of’’ and inserting ‘‘importation, or exportation
of, or an international transaction involving
shipment of,’’;
(B) in clause (iii) by inserting ‘‘or any cat-
egory of transaction for a specific listed chemi-
cal or chemicals’’ after ‘‘transaction’’;
282
(C) by amending clause (iv) to read as fol-
lows:
‘‘(iv) any transaction in a listed chemical
that is contained in a drug that may be mar-
keted or distributed lawfully in the United
States under the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 301 et seq.) unless—
‘‘(I)(aa) the drug contains ephedrine
or its salts, optical isomers, or salts of op-
tical isomers as the only active medicinal
ingredient or contains ephedrine and thera-
peutically insignificant quantities of an-
other active medicinal ingredient; or
‘‘(bb) the Attorney General has deter-
mined under section 204 that the drug or
group of drugs is being diverted to obtain
the listed chemical for use in the illicit pro-
duction of a controlled substance; and
‘‘(II) the quantity of ephedrine or
other listed chemical contained in the drug
included in the transaction or multiple
transactions equals or exceeds the thresh-
old established for that chemical by the At-
torney General.’’; and
283
(D) in clause (v) by striking the semicolon
and inserting ‘‘which the Attorney General has
by regulation designated as exempt from the
application of this title and title II based on a
finding that the mixture is formulated in such
a way that it cannot be easily used in the illicit
production of a controlled substance and that
the listed chemical or chemicals contained in
the mixture cannot be readily recovered;’’;
(7) in paragraph (40) by striking ‘‘listed pre-
cursor chemical or a listed essential chemical’’ each
place it appears and inserting ‘‘list I chemical or a
list II chemical’’; and
(8) by adding at the end the following new
paragraphs:
‘‘(43) The term ‘international transaction’ means a
transaction involving the shipment of a listed chemical
across an international border (other than a United States
border) in which a broker or trader located in the United
States participates.
‘‘(44) The terms ‘broker’ and ‘trader’ mean a person
that assists in arranging an international transaction in
a listed chemical by—
‘‘(A) negotiating contracts;
‘‘(B) serving as an agent or intermediary; or
284
‘‘(C) bringing together a buyer and seller,
buyer, and transporter, or a seller and transporter.’’.
(b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS.—
(1) PROCEDURE.—Part B of the Controlled
Substances Act (21 U.S.C. 811 et seq.) is amended
by adding at the end the following new section:
‘‘REMOVAL OF EXEMPTION OF CERTAIN DRUGS
‘‘SEC. 204. (a) REMOVAL OF EXEMPTION.—The At-
torney General shall by regulation remove from exemption
under section 102(39)(A)(iv)(II) a drug or group of drugs
that the Attorney General finds is being diverted to obtain
a listed chemical for use in the illicit production of a con-
trolled substance.
‘‘(b) FACTORS TO BE CONSIDERED.—In removing a
drug or group of drugs from exemption under subsection
(a), the Attorney General shall consider, with respect to
a drug or group of drugs that is proposed to be removed
from exemption—
‘‘(1) the scope, duration, and significance of the
diversion;
‘‘(2) whether the drug or group of drugs is for-
mulated in such a way that it cannot be easily used
in the illicit production of a controlled substance;
and
‘‘(3) whether the listed chemical can be readily
recovered from the drug or group of drugs.
285
‘‘(c) SPECIFICITY OF DESIGNATION.—The Attorney
General shall limit the designation of a drug or a group
of drugs removed from exemption under subsection (a) to
the most particularly identifiable type of drug or group
of drugs for which evidence of diversion exists unless there
is evidence, based on the pattern of diversion and other
relevant factors, that the diversion will not be limited to
that particular drug or group of drugs.
‘‘(d) REINSTATEMENT
OF EXEMPTION WITH RE-
SPECT TO PARTICULAR DRUG PRODUCTS.—
‘‘(1) REINSTATEMENT.—On application by a
manufacturer of a particular drug product that has
been removed from exemption under subsection (a),
the Attorney General shall by regulation reinstate
the exemption with respect to that particular drug
product if the Attorney General determines that the
particular drug product is manufactured and distrib-
uted in a manner that prevents diversion.
‘‘(2) FACTORS TO BE CONSIDERED.—In decid-
ing whether to reinstate the exemption with respect
to a particular drug product under paragraph (1),
the Attorney General shall consider—
‘‘(A) the package sizes and manner of
packaging of the drug product;
286
‘‘(B) the manner of distribution and adver-
tising of the drug product;
‘‘(C) evidence of diversion of the drug
product;
‘‘(D) any actions taken by the manufac-
turer to prevent diversion of the drug product;
and
‘‘(E) such other factors as are relevant to
and consistent with the public health and safe-
ty, including the factors described in subsection
(b) as applied to the drug product.
‘‘(3) STATUS PENDING APPLICATION FOR REIN-
STATEMENT.—A transaction involving a particular
drug product that is the subject of a bona fide pend-
ing application for reinstatement of exemption filed
with the Attorney General not later than 60 days
after a regulation removing the exemption is issued
pursuant to subsection (a) shall not be considered to
be a regulated transaction if the transaction occurs
during the pendency of the application and, if the
Attorney General denies the application, during the
period of 60 days following the date on which the
Attorney General denies the application, unless—
‘‘(A) the Attorney General has evidence
that, applying the factors described in sub-
287
section (b) to the drug product, the drug prod-
uct is being diverted; and
‘‘(B) the Attorney General so notifies the
applicant.
‘‘(4) AMENDMENT AND MODIFICATION.—A reg-
ulation reinstating an exemption under paragraph
(1) may be modified or revoked with respect to a
particular drug product upon a finding that—
‘‘(A) applying the factors described in sub-
section (b) to the drug product, the drug prod-
uct is being diverted; or
‘‘(B) there is a significant change in the
data that led to the issuance of the regula-
tion.’’.
(2) TECHNICAL
AMENDMENT.—The table of
contents of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970 (84 Stat. 1236) is
amended by adding at the end of the section relating
to part B of title II the following new item:
‘‘Sec. 204. Removal of exemption of certain drugs.’’.
(c) REGULATION OF LISTED CHEMICALS.—Section
310 of the Controlled Substances Act (21 U.S.C. 830) is
amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘precursor chemical’’ and
inserting ‘‘list I chemical’’; and
288
(B) in subparagraph (B) by striking ‘‘an
essential chemical’’ and inserting ‘‘a list II
chemical’’; and
(2) in subsection (c)(2)(D) by striking ‘‘precur-
sor chemical’’ and inserting ‘‘chemical control’’.
