The text of the bill below is as of Nov 18, 1988 (Passed Congress).
You are reading a bill enacted 12,737 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4181
Public Law 100-690
100th Congress
An Act
To prevent the manufacturing, distribution, and use of illegal drugs, and for other Nov. 18, 1988
purposes. [H.R. 5210]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled^ Anti-Drug Abuse
Act of 1988.
SECTION 1. SHORT TITLE. 21 u s e 1501
This Act may be cited as the "Anti-Drug Abuse Act of 1988". note.
SEC. 2. TABLE OF TITLES.
Title I—Coordination of national drug policy
Title II—Treatment and prevention pn^rams
Title III—Drug education programs
Title rV—International narcotics control
Title V—User accountability
Title VI—Anti-drug abuse amendments act of 1988
Title VII—Death penalty and other criminal and law enforcement matters
Title VIII—Federal alcohol administration
Title IX—Miscellaneous
Title X—Supplemental appropriations
TITLE I—COORDINATION OF NATIONAL
DRUG POLICY
Subtitle A—National Drug Control Program National
Narcotics
Leadership Act
SEC. lOOL SHORT TITLE. of 1988.
This subtitle may be cited as the "National Narcotics Leadership ^LY^^ ^^^^
Act of 1988".
SEC. 1002. ESTABLISHMENT OF OFFICE. 21 use 1501.
(a) EsTABUSHMENT OF OFFICE.—There is established in the Execu-
tive Office of the President the "Office of National Drug Control
Policy".
(b) DIRECTOR AND DEPUTY DIRECTORS.—(1) There shall be at the
head of the Office of National Drug Control Policy a Director of
National Drug Control Policy.
(2) There shall be in the Office of National Drug Control Policy a
Deputy Director for Demand Reduction and a Deputy Director for
Supply Reduction.
(3) The Deputy Director for Demand Reduction and the Deputy
Director for Supply Reduction shall assist the Director in carrying
out the responsibilities of the Director under this Act.
(c) BUREAU OF STATE AND LOCAL AFFAIRS.—(1) There is established
in the Office of National Drug Control Policy a Bureau of State and
Local Affairs.
(2) There shall be at the head of such bureau an Associate Director
for National Drug Control Policy.
102 STAT. 4182 PUBLIC LAW 100-690—NOV. 18, 1988
(d) ACCESS BY CONGRESS.—The location of the Office of National
Drug Control Policy in the Executive Office of the President shall
not be construed as affecting access by the Congress or committees
of either House to—
(1) information, documents, and studies in the possession of,
or conducted by or at the direction of the Director; or
(2) personnel of the Office of National Drug Control Policy.
21 use 1502. SEC. 1003. APPOINTMENT AND DUTIES OF DIRECTOR, DEPUTY DIREC-
TORS, AND ASSOCIATE DIRECTOR.
President of U.S. (a) APPOINTMENT.—(1) The Director, the Deputy Director for
Demand Reduction, the Deputy Director for Supply Reduction, and
the Associate Director for National Drug Control Policy shall each
be appointed by the President, by and with the advice and consent of
the Senate.
(2) The Director, the Deputy Director for Demand Reduction, the
Deputy Director for Supply Reduction, and the Associate Director
for National Drug Control Policy shall each serve at the pleasure of
the President. No person shall serve as Director, a Deputy Director,
or Associate Director while serving in any other position in the
Federal Government.
50 use 402. (3) Section 101 of the National Security Act of 1947 is amended by
redesignating subsection (f) as subsection (g) and inserting after
subsection (e) the following:
"(f) The Director of National Drug Control Policy may, in his role
as principal adviser to the National Security Council on nationsd
drug control policy, and subject to the direction of the President,
attend and participate in meetings of the National Security
Council.".
(4XA) Section 5312 of title 5, United States Code, is amended by
adding at the end thereof the following:
"Director of National Drug Control Policy.".
(B) Section 5314 of title 5, United States Code, is amended by
adding at the end thereof the following:
"Deputy Director for Demand Reduction, Office of National
Drug Control Policy.
"Deputy Director for Supply Reduction, Office of National
Drug Control Policy.".
(C) Section 5315 of title 5, United States Code, is amended by
adding at the end thereof the following:
"Associate Director for National Drug Control Policy,
Office of National Drug Control Policy.".
Ot)) RESPONSIBIUTIES.—The Director shall—
(1) establish policies, objectives, and priorities for the Na-
tional Drug Control Program;
(2) annually promulgate the National Drug Control Strategy
in accordance with section 1005;
(3) coordinate and oversee the implementation by National
Drug Control Program agencies of the policies, objectives, and
priorities established under parsigraph (1) and the fulfillment of
the responsibilities of such agencies under the National Drug
Control Strategy;
(4) make such recommendations to the President as the Direc-
tor determines are appropriate regarding—
(A) changes in the organization, management, and budg-
ets of Federal departments and agencies engaged in drug
enforcement; and
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4183
(B) the allocation of personnel to and within such depart-
ments and agencies;
to implement the policies, priorities, and objectives established
under paragraph (1) and the National Drug Control Strategy;
(5) consult with and assist State and local governments with
respect to their relations with the National Drug Control Pro-
gram agencies;
(6) appear before duly constituted committees and subcommit-
tees of the House of Representatives and of the Senate to
represent the drug policies of the executive branch; and
(7) notify any National Drug Control Program agency if its
policies are not in compliance with the responsibilities of such
agency under the National Drug Control Strategy and transmit
a copy of each such notification to the President.
(c) NATIONAL DRUG CONTROL PROGRAM BUDGET.—(1) The Director
shall develop for each fiscal year, with the advice of the program
managers of departments and agencies with responsibilities under
the National Drug Control Program, a consolidated National Drug
Control Program budget proposal to implement the National Drug
Control Strategy, and shall transmit such budget proposal to the
President and to the Congress.
(2) Each Federal Government program manager, agency head, and
department head with responsibilities under the National Drug
Control Strategy shall transmit the drug control budget request of
the program, agency, or department to the Director at the same
time as such request is submitted to their superiors (and before
submission to the Office of Management and Budget) in the prepara-
tion of the budget of the President submitted to the Congress under
section 1105(a) of title 31, United States Code.
(3) The Director shall—
(A) review each drug control budget request transmitted to
the Director under paragraph (2);
(B) certify in writing as to the adequacy of such request to
implement the objectives of the National Drug Control Strategy
for the year for which the request is submitted; and
(C) notify the program manager, agency head, or department
head, as applicable, regarding the Director's certification under
subparagraph (B).
(4) The Director shall maintain records regarding certifications Records.
under paragraph (3)(B).
(5)(A) No National Drug Control Program agency shall submit to
the Congress a reprogramming or transfer request with respect to
any amount of appropriated funds greater than $5,000,000 which is
included in the National Drug Control Program budget unless such
request has been approved by the Director.
(B) The head of any National Drug Control Program agency may
appeal to the President any disapproval by the Director of a
reprogramming or transfer request.
(6) The Director shall report to the Congress on a quarterly basis Reports.
regarding the need for any reprogramming or transfer of appro-
priated funds for National Drug Control Program activities.
(7) The head of each National Drug Control Program agency shall
ensure timely development and submission to the Director of drug
control budget requests transmitted pursuant to subsection (cX2), in
such format as may be designated by the Director with the concur-
rence of the Director of the Office of Management and Budget.
102 STAT. 4184 PUBLIC LAW 100-690—NOV. 18, 1988
(d) POWERS OF DIRECTOR.—In carrying out the responsibilities
established under subsection (b), the Director may—
(1) select, appoint, employ, and fix compensation of such
officers and employees as may be necessary to carry out the
functions of the Office of National Drug Control Policy under
this title;
(2) direct, with the concurrence of the Secretary of a depart-
ment or head of an agency, the temporary reassignment within
the Federal Government of personnel employed by such depart-
ment or ajgency, in order to implement United States drug
control policy;
(3) use for administrative purposes, on a reimbursable basis,
the available services, equipment, personnel, and facilities of
Federal, State, and local agencies;
(4) procure the services of experts and consultants in accord-
ance with section 3109 of title 5, United States Code, relating to
appointments in the Federal Service, at rates of compensation
for individuals not to exceed the daily equivalent of the rate of
pay payable for GS-18 of the General Schedule under section
5332 of title 5, United States Code;
State and local (5) accept and use donations of property from Federal, State,
governments. and local government agencies;
Gifts and (g) ^gg ^jjg mails in the same manner as any other department
^°||® ^' or agency of the executive branch; and
(7) monitor implementation of the National Drug Control
Program, including—
(A) conducting program and performance audits and
evaluations; and
(B) requesting assistance from the Inspector General of
the relevant agency in such audits and evaluations.
(e) PERSONNEL DETAILED TO THE OFFICE.—(1) Notwithstanding any
provision of chapter 43 of title 5, United States Code, the Director
shall perform the evaluation of the performance of any employee
detailed to the Office of National Drug Control Policy for purposes
of the applicable performance appraisal system established under
such chapter for any rating period, or part thereof, that such
employee is detailed to such office.
(2XA) Notwithstanding any other provision of law, the Director
may provide periodic bonus paymente to any employee detailed to
the Office of National Drug Control Policy.
(B) An amount paid under this paragraph to an employee for any
period shall not be greater than 20 percent of the basic pay paid or
payable to such employee for such period.
(C) Any payment under this paragraph to an employee shall be in
addition to the basic pay of such employee.
(D) The aggregate amount paid during any fiscal year to an
employee detailed to the Office of National Drug Control Policy as
basic pay, awards, bonuses, and other compensation shall not exceed
the annual rate payable at the end of such fiscal year for positions
at level III of the Executive Schedule.
21 u s e 1503. SEC. 1004. COORDINATION WITH EXECUTIVE BRANCH DEPARTMENTS
AND AGENCIES.
(a) ACCESS TO INFORMATION.—(1) Upon request of the Director, and
subject to laws governing disclosure of information, the head of each
National Drug Control Program agency shall provide to the Director
such information as may be required for drug control.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4185
(2XA) The authorities conferred on the Office of National Drug
Control Policy and its Director by this Act shall be exercised in a
manner consistent with provisions of the National Security Act of
1947. The Director of Central Intelligence shall prescribe such regu- Regulations.
lations as may be necessary to protect information provided pursu-
ant to this Act regarding intelligence sources and methods.
(B) The Director of Central Intelligence shall, to the fullest extent
possible in accordance with subparagraph (A), render full eissisteince
and support to the Office of National Drug Control Policy and its
Director.
Qo) CERTIFICATION OF POUCY CHANGES BY DIRECTOR.—(1) The head
of a National Drug Control Program agency shall, unless exigent
circumstances require otherwise, notify the Director in writing
regarding any proposed change in policies relating to the activities
of such department or agency under the National Drug Control
Program prior to implementation of such change. The Director shall
promptly review such proposed change and certify to the depart-
ment or agency head in writing whether such change is consistent
with the National Drug Control Strategy.
(2) If prior notice of a proposed change under paragraph (1) is not
possible, the department or agency head shall notify the Director as
soon as practicable. The Director shall review such change and
certify to the department or agency head in writing whether such
change is consistent with the National Drug Control Program.
(c) GENERAL SERVICES ADMINISTRATION.—The Administrator of
General Services shall provide to the Director on a reimbursable
basis such administrative support services as the Director may
request.
SEC. 1005. DEVELOPMENT AND SUBMISSION OF NATIONAL DRUG CON- 21 USC 1504.
TROL STRATEGY.
(a) DEVELOPMENT AND SUBMISSION OF THE NATIONAL DRUG CON-
TROL STRATEGY.—(1) Not later than 180 days after the first Director President of U.S.
is confirmed by the Senate, and not later than February 1 of each
year thereafter, the President shall submit to the Congress a Na-
tional Drug Control Strategy. Any part of such strategy that in-
volves information properly classified under criteria established by
an Executive order shall be presented to the Congress separately.
(2) The National Drug Control Strategy submitted under para-
graph (1) shall—
(A) include comprehensive, research-based, long-range goals
for reducing drug abuse in the United States;
(B) include short-term measurable objectives which the Direc-
tor determines may be realistically achieved in the 2-year
period beginning on the date of the submission of the strategy;
(C) describe the balance between resources devoted to supply
reduction and demand reduction; and
(D) review State and local drug control activities to ensure state and local
that the United States pursues well-coordinated and effective governments.
drug control at all levels of government.
(3XA) In developing the National Drug Control Strategy, the
Director shall consult with—
(i) the heads of the National Drug Control Program agencies;
(ii) the Congress;
(iii) State and local officials;
(iv) private citizens with experience and expertise in demand
reduction; and
102 STAT. 4186 PUBLIC LAW 100-690—NOV. 18, 1988
(v) private citizens with experience and expertise in supply
reduction.
Reports. (B) At the time the President submits the National Drug Control
Strategy to the Congress, the Director shall transmit a report to the
Congress indicating the persons consulted under this paragraph.
(4) Beginning with the second submission of a National Drug
Control Strategy, the Director shall include with each such strategy
a complete evaluation of the effectiveness of drug control during the
preceding year.
(b) GOALS, OBJECTIVES, AND PRIORITIES.—Each National Drug Con-
trol Strategy shall include—
(1) a complete list of goals, objectives, and priorities for supply
reduction and for demand reduction;
(2) private sector initiatives and cooperative efforts between
the Federal Government and State and local governments for
drug control;
(3) 3-year projections for program and budget priorities and
achievable projections for reductions of drug availability and
usage;
(4) a complete assessment of how the budget proposal
transmitted under section 1003(c) is intended to implement the
strategy and whether the funding levels contained in such
proposal are sufficient to implement such strategy;
(5) designation of areas of the United States as high intensity
drug trafficking areas in accordance with subsection (c); and
Communications (6) a plan for improving the compatibility of automated
and tele- information and communication systems to provide Federal
communications.
agencies with timely and accurate information for purposes of
this subtitle.
(c) HIGH INTENSITY DRUG TRAFFICKING AREAS.—(1) The Director,
upon consultation with the Attorney General, heads of National
Drug Control Program agencies, and the Governors of the several
States, may designate any specified area of the United States as a
high intensity drug trafficking area. After making such a designa-
tion and in order to provide Federal assistance to the area so
designated, the Director may—
(A) direct the temporary reassignment of Federal personnel
to such area, subject to the approval of the Secretary of
the department or head of the agency which employs such
personnel;
(B) take any other action authorized under section 1003 to
provide increased Federal eissistance to such areas; and
(C) coordinate actions under this paragraph with State and
local officials.
(2) When considering the designation of an area under this
subsection as a high intensity drug trafficking area, the Director
shall consider, along with other criteria the Director may deem
appropriate—
(A) the extent to which the area is a center of illegal drug
production, manufacturing, importation, or distribution;
(B) the extent to which State and local law enforcement
agencies have committed resources to respond to the drug
trafficking problem in the area, thereby indicating a determina-
tion to respond aggressively to the problem;
(C) the extent to which drug-related activities in the area are
having a harmful impact in other areas of the country; and
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4187
(D) the extent to which a significant increase in allocation of
Federal resources is necessary to respond adequately to drug-
related activities in the area.
(3) Before March 1, 1991, the Director shall submit a report to the Reports.
House of Representatives and to the Senate concerning the effective-
ness of and need for the designation of areas under this subsection
as high intensity drug trafficking areas, along with any comments
or recommendations for legislation.
(d) LEAD AGENCIES.—(1) The President shall designate lead agen- President of U.S.
cies with areas of principal responsibility for carrjdng out the
National Drug Control Strategy.
(2) The Director shall require that any National Drug Control
Program agency that conducts a major supply reduction activity
which is in the area of principal responsibility of a lead agency
designated under paragraph (1) shall—
(A) notify such lead agency in writing of the activity; and
(B) provide such notification prior to conducting such activity,
unless exigent circumsteinces require otherwise.
(3) If a lead agency objects to the conduct of an activity described
under paragraph (2), the lead agency and the agency planning to
conduct such activity shall notify the Director in writing regarding
such objection.
SEC. 1006. SUBMISSION OF NATIONAL DRUG CONTROL PROGRAM BUDGET
WITH ANNUAL BUDGET REQUEST OF PRESIDENT.
Section 1105(a) of title 31, United States Code, is amended by
adding at the end thereof the following:
"(26) a separate statement of the amount of appropriations
requested for the Office of National Drug Control Policy and
each program of the National Drug Control Program.".
SEC. 1007. TERMINATION OF NATIONAL DRUG ENFORCEMENT POLICY
BOARD, NATIONAL NARCOTICS BORDER INTERDICTION
SYSTEM, AND WHITE HOUSE DRUG ABUSE POLICY OFFICE.
(a) NATIONAL DRUG ENFORCEMENT POUCY BOARD.—(1) The Na- 21 u s e 1501
tional Drug Enforcement Policy Board is terminated effective on the note.
30th day after the first Director is confirmed by the Senate. Upon
such termination, all records and property of the National Drug
Enforcement Policy Board shall be transferred to the Director. The
Director of the Office of Management and Budget shall take such
actions as are necessary to facilitate such transfer.
(2) All strategies, implementation plans, memoranda of under-
standing, and directives that have been issued or made by the
National Drug Policy Board before the effective date of this subtitle
shall continue in effect until modified, terminated, superseded, set
aside, or revoked by the President or the Director.
(3) The National Narcotics Act of 1984 (21 U.S.C. 1201 et seq.) is Effective date.
repealed effective on the 30th day after the first Director is con-
firmed by the Senate.
(b) NATIONAL NARCOTICS BORDER INTERDICTION SYSTEM.—Notwith- 21 u s e 1501
standing any other provision of law, no funds may be expended after note.
30 days after the date on which the first Director is confirmed by the
Senate for any activities or operations of the entity otherwise known
as the National Narcotics Border Interdiction System.
(c) WHITE HOUSE OFFICE OF DRUG ABUSE POLICY.—(1) Sections 103,
201, 202, 203, 204, and 206 of the Drug Abuse Prevention, Treat-
ment, and Rehabilitation Act (21 U.S.C. 1103, 1111, 1112, 1113, 1114,
102 STAT. 4188 PUBLIC LAW 100-690—NOV. 18, 1988
and 1116) are repealed. Section 205 of such Act is redesignated as
21 use 1115. section 201.
21 use 1501 (2) The White House Office of Drug Abuse Policy shall terminate
note. on the 30th day after the date on which the first Director is
confirmed by the Senate.
(3) Section 5314 of title 5, United States Code, is amended by
striking "Director of the Office of Drug Abuse Policy.".
(4) Section 5315 of title 5, United States Code, is amended by
striking "Deputy Director of the Office of Drug Abuse Policy. .
21 u s e 1505. SEC. 1008. EXECUTIVE REORGANIZATION STUDY.
(a) REPORT TO THE CONGRESS AND THE PRESIDENT.—Not later than
January 15, 1990, the Director shall submit a report to the President
and to the Congress regarding the necessity to group, coordinate,
and consolidate agencies and functions of the Federal Government
involved in supply reduction and demand reduction in order to—
(1) promote better execution of the laws;
(2) provide more effective management of the executive
branch;
(3) reduce expenditures and promote economy to the fullest
extent consistent with the efficient operation of the executive
branch; and
(4) reduce the number of agencies by consolidating under a
single head agencies having similar functions, and by abolishing
agencies and functions which are unnecessary for the efficient
conduct of the executive branch.
(b) RECOMMENDATIONS.—The report submitted under subsection
(a) shall include any appropriate recommendations for legislation.
21 u s e 1506. SEC. 1009. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL
POLICY.
This subtitle and the amendments made by this subtitle, other
than section 1007, are repealed on the date which is 5 years after the
date of the enactment of this subtitle.
21 u s e 1507. SEC. 1010. DEFINITIONS.
As used in this subtitle—
(1) the term "drug" has the same meaning as the term
"controlled substance" has in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6));
(2) the term "drug control" means any activity conducted by a
National Drug Control Program agency involving supply reduc-
tion or demand reduction;
(3) the term "supply reduction" means any enforcement activ-
ity of a program conducted by a National Drug Control Program
agency that is intended to reduce the supply or use of drugs in
the United States and abroad, includingrr-^
(A) international drug control;
(B) foreign and domestic drug enforcement intelligence;
(C) interdiction; and
(D) domestic drug law enforcement, including law
enforcement directed at drug users;
(4) the term "demand reduction" means any activity con-
ducted by a National Drug Control Program agency, other than
an enforcement activity, that is intended to reduce the demand
for drugs, including—
(A) drug abuse education;
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4189
(B) prevention;
(C) treatment;
(D) research; and
(E) rehabilitation;
(5) the term "National Drug Control Prc^ram" means pro-
grams, policies, and activities undertaken by National Drug
Control Program agencies pursuant to the responsibilities of
such agencies under the National Drug Control Strat^y;
(6) the term "National Drug Control Prc^am agency" means
any department or agency and all dedicated units thereof, with
responsibilities under the National Drug Control Strategy, as
designated—
(A) jointly by the Director and the head of the depart-
ment or agency; or
(B) by the President;
(7) the term "Director" means the Director of National Drug
Control Policy; and
(8) the term "National Drug Control Strategy" means a strat-
^ y developed and submitted to the Congress under section
1005.
S E C 1011. AUTHORIZATION OF APPROPRIATIONS. 21 u s e 1508.
For the purposes of carrying out this subtitle, there are authorized
to be appropriated $3,500,000 for fiscal year 1989 and such sums as
may be necessary for each of the 4 succeeding fiscal years, to remain
avsulable until expended.
SEC. 1012. EFFECTIVE DATE. 21 u s e 1501
note.
This subtitle shall be effective January 21,1989.
Justice
Subtitle B—^Department of Justice Civil Department
Organized Crime
Enforcement Enhancement and Drug
Enforcement
Enhancement
SEC. 1051. SHORT TITLE. Act of 1988.
28 u s e 509 note.
This subtitle may be cited as the "Justice Department Organized
Crime and Drug finforcement Enhancement Act of 1988".
SEC 1052. FINDINGS.
The Congress finds that—
(1) organized criminal activity contributes significantly to the
importation, distribution, and sale of ill^al and dangerous
drugs;
(2) trends in drug trafficking patterns necessitate a response
that gives appropriate weight to—
(A) the prosecution of drug-related crimes; and
(B) the forfeiture and seizure of assets and other civil
remedies used to strike at the inherent strength of the drug
networks and organized crime groups;
(3) law enforcement components of the Department of Justice
should give high priority to the enforcement of civil sanctions
against drug networks and organized crime groups; and
(4) the structure of the Department of Justice Criminal Divi-
sion needs to be reviewed in order to determine the most
effective structure to address such drug-related problems.
102 STAT. 4190 PUBLIC LAW 100-690—NOV. 18, 1988
SEC 1053. CIVIL ENFORCEmENT REPORT.
