* "(4) AMENDMENT AND MODIFICATION.-A regulation reinstating an * * exemption under paragraph (1) may be modified or revoked with * * respect to a particular drug product upon a finding that- * * "(A) applying the factors described in subsection (b) to the * * drug product, the drug product is being diverted; or * * "(B) there is a significant change in the data that led to the* * issuance of the regulation.". * * (2) TECHNICAL AMENDMENT.-THE TABLE OF CONTENTS OF THE * * COMPREHENSIVE DRUG ABUSE PREVENTION AND CONTROL ACT OF 1970 (84 * * STAT. 1236) IS AMENDED BY ADDING AT THE END OF THE SECTION RELATING * * TO PART B OF TITLE II THE FOLLOWING NEW ITEM: * *"Sec. 204. Removal of exemption of certain drugs.". * * (c) REGULATION OF LISTED CHEMICALS.-Section 310 of the Controlled * *Substances Act (21 U.S.C. 830) is amended- * * (1) in subsection (a)(1)- * * (A) by striking "precursor chemical" and inserting "list I * * chemical"; and * * (B) in subparagraph (B) by striking "an essential chemical" * * and inserting "a list II chemical"; and * * (2) in subsection (c)(2)(D) by striking "precursor chemical" and * * inserting "chemical control". * *SEC. 1513. REGISTRATION REQUIREMENTS. * * (a) RULES AND REGULATIONS.-Section 301 of the Controlled Substances * *Act (21 U.S.C. 821) is amended by striking the period and inserting "and* *to the registration and control of regulated persons and of regulated * *transactions.". * * (b) PERSONS REQUIRED TO REGISTER UNDER SECTION 302.-Section 302 of the* *Controlled Substances Act (21 U.S.C. 822) is amended- * * (1) in subsection (a)(1) by inserting "or list I chemical" after * * "controlled substance" each place it appears; * * (2) in subsection (b)- * * (A) by inserting "or list I chemicals" after "controlled * * substances"; and * * (B) by inserting "or chemicals" after "such substances"; * * (3) in subsection (c) by inserting "or list I chemical" after * * "controlled substance" each place it appears; and * * (4) in subsection (e) by inserting "or list I chemicals" after * * "controlled substances". * * (c) REGISTRATION REQUIREMENTS UNDER SECTION 303.-Section 303 of the * *Controlled Substances Act (21 U.S.C. 823) is amended by adding at the * *end the following new subsection: * * "(h) The Attorney General shall register an applicant to distribute a * *list I chemical unless the Attorney General determines that * *registration of the applicant is inconsistent with the public interest. * *Registration under this subsection shall not be required for the * *distribution of a drug product that is exempted under section * *102(39)(A)(iv). In determining the public interest for the purposes of * *this subsection, the Attorney General shall consider- * * "(1) maintenance by the applicant of effective controls against * * diversion of listed chemicals into other than legitimate channels; * * "(2) compliance by the applicant with applicable Federal, State * * and local law; * * "(3) any prior conviction record of the applicant under Federal or* * State laws relating to controlled substances or to chemicals * * controlled under Federal or State law; * * "(4) any past experience of the applicant in the manufacture and * * distribution of chemicals; and * * "(5) such other factors as are relevant to and consistent with the* * public health and safety.". * * (d) DENIAL, REVOCATION, OR SUSPENSION OF REGISTRATION.-Section 304 of * *the Controlled Substances Act (21 U.S.C. 824) is amended- * * (1) in subsection (a)- * * (A) by inserting "or a list I chemical" after "controlled * * substance" each place it appears; and * * (B) by inserting "or list I chemicals" after "controlled * * substances"; * * (2) in subsection (b) by inserting "or list I chemical" after * * "controlled substance"; * * (3) in subsection (f) by inserting "or list I chemicals" after * * "controlled substances" each place it appears; and * * (4) in subsection (g)- * * (A) by inserting "or list I chemicals" after "controlled * * substances" each place it appears; and * * (B) by inserting "or list I chemical" after "controlled * * substance" each place it appears. * * (e) PERSONS REQUIRED TO REGISTER UNDER SECTION 1007.-Section 1007 of * *the Controlled Substances Import and Export Act (21 U.S.C. 957) is * *amended- * * (1) in subsection (a)- * * (A) in paragraph (1) by inserting "or list I chemical" after * * "controlled substance"; and * * (B) in paragraph (2) by striking "in schedule I, II, III, IV, * * or V," and inserting "or list I chemical,"; and * * (2) in subsection (b)- * * (A) in paragraph (1) by inserting "or list I chemical" after * * "controlled substance" each place it appears; and * * (B) in paragraph (2) by inserting "or list I chemicals" after * * "controlled substances". * * (f) REGISTRATION REQUIREMENTS UNDER SECTION 1008.-Section 1008 of the * *Controlled Substances Import and Export Act (21 U.S.C. 958) is amended- * * (1) in subsection (c)- * * (A) by inserting "(1)" after "(c)"; and * * (B) by adding at the end the following new paragraph: * * "(2)(A) The Attorney General shall register an applicant to import or * *export a list I chemical unless the Attorney General determines that * *registration of the applicant is inconsistent with the public interest. * *Registration under this subsection shall not be required for the import * *or export of a drug product that is exempted under section * *102(39)(A)(iv). * * "(B) In determining the public interest for the purposes of * *subparagraph (A), the Attorney General shall consider the factors * *specified in section 303(h)."; * * (2) in subsection (d)- * * (A) in paragraph (3) by inserting "or list I chemical or * * chemicals," after "substances,"; and * * (B) in paragraph (6) by inserting "or list I chemicals" after * * "controlled substances" each place it appears; * * (3) in subsection (e) by striking "and 307" and inserting "307, * * and 310"; and * * (4) in subsections (f), (g), and (h) by inserting "or list I * * chemicals" after "controlled substances" each place it appears. * * (g) PROHIBITED ACTS C.