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 de-
termined 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Anti-Gang and Youth Violence Control Act of 1996’’.
(b) TABLE OF CONTENTS.—
TITLE I—ENHANCED PROSECUTION OF DANGEROUS JUVENILE
OFFENDERS
Sec. 101. Short title.
Sec. 102. Delinquency proceedings or criminal prosecutions in district courts.
Sec. 103. Custody prior to appearance before judicial officer.
Sec. 104. Technical and conforming amendments to section 5034.
Sec. 105. Detention prior to disposition or sentencing.
Sec. 106. Speedy trial.
Sec. 107. Disposition; availability of increased detention, fines and supervised
release for juvenile offenders.
Sec. 108. Records of crimes committed by juvenile delinquents.
Sec. 109. Restriction on commitment.
Sec. 110. Technical amendments of sections 5031 and 5034.
Sec. 111. Serious juvenile delinquency drug trafficking adjudications as armed
career criminals act predicates.
TITLE II—THE STATE AND LOCAL COURT ASSISTANCE PROGRAM
ACT
Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A—Juvenile Gun Courts
Sec. 211. Grant authorization.
Sec. 212. Uses of funds.
Sec. 213. Applications.
Sec. 214. Grant awards.
Sec. 215. Limitations on grants; renewal of grants.
Sec. 216. Federal share.
Sec. 217. Report and evaluation.
Sec. 218. Definition.
Sec. 219. Authorization of appropriations.
Subtitle B—Juvenile Drug Courts
Sec. 221. Juvenile drug courts.
Subtitle C—Flexibility in Prison Grants
Sec. 231. Flexible prison grants for post-incarceration monitoring.
TITLE III—THE GUN-FREE CHILDREN AMENDMENTS ACT
Sec. 301. Short title.
Subtitle A—Gun Free School Zones Amendment Act
Sec. 311. Interstate Nexus.
Subtitle B—Enhanced Prosecution and Punishment of Armed Dangerous
Felons
Sec. 321. Enhanced penalties for discharging or possessing a firearm during a
crime of violence or drug trafficking crime.
TITLE IV—THE KEEPING KIDS DRUG-FREE ACT
Subtitle A—Penalty Enhancements
Sec. 411. Increased penalties for using minors to distribute drugs.
Sec. 412. Increased penalties for distributing drugs to minors.
Sec. 413. Increased penalty for drug trafficking in or near a school or other
protected location.
Sec. 414. Temporary authority to reschedule controlled substances to prevent
imminent danger to public safety.
Sec. 415. Increased penalties for using Federal property to grow or manufac-
ture controlled substances.
Sec. 416. Clarification of length of supervised release terms in controlled sub-
stance 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.
TITLE I—ENHANCED PROSECU-
TION OF DANGEROUS JUVE-
NILE OFFENDERS ACT
SEC. 101. SHORT TITLE.
This Act may be cited as the ‘‘Enhanced Prosecution
of Dangerous Juvenile Offenders Act of 1996’’.
SEC. 102. 
DELINQUENCY 
PROCEEDINGS 
OR 
CRIMINAL
PROSECUTIONS IN DISTRICT COURTS.
Section 5032 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5032 Delinquency proceedings or criminal pros-
ecutions in district courts
‘‘(a)(1) A juvenile alleged to have committed an act
of juvenile delinquency shall not be proceeded against in
a court of the United States unless the Attorney General,
after investigation, certifies to the appropriate district
court of the United States that (A) the juvenile court or
other appropriate court of a State does not have jurisdic-
tion or declines to assume jurisdiction over the juvenile
with respect to such act of alleged juvenile delinquency,
or (B) the offense charged is described in subsection
(b)(2) (i)–(vi), and (C) there is a substantial Federal in-
terest in the case or the offense to warrant the exercise
of Federal jurisdiction. The requirements of this para-
graph do not apply to prosecutions pursuant to sub-
sections (b) or (c) or for offenses committed within the
special maritime and territorial jurisdiction of the United
States for which the maximum authorized term of impris-
onment does not exceed six months.
‘‘(2) If the Attorney General does not so certify, such
juvenile shall be surrendered to the appropriate legal au-
thorities of such State. For purposes of this section, the
term ‘State’ includes a State of the United States, the Dis-
trict of Columbia, any commonwealth, territory, or posses-
sion of the United States and, with regard to an act of
juvenile delinquency that would have been a misdemeanor
if committed by an adult, a federally recognized tribe.
‘‘(3) If a juvenile alleged to have committed an act
of juvenile delinquency is not surrendered to the authori-
ties of a State pursuant to this section, any proceedings
against the juvenile shall be in an appropriate district
court of the United States. For such purposes, the court
may be convened at any time and place within the district,
in chambers or otherwise. The Attorney General shall pro-
ceed by information or as authorized by section 3401(g)
of this title, and no criminal prosecution shall be instituted
except as provided below.
‘‘(b) A juvenile may be prosecuted as an adult under
the Federal Rules of Criminal Procedure—
‘‘(1) if the juvenile has requested in writing
upon advice of counsel to be proceeded against as an
adult; or
‘‘(2) if the juvenile is alleged to have committed
an act on or after the juvenile’s fifteenth birthday
which if committed by an adult would be—
‘‘(i) a crime of violence (as defined in sec-
tion 3156(a)(4)) that is a felony;
‘‘(ii) an offense described in section
844(d), (k), or (l), 922(x), 924(b), (g), (h), (j),
(k), or (l) of this title;
‘‘(iii) a violation of section 922(o) that is
an offense under section 924(a)(2) of this title;
‘‘(iv) a violation of section 5861 of the In-
ternal Revenue Code of 1986 that is an offense
under section 5871 of such Code (26 U.S.C.