(a) REPORT.—^Not later than 1 year after the date of the enactment
of this title, the Director of National Drug Ck)ntrol Policy (the
Director) in consultation with the Attorney Greneral, shall report to
the Congress on the necessity to establish a new division or make
other organizational changes within the Department of Justice in
order to promote better civil and criminal law enforcement. In
preparing such report, the Director shall consider restructuring and
consolidating one or more of the following divisioi^ and prc^ams—
(1) the Organized Crime and Racketeering Section of the
Criminal Division and all subordinate strike forces therein;
(2) the Narcotic and Dangerous Drug Section of the Criminal
Division;
(3) the Asset Forfeiture Office of the Criminal Division; and
(4) the Organized Crime Drug Enforcement Task Force
Program;
(b) LEGISLATIVE RECOMMENDATIONS.—The report submitted under
subsection (a) shall include appropriate l^islative recommendations
for the Congress.
SEC. 1054. CIVIL ENFORCEMENT ENHANCEMENT.
(a) DUTY OF ATTORNEY GENERAL.—The Attorney General shall
insure that each component of the Department of Justice having
criminal law enforcement responsibilities with respect to the
prosecution of organized crime and controlled substances violations,
including each United States Attorney's Office, attaches a high
priority to the enforcement of civil statutes creating ancillary sanc-
tions and remedies for such violations, such as civil penalties and
actions, forfeitures, injunctions and restraining orders, and collec-
tion of fines.
(b) DUTY OF ASSOCIATE ATTORNEY GENERAL.—^The Associate Attor-
ney General shaU be responsible for implementing the policy set
forth in this subsection.
(c) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized
to be appropriated $3,000,000 for salaries and expense to the
Department of Justice General Legal Activities Account and
$3,000,000 for salaries and expenses for United States Attorneys for
fiscal year 1989.
(2) Any appropriation of funds authorized under paragraph (1)
shall be—
(A) in addition to any appropriations requested by the Presi-
dent in the 1989 fiscal year budget submitted by the President
to the Congress on February 18, 1988, or provided in regular
appropriations Acts or continuing resolutions for the fiscal year
ending September 30,1989; and
(B) used to increase the number of field attorneys and related
support staff over such personnel levels employed at the Depart-
ment of Justice on September 30,1988.
(3) Any increase in full-time equivalent positions described under
paragraph (2XB) shall be exclusively used for asset forfeiture and
civil enforcement and be assigned to appropriate field offices of the
Organized Crime and Racketeering Section and the Organized
Crime Drug Enforcement Task Forces.
(d) REPORTING REQUIREMENT.—The Attorney General, at the end
of each such fiscal year, shall file a report with the Congress setting
forth the extent of such enforcement efforts, as well as the need for
any enhancements in resources necessary to carry out this policy.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4191
SEC. 1055. EXPENSES OF TASK FORCES.
(a) APPROPRIATIONS AND REIMBURSEMENTS PROCEDURE.—Begin-
ning in fiscal year 1990, the Attorney General in his budget shall
submit a separate appropriations request for expenses relating to all
Federal agencies participating in the Organized Crime Drug
Enforcement Task Forces. Such appropriations shall be made to the
Department of Justice's Interagency Law Enforcement Appropria-
tion Account for the Attorney General to make reimbursements to
the involved agencies as necessary.
(b) ENHANCEMENT OF FIELD ACTIVITIES.—The appropriations and
reimbursements procedure described under subsection (a) shall—
(1) provide for the flexibility of the Task Forces which is vital
to success;
(2) permit Federal law enforcement resources to be shifted
in response to changing patterns of organized criminal
drug activities;
(3) permit the Attorney General to reallocate resources
among the organizational components of the Task Forces and
between regions without undue delay; and
(4) ensure that the Task Forces function as a unit, without the
competition for resources among the participating agencies that
would undermine the overall effort.
TITLE II—TREATMENT AND PREVENTION
PROGRAMS
SEC. 2001. T A B L E OF CONTENTS.
Sec. 2001. Table of contents.
Subtitle A—Programs Relating to Public Health Service Act
Sec. 2011. Short title.
Sec. 2012. Purposes.
CHAPTER 1—REVISION AND EXTENSION OF ALCOHOL AND DRUG ABUSE AND MENTAL
HEALTH SERVICES BLOCK GRANT
Sec. 2021. Authorization of appropriations.
Sec. 2022. Formula for allotments.
Sec. 2023. Set-£iside for fiscal year 1989 for treatment for substance abuse.
Sec. 2024. Construction of substance abuse facilities.
Sec. 2025. Prevention and treatment with respect to intravenous drug abuse.
Sec. 2026. Limitation on administrative expenses.
Sec. 2027. New mental health services and programs.
Sec. 2028. Independent peer review and manner of compliance.
Sec. 2029. Intrastate allocations.
Sec. 2030. Set-aside for services for intravenous drug abuse.
Sec. 2031. Maintenance of effort.
Sec. 2032. Set-aside for women and children.
Sec. 2033. Set-aside for mental health services for children.
Sec. 2034. Certain required agreements.
Sec. 2035. Requirement of establishment of mental health services planning
council.
Sec. 2036. Group homes for recovering substance abusers.
Sec. 2037. Report and audits.
Sec. 2038. Technical assistance.
Sec. 2039. Service research on community-based alcohol and drug abuse treatment
programs.
Sec. 2040. Service research on community-based mental health treatment
programs.
Sec. 2041, State comprehensive mental health service plan.
102 STAT. 4192 PUBLIC LAW 100-690—NOV. 18, 1988
CHAPTER 2—REVISION AND EXTENSION OF CERTAIN PROGRAMS OF ALCOHOL, DRUG
ABUSE, AND MENTAL HEALTH ADMINISTRATION
Sec. 2051. Office for Substance Abuse Prevention.
Sec. 2052. Requirement of annual collection by Secretary of certain data with
respect to mental illness and substance abuse.
Sec. 2053. Reduction of waiting period for drug abuse treatment.
Sec. 2054. Model projects for pregnant women.
Sec. 2055. Certain authorizations of appropriations.
Sec. 2056. Drug abuse demonstration projects of national significance.
Sec. 2057. Establishment of grant programs for research with respect to mental
health services.
Sec. 2058. Miscellaneous amendments.
CHAPTER 3—REPORTS AND STUDIES
Sec. 2071. Relationship between mental illness and substance abuse.
Sec. 2072. Use of involuntary commitment.
Sec. 2073. Report with respect to administration of certain research programs.
CHAPTER 4—MISCELLANEOUS
Sec. 2081. Action by national institute on drug abuse and States concerning mili-
tary facilities.
Subtitle B—Employee Assistance Programs
Sec. 2101. Employee assistance programs.
Subtitle C—Indian Alcohol and Substance Abuse Prevention and Treatment
Sec. 2201. Amendments to Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986.
Sec. 2202. Definitions.
Sec. 2203. Amendment and revision of tribal development plan.
Sec. 2204. Authorization of appropriations for grants.
Sec. 2205. Leasing of tribal property.
Sec. 2206. Indian education prc^ams.
Sec. 2207. Emergency shelters and halfwajr houses.
Sec. 2208. Certain illegal narcotics trafficking.
Sec. 2209. Law enforcement and judicial training.
Sec. 2210. Treatment of juvenile offenders.
Sec. 2211. Juvenile detention centers.
Sec. 2212. Indian Health Service youth program.
Sec. 2213. Training and community education.
Sec. 2214. Navajo alcohol rehabilitation program.
Sec. 2215. Urban Indian program.
Sec. 2216. Office of Alcohol and Substance Abuse.
Sec. 2217. Contract health services.
Sec. 2218. Newsletter.
Sec. 2219. Rule of construction.
Subtitle D—Native Hawaiian Health Care
Sec. 2301. Short title.
Sec. 2302. Findings.
Sec. 2303. Comprehensive health care master plan for Native Hawaiians.
Sec. 2304. Native Hawaiian health centers.
Sec. 2305. Administrative grant for Papa Ola Lokahi.
Sec. 2306. Administration of grants and contracts.
Sec. 2307. Assignment of personnel.
Sec. 2308. Definitions.
Sec. 2309. Rule of construction.
Sec. 2310. Repeal of demonstration project.
Sec. 2311. Compliance with Budget Act.
Sec. 2312. Severability.
Subtitle E}—Provisions Relating to Certain Drugs
Sec. 2401. Forfeiture and illegal trafficking in steroids.
Sec. 2402. Comptroller Greneral report on use of anabolic steroids and human
growth hormones.
Sec. 2403. Prohibited distribution of anabolic steroids.
Sec. 2404. Banning of butyl nitrite.
Sec. 2405. Establishment of task force and protection of public health with respect
to illegal drug laboratories.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4193
Subtitle F—Certain Provisions With Respect to Veterans
Sec. 2501. Evaluation of the Veterans' Administration inpatient and outpatient
drug and alcohol treatment programs.
Sec. 2502. Veterans' Administration drug and alcohol treatment programs.
Subtitle G—Miscellaneous Health Amendments
Sec. 2600. Effective date.
CHAPTER 1—TECHNICAL AND CONFORMING AMENDMENTS TO HEALTH OMNIBUS
PROGRAMS EXTENSION OF 1988
Sec. 2601. Certain references.
Sec. 2602. Amendments to title II.
Sec. 2603. Amendments to title VI.
Sec. 2604. Amendments to title VII.
Sec. 2605. Amendments to title IX.
CHAPTER 2—TECHNICAL AND CONFORMING AMENDMENTS TO THE PUBLIC HEALTH
SERVICE ACT
Sec. 2611. Certain references.
Sec. 2612. Amendments to title III.
Sec. 2613. Amendments to title IV.
Sec. 2614. Amendments to title V.
Sec. 2615. Amendments to title VII.
Sec. 2616. Amendments to title VIII.
Sec. 2617. Amendments to title XXIII.
Sec. 2618. Amendments to title XXIV.
Sec. 2619. Amendments to first title XXV.
Sec. 2620. Amendments to second title XXV and to certain other provisions.
CHAPTER 3—TECHNICAL AND CONFORMING AMENDMENT TO FEDERAL FOOD, DRUG, AND
COSMETIC ACT
Sec. 2631. Amendment to section 903.
CHAPTER 4—MISCELLANEOUS
Sec. 2641. Miscellaneous.
Comprehensive
Subtitle A—Provisions Relating to Public Alcohol Abuse,
Drug Abuse, and
Health Service Act Mental Health
Amendments
SEC 2011. SHORT TITLE. Act of 1988.
AIDS.
This subtitle may be cited as the "Comprehensive Alcohol Abuse, State and local
Drug Abuse, and Mental Health Amendments Act of 1988". governments.
42 u s e 201 note.
SEC 2012. PURPOSES. 42 u s e 300x
note.
The purposes of this subtitle with respect to substance abuse are—
(1) to prevent the transmission of the etiologic agent for
acquired immune deficiency syndrome by ensuring that treat-
ment services for intravenous drug abuse are available to intra-
venous drug abusers;
(2) to continue the Federal Government's partnership with
the States in the development, maintenance, and improvement
of community-based alcohol and drug abuse programs;
(3) to provide financial and technical assistance to the States
and communities in their efforts to develop and maintain a core
of prevention services for the purpose of reducing the incidence
of substance abuse and the demand for alcohol and drug abuse
treatment;
(4) to assist and encourage States in the initiation smd
expansion of prevention and treatment services to underserved
populations;
102 STAT. 4194 PUBLIC LAW 100-690—NOV. 18, 1988
(5) to increase, to the greatest extent possible, the availability
and quality of treatment services so that treatment on request
may be provided to all individuals desiring to rid themselves of
their substance abuse problem; and
(6) to increase understanding about the extent of alcohol
abuse and other forms of drug abuse by expanding data
collection activities and supporting research on the compara-
tive cost and efficacy of substance abuse prevention and
treatment services.
CHAPTER 1—REVISION AND EXTENSION OF ALCOHOL
AND DRUG ABUSE AND MENTAL HEALTH SERVICES
BLOCK GRANT
SEC. 2021. AUTHORIZATION OF APPROPRIATIONS.
Section 1911 of the Public Health Service Act (42 U.S.C. 300x) is
amended to read as follows:
"AUTHORIZATION OF APPROPRIATIONS
"SEC. 1911. (a) For the purpose of canning out this subpart and
section 509D, there are authorized to be appropriated $1,500,000,000
for fiscal year 1989 and such sums as may be necessary for each of
the fiscal years 1990 and 1991.
"0)) For the purpose of carrying out section 509D and sections 1921
through 1923, the Secretary shall obligate not less than 5 percent,
and not more than 15 percent, of the amounts appropriated for a
fiscal year pursuant to subsection (a).".
SEC. 2022. FORMULA FOR ALLOTMENTS.
(a) EsTABUSHMENT OF FORMULA.—Subpart I of part B of title XIX
of the Public Health Service Act is amended by inserting after
section 1912 the following new section:
"ALLOTMENTS
42 use 300x-ia. "SEC. 1912A. (aXD Subject to subsections Ot)) and (e), the Secretary
shall determine the amount of the allotment under this subpart for
a State for a fiscal year in accordance with the following formula:
i-J
"(2) For purposes of the formula specified in paragraph (1),
the term *A means the difference between—
"(A) an amount equal to the amount appropriated pursu-
ant to section 1911 for allotments under this subpart for the
fiscal year involved; and
"(B) an amount equal to 1.5 percent of the amount re-
ferred to in subparagraph (A).
"(3) For purposes of the formula specified in paragraph (1),
the term *U' means the sum of the respective terms X' deter-
mined for each State under paragraph (4).
"(4XA) For purposes of the formula specified in paragraph (1),
the term *X' means the product of—
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4195
"(i) an amount equal to the term 'P' as determined under
subparagraph (B); and
"(ii) the greater of—
"(D 0.4; and
"(ID an amount equal to an amount determined in
accordance with the following formula:
.35
(-J
"(B) For purposes of subparagraph (AXi), the term *P* means
the sum of—
"(i) an amount equal to the product of^
"(1)0.4; and
"(n) an amount equal to the population living in
urbanized areas of the State involved, as indicated by
the most recent data collected by the Bureau of the
Census;
"(ii) an amount equal to the product of—
"(D 0.2; and
"(ID an amount equal to the number of individuals in
the State who are between 18 and 24 years of age, as
indicated by the most recent data collected by the
Bureau of the Census;
"(iii) an amount equal to the product of—
"(D 0.2; and
"(D) an amount equal to the number of individuals in
the State who are between 25 and 44 years of age, as
indicated by the most recent data collected by the
Bureau of the Census; and
"(iv) an amount equal to the product of—
"(D 0.2; and
"(ID an amount equal to the number of individuals in
the State who are between 25 and 64 years of age, as
indicated by the most recent data collected by the
Bureau of the Census.
"(Q For purposes of the formula specified in subparagraph
(AXii)(ID, the term 'S' means the quotient of—
"(i) an amount equal to the most recent 3-year average of
the total taxable resources of the State, as determined by
the Secretary of the Treasury; divided by
"(ii) an amount equal to the term 'P' as determined under
subparagraph (B).
"(D) For purposes of the formula specified in subparagraph
(AXii)(n), the term 'N' means the quotient of—
"(i) an amount equal to the sum of the respective
amounts determined for each State under subparagraph
(CXi); divided by
"(ii) an amount equal to the sum of the respective terms
'P* determined for each State under subparagraph (B).
"(b) Each State shall receive a minimum allotment under this
subpart of the lesser of—
"(1) $7,000,000; and
"(2) an amount equal to 105 percent of the simi of—
102 STAT. 4196 PUBLIC LAW 100-690—NOV. 18, 1988
"(A) the amount the State received under section 1913 for
fiscal year 1988 (as such section was in effect for such fiscal
year); and
"(B) the amount the State received under part C for fiscal
year 1988.".
(b) TERRITORIES AND CERTAIN SET-ASIDE.—Section 1912A of the
42 u s e 300x-la. Public Health Service Act, as added by subsection (a) of this section,
is amended by adding at the end the following new subsection:
"(cXD The allotment for a territory of the United States under
this subpart for a fiscal year shall be the greater of—
"(A) $100,000; and
"(B) an amount determined in accordance with paragraph (2).
"(2) The amount referred to in paragraph (IXB) is the product of—
"(A) an amount equal to the amounts reserved under para-
graph (3); and
"(B) a percentage equal to the quotient of—
"(i) the population of the territory involved, as indicated
by the most recently available data; divided by
"(ii) the aggregate population of the territories of the
United States, as indicated by such data.
Territories, U.S. "(3) The Secretary shall reserve for the territories of the United
S t a t ^ 1.5 percent of the amounts appropriated pursuant to section
1911 for allotments under this subpart for the fiscal year
involved.
Hawaii. "(dXD Of the amount allotted to the State of Hawaii under this
section, an amount equal to the proportion of Native Hawaiiems
residing in the State of Hawaii to the total population of the
State of Hawaii shall be avsdlable under this section only for
Native Hawaiians.
Contracts. "(2) The amount made available under paragraph (1) may be
expended only through contracts entered into by the State of Hawaii
with public and private nonprofit organizations to enable such
organizations to plan, conduct, and administer comprehensive sub-
stsmce abuse and treatment programs for the benefit of Native
Hawaiians. In entering into contracts under this subsection, the
State of Hawaii shall give preference to Native Hawaiian organiza-
tions and Native Hawaiian health centers.
"(3) For the purposes of this subsection, the terms 'Native Hawai-
ian', 'Native Hawaiian organization', and 'Native Hawaiian health
center* have the meaning given such terms in section 2308 of
subtitle D of title II of the Anti-Drug Abuse Act of 1988.".
(c) TRANSITION RULES FOR STATES.—Section 1912A of the Public
Health Service Act, as added by subsection (a) of this section and
amended by subsection 0>) of such section, is amended by adding at
the end the following new subsections:
"(eXD For fiscal years 1989 through 1992, if the amount available
for allotment from appropriations under section 1911 does not
exceed the amount applicable under subsection (f) for the fiscal year
involved, the amount of the allotment under this subpart for the
State for such fiscal year shall be the product of—
"(A) the amount appropriated under section 1911 for such
fiscal year; and
"(B) a percentage equal to the quotient of—
"(i) an amount equal to the amount of the allotment
under this part for the State for fiscal year 1984; divided by
"(ii) an amount equal to the amount appropriated for
allotments under this part for fiscal year 1984.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4197
"(2) For the fiscal years referred to in paragraph (1), if the amount
available for allotment from appropriations under section 1911 ex-
ceeds the amount applicable under subsection (f) for the fiscal year
involved—
"(A) the amount of such excess shall be allotted in accordance
with subsection (a), except that the amount referred to in
subsection (aX2XA) shall be deemed to be an amount equal to
the amount of such excess for the fiscal year involved; and
"(B) the amount equal to or less than such applicable amount
shall be allotted in accordance with paragraph (1).
"(f) For purposes of subsection (e)—
"(1) the applicable amount for fiscal year 1989 is $330,000,000;
"(2) the applicable amount for fiscal year 1990 is $250,000,000;
"(3) the applicable amount for fiscal year 1991 is $200,000,000;
and
"(4) the applicable amount for fiscal year 1992 is $100,000,000.
"(gXl)(A) For purposes of this subpart, the term 'State' means,
except as provided in subparagraph (B), each of the several States,
the District of Columbia, and each of the territories of the United
States.
"(B) For purposes of subsections (a), (b), (e), and (f), the term 'State'
means each of the several States and the District of Columbia.
"(2) The term 'territories of the United States' means each of the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and any other territory or
possession of the United States.
"(h) Effective October 1, 1992, this subsection and subsections (e) Effective date.
and (f) are repealed.".
(d) TECHNICAL AND CONFORMING AMENDMENTS.—Section 1913 of
the Public Health Service Act is amended— 42 use 300x-ib.
(1) by striking paragraphs (1) through (3) of subsection (a);
(2) in subsection (a), as amended by paragraph (1) of this
subsection, by striking the paragraph designation; and
(3) in the section heading, by inserting before "ALLOTMENTS"
the following: "CERTAIN PROVISIONS WITH RESPECT TO".
(e) PAYMENTS.—Section 1914(aX2) of the Public Health Service Act
(42 U.S.C. 300x-2(aX2)) is amended to read as follows:
"(2) Any amounts paid to a State under this section, obligated by
the State, and remaining unexpended at the end of the fiscal year
for which the amounts were paid shall remain available during the
succeeding fiscal year to the State for carr3dng out this subpart.".
SEC. 2023. SET-ASIDE FOR FISCAL YEAR 1989 FOR TREATMENT FOR
SUBSTANCE ABUSE.
Section 1912A of the Public Health Service Act, as added by
section 2022, is amended by adding at the end the following new
subsection:
"(iXD For fiscal year 1989, the Secretary may not make pa)maents 42 use 300x-ia.
to a State from amounts appropriated in the Anti-Drug Abuse Act of
1988 for allotments under this subpart unless the State agrees
that—
"(A) such pajonents will be expended only for the purpose of
canying out programs for substance abuse; and
"(B) in canying out such programs, the State will expend not
less than 50 percent of such payments to carry out the programs
102 STAT. 4198 PUBLIC LAW 100-690—NOV. 18, 1988
of treatment for intravenous drug abuse described in section
1915(c).
"(2) The Secretary may, upon the request of a State, waive all or
part of the requirement established in paragraph (IXB) for the State
if the Secretary determines that the incidence of intravenous drug
abuse in the State does not require the level of funding required in
such paragraph. The Secretary shall act upon a request for such a
waiver not later than 120 days after the date on which the request is
made. The Secretary may approve such a request only after provid-
ing interested persons in the State an opportunity to comment upon
the request.".
SEC. 2024. CONSTRUCTION OF SUBSTANCE ABUSE FACILITIES.
Section 1915(b) of the Public Health Service Act (42 U.S.C.
300x-3(b)) is amended by amending the matter after and below para-
graph (5) to read as follows:
The Secretary may, with respect to funds available under this
subpart for programs relating to substance abuse, grant a waiver to
a State to use such amounts for the construction of a new facility or
rehabilitation of a existing facility, but not for land acquisition. The
Secretary may approve a waiver only if the State demonstrates to
the Secretary that adequate treatment cannot be provided through
the use of existing facilities and that alternative facilities in existing
suitable buildings are not available. In granting such a waiver, the
Secretary shall allow the use of a specified amount of funds to
construct or rehabilitate a specified number of beds for residential
treatment and a specified number of slots for outpatient treatment,
based on reasonable estimates by the State of the costs of construc-
tion or rehabilitation. In considering waiver applications, the Sec-
retary shall ensure that the State has carefully designed a program
that will minimize the costs of additional beds. The Secretary may
grant a waiver only if the State agrees, with respect to the costs to
be incurred by the State in carrying out the purpose of the waiver,
to make available non-Federal contributions in cash toward such
costs in an amount equal to not less than $1 for each $1 of Federal
funds provided under section 1914. The Secretary shall act upon a
request for such a waiver not later than 120 days after the date on
which the request is made.".
