*Subtitle E-Violent Crime Reduction Trust Fund * *SEC. 1351. PURPOSES. * * The Congress declares it essential- * * (1) to fully fund the control and prevention of violent crime * * authorized in this Act over the next 5 years; * * (2) to ensure orderly limitation and reduction of Federal * * Government employment, as recommended by the Report of the National * * Performance Review, conducted by the Vice President; and * * (3) to apply sufficient amounts of the savings achieved by * * limiting Government employment to the purpose of ensuring full * * funding of this Act over the next 5 years. * *SEC. 1352. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS. * * (a) DEFINITION.-FOR PURPOSES OF THIS SECTION, THE TERM "AGENCY" MEANS * *AN EXECUTIVE AGENCY AS DEFINED UNDER SECTION 105 OF TITLE 5, UNITED * *STATES CODE, BUT DOES NOT INCLUDE THE GENERAL ACCOUNTING OFFICE. * * (B) LIMITATIONS ON FULL-TIME EQUIVALENT POSITIONS.-THE PRESIDENT, * *THROUGH THE OFFICE OF MANAGEMENT AND BUDGET (IN CONSULTATION WITH THE * *OFFICE OF PERSONNEL MANAGEMENT), SHALL ENSURE THAT THE TOTAL NUMBER OF * *FULL-TIME EQUIVALENT POSITIONS IN ALL AGENCIES SHALL NOT EXCEED- * * (1) 2,095,182 DURING FISCAL YEAR 1994; * * (2) 2,044,100 DURING FISCAL YEAR 1995; * * (3) 2,003,846 DURING FISCAL YEAR 1996; * * (4) 1,963,593 DURING FISCAL YEAR 1997; AND * * (5) 1,923,339 DURING FISCAL YEAR 1998. * * (C) MONITORING AND NOTIFICATION.-THE OFFICE OF MANAGEMENT AND BUDGET, * *AFTER CONSULTATION WITH THE OFFICE OF PERSONNEL MANAGEMENT, SHALL- * * (1) CONTINUOUSLY MONITOR ALL AGENCIES AND MAKE A DETERMINATION ON * * THE FIRST DATE OF EACH QUARTER OF EACH APPLICABLE FISCAL YEAR OF * * WHETHER THE REQUIREMENTS UNDER SUBSECTION (B) ARE MET; AND * * (2) NOTIFY THE PRESIDENT AND THE CONGRESS ON THE FIRST DATE OF * * EACH QUARTER OF EACH APPLICABLE FISCAL YEAR OF ANY DETERMINATION * * THAT ANY REQUIREMENT OF SUBSECTION (B) IS NOT MET. * * (D) COMPLIANCE.-IF AT ANY TIME DURING A FISCAL YEAR, THE OFFICE OF * *MANAGEMENT AND BUDGET NOTIFIES THE PRESIDENT AND THE CONGRESS THAT ANY * *REQUIREMENT UNDER SUBSECTION (B) IS NOT MET, NO AGENCY MAY HIRE ANY * *EMPLOYEE FOR ANY POSITION IS SUCH AGENCY UNTIL THE OFFICE OF MANAGEMENT * *AND BUDGET NOTIFIES THE PRESIDENT AND THE CONGRESS THAT THE TOTAL NUMBER* *OF FULL-TIME EQUIVALENT POSITIONS FOR ALL AGENCIES EQUALS OR IS LESS * *THAN THE APPLICABLE NUMBER REQUIRED UNDER SUBSECTION (B). * * (E) WAIVER.-ANY PROVISION OF THIS SECTION MAY BE WAIVED UPON- * * (1) A DETERMINATION BY THE PRESIDENT OF THE EXISTENCE OF WAR OR A * * NATIONAL SECURITY REQUIREMENT; OR * * (2) THE ENACTMENT OF A JOINT RESOLUTION UPON AN AFFIRMATIVE VOTE * * OF THREE-FIFTHS OF THE MEMBERS OF EACH HOUSE OF THE CONGRESS DULY * * CHOSEN AND SWORN. * *SEC. 1353. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND. * * (a) ESTABLISHMENT OF THE ACCOUNT.