SEC. 1503. REGISTRATION REQUIREMENTS.
(a) RULES AND REGULATIONS.—Section 301 of the
Controlled Substances Act (21 U.S.C. 821) is amended
by striking the period and inserting ‘‘and to the registra-
tion and control of regulated persons and of regulated
transactions.’’.
(b) PERSONS REQUIRED TO REGISTER UNDER SEC-
TION 302.—Section 302 of the Controlled Substances Act
(21 U.S.C. 822) is amended—
(1) in subsection (a)(1) by inserting ‘‘or list I
chemical’’ after ‘‘controlled substance’’ each place it
appears;
(2) in subsection (b)—
(A) by inserting ‘‘or list I chemicals’’ after
‘‘controlled substances’’; and
(B) by inserting ‘‘or chemicals’’ after
‘‘such substances’’;
(3) in subsection (c) by inserting ‘‘or list I
chemical’’ after ‘‘controlled substance’’ each place it
appears; and
289
(4) in subsection (e) by inserting ‘‘or list I
chemicals’’ after ‘‘controlled substances’’.
(c) REGISTRATION REQUIREMENTS UNDER SECTION
303.—Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended by adding at the end the following
new subsection:
‘‘(h) The Attorney General shall register an applicant
to distribute a list I chemical unless the Attorney General
determines that registration of the applicant is inconsist-
ent with the public interest. Registration under this sub-
section shall not be required for the distribution of a drug
product that is exempted under section 102(39)(A)(iv). In
determining the public interest for the purposes of this
subsection, the Attorney General shall consider—
‘‘(1) maintenance by the applicant of effective
controls against diversion of listed chemicals into
other than legitimate channels;
‘‘(2) compliance by the applicant with applica-
ble Federal, State and local law;
‘‘(3) any prior conviction record of the appli-
cant under Federal or State laws relating to con-
trolled substances or to chemicals controlled under
Federal or State law;
‘‘(4) any past experience of the applicant in the
manufacture and distribution of chemicals; and
290
‘‘(5) such other factors as are relevant to and
consistent with the public health and safety.’’.
(d) DENIAL, REVOCATION, OR SUSPENSION OF REG-
ISTRATION.—Section 304 of the Controlled Substances
Act (21 U.S.C. 824) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘or a list I chemical’’
after ‘‘controlled substance’’ each place it ap-
pears; and
(B) by inserting ‘‘or list I chemicals’’ after
‘‘controlled substances’’;
(2) in subsection (b) by inserting ‘‘or list I
chemical’’ after ‘‘controlled substance’’;
(3) in subsection (f) by inserting ‘‘or list I
chemicals’’ after ‘‘controlled substances’’ each place
it appears; and
(4) in subsection (g)—
(A) by inserting ‘‘or list I chemicals’’ after
‘‘controlled substances’’ each place it appears;
and
(B) by inserting ‘‘or list I chemical’’ after
‘‘controlled substance’’ each place it appears.
(e) PERSONS REQUIRED TO REGISTER UNDER SEC-
TION 1007.—Section 1007 of the Controlled Substances
Import and Export Act (21 U.S.C. 957) is amended—
291
(1) in subsection (a)—
(A) in paragraph (1) by inserting ‘‘or list
I chemical’’ after ‘‘controlled substance’’; and
(B) in paragraph (2) by striking ‘‘in sched-
ule I, II, III, IV, or V,’’ and inserting ‘‘or list
I chemical,’’; and
(2) in subsection (b)—
(A) in paragraph (1) by inserting ‘‘or list
I chemical’’ after ‘‘controlled substance’’ each
place it appears; and
(B) in paragraph (2) by inserting ‘‘or list
I chemicals’’ after ‘‘controlled substances’’.
(f) REGISTRATION REQUIREMENTS UNDER SECTION
1008.—Section 1008 of the Controlled Substances Import
and Export Act (21 U.S.C. 958) is amended—
(1) in subsection (c)—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2)(A) The Attorney General shall register an appli-
cant to import or export a list I chemical unless the Attor-
ney General determines that registration of the applicant
is inconsistent with the public interest. Registration under
this subsection shall not be required for the import or ex-
292
port of a drug product that is exempted under section
102(39)(A)(iv).
‘‘(B) In determining the public interest for the pur-
poses of subparagraph (A), the Attorney General shall
consider the factors specified in section 303(h).’’;
(2) in subsection (d)—
(A) in paragraph (3) by inserting ‘‘or list
I chemical or chemicals,’’ after ‘‘substances,’’;
and
(B) in paragraph (6) by inserting ‘‘or list
I chemicals’’ after ‘‘controlled substances’’ each
place it appears;
(3) in subsection (e) by striking ‘‘and 307’’ and
inserting ‘‘307, and 310’’; and
(4) in subsections (f), (g), and (h) by inserting
‘‘or list I chemicals’’ after ‘‘controlled substances’’
each place it appears.
(g) PROHIBITED ACTS C.—Section 403(a) of the
Controlled Substances Act (21 U.S.C. 843(a)) is amend-
ed—
(1) by striking ‘‘or’’ at the end of paragraph
(7);
(2) by striking the period at the end of para-
graph (8) and inserting ‘‘; or’’; and
293
(3) by adding at the end the following new
paragraph:
‘‘(9) if the person is a regulated person, to dis-
tribute, import, or export a list I chemical without
the registration required by this Act.’’.
SEC. 1504. REPORTING OF LISTED CHEMICAL MANUFAC-
TURING.
Section 310(b) of the Controlled Substances Act (21
U.S.C. 830(b)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by redesignating paragraphs (1), (2), (3),
and (4) as subparagraphs (A), (B), (C), and (D), re-
spectively;
(3) by striking ‘‘paragraph (1)’’ each place it
appears and inserting ‘‘subparagraph (A)’’;
(4) by striking ‘‘paragraph (2)’’ and inserting
‘‘subparagraph (B)’’;
(5) by striking ‘‘paragraph (3)’’ and inserting
‘‘subparagraph (C)’’; and
(6) by adding at the end the following new
paragraph:
‘‘(2) A regulated person that manufactures a
listed chemical shall report annually to the Attorney
General, in such form and manner and containing
such specific data as the Attorney General shall pre-
294
scribe by regulation, information concerning listed
chemicals manufactured by the person. The require-
ment of the preceding sentence shall not apply to the
manufacture of a drug product that is exempted
under section 102(39)(A)(iv).’’.