SEC. 2025. PREVENTION AND TREATMENT WITH RESPECT TO INTRA-
VENOUS DRUG ABUSE.
Section 1915(c) of the Public Health Service Act (42 U.S.C. 300x-
3(c)) is amended to read as follows:
"(c)(1) Amounts paid to a State under section 1914 may be used by
the State—
"(A) to develop, implement, and operate programs of treat-
ment for intravenous drug abuse, with priority given to pro-
grams to treat individuals infected with the etiologic agent for
acquired immune deficiency syndrome;
"(B) to train drug abuse counselors, and other health care
providers, to provide such treatment; and
"(C) with respect to individuals in need of treatment for drug
abuse, to carry out outreach activities for the purpose of
encouraging such individuals to undergo such treatment.
"(2) A State may not use amounts under this subpart pursuant to
this subsection unless the State involved agrees that such payments
will not be expended—
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4199
"(A) to carry out any program of distributing sterile needles
for the hjTKxiermic injection of any illegal drug or distributing
bleach for the purpose of cleansing needles for such h)T)odermic
injection; and
"(B) to carry out any testing for the etiologic agent for
acquired immune deficiency syndrome unless such testing is
accompanied by appropriate pre-test counseling and appro-
priate post-test counseling.".
SEC. 2026. LIMITATION ON ADMINISTRATIVE EXPENSES.
Section 1915(d) of the Public Health Service Act (42 U.S.C. 300x-
3(d)) is amended by striking "10 percent" and inserting "5 percent".
SEC. 2027. NEW MENTAL HEALTH SERVICES AND PROGRAMS.
Section 1916(cX2) of the Public Health Service Act (42 U.S.C. 300x-
4(c)(2)) is amended to read as follows:
"(2)(A) Of the amounts allotted to a State for mental health
activities under this part for fiscal year 1991, the State agrees to
use not less than 55 percent to develop and provide community
mental health services and programs not available on Octo-
ber 1, 1988, and, with respect to each such service provided
pursuant to this paragraph, to provide funds for each service
only for a limited period of time (as determined by the State),
except that funds expended under this part for new services
developed between October 1,1984, and October 1,1988, may be
treated as a new service under this paragraph.
"(B) A State may request a waiver from the Secretary reduc-
ing the new service requirement established in subparagraph
(A) to not less than 35 percent by 1991, increased to 55 percent
by 1994, according to a schedule approved by the Secretary, if—
"(i)(I) a public hearing is held in the State on the advis-
ability of proceeding with a waiver prior to the submission
of a waiver; and
"(II) the mental health planning council in the State
approves such waiver request; and
(iiXD the State is judged by the Secretary to be in a Regulations.
financial crisis, based on objective standards established in
regulations promulgated by the Secretary (such standards
may include a large drop in State revenues as a result of
changes in economic conditions);
"(II) more than 15 percent of the State's total community
mental health budget is derived from Federal grants under
this part and the Secretary determines that it is not fea-
sible for the State to meet the 55 percent stendard without
substantial and damaging reductions in existing, high
priority services; or
"(III) the Secretary determines that a State has dem-
onstrated substantial ongoing development of new, innova-
tive services for priority populations and that any shift in
funding percentages will only disrupt this process and will
substantially disrupt services in place.".
SEC. 2028. INDEPENDENT PEER REVIEW AND MANNER OF COMPLIANCE.
Section 1916 of the Public Health Service Act (42 U.S.C. 300x-4) is
amended:
(1) in paragraph (5), by amending such paragraph to read as
follows:
102 STAT. 4200 PUBLIC LAW 100-690—NOV. 18, 1988
"(5) the State will provide for periodic independent peer
review to assess the quality and appropriateness of treatment
services provided by entities that receive funds from the State
pursuant to this subpart."; and
(2) by striking the matter after and below paragraph (15).
SEC. 2029. INTRASTATE ALLOCATIONS.
Section 1916(c)(6) of the Public Health Service Act (42 U.S.C. 300x-
4(c)(6)) is amended—
(1) in subparagraph (A)(ii)—
(A) by striking "Act and" after "Health Systems" and
inserting "Act,"; and
/ (B) by inserting before the period the following: ", in
/ _ fiscal year 1988 under part C of this title (as in effect on
September 30, 1988), and in fiscal year 1989 under appro-
priations made in the Anti-Drug Abuse Act to carry out this
part"; and
(2) in subparagraph (B), by striking "75 percent" and insert-
ing "90 percent".
SEC. 2030. SET-ASIDE FOR SERVICES FOR INTRAVENOUS DRUG ABUSE.
Section 1916(cX7)(B) of the Public Health Service Act (42 U.S.C.
300x-4(c)(7)(B)) is amended by inserting after and below subpara-
graph (B) the following:
For fiscal year 1990 and subsequent fiscal years, the State agrees
that, of the amounts reserved by the State to carry out subpara-
graph (B), the State will use not less than 50 percent to provide
services described in section 1915(c).".
SEC. 2031. MAINTENANCE OF EFFORT.
Section 1916(c)(ll) of the Public Health Service Act (42 U.S.C.
300x-4(c)(ll)) is amended to read as follows:
"(11)(A) The State agrees that the State will maintain State
expenditures for services provided pursuant to this subpart at a
level equal to not less than the average level of such expendi-
tures maintained by the State for the 2-year period preceding
the fiscal year for which the State is appljdng to receive pay-
ments under section 1914.
"(B) The Secretary may, upon the request of a State, waive
the requirement established in subparagraph (A) if the Sec-
retary determines that extraordinary economic conditions in
the State justify the waiver.".
SEC. 2032. SET-ASIDE FOR WOMEN AND CHILDREN.
Section 1916(cX14) of the Public Health Service Act (42 U.S.C.
300x-4(cX14)) is amended to read as follows:
"(14) Of the amount allotted to a State under this part in any
fiscal year, the State agrees to use not less than 10 percent for
progranis and services designed for women (especially pregnant
women and women with dependent children) and demonstra-
tion projects for the provision of residential treatment services
to pregnant women.".
SEC. 2033. SET-ASIDE FOR MENTAL HEALTH SERVICES FOR CHILDREN.
Section 1916(cX15) of the Public Health Service Act (42 U.S.C.
300x-4(cX15)) is amended to read as follows:
"(15) Of the amounts allotted in any fiscal year for mental
health services under this subpart, the State agrees—
•- v ^ l ^ - V «-••
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4201
"(A) to use not less than 10 percent to provide services
and programs for seriously emotionally disturbed children
and adolescents; and
"(B) to use, by the end of fiscal year 1990, not less than 50
percent of the amount reserved by the State pursuant to
subparagraph (A) to provide new or expanded services and
programs that were not available prior to October 1,1988".
SEC. 2034. CERTAIN REQUIRED AGREEMENTS.
Section 1916(c) of the Public Health Service Act (42 U.S.C. 300x-
4(c)) is amended by adding after paragraph (15) the following new
paragraphs:
"(16) The State agrees that the State will, with respect to state and local
programs of treatment for intravenous drug abuse, require that governments.
any such program receiving funds pursuant to this part, upon
reaching 90 percent of its capacity to admit individuals to the
program, provide to the State a notification of such fact.
"(17) The State agrees that the State will, with respect to
notifications under paragraph (16), ensure that, to the maxi-
mum extent practicable, each individual who requests and is in
need of treatment for intravenous drug abuse is admitted to a
program described in such paragraph within 7 days after
making the request.
"(18) The State agrees that the State will require any pro-
gram receiving funds pursuant to this part to carry out out-
reach activities described in 1915(c)(1)(C).
"(19) The State agrees that, in carr5dng out this subpart with
respect to substance abuse, pajnnents under section 1914 will be
targeted to communities with the highest prevalence of sub-
stance abuse or the greatest need for treatment services with
respect to such abuse, as determined by the State after consider-
ation of—
"(A) the demand for such services or a need for such
services that exceeds the capacity to provide such services;
"(B) a high prevalence of drug-related criminal activities;
and
"(C) a high incidence of communicable diseases transmit-
ted through intravenous drug abuse.
"(20) The State agrees that the State will provide to the
Secretary any data required by the Secretary pursuant to sec-
tion 509D and will cooperate with the Secretary in the develop-
ment of uniform criteria for the collection of data pursuant to
such section.
"(21) The State agrees to devise and make available at such
times as the Secretary may request, a plan that describes how
the State can provide services to all individuals seeking treat-
ment services if sufficient resources are available and an esti-
mate of the financial and personnel resources necessary to
provide such treatment.".
SEC. 2035. REQUIREMENT OF ESTABLISHMENT OF MENTAL HEALTH
SERVICES PLANNING COUNCIL.
(a) IN GENERAL.—Section 1916(f) of the Public Health Service Act
(42 U.S.C. 300x-4(f)) is amended to read as follows:
"(fKD The State agrees to establish and maintain a State mental
health planning council in accordance with this subsection.
"(2) The duties of the Council will be—
102 STAT. 4202 PUBLIC LAW 100-690-NOV. 18, 1988
"(A) to serve as an advocate for chronically mentally ill
individuals, severely emotionally disturbed children and youth,
and other individuals with mental illnesses or emotional prob-
lems; and
"(B) to monitor, review, and evaluate, not less than once each
year, the allocation and adequacy of mentail health services
within the State.
"(3) The Council will be composed of residents of the State,
including representatives of—•
"(i) the principal State agencies with respect to—
"(I) mental health, education, vocational rehabilitation,
criminal justice, housing, and social services; and
"(II) the development of the plan submitted pursuant to
title XIX of the Social Security Act;
"(ii) public and private entities concerned with the need,
planning, operation, funding, and use of mental health services
and related support services;
"(iii) chronically mentally ill individuals who are receiving (or
have received) mental health services; and
"(iv) the families of such individuals.
"(4) Not less than 50 percent of the members of the CJouncil will be
individuals who are not State employees or providers of mental
health services.
"(5) The Council may assist the State in the preparation of the
description of intended expenditures required in section 1925.".
(b) CONFORMING AMENDMENT.—Section 1916 of the Public Health
Service Act (42 U.S.C. 300x-4) is amended—
(1) by striking subsection (e); and
(2) by redesignating subsections (f) through (h) as subsections
(e) through (g), respectively.
SEC. 2036. GROUP HOMES FOR RECOVERING SUBSTANCE ABUSERS.
Subpart I of part B of title XIX of the Public Health Service Act
(42 U.S.C. 300x) is amended by inserting after section 1916 the
following new section:
"GROUP HOMES FOR RECOVERING SUBSTANCE ABUSERS
42 use 300x-4a. "SEC. 1916A. (a) For fiscal year 1989, the Secretary may not make
payments under section 1914 unless the State involved agrees—
Loans. "(1) to establish, directly or through the provision of a grant
or contract to a nonprofit private entity, a revolving fund to
make loans for the costs of establishing programs for the provi-
sion of housing in which individuals recovering from alcohol or
drug abuse may reside in groups of not less than 4 individuals;
"(2) to ensure that the programs are carried out in accordance
with guidelines issued under subsection (c);
"(3) to ensure that not less than $100,000 will be available for
the revolving fund;
"(4) to ensure that each loan made from the revolving fund
does not exceed $4000 and that each such loan is repaid to the
revolving fund not later than 2 years after the date on which
the loan is made;
"(5) to ensure that each such loan is repaid through monthly
installments and that a reasonable penalty is assessed for each
failure to pay such periodic installments by the date specified in
the loan agreement involved; and
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4203
"(6) to ensure that such loans are made only to nonprofit
private entities agreeing that, in the operation of the program
established pursuant to the loan—
"(A) the use of alcohol or any illegal drug in the housing
provided by the program will be prohibited;
"(B) any resident of the housing who violates such
prohibition will be expelled from the housing;
"(C) the costs of the housing, including fees for rent and
utilities, will be paid by the residents of the housing; and
"(D) the residents of the housing will, through a majority
vote of the residents, otherwise establish policies governing
residence in the housing, including the manner in which
applications for residence in the housing are approved.
"(b) For fiscal year 1990 and subsequent fiscal years, the Secretary
may not make pa5nnents under section 1914 unless the State in-
volved provides assurances satisfactory to the Secretary that the
State has provided for the establishment and ongoing operation of a
revolving fund in accordance with subsection (a).
"(c) Not later than 90 days after the date of the enactment of the
Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health
Amendments Act of 1988, the Secretary, acting through the
Administrator, shall issue guidelines for the operation of programs
described in subsection (a).".
SEC. 2037. REPORT AND AUDITS.
(a) REPORTING BY STATES.—
(1) Section 1917(a) of the Public Health Service Act (42 U.S.C.
300x-5(a)) is amended—
(A) by striking "(1)" after "(a)";
(B) by striking paragraph (2); and
(C) by striking "(14) and (15)" and inserting "(2), (14), and
(15)".
(2) Section 1916(f) of the Public Health Service Act, as redesig-
nated by section 2035(b) of this Act, is amended by striking "(14) 42 use 300x-4.
and (15)" and inserting "(2), (14), and (15)".
(b) REPORT BY SECRETARY.—Section 1917(b)(6) of the Public Health
Service Act (42 U.S.C. 300x-503X6)) is amended by striking "1986"
and inserting "1990".
SEC. 2038. TECHNICAL ASSISTANCE.
Title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.)
is amended—
(1) by striking part C; 42 use SOOy—
(2) by redesignating section 1920A as section 1921; 300y-2.
(3) by redesignating sections 1920B through 1920E as sections ^| [J|g ^^^^"^•
1924 through 1927, respectively; 300x-i0—
(4) in section 1924 (as so redesignated), by striking "section 300x-l3.
1920C" each place it appears and inserting "section 1925"; 42 use 300x-l0.
(5) in section 1926 (as so redesignated), by striking "section 42 use 300x-i2.
1920C" each place it appears and inserting "section 1925"; and
(6) by amending section 1921 (as so redesignated) to read as
follows:
"TECHNICAL ASSISTANCE
"SEC. 1921. The Secretary shall, without charge to a State receiving 42 use 300x-9.
pajm[ients under this subpart, provide to the State (or to any public
102 STAT. 4204 PUBLIC LAW 100-690—NOV. 18, 1988
or nonprofit private entity designated by the State) technical assist-
ance with respect to the planning, development, and operation of
any program or service carried out pursuant to this subpart. The
Secretary may provide such technical assistance directly, through
contract, or through grants.".
SEC. 2039. SERVICE RESEARCH ON COMMUNITY-BASED ALCOHOL AND
DRUG ABUSE TREATMENT PROGRAMS.
(a) IN GENERAL.—Part B of title XIX of the Public Health Service
Act (42 U.S.C. 300x et seq.), as amended by section 2038 of this Act,
is further amended by adding after section 1921 the following new
section:
" S E R V I C E RESEARCH ON COMMUNITY-BASED ALCOHOL AND DRUG ABUSE
TREATMENT PROGRAMS
Contracts. "SEC. 1922. The Secretary, acting through the Director of the
?9^T?Gr Qnn Q National Institute on Alcohol Abuse and Alcoholism and the Direc-
4^ ubc duux-ya. ^Qj. Qf ^jjg National Institute on Drug Abuse, shall evaluate alcohol
and drug abuse treatment programs to determine the quality and
appropriateness of various forms of treatment, including the effect
of living in housing provided by programs established pursuant to
section 1916A. Such programs shall be carried out through grants,
contracts, or cooperative agreements provided to public and non-
profit private entities. In carrjdng out this section, the Secretary
shall assess the quality, appropriateness, and costs of various treat-
ment forms for specific patient groups.".
42 use 300x-9a (b) REQUIREMENT OP PLAN.—Not later than 6 months after the
note- date of the enactment of the Comprehensive Alcohol Abuse, Drug
Abuse, and Mental Health Amendments Act of 1988, the Secretary
of Health and Humeui Services shall submit to the Committee on
Energy and Commerce of the House of Representatives, and to the
Committee on Labor and Human Resources of the Senate, a plan for
the program to be established under section 1922 of the Public
Health Service Act, as added by subsection (a) of this section.
SEC. 2040. SERVICE RESEARCH OF COMMUNITY-BASED MENTAL HEALTH
TREATMENT PROGRAMS.
Part B of title XIX of the Public Health Service Act (42 U.S.C.
300x et seq.), as amended by section 2039 of this Act, is further
amended by adding after section 1922 the following new section:
" S E R V I C E RESEARCH O N COMMUNITY-BASED MENTAL HEALTH
TREATMENT PROGRAMS
42 use 300x-9b. "SEC. 1923. (aXD The Secretary, acting through the Director of the
National Institute of Mental Health, shedl develop and maintain an
ongoing program of research on community mental health programs
and services. Such program shall include an evaluation of—
"(A) the most effective methods of providing community-based
prevention, treatment, and rehabilitation services for the men-
tally ill; and
"(B) the quality, appropriateness, and costs of different meth-
ods of treatment utilized in such programs with respect to
diagnoses of mental illness for which such programs provided
treatment.
"(2) Research and evaluations required in paragraph (1) may be
carried out through grants, contracts, or cooperative agreements.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4205
"(b) The Director of the National Institute of Mental Health may,
to the extent practicable, establish research centers to carry out the
evaluations required in subsection (aXD- Such research centers shall
establish and maintain liaisons with community mental health
sjrstems that provide services to the mentally ill.
"(cXl) The Administrator shall develop and make available, from
time to time, a model plan for a community-based system of care for
chronically mentally ill individuals. Such plan shall be developed in
consultation with State mental health directors, providers of mental
health services, chronically mentally ill individuals, advocates for
such individuals, and other interested parties.
"(2) The Administrator, in cooperation with members of the insur- insurance.
ance industry, other members of the business community, and the
Director of the Office of Personnel Management, shall develop a
model insurance plan for consideration for adoption by such Direc-
tor and the Congress. In developing such a plan, the Secretary shall
consider the costs and benefits of alternative designs.".
SEC. 2041. STATE COMPREHENSIVE MENTAL HEALTH SERVICE PLAN.
(a) ADMINISTRATIVE EXPENSES.—Section 1925(d) of the Public
Health Service Act, as redesignated by section 2038, is amended to 42 use 300x-ii.
read as follows:
"(d) The amount referred to in subsections (a), (b), and (c) with
respect to a State is the total amount that the State is permitted to
expend for administrative expenses under section 1915(d) for fiscal
year 1986 from amounts paid to the State under subpart 1 for such
fiscal year. If in the judgment of the Secretary the State is making a
good faith effort to comply with this subpart, the Secretary may
assess the State a penalty that is less than the maximum penalty,
but in no event shall the penalty be less than 2 percent of the
amount the State is permitted to expend for administrative
expenses.".
(b) REPORT.—Not later than September 30, 1990, the Comptroller 42 use 300x-ii
General of the United States shall prepare and submit to the "°*®-
Committee on Energy and Commerce of the House of Representa-
tives and the Committee on Labor and Human Resources of the
Senate, a report that—
(1) evaluates the status of the implementation of section
1925 of the Public Health Service Act (as redesignated by section
2038) requiring State Mental Health Services Plans; and
(2) includes an assessment of—
(A) the number of States that have submitted such plans;
(B) the number of States that have implemented the
plans submitted by such States;
(C) the efficacy of the plans that have been implemented
in achieving effective, organized community-based systems
of care for seriously mentally ill individuals; and
(D) recommendations on additional legislation that is
necessary to facilitate the achievement of the goals of this
title.
102 STAT. 4206 PUBLIC LAW 100-690—NOV. 18, 1988
CHAPTER II—REVISION AND EXTENSION OF
CERTAIN PROGRAMS OF ALCOHOL, DRUG
ABUSE, AND MENTAL HEALTH ADMINISTRA-
TION
SEC. 2051. OFFICE FOR SUBSTANCE ABUSE PREVENTION.
(a) FUNDING.—Section 508(d) of the Public Health Service Act (42
U.S.C. 290aa-6(d)) is amended to read as follows:
Appropriation "(dXD For the purpose of carrying out this section and sections
authorization. gQg^ gQg^^ ^ j gQgy ^jjere are authorized to be appropriated
$95,000,000 for fiscal year 1989 and such sums as may be necessary
for each of the fiscal years 1990 and 1991.
"(2) Of the amounts appropriated pursuant to paragraph (1) for a
fiscal year, the Secretary shall make available not less than
$5,000,000 to carry out paragraphs (5) and (11) of subsection (b).".
flj) REVISION OF CERTAIN AUTHORITIES.—Section 508Cb) of the
Public Health Service Act (42 U.S.C. 290aa-603)) is amended—
(1) by amending paragraph (5) to read as follows:
"(5) support clinical training programs for substance abuse
counselors and other health professionals involved in drug
abuse education, prevention, and intervention;"; and
(2XA) by striking "and" at the end of paragraph (8);
(B) by striking the period at the end and inserting a semi-
colon; and
(C) by adding at the end the following new paragraph:
"(lOXA) provide assistance to communities to develop com-
prehensive long-term strategies for the prevention of substance
abuse; and
"(B) evaluate the success of different community approaches
toward the prevention of substance abuse; and".
(c) TRAINING OF PERSONNEL TO TREAT SUBSTANCE ABUSE.—Section
5080)) of the Public Health Service Act (42 U.S.C. 290aa-6(b)), as
amended by subsection 0)) of this section, is further amended by
adding at the end the following new paragraph:
"(11) through schools of health professions, schools of allied
health professions, schools of nursing, and schools of social
work, carry out programs—
"(A) to train individuals in the diagnosis and treatment of
alcohol and drug abuse; and
"(B) to develop appropriate curricula and materials for
the training described in subparagraph (a).".
(d) HIGH RISK YOUTH.—Section 509A of the Public Health Service
Act (42 U.S.C. 290aa-8a))) is amended—
(1) in subsection (b), by adding at the end the following new
paragraph:
"(5) In ma^ng grants under this section, the Secretary shall give
priority to applications that employ research designs adequate for
evaluating the effectiveness of the program."; and
(2) in subsection (f)—
(A) in paragraph (8), by striking "or";
(6) by amending paragraph (9) to read as follows:
"(9) has experienced long-term phjrsical pain due to injury;
or"; and
(C) by adding at the end the following new paragraph:
"(10) has experienced chronic failure in school.".
,i'- ' .'•^-^S.-.-
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4207
SEC. 2052. REQUIREMENT OF ANNUAL COLLECTION BY SECRETARY OF
CERTAIN DATA WITH RESPECT TO MENTAL ILLNESS AND
SUBSTANCE ABUSE.
(a) IN GENERAL.—Part A of title V of the Public Health Service
Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the
following new section:
"DATA COLLECTION
"SEC. 509D. (a) The Secretary, acting through the Administrator, 42 USC
shall collect data each year on— 290aa-ll.
"(1) the national incidence and prevalence of the various
forms of mental illness and substance abuse; and
"(2) the incidence and prevalence of such various forms in
major metropolitan areas selected by the Administrator.