-Section 403(a) of the Controlled Substances Act* *(21 U.S.C. 843(a)) is amended- * * (1) by striking "or" at the end of paragraph (7); * * (2) by striking the period at the end of paragraph (8) and * * inserting "; or"; and * * (3) by adding at the end the following new paragraph: * * "(9) if the person is a regulated person, to distribute, import, * * or export a list I chemical without the registration required by * * this Act.". * *SEC. 1514. REPORTING OF LISTED CHEMICAL MANUFACTURING. * * Section 310(b) of the Controlled Substances Act (21 U.S.C. 830(b)) is * *amended- * * (1) by inserting "(1)" after "(b)"; * * (2) by redesignating paragraphs (1), (2), (3), and (4) as * * subparagraphs (A), (B), (C), and (D), respectively; * * (3) by striking "paragraph (1)" each place it appears and * * inserting "subparagraph (A)"; * * (4) by striking "paragraph (2)" and inserting "subparagraph (B)"; * * (5) by striking "paragraph (3)" and inserting "subparagraph (C)"; * * and * * (6) by adding at the end the following new paragraph: * * "(2) A regulated person that manufactures a listed chemical shall * * report annually to the Attorney General, in such form and manner and* * containing such specific data as the Attorney General shall * * prescribe by regulation, information concerning listed chemicals * * manufactured by the person. The requirement of the preceding * * sentence shall not apply to the manufacture of a drug product that * * is exempted under section 102(39)(A)(iv).". * *SEC. 1515. REPORTS BY BROKERS AND TRADERS; CRIMINAL PENALTIES. * * (a) NOTIFICATION, SUSPENSION OF SHIPMENT, AND PENALTIES WITH RESPECT * *TO IMPORTATION AND EXPORTATION OF LISTED CHEMICALS.-Section 1018 of the * *Controlled Substances Import and Export Act (21 U.S.C. 971) is amended * *by adding at the end the following new subsection: * * "(d) A person located in the United States who is a broker or trader * *for an international transaction in a listed chemical that is a * *regulated transaction solely because of that person's involvement as a * *broker or trader shall, with respect to that transaction, be subject to * *all of the notification, reporting, recordkeeping, and other * *requirements placed upon exporters of listed chemicals by this title and* *title II.". * * (b) PROHIBITED ACTS A.-Section 1010(d) of the Controlled Substances * *Import and Export Act (21 U.S.C. 960(d)) is amended to read as follows: * * "(d) A person who knowingly or intentionally- * * "(1) imports or exports a listed chemical with intent to * * manufacture a controlled substance in violation of this title or * * title II; * * "(2) exports a listed chemical in violation of the laws of the * * country to which the chemical is exported or serves as a broker or * * trader for an international transaction involving a listed chemical,* * if the transaction is in violation of the laws of the country to * * which the chemical is exported; * * "(3) imports or exports a listed chemical knowing, or having * * reasonable cause to believe, that the chemical will be used to * * manufacture a controlled substance in violation of this title or * * title II; or * * "(4) exports a listed chemical, or serves as a broker or trader * * for an international transaction involving a listed chemical, * * knowing, or having reasonable cause to believe, that the chemical * * will be used to manufacture a controlled substance in violation of * * the laws of the country to which the chemical is exported, * *shall be fined in accordance with title 18, imprisoned not more than 10 * *years, or both.". * *SEC. 1516. EXEMPTION AUTHORITY; ADDITIONAL PENALTIES. * * (a) NOTIFICATION REQUIREMENT.-Section 1018 of the Controlled * *Substances Import and Export Act (21 U.S.C. 971), as amended by section * *5(a), is amended by adding at the end the following new subsection: * * "(e)(1) The Attorney General may by regulation require that the 15-day* *notification requirement of subsection (a) apply to all exports of a * *listed chemical to a specified country, regardless of the status of * *certain customers in such country as regular customers, if the Attorney * *General finds that such notification is necessary to support effective * *chemical diversion control programs or is required by treaty or other * *international agreement to which the United States is a party. * * "(2) The Attorney General may by regulation waive the 15-day * *notification requirement for exports of a listed chemical to a specified* *country if the Attorney General determines that such notification is not* *required for effective chemical diversion control. If the notification * *requirement is waived, exporters of the listed chemical shall be * *required to submit to the Attorney General reports of individual * *exportations or periodic reports of such exportation of the listed * *chemical, at such time or times and containing such information as the * *Attorney General shall establish by regulation. * * "(3) The Attorney General may by regulation waive the 15-day * *notification requirement for the importation of a listed chemical if the* *Attorney General determines that such notification is not necessary for * *effective chemical diversion control. If the notification requirement is* *waived, importers of the listed chemical shall be required to submit to * *the Attorney General reports of individual importations or periodic * *reports of the importation of the listed chemical, at such time or times* *and containing such information as the Attorney General shall establish * *by regulation.". * * (b) PROHIBITED ACTS A.