SEC. 1505. REPORTS BY BROKERS AND TRADERS; CRIMINAL
PENALTIES.
(a) NOTIFICATION, SUSPENSION OF SHIPMENT, AND
PENALTIES WITH RESPECT TO IMPORTATION AND EX-
PORTATION OF LISTED CHEMICALS.—Section 1018 of the
Controlled Substances Import and Export Act (21 U.S.C.
971) is amended by adding at the end the following new
subsection:
‘‘(d) A person located in the United States who is
a broker or trader for an international transaction in a
listed chemical that is a regulated transaction solely be-
cause of that person’s involvement as a broker or trader
shall, with respect to that transaction, be subject to all
of the notification, reporting, recordkeeping, and other re-
quirements placed upon exporters of listed chemicals by
this title and title II.’’.
(b) PROHIBITED ACTS A.—Section 1010(d) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(d)) is amended to read as follows:
‘‘(d) A person who knowingly or intentionally—
295
‘‘(1) imports or exports a listed chemical with
intent to manufacture a controlled substance in vio-
lation of this title or title II;
‘‘(2) exports a listed chemical in violation of the
laws of the country to which the chemical is ex-
ported or serves as a broker or trader for an inter-
national transaction involving a listed chemical, if
the transaction is in violation of the laws of the
country to which the chemical is exported;
‘‘(3) imports or exports a listed chemical know-
ing, or having reasonable cause to believe, that the
chemical will be used to manufacture a controlled
substance in violation of this title or title II; or
‘‘(4) exports a listed chemical, or serves as a
broker or trader for an international transaction in-
volving a listed chemical, knowing, or having reason-
able cause to believe, that the chemical will be used
to manufacture a controlled substance in violation of
the laws of the country to which the chemical is ex-
ported,
shall be fined in accordance with title 18, imprisoned not
more than 10 years, or both.’’.
296
SEC. 1506. EXEMPTION AUTHORITY; ADDITIONAL PEN-
ALTIES.
(a) NOTIFICATION REQUIREMENT.—Section 1018 of
the Controlled Substances Import and Export Act (21
U.S.C. 971), as amended by section 5(a), is amended by
adding at the end the following new subsection:
‘‘(e)(1) The Attorney General may by regulation re-
quire that the 15-day notification requirement of sub-
section (a) apply to all exports of a listed chemical to a
specified country, regardless of the status of certain cus-
tomers in such country as regular customers, if the Attor-
ney General finds that such notification is necessary to
support effective chemical diversion control programs or
is required by treaty or other international agreement to
which the United States is a party.
‘‘(2) The Attorney General may by regulation waive
the 15-day notification requirement for exports of a listed
chemical to a specified country if the Attorney General
determines that such notification is not required for effec-
tive chemical diversion control. If the notification require-
ment is waived, exporters of the listed chemical shall be
required to submit to the Attorney General reports of indi-
vidual exportations or periodic reports of such exportation
of the listed chemical, at such time or times and contain-
ing such information as the Attorney General shall estab-
lish by regulation.
297
‘‘(3) The Attorney General may by regulation waive
the 15-day notification requirement for the importation of
a listed chemical if the Attorney General determines that
such notification is not necessary for effective chemical di-
version control. If the notification requirement is waived,
importers of the listed chemical shall be required to submit
to the Attorney General reports of individual importations
or periodic reports of the importation of the listed chemi-
cal, at such time or times and containing such information
as the Attorney General shall establish by regulation.’’.
(b) PROHIBITED ACTS A.—Section 1010(d) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(d)), as amended by section 5(b),. is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(3);
(2) by striking the comma at the end of para-
graph (4) and inserting a semicolon; and
(3) by adding at the end the following new
paragraphs:
‘‘(5) imports or exports a listed chemical, with
the intent to evade the reporting or recordkeeping
requirements of section 1018 applicable to such im-
portation or exportation by falsely representing to
the Attorney General that the importation or expor-
tation qualifies for a waiver of the 15-day notifica-
298
tion requirement granted pursuant to section
1018(e) (2) or (3) by misrepresenting the actual
country of final destination of the listed chemical or
the actual listed chemical being imported or ex-
ported; or
‘‘(6) imports or exports a listed chemical in vio-
lation of section 1007 or 1018,’’.
SEC. 1507. AMENDMENTS TO LIST I.
Section 102(34) of the Controlled Substances Act (21
U.S.C. 802(34)) is amended—
(1) by striking subparagraphs (O), (U), and
(W);
(2) by redesignating subparagraphs (P) through
(T) as (O) through (S), subparagraph (V) as (T),
and subparagraphs (X) and (Y) as (U) and (X), re-
spectively;
(3) in subparagraph (X), as redesignated by
paragraph (2), by striking ‘‘(X)’’ and inserting
‘‘(U)’’; and
(4) by inserting after subparagraph (U), as re-
designated by paragraph (2), the following new sub-
paragraphs:
‘‘(V) benzaldehyde.
‘‘(W) nitroethane.’’.
299
SEC. 1508. ELIMINATION OF REGULAR SUPPLIER STATUS
AND CREATION OF REGULAR IMPORTER STA-
TUS.
(a) DEFINITION.—Section 102(37) of the Controlled
Substances Act (21 U.S.C. 802(37)) is amended to read
as follows:
‘‘(37) The term ‘regular importer’ means, with re-
spect to a listed chemical, a person that has an established
record as an importer of that listed chemical that is re-
ported to the Attorney General.’’.
(b) NOTIFICATION.—Section 1018 of the Controlled
Substances Act (21 U.S.C. 971) is amended—
(1) in subsection (b)—
(A) in paragraph (1) by striking ‘‘regular
supplier of the regulated person’’ and inserting
‘‘to an importation by a regular importer’’; and
(B) in paragraph (2)—
(i) by striking ‘‘a customer or supplier
of a regulated person’’ and inserting ‘‘a
customer of a regulated person or to an
importer’’; and
(ii) by striking ‘‘regular supplier’’ and
inserting ‘‘the importer as a regular im-
porter’’; and
(2) in subsection (c)(1) by striking ‘‘regular
supplier’’ and inserting ‘‘regular importer’’.
300
SEC. 1509. ADMINISTRATIVE INSPECTIONS AND AUTHOR-
ITY.