5871);
‘‘(v) a conspiracy to violate an offense de-
scribed in subsections (i), (ii), (iii) or (iv); or
‘‘(vi) an offense described in section 401 or
408 of the Controlled Substances Act (21
U.S.C. 841, 848) or a conspiracy or attempt to
commit that offense which is punishable under
section 406 of the Controlled Substances Act
(21 U.S.C. 846), or an offense punishable
under section 409 or 419 of the Controlled Sub-
stances Act (21 U.S.C. 849, 860), or an offense
described in section 1002, 1003, 1005, or 1009
of the Controlled Substances Import and Ex-
port Act (21 U.S.C. 952, 953, 955 or 959), or
a conspiracy or attempt to commit that offense
which is punishable under section 1013 of the
Controlled Substances Import and Export Act
(21 U.S.C. 963).
‘‘(c) A juvenile may also be prosecuted as an adult
under the Federal Rules of Criminal Procedure if the juve-
nile is alleged to have committed an act on or after the
juvenile’s thirteenth birthday and before the juvenile’s fif-
teenth birthday which if committed by an adult would be
an offense described in subsection (b)(2) (i)–(vi), upon ap-
proval of the Attorney General or the Attorney General’s
designee. Any such designee shall be at a level not lower
than a Deputy Assistant Attorney General. Such approval
shall not be granted if, with respect to such a juvenile who
is subject to the criminal jurisdiction of an Indian tribal
government and who is alleged to have committed an act
over which, if committed by an adult, there would be Fed-
eral jurisdiction based solely on its commission in Indian
country (as defined in section 1151), the governing body
of the tribe having jurisdiction over the place in which the
alleged act was committed has prior to such act not noti-
fied the Attorney General in writing of its election that
the provisions of this subsection shall apply.
‘‘(d) A determination to approve or not to approve,
or to institute or not to institute, a prosecution under sub-
section (b) or (c) shall not be reviewable in any court.
‘‘(e) In a prosecution under subsection (b) or (c), the
juvenile may be prosecuted and convicted as an adult for
any other offense which is properly joined under the Fed-
eral Rules of Criminal Procedure, and may also be con-
victed of a lesser included offense.’’.
SEC. 103. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI-
CIAL OFFICER.
Section 5033 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5033. Custody prior to appearance before judicial
officer
‘‘Whenever a juvenile is taken into custody, the ar-
resting officer shall immediately advise such juvenile of the
juvenile’s rights, in language comprehensible to a juvenile.
The arresting officer shall promptly take reasonable steps
to notify the juvenile’s parents, guardian, or custodian of
such custody, of the rights of the juvenile, and of the na-
ture of the alleged offense.
‘‘The juvenile shall be taken before a judicial officer
without unreasonable delay.’’.
SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS TO
SECTION 5034.
Section 5034 of title 18, United States Code, is
amended—
(1) by designating the existing paragraphs as
paragraphs (1), (2), and (3), respectively; and
(2) by inserting at the beginning of such section
‘‘In a proceeding under section 5032(a)—’’.
SEC. 105. DETENTION PRIOR TO DISPOSITION OR SENTENC-
ING.
Section 5035 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5035. Detention prior to disposition
‘‘(a)(1) A juvenile 15 years of age or older proceeded
against under section 5032 (b) or (c), if detained at any
time prior to sentencing, shall be detained in such suitable
place as the Attorney General may designate. Preference
shall be given to a place located within, or within a reason-
able distance of, the district in which the juvenile is being
prosecuted.
‘‘(2) A juvenile less than 15 years of age proceeded
against under section 5032 (b) or (c), if detained at any
time prior to sentencing, shall be detained in a suitable
juvenile facility located within, or within a reasonable dis-
tance of, the district in which the juvenile is being pros-
ecuted. If such a facility is not available, such a juvenile
may be detained in any other suitable facility located with-
in, or within a reasonable distance of, such district. If no
such facility is available, such a juvenile may be detained
in any other suitable place as the Attorney General may
designate.
‘‘(3) To the maximum extent feasible, a juvenile less
than 15 years of age proceeded against under section 5032
(b) or (c) shall not be detained prior to sentencing in any
facility in which the juvenile has regular contact with adult
persons convicted of a crime or awaiting trial on criminal
charges.
‘‘(b) A juvenile proceeded against under section
5032(a) shall not be detained prior to disposition in any
facility in which the person has regular contact with adult
persons convicted of a crime or awaiting trial on criminal
charges.
‘‘(c) Every juvenile who is detained prior to disposi-
tion or sentencing shall be provided with reasonable safety
and security and with adequate food, heat, light, sanitary
facilities, bedding, clothing, recreation, education, and
medical care, including necessary psychiatric, psycho-
logical, or other care and treatment.’’.