-Section 1010(d) of the Controlled Substances * *Import and Export Act (21 U.S.C. 960(d)), as amended by section 5(b), is* *amended- * * (1) by striking "or" at the end of paragraph (3); * * (2) by striking the comma at the end of paragraph (4) and * * inserting a semicolon; and * * (3) by adding at the end the following new paragraphs: * * "(5) imports or exports a listed chemical, with the intent to * * evade the reporting or recordkeeping requirements of section 1018 * * applicable to such importation or exportation by falsely * * representing to the Attorney General that the importation or * * exportation qualifies for a waiver of the 15-day notification * * requirement granted pursuant to section 1018(e) (2) or (3) by * * misrepresenting the actual country of final destination of the * * listed chemical or the actual listed chemical being imported or * * exported; or * * "(6) imports or exports a listed chemical in violation of section * * 1007 or 1018,". * *SEC. 1517. AMENDMENTS TO LIST I. * * Section 102(34) of the Controlled Substances Act (21 U.S.C. 802(34)) * *is amended- * * (1) by striking subparagraphs (O), (U), and (W); * * (2) by redesignating subparagraphs (P) through (T) as (O) through * * (S), subparagraph (V) as (T), and subparagraphs (X) and (Y) as (U) * * and (X), respectively; * * (3) in subparagraph (X), as redesignated by paragraph (2), by * * striking "(X)" and inserting "(U)"; and * * (4) by inserting after subparagraph (U), as redesignated by * * paragraph (2), the following new subparagraphs: * * "(V) benzaldehyde. * * "(W) nitroethane.". * *SEC. 1518. ELIMINATION OF REGULAR SUPPLIER STATUS AND CREATION OF * *REGULAR IMPORTER STATUS. * * (a) DEFINITION.-Section 102(37) of the Controlled Substances Act (21 * *U.S.C. 802(37)) is amended to read as follows: * * "(37) The term 'regular importer' means, with respect to a listed * *chemical, a person that has an established record as an importer of that* *listed chemical that is reported to the Attorney General.". * * (b) NOTIFICATION.-Section 1018 of the Controlled Substances Act (21 * *U.S.C. 971) is amended- * * (1) in subsection (b)- * * (A) in paragraph (1) by striking "regular supplier of the * * regulated person" and inserting "to an importation by a regular * * importer"; and * * (B) in paragraph (2)- * * (i) by striking "a customer or supplier of a regulated * * person" and inserting "a customer of a regulated person or * * to an importer"; and * * (ii) by striking "regular supplier" and inserting "the * * importer as a regular importer"; and * * (2) in subsection (c)(1) by striking "regular supplier" and * * inserting "regular importer". * *SEC. 1519. ADMINISTRATIVE INSPECTIONS AND AUTHORITY. * * Section 510 of the Controlled Substances Act (21 U.S.C. 880) is * *amended- * * (1) by amending subsection (a)(2) to read as follows: * * "(2) places, including factories, warehouses, and other * * establishments, and conveyances, where persons registered under * * section 303 (or exempt from registration under section 302(d) or by * * regulation of the Attorney General) or regulated persons may * * lawfully hold, manufacture, distribute, dispense, administer, or * * otherwise dispose of controlled substances or listed chemicals or * * where records relating to those activities are maintained."; and * * (2) in subsection (b)(3)- * * (A) in subparagraph (B) by inserting ", listed chemicals," * * after "unfinished drugs"; and * * (B) in subparagraph (C) by inserting "or listed chemical" * * after "controlled substance" and inserting "or chemical" after * * "such substance". * *SEC. 1520. THRESHOLD AMOUNTS. * * Section 102(39)(A) of the Controlled Substances Act (21 U.S.C. * *802(39)(A)), as amended by section 2, is amended by inserting "of a * *listed chemical, or if the Attorney General establishes a threshold * *amount for a specific listed chemical," before "a threshold amount, * *including a cumulative threshold amount for multiple transactions". * *SEC. 1521. MANAGEMENT OF LISTED CHEMICALS. * * (a) IN GENERAL.-Part C of the Controlled Substances Act (21 U.S.C. 821* *et seq.) is amended by adding at the end the following new section: * *"MANAGEMENT OF LISTED CHEMICALS * * "SEC. 311. (A) OFFENSE.-It is unlawful for a person who possesses a * *listed chemical with the intent that it be used in the illegal * *manufacture of a controlled substance to manage the listed chemical or * *waste from the manufacture of a controlled substance otherwise than as * *required by regulations issued under sections 3001, 3002, 3003, 3004, * *and 3005 of the Solid Waste Disposal Act (42 U.S.C. 6921, 6922, 6923, * *6924, and 6925). * * "(b) ENHANCED PENALTY.-(1) In addition to a penalty that may be * *imposed for the illegal manufacture, possession, or distribution of a * *listed chemical or toxic residue of a clandestine laboratory, a person * *who violates subsection (a) shall be assessed the costs described in * *paragraph (2) and shall be imprisoned as described in paragraph (3). * * "(2) Pursuant to paragraph (1) a defendant shall be assessed the * *following costs to the United States, a State, or another authority or * *person that undertakes to correct the results of the improper management* *of a listed chemical: * * "(A) The cost of initial cleanup and disposal of the listed * * chemical and contaminated property. * * "(B) The cost of restoring property that is damaged by exposure to* * a listed chemical for rehabilitation under Federal, State, and local* * standards. * * "(3)(A) A violation of subsection (a) shall be punished as a class D * *felony, or in the case of a willful violation, as a class C felony. * * "(B) Pursuant to its authority under section 944 of title 28, United * *States Code, the United States Sentencing Commission shall amend its * *sentencing guidelines to provide for an appropriate enhancement of * *punishment for a willful violation of subsection (a). * * "(4) A court may order that all or a portion of the earnings from work* *performed by a defendant in prison be withheld for payment of costs * *assessed under paragraph (2). * * "(c) USE OF FORFEITED ASSETS.