Section 510 of the Controlled Substances Act (21
U.S.C. 880) is amended—
(1) by amending subsection (a)(2) to read as
follows:
‘‘(2) places, including factories, warehouses,
and other establishments, and conveyances, where
persons registered under section 303 (or exempt
from registration under section 302(d) or by regula-
tion of the Attorney General) or regulated persons
may lawfully hold, manufacture, distribute, dispense,
administer, or otherwise dispose of controlled sub-
stances or listed chemicals or where records relating
to those activities are maintained.’’; and
(2) in subsection (b)(3)—
(A) in subparagraph (B) by inserting ‘‘,
listed chemicals,’’ after ‘‘unfinished drugs’’; and
(B) in subparagraph (C) by inserting ‘‘or
listed chemical’’ after ‘‘controlled substance’’
and inserting ‘‘or chemical’’ after ‘‘such sub-
stance’’.
SEC. 1510. THRESHOLD AMOUNTS.
Section 102(39)(A) of the Controlled Substances Act
(21 U.S.C. 802(39)(A)), as amended by section 2, is
amended by inserting ‘‘of a listed chemical, or if the Attor-
301
ney General establishes a threshold amount for a specific
listed chemical,’’ before ‘‘a threshold amount, including a
cumulative threshold amount for multiple transactions’’.
SEC. 1511. MANAGEMENT OF LISTED CHEMICALS.
(a) IN GENERAL.—Part C of the Controlled Sub-
stances Act (21 U.S.C. 821 et seq.) is amended by adding
at the end the following new section:
‘‘MANAGEMENT OF LISTED CHEMICALS
‘‘SEC. 311. (a) OFFENSE.—It is unlawful for a per-
son who possesses a listed chemical with the intent that
it be used in the illegal manufacture of a controlled sub-
stance to manage the listed chemical or waste from the
manufacture of a controlled substance otherwise than as
required by regulations issued under sections 3001, 3002,
3003, 3004, and 3005 of the Solid Waste Disposal Act
(42 U.S.C. 6921, 6922, 6923, 6924, and 6925).
‘‘(b) ENHANCED PENALTY.—(1) In addition to a
penalty that may be imposed for the illegal manufacture,
possession, or distribution of a listed chemical or toxic res-
idue of a clandestine laboratory, a person who violates sub-
section (a) shall be assessed the costs described in para-
graph (2) and shall be imprisoned as described in para-
graph (3).
‘‘(2) Pursuant to paragraph (1) a defendant shall be
assessed the following costs to the United States, a State,
or another authority or person that undertakes to correct
302
the results of the improper management of a listed chemi-
cal:
‘‘(A) The cost of initial cleanup and disposal of
the listed chemical and contaminated property.
‘‘(B) The cost of restoring property that is
damaged by exposure to a listed chemical for reha-
bilitation under Federal, State, and local standards.
‘‘(3)(A) A violation of subsection (a) shall be pun-
ished as a class D felony, or in the case of a willful viola-
tion, as a class C felony.
‘‘(B) The United States Sentencing Commission is
directed to amend the Sentencing Guidelines to provide
an appropriate enhancement of punishment for a willful
violation of subsection (a).
‘‘(4) A court may order that all or a portion of the
earnings from work performed by a defendant in prison
be withheld for payment of costs assessed under para-
graph (2).
‘‘(c) USE OF FORFEITED ASSETS.—The Attorney
General may direct that assets forfeited in connection with
a prosecution under this section be shared with State
agencies that participated in the seizure or cleaning up
of a contaminated site.’’.
303
(b) EXCEPTION TO DISCHARGE IN BANKRUPTCY.—
Section 523(a) of title 11, United States Code, is amend-
ed—
(1) by striking ‘‘or’’ at the end of paragraph
(11);
(2) by striking the period at the end of para-
graph (12) and inserting ‘‘; or’’; and
(3) by adding at the end the following new
paragraph:
‘‘(13) for costs assessed under section 311(b) of
the Controlled Substances Act.’’.
SEC. 1512. REGULATIONS AND EFFECTIVE DATE.
(a) REGULATIONS.—The Attorney General shall, not
later than 90 days after the date of enactment of this Act,
issue regulations necessary to carry out this subtitle.
(b) EFFECTIVE DATE.—This subtitle and the amend-
ments made by this subtitle shall take effect on the date
that is 120 days after the date of enactment of this Act.
Subtitle C—General Provisions
SEC. 1513. CLARIFICATION OF NARCOTIC OR OTHER DAN-
GEROUS DRUGS UNDER THE RICO STATUTE.
Section 1961(1) of title 18, United States Code, is
amended by striking ‘‘narcotic or other dangerous drugs’’
each place it appears and inserting in lieu thereof ‘‘a con-
304
trolled substance or listed chemical, as defined in section
102 of the Controlled Substances Act’’.
SEC. 1514. CONFORMING AMENDMENTS TO RECIDIVIST
PENALTY PROVISIONS OF THE CONTROLLED
SUBSTANCES ACT AND THE CONTROLLED
SUBSTANCES IMPORT AND EXPORT ACT.
(1) Sections 401(b)(1) (B), (C), and (D) of the Con-
trolled Substances Act (21 U.S.C. 841(b)(1) (B), (C), and
(D)) and sections 1010(b) (1), (2), and (3) of the Con-
trolled Substances Import and Export Act (21 U.S.C.
960(b) (1), (2), and (3)) are each amended in the sentence
or sentences beginning ‘‘If any person commits’’ by strik-
ing ‘‘one or more prior convictions’’ through ‘‘have become
final’’ and inserting in lieu thereof ‘‘a prior conviction for
a felony drug offense has become final’’;
(2) Section 1012(b) of the Controlled Substances Im-
port and Export Act (21 U.S.C. 962(b)) is amended by
striking ‘‘one or more prior convictions of him for a felony
under any provision of this title or title II or other law
of a State, the United States, or a foreign country relating
to narcotic drugs, marihuana, or depressant or stimulant
drugs, have become final’’ and inserting in lieu thereof
‘‘one or more prior convictions of such person for a felony
drug offense have become final’’.
305
(3) Section 401(b)(1)(A) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1)(A)) is amended by strik-
ing the sentence beginning ‘‘For purposes of this subpara-
graph, the term ‘felony drug offense’ means’’;
(4) Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended by adding at the end the following
new paragraph:
‘‘(43) The term ‘felony drug offense’ means an of-
fense that is punishable by imprisonment for more than
one year under any law of the United States or of a State
or foreign country that prohibits or restricts conduct relat-
ing to narcotic drugs, marihuana, or depressant or stimu-
lant substances.’’.