SEC. 106. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is
amended by—
(1) striking ‘‘If an alleged delinquent’’ and in-
serting ‘‘If a juvenile proceeded against under sec-
tion 5032(a)’’;
(2) striking ‘‘thirty’’ and inserting ‘‘forty-five’’;
and
(3) striking ‘‘the court,’’ and everything that
follows and inserting ‘‘the court. The periods of ex-
clusion under section 3161(h) of this title shall apply
to this section.’’.
SEC. 107. DISPOSITION; AVAILABILITY OF INCREASED DE-
TENTION, FINES AND SUPERVISED RELEASE
FOR JUVENILE OFFENDERS.
Section 5037 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5037. Disposition
‘‘(a) In a proceeding under 5032(a), if the court finds
a juvenile to be a juvenile delinquent, the court shall hold
a hearing concerning the appropriate disposition of the ju-
venile no later than forty court days after the finding of
juvenile delinquency unless the court has ordered further
study pursuant to subsection (e). A predisposition report
shall be prepared by the probation officer who shall
promptly provide a copy to the juvenile, the juvenile’s
counsel, and the attorney for the government. Victim im-
pact information shall be included in the report, and vic-
tims, or in appropriate cases their official representatives,
shall be provided the opportunity to make a statement to
the court in person or present any information in relation
to the disposition. After the dispositional hearing, and
after considering any pertinent policy statements promul-
gated by the Sentencing Commission pursuant to 28
U.S.C. 994, the court shall enter an order of restitution
pursuant to section 3556, and may suspend the findings
of juvenile delinquency, place the juvenile on probation,
commit the juvenile to official detention (including the
possibility of a term of supervised release), and impose any
fine that would be authorized if the juvenile had been tried
and convicted as an adult. With respect to release or de-
tention pending an appeal or a petition for a writ of certio-
rari after disposition, the court shall proceed pursuant to
the provisions of chapter 207.
‘‘(b) The term for which probation may be ordered
for a juvenile found to be a juvenile delinquent may not
extend beyond the maximum term that would be author-
ized by section 3561(c) if the juvenile had been tried and
convicted as an adult. Sections 3563, 3564, and 3565 are
applicable to an order placing a juvenile on probation.
‘‘(c) The term for which official detention may be or-
dered for a juvenile found to be a juvenile delinquent may
not extend beyond the lesser of—
‘‘(1) the maximum term of imprisonment that
would be authorized if the juvenile had been tried
and convicted as an adult;
‘‘(2) ten years; or
‘‘(3) the date when the juvenile becomes twen-
ty-six years old.
Section 3624 is applicable to an order placing a juvenile
in detention.
‘‘(d) The term for which supervised release may be
ordered for a juvenile found to be a juvenile delinquent
may not extend beyond five years. Sections 3583(c)–(i) are
applicable to an order placing a juvenile on supervised re-
lease.
‘‘(e) If the court desires more detailed information
concerning a juvenile alleged to have committed an act of
juvenile delinquency or a juvenile adjudicated delinquent,
it may commit the juvenile, after notice and hearing at
which the juvenile is represented by counsel, to the custody
of the Attorney General for observation and study by an
appropriate agency or entity. Such observation and study
shall be conducted on an outpatient basis, unless the court
determines that inpatient observation and study are nec-
essary to obtain the desired information. In the case of
an alleged juvenile delinquent, inpatient study may be or-
dered only with the consent of the juvenile and the juve-
nile’s attorney. The agency or entity shall make a complete
study of the alleged or adjudicated delinquent to ascertain
the juvenile’s personal traits, capabilities, background,
previous delinquency or criminal experience, mental or
physical defect, and any other relevant factors. The Attor-
ney General shall submit to the court and the attorneys
for the juvenile and the government the results of the
study within thirty days after the commitment of the juve-
nile, unless the court grants additional time. Time spent
in custody under this subsection shall be excluded for pur-
poses of section 5036.
‘‘(f) With respect to any juvenile prosecuted and con-
victed as an adult under section 5032(c), the court may,
pursuant to guidelines promulgated by the United States
Sentencing Commission under section 994 of title 28, de-
termine to treat the conviction as an adjudication of delin-
quency and impose any disposition authorized under this
section. The United States Sentencing Commission shall
promulgate such guidelines as soon as practicable and not
later than one year from the date of enactment of this
Act.’’.
SEC. 108. RECORDS OF CRIMES COMMITTED BY JUVENILE
DELINQUENTS.
(a) Section 5038 of title 18, United States Code, is
amended—
(1) in subsection (a), by amending the introduc-
tory language before the colon to read as follows:
‘‘Throughout and upon completion of the juvenile de-
linquency proceeding pursuant to section 5032(a), the
court records of the original proceeding shall be safe-
guarded from disclosure to unauthorized persons. The
records shall be released to the extent necessary to meet
the following circumstances’’;
(2) in subsection (a), by adding in paragraph
(3) before the semicolon ‘‘or analysis requested by
the Attorney General’’;
(3) in subsection (a), by amending paragraph
(6) to read as follows:
‘‘(6) communications with any victim of such
juvenile delinquency, or in appropriate cases with
the official representative of the victim, in order to
apprise such victim or representative of the status or
disposition of the proceeding or in order to effec-
tuate any other provision of law or to assist in a vic-
tim’s, or the victim’s official representative’s, allocu-
tion at disposition.’’; and
(4) by striking subsections (d) and (f), by re-
designating subsection (e) as subsection (d), by in-
serting ‘‘pursuant to section 5032(b) or (c)’’ after
‘‘adult’’ in subsection (d) as so redesignated, and by
adding at the end new subsections (e) and (f) as fol-
lows:
‘‘(e) Whenever a juvenile has been adjudicated delin-
quent for an act that if committed by an adult would be
a felony or for a violation of section 922(x), the juvenile
shall be fingerprinted and photographed, and the finger-
prints and photograph shall be sent to the Federal Bureau
of Investigation. The court shall also transmit to the Fed-
eral Bureau of Investigation the information concerning
the adjudication, including name, date of adjudication,
court, offenses, and sentence, along with the notation that
the matter was a juvenile adjudication. The fingerprints,
photograph, and other records and information relating to
a juvenile described in this subsection, or to a juvenile who
is prosecuted as an adult pursuant to section 5032(b) or
(c), shall be made available in the manner applicable to
adult defendants.