-The Attorney General may direct that * *assets forfeited under section 511 in connection with a prosecution * *under this section be shared with State agencies that participated in * *the seizure or cleaning up of a contaminated site.". * * (b) EXCEPTION TO DISCHARGE IN BANKRUPTCY.-Section 523(a) of title 11, * *United States Code, is amended- * * (1) by striking "or" at the end of paragraph (11); * * (2) by striking the period at the end of paragraph (12) and * * inserting "; or"; and * * (3) by adding at the end the following new paragraph: * * "(13) for costs assessed under section 311(b) of the Controlled * * Substances Act.". * *SEC. 1522. FORFEITURE EXPANSION. * * Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)) is * *amended- * * (1) in paragraph (6) by inserting "or listed chemical" after * * "controlled substance"; and * * (2) in paragraph (9) by striking "a felony provision of". * *SEC. 1523. REGULATIONS AND EFFECTIVE DATE. * * (a) REGULATIONS.-The Attorney General shall, not later than 90 days * *after the date of enactment of this Act, issue regulations necessary to * *carry out this title. * * (b) EFFECTIVE DATE.-This title and the amendments made by this title * *shall become effective on the date that is 120 days after the date of * *enactment of this Act. * *Subtitle C-General Provisions * *SEC. 1531. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS DRUGS UNDER * *RICO. * * Section 1961(1) of title 18, United States Code, is amended by * *striking "narcotic or other dangerous drugs" each place it appears and * *inserting "a controlled substance or listed chemical, as defined in * *section 102 of the Controlled Substances Act". * *SEC. 1532. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY PROVISIONS OF THE* *CONTROLLED SUBSTANCES ACT AND THE CONTROLLED SUBSTANCES IMPORT AND * *EXPORT ACT. * * (a) Sections 401(b)(1) (B), (C), and (D) of the Controlled Substances * *Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections 1010(b) (1), * *(2), and (3) of the Controlled Substances Import and Export Act (21 * *U.S.C. 960(b) (1), (2), and (3)) are each amended in the sentence or * *sentences beginning "If any person commits" by striking "one or more * *prior convictions" through "have become final" and inserting "a prior * *conviction for a felony drug offense has become final". * * (b) Section 1012(b) of the Controlled Substances Import and Export Act* *(21 U.S.C. 962(b)) is amended by striking "one or more prior convictions* *of him for a felony under any provision of this title or title II or * *other law of a State, the United States, or a foreign country relating * *to narcotic drugs, marihuana, or depressant or stimulant drugs, have * *become final" and inserting "one or more prior convictions of such * *person for a felony for a felony drug offense have become final". * * (c) Section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. * *841(b)(1)(A)) is amended by striking the sentence beginning "For * *purposes of this subparagraph, the term 'felony drug offense' means". * * (d) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is * *amended by adding at the end the following new paragraph: * * "(43) The term 'felony drug offense' means an offense that is * *punishable by imprisonment for more than one year under any law of the * *United States or of a State or foreign country that prohibits or * *restricts conduct relating to narcotic drugs, marihuana, or depressant * *or stimulant substances.". * *SEC. 1533. PROGRAM TO PROVIDE PUBLIC AWARENESS OF THE PROVISION OF * *PUBLIC LAW 101-516 THAT CONDITIONS PORTIONS OF A STATE'S FEDERAL HIGHWAY* *FUNDING ON THE STATE'S ENACTMENT OF LEGISLATION REQUIRING THE REVOCATION* *OF THE DRIVER'S LICENSES OF CONVICTED DRUG ABUSERS. * * The Attorney General, in consultation with the Secretary of * *Transportation, shall implement a program of national awareness of * *section 333 of Public Law 101-516. The program shall notify the * *Governors and State Representatives of the requirements of that section.* *SEC. 1534. ADVERTISING. * * Section 403 of the Controlled Substances Act (21 U.S.C. 843) is * *amended- * * (1) by redesignating subsections (c) and (d) as subsections (d) * * and (e), respectively; and * * (2) by inserting after subsection (b) the following new * * subsection: * * "(c) It shall be unlawful for any person to print, publish, place, or * *otherwise cause to appear in any newspaper, magazine, handbill, or other* *publications, any written advertisement knowing that it has the purpose * *of seeking or offering illegally to receive, buy, or distribute a * *Schedule I controlled substance. As used in this section the term * *'advertisement' includes, in addition to its ordinary meaning, such * *advertisements as those for a catalog of Schedule I controlled * *substances and any similar written advertisement that has the purpose of* *seeking or offering illegally to receive, buy, or distribute a Schedule * *I controlled substance. The term 'advertisement' does not include * *material which merely advocates the use of a similar material, which * *advocates a position or practice, and does not attempt to propose or * *facilitate an actual transaction in a Schedule I controlled substance.".