-CHAPTER 11 OF TITLE 31, UNITED * *STATES CODE, IS AMENDED BY INSERTING AT THE END THEREOF THE FOLLOWING * *NEW SECTION: * *"1115. Violent crime reduction trust fund * * "(a) There is established a separate account in the Treasury, known as* *the 'Violent Crime Reduction Trust Fund', into which shall be deposited * *deficit reduction achieved by section 1352 of the Violent Crime Control * *and Law Enforcement Act of 1993 sufficient to fund that Act (as defined * *in subsection (b) of this section). * * "(b) On the first day of the following fiscal years (or as soon * *thereafter as possible for fiscal year 1994), the following amounts * *shall be transferred from the general fund to the Violent Crime * *Reduction Trust Fund- * * "(1) for fiscal year 1994, $720,000,000; * * "(2) for fiscal year 1995, $2,423,000,000; * * "(3) for fiscal year 1996, $4,267,000,000; * * "(4) for fiscal year 1997, $6,313,000,000; and * * "(5) for fiscal year 1998, $8,545,000,000. * * "(c) Notwithstanding any other provision of law- * * "(1) the amounts in the Violent Crime Reduction Trust Fund may be * * appropriated exclusively for the purposes authorized in the Violent * * Crime Control and Law Enforcement Act of 1993; * * "(2) the amounts in the Violent Crime Reduction Trust Fund and * * appropriations under paragraph (1) of this section shall be excluded* * from, and shall not be taken into account for purposes of, any * * budget enforcement procedures under the Congressional Budget Act of * * 1974 or the Balanced Budget and Emergency Deficit Control Act of * * 1985; and * * "(3) for purposes of this subsection, 'appropriations under * * paragraph (1)' mean amounts of budget authority not to exceed the * * balances of the Violent Crime Reduction Trust Fund and amounts of * * outlays that flow from budget authority actually appropriated.". * * (b) LISTING OF THE VIOLENT CRIME REDUCTION TRUST FUND AMONG GOVERNMENT* *TRUST FUNDS.-SECTION 1321(A) OF TITLE 31, UNITED STATES CODE, IS AMENDED* *BY INSERTING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH: * * "(91) VIOLENT CRIME REDUCTION TRUST FUND.". * * (C) REQUIREMENT FOR THE PRESIDENT TO REPORT ANNUALLY ON THE STATUS OF * *THE ACCOUNT.-SECTION 1105(A) OF TITLE 31, UNITED STATES CODE, IS AMENDED* *BY ADDING AT THE END THEREOF: * * "(29) INFORMATION ABOUT THE VIOLENT CRIME REDUCTION TRUST FUND, * * INCLUDING A SEPARATE STATEMENT OF AMOUNTS IN THAT TRUST FUND. * * "(30) AN ANALYSIS DISPLAYING BY AGENCY PROPOSED REDUCTIONS IN * * FULL-TIME EQUIVALENT POSITIONS COMPARED TO THE CURRENT YEAR'S LEVEL * * IN ORDER TO COMPLY WITH SECTION 1352 OF THE VIOLENT CRIME CONTROL * * AND LAW ENFORCEMENT ACT OF 1993.". * *SEC. 1354. CONFORMING REDUCTION IN DISCRETIONARY SPENDING LIMITS. * * The Director of the Office of Management and Budget shall, upon * *enactment of this Act, reduce the discretionary spending limits set * *forth in section 601(a)(2) of the Congressional Budget Act of 1974 for * *fiscal years 1994 through 1998 as follows: * * (1) for fiscal year 1994, for the discretionary category: * * $720,000,000 in new budget authority and $314,000,000 in outlays; * * (2) for fiscal year 1995, for the discretionary category: * * $2,423,000,000 in new budget authority and $2,330,000,000 in * * outlays; * * (3) for fiscal year 1996, for the discretionary category: * * $4,267,000,000 in new budget authority and $4,184,000,000 in * * outlays; * * (4) for fiscal year 1997, for the discretionary category: * * $6,313,000,000 in new budget authority and $6,221,000,000 in * * outlays; and * * (5) for fiscal year 1998, for the discretionary category: * * $8,545,000,000 in new budget authority and $8,443,000,000 in * * outlays. * *TITLE XIV-RURAL CRIME * *Subtitle A-Drug Trafficking in Rural Areas * *SEC. 1401. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES. * * (a) AUTHORIZATION OF APPROPRIATIONS.-SECTION 1001(A)(9) OF TITLE I OF * *THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 IS AMENDED TO * *READ AS FOLLOWS: * * "(9) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT PART O * *$50,000,000 FOR EACH OF FISCAL YEARS 1994, 1995, 1996, 1997, AND 1998.".* * (B) AMENDMENT TO BASE ALLOCATION.-SECTION 1501(A)(2)(A) OF TITLE I OF * *THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 IS AMENDED BY * *STRIKING "$100,000" AND INSERTING "$250,000". * *SEC. 1402. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES. * * (a) ESTABLISHMENT.-NOT LATER THAN 90 DAYS AFTER THE DATE OF ENACTMENT * *OF THIS ACT, THE ATTORNEY GENERAL, IN CONSULTATION WITH THE GOVERNORS, * *MAYORS, AND CHIEF EXECUTIVE OFFICERS OF STATE AND LOCAL LAW ENFORCEMENT * *AGENCIES, SHALL ESTABLISH A RURAL CRIME AND DRUG ENFORCEMENT TASK FORCE * *IN EACH OF THE FEDERAL JUDICIAL DISTRICTS WHICH ENCOMPASS SIGNIFICANT * *RURAL LANDS. ASSETS SEIZED AS A RESULT OF INVESTIGATIONS INITIATED BY A * *RURAL DRUG ENFORCEMENT TASK FORCE SHALL BE USED PRIMARILY TO ENHANCE THE* *OPERATIONS OF THE TASK FORCE AND ITS PARTICIPATING STATE AND LOCAL LAW * *ENFORCEMENT AGENCIES. * * (B) TASK FORCE MEMBERSHIP.-THE TASK FORCES ESTABLISHED UNDER * *SUBSECTION (A) SHALL BE CHAIRED BY THE UNITED STATES ATTORNEY FOR THE * *RESPECTIVE FEDERAL JUDICIAL DISTRICT. THE TASK FORCES SHALL INCLUDE * *REPRESENTATIVES FROM- * * (1) STATE AND LOCAL LAW ENFORCEMENT AGENCIES; * * (2) THE DRUG ENFORCEMENT ADMINISTRATION; * * (3) THE FEDERAL BUREAU OF INVESTIGATION; * * (4) THE IMMIGRATION AND NATURALIZATION SERVICE; * * (5) THE CUSTOMS SERVICE; * * (6) THE UNITED STATES MARSHALS SERVICE; AND * * (7) LAW ENFORCEMENT OFFICERS FROM THE UNITED STATES PARK POLICE, * * UNITED STATES FOREST SERVICE AND BUREAU OF LAND MANAGEMENT, AND SUCH* * OTHER FEDERAL LAW ENFORCEMENT AGENCIES AS THE ATTORNEY GENERAL MAY * * DIRECT. * *SEC. 1403. CROSS-DESIGNATION OF FEDERAL OFFICERS. * * (a) IN GENERAL.-THE ATTORNEY GENERAL MAY CROSS-DESIGNATE UP TO 100 LAW* *ENFORCEMENT OFFICERS FROM EACH OF THE AGENCIES SPECIFIED UNDER SECTION * *1502(B)(6) OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 * *WITH JURISDICTION TO ENFORCE THE PROVISIONS OF THE CONTROLLED SUBSTANCES* *ACT ON NON-FEDERAL LANDS AND TITLE 18 OF THE UNITED STATES CODE TO THE * *EXTENT NECESSARY TO EFFECT THE PURPOSES OF THIS ACT. * * (B) ADEQUATE STAFFING.-THE ATTORNEY GENERAL SHALL, SUBJECT TO THE * *AVAILABILITY OF APPROPRIATIONS, ENSURE THAT EACH OF THE TASK FORCES * *ESTABLISHED IN ACCORDANCE WITH THIS TITLE ARE ADEQUATELY STAFFED WITH * *INVESTIGATORS AND THAT ADDITIONAL INVESTIGATORS ARE PROVIDED WHEN * *REQUESTED BY THE TASK FORCE. * *SEC. 1404. RURAL DRUG ENFORCEMENT TRAINING. * * (a) SPECIALIZED TRAINING FOR RURAL OFFICERS.-THE DIRECTOR OF THE * *FEDERAL LAW ENFORCEMENT TRAINING CENTER SHALL DEVELOP A SPECIALIZED * *COURSE OF INSTRUCTION DEVOTED TO TRAINING LAW ENFORCEMENT OFFICERS FROM * *RURAL AGENCIES IN THE INVESTIGATION OF DRUG TRAFFICKING AND RELATED * *CRIMES. * * (B) AUTHORIZATION OF APPROPRIATIONS.