"(b) With respect to the activities of the Administrator under
subsection (a) relating to mental health, the Administrator shall
ensure that such activities include, at a minimum, the collection of
data on—
"(1) the number and variety of public and nonprofit private
treatment programs;
"(2) the number and demographic characteristics of individ-
uals receiving treatment through such programs;
"(3) the type of care received by such individuals; and
"(4) such other data as may be appropriate.
"(c)(1) With respect to the activities of the Administrator under
subsection (a) relating to substance abuse, the Administrator shall
ensure that such activities include, at a minimum, the collection of
data on—
"(A) the number of individuals admitted to the emergency
rooms of hospitals as a result of the abuse of alcohol and other
drugs;
"(B) the number of deaths occurring as a result of substance
abuse, as indicated in reports by coroners;
"(C) the number and variety of public and private nonprofit
treatment programs, including the number and type of patient
slots available;
"(D) the number of individuals seeking treatment through
such programs, the number and demographic characteristics of
individuals receiving such treatment, the percentage of individ-
uals who complete such programs, and, with respect to individ-
uals receiving such treatment, the length of time between an
individual's request for treatment and the commencement of
treatment;
"(E) the number of such individuals who return for treatment
after the completion of a prior treatment in such programs and
the method of treatment utilized during the prior treatment;
"(F) the number of individuals receiving public assistance for
such treatment programs;
"(G) the costs of the different types of treatment modalities
for drug and alcohol abuse and the aggregate relative costs of
each such treatment modality provided within a State in each
fiscal year;
"(H) to the extent of available information, the number of
individuals receiving treatment for alcohol or drug abuse who
have private insurance coverage for the costs of such treatment;
102 STAT. 4208 PUBLIC LAW 100-690—NOV. 18, 1988
"(I) the extent of alcohol and drug abuse among high school
students and among the general population; and
"(J) the number of alcohol and drug abuse counselors and
other substance abuse treatment personnel employed in public
and private treatment facilities.
"(2) Annual surveys shall be carried out in the collection of data
under this section. Summaries and analyses of the data collected
shall be made available to the public.
"(d) After consultation with the States and with appropriate
national organizations, the Administrator shall develop uniform
criteria for the collection of data, using the best available tech-
nology, pursuant to this section.".
(b) CONFORMING AMENDMENT.—Section 1917 of the Public Health
Service Act (42 U.S.C. 300x-5) is amended by striking subsection (d).
SEC. 2053. REDUCTION OF WAITING PERIOD FOR DRUG ABUSE TREAT-
MENT.
Part A of title V of the Public Health Service Act (42 U.S.C. 290aa
et seq.), as amended by section 2052 of this chapter, is further
amended by adding at the end the following new section:
"REDUCTION OF WAITING PERIOD FOR DRUG ABUSE TREATMENT
Grants. "SEC. 509E. (a) The Secretary, acting through the Administrator,
290aa-i2 ^ ^ ^ make grants to public and nonprofit private entities for the
purpose of reducing the waiting list of public and nonprofit private
programs providing treatment services for drug abuse.
"(b) The Secretary may not make a grant under subsection (a)
unless the applicant for the grant—
"(1) is experienced in the delivery of treatment services for
drug abuse;
"(2) is, on the date the application is submitted, successfully
carrjdng out a program for the delivery of such services ap-
proved by the State;
"(3) as a result of the number of requests for admission into
the program, is unable to admit any individual into the program
any earlier than one month after the date on which the individ-
ual makes a request for such admission; and
"(4) provides assurances satisfactory to the Secretary that,
after funding is no longer available under this section, the
applicant will have access to financial resources sufficient to
continue the program.
"(c) The Secretary may not make a grant under subsection (a)
unless the applicsuit for the grant agrees that the payments will not
be expended—
"(1) to provide inpatient hospital services;
"(2) to make cash pajnnents to intended recipients of services
under the program involved;
"(3) to purchase or improve real property (other than minor
remodeling of existing improvements to real property) or to
purchase major medicsd equipment;
"(4) to satisfy any requirement for the expenditure of non-
Federal funds as a condition for the receipt of Federal funds; or
"(5) to provide financial assistance to any entity other than a
public or nonprofit private entity.
"(d) The Secretary may not make more than one grant under
subsection (a) for any program of treatment services for drug abuse.
•i-*-"t; '*•«' .se^^Sfe?*!^!-**''
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4209
"(e) The Secretary may not meike a grant under subsection (a)
unless—
"(1) an application for the grant is submitted to the Secretary;
"(2) with respect to carrying out the purpose for which the
grant is to be made, the application provides assurances of
compliance satisfactory to the Secretary; and
"(3) the application otherwise is in such form, is made in such
manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to
carry out this section.
"(fXD For the purpose of carrsdng out this section, there is au- Appropriation
thorized to be appropriated $100,000,000. authorization.
"(2) Amounts made available pursuant to paragraph (1) shall
remain available until expended.
"(3) No grant may be made under this section after the aggregate
amounts obligated by the Secretary pursuant to this section are
equal to $100,000,000.".
SEC. 2054. MODEL PROJECTS FOR PREGNANT WOMEN.
Part A of title V of the Public Health Service Act (42 U.S.C. 290aa
et seq.), as amended by section 2053 of this chapter, is further
amended by adding at the end the following new section:
MODEL PROJECTS FOR PREGNANT AND POST PARTUM WOMEN AND
THEIR INFANTS
"SEC. 509F. (a) The Secretary, acting through the Director of the Grants.
Office, shall make grants to establish projects for prevention, edu- 42 use
cation, and treatment regarding drug and alcohol abuse relating to 290aa-13.
pregnant and post partum women and their infants.
"(b) In making grants under subsection (a), the Director of the
Office shall give priority to projects—
"(1) for low-income women and their infants; and
"(2) designed to develop innovative approaches to prevention,
education, and treatment regarding the use of the drugs with
respect to which there exists insufficient information (including
cocaine and the cocaine derivative known as crack).
"(c) In making grants under subsection (a) for projects that pro-
vide treatment, the Director of the Office shall ensure that grants
are reasonably distributed among projects that provide inpatient,
outpatient, and residential treatment.
"(d) The Director of the Office may not make a grant under
subsection (a) unless—
"(1) an application for the grant is submitted to the Secretary;
"(2) with respect to carr3dng out the purpose for which the
grant is to be made, the application provides assurances of
compliance satisfactory to the Secretary; and
"(3) the application otherwise is in such form, is made in such
manner, and contains such agreements, assurances, and
information as the Director of the Office determines to be
necessary to carry out this section.
"(e) The Director of the Office shall evaluate projects conducted
with grants under this section.".
102 STAT. 4210 PUBLIC LAW 100-690—NOV. 18, 1988
SEC. 2055. DRUG ABUSE DEMONSTRATION PROJECTS OF NATIONAL
SIGNIFICANCE.
Part A of title V of the Public Health Service Act (42 U.S.C. 290aa
et seq.), as amended by section 2054 of this chapter, is further
amended by adding at the end the following new section:
" D R U G A B U S E DEMONSTRATION PROJECTS OF NATIONAL SIGNIFICANCE
Grants. "SEC. 509G. (aXD The Secretary, acting through the Adminis-
9QnYF^i^
290aa-14.
trator, may make grants to public and private entities for dem-
onstration projects—
"(A) to determine the feasibility and long-term efficacy of
programs providing drug abuse treatment and vocationsd train-
ing in exchange for public service;
(B) to conduct outreach activities to intravenous drug
abusers with respect to the prevention of exposure to, and the
transmission of, the etiologic agent for acquired immune defi-
ciency sjmdrome and to encourage intravenous drug abusers to
seek treatment for such abuse; and
"(C) to provide drug abuse treatment services to pregnant
women, post partum women, and their infants.
"(2) The Secretary shall, directly or through contracts with public
and private entities, provide for evaluations of projects carried out
pursuant to subsection (a) and for the dissemination of information
developed as result of such models.
"(b)(1) The Secretary shall establish demonstration projects that
provide grants to States for the purpose of enabling such States to
provide effective treatment, and referrals for treatment, to individ-
uals who abuse drugs.
"(2) The Secretary shall award grants under subsection (a) to
projects that operate in areas—
"(A) in which a demand for drug treatment services exists, or
a need for such services exists which exceeds the capacity of
organizations operating in that area to provide such services;
(B) that have a high prevalence of drug abuse;
"(C) that have a high incidence of drug related criminal
activities; and
"(D) that meet any other requirements that the Secretary
determines are appropriate.
"(3) In awarding grants under subsection (a), the Secretary shall—
"(A) select projects that focus on at least one of the following
areas of treatment:
"(i) treatment of adolescents;
"(ii) treatment of minorities;
"(iii) treatment of pregnant women;
"(iv) treatment of female addicts and their children; and
"(v) treatment of the residents of public housing projects;
and
"(B) select at least one project that includes a centralized local
referral unit that shall provide—
"(i) an initial analysis of the nature of the individual's
problem and refer such individual to appropriate existing
drug treatment programs; and
"(ii) assistance to school teachers and other individuals
who come into contact with drug abusers when attempt-
ing to refer such abusers to appropriate drug treatment
programs.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4211
"(4) A State that desires to participate in a project established
under subsection (a) shall submit a written application to the Sec-
retary in such form and containing such information as the Sec-
retary may by regulation request.
"(5) In awarding grants under subsection (a), the Secretary shall
give preference to projects that demonstrate a comprehensive ap-
proach to the problems associated with drug abuse and provide
evidence of broad community involvement and support, including
the support of private businesses, law enforcement authorities,
health care providers, local school systems, and local governments
in the proposed demonstration project.
"(6) Projects funded under this section shall be for a period of at
least three years but in no event to exceed five years.
"(7) The Secretary shall require, as a condition of awarding grants
under this section, a systematic evaluation of the projects funded
under this section on a long term basis to record the impact of such
projects on treated individuals, and on the community as a whole.
The methodology used in the evaluation shall be published in the Federal
Federal Register for comment before becoming effective. Register,
publication.
"(cXl) There are authorized to be appropriated to carry out this Appropriation
section $34,000,000 for fiscal year 1989, and such sums as may be authorization.
necessary for each of the fiscal years 1990 through 1991.
"(2) Of the amounts appropriated pursuant to paragraph (1) for a
fiscal year, $10,000,000 shall be made available for carrying out
subsection (a).
SEC. 2056. CERTAIN AUTHORIZATIONS OF APPROPRIATIONS.
(a) RESEARCH WITH RESPECT TO ALCOHOL ABUSE AND ALCOHOL-
ISM.—Section 513(a) of the Public Health Service Act (42 U.S.C.
290bb-2(a)) is amended by inserting before the period the following:
", and such sums as may be necessary for each of the fiscal years
1989 through 1991".
(b) RESEARCH WITH RESPECT TO DRUG ABUSE.—Section 517 of the
Public Health Service Act (42 U.S.C. 290cc-2) is amended—
(1) by striking "this subpart" and inserting "section 515"; and
(2) by inserting before the period the following: ", $135,000,000
for fiscal year 1989, and such sums as may be necessary for each
of the fiscal years 1990 and 1991".
SEC. 2057. ESTABLISHMENT OF GRANT PROGRAMS FOR RESEARCH WITH
RESPECT TO MENTAL HEALTH SERVICES.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is
amended—
(1) by amending section 504(f) to read as follows:
"(fXD The Secretary, acting through the Director, shall— Public
"(A) develop and publish information with respect to the information.
42 u s e 290aa-3.
causes of suicide and the means of preventing suicide; and
"(B) make such information generally aveiilable to the public
and to health professionals.
"(2) Information described in paragraph (1) shall especially relate
to suicide among individuals under 24 years of age.";
(2) by striking subsections (g) through (i) of section 504; and
(3) by adding at the end of part B the following new subpart:
102 STAT. 4212 PUBLIC LAW 100-690—NOV. 18, 1988
"Subpart 3—Mental Health Research
"ESTABUSHMENT OF PROGRAM FOR MENTAL HEALTH RESEARCH
Grants. "SEC. 519. The Secretary, acting through the Administrator, may
42 usc^^ make grants to, and enter into cooperative agreements and con-
290CC-11. tracts with, public and nonprofit private entities for the conduct of,
promotions of, coordination of, research, investigation, experiments,
demonstrations, and studies relative to the cause, diagnosis, treat-
ment, control, and prevention of mental illness.
"NATIONAL MENTAL HEALTH EDUCATION PROGRAM
Public "SEC. 520. The Secretary, acting through the Administrator, shall
42^TiSr*^^°"' establish a National Mental Health Education Program for the
290CC-12 purpose of—
"(1) developing improved methods of treating individuals with
mental health problems and improved methods of assisting the
families of such individuals;
"(2) supporting programs of biomedical and behavioral re-
search, training, and education with respect to the causes,
diagnosis, and treatment of mental health problems;
"(3) collecting and making available, through publication and
other appropriate methods, information on, and the practical
application of, such research and other activities;
(4) providing technical assistance to public and private enti-
ties that are providers of mental health services;
"(5) disseminating to such providers and to the public
information with respect to mental health, including informa-
tion on programs that provide financial assistance in obtaining
mental health services; and
"(6) establishing a clearinghouse in order to collect informa-
tion developed in mental health research and treatment pro-
grams and to make such information available to providers of
mental health services, to individuals with mental health prob-
lems, and to the general public.
"ESTABUSHMENT OF GRANT PROGRAM FOR DEMONSTRATION PROJECTS
42 use "SEC. 520A. (a) CHRONICALLY MENTALLY I I I INDIVIDUALS AND SERI-
290CC-13. ousLY MENTALLY DISTURBED CHILDREN.—The Secretary, acting
through the Director, may make grants to States, political subdivi-
sions of States, and nonprofit private agencies—
"(1) for mental health services demonstration projects for the
planning, coordination, and improvement of community serv-
ices (including outreach and self-help services) for chronically
mentally ill individuals, seriously emotionally disturbed chil-
dren and youth, elderly individuals, and homeless chronically
mentally ill individuals, and for the conduct of research
concerning such services;
"(2) demonstration projects for the prevention of youth
suicide;
"(3) demonstration projects for the improvement of the rec-
ognition, assessment, treatment, and clinical management of
depressive disorders; and
(5) demonstration projects for treatment and prevention
relating to sex offenses.
"Ot)j INDIVIDUALS AT RISK OF MENTAL ILLNESS.—
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4213
"(1) The Secretary, acting through the Director, may make
grants to States, political subdivisions of States, and private
nonprofit agencies for prevention services demonstration
projects for the provision of prevention services for indiidduals
who, in the determination of the Secretary, are at risk of
developing mental illness.
"(2) Demonstration projects under paragraph (1) may
include—
"(A) prevention services for populations at risk of devel-
oping mental illness, particularly displaced workers, young
children, and adolescents;
"(B) the development and dissemination of education
materials;
*''(C) the sponsoring of local, r ^ o n a l , or national work-
shops or conferences;
"(D) the conducting of training pr(^ams with respect to
the provision of mental health services to individuals de-
scribed in paragraph (1); and
"(E) the provision of technical assistance to providers of
such services.
"(c) LIMITATION ON DURATION OF GRANT.—The Secretary may
make a grant under subsection (a) or (b) for not more than three
consecutive one-year periods.
"(d) LnoTATiON ON ADMINISTRATIVE EXPENSES.—The Secretary
may not make a grant under subsection (a) or (b) to an applicant
unless the applicant agrees that not more than 10 percent of such a
grant wiU be expended for administrative expenses.
"(e) AUTHORIZATIONS OF APPROPRIATIONS.—
"(1) For the purposes of carrying out this section, there are
authorized to be appropriated $60,000,000 for each of the fiscal
years 1989 and 1990.
"(2) Of the amounts appropriated pursuant to paragraph (1),
the Secretary shall make available 15 percent for demonstra-
tion projects to carry out the purpose of this section in rural
areas.".
SEC. 2058. MISCELLANEOUS AMENDMENTS.
(a) TITLE V OF PUBUC HEALTH SERVICE ACT.—
(1) The title of title V of the Public Health Service Act (42
U.S.C. 290aa et seq.) is amended so as to read: "TITLE V—
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH PRO-
GRAMS".
(2) Section 501 of the PubKc Health Service Act (42 U.S.C.
290aa) is amended—
(A) by adding at the end of subsection (b) the following
new paragraph:
"(4) The Office of Substance Abuse Prevention.";
(B) in the first sentence of subsection (eX2)—
(i) by striking "The" and inserting the following:
"Not less than once each three years, the"; and
(ii) by striking "annually";
(C) by stnking "fraud" each place it appears in subsection
(f) and inserting "misconduct";
(D) by striking subsection (k); and
(E) by adding at the end the following new subsections:
"(k) The Administrator may accept voluntary and uncompensated
services.
102 STAT. 4214 PUBLIC LAW 100-690—NOV. 18, 1988
"(1) The Administrator may conduct and support research
training—
"(1) for which fellowship support is not provided under section
487; and
"(2) that is not residency training of physicians or other
health professionals.
Greints. "(mXD The Secretary, acting through the Administrator, may
make grants to public and nonprofit private entities for the acquisi-
tion of small instrumentation necessary for carrying out the purpose
of this title with respect to research.
"(2) The Secretary may not make a grant under paragraph (1)
unless the small instrumentation acquired pursuant to the grant
will be available for use in more than one grant under this title with
respect to research.
"(3) Grants under paragraph (1) shall be subject to technical and
scientific peer review under section 507.
"(4) A grant under paragraph (1) for a fiscal year may not exceed
$100,000.
Appropriation "(5) For the purpose of carrying out this subsection, there is
authorization. authorized to be appropriated $5,000,000 for each of the fiscal years
1989 through 1991.".
(3) Section 515(a) of the Public Health Service Act (42 U.S.C.
290cc) is amended in the matter after and below paragraph (6)
by inserting before the period the following: "(particularly with
respect to pregnant women and their children) .
(4) Section 516 of the Public Health Service Act (42 U.S.C.
290cc-l) is amended—
(A) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(B) by inserting after subsection (a) the following new
subsection:
"(b) In making grants under subsection (a), the Secretary shall
give special consideration to projects for determining the effects of
drug abuse among pregnant women and the resulting effects on the
infants of such women, including the relationship between drug
abuse during pregnancy and the birthweight of infants.".
03) SECTION 303.—Section 303(d)(1) of the Public Health Service
Act (42 U.S.C. 242a(d)(l)) is amended by inserting "marital and
family therapy," after "nursing,".
(c) ANTI-DRUG ABUSE ACT OF 1986.—Section 6005(b) of the Anti-
21 u s e 801 note. Drug Abuse Act of 1986 (Public Law 99-570) is amended by striking
"one year" and all that follows through "Act" and inserting "18
months after the execution of the contract referred to in subsection
(a),".
CHAPTER 3—REPORTS AND STUDIES
42 u s e 290aa SEC. 2071. RELATIONSHIP BETWEEN MENTAL ILLNESS AND SUBSTANCE
note. ABUSE.
(a) IN GENERAL.—The Secretary of Health and Human Services
shall conduct a study for the purpose of—
(1) determining the relationship between mental illness and
sulastance abuse; and
(2) developing recommendations on the most effective meth-
ods of treatment for individuals with both mental illness and
substance abuse problems.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4215
(b) REPORT.—Not later than 12 months after the date of the
enactment of this Act, the Secretary of Health and Human Services
shall complete the study required in subsection (a) and submit to the
Congress the findings made as a result of the study.
SEC. 2072. USE OF INVOLUNTARY COMMITMENT. 42 u s e 290CC-11
note.
(a) IN GENERAL.—The Secretary of Health and Human Services Contracts.
shall enter into a contract with an independent body of dem-
onstrated expertise in the field of health and mental health to
conduct a study of the current use of involuntary commitment for
inpatient or outpatient treatment of mental illness and make rec-
ommendations for changes, if any, that may be warranted in current
rules and practices.
(b) REPORT.—Not later than 18 months after the date on which a
contract is entered into pursuant to subsection (a), the Secretary of
Health and Human Services shall complete the study required in
subsection (a) and submit to the Congress the findings made as a
result of the study.
(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carry-
ing out subsection (a), there are authorized to be appropriated
$1,000,000 forfiscalyear 1989.
SEC. 2073. REPORT WITH RESPECT TO ADMINISTRATION OF CERTAIN 42 u s e 290aa
RESEARCH PROGRAMS. note.
(a) STUDY.—The Secretary of Health and Human Services shall
request the National Academy of Sciences to conduct a review of the
research activities of the National Institutes of Health and the
Alcohol, Drug Abuse, and Mental Health Administration. Such
review shall include—
(1) an evaluation of the appropriateness of administering
health service programs in conjunction with the administration
of biomedical and behavioral research; and
(2) a determination of any areas of duplication in the research
programs of the National Institutes of Health and the Alcohol,
Drug Abuse, and Mental Health Administration.
Ot)) REPORT.—Not later than 12 months after the date on which
any contract requested in subsection (a) is entered into, the Sec-
retary of Health and Human Services shall, to the extent prac-
ticable, provide for the completion of the review requested in such
subsection and submit to the Congress a report describing the
findings made as a result of the review.
(c) CONTRACT AUTHORITY.—The Secretary of Health and Human
Services may enter into a contract with the National Academy of
Sciences to carry out the review requested in subsection (a).
CHAPTER 4—MISCELLANEOUS
SEC. 2081. ACTION BY NATIONAL INSTITUTE ON DRUG ABUSE AND STATES
CONCERNING MILITARY FACILITIES.
(a) IN GENERAL.—Title V of the Public Health Service Act (42
U.S.C. 290aa et seq.) is amended by adding at the end the following
new part:
102 STAT. 4216 PUBLIC LAW 100-690—NOV. 18, 1988
"PART E—ALTERNATIVE UTIUZATION OF MIUTARY FACIUTIES
"ACTION BY NATIONAL INSTITUTE ON DRUG ABUSE AND STATES
CONCERNING MIUTARY FACIUTIES
42 use 290ff. "SEC. 561. (a) NATIONAL INSTITUTE ON DRUG ABUSE.—The Director
of the National Institute on Drug Abuse shall—
"(1) coordinate with the agencies represented on the Commis-
sion on Alternative Utilization of Military Facilities the utiliza-
tion of military facilities or parts thereof, as identified by such
Commission, established under the National Defense Authoriza-
tion Act of 1989, that could be utilized or renovated to house
nonviolent persons for drug treatment purposes;
"(2) notify State agencies responsible for the oversight of drug
abuse treatment entities and programs of the availability of
space at the installations identified in paragraph (1); and
"(3) assist State agencies responsible for the oversight of drug
abuse treatment entities and programs in developing methods
for adapting the installations described in paragraph (1) into
residential treatment centers.