SEC. 1515. PENALTIES FOR DRUG DEALING IN PUBLIC
HOUSING AUTHORITY FACILITIES.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended—
(1) in subsection (a) by striking ‘‘playground,
or within’’ and inserting ‘‘playground, or housing fa-
cility owned by a public housing authority, or with-
in’’; and
(2) in subsection (b) by striking ‘‘playground,
or within’’ and inserting ‘‘playground, or housing fa-
cility owned by a public housing authority, or with-
in’’.
306
SEC. 1516. ANABOLIC STEROIDS PENALTIES.
Section 404 of the Controlled Substances Act (21
U.S.C. 844) is amended by inserting after subsection (a)
the following:
‘‘(b)(1) Whoever, being a physical trainer or adviser
to an individual, endeavors to persuade or induce that in-
dividual to possess or use anabolic steroids in violation of
subsection (a), shall be fined under title 18, United States
Code, or imprisoned not more than 2 years, or both. If
such individual has not attained the age of 18 years, the
maximum imprisonment shall be 5 years.
‘‘(2) As used in this subsection, the term ‘physical
trainer or adviser’ means any professional or amateur
coach, manager, trainer, instructor, or other such person,
who provides any athletic or physical instruction, training,
advice, assistance, or other such service to any person.’’.
SEC. 1517. ADVERTISING.
Section 403 of the Controlled Substances Act (21
U.S.C. 843) is amended—
(1) by inserting after subsection (b) the follow-
ing:
‘‘(c) It shall be unlawful for any person to print, pub-
lish, place, or otherwise cause to appear in any newspaper,
magazine, handbill, or other publications, any written ad-
vertisement knowing that it has the purpose of seeking
or offering illegally to receive, buy, or distribute a Sched-
307
ule I controlled substance. As used in this section the term
‘advertisement’ includes, in addition to its ordinary mean-
ing, such advertisements as those for a catalog of Schedule
I controlled substances and any similar written advertise-
ment that has the purpose of seeking or offering illegally
to receive, buy, or distribute a Schedule I controlled sub-
stance. The term ‘advertisement’ does not include material
which merely advocates the use of a similar material,
which advocates a position or practice, and does not at-
tempt to propose or facilitate an actual transaction in a
Schedule I controlled substance.’’; and
(2) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively.
SEC. 1518. ENHANCED PENALTIES FOR DRUG-DEALING IN
DRUG-FREE ZONES.
Pursuant to its authority under 994 of title 28, Unit-
ed States Code, the United States Sentencing Commission
shall amend the Sentencing Guidelines to provide an ap-
propriate enhancement of punishment for a defendant
convicted of violating section 419 of the Controlled Sub-
stances Act (21 U.S.C. 860).
SEC. 1519. NATIONAL DRUG CONTROL STRATEGY.
(a) IN GENERAL.—Section 1005(a) of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1504(a)) is
amended by adding at the end the following:
308
‘‘(5) Beginning with the first submission of a Na-
tional Drug Control Strategy to Congress after the date
of the enactment of the Violent Crime Control and Law
Enforcement Act of 1993, the goals, objectives, and prior-
ities of such Strategy shall include a goal for expanding
the availability of treatment for drug addiction.’’.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that among the long-term goals of the National
Drug Control Strategy should be the availability of drug
treatment to all who are in need of such treatment.
TITLE XVI—DRUNK DRIVING
PROVISIONS
SEC. 1601. STATE LAWS APPLIED IN AREAS OF FEDERAL JU-
RISDICTION.
Section 13(b) of title 18, United States Code, is
amended by—
(1) striking ‘‘For purposes’’ and inserting ‘‘(1)
Subject to paragraph (2) and for purposes’’; and
(2) adding at the end thereof the following new
paragraph:
‘‘(2)(A) In addition to any term of imprisonment pro-
vided for operating a motor vehicle under the influence
of a drug or alcohol imposed under the law of a State,
territory, possession, or district, the punishment for such
an offense under this section shall include an additional
309
term of imprisonment of not more than 1 year, or if seri-
ous bodily injury of a minor is caused, 5 years, or if death
of a minor is caused, 10 years, and an additional fine of
not more than $1,000, or both, if—
‘‘(i) a minor (other than the offender) was
present in the motor vehicle when the offense was
committed; and
‘‘(ii) the law of the State, territory, possession,
or district in which the offense occurred does not
provide an additional term of imprisonment under
the circumstances described in clause (i).
‘‘(B) For the purposes of subparagraph (A), the term
‘minor’ means a person less than 18 years of age.’’.
SEC. 1602. SENSE OF CONGRESS CONCERNING CHILD CUS-
TODY AND VISITATION RIGHTS.
It is the sense of the Congress that in determining
child custody and visitation rights, the courts should take
into consideration the history of drunk driving that any
person involved in the determination may have.
310
TITLE XVII—COMMISSIONS
Subtitle A—Commission on Crime
and Violence
SEC. 1701. ESTABLISHMENT OF COMMISSION ON CRIME
AND VIOLENCE.
There is established a commission to be known as the
‘‘National Commission on Crime and Violence in Amer-
ica’’. The Commission shall be composed of 22 members,
appointed as follows:
(1) 6 persons by the President;
(2) 8 persons by the Speaker of the House of
Representatives, two of whom shall be appointed on
the recommendation of the minority leader; and
(3) 8 persons by the President pro tempore of
the Senate, six of whom shall be appointed on the
recommendation of the majority leader of the Senate
and two of whom shall be appointed on the rec-
ommendation of the minority leader of the Senate.
SEC. 1702. PURPOSE.
The purposes of the Commission are as follows:
(1) To develop a comprehensive and effective
crime control plan which will serve as a ‘‘blueprint’’
for action in the 1990’s. The report shall include an
estimated cost for implementing any recommenda-
tions made by the Commission.
311
(2) To bring attention to successful models and
programs in crime prevention and crime control.
(3) To reach out beyond the traditional criminal
justice community for ideas when developing the
comprehensive crime control plan.
(4) To recommend improvements in the coordi-
nation of local, State, Federal, and international
border crime control efforts.
(5) To make a comprehensive study of the eco-
nomic and social factors lending to or contributing
to crime and specific proposals for legislative and
administrative actions to reduce crime and the ele-
ments that contribute to it.
(6) To recommend means of targeting finite
correctional facility space and resources to the most
serious and violent offenders, with the goal of
achieving the most cost-effective possible crime con-
trol and protection of the community and public
safety, with particular emphasis on examining the
issue of possible disproportionate incarceration rates
among black males and any other minority group
disproportionately represented in State and Federal
correctional populations, and to consider increased
use of alternatives to incarceration which offer a
312
reasonable prospect of equal or better crime control
at equal or less cost.