-THERE ARE AUTHORIZED TO BE * *APPROPRIATED TO CARRY OUT SUBSECTION (A) $1,000,000 FOR EACH OF FISCAL * *YEARS 1994, 1995, 1996, 1997, AND 1998. * *SEC. 1405. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION. * * There are authorized to be appropriated for the hiring of additional * *Drug Enforcement Administration agents $20,000,000 for each of fiscal * *years 1994, 1995, 1996, 1997, and 1998. * *Subtitle B-Drug Free Truck Stops and Safety Rest Areas * *SEC. 1411. DRUG FREE TRUCK STOPS AND SAFETY REST AREAS. * * (a) SHORT TITLE.-This section may be cited as the "Drug Free Truck * *Stop Act". * * (b) AMENDMENT TO CONTROLLED SUBSTANCES ACT.- * * (1) IN GENERAL.-Part D of the Controlled Substances Act (21 U.S.C.* * 801 et seq.) is amended by inserting after section 408 the following* * new section: * *"TRANSPORTATION SAFETY OFFENSES * * "SEC. 409. (a) DEFINITIONS.-IN THIS SECTION- * * "'SAFETY REST AREA' MEANS A ROADSIDE FACILITY WITH PARKING * * FACILITIES FOR THE REST OR OTHER NEEDS OF MOTORISTS. * * "'TRUCK STOP' MEANS A FACILITY (INCLUDING ANY PARKING LOT * * APPURTENANT THERETO) THAT- * * "(A) HAS THE CAPACITY TO PROVIDE FUEL OR SERVICE, OR BOTH, TO * * ANY COMMERCIAL MOTOR VEHICLE (AS DEFINED UNDER SECTION 12019 OF * * THE COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 (49 U.S.C. APP. * * 2716)) OPERATING IN COMMERCE (AS DEFINED IN THAT SECTION); AND * * "(B) IS LOCATED WITHIN 2,500 FEET OF THE NATIONAL SYSTEM OF * * INTERSTATE AND DEFENSE HIGHWAYS OR THE FEDERAL-AID PRIMARY * * SYSTEM. * * "(B) FIRST OFFENSE.-A PERSON WHO VIOLATES SECTION 401(A)(1) OR SECTION* *416 BY DISTRIBUTING OR POSSESSING WITH INTENT TO DISTRIBUTE A CONTROLLED* *SUBSTANCE IN OR ON, OR WITHIN 1,000 FEET OF, A TRUCK STOP OR SAFETY REST* *AREA IS (EXCEPT AS PROVIDED IN SUBSECTION (B)) SUBJECT TO- * * "(1) TWICE THE MAXIMUM PUNISHMENT AUTHORIZED BY SECTION 401(B); * * AND * * "(2) TWICE ANY TERM OF SUPERVISED RELEASE AUTHORIZED BY SECTION * * 401(B) FOR A FIRST OFFENSE. * * "(C) SUBSEQUENT OFFENSE.-A PERSON WHO VIOLATES SECTION 401(A)(1) OR * *SECTION 416 BY DISTRIBUTING OR POSSESSING WITH INTENT TO DISTRIBUTE A * *CONTROLLED SUBSTANCE IN OR ON, OR WITHIN 1,000 FEET OF, A TRUCK STOP OR * *A SAFETY REST AREA AFTER A PRIOR CONVICTION OR CONVICTIONS UNDER * *SUBSECTION (A) HAVE BECOME FINAL IS SUBJECT TO- * * "(1) 3 TIMES THE MAXIMUM PUNISHMENT AUTHORIZED BY SECTION 401(B); * * AND * * "(2) 3 TIMES ANY TERM OF SUPERVISED RELEASE AUTHORIZED BY SECTION * * 401(B) FOR A FIRST OFFENSE.". * * (2) TECHNICAL AMENDMENTS.- * * (A) CROSS REFERENCE.-Section 401(b) of the Controlled * * Substances Act (21 U.S.C. 841(b)) is amended by inserting "409,"* * before "418," each place it appears. * * (B) TABLE OF CONTENTS.-The table of contents of the * * Comprehensive Drug Abuse Prevention and Control Act of 1970 is * * amended by striking the item relating to section 409 and * * inserting the following new item: * * "Sec. 409. Transportation safety offenses.". * * (c) SENTENCING GUIDELINES.-Pursuant to its authority under section 994* *of title 28, United States Code, and section 21 of the Sentencing Act of* *1987 (28 U.S.C. 994 note), the United States Sentencing Commission shall* *promulgate guidelines, or shall amend existing guidelines, to provide an* *appropriate enhancement of punishment for a defendant convicted of * *violating section 409 of the Controlled Substances Act, as added by * *subsection (b). * *Subtitle C-Rural Domestic Violence and Child Abuse Enforcement * *SEC. 1421. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT * *ASSISTANCE. * * (a) GRANTS.-THE ATTORNEY GENERAL MAY MAKE GRANTS TO UNITS OF STATE AND* *LOCAL GOVERNMENTS OF RURAL STATES, AND TO OTHER PUBLIC OR PRIVATE * *ENTITIES OF RURAL STATES- * * (1) TO IMPLEMENT, EXPAND, AND ESTABLISH COOPERATIVE EFFORTS AND * * PROJECTS BETWEEN LAW ENFORCEMENT OFFICERS, PROSECUTORS, VICTIM * * ADVOCACY GROUPS, AND OTHER RELATED PARTIES TO INVESTIGATE AND * * PROSECUTE INCIDENTS OF DOMESTIC VIOLENCE AND CHILD ABUSE; * * (2) TO PROVIDE TREATMENT AND COUNSELING TO VICTIMS OF DOMESTIC * * VIOLENCE AND CHILD ABUSE; AND * * (3) TO WORK IN COOPERATION WITH THE COMMUNITY TO DEVELOP EDUCATION* * AND PREVENTION STRATEGIES DIRECTED TOWARD SUCH ISSUES. * * (B) DEFINITION.-IN THIS SECTION, "RURAL STATE" HAS THE MEANING STATED * *IN SECTION 1501(B) OF TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE * *STREETS ACT OF 1968 (42 U.S.C. 3796BB(B)). * * (C) AUTHORIZATION OF APPROPRIATIONS.- * * (1) IN GENERAL.-THERE IS AUTHORIZED TO BE APPROPRIATED TO CARRY * * OUT THIS SECTION $10,000,000 FOR EACH OF FISCAL YEARS 1995, 1996, * * AND 1997. * * (2) ADDITIONAL FUNDING.-In addition to funds received under a * * grant under subsection (a), a law enforcement agency may use funds * * received under a grant under section 103 to accomplish the * * objectives of this section. * *TITLE XV-DRUG CONTROL * *Subtitle A-Increased Penalties * *SEC. 1501. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISONS. * * Section 1791 of title 18, United States Code, is amended- * * (1) in subsection (c), by inserting before "Any" the following new* * sentence: "Any punishment imposed under subsection (b) for a * * violation of this section involving a controlled substance shall be * * consecutive to any other sentence imposed by any court for an * * offense involving such a controlled substance."; * * (2) in subsection (d)(1)(A), by inserting after "a firearm or * * destructive device" the following: "or a controlled substance in * * schedule I or II, other than marijuana or a controlled substance * * referred to in subparagraph (C) of this subsection"; * * (3) in subsection (d)(1)(B), by inserting before "ammunition," the* * following: "marijuana or a controlled substance in schedule III, * * other than a controlled substance referred to in subparagraph (C) of* * this subsection,"; * * (4) in subsection (d)(1)(C), by inserting "methamphetamine, its * * salts, isomers, and salts of its isomers," after "a narcotic drug,";* * (5) in subsection (d)(1)(D), by inserting "(A), (B), or" * * before "(C)"; and * * (6) in subsection (b), by striking "(c)" each place it appears and* * inserting "(d)". * *SEC. 1502. CLOSING OF LOOPHOLE FOR ILLEGAL IMPORTATION OF SMALL DRUG * *QUANTITIES. * * Section 497(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. * *1497(a)(2)(A)) is amended by adding "or $500, whichever is greater" * *after "value of the article". * *SEC. 1503. PENALTIES FOR DRUG DEALING IN PUBLIC HOUSING AUTHORITY * *FACILITIES. * * Section 419 of the Controlled Substances Act (21 U.S.C. 860) is * *amended- * * (1) in subsection (a) by striking "playground, or within" and * * inserting "playground, or housing facility owned by a public housing* * authority, or within"; and * * (2) in subsection (b) by striking "playground, or within" and * * inserting "playground, or housing facility owned by a public housing* * authority, or within". * *SEC. 1504. ANABOLIC STEROIDS PENALTIES. * * Section 404 of the Controlled Substances Act (21 U.S.C. 844) is * *amended by inserting after subsection (a) the following: * * "(b)(1) Whoever, being a physical trainer or adviser to an individual,* *endeavors to persuade or induce that individual to possess or use * *anabolic steroids in violation of subsection (a), shall be fined under * *title 18, United States Code, or imprisoned not more than 2 years, or * *both. If such individual has not attained the age of 18 years, the * *maximum imprisonment shall be 5 years. * * "(2) As used in this subsection, the term 'physical trainer or * *adviser' means any professional or amateur coach, manager, trainer, * *instructor, or other such person, who provides any athletic or physical * *instruction, training, advice, assistance, or other such service to any * *person.". * *SEC. 1505. INCREASED PENALTIES FOR DRUG-DEALING IN "DRUG-FREE" ZONES. * * Pursuant to its authority under section 994 of title 28, United States* *Code, the United States Sentencing Commission shall amend existing * *guidelines to provide that a defendant convicted of violating section * *419 of the Controlled Substances Act (21 U.S.C. 860) shall be assigned * *an offense level under chapter 2 of the sentencing guidelines that is no* *less than level 20. * *SEC. 1506. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS. * * (a) DECLARATION OF POLICY.-It is the policy of the Federal Government * *that the use or distribution of illegal drugs in the Nation's Federal * *prisons will not be tolerated and that such crimes shall be prosecuted * *to the fullest extent of the law. * * (b) SENTENCING GUIDELINES.-PURSUANT TO ITS AUTHORITY UNDER SECTION 994* *OF TITLE 28, UNITED STATES CODE, THE UNITED STATES SENTENCING COMMISSION* *SHALL AMEND ITS SENTENCING GUIDELINES TO APPROPRIATELY ENHANCE THE * *PENALTY FOR A PERSON CONVICTED OF AN OFFENSE- * * (1) UNDER SECTION 404 OF THE CONTROLLED SUBSTANCES ACT INVOLVING * * SIMPLE POSSESSION OF A CONTROLLED SUBSTANCE WITHIN A FEDERAL PRISON * * OR OTHER FEDERAL DETENTION FACILITY; OR * * (2) UNDER SECTION 401(B) OF THE CONTROLLED SUBSTANCES ACT * * INVOLVING THE SMUGGLING OF A CONTROLLED SUBSTANCE INTO A FEDERAL * * PRISON OR OTHER FEDERAL DETENTION FACILITY OR THE DISTRIBUTION OR * * INTENDED DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A FEDERAL * * PRISON OR OTHER FEDERAL DETENTION FACILITY. * * (C) NO PROBATION OR SUSPENSION OF SENTENCE.-NOTWITHSTANDING ANY OTHER * *LAW, THE COURT SHALL NOT PLACE ON PROBATION OR SUSPEND THE SENTENCE OF A* *PERSON CONVICTED OF AN OFFENSE DESCRIBED IN SUBSECTION (B). * *Subtitle B-Precursor Chemicals Act * *SEC. 1511. SHORT TITLE. * * This title may be cited as the "Chemical Control Amendments Act of * *1993". * *SEC. 1512. DEFINITION AMENDMENTS. * * (a) DEFINITIONS.