[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3698 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3698

             To reduce violent crime by juvenile offenders.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 20, 1996

  Mr. Schumer  (by request): introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
    Committees on Commerce, and Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
             To reduce violent crime by juvenile offenders.

    Be it enacted by the Senate and House of Representatives 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 
                            manufacture controlled substances.
Sec. 416. Clarification of length of supervised release terms in 
                            controlled substance cases.
Sec. 417. Technical correction to ensure compliance of sentencing 
                            guidelines with provisions of all Federal 
                            statutes.
            Subtitle B--Methamphetamine Control Act of 1996

Sec. 421. Short title.
Sec. 422. Methamphetamine penalty increases.
Sec. 423. Penalty increases for trafficking in regulated chemicals.
Sec. 424. Penalties for manufacture of listed chemicals outside the 
                            United States with intent to import them 
                            into the United States.
Sec. 425. Penalties for dangerous handling of listed chemicals.
Sec. 426. Injunctions.
Sec. 427. Suspension of suspicious transactions involving listed 
                            chemicals.
Sec. 428. Diversion of certain combination drug products.
Sec. 429. Seizure and forfeiture of regulated chemicals.
Sec. 430. Penalties for additional unlawful act.

   TITLE I--ENHANCED PROSECUTION OF DANGEROUS JUVENILE 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:
``Sec. 5032 Delinquency proceedings or criminal prosecutions 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 
jurisdiction 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 interest in the case or the offense to warrant the 
exercise of Federal jurisdiction. The requirements of this paragraph do 
not apply to prosecutions pursuant to subsections (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 imprisonment does not exceed six months.
    ``(2) If the Attorney General does not so certify, such juvenile 
shall be surrendered to the appropriate legal authorities of such 
State. For purposes of this section, the term `State' includes a State 
of the United States, the District of Columbia, any commonwealth, 
territory, or possession 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 authorities 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 proceed 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 section 
                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 Internal 
                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 described 
                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 
                Substances Act (21 U.S.C. 849, 860), or an offense 
                described in section 1002, 1003, 1005, or 1009 of the 
                Controlled Substances Import and Export 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 juvenile is alleged to have 
committed an act on or after the juvenile's thirteenth birthday and 
before the juvenile's fifteenth birthday which if committed by an adult 
would be an offense described in subsection (b)(2) (i)-(vi), upon 
approval 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 Federal 
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 notified 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 subsection (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 Federal Rules of Criminal Procedure, and 
may also be convicted of a lesser included offense.''.

SEC. 103. CUSTODY PRIOR TO APPEARANCE BEFORE JUDICIAL OFFICER.

    Section 5033 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5033. Custody prior to appearance before judicial officer
    ``Whenever a juvenile is taken into custody, the arresting 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 nature 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 SENTENCING.

    Section 5035 of title 18, United States Code, is amended to read as 
follows:
``Sec. 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 reasonable 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 distance of, the district in which the juvenile is 
being prosecuted. If such a facility is not available, such a juvenile 
may be detained in any other suitable facility located within, 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 disposition 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, psychological, 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 inserting 
        ``If a juvenile proceeded against under section 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 exclusion under section 
        3161(h) of this title shall apply to this section.''.

SEC. 107. DISPOSITION; AVAILABILITY OF INCREASED DETENTION, FINES AND 
              SUPERVISED RELEASE FOR JUVENILE OFFENDERS.

    Section 5037 of title 18, United States Code, is amended to read as 
follows:
``Sec. 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 juvenile 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 impact information shall be 
included in the report, and victims, 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 promulgated 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 detention pending an appeal or a petition 
for a writ of certiorari 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 authorized 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 ordered 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 twenty-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 release.
    ``(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 necessary to obtain the desired 
information. In the case of an alleged juvenile delinquent, inpatient 
study may be ordered only with the consent of the juvenile and the 
juvenile'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 Attorney 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 juvenile, unless the 
court grants additional time. Time spent in custody under this 
subsection shall be excluded for purposes of section 5036.
    ``(f) With respect to any juvenile prosecuted and convicted 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, determine to treat the conviction as an adjudication 
of delinquency 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 introductory 
        language before the colon to read as follows:
    ``Throughout and upon completion of the juvenile delinquency 
proceeding pursuant to section 5032(a), the court records of the 
original proceeding shall be safeguarded 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 effectuate any other provision of law 
        or to assist in a victim's, or the victim's official 
        representative's, allocution at disposition.''; and
            (4) by striking subsections (d) and (f), by redesignating 
        subsection (e) as subsection (d), by inserting ``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 follows:
    ``(e) Whenever a juvenile has been adjudicated delinquent 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 fingerprints and photograph shall be sent to the 
Federal Bureau of Investigation. The court shall also transmit to the 
Federal 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 availability 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, disclosure, or availability of records or information 
relating to a juvenile or to a juvenile delinquency proceeding or 
adjudication in certain circumstances, then such reporting, retention, 
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:
``Sec. 5039. Commitment
    ``(a) The Attorney General shall not cause any juvenile 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 facility.
    ``(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, education, training, and medical care including necessary 
psychiatric, 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 TRAFFICKING 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 
                        paragraph;''.