SEC. 1703. RESPONSIBILITIES OF THE COMMISSION.
The commission shall be responsible for the following:
(1) Reviewing the effectiveness of traditional
criminal justice approaches in preventing and con-
trolling crime and violence.
(2) Examining the impact that changes to state
and Federal law have had in controlling crime and
violence.
(3) Examining the impact of changes in Fed-
eral immigration laws and policies and increased de-
velopment and growth along United States inter-
national borders on crime and violence in the United
States, particularly among our Nation’s youth.
(4) Examining the problem of youth gangs and
provide recommendations as to how to reduce youth
involvement in violent crime.
(5) Examining the extent to which assault
weapons and high power firearms have contributed
to violence and murder in America.
(6) Convening field hearings in various regions
of the country to receive testimony from a cross sec-
tion of criminal justice professionals, business lead-
313
ers, elected officials, medical doctors, and other citi-
zens that wish to participate.
(7) Review all segments of our criminal justice
system, including the law enforcement, prosecution,
defense, judicial, corrections components in develop-
ing the crime control plan.
Subtitle B—National Commission
to Study the Causes of the De-
mand for Drugs in the United
States
SEC. 1704. ESTABLISHMENT.
There is established a National Commission to Study
the Causes of the Demand for Drugs in the United States
(hereinafter in this Act referred to as the ‘‘Commission’’).
SEC. 1705. DUTIES.
(a) IN GENERAL.—The Commission shall—
(1) examine the root causes of illicit drug use
and abuse in the United States, including by compil-
ing existing research regarding those root causes;
(2) evaluate the efforts being made to prevent
drug abuse;
(3) identify the existing gaps in drug abuse pol-
icy that result from the lack of attention to the root
causes of drug abuse;
314
(4) assess the needs of Government at all levels
for resources and policies for reducing the overall de-
sire of individuals to experiment with and abuse il-
licit drugs; and
(5) make recommendations regarding necessary
improvements in policies for reducing the use of il-
licit drugs in the United States.
(b) EXAMINATION.—Matters examined by the Com-
mission under this section shall include the following:
(1) CHARACTERISTICS.—The characteristics of
potential illicit drug users and abusers or drug traf-
fickers, including age and social, economic, and edu-
cational backgrounds.
(2) 
ENVIRONMENT.—Environmental 
factors
that contribute to illicit drug use and abuse, includ-
ing the correlation between unemployment, poverty,
and homelessness on drug experimentation and
abuse.
(3) ASSOCIATIONS
AND
SOCIAL
RELATION-
SHIPS.—The effects of substance use and abuse by
a relative or friend in contributing to the likelihood
and desire of an individual to experiment with illicit
drugs.
(4) CULTURE.—Aspects of, and changes in,
philosophical or religious beliefs, cultural values, at-
316
(C) HOUSE OF REPRESENTATIVES.—Five
individuals appointed jointly by the Speaker,
majority leader, and minority leader of the
House of Representatives. Not more than 3
members appointed under this paragraph may
be of the same political party. At least 1 mem-
ber appointed under this paragraph shall be a
recovering drug abuser.
(2) GOALS IN MAKING APPOINTMENTS.—In ap-
pointing individuals as members of the Commission,
the President and the majority and minority leaders
of the House of Representatives and the Senate shall
seek to ensure that—
(A) the membership of the Commission re-
flects the racial, ethnic, and gender diversity of
the United States; and
(B) members are specially qualified to
serve on the Commission by reason of their edu-
cation, training, expertise, or experience in—
(i) sociology,
(ii) psychology,
(iii) law,
(iv) bio-medicine,
(v) addiction, and
317
(vi) ethnography and urban poverty,
including health care, housing, education,
and employment.
(b) PROHIBITION
AGAINST
OFFICER
OR
EM-
PLOYEE.—Each individual appointed under subsection (a)
shall not be an officer or employee of any government and
shall be qualified to serve the Commission by virtue of
education, training, or experience.
(c) DEADLINE FOR APPOINTMENT.—Members of the
Commission shall be appointed within 60 days after the
date of the enactment of this Act for the life of the Com-
mission.
(d) MEETINGS.—The Commission shall have its
headquarters in the District of Columbia, and shall meet
at least once each month for a business session that shall
be conducted by the Chairperson.
(e) QUORUM.—Seven members of the Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(f) CHAIRPERSON
AND VICE CHAIRPERSON.—No
later than 15 days after the members of the Commission
are appointed, such members shall designate a Chair-
person and Vice Chairperson of the Commission.
(g) CONTINUATION OF MEMBERSHIP.—If a member
of the Commission later becomes an officer or employee
318
of any government, the individual may continue as a mem-
ber until a successor is appointed.
(h) VACANCIES.—A vacancy in the Commission shall
be filled not later than 30 days after the Commission is
informed of the vacancy in the manner in which the origi-
nal appointment was made.
(i) COMPENSATION.—
(1) NO PAY, ALLOWANCE, OR BENEFIT.—Mem-
bers of the Commission shall receive no additional
pay, allowances, or benefits by reason of their serv-
ice on the Commission.
(2) TRAVEL EXPENSES.—Each member of the
Commission shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States
Code.
SEC. 1707. STAFF AND SUPPORT SERVICES.
(a) DIRECTOR.—The Chairperson shall appoint a di-
rector after consultation with the members of the Commis-
sion, who shall be paid the rate of basic pay for level V
of the Executive Schedule.
(b) STAFF.—With the approval of the Commission,
the director may appoint personnel as the director consid-
ers appropriate.
319
(c) APPLICABILITY OF CIVIL SERVICE LAWS.—The
staff of the Commission shall be appointed without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid
without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating to classifica-
tion and General Schedule pay rates.
(d) EXPERTS
AND CONSULTANTS.—With the ap-
proval of the Commission, the director may procure tem-
porary and intermittent services under section 3109(b) of
title 5, United States Code.
(e) STAFF OF FEDERAL AGENCIES.—Upon the re-
quest of the Commission, the head of any Federal agency
may detail, on a reimbursable basis, any of the personnel
of that agency to the Commission to assist in carrying out
its duties under this Act.
(f) OTHER RESOURCES.—The Commission shall have
reasonable access to materials, resources, statistical data,
and other information from the Library of Congress, as
well as agencies and elected representatives of the execu-
tive and legislative branches of government. The Chair-
person of the Commission shall make requests in writing
where necessary.