-Section 102 of the Controlled Substances Act (21 * *U.S.C. 802) is amended- * * (1) in paragraph (33) by striking "any listed precursor chemical * * or listed essential chemical" and inserting "any list I chemical or * * any list II chemical"; * * (2) in paragraph (34)- * * (A) by striking "listed precursor chemical" and inserting * * "list I chemical"; and * * (B) by striking "critical to the creation" and inserting * * "important to the manufacturer"; * * (3) in paragraph (34) (A), (F), and (H), by inserting ", its * * esters" before "and"; * * (4) in paragraph (35)- * * (A) by striking "listed essential chemical" and inserting * * "list II chemical"; * * (B) by inserting "(other than a list I chemical)" before * * "specified"; and * * (C) by striking "as a solvent, reagent, or catalyst"; * * (5) in paragraph (38) by inserting "or who acts as a broker or * * trader for an international transaction involving a listed chemical,* * a tableting machine, or an encapsulating machine" before the period;* * (6) in paragraph (39)(A)- * * (A) by striking "importation or exportation of" and inserting * * "importation, or exportation of, or an international transaction* * involving shipment of,"; * * (B) in clause (iii) by inserting "or any category of * * transaction for a specific listed chemical or chemicals" after * * "transaction"; * * (C) by amending clause (iv) to read as follows: * * "(iv) any transaction in a listed chemical that is contained * * in a drug that may be marketed or distributed lawfully in the * * United States under the Federal Food, Drug, and Cosmetic Act (21* * U.S.C. 301 et seq.) unless- * * "(I)(aa) the drug contains ephedrine or its salts, optical* * isomers, or salts of optical isomers as the only active * * medicinal ingredient or contains ephedrine and * * therapeutically insignificant quantities of another active * * medicinal ingredient; or * * "(bb) the Attorney General has determined under section * * 204 that the drug or group of drugs is being diverted to * * obtain the listed chemical for use in the illicit production* * of a controlled substance; and * * "(II) the quantity of ephedrine or other listed chemical * * contained in the drug included in the transaction or * * multiple transactions equals or exceeds the threshold * * established for that chemical by the Attorney General."; and* * (D) in clause (v) by striking the semicolon and inserting * * "which the Attorney General has by regulation designated as * * exempt from the application of this title and title II based on * * a finding that the mixture is formulated in such a way that it * * cannot be easily used in the illicit production of a controlled * * substance and that the listed chemical or chemicals contained in* * the mixture cannot be readily recovered;"; * * (7) in paragraph (40) by striking "listed precursor chemical or a * * listed essential chemical" each place it appears and inserting "list* * I chemical or a list II chemical"; and * * (8) by adding at the end the following new paragraphs: * * "(43) The term 'international transaction' means a transaction * *involving the shipment of a listed chemical across an international * *border (other than a United States border) in which a broker or trader * *located in the United States participates. * * "(44) The terms 'broker' and 'trader' mean a person that assists in * *arranging an international transaction in a listed chemical by- * * "(A) negotiating contracts; * * "(B) serving as an agent or intermediary; or * * "(C) bringing together a buyer and seller, buyer and transporter, * * or a seller and transporter.". * * (b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS.- * * (1) PROCEDURE.-Part B of the Controlled Substances Act (21 U.S.C. * * 811 et seq.) is amended by adding at the end the following new * * section: * *"REMOVAL OF EXEMPTION OF CERTAIN DRUGS * * "SEC. 204. (a) REMOVAL OF EXEMPTION.-The Attorney General shall by * *regulation remove from exemption under section 102(39)(A)(iv)(II) a drug* *or group of drugs that the Attorney General finds is being diverted to * *obtain a listed chemical for use in the illicit production of a * *controlled substance. * * "(b) FACTORS TO BE CONSIDERED.-IN REMOVING A DRUG OR GROUP OF DRUGS * *FROM EXEMPTION UNDER SUBSECTION (A), THE ATTORNEY GENERAL SHALL * *CONSIDER, WITH RESPECT TO A DRUG OR GROUP OF DRUGS THAT IS PROPOSED TO * *BE REMOVED FROM EXEMPTION- * * "(1) THE SCOPE, DURATION, AND SIGNIFICANCE OF THE DIVERSION; * * "(2) WHETHER THE DRUG OR GROUP OF DRUGS IS FORMULATED IN SUCH A * * WAY THAT IT CANNOT BE EASILY USED IN THE ILLICIT PRODUCTION OF A * * CONTROLLED SUBSTANCE; AND * * "(3) WHETHER THE LISTED CHEMICAL CAN BE READILY RECOVERED FROM THE* * DRUG OR GROUP OF DRUGS. * * "(C) SPECIFICITY OF DESIGNATION.-The Attorney General shall limit the * *designation of a drug or a group of drugs removed from exemption under * *subsection (a) to the most particularly identifiable type of drug or * *group of drugs for which evidence of diversion exists unless there is * *evidence, based on the pattern of diversion and other relevant factors, * *that the diversion will not be limited to that particular drug or group * *of drugs. * * "(d) REINSTATEMENT OF EXEMPTION WITH RESPECT TO PARTICULAR DRUG * *PRODUCTS.- * * "(1) REINSTATEMENT.-On application by a manufacturer of a * * particular drug product that has been removed from exemption under * * subsection (a), the Attorney General shall by regulation reinstate * * the exemption with respect to that particular drug product if the * * Attorney General determines that the particular drug product is * * manufactured and distributed in a manner that prevents diversion. * * "(2) FACTORS TO BE CONSIDERED.-In deciding whether to reinstate * * the exemption with respect to a particular drug product under * * paragraph (1), the Attorney General shall consider- * * "(A) the package sizes and manner of packaging of the drug * * product; * * "(B) the manner of distribution and advertising of the drug * * product; * * "(C) evidence of diversion of the drug product; * * "(D) any actions taken by the manufacturer to prevent * * diversion of the drug product; and * * "(E) such other factors as are relevant to and consistent with* * the public health and safety, including the factors described in* * subsection (b) as applied to the drug product. * * "(3) STATUS PENDING APPLICATION FOR REINSTATEMENT.-A transaction * * involving a particular drug product that is the subject of a bona * * fide pending application for reinstatement of exemption filed with * * the Attorney General not later than 60 days after a regulation *