* *SEC. 1535. NATIONAL DRUG CONTROL STRATEGY. * * (a) IN GENERAL.-Section 1005(a) of the National Narcotics Leadership * *Act of 1988 (21 U.S.C. 1504(a)) is amended by adding at the end the * *following new paragraph: * * "(5) Beginning with the first submission of a National Drug Control * *Strategy to Congress after the date of the enactment of the Violent * *Crime Control and Law Enforcement Act of 1993, the goals, objectives, * *and priorities of such Strategy shall include a goal for expanding the * *availability of treatment for drug addiction.". * * (b) SENSE OF CONGRESS.-It is the sense of Congress that among the * *long-term goals of the National Drug Control Strategy should be the * *availability of drug treatment to all who are in need of such treatment.* *SEC. 1536. NOTIFICATION OF LAW ENFORCEMENT OFFICERS OF DISCOVERIES OF * *CONTROLLED SUBSTANCES OR LARGE SUMS OF CASH IN EXCESS OF $10,000 IN * *WEAPON SCREENING. * * Section 315 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1356) * *is amended- * * (1) by redesignating subsection (c) as subsection (d); and * * (2) by inserting after subsection (b) the following new * * subsection: * * "(c) DISCOVERIES OF CONTROLLED SUBSTANCES OR CASH IN EXCESS OF * *$10,000.-Not later than 90 days after the date of the enactment of this * *section, the Administrator shall issue regulations requiring employees * *and agents referred to in subsection (a) to report to appropriate * *Federal and State law enforcement officers any incident in which the * *employee or agent, in the course of conducting screening procedures * *pursuant to subsection (a), discovers a controlled substance the * *possession of which may be a violation of Federal or State law, or any * *sizable sums of cash in excess of $10,000 the possession of which may be* *a violation of Federal or State law.". * *SEC. 1537. DRUG PARAPHERNALIA AMENDMENT. * * Section 422 of the Controlled Substances Act (21 U.S.C. 863) is * *amended by adding at the end the following new subsection: * * "(g) CIVIL ENFORCEMENT.-The Attorney General may bring a civil action * *against any person who violates this section. The action may be brought * *in any district court of the United States or the United States courts * *of any territory in which the violation is taking or has taken place. In* *an action under this section, the court shall determine the occurrence * *of a violation by a preponderance of the evidence, and shall have the * *power to assess a civil penalty of up to $250,000, and to grant such * *other relief, including an injunction, as may be appropriate. Such * *remedies shall be in addition to any other remedy available under other * *law.". * *TITLE XVI-DRUNK DRIVING PROVISIONS * *SEC. 1601. SHORT TITLE. * * This title may be cited as the "Drunk Driving Child Protection Act of * *1993". * *SEC. 1602. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION. * * Section 13(b) of title 18, United States Code, is amended- * * (1) by striking "For purposes" and inserting "(1) Subject to * * paragraph (2) and for purposes"; and * * (2) by adding at the end the following new paragraph: * * "(2)(A) In addition to any term of imprisonment provided for operating* *a motor vehicle under the influence of a drug or alcohol imposed under * *the law of a State, territory, possession, or district, the punishment * *for such an offense under this section shall include an additional term * *of imprisonment of not more than 1 year, or if serious bodily injury of * *a minor is caused, 5 years, or if death of a minor is caused, 10 years, * *and an additional fine of not more than $1,000, or both, if- * * "(i) a minor (other than the offender) was present in the motor * * vehicle when the offense was committed; and * * "(ii) the law of the State, territory, possession, or district in * * which the offense occurred does not provide an additional term of * * imprisonment under the circumstances described in clause (i). * * "(B) For the purposes of subparagraph (A), the term 'minor' means a * *person less than 18 years of age.". * *SEC. 1603. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION * *RIGHTS. * * It is the sense of the Congress that in determining child custody and * *visitation rights, the courts should take into consideration the history* *of drunk driving that any person involved in the determination may have.* *TITLE XVII-COMMISSIONS * *Subtitle A-Commission on Crime and Violence * *SEC. 1701. ESTABLISHMENT OF COMMISSION ON CRIME AND VIOLENCE. * * There is established a commission to be known as the "National * *Commission on Crime and Violence in America". The Commission shall be * *composed of 25 members, appointed as follows: * * (1) 7 persons by the President, 4 of whom shall be members of one * * major political party and 3 of whom shall be members of another * * major political party; * * (2) 9 persons by the Speaker of the House of Representatives, 4 of* * whom shall be appointed on the recommendation of the minority * * leader; and * * (3) 9 persons by the President pro tempore of the Senate, 5 of * * whom shall be appointed on the recommendation of the majority leader* * of the Senate and the chairman of the Committee on the Judiciary of * * the Senate and 4 of whom shall be appointed on the recommendation of* * the minority leader of the Senate and the ranking minority member of* * the Committee on the Judiciary of the Senate. * *SEC. 1702. PURPOSE. * * The purposes of the Commission are as follows: * * (1) To develop a