"(b) STATES.—With regard to military facilities or parts thereof, as
identified by the Commission on Alternative Utilization of Military
Facilities established under section 3042 of the Comprehensive Alco-
hol Abuse, Drug Abuse, and Mental Health Amendments Act of
1988, that could be utilized or renovated to house nonviolent persons
for drug treatment purposes, State agencies responsible for the
oversight of drug abuse treatment entities and programs shall—
"(1) establish eligibility criteria for the treatment of individ-
uals at such facilities;
"(2) select treatment providers to provide drug abuse treat-
ment at such facilities;
"(3) provide assistance to treatment providers selected under
paragraph (2) to assist such providers in securing financing to
fund the cost of the programs at such facilities; and
"(4) establish, regulate, and coordinate with the military
official in charge of the facility, work programs for individuals
receiving treatment at such facilities.
"(c) RESERVATION OF SPACE.—Prior to notifying States of the
availability of space at military facilities under subsection (a)(2), the
Director may reserve space at such facilities to conduct research or
demonstration projects.'.
(b) FEDERAL PROPERTIES AND ADMINISTRATIVE PROCEDURES ACT.—
Section 203(jX3XB) of the Federal Property and Administrative
Procedures Act of 1979 (40 U.S.C. 4840X3XB)) is amended by insert-
ing ", drug abuse treatment centers" after "health centers".
Subtitle B—Employee Assistance Programs
29 use 566. SEC. 2101. EMPLOYEE ASSISTANCE PROGRAMS.
Grants. (a) EsTABUSHMENT,—The Secretary of Labor shall establish a
Contracts. program through which the Secretary shall provide grants to, or
enter into contracts with, employers to enable such employers to
develop employee drug and alcohol abuse assistance programs.
(b) AppucATiONS.^Employers desiring to receive a grant or con-
tract under this section shall submit to the Secretary of Labor, an
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4217
application, in such form and containing such information as the
Secretary may require.
(c) REGULATIONS.—The Secretary of Labor shall promulgate regu-
lations necessary to carry out this section.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated to carry out this section, $4,000,000 for fiscal year
1989, and $5,000,000 for each of the fiscal years 1990 and 1991.
Subtitle C—Indian Alcohol and Substance
Abuse Prevention and Treatment
SEC. 2201. AMENDMENTS TO INDIAN ALCOHOL AND SUBSTANCE ABUSE
PREVENTION AND TREATMENT ACT OF 1986.
Whenever in this subtitle a section or other provision is amended
or repealed, such amendment or repeal shall be considered to be
made to that section or other provision of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2401 et seq.).
SEC. 2202. DEFINITIONS.
Section 4204 (25 U.S.C. 2403) is amended by inserting at the end
thereof the following new paragraph:
"(6) The terms 'Urban Indian', *Urb£m Center', and 'Urban
Indian Organization' shall have the same meaning as provided
in section 4 of the Indian Health Care Improvement Act.".
SEC. 2203. AMENDMENT AND REVISION OF TRIBAL DEVELOPMENT PLAN.
Paragraph (2) of section 4206(c) (25 U.S.C. 2412(c)) is amended—
(1) by striking out "and" at the end of subparagraph (C);
(2) by striking out the period at the end of subparagraph (D)
and inserting in lieu thereof ", and"; and
(3) by adding at the end thereof the following new subpara-
graph (E):
"(E) the establishment of procedures for amendment and
revision of the plan as may be determined necessary by the
Tribal Coordinating Committee.".
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS.
Paragraph (2) of section 4206(d) (25 U.S.C. 2412(dX2)) is amended to
read as follows:
"(2) There is authorized to be appropriated not to exceed
$1,000,000 for each of the fiscal years 1989, 1990, 1991, and 1992 for
grants under this subsection.".
SEC. 2205. LEASING OF TRIBAL PROPERTY.
Section 4209 is amended— 25 use 2415.
(1) by amending the heading to read as follows:
"SEC. 4209. FEDERAL FACILITIES, PROPERTY, AND EQUIPMENT; LEASING
OF TRIBAL PROPERTY.";
(2) by adding at the end thereof the following new subsection
(0:
"(c) LEASES.—(1) The Secretary of the Interior and the Secretary of
Health and Human Services are authorized to enter into long-term
leases of tribally owned or leased facilities to house programs estab-
lished by this subtitle where they determine that there is no Federal
102 STAT. 4218 PUBLIC LAW 100-690—NOV. 18, 1988
facility reasonably available for such purpose and the cost of con-
structing a new Federal facility would exceed the cost of such
Federal lease unless they determine that mitigating factors favor
such a lease.
"(2) A tribally owned or leased facility may be leased pursuant to
this authority to house a regional treatment center to be established
pursuant to section 42270)) only if all the tribes within the Indian
Health Service area to be served by such regional treatment center
initially consent to such Federal lease.".
SEC. 2206. INDIAN EDUCATION PROGRAMS.
25 u s e 2432. Section 4212(a) is amended by striking out "1987, 1988, and 1989"
and inserting in lieu thereof "1989,1990,1991, and 1992".
SEC. 2207. EMERGENCY SHELTERS AND HALFWAY HOUSES.
Children and (a) HALF-WAY HOUSES.—Subsection (a) of section 4213 (25 U.S.C.
youth. 2433) is amended by adding at the end thereof "Half-way houses
may be used as either intake facilities or aftercare facilities for
youth admitted, or to be admitted, for long-term treatment of sub-
stance abuse. The Indian Health Service, the Bureau of Indian
Affairs, and the tribes are authorized to use their respective re-
sources to adequately staff and operate any such facility.".
03) AUTHORIZATION.—Subsection (e) of section 4213 (25 U.S.C. 2433)
is amended to read as follows:
"(e) AUTHORIZATION.—(1) For the planning and design, construc-
tion, and renovation of emergency shelters or half-way houses to
provide emergency care for Indian youth, there is authorized to be
appropriated $5,000,000 for the fiscal year 1989 and $3,000,000 for
each of the fiscal years 1990,1991, and 1992.
"(2) For the staffing and operation of emergency shelters and half-
way houses, there is authorized to be appropriated $3,000,000 for the
fiscal year 1989 and $3,000,000 for fiscal year 1990. An amount equal
to the amount of funds appropriated pursuant to this paragraph for
fiscal year 1990 shall be included in the base budget of the Bureau of
Indian Affairs and funding thereafter shall be pursuant to the Act
of November 2,1921 (25 U.S.C. 13).".
"(3) The Secretary of the Interior shall allocate funds appro-
priated pursuant to this subsection on the basis of priority of need of
the various Indian tribes and such funds, when allocated, shall be
subject to contracting pursuant to the Indian Self-Determination
Act.".
SEC. 2208. CERTAIN ILLEGAL NARCOTICS TRAFFICKING.
(a) ASSISTANCE.—The section heading and subsection (a) of section
4216 (25 U.S.C. 2442) are amended to read as follows:
"SEC. 4216. ILLEGAL NARCOTICS TRAFFIC ON THE TOHONO O'ODHAM
AND ST. REGIS RESERVATIONS; SOURCE ERADICATION.
"(a)(1) INVESTIGATION AND CONTROL.—The Secretary of the In-
terior shall provide assistance to—
Arizona. "(A) the Tohono O'odham Tribe of Arizona for the investiga-
tion and control of illegal narcotics traffic on the Tohono
O'odham Reservation along the border with Mexico, and
New York. "(B) the St. Regis Band of Mohawk Indians of New York for
the development of tribal law enforcement and judicial systems
to aid in the investigation and control of illegal narcotics traffic
on the St. Regis Reservation along the border with Canada.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4219
"(2) The Secretary shall ensure that tribal efforts under this
subsection are coordinated with appropriate Federal law enforce-
ment agencies, including the United States Custom Service.
"(3) For the purpose of providing the assistance required by this Appropriation
subsection, there are authorized to be appropriated— authorization.
"(A) $500,000 under paragraph (IXA) for each of the fiscal
years 1989,1990,1991, and 1992, and
"(B) $450,000 under paragraph (IXB) for each of the fiscal
years 1989 and 1990.".
G)) AUTHORIZATION.—Subsection (bX2) of section 4216 is amended 25 u s e 2442.
to read as follows:
"(2) AUTHORIZATION.—For the purpose of establishing the program
required by paragraph (1), there are authorized to be appropriated
$500,000 for each of the fiscal years 1989, 1990, 1991, and 1992.".
SEC. 2209. LAW ENFORCEMENT AND JUDICIAL TRAINING.
Subsection (b) of section 4218 (25 U.S.C. 2451) is amended to read
as follows:
"(b) AUTHORIZATION.—For the purpose of providing the training
required by subsection (a), there are authorized to be appropriated
$1,500,000 for each of the fiscal years 1989, 1990, 1991, and 1992.".
SEC. 2210. TREATMENT OF JUVENILE OFFENDERS.
Section 4219 (25 U.S.C. 2452) is amended—
(1) by inserting "(a)" before "The Memorandum"; and
(2) by adding at the end thereof the following new subsection
(b):
"(b) TREATMENT OF CERTAIN COMMITTED YOUTH.—The Indian Indians.
Health Service shall not refuse to provide necessary interim treat-
ment for any Indian youth referred pursuant to subsection (a) who
has been charged or is being prosecuted for any crime unless such
referral is prohibited by a court of competent jurisdiction or the
youth is determined by a court of competent jurisdiction to be a
danger to others.".
SEC. 2211. JUVENILE DETENTION CENTERS.
Subsection (b) of section 4220 (25 U.S.C. 2453) is amended to read
as follows:
"(b) AUTHORIZATION.—(1) For the purpose of constructing or ren-
ovating juvenile detention centers as provided in subsection (a),
there is authorized to be appropriated $10,000,000 for the fiscal year
1989 and $5,000,000 for each of the fiscal years 1990 and 1991.
"(2) For the purpose of staffing and operating juvenile detention
centers, there is authorized to be appropriated $5,000,000 for each of
the fiscal years 1989 and 1990. An amount equal to the amount of
funds appropriated pursuant to this paragraph for fiscal year 1990
shall be included in the base budget of the Bureau of Indian Affairs
and funding thereafter shall be pursuant to the Act of November 2,
1921 (25 U.S.C. 13).".
SEC. 2212. INDIAN HEALTH SERVICE YOUTH PROGRAM.
(a) DETOXIFICATION AND REHABILITATION.—Subsection (a) of sec-
tion 4227 (25 U.S.C. 2474) is amended by inserting "of Health and
Human Services" after the "Secretary".
(b) TREATMENT CENTERS.—Subsection (b) of section 4227 is
amended to read as follows:
102 STAT. 4220 PUBLIC LAW 100-690—NOV. 18, 1988
"(b) TREATMENT CENTERS OR FACIUTIES.—(1) The Secretary shall
construct or renovate, and appropriately staff and operate, a youth
regional treatment center in each area under the jurisdiction of an
Arizona. Indian Health Service area office. For the purposes of this subsec-
tion, the area offices of the Indian Health Service in Tucson and
Phoenix, Arizona, shall be considered one area office.
Appropriation "(2)(A) For the purpose of constructing or renovating centers or
authorization. facilities required by paragraph (1), there are authorized to be
appropriated $6,000,000 for the fiscal year 1989 and $3,000,000 for
each of the fiscal years 1990 and 1991.
Appropriation "(B) For the purpose of staffing and operating such centers or
authorization. facilities, there are authorized to be appropriated $11,000,000 for
fiscal year 1990. An amount equal to the amount of funds appro-
priated pursuant to this subparagraph for fiscal year 1990 shall be
included in the base budget of the Indian Health Service and
funding thereafter shall be pursuant to the Act of November 2,1921
(25 U.S.C. 13).".
Appropriation (c) REHABILITATION AND FOLLOW-UP SERVICES.—Paragraph (3) of
authorization. section 4227(d) is amended by striking out "there are authorized to
25 u s e 2474. be appropriated $9,000,000 for each of the fiscal years 1987, 1988,
and 1989." and inserting in lieu thereof "there are authorized to be
appropriated—
"(1) $9,000,000 for the fiscal year 1989,
"(2) $10,000,000 for the fiscal year 1990,
"(3) $12,000,000 for the fiscal year 1991, and
"(4) $13,000,000 for the fiscal year 1992.".
(d) INCLUSION OF FAMILY IN YOUTH TREATMENT PROGRAM.—Sec-
tion 4227 (25 U.S.C. 2474) is amended by adding at the end thereof
the following:
"(e) INCLUSION OF FAMILY IN YOUTH TREATMENT PROGRAM.—In
providing the treatment and other services to Indian youth au-
thorized by this section, the Secretary shall provide for the inclusion
of family members of such youth in the treatment programs or other
services as may be appropriate.".
SEC. 2213. TRAINING AND COMMUNITY EDUCATION.
(a) REPEAL OF DEMONSTRATION PROGRAM; RESULTS OF DEMONSTRA-
TION PROJECT.—Subsection (c) of section 4228 (25 U.S.C. 2475) is
amended to read as follows:
"(c) RESULTS OF DEMONSTRATION PROJECT.—In carrying out the
education and training programs required by this section, the Sec-
retary of Health and Human Services shall take into consideration,
and make available, the results of the demonstration project for
children of alcoholics that was funded by the Office of Minority
Health of the Department of Health and Human Services.".
(b) AUTHORIZATION.—Subsection (d) of section 4228 (25 U.S.C. 2475)
is amended to read as follows:
"(d) AUTHORIZATION.—There are authorized to be appropriated for
each of the fiscal years 1989,1990,1991, and 1992—
"(1) $3,000,000 to carry out the provisions of subsection (a),
and
"(2) $1,000,000 to carry out the provisions of subsection (h).".
SEC. 2214. NAVAJO ALCOHOL REHABILITATION PROGRAM.
Subsection (c) of section 4229 (25 U.S.C. 2476) is amended to read
as follows:
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4221
"(c) AUTHORIZATION.—There are authorized to be appropriated for
the purposes of grants under subsection (a) $300,000 for the fiscal
year 1989 and $200,000 for each of the fiscal years 1990, 1991, and
1992.".
SEC. 2215. URBAN INDIAN PROGRAM.
The subtitle is amended by adding at the end thereof the following
new section 4231:
"SEC. 4231. URBAN INDIAN PROGRAM. 25 USC 2478.
"(a) GRANTS.—The Secretary of Health and Human Services is
authorized to make grants for the provision of health-related serv-
ices in prevention of, treatment of, rehabilitation of, or school and
community-based education in alcohol and substance abuse in urban
centers to those urban Indian organizations with whom the Sec-
retary has entered into a contract under title V of the Indian Health
Care Improvement Act (25 U.S.C. 1651 et seq.).
"(b) GOALS OF GRANT.—Each grant made pursuant to subsection
(a) shall set forth the goals to be accomplished pursuant to the
grant. The goals shall be specific to each grant as agreed to between
the Secretary and the grantee.
"(c) CRITERIA.—The Secretary shall establish criteria for the
grants made under subsection (a), including criteria relating to
the—
"(1) size of the urban Indian population;
"(2) accessibility to, and utilization of, other health resources
available to such population;
"(3) duplication of existing Indian Health Service or other
Federal grants or contracts;
"(4) capability of the organization to adequately perform the
activities required under the grant;
"(5) satisfactory performance standards for the organization
in meeting the goals set forth in such grant, which standards
shall be negotiated and agreed to between the Secretary and the
grantee on a grant-by-grant basis; and
"(6) identification of need for services.
The Secretary shall develop a methodology for allocating grants
made pursuant to this section based on such criteria.
"(d) TREATMENT OF MONEYS RECEIVED BY URBAN INDIAN
ORGANIZATIONS.—Any moneys received by an urban Indian
organization under this or any other Act for substance abuse
prevention, treatment, and rehabilitation shall be subject to the
criteria set forth in subsection (c).
"(e) AUTHORIZATION FOR GRANT PROGRAM.—There is authorized to
be appropriated $5,000,000 for each of the fiscal years 1990, 1991,
and 1992 to carry out the purposes of this section.".
SEC. 2216. OFFICE OF ALCOHOL AND SUBSTANCE ABUSE.
Section 4207 (25 U.S.C. 2413) is amended—
(1) by striking out "Assistant Secretary o f in subsection (b)(1)
and inserting in lieu thereof "Assistant Secretary of the Interior
for";
(2) by striking out "Assistant Secretary on" in subsection
(b)(1) and inserting in lieu thereof "Assistant Secretary of the
Interior for Indian Affairs on";
(3) by adding at the end of subsection (b) the following new
paragraph:
102 STAT. 4222 PUBLIC LAW 100-690—NOV. 18, 1988
"(3) The Assistant Secretary of the Interior for Indian Affairs
shall appoint such employees to work in the Office of Alcohol and
Substance Abuse, and s h ^ provide such services and equipment, as
may be necessary to enable the Office of Alcohol and Substance
Abuse to carry out its responsibilities."; and
(4) by adding at the end of paragraph (1) of subsection (c) the
following new sentence: "The Assistant Secretary of the Interior
for Indian Affairs shall appoint the Indian Youth Programs
Officer.".
SEC. 2217. CONTRACT HEALTH SERVICES.
Section 4226 (25 U.S.C. 2473), as amended by section 2212 of this
Act, is amended by adding at the end thereof the following new
subsection:
"(c) CONTRACT HEALTH SERVICES.—
"(1) The Secretary of Health and Human Services, acting
through the Indian Health Service, may enter into contracts
with public or private providers of alcohol and substance abuse
treatment services for the purpose of assisting the Indian
Health Service in canying out the program required under
subsection (a).
Appropriation "(2) In addition to amounts otherwise authorized to be appro-
authorization. priated for contract health services, there are authorized to be
appropriated for each of the fiscal years 1989, 1990, 1991, and
1992, $10,000,000 for the purpose of carrying out the provisions
of this subsection.".
SEC. 2218. NEWSLETTER.
Section 4210 (25 U.S.C. 2416) is amended—
(1) by striking out ", not later than 120 days after the date of
enactment of this subtitle,",
(2) by striking out "The Secretary" and inserting in lieu
thereof "(a) IN GENERAL.—The Secretary", and
(3) by adding at the end thereof the following new subsection:
"(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated for each of the fiscal years 1989, 1990, 1991, and
1992, $300,000 to carry out the provisions of this section.".
25 u s e 2401 SEC. 2219. RULE OF CONSTRUCTION.
note.
Except as otherwise provided in this Act or the amendments made
by this Act, nothing in this Act or the amendments made by this Act
shall be construed to affect the obligation of the United States to
any Indian or Indian tribe arising out of any treaty, statute. Execu-
tive order, or the trust responsibility of the United States owing to
such Indian or Indian tribe. Nothing in this section shall exempt
any individual Indian from the sanctions of "user accountability"
provided for elsewhere in this Act: Provided, That no individual
Indian shall be denied any benefit under Federal Indian programs
comparable to those "means tested" safety net programs otherwise
excluded under this Act.
Native Subtitle D—^Native Hawaiian Health Care
Hawaiian
Health Care Act
of 1988. SEC. 2301. SHORT TITLE.
42 u s e 11701 This subtitle may be cited as the "Native Hawaiian Health Care
note.
Act of 1988".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4223
SEC. 2302. FINDINGS. 42 u s e 11701.
The Congress finds that—
(1) the United States retains the legal responsibility to enforce
the administration of the public trust responsibility of the State
of Hawaii for the betterment of the conditions of Native Hawai-
ians under section 5(f) of Public Law 86-3 (73 Stat. 6; commonly
referred to as the "Hawmi Statehood Admissions Act");
(2) in furtherance of the State of Hawaii's public trust respon-
sibility for the betterment of the conditions of Native Hawai-
ians, contributions by the United States to the provision of
comprehensive health promotion and disease prevention
services to maintain and improve the health status of Native
Hawaiians are consistent with the historical and unique legal
relationship of the United States with the government that
represented the indigenous native people of Hawaii; and
(3) it is the policy of the United States to raise the health
status of Native Hawaiians to the highest possible level and to
encourage the maximum participation of Native Hawaiians in
order to achieve this objective.
SEC. 2303. COMPREHENSIVE HEALTH CARE MASTER PLAN FOR NATIVE 42 u s e 11702.
HAWAIIANS.
(a) DEVELOPMENT.—The Secretary may make a grant to, or enter Grants.
into contract with, Papa Ola Lokahi for the purpose of developing a Contracts.
Native Hawaiian comprehensive health care master plan designed
to promote comprehensive health promotion and disease prevention
services and to maintain and improve the health status of Native
Hawaiians. The master plan shall be based upon an assessment of
the health care status and health care needs of Native Hawaiians.
To the extent practicable, assessments made as of the date of such
grant or contract shall be used by Papa Ola Lokahi, except that any
such assessment shall be updated as appropriate.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be
appropriated $700,000 for fiscal year 1990 to carry out subsection (a).
SEC. 2304. NATIVE HAWAIIAN HEALTH CENTERS. 42 u s e 11703.
(a) COMPREHENSIVE HEALTH PROMOTION, DISEASE PREVENTION, AND Grants.
PRIMARY HEALTH SERVICES.—(IXA) The Secretary, in consultation Contracts.
with Papa Ola Lokahi, may make grants to, or enter into contracts
with, any qualified entity for the purpose of providing comprehen-
sive health promotion and disease prevention services as well as
primary health services to Native Hawaiians.
(B) In making grants and entering into contracts under this
paragraph, the Secretary shall give preference to Native Hawaiieui
health centers and Native Hawaiian organizations, and, to the
extent feasible, health promotion and disease prevention services
shall be performed through Native Hawaiian health centers.
(2) In addition to paragraph (1), the Secretary may make grants to,
or enter into a contract with. Papa Ola Lokahi for the purpose of
planning Native Hawaiian health centers to serve the health needs
of Native Hawaiian communities on each of the islands of O'ahu,
Moloka'i, Maui, Hawai'i, Lana'i, Kaua'i, and Ni'ihau in the State of
Hawaii.
(b) QUAUFIED ENTITY.—An entity is a qualified entity for purposes
of subsection (aXD if the entity is—
(1) a Native Hawaiian health center;
(2) a Native Hawaiian organization; or
102 STAT. 4224 PUBLIC LAW 100-690—NOV. 18, 1988
(3) a public or nonprofit private health provider.
(c) SERVICES TO B E PROVIDED.—(1) Each recipient of funds under
subsection (a)(1) shall provide the following services:
(A) Outreach services to inform Native Hawaiians of the
availability of health services.
(B) Education in health promotion and disease prevention of
the Native Hawaiian population by (wherever possible) Native
Hawaiian health care practitioners, community outreach
workers, counselors, and cultural educators.
(C) Services of physicians, physicians' assistants, or nurse
practitioners.
(D) Immunizations.
(E) Prevention and control of diabetes, high blood pressure,
and otitis media.
(F) Pregnancy and infant care.
(G) Improvement of nutrition.
(2) In addition to the mandatory services under paragraph (1), the
following services may be provided pursuant to subsection (a)(1):
(A) Identification, treatment, control, and reduction of the
incidence of preventable illnesses and conditions endemic to
Native Hawaiians.
(B) Collection of data related to the prevention of diseases and
illnesses among Native Hawaiians.
(C) Services within the meaning of the terms "health pro-
motion", "disease prevention", and "primary health services",
as such terms are defined in section 2308, which are not specifi-
cally referred to in paragraph (1) of this subsection.