       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 Commonwealth of Puerto 
        Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands.

                    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 government, 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 section shall be 
used to fund programs that--
            (1) establish juvenile gun courts for adjudication 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 juvenile;
            (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 offenders as 
        adults or juveniles in accordance with State law;
            (6) facilitate innovative and individualized sentencing 
        (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 include--
            (1) a request for funds for the purposes described 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 contains--
            (1) a description of the applicant jurisdiction's juvenile 
        crime and juvenile violence problem, including gang crime, and 
        juvenile firearm use and possession;
            (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 Attorney General shall 
consider the following in awarding grants under this subtitle:
            (1) Demonstrated need and evidence of the ability to 
        provide the services described in the plan required 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 Attorney General and any 
grant recipient may each use not more than 5 percent of the funds 
available under this subtitle for administrative purposes, technical 
assistance, research and evaluation.
    (b) Renewal of Grants.--A grant under this subtitle may be renewed 
for not more than 2 additional years after the first fiscal year during 
which the recipient receives 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 previous 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 comprehensive 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 contribution 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 evaluation 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 
statistical information submitted by applicants, and an evaluation of 
programs established under this subtitle.
    (c) Documents and Information.--Grant recipients shall provide the 
Attorney General with all relevant documents and information that the 
Attorney General deems necessary to conduct an evaluation of the 
effectiveness of programs funded under this subtitle.
    (d) Criteria.--In assessing the effectiveness of the programs 
established and operated pursuant to this subtitle, the Attorney 
General shall consider, at a minimum----
            (1) the number of youths tried in gun court sessions;
            (2) recidivism rates of offenders tried in gun court 
        sessions;
            (3) changes in the amount of gun and gang related 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 justice 
        system.

SEC. 218. DEFINITION.

    For purposes of this subtitle, the term ``firearm offender'' means 
any individual charged with an offense involving 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 amended--
            (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 supervision over 
        juvenile offenders, other than violent juvenile 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 release or probation 
                for each participant;
                    ``(B) substance abuse treatment for each 
                participant;
                    ``(C) diversion, probation, or other supervised 
                release involving the possibility of prosecution, 
                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 prevention, 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 restitution, 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 Programs.--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 another 
        person occurred as a direct result of the commission of such 
        offense; or
            ``(3) the individual used force against the person of 
        another.

``SEC. 2504. ADMINISTRATION.

    ``(a) Regulatory Authority.--The Attorney General shall issue any 
regulations and guidelines necessary to carry out this part.
    ``(b) Applications.--In addition to any other requirements 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 community 
        initiatives which complement or will be coordinated 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 responsibility 
        for the drug court program;
            ``(7) specify plans for obtaining necessary support 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 Attorney 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 submitted 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 contribution under subsection (a).
    ``(c) In-Kind Contributions.--In-kind contributions 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 extent 
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 regarding the effectiveness of programs established 
pursuant to this part.

``SEC. 2509. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    ``(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 Attorney 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 collaboration with the Secretary of Health and 
Human Services, or through grants, contracts, or other cooperative 
arrangements 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-INCARCERATION 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 paragraph 
                (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 transition, 
        supervision, and monitoring, including drug testing.'';
            (2) in section 20108(b)(3)(B), by striking ``and sentencing 
        reforms'' and inserting ``, sentencing reforms, 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 General may make grants to Indian tribes 
for the purposes of--
            ``(1) constructing jails on tribal lands for the 
        incarceration of offenders subject to tribal jurisdiction; and
            ``(2) providing and supporting post-release transition, 
        supervision, and monitoring, including drug testing.''.

        TITLE III--THE GUN-FREE CHILDREN 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 following: ``that has moved in 
or that otherwise affects interstate or foreign commerce''.

  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.