comprehensive and effective crime control plan * * which will serve as a "blueprint" for action in the 1990's. The * * report shall include an estimated cost for implementing any * * recommendations made by the Commission. * * (2) To bring attention to successful models and programs in crime * * prevention and crime control. * * (3) To reach out beyond the traditional criminal justice community* * for ideas when developing the comprehensive crime control plan. * * (4) To recommend improvements in the coordination of local, State,* * Federal, and international border crime control efforts. * * (5) To make a comprehensive study of the economic and social * * factors leading to or contributing to crime and specific proposals * * for legislative and administrative actions to reduce crime and the * * elements that contribute to it. * * (6) To recommend means of targeting finite correctional facility * * space and resources to the most serious and violent offenders, with * * the goal of achieving the most cost-effective possible crime control* * and protection of the community and public safety, with particular * * emphasis on examining the issue of possible disproportionate * * incarceration rates among black males and any other minority group * * disproportionately represented in State and Federal correctional * * populations, and to consider increased use of alternatives to * * incarceration which offer a reasonable prospect of equal or better * * crime control at equal or less cost. * *SEC. 1703. RESPONSIBILITIES OF THE COMMISSION. * * The commission shall be responsible for the following: * * (1) Reviewing the effectiveness of traditional criminal justice * * approaches in preventing and controlling crime and violence. * * (2) Examining the impact that changes to state and Federal law * * have had in controlling crime and violence. * * (3) Examining the impact of changes in Federal immigration laws * * and policies and increased development and growth along United * * States international borders on crime and violence in the United * * States, particularly among our Nation's youth. * * (4) Examining the problem of youth gangs and provide * * recommendations as to how to reduce youth involvement in violent * * crime. * * (5) Examining the extent to which assault weapons and high power * * firearms have contributed to violence and murder in America. * * (6) Convening field hearings in various regions of the country to * * receive testimony from a cross section of criminal justice * * professionals, business leaders, elected officials, medical doctors,* * and other citizens that wish to participate. * * (7) Reviewing all segments of our criminal justice system, * * including the law enforcement, prosecution, defense, judicial, * * corrections components in developing the crime control plan. * *Subtitle B-National Commission to Study the Causes of the Demand for * *Drugs in the United States * *SEC. 1711. SHORT TITLE. * * This subtitle may be cited as the "National Commission to Study the * *Causes of the Demand for Drugs in the United States". * *SEC. 1712. ESTABLISHMENT. * * There is established a National Commission to Study the Causes of the * *Demand for Drugs in the United States (referred to in this subtitle as * *the "Commission"). * *SEC. 1713. DUTIES. * * (a) IN GENERAL.-The Commission shall- * * (1) examine the root causes of illicit drug use and abuse in the * * United States, including by compiling existing research regarding * * those root causes; * * (2) evaluate the efforts being made to prevent drug abuse; * * (3) identify the existing gaps in drug abuse policy that result * * from the lack of attention to the root causes of drug abuse; * * (4) assess the needs of Government at all levels for resources and* * policies for reducing the overall desire of individuals to * * experiment with and abuse illicit drugs; and * * (5) make recommendations regarding necessary improvements in * * policies for reducing the use of illicit drugs in the United States.* * (b) EXAMINATION.-Matters examined by the Commission under this * *section shall include the following: * * (1) CHARACTERISTICS.-The characteristics of potential illicit drug* * users and abusers or drug traffickers, including age and social, * * economic, and educational backgrounds. * * (2) ENVIRONMENT.-Environmental factors that contribute to illicit * * drug use and abuse, including the correlation between unemployment, * * poverty, and homelessness on drug experimentation and abuse. * * (3) ASSOCIATIONS AND SOCIAL RELATIONSHIPS.-The effects of * * substance use and abuse by a relative or friend in contributing to * * the likelihood and desire of an individual to experiment with * * illicit drugs. * * (4) CULTURE.-Aspects of, and changes in, philosophical or * * religious beliefs, cultural values, attitudes toward authority, * * status of basic social units (such as families), and traditions that* * contribute to illicit drug use and abuse. * * (5) PHYSIOLOGICAL AND PSYCHOLOGICAL FACTORS.-The physiological and* * psychological factors that contribute to the desire for illicit * * drugs. * * (6) EFFORTS OF GOVERNMENTS.-The current status of Federal, State, * * and local efforts regarding the causes of illicit drug use and * * abuse, including a review of drug strategies being promoted by * * Federal, State, and local authorities to address the causes of * * illicit drug use and abuse. * *SEC. 1714. MEMBERSHIP. * * (a) NUMBER AND APPOINTMENT.- * * (1) IN GENERAL.-The Commission shall consist of 15 members, as * * follows: * * (A) PRESIDENT.-Four individuals appointed by the President, 2 * * of whom shall be members of one major political party and 2 of * * whom shall be members of another major political party. * * (B) SENATE.