(3) The health care services referred to in paragraphs (1) and (2)
which are provided under grants or contracts under subsection (a)(1)
may be provided by traditional Native Hawaiian healers.
(d) LIMITATION ON NUMBER OF ENTITIES.—During a fiscal year, the
Secretary under this subtitle may make a grant to, or hold a
contract with, not more than nine qualified entities in the State of
Hawaii, as follows:
(1) Two entities serving individuals on Kaua'i, from which
individuals on Ni'ihau shall also be served.
(2) Two entities serving individuals on O'ahu.
(3) One entity serving individuals on Moloka'i, from which
individuals on Lana'i shall also be served.
(4) Two entities serving individuals on Maui.
(5) Two entities serving individuals on Hawai'i.
(e) MATCHING FUNDS.—(1) The Secretary may not make a grant or
provide funds pursuant to a contract under subsection (a)(1) to an
entity—
(A) in an amount exceeding 75 percent of the costs of provid-
ing health services under the grant or contract; and
(B) unless the entity agrees that the entity will make avail-
able, directly or through donations to the entity, non-Federal
contributions toward such costs in an amount equal to not less
than $1 (in cash or in kind under paragraph (2)) for each $3 of
Federal funds provided in such grant or contract.
(2) Non-Federal contributions required in paragraph (1) may be in
cash or in kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government or services
assisted or subsidized to any significant extent by the Federal
Government may not be included in determining the amount of
such non-Federal contributions.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4225
(3) The Secretary may waive the requirement established in para-
graph (1) if—
(A) the entity involved is a nonprofit private entity described
in subsection (b); and
(B) the Secretary, in consultation with Papa Ola Lokahi,
determines that it is not feasible for the entity to comply with
such requirement.
(f) RESTRICTION ON U S E OF GRANT AND CONTRACT FUNDS.—The
Secretary may not'make a grant to, or enter into a contract with, an
entity under subsection (a)(1) unless the entity agrees that amounts
received pursuant to such subsection will not, directly or through
contract, be expended—
(1) for any purpose other than the purposes described in
subsection (c);
(2) to provide inpatient services;
(3) to make cash payments to intended recipients of health
services; or
(4) to purchase or improve real property (other than minor
remodeling of existing improvements to real property) or to
purchase major medical equipment.
(g) LIMITATION ON CHARGES FOR SERVICES.—The Secretary may not
make a grant, or enter into a contract with, an entity under
subsection (a)(1) unless the entity agrees that, whether health serv-
ices are provided directly or through contract—
(1) health services under the grant or contract will be pro-
vided without regard to ability to pay for the health services;
and
(2) the entity will impose a charge for the delivery of health
services, and such charge—
(A) will be made according to a schedule of charges that is
made available to the public, and
(B) will be adjusted to reflect the income of the individual
involved.
(h) AUTHORIZATION OF APPROPRIATIONS.—(1) There is authorized to
be appropriated $5,000,000 for fiscal year 1991 and $10,000,000 for
fiscal year 1992 to carry out subsection (a)(1).
(2) There is authorized to be appropriated for fiscal year 1990
$900,000 to carry out subsection (aX2).
SEC. 2305. ADMINISTRATIVE GRANT FOR PAPA OLA LOKAHI. 42 USC 11704.
(a) IN GENERAL.—In addition to any other grant or contract under Contracts.
this subtitle, the Secretary may make grants to, or enter into
contracts with, Papa Ola Lokahi for—
(1) coordination, implementation, and updating (as appro-
priate) of the comprehensive health care master plan developed
pursuant to section 2303;
(2) training for the persons described in section 2304(cXlXB);
or
(3) identification of and research into the diseases that are
most prevalent among Native Hawaiians, including behavioral,
biomedical, epidemiological, and health services.
Ob) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be
appropriated $1,000,000 for each of the fiscal years 1990, 1991, and
1992 to carry out subsection (a).
102 STAT. 4226 PUBLIC LAW 100-690—NOV. 18, 1988
42 u s e 11705. SEC. 2306. ADMINISTRATION OF GRANTS AND CONTRACTS.
(a) TERBfS AND CONDITIONS.—The Secretary shall include in any
grant made or contract entered into under this subtitle such terms
and conditions as the Secretary considers necessary or appropriate
to ensure that the objectives of such grant or contract are achieved.
(b) PERIODIC REVIEW.—The Secretary shall periodically evaluate
the performance of, and compliance with, grants and contracts
imder this subtitle.
(c) ADMINISTRATIVE REQUIREMENTS.—^The Secretary may not make
a grant or enter into a contract under this subtitle with an entity
unless the entity—
(1) agrees to establish such procedures for fiscal control and
fund accounting as may be necessary to ensure proper disburse-
ment and accounting with respect to the grant or contract;
Classified (2) agrees to ensure the confidentiality of records maintained
information. on individuals receiving health services under the grant or
contract;
(3) with respect to providing health services to any population
of Native Hawaiians a substantial portion of which has a lim-
ited ability to speak the Elnglish language—
(A) has developed and has the ability to carry out a
reasonable plan to provide health services under the grant
or contract through individuals who are able to commu-
nicate with the population involved in the language and
cultural context that is most appropriate; and
(B) has designated at least one individual, fluent in both
English and the appropriate language, to assist in carrying
out the plan;
(4) with respect to health services that are covered in the plan
of the State of Hawaii approved under title XIX of the Social
Security Act—
(A) if the entity will provide under the grant or contract
any such health services directly—
(i) the entity has entered into a participation agree-
ment under such plan; and
(ii) the entity is qualified to receive payments under
such plan; and
(B) if the entity will provide under the grant or contract
any such health services through a contract with an
organization—
(i) the organization has entered into a participation
agreement under such plan; and
(ii) the organization is qualified to receive payments
under such plan; and
Reports. (5) agrees to submit to the Secretary and to Papa Ola Lokahi
an annual report that describes the utilization and costs of
health services provided under the grant or contract (including
the average cost of health services per user) and that provides
such other information as the Secretary determines to be
appropriate.
(d) CONTRACT EVALUATION.—(1) If, as a result of evaluations con-
ducted by the Secretary, the Secretary determines that an entity
has not complied with or satisfactorily performed a contract entered
into under section 2304, the Secretary shall, prior to renewing such
contract, attempt to resolve the areas of noncompliance or unsatis-
factory performance and modify such contract to prevent future
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4227
occurrences of such noncompliance or unsatisfactory performance.
If the Secretary determines that such noncompliance or unsatisfac-
tory performance cannot be resolved and prevented in the future,
the Secretary shall not renew such contract with such entity and is
authorized to enter into a contract under section 2304 with another
entity referred to in section 2304(b) that provides services to the
same population of Native Hawaiians which is served by the entity
whose contract is not renewed by reason of this subsection.
(2) In determining whether to renew a contract entered into with
an entity under this subtitle, the Secretary shall consider the results
of evaluation under this section.
(3) All contracts entered into by the Secretary under this subtitle
shall be in accordance with all Federal contracting laws and regula-
tions except that, in the discretion of the Secretary, such contracts
may be negotiated without advertising and may be exempted from
the provisions of the Act of August 24, 1935 (40 U.S.C. 270a et seq.).
(4) Payments made under any contract entered into under this
sulDtitle may be made in advance, by means of reimbursement, or in
installments and shall be made on such conditions as the Secretary
deems necessary to carry out the purposes of this section.
(e) LIMITATION ON U S E OF FUNDS FOR ADMINISTRATIVE EXPENSES.—
Except for grants and contracts under section 2305, the Secretary
may not make a grant to, or enter into a contract with, an entity
under this subtitle unless the entity agrees that the entity will not
expend more than 10 percent of amounts received pursuant to this
subtitle for the purpose of administering the grant or contract.
(f) REPORT.—(1) For each fiscal year during which an entity re-
ceives or expends funds pursuant to a grant or contract under this
subtitle, such entity shall submit to the Secretary and to Papa Ola
Lokahi a quarterly report on—
(A) activities conducted by the entity under the grant or
contract;
(B) the amounts and purposes for which Federal funds were
expended; and
(C) such other information as the Secretary may request.
(2) The reports and records of any entity which concern any grant
or contract under this subtitle shall be subject to audit by the
Secretary, the Inspector General of Health and Human Services,
and the Comptroller General of the United States.
(g) ANNUAL PRIVATE AUDIT.—The Secretary shall allow as a cost
of any grant made or contract entered into under this subtitle the
cost of an annual private audit conducted by a certified public
accountant.
SEC. 2307. ASSIGNMENT OF PERSONNEL. 42 USC 11706.
(a) IN GENERAL.—The Secretary is authorized to enter into an
agreement with any entity under which the Secretary is authorized
to assign personnel of the Department of Health and Human Serv-
ices with expertise identified by such entity to such entity on detail
for the purposes of providing comprehensive health promotion and
disease prevention services to Native Hawaiians.
(h) APPLICABLE FEDERAL PERSONNEL PROVISIONS.—Any assignment
of personnel made by the Secretary under any agreement entered
into under the authority of paragraph (1) shall be treated as an
assignment of Federal personnel to a local government that is made
in accordance with subchapter VI of chapter 33 of title 5, United
States Code.
102 STAT. 4228 PUBLIC LAW 100-690—NOV. 18, 1988
42 u s e 11707. SEC. 2308. DEFINITIONS.
For purposes of this subtitle:
(1) DISEASE PREVENTION.—The term "disease prevention"
includes—
(A) immunizations,
(B) control of high blood pressure,
(C) control of sexually transmittable diseases,
(D) prevention and control of diabetes,
(E) control of toxic agents,
(F) occupational safety and health,
(G) accident prevention,
(H) fluoridation of water,
(I) control of infectious agents, and
(J) provision of mental health care.
(2) HEALTH PROMOTION.—The term "health promotion"
includes—
(A) pregnancy and infant care, including prevention of
fetal alcohol syndrome,
(B) cessation of tobacco smoking,
(C) reduction in the misuse of alcohol and drugs,
(D) improvement of nutrition,
(E) improvement in physical fitness,
(F) family planning, and
(G) control of stress.
(3) NATIVE HAWAIIAN.—The term "Native Hawaiian" means
any individual who has any ancestors that were natives, prior to
1778, of the area that is now the State of Hawaii as evidenced
by-
(A) genealogical records,
(B) Kupuna (elders) or Kama'aina (long-term community
residents) verification, or
(C) birth records of the State of Hawaii.
(4) NATIVE HAWAIIAN HEALTH CENTER.—The term "Native
Hawaiian health center" means an entity—
(A) which is organized under the laws of the State of
Hawaii,
(B) which provides or arranges for health care services
through practitioners licensed by the State of Hawaii,
where licensure requirements are applicable,
(C) which is a public or nonprofit private entity, and
(D) in which Native Hawaiian health practitioners
significantly participate in the planning, management,
monitoring, and evaluation of health services.
(5) NATIVE HAWAIIAN ORGANIZATION.—The term "Native
Hawaiian organization" means any organization—
(A) which serves the interests of Native Hawaiians,
(B) which is—
(i) recognized by Papa Ola Lokahi for the purpose of
planning, conducting, or administering programs (or
portions of programs) authorized under this subtitle for
the benefit of Native Hawaiians, and
(ii) certified by Papa Ola Lokahi as having the quali-
fications and capacity to provide the services, and meet
the requirements, under the contract the organization
enters into with, or grant the organization receives
from, the Secretary under this subtitle.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4229
(C) in which Native Hawaiian health practitioners signifi-
cantly participate in the planning, management, monitor-
ing, and evaluation of health services, and
(D) which is a public or nonprofit private entity.
(6) PAPA OLA LOKAHI.—^The term "Papa Ola Lokahi" means an
organization composed of—
(A)E01aMau;
(B) the Office of Hawaiian Affairs of the State of Hawaii;
( O Alu Like Inc.;
(D) the University of Hawaii; and
(E) the Office of Hawaiian Health of the Hawsdi State
Department of Health.
(7) PMBIARY HEALTH SERVICES.—The term "primary health
services" means—
(A) services of physicians, physicians' assistants and
nurse practitioners;
(B) diagnostic laboratory and radiologic services;
(C) preventive health services (including children's eye
and ear examinations to determine the need for vision and
hearing correction, perinatal services, well child services,
and family planning services);
(D) emergency medical services;
(E) transportation services as required for adequate pa-
tient care;
(F) preventive dental services; and
(G) pharmaceutical services, as may be appropriate for
particular health centers.
(8) SECRETARY.—The term "Secretary" means the Secretary of
Health and Human Services.
(9) TRADITIONAL NATIVE HAWAIIAN HEALER.—The term "tradi-
tional Native Hawaiian healer" means a practitioner—
(A) who—
(i) is of Hawaiian ancestry, and
(ii) has the knowledge, skills, and experience in direct
personal health care of individuals, and
(B) whose knowledge, skills, and experience are based on
a demonstrated learning of Native Hawaiian healing prac-
tices acquired by—
(i) direct practical association with Native HawEuian
elders, and
(ii) oral traditions transmitted from generation to
generation.
SEC. 2309. RULE OF CONSTRUCTION. 42 u s e 11708.
Nothing in this subtitle shall be construed to restrict the author-
ity of the State of Hawaii to license health practitioners.
SEC. 2310. REPEAL OF DEMONSTRATION PROJECT.
Section 205 of the Indian Health Care Improvement Act, as added
by section 203(c) of the Indian Health Care Amendments of 1988, is 42 u s e 1621d.
repealed.
SEC. 2311. COMPLIANCE WITH BUDGET ACT. 42 u s e 11709.
Any new spending authority (described in subsection (cX2) (A) or
(B) of section 401 of the Congressional Budget Act of 1974) which is
provided under this subtitle shall be effective for any fiscal year
102 STAT. 4230 PUBLIC LAW 100-690—NOV. 18, 1988
only to such extent or in such amounts as are provided in appropria-
tion Acts.
42 use 11710. SEC. 2312. SEVERABILITY.
If any provision of this subtitle, or the application of any such
provision to any person or circumstances is held to be invalid, the
remainder of this subtitle, and the application of such provision or
amendment to persons or circumstances other than those to which it
is held invalid, shall not be affected thereby.
Subtitle E—Provisions Relating to Certain
Drugs
21 u s e 333a. SEC. 2401. FORFEITURE AND ILLEGAL TRAFFICKING IN STEROIDS.
Any conviction for a violation of section 303(e) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(e)), or any other
provision of that Act, involving an anabolic steroid or a human
growth hormone shall be considered, for purposes of section 413 of
the Controlled Substances Act (21 U.S.C. 853), a conviction for a
violation of title II of the Comprehensive Drug Abuse Prevention
and Control Act of 1970, if such violation of the Federal Food, Drug,
and Cosmetic Act is punishable by imprisonment for more than one
year.
SEC. 2402. COMPTROLLER GENERAL REPORT ON USE OF ANABOLIC
STEROIDS AND HUMAN GROWTH HORMONES.
The Comptroller General shall conduct a study on the extent of
anabolic steroid and human growth hormone use among high school
students, college students and other adults. Such study shall
include—
(1) the best available estimates for licit and illicit use of
anabolic steroids and human growth hormones;
(2) the amount and type of legal production of anabolic
steroids and human growth hormones, both domestically and
internationally; and
(3) a full and complete summary of the best available medical
analyses that explore the health consequences resulting from
anabolic steroid and human growth hormone use.
The Food and Drug Administration shall cooperate with the
Reports. Comptroller General in conducting such study. The Comptroller
General shall report to the Congress the results of the study not
later than June 1,1989.
SEC. 2403. PROHIBITED DISTRIBUTION OF ANABOLIC STEROIDS.
Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333) is amended by adding at the end the following new subsection:
"(e)(1) Except as provided in paragraph (2), any person who
distributes or possesses with the intent to distribute any anabolic
steroid for any use in humans other than the treatment of disease
pursuant to the order of a physician shall be imprisoned for not
more than three years or fined under title 18, United States Code, or
both.
Children and "(2) Any person who distributes or possesses with the intent to
youth. distribute to an individual under 18 years of age, any anabolic
steroid for any use in humans other than the treatment of disease
pursuant to the order of a physician shall be imprisoned for not
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4231
more than six yeara or fined under title 18, United States Ck)de, or
both.".
SEC 2404. BANNING OF BUTYL NITRITE. 15 u s e 2057a.
(a) IN GENKHAL.—^Ebccept as provided in subsection Q)), butyl ni-
trite shall be considered a banned hazardous product under section 8
of the Consumer Product Safety Act (15 U.S.C. 2057).
(b) LAWFUL PURPOSES.—For the purposes of section 8 of the
Consumer Product Safety Act, it shall not be unlawful for any
person to manufacture for sale, offer for sale, distribute in com-
merce, or import into the United States butyl nitrite for any
commercial purpose or any other purpose approved under the Fed-
eral Food, Drug, and Cosmetic Act.
(c) DEFmrnoNS.—For purposes of this section:
(1) The term "butyl nitrite" includes n-butyl nitrite, isobutyl
nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mix-
tures containing these chemicals.
(2) The term "commercial purpose" means any commercial
purpose other than for the production of consumer products
containing butyl nitrite that may be used for inhaling or other-
wise introducing butyl nitrite into the human body for euphoric
or physical effects.
(d) EFFECTIVE DATE.—This section shall take effect 90 days after
the date of the enactment of this subtitle.
SEC. 2405. ESTABLISHMENT OF TASK FORCE AND PROTECTION OF 21 u s e 801 note.
PUBLIC HEALTH WITH RESPECT TO ILLEGAL DRUG LABORA-
TORIES.
(a) ESTABLISHMENT OF TASK FORCE.—There is established the Joint
Federal Task Force on Illegal Drug Laboratories (hereafter in this
section referred to as the "Task Force").
(b) APPOOTIMENT AND MEMBERSHIP OF TASK FORCE.—The members
of the Task Force shall be appointed by the Administrators of the
Environmental Protection Agency and the Drug Enforcement
Administration (hereafter in thus section referred to as the
"Administrators"). The Task Force shall consist of at least 6 and not
more than 20 members. Each Administrator shall appoint one-half
of the members as follows: (1) the Adminstrator of the Environ-
mental Protection Agency shall appoint members from among
Emergency Response Technicians and other appropriate employees
of the Agency; and (2) the Administrator of the Drug Enforcement
Administration shall appoint members from among Special Agents
assigned to field divisions and other appropriate employees of the
Administration.
(c) DUTIES OF TASK FORCE.—The Task Force shall formulate, Hsizardous
establish, and implement a prc^ram for the cleanup and disposal of materials.
hazardous waste produced by ill^al drug laboratories. In formulat- Waste disposal.
ing such program, the Task Force shall consider the following
factors:
(1) The volume of hazardous waste produced by illegal drug
laboratories.
(2) The cost of cleaning up and disposing of hazardous waste
produced by illegal drug laboratories.
(3) The effectiveness of the various methods of cleaning up
and disposing of hazardous waste produced by illegal drug
laboratories.
19-194 O—91—Part 5 8 : OL 3
102 STAT. 4232 PUBLIC LAW 100-690—NOV. 18, 1988
(4) The coordination of the efforts of the Environmental
Protection Agency and the Drug Enforcement Administration
in cleaning up and disposing of hazardous waste produced by
illegal drug laboratories.
Public (5) The dissemination of information to law enforcement
information. agencies that have responsibility for enforcement of drug laws.
(d) GUIDELINES.—The Task Force shall recommend to the
Administrators guidelines for cleanup of illegal drug laboratories to
protect the public health and environment. Not later than 180 days
after the date of the enactment of this subtitle, the Administrators
shall formulate and publish such guidelines.
(e) DEMONSTRATION PROJECTS.—
Grants. (1) The Attorney General shall make grants to, and enter into
Contracts. contracts with. State and local governments for demonstration
Waste disposal. projects to clean up and safely dispose of substances associated
with illegal drug laboratories which may present a danger to
public health or the environment.
(2) The Attorney General may not under this subsection make
a grant or enter into a contract unless the applicant for such
assistance agrees to comply with the guidelines issued pursuant
to subsection (d).
(3) The Attorney General shall, through grant or contract,
provide for independent evaluations of the activities carried out
pursuant to this subsection and shall recommend appropriate
legislation to the Congress.
(f) FUNDING.—Of the amounts made available to carry out the
Controlled Substances Act for fiscal year 1989, not less than
$5,000,000 shall be made available to carry out subsections (d)
and (e).
(g) REPORTS.—After consultation with the Task Force, the
Administrators shall—
(1) transmit to the President and to each House of Congress
not later than 270 days after the date of the enactment of this
subtitle a report describing the program established by the Task
Force under subsection (c) (including an analysis of the factors
specified in paragraphs (1) through (5) of that subsection);
(2) periodically transmit to the President and to each House of
Congress reports describing the implementation of the program
established by the Task Force under subsection (c) (including an
analysis of the factors specified in paragraphs (1) through (5) of
that subsection) and the progress made in the cleanup and
disposal of hazardous waste produced by illegal drug labora-
tories; and
(3) transmit to each House of Congress a report describing the
findings made as a result of the evaluations referred to in
subsection (e)(3).
Subtitle F—Certain Provisions With Respect to
Veterans
38 u s e 620A SEC. 2501. EVALUATION OF THE VETERANS' ADMINISTRATION INPA-
note. TIENT AND OUTPATIENT DRUG AND ALCOHOL TREATMENT
PROGRAMS.
The Administrator of Veterans' Affairs shall conduct an evalua-
tion of inpatient and outpatient drug and alcohol treatment pro-
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4233
grams operated by the Veterans' Administration. The evaluation
shall include a determination of the medical advantages and cost-
effectiveness of such programs, taking into consideration rates of
readmission and the rate of successful rehabilitation. There are Appropriation
authorized to be appropriated for the purpose of the conduct of such authorization.
evaluation $1,000,000 for fiscal year 1989 and such sums as may be
necessary for each of the fiscal years 1990 and J991.
SEC. 2502. VETERANS' ADMINISTRATION DRUG AND ALCOHOL TREAT-
MENT PROGRAMS.
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated to the Veterans' Administration, in addition to any
other amounts that may be authorized to be appropriated to the
Veterans' Administration for the purpose described in subsection
(b), $15,000,000 for each of the fiscal years 1989 through 1991.
(b) USE OF FUNDS.—Any amounts appropriated pursuant to
subsection (a) may be expended only for the purpose of providing
care and services under chapter 17 of title 38, United Stetes
Code, to eligible veterans with alcohol or drug dependence or abuse
disabilities.
Subtitle G—Miscellaneous Health Amendments
SEC. 2600. EFFECTIVE DATE. 42 u s e 242m
Except as provided in section 2613(bXl), the amendments made by note.
this subtitle shall take effect immediately after the enactment of the
Health Omnibus Programs Extension of 1988.
CHAPTER 1—TECHNICAL AND CONFORMING
AMENDMENTS TO HEALTH OMNIBUS PRO-
GRAMS EXTENSION OF 1988
SEC. 2601. CERTAIN REFERENCES.