‘‘(f) In addition to any other authorization under this
section for the reporting, retention, disclosure, or avail-
ability of records or information, if the law of the State
in which a Federal juvenile delinquency proceeding takes
place permits or requires the reporting, retention, disclo-
sure, or availability of records or information relating to
a juvenile or to a juvenile delinquency proceeding or adju-
dication in certain circumstances, then such reporting, re-
tention, disclosure, or availability is permitted under this
section whenever the same circumstances exist.’’.
SEC. 109. RESTRICTION ON COMMITMENT.
Section 5039 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5039. Commitment
‘‘(a) The Attorney General shall not cause any juve-
nile less than 21 years of age adjudicated delinquent under
section 5032(a) to be placed or retained in an adult jail
or correctional facility in which the juvenile has regular
contact with adults incarcerated because they have been
convicted of a crime or are awaiting trial on criminal
charges, except for placement in a community-based facil-
ity.
‘‘(b) Every juvenile adjudicated delinquent who has
been committed shall be provided with reasonable safety
and security and with adequate food, heat, light, sanitary
facilities, bedding, clothing, recreation, counseling, edu-
cation, training, and medical care including necessary psy-
chiatric, psychological, or other care and treatment.’’.
SEC. 110. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND
5034.
(a) Sections 5031 and 5034 of title 18, United States
Code, are each amended by striking ‘‘his’’ each place it
appears and inserting ‘‘the juvenile’s’’.
(b) Section 5034 of title 18, United States Code, is
amended by striking ‘‘magistrate’’ each place it appears
and inserting ‘‘judicial officer’’.
SEC. 111. SERIOUS JUVENILE DELINQUENCY DRUG TRAF-
FICKING ADJUDICATIONS AS ARMED CAREER
CRIMINAL ACT PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of clause (i);
(2) by inserting ‘‘or’’ at the end of clause (ii);
and
(3) by adding at the end the following:
‘‘(iii) any act of juvenile delinquency
that if committed by an adult would be a
serious drug offense described in this para-
graph;’’.
TITLE 
II—THE 
STATE 
AND
LOCAL 
COURT 
ASSISTANCE
PROGRAM ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘State and Local
Courts Assistance Program Act of 1996.’’
SEC. 202. DEFINITIONS.
Unless otherwise provided, for purposes of this title—
(1) the term ‘‘juvenile’’ has the meaning given
such term under State law; and
(2) the term ‘‘State’’ means any State of the
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands, Amer-
ican Samoa, Guam, and the Northern Mariana Is-
lands.
Subtitle A—Juvenile Gun Courts
SEC. 211. GRANT AUTHORIZATION.
(a) The Attorney General may provide grants to
States, State courts, local courts, units of local govern-
ment, and Indian tribes, and Alaskan Native Villages for
court-based juvenile justice programs that target young
firearm offenders through the establishment of juvenile
gun courts.
(b) CONTINUED AVAILABILITY OF GRANT FUNDS.—
Amounts made available under this part shall remain
available until expended.
SEC. 212. USES OF FUNDS.
Grants made by the Attorney General under this sec-
tion shall be used to fund programs that—
(1) establish juvenile gun courts for adjudica-
tion and prosecution of juvenile firearm offenders;
(2) grant prosecutorial discretion to try, in a
gun court, cases involving the illegal possession, use,
transfer, or threatened use of a firearm by a juve-
nile;
(3) require prosecutors to transfer such cases to
the gun court calendar no later than 30 days after
arraignment;
(4) require that gun court trials commence not
later than 60 days after transfer to the gun court;
(5) allow prosecution of appropriately aged of-
fenders as adults or juveniles in accordance with
State law;
(6) facilitate innovative and individualized sen-
tencing (such as incarceration, house arrest, victim
impact classes, electronic monitoring, restitution,
and gang prevention programs);
(7) provide services in furtherance of paragraph
(6);
(8) limit grounds for continuances and grant
continuances only for the shortest practicable time;
and
(9) allow transfer of a case or an offender out
of the gun court by agreement of the parties, subject
to court approval.
SEC. 213. APPLICATIONS.
(a) ELIGIBILITY.—In order to be eligible to receive
a grant under this subtitle, the chief executive or chief
justice of a State or the chief executive or chief judge of
a unit of local government or Indian tribe shall submit
an application to the Attorney General in such form and
containing such information as the Attorney General may
reasonably require.