(g) PHYSICAL
FACILITIES.—The General Services
Administration shall find suitable office space for the op-
320
eration of the Commission. The facilities shall serve as the
headquarters of the Commission and shall include all nec-
essary equipment and incidentals required for proper func-
tioning.
SEC. 1708. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may conduct pub-
lic hearings or forums at its discretion, at any time and
place it is able to secure facilities and witnesses, for the
purpose of carrying out its duties.
(b) DELEGATION OF AUTHORITY.—Any member or
agent of the Commission may, if authorized by the Com-
mission, take any action the Commission is authorized to
take by this section.
(c) INFORMATION.—The Commission may secure di-
rectly from any Federal agency information necessary to
enable it to carry out this Act. Upon request of the Chair-
person or Vice Chairperson of the Commission, the head
of a Federal agency shall furnish the information to the
Commission to the extent permitted by law.
(d) GIFTS, BEQUESTS, AND DEVISES.—The Commis-
sion may accept, use, and dispose of gifts, bequests, or
devices of services or property, both real and personal, for
the purpose of aiding or facilitating the work of the Com-
mission. Gifts, bequests, or devises of money and proceeds
from sales of other property received as gifts, bequests,
321
or devices shall be deposited in the Treasury and shall be
available for disbursement upon order of the Commission.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal agencies.
SEC. 1709. REPORTS.
(a) MONTHLY REPORTS.—The Commission shall
submit monthly activity reports to the President and the
Committees on the Judiciary of the Senate and the House
of Representatives.
(b) REPORTS.—
(1) INTERIM REPORT.—The Commission shall
submit an interim report to the President and the
Committees on the Judiciary of the Senate and the
House of Representatives not later than 1 year be-
fore the termination of the Commission. The interim
report shall contain a detailed statement of the find-
ings and conclusions of the Commission, together
with its recommendations for legislative and admin-
istrative action based on the Commission’s activities
to date. A strategy for disseminating the report to
Federal, State, and local authorities shall be formu-
lated and submitted with the formal presentation of
the report to the President and the Congress.
322
(2) FINAL REPORT.—Not later than the date of
the termination of the Commission, the Commission
shall submit to the President and the Committees on
the Judiciary of the Senate and the House of Rep-
resentatives a final report with a detailed statement
of final findings, conclusions, and recommendations,
including an assessment of the extent to which rec-
ommendations of the Commission included in the in-
terim report under paragraph (1) have been imple-
mented.
(c) PRINTING AND PUBLIC DISTRIBUTION.—Upon
receipt of each report of the Commission under this sec-
tion, the President shall—
(1) order the report to be printed; and
(2) make the report available to the public upon
request.
SEC. 1710. TERMINATION.
The Commission shall terminate on the date which
is 2 years after the Members of the Commission have met
and designated a Chairperson and Vice Chairperson.
Subtitle C—National Commission
to Support Law Enforcement
SEC. 1711. ESTABLISHMENT.
There is established a national commission to be
known as the ‘‘National Commission to Support Law En-
323
forcement’’ (referred to in this subtitle as the ‘‘Commis-
sion’’).
SEC. 1712. DUTIES.
(a) IN GENERAL. —The Commission shall study and
recommend changes regarding law enforcement agencies
and law enforcement issues on the Federal, State, and
local levels, including the following:
(1) FUNDING.—The sufficiency of funding, in-
cluding a review of grant programs at the Federal
level.
(2) EMPLOYMENT.—The conditions of law en-
forcement employment.
(3) INFORMATION.—The effectiveness of infor-
mation-sharing systems, intelligence, infrastructure,
and procedures among law enforcement agencies of
Federal, State, and local governments.
(4) RESEARCH AND TRAINING.—The status of
law enforcement research and education and train-
ing.
(5) EQUIPMENT
AND
RESOURCES.—The ade-
quacy of equipment, physical resources, and human
resources.
(6) COOPERATION.—The cooperation among
Federal, State, and local law enforcement agencies.
324
(7) RESPONSIBILITY.—The responsibility of
governments and law enforcement agencies in solv-
ing the crime problem.
(8) IMPACT.—The impact of the criminal jus-
tice system, including court schedules and prison
overcrowding, on law enforcement.
(b) CONSULTATION.—The Commission shall conduct
surveys and consult with focus groups of law enforcement
officers, local officials, and community leaders across the
Nation to obtain information and seek advice on important
law enforcement issues.
SEC. 1713. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 25 members as follows:
(1) Seven individuals from national law enforce-
ment organizations representing law enforcement of-
ficers, of whom—
(A) two shall be appointed by the Speaker
of the House of Representatives;
(B) two shall be appointed by the majority
leader of the Senate;
(C) one shall be appointed by the minority
leader of the House of Representatives;
(D) one shall be appointed by the minority
leader of the Senate; and
325
(E) one shall be appointed by the Presi-
dent.
(2) Seven individuals from national law enforce-
ment organizations representing law enforcement
management, of whom—
(A) two shall be appointed by the Speaker
of the House of Representatives;
(B) two shall be appointed by the majority
leader of the Senate;
(C) one shall be appointed by the minority
leader of the House of Representatives;
(D) one shall be appointed by the minority
leader of the Senate; and
(E) one shall be appointed by the Presi-
dent.
(3) Two individuals with academic expertise re-
garding law enforcement issues, of whom—
(A) one shall be appointed by the Speaker
of the House of Representatives and the major-
ity leader of the Senate; and
(B) one shall be appointed by the minority
leader of the Senate and the minority leader of
the House of Representatives;
326
(4) Two Members of the House of Representa-
tives, appointed by the Speaker and the minority
leader of the House of Representatives.
(5) Two Members of the Senate, appointed by
the majority leader and the minority leader of the
Senate.
(6) One individual involved in Federal law en-
forcement from the Department of the Treasury, ap-
pointed by the President.
(7) One individual from the Department of Jus-
tice, appointed by the President.
(8) One individual representing a State or local
governmental entity, such as a Governor, mayor, or
State Attorney General, to be appointed by the Ma-
jority Leader of the Senate.
(9) One individual representing a State or local
governmental entity, such as a Governor, mayor, or
State Attorney General, to be appointed by the
Speaker of the House of Representatives.
(10) One individual representing a State or
local governmental entity, such as a governor,
mayor, or State attorney general, to be appointed by
the President.