Except as otherwise expressly provided, any reference made in
this chapter to an amendment or repeal of a section or other
provision shall be considered to be made to a section or other
provision of the Health Omnibus Programs Extension of 1988.
SEC. 2602. AMENDMENTS TO TITLE II.
(a) SECTION 243.—Section 243 is amended— 42 u s e 300cc
(1) in subsection (a)— note.
(A) by striking "(hereinafter in this subtitle referred to as
AIDS)''; and
(B) by striking "concerning AIDS" and inserting
"concerning such syndrome"; and
(2) in subsection (c)—
(A) in paragraph (2), by striking "AIDS" and inserting
"acquired immune deficiency syndrome";
(B) in paragraph (3), by striking "AIDS" and inserting
"acquired immune deficiency syndrome";
(C) in paragraph (4)—
(i) by striking "AIDS" the first place it appears and
inserting "acquired immune deficiency syndrome"; and
(ii) by striking "AIDS" the second place it appears
and inserting "such syndrome";
102 STAT. 4234 PUBLIC LAW 100-690—NOV. 18, 1988
(D) in paragraph (5), by striking "AIDS" and inserting
"acquired immune deficiency syndrome";
(E) in paragraph (6), in the matter preceding subpara-
graph (A), by striking "AIDS" and inserting "acquired
immune deficiency syndrome"; and
(F) in paragraph (7), by striking "AIDS" and inserting
"acquired immune deficiency syndrome".
42 u s e 300ee-l (b) SECTION 251.—Section 251(b) is amended by striking "of enact-
note. ment of this Act" and inserting "of the enactment of this title".
42 u s e 300ee-2.
(c) SECTION 253.—Section 253 is amended by striking "health
workers," and inserting "health workers and".
(d) SECTION 256.—Section 256 is amended—
42 u s e 300ee-5.
(1) in subsection (b), by striking "Surgeon General of the
United States" and inserting "Surgeon General of the Public
Health Service"; and
(2) in subsection (d)(2), by striking "subsection (a)" and insert-
ing "paragraph (1)".
SEC. 2603. AMENDMENTS TO TITLE VI.
42 u s e 201 note. (a) SECTION 601.—Section 601 is amended—
(1) by striking "This Act" in subsection (a) and inserting "This
title"; and
(2) by striking "this Act" in subsection (b) and inserting "this
title".
Ante, p. 3151. (b) SECTION 638.—Section 638(b) is amended—
(1) by striking "title VII" each place it occurs and inserting
"titles VII and VIII"; and
(2) by striking ", after the date of the enactment of this Act,"
in paragraphs (1) and (2).
42 u s e 292h (c) SECTION 639.—Section 639(b) is amended by striking "shall
note. compile and analyze" and inserting "shall develop a uniform meth-
odology for collection of, and shall compile and analyze,".
SEC. 2604. AMENDMENT TO TITLE VII.
Ante, p. 3157. (a) SECTION 704.—Section 7040t)) is amended by striking out ", after
the date of the enactment of this Act," in paragraphs (1) and (2).
Ante, p. 3158. (b) SECTION 705.—Section 705(b) is amended by striking out ", after
the date of the enactment of this Act," in paragraphs (1) and (2).
Ante, p. 3166. (c) SECTION 732.—Section 732 is amended by striking "this title"
each place it appears and inserting "this subtitle".
SEC. 2605. AMENDMENTS TO TITLE IX.
42 u s e 300ee-6. (a) SECTION 902.—Section 902 is amended—
(1) in subsection (c), by striking "the human
immunodeficiency virus" and inserting "the etiologic agent for
acquired immune deficiency syndrome"; and
(2) in subsection (d)(3)(B)(i), by striking "the human
immunodeficiency virus" and inserting "the etiologic agent for
acquired immune deficiency syndrome".
42 u s e 300ee-6 Ob) SECTION 903.—Section 903 is amended by striking "the human
note. immunodeficiency virus" and inserting "the etiologic agent for
acquired immune deficiency syndrome".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4235
CHAPTER 2—TECHNICAL AND CONFORMING
AMENDMENTS TO THE PUBLIC HEALTH SERV-
ICE ACT
SEC. 2611. CERTAIN REFERENCES.
Except as otherwise expressly provided, any reference made in
this chapter to an amendment or repeal of a section or other
provision shall be considered to be made to a section or other
provision of the Public Health Service Act (42 U.S.C. 201 et seq.).
SEC. 2612. AMENDMENTS TO TITLE III.
Section 308(bX2XA) (42 U.S.C. 242m(bX2XA)) is amended—
(1) by inserting after the first sentence the following: "Each
application for a grant, contract, or cooperative sigreement in an
amount exceeding $50,000 of direct costs for the dissemination
of research findings or the development of research agendsis
(including conferences, workshops, and meetings) shall be
submitted to a standing peer review group with persons with
appropriate expertise and shall not be submitted to any peer
review group established to review applications for research,
evaluation, or demonstration projects."; and
(2) by striking in the last sentence "of each such application"
and inserting "of an application described in the first two
sentences of this subparsigraph".
SEC. 2613. AMENDMENTS TO TITLE IV.
(a) NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS '~~
(1) Subpart 13 of part C of title IV, as added by section 101(4)
of the Health Omnibus Programs Extension of 1988, is amended
by adding at the end the following new sections:
" N A T I O N A L INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS ADVISORY BOARD
"SEC. 464D. (a) The Secretary shall establish in the Institute the 42 USC 285m-4.
National Deafness and Other (Communications Disorders Advisory
Board (hereafter in this section referred to as the 'Advisory Board').
"(b) The Advisory Board shall be composed of eighteen appointed
members and nonvoting ex officio members as follows:
"(1) The Secretary shall appoint—
"(A) twelve members from individuals who are scientists,
physicians, and other health and rehabilitation profes-
sionals, who are not officers or employees of the United
States, and who represent the specialties and disciplines
relevant to deafness and other communication disorders,
including not less than two persons with a communication
disorder; and
"(B) six members from the general public who are
knowledgeable with respect to such disorders, including not
less than one person with a communication disorder and
not less than one person who is a parent of an individual
with such a disorder.
Of the appointed members, not less than five shall by virtue of
training or experience be knowledgeable in diagnoses and re-
habilitation of communication disorders, education of the hear-
102 STAT. 4236 PUBLIC LAW 100-690—NOV. 18, 1988
ing, speech, or language impaired, public health, public
information, community program development, occupational
hazards to communications senses, or the aging process.
"(2) The following shall be ex officio members of each Ad-
visory Board:
"(A) The Assistant Secretary for Health, the Director of
NIH, the Director of the National Institute on Deafness and
Other Communication Disorders, the Director of the Cen-
ters for Disease Control, the Chief Medical Director of the
Veterans' Administration, and the Assistant Secretary of
Defense for Health Affairs (or the designees of such
officers).
"(B) Such other officers and employees of the United
States as the Secretary determines necessary for the Ad-
visory Board to carry out its functions.
"(c) Members of an Advisory Board who are officers or employees
of the Federal Government shall serve as members of the Advisory
Board without compensation in addition to that received in their
regular public employment. Other members of the Board shall
receive compensation at rates not to exceed the daily equivalent of
the annual rate in effect for grade GS-18 of the General Schedule
for each day (including traveltime) they are engaged in the perform-
ance of their duties as members of the Board.
"(d) The term of office of an appointed member of the Advisory
Board is four years, except that no term of office may extend beyond
the expiration of the Advisory Board. Any member appointed to fill
a vacancy for an unexpired term shall be appointed for the remain-
der of such term. A member may serve after the expiration of the
member's term until a successor has taken office. If a vacancy
occurs in the Advisory Board, the Secretary shall make an appoint-
ment to fill the vacancy not later than 90 days from the date the
vacancy occurred.
"(e) 'The members of the Advisory Board shall select a chairman
from among the appointed members.
"(f) The Secretary shall, after consultation with and consideration
of the recommendations of the Advisory Board, provide the Advisory
Board with an executive director and one other professional staff
member. In addition, the Secretary shall, after consultation with
and consideration of the recommendations of the Advisory Board,
provide the Advisory Board with such additional professional staff
members, such clerical staff members, such services of consultants,
such information, and (through contracts or other arrangements)
such administrative support services and facilities, as the Secretary
determines are necessary for the Advisory Board to carry out its
functions.
"(g) The Advisory Board shall meet at the call of the chairman or
upon request of the Director of the Institute, but not less often than
four times a year.
"(h) The Advisory Board shall—
"(1) review and evaluate the implementation of the plan
prepared under section 464A(a) and periodically update the plan
to ensure its continuing relevance;
"(2) for the purpose of assuring the most effective use and
organization of resources respecting deafness and other commu-
nication disorders, advise and make recommendations to the
Congress, the Secretary, the Director of NIH, the Director of the
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4237
Institute, and the heads of other appropriate Federal agencies
for the implementation and revision of such plan; and
"(3) maintain liaison with other advisory bodies related to
Federal agencies involved in the implementation of such plan
and with key non-Federal entities involved in activities affect-
ing the control of such disorders.
"(i) In carrying out its functions, the Advisory Board may estab-
lish subcommittees, convene workshops and conferences, and collect
data. Such subcommittees may be composed of Advisory Board
members and nonmember consultants with expertise in the particu-
lar area addressed by such subcommittees. The subcommittees may
hold such meetings as are necessary to enable them to carry out
their activities.
"(j) The Advisory Board shall prepare an annual report for the Reports.
Secretary which—
"(1) describes the Advisory Board's activities in the fiscal year
for which the report is made;
"(2) describes and evaluates the progress made in such fiscal
year in research, treatment, education, and training with re-
spect to the deafness and other communication disorders;
"(3) summarizes and analyzes expenditures made by the Fed-
eral Government for activities respecting such disorders in such
fiscal year; and
"(4) contains the Advisory Board's recommendations (if any)
for changes in the plan prepared under section 464A(a).
"(k) The National Deafness and Other Communication Disorders
Advisory Board shall be established not later than 90 days after the
date of the enactment of the National Institute on Deafness and
Other Communication Disorders and Health Research Extension
Act of 1988.
INTERAGENCY COORDINATING COMMITTEE
"SEC. 464E. (a) The Secretary may establish a committee to be 42 u s e 285m-5.
known as the Deafness and Other Communication Disorders Inter-
agency Coordinating Committee (hereafter in this section referred to
as the 'Coordinating Committee').
"(b) The Coordinating Committee shall, with respect to deeifness
and other communication disorders—
"(1) provide for the coordination of the activities of the na-
tional research institutes; and
"(2) coordinate the aspects of all Federal health programs and
activities relating to deafness and other communication dis-
orders in order to assure the adequacy and technical soundness
of such programs and activities and in order to provide for
the full communication and exchange of information necessary
to maintain adequate coordination of such programs and
activities.
"(c) The Coordinating Committee shall be composed of the direc-
tors of each of the national research institutes and divisions in-
volved in research with respect to deafness and other communica-
tion disorders and representatives of all other Federal departments
and agencies whose programs involve health functions or respon-
sibilities relevant to deafness and other communication disorders.
"(d) The Committee shall be chaired by the Director of NIH (or the
designee of the Director). The Committee shall meet at the call of
the chair, but not less often than four times a year.
102 STAT. 4238 PUBLIC LAW 100-690—NOV. 18, 1988
Reports. "(e) Not later than 120 days after the end of each fiscal year, the
Committee shall prepare and transmit to the Secretary, the Director
of NIH, the Director of the Institute, and the advisory council for
the Institute a report detailing the activities of the Committee in
such fiscal year in carrying out subsection (b).
"LIMITATION ON ADMINISTRATIVE EXPENSES
42 use 285m-6. "SEC. 464F. With respect to amounts appropriated for a fiscal year
for the National Institutes of Health, the limitation established in
section 408(bXl) on the expenditure of such amounts for administra-
tive expenses shaU apply to administrative expenses of the National
Institute on Deafness and Other Communication Disorders.".
42 use 285m (2XA) Personnel employed by the National Institutes of
"°*®" Health in connection with the functions vested under
paragraph 1, and under section 101(4) of the Health Omnibus
Prc^rams Elxtension of 1988, in the Director of the National
Institute on Deafness and Other Communication Disorders, and
assets, property, contracts, liabilities, records, unexpended bal-
ances of appropriations, authorizations, allocations, and other
funds of the National Institutes of Health, arising from or
employed, held, used, available to, or to be made available, in
connection with such functions shall be transferred to the
Director for appropriate allocation. Unexpended funds trans-
ferred under this subsection shall be used only for the pur-
poses for which the funds were originally authorized and
appropriated.
(B) With respect to functions vested under paragraph 1, and
under section 101(4) of the Health Omnibus Prc^ams Exten-
sion of 1988, in the Director of the National Institute on Deaf-
ness and Other Communication Disorders, all orders, rules,
r^ulations, grants, contracts, certificates, licenses, privil^es,
and other determinations, actions, or official documents, that
have been issued, made, granted, or allowed to become effective,
and that are effective on the date of the enactment of this Act,
shall continue in effect according to their terms unless changed
pursuant to law.
42 use 285m (b) EFTFBCT OF EJNACTMENT OF SIMILAR PROVISIONS ESTABUSHING
note. NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS.—
(1) Paragraphs (2) and (3) shall take effect immediately after
the enactment of both the bill, S. 1727, of the One Hundredth
Congress, and the Health Omnibus Programs Extension of 1988.
(2XA) The provisions of the Public Health Service Act referred
to in subparagraph (B), as similarly amended by the enactment
of the bill, S. 1727, of the One Hundredth Congress, by subtitle
A of title I of the Health Omnibus Pn^rams Extension of 1988,
42 use 281,285j, and by subsection (aXD of this section, are amended to read as if
285m—285m-6. the amendments made by such subtitle A and such subsection
(aXD had not been enacted.
(B) The provisions of the Public Health Service Act referred to
in subparagraph (A) are—
(A) sections 401(bXl) and 457;
(B) part C of title IV; and
(C) the heading for subpart 10 of such part C.
42 use 285m (3) Subsection (aX2) of this section is repealed.
note.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4239
(c) SECTION 405.—Section 405(cX3) (42 U.S.C. 284(cX3)), as amended
by section 116(2XA) of the Hesdth Omnibus P r c ^ a m s Extension of
1988, is amended—
(1) by inserting "and appoint" after "establish"; and
(2) by inserting "and appointed" after "established".
(d) SECTION 408.—Section 4()8(aX2XB) (42 U.S.C. 284(c)), as amended
by section 118(a) of the Health Omnibus Programs Extension of 1988, 42 use 284c.
is amended by inserting a comma after "419".
SEC. 2614. AMENDMENTS TO TITLE V.
(a) SECTION 528.—Section 528(aXl) (42 U.S.C. 290cc-28), as
amended by section 812(b) of the Health Omnibus Programs
Extension of 1988, is amended by striking "the Northern and
inserting "the (Commonwealth of the Northern".
(b) SECTION 536.—Section 536(3) (42 U.S.C. 290cc-36), as amended
by section 812(a) of the Health Omnibus Programs Extension of
1988, is amended by striking "the Northern" and inserting "the
Commonwealth of the Northern".
SEC. 2615. AMENDMENTS TO TITLE VII.
(a) SECTION 708.—Section 708(hX2) (42 U.S.C. 292h(hX2)), as
amended by section 626 of the Health Omnibus Programs Extension
of 1988, is amended by inserting "shall" before "include".
(b) SECTION 728.—Section 728(a) (42 U.S.C. 294a(a)), as amended by
section 602(bXl) and section 707 of the Health Omnibus Programs
Extension of 1988, is amended in the second sentence—
(1) by inserting "(including loans to new borrowers)" after
"new loans"; and
(2) by striking "for such fiscal year." and inserting "for such
fiscal year".
(c) SECTION 784.—Section 784(b) (42 U.S.C. 295g-4(b)), as amended
by section 609(a) of the Health Omnibus Programs Extension of
1988, is amended to read as if the amendments made by such section
609(a) had not been enacted.
(d) SECTION 787.—Section 787(aX2XG) (42 U.S.C. 295g-7(aX2XG)),
as added by section 611(aX3) of the Health Omnibus Programs
Extension of 1988, is amended by striking ", except schools of
medicine, osteopathy, or dentistry".
(e) SECTION 787.—Section 78703X3) (42 U.S.C. 295g-7(bX3)), as
added by section 611(b) of the Health Omnibus Programs Extension
of 1988, is amended—
(1) by striking "total enrollment" the first place it appears
and inserting "proportionate enrollment"; and
(2) by striking "total enrollment" the second place it appears
and inserting "percentage".
(f) SECTION 791.—Section 791(d) (42 U.S.C. 295h(d)), as amended by
section 618(b) of the Health Omnibus Programs Extension of 1988, is
amended by striking "$1,420,000 for fiscal year 1990" and inserting
$1,600,000 for fiscal year 1990".
(g) SECTION 788B.—Section 788B(f), as added by section 622 of the
Health Omnibus Programs Extension of 1988, is amended— 42 use 295g-8b.
(1) in paragraph (1), by striking "AIDS patients" and inserting
"patients with acquired immune deficiency syndrome";
(2) in paragraph (2), by striking "AIDS patients" and insert-
ing "patients with acquired immune deficiency syndrome";
(3) in paragraph (3), by striking "AIDS patients" and inserting
"patients with acquired immune deficiency syndrome"; and
102 STAT. 4240 PUBLIC LAW 100-690—NOV. 18, 1988
(4) in paragraph (4)—
(A) by inserting "MAINTENANCE OF STATE EFFORT.—" after
"(4)"; and
(B) by striking "allocation" and inserting in lieu thereof
"allotted".
(f) SECTION 796.—Section 796(a) (42 U.S.C. 295h-5(a)), as amended
by section 624 of the Health Omnibus Programs Extension of 1988,
is amended by striking "shall make grants" and inserting "may
make grants".
(g) SECTION 799A.—Section 799A, as amended by section 637(a) of
42USC295J. the Health Omnibus Programs Extension of 1988, is amended—
(1) in subsection (f)(4)—
(A) by striking "this paragraph" and inserting "this sec-
tion"; and
(B) by striking "acting through the Director of the Indian
Health Service'; and
(2) in subsection (hX2), by striking "each of the fiscal years
1989,1990, and 1991" and inserting "fiscal year 1989".
SEC. 2616. AMENDMENTS TO TITLE VIII.
(a) SECTION 843.—Section 843(b), as added by section 715 of the
42 use 297j. Health Omnibus Programs Extension of 1988, is amended in section
843(b), by striking "844(a)" and inserting "827(a)".
(b) SECTION 847.—Section 847(j), as added by section 716 of the
42 use 297n. Health Omnibus Programs Extension of 1988, is amended by strik-
ing "subsection (1)" and inserting "subsection (k)".
SEC. 2617. AMENDMENTS TO TITLE XXIII.
(a) SECTION 2304.—Section 2304(cX2)(B), as added by section 201(4)
42 use 300CC-3. of the Health Omnibus Programs Extension of 1988, is amended by
striking the period and inserting a semicolon.
(b) SECTION 2313.—Section 2313, as added by section 201(4) of the
42 use 300CC-13. Health Omnibus Programs Extension of 1988, is amended—
(1) in subsection (a), by striking "through the National In-
stitutes of Allergy" and inserting "through the Director of the
National Institute of Allergy"; and
(2) in subsection Ot>X2)(BXiii), by striking "Institutes" and
inserting "Institute".
(c) SECTION 2317.—Section 2317(e), as added by section 201(4) of the
42 use 300CC-17. Health Omnibus Programs Extension of 1988, is amended in the
subsection heading by inserting "ON CUNICAL TRIALS AND TREAT-
MENTS" after "BANK".
(d) SECTION 2320.—Section 2320(aX5), as added by section 201(4) of
42 use 300CC-20. the Health Omnibus Programs Extension of 1988, is amended in the
first sentence, by striking "section" and inserting "subsection".
(e) SECTION 2341.—Section 2341(c), as added by section 201(4) of the
42 use 300CC-31. Health Omnibus Programs Extension of 1988, is amended by strik-
ing "Federed Policy Act" and inserting "Amendments".
SEC. 2618. AMENDMENTS TO TITLE XXIV.
(a) SECTION 2402.—Section 24020t)), as added by section 211 of the
42 use 300dd-i. Health Omnibus Programs Extension of 1988, is amended in the last
sentence, by inserting "infected" after "health services to individ-
uals".
(b) SECTION 2404.—Section 2404(cXl), as added by section 211 of the
42 use 300dd-3. Health Omnibus Programs Extension of 1988, is amended by strik-
ing "September 1 of 1989" and inserting "September 1, 1989,".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4241
(c) SECTION 2409.—Section 2409, as added by section 211 of the
Health Omnibus Programs Extension of 1988, is amended— 42 u s e 300dd-8.
(1) in subsection (b), in the subsection heading, by inserting
"OF PAYMENTS" after ''WITHHOLDING"; and
(2) in subsection (eXD* by striking "the several States" and
inserting "several States".
(d) SECTION 2411.—Section 2411(a), as added by section 211 of the
Health Omnibus Programs Extension of 1988, is amended in the 42 use
first sentence, by inserting before "this part." the following: "any 300dd-10.
program or service carried out pursuant to".
(e) SECTION 2413.—Section 2413(4XB), as added by section 211 of
the Health Omnibus Programs E^Etension of 1988, is amended by 42 use
striking "section 2408(d)" and inserting "subsections (b) and (d) of 300dd-12.
section 2408".
(f) SECTION 2414.—Section 2414, as added by section 211 of the
Health Omnibus Programs Extension of 1988, is amended— 42 use
(1) in subsection (a), by striking "grants under section 2401" 300dd-13.
and inserting "allotments under section 2401(a)"; and
(2) in subsection (b), by striking "or territory" each place it
appears.
(g) SECTION 2415.—Section 2415, as added by section 211 of the
Health Omnibus Programs Extension of 1988, is amended by strik- 42 use
i i ^ "part A" and all that follows and inserting "this part is 300dd-14.
repealed.".
(h) SECTION 2421.—Section 2421, as added by section 211 of the
Health Omnibus Pn^i^mis Elxtension of 1988, is amended— 42 use
(1) in paragraph (1) of subsection (a)— 300dd-21.