(b) REQUIREMENTS.—Each application shall in-
clude—
(1) a request for funds for the purposes de-
scribed in section 212;
(2) a description of the communities to be
served by the grant, including the nature of juvenile
crime, juvenile violence, and juvenile firearm use and
possession in such communities;
(3) assurances that Federal funds received
under this subtitle shall be used to supplement, not
supplant, non-Federal funds that would otherwise be
available for activities funded under this section;
(4) statistical information in such form and
containing such information as the Attorney General
may require; and
(5) any additional information the Attorney
General may reasonably require.
(c) IMPLEMENTATION PLAN.—Each applicant shall
include a comprehensive implementation plan that con-
tains—
(1) a description of the applicant jurisdiction’s
juvenile crime and juvenile violence problem, includ-
ing gang crime, and juvenile firearm use and posses-
sion;
(2) an action plan outlining how the applicant
will achieve the purposes described in section 212;
(3) a description of any resources available in
the community to implement the plan; and
(4) a description of the applicant’s plan for
evaluating the performance of the gun court.
SEC. 214. GRANT AWARDS.
(a) GRANT-MAKING CONSIDERATIONS.—The Attor-
ney General shall consider the following in awarding
grants under this subtitle:
(1) Demonstrated need and evidence of the abil-
ity to provide the services described in the plan re-
quired under section 213.
(2) To the extent practicable, achievement of an
equitable geographic distribution of grant awards.
(3) An allotment of .5 percent of the total
amount appropriated each fiscal year for each State
that meets the requirements under this subtitle.
SEC. 215. LIMITATIONS ON GRANTS; RENEWAL OF GRANTS.
(a) ADMINISTRATIVE COST LIMITATION.—The Attor-
ney General and any grant recipient may each use not
more than 5 percent of the funds available under this sub-
title for administrative purposes, technical assistance, re-
search and evaluation.
(b) RENEWAL OF GRANTS.—A grant under this sub-
title may be renewed for not more than 2 additional years
after the first fiscal year during which the recipient re-
ceives its initial grant under this subtitle, subject to the
availability of funds, if—
(1) the Attorney General determines that the
funds made available to the recipient during the pre-
vious years were used in a manner required under
an approved application; and
(2) the Attorney General determines that an
additional grant is necessary to implement the com-
prehensive plan required by section 213.
SEC. 216. FEDERAL SHARE.
(a) IN GENERAL.—The Federal share of a grant
made under this subtitle may not exceed 90 percent of
the total costs of the program described in the application
submitted under section 213 for the fiscal year for which
the program receives assistance under this subtitle.
(b) WAIVER.—The Attorney General may waive, in
whole or in part, the requirement of a matching contribu-
tion under subsection (a).
(c) IN-KIND CONTRIBUTIONS.—In-kind contributions
may constitute any portion of the non-Federal share of
a grant under this subtitle.
SEC. 217. REPORT AND EVALUATION.
(a) REPORT TO THE ATTORNEY GENERAL.—States,
State courts, local courts, Indian tribes, or units of local
government that receive funds under this subtitle during
a fiscal year shall submit to the Attorney General not later
than March 1 of each year beginning in 1998, a report
that describes progress achieved in carrying out the plan
described under section 213.
(b) EVALUATION AND REPORT TO CONGRESS.—The
Attorney General shall submit to the Congress an evalua-
tion and report by October 1 of each year beginning in
1998, that contains a detailed statement regarding grant
awards, activities of grant recipients, a compilation of sta-
tistical information submitted by applicants, and an eval-
uation of programs established under this subtitle.
(c) DOCUMENTS AND INFORMATION.—Grant recipi-
ents shall provide the Attorney General with all relevant
documents and information that the Attorney General
deems necessary to conduct an evaluation of the effective-
ness of programs funded under this subtitle.
(d) CRITERIA.—In assessing the effectiveness of the
programs established and operated pursuant to this sub-
title, the Attorney General shall consider, at a mini-
mum——
(1) the number of youths tried in gun court ses-
sions;
(2) recidivism rates of offenders tried in gun
court sessions;
(3) changes in the amount of gun and gang re-
lated crime in the jurisdiction of the grantee;
(4) the quantity of firearms and ammunition
recovered in gun court cases, and
(5) the costs of the program to the criminal jus-
tice system.
SEC. 218. DEFINITION.
For purposes of this subtitle, the term ‘‘firearm of-
fender’’ means any individual charged with an offense in-
volving the illegal possession, use, transfer, or threatened
use of a firearm.
SEC. 219. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated, from the
Violent Crime Reduction Trust Fund, such sums as may
be necessary to carry out this subtitle.
Subtitle B—Juvenile Drug Courts
SEC. 221. JUVENILE DRUG COURTS.
Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amend-
ed—
(1) by redesignating part Y as part Z;
(2) by redesignating section 2501 as 2601; and
(3) by inserting after part X the following new
part:
‘‘PART Y—JUVENILE DRUG COURTS
‘‘SEC. 2501. GRANT AUTHORITY.