-Five individuals, 3 of whom shall be appointed by * * the majority leader of the Senate, after consultation with the * * chairman of the Committee on the Judiciary of the Senate, and 2 * * of whom shall be appointed by the minority leader of the Senate,* * after consultation with the ranking minority member of the * * Committee on the Judiciary of the Senate. At least 1 member * * appointed under this paragraph shall be a recovering drug user. * * (C) HOUSE OF REPRESENTATIVES.-Five individuals, 3 of whom shall* * be appointed jointly by the Speaker and majority leader of the * * House of Representatives and 2 of whom shall be appointed by the* * minority leader of the House of Representatives. At least 1 * * member appointed under this paragraph shall be a recovering drug* * abuser. * * (D) MINORITY CONGRESSIONAL LEADERSHIP.-One individual * * appointed jointly by the minority leader of the Senate and the * * minority leader of the House of Representatives. * * (2) GOALS IN MAKING APPOINTMENTS.-In appointing individuals as * * members of the Commission, the President and the majority and * * minority leaders of the House of Representatives and the Senate * * shall seek to ensure that- * * (A) the membership of the Commission reflects the racial, * * ethnic, and gender diversity of the United States; and * * (B) members are specially qualified to serve on the Commission* * by reason of their education, training, expertise, or experience* * in- * * (i) sociology; * * (ii) psychology; * * (iii) law; * * (iv) bio-medicine; * * (v) addiction; and * * (vi) ethnography and urban poverty, including health care,* * housing, education, and employment. * * (b) PROHIBITION AGAINST OFFICER OR EMPLOYEE.-Each individual appointed* *under subsection (a) shall not be an officer or employee of any * *government and shall be qualified to serve the Commission by virtue of * *education, training, or experience. * * (c) DEADLINE FOR APPOINTMENT.-Members of the Commission shall be * *appointed within 60 days after the date of the enactment of this Act for* *the life of the Commission. * * (d) MEETINGS.-The Commission shall have its headquarters in the * *District of Columbia, and shall meet at least once each month for a * *business session that shall be conducted by the Chairperson. * * (e) QUORUM.-Seven members of the Commission shall constitute a quorum,* *but a lesser number may hold hearings. * * (f) CHAIRPERSON AND VICE CHAIRPERSON.-No later than 15 days after the * *members of the Commission are appointed, such members shall designate a * *Chairperson and Vice Chairperson of the Commission. * * (g) CONTINUATION OF MEMBERSHIP.-If a member of the Commission later * *becomes an officer or employee of any government, the individual may * *continue as a member until a successor is appointed. * * (h) VACANCIES.-A vacancy in the Commission shall be filled not later * *than 30 days after the Commission is informed of the vacancy in the * *manner in which the original appointment was made. * * (i) COMPENSATION.- * * (1) NO PAY, ALLOWANCE, OR BENEFIT.-Members of the Commission shall* * receive no additional pay, allowances, or benefits by reason of * * their service on the Commission. * * (2) TRAVEL EXPENSES.-Each member of the Commission shall receive * * travel expenses, including per diem in lieu of subsistence, in * * accordance with sections 5702 and 5703 of title 5, United States * * Code. * *SEC. 1715. STAFF AND SUPPORT SERVICES. * * (a) DIRECTOR.-The Chairperson shall appoint a director after * *consultation with the members of the Commission, who shall be paid the * *rate of basic pay for level V of the Executive Schedule. * * (b) STAFF.-With the approval of the Commission, the director may * *appoint personnel as the director considers appropriate. * * (c) APPLICABILITY OF CIVIL SERVICE LAWS.-The staff of the Commission * *shall be appointed without regard to the provisions of title 5, United * *States Code, governing appointments in the competitive service, and * *shall be paid without regard to the provisions of chapter 51 and * *subchapter III of chapter 53 of that title relating to classification * *and General Schedule pay rates. * * (d) EXPERTS AND CONSULTANTS.-With the approval of the Commission, the * *director may procure temporary and intermittent services under section * *3109(b) of title 5, United States Code. * * (e) STAFF OF FEDERAL AGENCIES.-Upon the request of the Commission, the* *head of any Federal agency may detail, on a reimbursable basis, any of * *the personnel of that agency to the Commission to assist in carrying out* *its duties under this Act. * * (f) OTHER RESOURCES.-The Commission shall have reasonable access to * *materials, resources, statistical data, and other information from the * *Library of Congress, as well as agencies and elected representatives of * *the executive and legislative branches of government. The Chairperson of* *the Commission shall make requests in writing where necessary. * * (g) PHYSICAL FACILITIES.-The General Services Administration shall * *find suitable office space for the operation of the Commission. The * *facilities shall serve as the headquarters of the Commission and shall * *include all necessary equipment and incidentals required for proper * *functioning. * *SEC. 1716. POWERS OF COMMISSION. * * (a) HEARINGS.-The Commission may conduct public hearings or forums at * *its discretion, at any time and place it is able to secure facilities * *and witnesses, for the purpose of carrying out its duties. * * (b) DELEGATION OF AUTHORITY.-Any member or agent of the Commission * *may, if authorized by the Commission, take any action the Commission is * *authorized to take by this section. * * (c) INFORMATION.