    (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 discharged or is used to 
cause serious bodily injury (as defined in section 1365 of this 
title),'' before ``to imprisonment 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 follows:
    ``(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 SUBSTANCES PRESENTING 
              IMMINENT DANGER TO PUBLIC SAFETY.

    (a) Rescheduling of Rohypnol.--Notwithstanding sections 201 and 202 
of the Controlled Substances Act (21 U.S.C. 811 and 812) respecting the 
scheduling of controlled 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 Reschedule Substances.--
Section 201(h) of the Controlled Substances Act (21 U.S.C. 811)(h)) is 
amended--
            (1) in paragraph (1) by striking ``if the substance 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 substance'' after ``the scheduling of a substance'';
            (2) in paragraph (2) by inserting ``or rescheduling'' 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 controlled substance 
        on any property in whole or in part owned by or leased to the 
        United States or any department 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 RELEASE TERMS IN 
              CONTROLLED SUBSTANCE CASES.

    Sections 401(b)(1) (A), (B), (C), and (D) of the Controlled 
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 COMPLIANCE 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 provisions 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 Substances 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 Substances 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 Substances Import and 
Export Act (21 U.S.C. 960(b)(1)(H)) 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 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 Substances Import and 
Export Act (21 U.S.C. 960(b)(2)(H)) 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 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 REGULATED 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 
manufactured in a clandestine setting using the quantity of list I 
chemicals possessed or distributed, the penalty corresponding to the 
quantity of controlled substance that could have been produced under 
section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)).''.
    (b) Section 1010(d) of the Controlled Substance Import 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 substance 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.''.

SEC. 424. PENALTIES FOR MANUFACTURE OF LISTED CHEMICALS OUTSIDE THE 
              UNITED STATES WITH INTENT TO IMPORT THEM INTO THE UNITED 
              STATES.

    (a) Section 1009(a) of the Controlled Substances Import and Export 
Act (21 U.S.C. 959(a)) is amended--
            (1) by inserting ``or listed chemical'' after ``schedule I 
        or II''; and
            (2) by inserting ``or chemical'' after ``substance'' in 
        subparagraphs (1) and (2).
    (b) Section 1010(d) of the Controlled Substances Import and Export 
Act (21 U.S.C. 960(d)) is amended--
            (1) by deleting ``or'' at the end of paragraph (5);
            (2) by inserting ``or'' at the end of paragraph (6); and
            (3) by adding a new paragraph (7) as follows:
            ``(7) manufactures, possesses with intent to distribute, or 
        distributes a listed chemical in violation of section 959 of 
        this title;''.

SEC. 425. PENALTIES FOR DANGEROUS HANDLING OF LISTED CHEMICALS.

    (a) The Controlled Substances Act is amended by adding at the end 
of Part D the following new section:
``Sec. 864. Dangerous handling of listed chemicals
    ``(a) Offense.--It is unlawful for a person to generate, transport, 
treat, store, dispose of, use, possess, distribute, import or export a 
listed chemical, or the waste from the use of such chemical, in the 
manufacture or attempted manufacture of a controlled substance, or with 
the knowledge or intent that such listed chemical will be used in the 
illegal manufacture of a controlled substance, including but not 
limited to the clandestine laboratory setting--
            ``(1) in violation of--
                    ``(A) section 3008(d) or (e) of the Solid Waste 
                Disposal Act (42 U.S.C. 6928(d) or (e) (relating to 
                handling hazardous waste in a manner inconsistent with 
                Federal or applicable state law);
                    ``(B) section 103(b) of the Comprehensive 
                Environmental Response, Compensation and Liability Act 
                (42 U.S.C. 9603(b)) (relating to failure to notify as 
                to the release of a reportable quantity of a hazardous 
                substance);
                    ``(C) Sections 301(a), 307(d), 309(c) (2) or (3), 
                or 311(b)(3) of the Federal Water Pollution Act (33 
                U.S.C. 1311(a), 1317(d), 1319(c) (2) or (3), or 
                1321(b)(3) (relating to the unlawful discharge of 
                pollutants or hazardous substances; operation of a 
                source in violation of a pretreatment standard); or
                    ``(D) 49 U.S.C. 5124 (violations of laws and 
                regulations enforced by the Department of 
                Transportation with respect to the transportation of 
                hazardous material); or
            ``(2) in any manner posing an imminent danger to the health 
        and safety of another person, including any federal, state or 
        local law enforcement official lawfully present at the site.
    ``(b) Penalties.--(1) A person who violates this section shall be 
fined under title 18, United States Code, and shall be sentenced to the 
greater of:
            ``(A) imprisonment for not less than two nor more than four 
        years;
            ``(B) imprisonment for not less than five nor more than 
        fifteen years, and up to twice the fine that could be imposed 
        under subparagraph (A), if the offense involves a violation of 
        section 3008(e) of the Solid Waste Disposal Act (42 U.S.C. 
        6928(e) or section 309 (c)(2) of the Federal Water Pollution 
        Act (33 U.S.C. 1319 (c)(3));
            ``(C) imprisonment for not less than ten nor more than 
        fifteen years, and up to twice the fine that could be imposed 
        under subparagraph (A), if serious bodily injury or death 
results from the offense; or
            ``(D) twice the penalty otherwise applicable under 
        subparagraph (A), (B), or (C), if the defendant committed the 
        offense after a prior conviction for an offense under this 
        section or for a felony drug offense.
    ``(2) Notwithstanding any other provision of law, a term of 
imprisonment imposed under this section shall not run concurrently with 
any other term of imprisonment, including that imposed for the 
manufacture or attempted manufacture of controlled substances for which 
listed chemicals were used in violation of this section.
    ``(3) This section is not intended to preclude prosecution under 
the provisions of law cited herein, or under any other law.''.
    (b) The table of sections for Part D of the Controlled Substances 
Act is amended by adding at the end the following:

``864. Dangerous handling of listed chemicals.
        ``(a) Offense.
        ``(b) Penalties.''.

SEC. 426. INJUNCTIONS.

    Section 403 of the Controlled Substances Act (21 U.S.C. 843) is 
amended by adding at the end a new subsection (f), as follows:
    ``(f) Injunctions.--
            ``(1) In addition to any penalty provided in this section, 
        the Attorney General is authorized to commence a civil action 
        for appropriate relief, including a permanent or temporary 
        injunction, where there is a reasonable basis to believe that a 
        violation of this section or section 842 of this subtitle is 
        occurring or will occur. Any action under this subsection may 
        be brought in the district court of the United States for the 
        district in which the defendant is located or resides or is 
        doing business, and such court shall have jurisdiction to 
        restrain such violation.
            ``(2) The court shall proceed as soon as practicable to the 
        hearing and determination of such an action. An action under 
        this subsection is governed by the Federal Rules of Civil 
        Procedure except that, if an indictment has been returned 
        against the respondent, discovery is governed by the Federal 
        Rules of Criminal Procedure.''.

SEC. 427. SUSPENSION OF SUSPICIOUS TRANSACTIONS INVOLVING LISTED 
              CHEMICALS.

    Section 310 of the Controlled Substances Act (21 U.S.C.830) is 
amended--
            (1) by striking the penultimate sentence of paragraph 
        (b)(1);
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting a new subsection (c), as follows:
    ``(c) Suspension of Suspicious Transactions.--
            ``(1) If the Attorney General furnishes to a regulated 
        person the name or other identifying characteristic of a person 
        suspected of handling listed chemicals in an unlawful manner, 
        then before completing a transaction with the identified person 
        the regulated person shall notify the Attorney General of the 
        transaction in the time and manner directed by the Attorney 
        General.
            ``(2) The Attorney General may order the suspension of any 
        transaction involving a listed chemical, where there is a 
        reasonable basis to believe that the transaction will 
        facilitate the unlawful manufacture of a listed chemical or 
        controlled substance. From and after the time when the Attorney 
        General provides written notice of the order to the regulated 
        person (including the legal and factual basis for the order), 
        the regulated person shall not carry out the transaction.
            ``(3) Upon written request to the Attorney General, a 
        regulated person to whom an order applies under paragraph (2) 
        is entitled to an agency hearing, on the record, in accordance 
        with subchapter II of chapter 5 of title 5, United States Code. 
        The hearing shall be held on an expedited basis and not later 
        than 45 days after the request is made, except that the hearing 
        may be held at a later time, if so requested by the regulated 
        person.''.

SEC. 428. DIVERSION OF CERTAIN COMBINATION DRUG PRODUCTS.