‘‘(a) APPROPRIATE DRUG COURT PROGRAMS.—The
Attorney General may make grants to States, State
courts, local courts, units of local government, and Indian
tribes to establish programs that—
‘‘(1) involve continuous early judicial super-
vision over juvenile offenders, other than violent ju-
venile offenders as defined in section 227 of the
Youth Development and Juvenile Crime Prevention
Act of 1996, with substance abuse, or substance
abuse-related, problems; and
‘‘(2) integrate administration of other sanctions
and services, which include—
‘‘(A) mandatory periodic testing for the
use of controlled substances or other addictive
substances during any period of supervised re-
lease or probation for each participant;
‘‘(B) substance abuse treatment for each
participant;
‘‘(C) diversion, probation, or other super-
vised release involving the possibility of prosecu-
tion, confinement, or incarceration based on
noncompliance with program requirements or
failure to show satisfactory progress;
‘‘(D) programmatic, offender management,
and aftercare services such as relapse preven-
tion, health care, education, vocational training,
job placement, housing placement, and child
care or other family support service for each
participant who requires such services;
‘‘(E) payment by the offender of treatment
costs, to the extent practicable, such as costs
for urinalysis or counseling; and
‘‘(F) payment by the offender of restitu-
tion, to the extent practicable, to either a victim
of the offender’s offense or to a restitution or
similar victim support fund.
‘‘(b) USE OF FUNDS FOR NECESSARY SUPPORT PRO-
GRAMS.—Grant recipients may use Federal grant funds
received under this subtitle to pay treatment, counseling,
and other related and necessary expenses not covered by
other Federal, State, Indian tribal, and local sources of
funding that would otherwise be available.
‘‘(c) CONTINUED AVAILABILITY OF GRANT FUNDS.—
Amounts made available under this part shall remain
available until expended.
‘‘SEC. 2502. PROHIBITION OF PARTICIPATION BY VIOLENT
OFFENDERS.
‘‘The Attorney General shall issue regulations and
guidelines to ensure that the programs authorized in this
part do not permit participation by violent offenders.
‘‘SEC. 2503. DEFINITION.
‘‘For purposes of this part, the term ‘violent offense’
means an offense during the course of which—
‘‘(1) the individual carried, possessed, or used a
firearm or dangerous weapon;
‘‘(2) the death of or serious bodily injury of an-
other person occurred as a direct result of the com-
mission of such offense; or
‘‘(3) the individual used force against the per-
son of another.
‘‘SEC. 2504. ADMINISTRATION.
‘‘(a) REGULATORY AUTHORITY.—The Attorney Gen-
eral shall issue any regulations and guidelines necessary
to carry out this part.
‘‘(b) APPLICATIONS.—In addition to any other re-
quirements that may be specified by the Attorney General,
an application for a grant under this part shall—
‘‘(1) include a long-term strategy and detailed
implementation plan;
‘‘(2) explain the applicant’s inability to fund the
program adequately without Federal assistance;
‘‘(3) certify that the Federal support provided
will be used to supplement, and not supplant, State,
Indian tribal, and local sources of funding that
would otherwise be available;
‘‘(4) identify related governmental or commu-
nity initiatives which complement or will be coordi-
nated with the proposal;
‘‘(5) certify that there has been appropriate
consultation with all affected agencies and that there
will be appropriate coordination with all affected
agencies in the implementation of the program;
‘‘(6) certify that participating offenders will be
supervised by one or more designated judges with re-
sponsibility for the drug court program;
‘‘(7) specify plans for obtaining necessary sup-
port and continuing the proposed program following
the conclusion of Federal support; and
‘‘(8) describe the methodology that will be used
in evaluating the program.
‘‘SEC. 2505. APPLICATIONS.
‘‘To request funds under this part, the chief executive
or the chief justice of a State, or the chief executive or
chief judge of a unit of local government or Indian tribe
shall submit an application to the Attorney General in
such form and containing such information as the Attor-
ney General may reasonably require.
‘‘SEC. 2506. FEDERAL SHARE.
‘‘(a) IN GENERAL.—The Federal share of a grant
made under this part may not exceed 90 percent of the
total costs of the program described in the application sub-
mitted under section 2505 for the fiscal year for which
the program receives assistance under this part.
‘‘(b) WAIVER.—The Attorney General may waive, in
whole or in part, the requirement of a matching contribu-
tion under subsection (a).
‘‘(c) IN-KIND CONTRIBUTIONS.—In-kind contribu-
tions may constitute a portion of the non-Federal share
of a grant under this part.
‘‘SEC. 2507. GEOGRAPHIC DISTRIBUTION.
‘‘The Attorney General shall ensure that, to the ex-
tent practicable, an equitable geographic distribution of
grant awards is made.
‘‘SEC. 2508. REPORT.
‘‘A State, Indian tribe, or unit of local government
that receives funds under this part during a fiscal year
shall submit to the Attorney General, in March of the year
following receipt of a grant under this part, a report re-
garding the effectiveness of programs established pursu-
ant to this part.
‘‘SEC. 2509. TECHNICAL ASSISTANCE, TRAINING, AND EVAL-
UATION.
‘‘(a) TECHNICAL ASSISTANCE AND TRAINING.—The
Attorney General may provide technical assistance and
training in furtherance of the purposes of this part.
‘‘(b) EVALUATIONS.—In addition to any evaluation
requirements that may be prescribed for grantees, the At-
torney General may carry out or make arrangements for
evaluations of programs that receive support under this
part.
‘‘(c) ADMINISTRATION.—The technical assistance,
training, and evaluations authorized by this section may
be carried out directly by the Attorney General, in collabo-
ration with the Secretary of Health and Human Services,
or through grants, contracts, or other cooperative arrange-
ments with other entities.