(b) COMPTROLLER
GENERAL.—The Comptroller
General shall serve in an advisory capacity and shall over-
327
see the methodology and approach of the Commission’s
study.
(c) CHAIRPERSON.—Upon their appointment the
members of the Commission shall select one of their num-
ber to act as chairperson.
(d) COMPENSATION.—
(1) IN GENERAL.—Members of the Commission
shall receive no additional pay, allowance, or benefit
by reason of service on the Commission.
(2) TRAVEL EXPENSES.—Each member of the
Commission shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States
Code.
(e) APPOINTMENT DATES.—Members of the Com-
mission shall be appointed no later than 90 days after the
enactment of this title.
SEC. 1714. EXPERTS AND CONSULTANTS.
(a) EXPERTS AND CONSULTANTS.—The Commission
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(b) STAFF OF FEDERAL AGENCIES.—Upon request
of the Commission, the head of any Federal agency is au-
thorized to detail, on a reimbursable basis, any of the per-
328
sonnel of that agency to the Commission to assist the
Commission in carrying out its duties under this title.
(c) ADMINISTRATIVE SUPPORT.—The Administrator
of General Services shall provide to the Commission, on
a reimbursable basis, administrative support services as
the Commission may request.
SEC. 1715. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may, for purposes
of this title, hold hearings, sit and act at the times and
places, take testimony, and receive evidence, as the Com-
mission considers appropriate.
(b) DELEGATION OF AUTHORITY.—Any member or
agent of the Commission may, if authorized by the Com-
mission, take any action the Commission is authorized to
take by this section.
(c) INFORMATION.—The Commission may secure di-
rectly from any Federal agency information necessary to
enable it to carry out this title. Upon request of the chair-
person of the Commission, the head of an agency shall
furnish the information to the Commission to the extent
permitted by law.
(d) GIFTS AND DONATIONS.—The Commission may
accept, use, and dispose of gifts or donations of services
or property.
329
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal agencies.
SEC. 1716. REPORT.
Not later than the expiration of the eighteen-month
period beginning on the date of the appointment of the
members of the Commission, a report containing the find-
ings of the Commission and specific proposals for legisla-
tion and administrative actions that the Commission has
determined to be appropriate shall be submitted to the
Committees on the Judiciary of the Senate and the House
of Representatives.
SEC. 1717. TERMINATION.
The Commission shall cease to exist upon the expira-
tion of the sixty-day period beginning on the date on which
the Commission submits its report under section 1616.
SEC. 1718. REPEALS.
Title XXXIV of the Crime Control Act of 1990 (Pub-
lic Law 101–647; 104 Stat. 4918) and title II, section 211
B of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act,
1991 (Public Law 101–515; 104 Stat. 2122) are repealed.
330
TITLE XVIII—MOTOR VEHICLE
THEFT PREVENTION
SEC. 1801. MOTOR VEHICLE THEFT PREVENTION PRO-
GRAM.
(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this section, the Attorney General
shall develop, in cooperation with the States, a national
voluntary motor vehicle theft prevention program (in this
section referred to as the ‘‘program’’) under which—
(1) the owner of a motor vehicle may volun-
tarily sign a consent form with a participating State
or locality in which the motor vehicle owner—
(A) states that the vehicle is not normally
operated under certain specified conditions; and
(B) agrees to—
(i) display program decals or devices
on the owner’s vehicle; and
(ii) permit law enforcement officials in
any State to stop the motor vehicle and
take reasonable steps to determine whether
the vehicle is being operated by or with the
permission of the owner, if the vehicle is
being operated under the specified condi-
tions; and
331
(2) participating States and localities authorize
law enforcement officials in the State or locality to
stop motor vehicles displaying program decals or de-
vices under specified conditions and take reasonable
steps to determine whether the vehicle is being oper-
ated by or with the permission of the owner.
(b) UNIFORM DECAL OR DEVICE DESIGNS.—
(1) IN GENERAL.—The motor vehicle theft pre-
vention program developed pursuant to this section
shall include a uniform design or designs for decals
or other devices to be displayed by motor vehicles
participating in the program.
(2) TYPE
OF
DESIGN.—The uniform design
shall—
(A) be highly visible; and
(B) explicitly state that the motor vehicle
to which it is affixed may be stopped under the
specified conditions without additional grounds
for establishing a reasonable suspicion that the
vehicle is being operated unlawfully.
(c) VOLUNTARY CONSENT FORM.—The voluntary
consent form used to enroll in the program shall—
(1) clearly state that participation in the pro-
gram is voluntary;
332
(2) clearly explain that participation in the pro-
gram means that, if the participating vehicle is being
operated under the specified conditions, law enforce-
ment officials may stop the vehicle and take reason-
able steps to determine whether it is being operated
by or with the consent of the owner, even if the law
enforcement officials have no other basis for believ-
ing that the vehicle is being operated unlawfully;
(3) include an express statement that the vehi-
cle is not normally operated under the specified con-
ditions and that the operation of the vehicle under
those conditions would provide sufficient grounds for
a prudent law enforcement officer to reasonably be-
lieve that the vehicle was not being operated by or
with the consent of the owner; and
(4) include any additional information that the
Attorney General may reasonably require.
(d) SPECIFIED CONDITIONS UNDER WHICH STOPS
MAY BE AUTHORIZED.—
(1) IN GENERAL.—The Attorney General shall
promulgate rules establishing the conditions under
which participating motor vehicles may be author-
ized to be stopped under this section. These condi-
tions may not be based on race, creed, color, na-
352
TITLE XXI—SENTENCING
PROVISIONS
SEC. 2101. IMPOSITION OF SENTENCE.
Section 3553(a)(4) of title 18, United States Code,
is amended to read as follows:
‘‘(4) the kinds of sentence and the sentencing
range established for—
‘‘(A) the applicable category of offense
committed by the applicable category of defend-
ant as set forth in the guidelines issued by the
Sentencing Commission pursuant to section
994(a)(1) of title 28, United States Code, and
that are in effect on the date the defendant is
sentenced; or
‘‘(B) in the case of a violation of probation
or supervised release, the applicable guidelines
or policy statements issued by the Sentencing
Commission pursuant to section 994(a)(3) of
title 28, United States Code.’’.
SEC. 2102. TECHNICAL AMENDMENT TO MANDATORY CON-
DITIONS OF PROBATION.
Section 3563(a)(3) of title 18, United States Code,
is amended by striking ‘‘possess illegal controlled sub-
stances’’ and inserting ‘‘unlawfully possess a controlled
substance’’.