-The Commission may secure directly from any Federal * *agency information necessary to enable it to carry out this Act. Upon * *request of the Chairperson or Vice Chairperson of the Commission, the * *head of a Federal agency shall furnish the information to the Commission* *to the extent permitted by law. * * (d) GIFTS, BEQUESTS, AND DEVISES.-The Commission may accept, use, and * *dispose of gifts, bequests, or devices of services or property, both * *real and personal, for the purpose of aiding or facilitating the work of* *the Commission. Gifts, bequests, or devises of money and proceeds from * *sales of other property received as gifts, bequests, or devices shall be* *deposited in the Treasury and shall be available for disbursement upon * *order of the Commission. * * (e) MAILS.-The Commission may use the United States mails in the same * *manner and under the same conditions as other Federal agencies. * *SEC. 1717. REPORTS. * * (a) MONTHLY REPORTS.-The Commission shall submit monthly activity * *reports to the President and the Congress. * * (b) REPORTS.- * * (1) INTERIM REPORT.-The Commission shall submit an interim report * * to the President and the Congress not later than 1 year before the * * termination of the Commission. The interim report shall contain a * * detailed statement of the findings and conclusions of the * * Commission, together with its recommendations for legislative and * * administrative action based on the Commission's activities to date. * * A strategy for disseminating the report to Federal, State, and local* * authorities shall be formulated and submitted with the formal * * presentation of the report to the President and the Congress. * * (2) FINAL REPORT.-Not later than the date of the termination of * * the Commission, the Commission shall submit to the Congress and the * * President a final report with a detailed statement of final * * findings, conclusions, and recommendations, including an assessment * * of the extent to which recommendations of the Commission included in* * the interim report under paragraph (1) have been implemented. * * (c) PRINTING AND PUBLIC DISTRIBUTION.-Upon receipt of each report of * *the Commission under this section, the President shall- * * (1) order the report to be printed; and * * (2) make the report available to the public upon request. * *SEC. 1718. TERMINATION. * * The Commission shall terminate on the date which is 2 years after the * *Members of the Commission have met and designated a Chairperson and Vice* *Chairperson. * *Subtitle C-National Commission to Support Law Enforcement * *SEC. 1721. SHORT TITLE. * * This subtitle may be cited as the "National Commission to Support Law * *Enforcement Act". * *SEC. 1722. CONGRESSIONAL FINDINGS. * * The Congress finds that- * * (1) law enforcement officers risk their lives daily to protect * * citizens, for modest rewards and too little recognition; * * (2) a significant shift has occurred in the problems that law * * enforcement officers face without a corresponding change in the * * support from the Federal Government; * * (3) law enforcement officers are on the front line in the war * * against drugs and crime; * * (4) the rate of violent crime continues to increase along with the* * increase in drug use; * * (5) a large percentage of individuals arrested test positive for * * drug usage; * * (6) the Presidential Commission on Law Enforcement and the * * Administration of Justice of 1965 focused attention on many issues * * affecting law enforcement, and a review twenty-five years later * * would help to evaluate current problems, including drug-related * * crime, violence, racial conflict, and decreased funding; and * * (7) a comprehensive study of law enforcement issues, including the* * role of the Federal Government in supporting law enforcement * * officers, working conditions, and responsibility for crime control * * would assist in redefining the relationships between the Federal * * Government, the public, and law enforcement officials. * *SEC. 1723. ESTABLISHMENT. * * There is established a national commission to be known as the * *"National Commission to Support Law Enforcement" (referred to in this * *subtitle as the "Commission"). * *SEC. 1724. DUTIES. * * (a) IN GENERAL. -The Commission shall study and recommend changes * *regarding law enforcement agencies and law enforcement issues on the * *Federal, State, and local levels, including the following: * * (1) FUNDING.-The sufficiency of funding, including a review of * * grant programs at the Federal level. * * (2) EMPLOYMENT.-The conditions of law enforcement employment. * * (3) INFORMATION.-The effectiveness of information-sharing systems,* * intelligence, infrastructure, and procedures among law enforcement * * agencies of Federal, State, and local governments. * * (4) RESEARCH AND TRAINING.-The status of law enforcement research * * and education and training. * * (5) EQUIPMENT AND RESOURCES.-The adequacy of equipment, physical * * resources, and human resources. * * (6) COOPERATION.-The cooperation among Federal, State, and local * * law enforcement agencies. * * (7) RESPONSIBILITY.-The responsibility of governments and law * * enforcement agencies in solving the crime problem. * * (8) IMPACT.-The impact of the criminal justice system, including * * court schedules and prison overcrowding, on law enforcement. * * (b) CONSULTATION.-The Commission shall conduct surveys and consult * *with focus groups of law enforcement officers, local officials, and * *community leaders across the Nation to obtain information and seek * *advice on important law enforcement issues. *