‘‘SEC. 2510. UNAWARDED FUNDS.
‘‘The Attorney General may reallocate any grant
funds that are not awarded for juvenile drug courts under
this part for use for other juvenile delinquency and crime
prevention initiatives.
‘‘SEC. 2511. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated, from the
Violent Crime Reduction Trust Fund, such sums as may
be necessary to carry out this part.’’.
Subtitle C—Flexibility in Prison
Grants
SEC. 231. FLEXIBLE PRISON GRANTS FOR POST-INCARCER-
ATION MONITORING.
Subtitle A of title II of the Violent Crime Control
and Law Enforcement Act of 1994 is amended as follows:
(1) in section 20102(a)—
(A) by striking ‘‘and’’ at the end of para-
graph (2);
(B) by striking the period in paragraph (3)
and inserting ‘‘; and’’; and
(C) by adding at the end a new paragraph
as follows:
‘‘(4) to provide and support post-release transi-
tion, supervision, and monitoring, including drug
testing.’’;
(2) in section 20108(b)(3)(B), by striking ‘‘and
sentencing reforms’’ and inserting ‘‘, sentencing re-
forms, and other reforms’’; and
(3) in section 20109, by amending subsection
(b) to read as follows:
‘‘(b) GRANTS
TO
INDIAN
TRIBES.—From the
amounts reserved under subsection (a), the Attorney Gen-
eral may make grants to Indian tribes for the purposes
of—
‘‘(1) constructing jails on tribal lands for the
incarceration of offenders subject to tribal jurisdic-
tion; and
‘‘(2) providing and supporting post-release tran-
sition, supervision, and monitoring, including drug
testing.’’.
TITLE III—THE GUN-FREE CHIL-
DREN AMENDMENTS ACT OF
1996
SEC. 301. SHORT TITLE.
This Act may be cited as the ‘‘Gun-Free Children
Amendments Act of 1996’’.
Subtitle A—Gun-Free School Zones
Amendment
SEC. 311. INTERSTATE NEXUS.
Section 922(q)(2)(A) of title 18, United States Code,
is amended by inserting after the word ‘‘firearm’’ the fol-
lowing: ‘‘that has moved in or that otherwise affects inter-
state or foreign commerce’’.
Subtitle B—Enhanced Prosecution
and Punishment of Armed Dan-
gerous Felons
SEC. 321. ENHANCED PENALTIES FOR DISCHARGING OR
POSSESSING A FIREARM DURING A CRIME OF
VIOLENCE OR DRUG TRAFFICKING CRIME.
(a) Sections 924(c)(1) and 929(a)(1) of title 18,
United States Code, are each amended by striking ‘‘uses
or carries a firearm’’ and inserting ‘‘possesses a firearm’’.
(b) Section 924(c)(1) of title 18, United States Code,
is further amended by inserting ‘‘or if the firearm is dis-
charged or is used to cause serious bodily injury (as de-
fined in section 1365 of this title),’’ before ‘‘to imprison-
ment for ten years’’.
TITLE IV—THE KEEPING KIDS
DRUG-FREE ACT
Subtitle A—Penalty Enhancements
SEC. 411. INCREASED PENALTIES FOR USING MINORS TO
DISTRIBUTE DRUGS.
Section 420 of the Controlled Substances Act (21
U.S.C. 861) is amended—
(1) in subsection (b) by striking ‘‘one year’’ and
inserting ‘‘three years’’;
(2) in subsection (c) by striking ‘‘one year’’ and
inserting ‘‘five years’’; and
(3) by amending subsection (e) to read as fol-
lows:
‘‘(e) PROBATION PROHIBITED.—In the case of any
sentence imposed under this section, probation shall not
be granted.’’.
SEC. 412. INCREASED PENALTIES FOR DISTRIBUTING
DRUGS TO MINORS.
Section 418 of the Controlled Substances Act (21
U.S.C. 859) is amended—
(1) in subsection (a) by striking ‘‘one year’’ and
inserting ‘‘three years’’; and
(2) in subsection (b) by striking ‘‘one year’’ and
inserting ‘‘five years’’.
SEC. 413. INCREASED PENALTY FOR DRUG TRAFFICKING IN
OR NEAR A SCHOOL OR OTHER PROTECTED
LOCATION.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended—
(1) in subsection (a) by striking ‘‘one year’’ and
inserting ‘‘three years’’; and
(2) in subsection (b) by striking ‘‘three years’’
each time it appears and inserting ‘‘five years’’.
SEC. 414. SCHEDULING OF CERTAIN CONTROLLED SUB-
STANCES PRESENTING IMMINENT DANGER
TO PUBLIC SAFETY.
(a) RESCHEDULING OF ROHYPNOL.—Notwithstand-
ing sections 201 and 202 of the Controlled Substances Act
(21 U.S.C. 811 and 812) respecting the scheduling of con-
trolled substances, the Attorney General is authorized to,
by order, transfer flunitrazepam from schedule IV of such
Act to schedule II of such Act.