    (a) Section 102(39)(A) of the Controlled Substances Act (21 U.S.C. 
802(39)(A)) is amended in subclause (iv)(I)(aa) by--
            (1) striking from ``as'' through the semicolon at the end; 
        and
            (2) inserting ``, pseudoephedrine or its salts, optical 
        isomers, or salts of optical isomers, or phenylpropanolamine or 
        its salts, optical isomers, or salts of optical isomers unless 
        otherwise provided by regulation of the Attorney General issued 
        pursuant to section 204(e) of this title;''.
    (b) Section 204 of the Controlled Substances Act (21 U.S.C. 814) is 
amended by adding at the end the following new subsection:
    ``(e) The Attorney General may by regulation reinstate the 
exemption with respect to a particular ephedrine, pseudoephedrine or 
phenylpropanolamine drug product if the Attorney General determines 
that the drug product is manufactured and distributed in a manner that 
prevents diversion. In making this determination the Attorney General 
shall consider the factors listed in subsection (d)(2) of this section. 
Any regulation issued pursuant to this subsection may be amended or 
revoked based on the factors listed in subsection (d)(4) of this 
section.

SEC. 429. SEIZURE AND FORFEITURE OF REGULATED CHEMICALS.

    (a) Section 404 of the Controlled Substances Act (21 U.S.C. 844) is 
amended--
            (1) in subsection (a)--
                    (A) by inserting the following after ``of this 
                chapter'' in the first sentence: ``or to possess any 
                list I chemical obtained pursuant to or under authority 
                of a registration issued to that person under section 
                303 of this title or section 1008 of title III if that 
                registration has been revoked or suspended, if that 
                registration has expired or if the registrant has 
                ceased to do business in the manner contemplated by his 
                registration''; and
                    (B) by inserting ``or chemical'' after ``drug or 
                narcotic'' wherever that phrase appears; and
            (2) in subsection (c)--
                    (A) by inserting ``or chemical'' after ``drug or 
                narcotic''; and
                    (B) by inserting ``or which is a listed chemical or 
                a chemical controlled under state law'' after ``this 
                subchapter''.
    (b) Section 511(a) of the Controlled Substances Act (21 U.S.C. 
881(a)) is amended--
            (1) in paragraph (2) by inserting ``or listed chemical'' 
        after ``controlled substance'';
            (2) in paragraph (6) by inserting ``or listed chemical'' 
        after ``controlled substance''; and
            (3) in paragraph (9) by striking ``a felony provision of''.
    (c) Section 607 of the Tariff Act of 1930 (19 U.S.C. 1607) is 
amended by--
            (1) in paragraph (a)(3), inserting ``or listed chemical'' 
        after ``controlled substance''; and
            (2) by amending paragraph (b) to read as follows:
    ``(b) As used in this section, the terms `controlled substance' and 
`listed chemical' have the meaning given these terms in section 102 of 
the Controlled Substances Act (21 U.S.C. 802).''.

SEC. 430. PENALTIES FOR ADDITIONAL UNLAWFUL ACT.

    (a) Section 402(a) of the Controlled Substances Act (21 U.S.C. 
842(a)) is amended by--
            (1) in paragraph (9) striking ``or'' after the semicolon;
            (2) in paragraph (10) by striking the period and inserting 
        ``; or''; and
            (3) adding a new paragraph (11), as follows:
            ``(11) to sell or otherwise distribute a laboratory supply 
        to a person who uses or attempts to use the laboratory supply 
        to manufacture a controlled substance or listed chemical in 
        violation of this subchapter or subchapter II of this chapter, 
        without exercising reasonable care to assure that the 
        laboratory supply will not be used for an illicit purpose; 
        provided, that the person or firm has been notified by the 
        Attorney General, or otherwise had actual knowledge, that 
        within the previous two years, a laboratory supply sold or 
        otherwise distributed by the person has been found at a 
        clandestine laboratory for the unlawful production of a 
        controlled substance or listed chemical, or has been found in 
        the possession of a person who intends to use or furnish the 
        laboratory supply to such a clandestine laboratory. As used in 
        this paragraph, the term `laboratory supply' means a listed 
        chemical or substance on a special surveillance list published 
        by the Attorney General, which list contains chemicals, 
        products, materials, or equipment used in the manufacture of 
        controlled substances and listed chemicals.''.
    (b) Section 402(c) of the Controlled Substances Act (21 U.S.C. 
842(c)) is amended by adding a new subparagraph (2)(C), as follows:
                    ``(C) In addition to the penalties set forth 
                elsewhere in this subchapter or subchapter II of this 
                chapter, any person who violates paragraph (11) of 
                subsection (a) of this section shall, with respect to 
                any such violation, be subject to a civil penalty of 
                not more than $100,000 if the violator is an 
                individual, and not more than $250,000 if the violator 
                is other than an individual, but shall not be subject 
                to criminal penalties for such act under this 
                section.''.
                                 <all>