(b) TEMPORARY AUTHORITY TO SCHEDULE OR RE-
SCHEDULE SUBSTANCES.—Section 201(h) of the Con-
trolled Substances Act (21 U.S.C. 811)(h)) is amended—
(1) in paragraph (1) by striking ‘‘if the sub-
stance is not listed in any other schedule in section
812 of this title or’’, by inserting ‘‘or II’’ after
‘‘schedule I’’ each time it appears and by inserting
‘‘or the rescheduling of a previously scheduled sub-
stance’’ after ‘‘the scheduling of a substance’’;
(2) in paragraph (2) by inserting ‘‘or reschedul-
ing’’ after ‘‘scheduling’’ each time it appears.
SEC. 415. INCREASED PENALTIES FOR USING FEDERAL
PROPERTY 
TO 
GROW 
OR 
MANUFACTURE
CONTROLLED SUBSTANCES.
(a) Section 401(b)(5) of the Controlled Substances
Act (21 U.S.C. 841(b)(5)) is amended to read as follows:
‘‘(5) Any person who violates subsection (a) of
this section by cultivating or manufacturing a con-
trolled substance on any property in whole or in part
owned by or leased to the United States or any de-
partment or agency thereof shall be subject to twice
the maximum punishment otherwise authorized for
the offense.’’.
(b) The United States Sentencing Commission shall
amend the sentencing guidelines pursuant to 28 U.S.C.
994 to insure that violations of section 401(b)(5) of the
Controlled Substances Act are punished substantially
more severely than if the violation had not occurred on
Federal property.
SEC. 416. CLARIFICATION OF LENGTH OF SUPERVISED RE-
LEASE TERMS IN CONTROLLED SUBSTANCE
CASES.
Sections 401(b)(1) (A), (B), (C), and (D) of the Con-
trolled Substances Act (21 U.S.C. 841(b)(1) (A), (B), (C),
and (D)) are each amended by striking ‘‘Any sentence’’
and inserting ‘‘Notwithstanding section 3583 of title 18,
any sentence’’.
SEC. 417. TECHNICAL CORRECTION TO ENSURE COMPLI-
ANCE OF SENTENCING GUIDELINES WITH
PROVISIONS OF ALL FEDERAL STATUTES.
Section 994(a) of title 18, United States Code, is
amended by striking ‘‘consistent with all pertinent provi-
sions of this title and title 18, United States Code,’’ and
inserting ‘‘consistent with all pertinent provisions of any
Federal statute’’.
Subtitle B—Methamphetamine
Control Act of 1996
SEC. 421. SHORT TITLE.
This Act may be cited as the ‘‘Methamphetamine
Control Act of 1996’’.
SEC. 422. METHAMPHETAMINE PENALTY INCREASES.
(a) Section 401(b)(1)(A)(viii) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1)(A)(viii)) is amended by
striking ‘‘100 grams or more of methamphetamine,’’ and
inserting ‘‘50 grams or more of methamphetamine,’’ and
by striking ‘‘1 kilogram or more of a substance containing
a detectable amount of methamphetamine’’ and inserting
‘‘500 grams or more of a mixture or substance containing
a detectable amount of methamphetamine’’.
(b) Section 401(b)(1)(B)(viii) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1)(B)(viii)) is amended by
striking ‘‘10 grams or more of methamphetamine,’’ and
inserting ‘‘5 grams or more of methamphetamine,’’ and
by striking ‘‘100 grams or more of a substance containing
a detectable amount of methamphetamine’’ and inserting
‘‘50 grams or more of a mixture or substance containing
a detectable amount of methamphetamine’’.
(c) Section 1010(b)(1)(H) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 960(b)(1)(H))
is amended by striking ‘‘100 grams or more of meth-
amphetamine,’’ and inserting ‘‘50 grams or more of meth-
amphetamine,’’ and by striking ‘‘1 kilogram or more of
a mixture or substance containing a detectable amount of
methamphetamine’’ and inserting ‘‘500 grams or more of
a mixture or substance containing a detectable amount of
methamphetamine’’.
(d) Section 1010(b)(2)(H) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 960(b)(2)(H))
is amended by striking ‘‘10 grams or more of meth-
amphetamine,’’ and inserting ‘‘5 grams or more of meth-
amphetamine,’’ and by striking ‘‘100 grams or more of
a mixture or substance containing a detectable amount of
methamphetamine’’ and inserting ‘‘50 grams or more of
a mixture or substance containing a detectable amount of
methamphetamine’’.
SEC. 423. PENALTY INCREASES FOR TRAFFICKING IN REG-
ULATED CHEMICALS.
(a) Section 401(d) of the Controlled Substances Act
(21 U.S.C. 841(d)) is amended by striking the period and
inserting the following: ‘‘or, with respect to a violation of
paragraph (1) or (2) of this subsection involving a list I
chemical, where the government proves the quantity of
controlled substance that could reasonably have been man-
ufactured in a clandestine setting using the quantity of
list I chemicals possessed or distributed, the penalty cor-
responding to the quantity of controlled substance that
could have been produced under section 401(b) of the Con-
trolled Substances Act (21 U.S.C. 841(b)).’’.
(b) Section 1010(d) of the Controlled Substance Im-
port and Export Act (21 U.S.C. 960(d)) is amended by
striking the period and inserting the following: ‘‘, or, with
respect to an importation violation of paragraph (1) or
(3) of this subsection involving a list I chemical, where
the government proves the quantity of controlled sub-
stance that could reasonably have been manufactured in
a clandestine setting using the quantity of list I chemicals
imported, the penalty corresponding to the quantity of
controlled substance that could have been produced under
subchapter I of this chapter.’’.