(A) by striking "'patients infected" and all that follows
through "persons who" and inserting the following:
"'individuals infected vrith. the etiol<^c agent for acquired
immune deficiency syndrome' means individuals who ; and
(B) by striking "such person with the human
immunodeficiency virus," and inserting "such individuals
with such etiologic agent,"';
(2) in paragraph (2) of subsection (a), by striking "persons"
and inserting "individuals";
(3) in subsection (b)—
(A) by striking "patients infected with the human
immunodeficiency virus," and inserting the following:
"individuals infected with the etiologic agent for acquired
immune deficiency syndrome,"; and
(B) by striking 'such patients" and inserting "such
individuals";
(4) in paragraph (1) of subsection (c)—
(A) in the matter preceding subparagraph (A), by striking
"patients infected with the human immunodeficiency
virus" and inserting the following: "individuals infected
with the etiologic agent for acquired immune deficiency
S3nidrome";
(B) in subparagraph (A)—
(i) in the matter preceding clause (i), by striking
"such patients" and inserting such individuals";
(ii) in clause (ii), by striking "AIDS patients" and
inserting "individuals with acquired immune defi-
ciency syndrome"; and
(iii) in clause (iii), by striking "patients" and insert-
ing "such individuals"; and
102 STAT. 4242 PUBLIC LAW 100-690—NOV. 18, 1988
(C) in subparagraph (B), by striking "patients infected
with the human immunodeficiency virus" and inserting the
following: "individuals infected with the etiologic agent for
acquired immune deficiency syndrome";
(5) in paragraph (2)(C) of subsection (c), by striking "patients
infected with the human immunodeficiency virus" and insert-
ing the following: "individuals infected with the etiologic agent
for acquired immune deficiency syndrome";
(6) in subsection (d)(2XB), by striking "AIDS cases" and insert-
ing "cases of acquired immune deficiency syndrome";
(7) in subsection (e)(2)(A), by striking "patients infected with
the human immunodeficiency virus" and inserting the follow-
ing: "individuals infected with the etiologic agent for acquired
immune deficiency syndrome";
(8) in paragraph (1) of subsection (f)—
(A) by striking "the acquired immunodeficiency syn-
drome" and inserting "acquired immune deficiency syn-
drome"; and
(B) by striking "human immunodeficiency virus" and
inserting "etiologic agent for such syndrome";
(9) in paragraph (2) of subsection (f), by striking "the acquired
immunodeficiency syndrome" and inserting "such syndrome";
and
(10) in subsection (g)—
(A) by striking "1988" and inserting "1989"; and
(B) by striking "1989 through 1991" and inserting "1990
through 1992".
(i) SECTION 2432.—Section 2432, as added by section 211 of the
42 use Health Omnibus Programs Extension of 1988, is amended—
300dd-32. (1) in subsection (c)—
(A) in the matter preceding paragraph (1), by striking
"indicate that the individual" and inserting "indicate that
an individual"; and
(B) in paragraph (6), by striking "(4)" and inserting "(5)";
and
(2) in subsection (e)—
(A) in paragraph (1), by striking "part" and inserting
"subpart'^
(B) in paragraph (2), by striking "part" and inserting
"subpart'; and
(C) in paragraph (3), by striking "part" and inserting
"subpart'\
SEC. 2619. AMENDMENTS TO FIRST TITLE XXV.
(a) SECTION 2500.—Section 2500(a), as added by section 221 of the
42 u s e 300ee. Health Omnibus Programs Extension of 1988, is amended by strik-
ing " I N GENERAL,—" and inserting " I N GENERAL.—" and by striking
"this part" and inserting "this title".
(b) SECTION 2502.—Section 2502(9), as added by section 221 of the
42 use Health Omnibus Programs Extension of 1988, is amended by strik-
300ee-12. ing "section 2525" and inserting "section 253 of the AIDS Amend-
ments of 1988".
(c) SECTION 2503.—Section 2503(a)(3), as added by section 221 of the
42 use Health Omnibus Programs Extension of 1988, is amended by strik-
300ee-13. ing "and" after the semicolon.
(d) SECTION 2505.—Section 2505(b), as added by section 221 of the
42 use Health Omnibus Programs Extension of 1988, is amended—
300ee-15.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4243
(1) in paragraph (1), by inserting "make" before "payments";
and
(2) in paragraph (2), by inserting "make" before "payments".
(d) SECTION 2506.—Section 2506, as added by section 221 of the
Health Omnibus Programs Extension of 1988, is amended— 42 use
(1) in the matter preceding paragraph (1), by striking "'The" 300ee-16.
and inserting "'(a) IN GENERAL.—The";
(2) in paragraph (5), by striking the matter after and below
subparagraph (B);
(3) in paragraph (8)—
(A) by striking "funds from to payments" and inserting
"funds from payments"; and
(B) by striking "and" after the semicolon;
(4) in paragraph (9), by striking "2509(e);" and inserting
"2508(e); and"; and
(5) by adding at the end the following new subsection:
"(b) DEFINITION.—For purposes of subsection (aX5), the term
'significant percentage' means at least a percentage of 1 percent of
the number of reported cases of acquired immune deficiency syn-
drome in the United States.".
(e) SECTION 2507.—Section 2507, as added by section 221 of the
Health Omnibus Programs Extension of 1988, is amended— 42 use
(1) in subsection (aXl), by striking "amount described" and 300ee-17.
inserting "applicable amount specified";
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by striking "2516(a)" and inserting "2514(a)"; and
(ii) by striking "subsection (aXD is and inserting
"subsection (aXD shall be";
(B) in paragraph (2), by striking "subsection (aXD is" and
inserting "subsection (aXl) shall be"; and
(C) in paragraph (3), by striking "subsection (aXD is" and
inserting "subsection (aXD shall be"; and
(3) in subsection (d)—
(A) in paragraph (1), in the last sentence, by inserting
"under section 2501(a)" after "allotment"; and
(B) in paragraph (2XA), by striking "2507" and inserting
"2503".
(f) SECTION 2508,—Section 2508, as added by section 221 of the
Health Omnibus Programs Extension of 1988, is amended— 42 use
(1) in subsection (aXD, by striking "2507" and inserting 300ee-18.
"2503";
(2) in subsection (b)—
(A) in the subsection heading, by inserting "OF PAY-
MENTS" before the period; and
(B) in paragraph (1), by striking "2507" and inserting
"2503";
(3) in subsection (d), by striking "2507" and inserting "2503";
and
(4) in subsection (eXD, by striking "2507" and inserting "2503".
(g) SECTION 2510.—Section 2510(bX2), as added by section 221 of
the Health Omnibus Programs Extension of 1988, is amended in the 42 use
first sentence, by striking "the program involved" and inserting 300ee-20.
"section 2501(a)".
(h) SECTION 2512.—Section 2512, as added by section 221 of the
Health Omnibus Programs Extension of 1988, is amended in the last 42 use
sentence, by striking "2301" and insertmg "2301(a)". 300ee-22.
102 STAT. 4244 PUBLIC LAW 100-690—NOV. 18, 1988
(i) SECTION 2524.—Section 2524(bX2), as added by section 221 of the
42 use Health Omnibus Programs Extension of 1988, is amended by strik-
300ee-34. ing "this section" and inserting "the AIDS Amendments of 1988".
SEC. 2620. AMENDMENT TO SECOND TITLE XXV AND TO CERTAIN OTHER
PROVISIONS.
(a) TITLE XXV.—The second title XXV (relating to miscellaneous
provisions), as redesignated by section 201 of the Health Omnibus
Programs Extension of 1988 and made the second such title pursuant
to section 221 of the Health Omnibus Programs Extension of 1988, is
amended by redesignating such title as title XXVI and by redesig-
42 use nating sections 2501 through 2514 as sections 2601 through 2614.
300ee-ll— (b) CERTAIN OTHER PROVISIONS.—The Public Health Service Act
300ee-24. (42 U.S.C. 201 et seq.) is amended—
42 u s e 286. (1) in section 465(f), by striking "2501" and inserting "2601";
42 u s e 289f. (2) in section 497, by striking "2501" and inserting "2601";
and
42 u s e 242c. (3) in section 305(i), by striking "2513" each place it appears
and inserting "2613".
CHAPTER 3—TECHNICAL AND CONFORMING
AMENDMENT TO FEDERAL FOOD, DRUG, AND
COSMETIC ACT
SEC. 2631. AMENDMENT TO SECTION 903.
Section 903(bX2) of the Federal Food, Drug, and Cosmetic Act (£is
added by section 503 of the Health Omnibus Programs Extension of
21 u s e 393. 1988) is amended by inserting "jfor executing this Act and" after
"shall be responsible".
CHAPTER 4—MISCELLANEOUS
SEC. 2641. MISCELLANEOUS.
If the bill, H.R. 4833, of the One Hundredth Congress, is enacted,
and the Health Omnibus Programs Extension of 1988 has not been
enacted, then title VIII of the Public Health Service Act is amended
to read as if such H.R. 4833 had not been enacted. If the Health
Omnibus Programs Extension of 1988 is enacted, and the bill, H.R.
4833, of the One Hundredth (Ilongress, is subsequently enacted, then
title VIII of the Public Health Service Act is amended to read as if
such H.R. 4833 had not been enacted.
TITLE III—DRUG ABUSE EDUCATION AND
PREVENTION
SEC. 3001. TABLE OF CONTENTS.
The table of contents for this title is as follows:
TITLE III—DRUG ABUSE EDUCATION AND PREVENTION
Sec. 3001. Table of contents.
Subtitle A—Drug and Alcohol Abuse Education Programs
CHAPTER 1—ALCOHOL ABUSE EDUCATION PROGRAMS
Sec. 3101. Innovative alcohol abuse education programs.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4245
CHAPTER 2—DRUG ABUSE EDUCATION FOR PARTICIPANTS IN THE SPECIAL
SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
Sec. 3201. Drug abuse education for participants in the special supplemental food
program for women, infants, and children.
CHAPTER 3—AMENDMENTS TO THE DRUG-FREE SCHOOLS AND COMMUNITIES ACT OF
1986
Sec. 3301. Authorization of appropriations.
Sec. 3302. Limitation on administrative costs.
Sec. 3303. State programs.
Sec. 3304. State applications.
Sec. 3305. Responsibilities of State agencies. •
Sec. 3306. Local drug abuse education and prevention programs.
Sec. 3307. Reports.
Sec. 3308. Teacher training.
Sec. 3309. Federal activities.
Sec. 3310. Drug-free schools model criteria and forms.
Sec. 3311. Development of early childhood education drug abuse prevention curricu-
lum materials.
CHAPTER 4—COMMUNITY-BASED VOLUNTEER DEMONSTRATION PROJECTS FOR DRUG
ABUSE EDUCATION AND PREVENTION SERVICES AND ACTIVITIES
Sec. 3401. Community-based volunteer demonstration projects for drug abuse educa-
tion and prevention services and activities.
Sec. 3402. Extension of drug abuse prevention programs under the Domestic yolun-
teer Service Act.
Subtitle B—Drug Abuse Education and Prevention
CHAPTER 1—DRUG EDUCATION AND PREVENTION RELATING TO YOUTH GANGS
Sec. 3501. Establishment of drug abuse education and prevention program relating
to youth gangs.
Sec. 3502. Application for grants and contracts.
Sec. 3503. Approval of applications.
Sec. 3504. Coordination with juvenile justice programs.
Sec. 3505. Authorization of appropriations.
CHAPTER 2—PROGRAM FOR RUNAWAY AND HOMELESS YOUTH
Sec. 3511. Establishment of program.
Sec. 3512. Annual report.
Sec. 3513. Authorization of appropriations.
Sec. 3514. Applications.
Sec. 3515. Review of applications.
CHAPTER 3—COMMUNITY PROGRAM
Sec. 3521. The Community Youth Activity Program.
Sec. 3522. Evaluation of drug abuse education and prevention efforts.
Subtitle C—Miscellaneous
Sec. 3601. Definitions.
Subtitle A—Drug and Alcohol Abuse
Education Programs
CHAPTER 1—ALCOHOL ABUSE EDUCATION PROGRAMS
SEC. 3101. INNOVATIVE ALCOHOL ABUSE EDUCATION PROGRAMS.
Part F of title IV of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 3151 et seq.) is amended—
(1) by redesignating section 4607 as section 4608, and 20 USC 3156a.
(2) by inserting after section 4606 the following new section:
102 STAT. 4246 PUBLIC LAW 100-690—NOV. 18, 1988
20 u s e 3156-1. "SEC. 4607. INNOVATIVE ALCOHOL ABUSE EDUCATION PROGRAMS.
"(a) PROGRAMS FOR CHILDREN OF ALCOHOUCS.—The Secretary is
authorized to develop materials for innovative p r c ^ a m s of alcohol
abuse education, especially prc^rams that focus on the effect of the
disease of alcoholism on families of alcoholics, particularly with
respect to children of alcohoUcs. P r ( ^ a m s for which materials are
developed under the preceding sentence should be programs de-
signed to benefit young children, particularly children in g r a d ^ 5
through 8.
Grants. "(b) TRAINING PROGRAMS FOR EDUCATORS.—The Secretary may
make grants to programs for educators that are designed to—
"(1) increase awareness of children's problems that may be
caused by an alcoholic parent;
"(2) enhance the abUity of such educators to identify children
at risk for alcohol abuse;
"(3) inform such educators concerning referral of children of
alcoholics for appropriate professional treatment; and
"(4) train such educators to inform the public about the
special problems of children who have an alcoholic parent".
CHAPTER 2—DRUG ABUSE EDUCATION FOR PARTICIPANTS
IN THE SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR
WOMEN, INFANTS, AND CHILDREN
SEC. 3201. DRUG ABUSE EDUCATION FOR PARTICIPANTS IN THE SPECIAL
SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN.
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is
amended as folloMrs:
(1) PURPOSE.—Subsection (a) is amended by striking "health
problems" in the last sentence and inserting "health problems,
including drug abuse,".
(2) DEFINITION.—Subsection (b) is amended by adding at the
end the following new paragrajph:
"(16) 'Drug abuse education means—
"(A) the provision of information concerning the dangers
of drv^ abuse;
"(B) the referral of participants who are suspected drug
abusers to drug abuse clinics, treatment programs, coun-
selors, or other drug abuse professionals; and
"(C) the provision of materials developed by the Secretary
under subsection (n).".
(3) EDUCATION.—Subsection (eXD is amended by inserting
"and drug abuse education" after "nutrition education" each
place it appears in the first and second sentences.
(4) STATE PLAN.—Subsection (f) is amended—
(A) in paragraph (IXCXiii), by inserting "drug abuse edu-
cation," after "family planning,", and
(B) in paragraph (14XA), by inserting "and drug abuse
education" after 'education".
(5) NATIONAL ADVISORY COUNCIL ON MATERNAL, INFANT, AND
FETAL NUTRITION.—Subsection (kXD is amended—
(A) in the first sentence, by striking "twenty-one" and
inserting "twenty-three", and
(B) in the last sentence—
(i) by striking "and" the last place it appears, and
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4247
(ii) by striking the period at the end and inserting
the following: "; one member shall be an expert in drug
abuse education and prevention; and one member shall
be an expert in alcohol abuse education and
prevention. .
(6) STUDY; AUTHORIZATION OF APPROPRIATIONS.—Such section
is amended by adding at the end the following new subsection:
"(n)(l) The Secretary, before the end of the 6-month period begin-
ning on the date of the enactment of this Act, shall, directly or
through grant or contract, conduct a study with respect to appro-
priate methods of drug abuse education instruction.
"(2) The Secretary shall—
"(A) directly, or through grant or contract, prepare materials
for purposes of drug abuse education provided under this sec-
tion; and
"(B) distribute the materials prepared under subparagraph
(A) to each State agency for distribution to local agencies
participating in the program under this section.
"(3) There is authorized to be appropriated— Appropriation
"(A) $500,000 for the fiscal year 1989 for purposes of carrying authorization.
out the study required by paragraph (1);
"(B) $2,750,000 for the fiscal year 1989 and such sums as may
be necessary for each succeeding fiscal year for purposes of
preparing drug abuse education materials £is required by para-
graph (2XA); and
"(C) $6,750,000 for the fiscal year 1989 and such sums as may
be necessary for each succeeding fiscal year for purposes of—
"(i) distributing drug abuse education materials as re-
quired by paragraph (2)(B); and
"(ii) making referrals under drug abuse education
programs.
"(4) The State agency, in each fiscal year, shall provide drug abuse
education to participants in the program under this section
commensurate with amounts appropriated for such fiscal year
pursuant to the authorizations contained in paragraph (3).".
CHAPTER 3—AMENDMENTS TO THE DRUG-FREE SCHOOLS
AND COMMUNITIES ACT OF 1986
SEC. 3301. AUTHORIZATION OF APPROPRIATIONS. 20 USC 3181.
Section 5111(a) of the Drug-Free Schools and Communities Act of
1986 (hereafter in this chapter referred to as the "Act") (20 U.S.C.
3181 et seq.) is amended by striking "$250,000,000 for the fiscal year
1989" and inserting "$350,000,000 for the fiscal year 1989".
SEC. 3302. LIMITATION ON ADMINISTRATIVE COSTS.
Section 5121(a) of the Act (20 U.S.C. 3191(a)) is amended—
(1) by inserting "(1)" after "PROGRAM.—"; and
(2) by adding at the end the following new paragraph:
"(2) Not more than 2.5 percent of the amount reserved under
paragraph (1) may be used for administrative costs of the chief
executive officer of the State incurred in carrying out the duties of
the chief executive officer under this part.".
SEC. 3303. STATE PROGRAMS.
(a) INTRASTATE CENTERS AUTHORIZED.—Section 5122 of the Act (20
U.S.C. 3192) is amended as follows:
102 STAT. 4248 PUBLIC LAW 100-690—NOV. 18, 1988
(1) IN GENERAL.—Subsection (a) is amended—
(A) by striking "and" at the end of paragraph (5);
(B) by striking the period at the end of paragraph (6) and
inserting "; and"; and
(C) by adding at the end the following new paragraph:
"(7) intrastate drug and alcohol abuse education and preven-
tion centers for providing outreach, consultation, training, and
referral services to schools, organizations, and members of the
community, except that—
"(A) any administrative expenses of such centers, includ-
ing overhead expenses, shall be considered, for the purposes
of section 5121(aX2), to be administrative costs of the chief
administrative officer of the State incurred in carrying out
the duties of the chief executive officer under this part;
"(B) amounts made available for purposes of this para-
graph may not be used for building or construction; and
"(C) the activities of any such center that receives assist-
ance under this paragraph shall be coordinated with the
activities of other relevant centers in the State.".
(2) INNOVATIVE PROGRAMS.—Subsection (b) is amended—
(A) in paragraph (1), by inserting "that are designed"
after "coordinated services";
(B) in paragraph (2)—
(i) by redesignating subparagraphs (B) through (I) as
subparagraphs (C) through (J), respectively; and
(ii) by adding after subparagraph (A) the following
new subparagraph:
"(B) has experienced repeated failure in school;"; and
(C) by adding at the end the following new paragraph:
"(3) Not more than 10 percent of participants in programs under
paragraph (1) may be individuals who are not high-risk youth if the
Secretary determines that the participation of such individuals will
not significantly diminish the amount or quality of services provided
to high-risk youth.".
(3) LIMITATION ON USE OF FUNDS.—Such section is further
amended by adding at the end the following new subsection:
"(c) Amounts made available to the chief executive officer of a
State for use under this section shall be expended only for activities
that—
"(1) are authorized under subsection (a) or (b); and
"(2) have demonstrable benefits for individuals who are eli-
gible to participate in such activities.".
SEC. 3304. STATE APPLICATIONS.
Section 5123(b) of the Act (20 U.S.C. 3193(b)) is amended—
(1) by redesignating paragraphs (6) through (9) as paragraphs
(7) through (10), respectively;
(2) by adding after paragraph (5) the following new
paragraph:
"(6) include a comprehensive plan describing how money
allocated to the chief executive officer is to be used;";
(3) by striking "and" at the end of paragraph (9) (as redesig-
nated by paragraph (1));
(4) by striking the period at the end of paragraph (10) (as
redesignated by paragraph (D) and inserting "; and"; and
(5) by adding at the end the following new paragraph:
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4249
"(11) provide a description of State teacher certification
requirements, if applicable, r^arding training in drug and
alcohol abuse education and prevention.''.
SEC 3305. RESPONSIBILITIES OF STATE AGENCIES.
Section 5124(bX2) of the Act (20 U.S.C. 3194(bX2)) is amended to
read as follows:
"(2) the development, identification, and dissemination of the
most readily available, accurate, and up-to-date model curricu-
lum materials for consideration by l o ( ^ educational agencies
and for evaluation of the materials;".
SEC 3306. LOCAL DRUG ABUSE EDUCATION AND PREVENTION PRO-
GRAMS.
Section 5125(a) of the Act (20 U.S.C. 3195(a)) is amended—
(1) in paragraph (1), by striking "curricula" and all that
follows through the semicolon and inserting the following:
"curricula and textbooks and materials, including audio-visual
materials—
"(A) developed fix)m the most readily available, accurate,
and up-to-date information; and
"(B) which clearly and consistently teach that illicit drug
use is wrong and harmful;";
(2) in paragraph (4), by striking "and parents," and inserting
the following: ", parents, and immediate families,";
(3) by redesignating paragraphs (5) through (12) as paragraphs
(7) through (14), respectively; and
(4) by adding after paragraph (4) the following new
paragraphs:
"{5) outreach activities, drug and alcohol abuse education and
prevention programs, and referral services, for school dropouts;
"(6) guidance counseling programs and referral services for
parents and immediate families of drug and alcohol abusers;".
SEC 3307. REPORTS.
Section 5127 of the Act (20 U.S.C. 3197) is amended to read as
follows:
'^EC 5127. REPORTS.
"(a) STATE REPORTS.—^Each State shall submit to the Secretary a
biennial report that contains information on the State and local
programs conducted with assistance furnished under this title. Each
such report shaU—
(1) be in a standard format;
"(2) request standard information as prescribed by the Sec-
retary; and
"(3) include—
"(A) a description of the drug and alcohol problem in the
elementary and secondary schools in the State as of the
date of the report;
"(B) a description of the range of drug and alcohol policies
in the schools in the State;
"(O the number of individuals served by this title;
"(D) the demographic characteristics of populations
served;
"(E) types of service provided and duration of the
services;
102 STAT. 4250 PUBLIC LAW 100-690—NOV. 18, 1988
"(F) information on how the State has targeted the popu-
lations listed under section 5122(b)(2); and
"(G) a description of the model drug and alcohol abuse
education and prevention programs in the State that have
been demonstrated to be effective.
"(b) LOCAL REPORTS.—Each State educational agency shall request
the information required to prepare the biennial reports required by
subsection (a) as part of the local educational agency application and
progress reports required by section 5126. Information requested
under the preceding sentence shall be limited to information de-
scribed in section 5126 and subsection (a).".
SEC. 3308. TEACHER TRAINING.
(a) I N GENERAL.—The Act is further amended—
(1) by redesignating parts C through E as parts D through F,
respectively; and
(2) by inserting after part B the following new part:
"PART C—TEACHER TRAINING
20 use 3201. "SEC. 5128. PROGRAM AND ALLOCATIONS.
Grants. "(a) IN GENERAL.—From amounts appropriated pursuant to the
State and l^al authorization contained in section 5111(aX2), the Secretary shall
governmen . make grants to State educational agencies, local educational agen-
cies, and institutions of higher education for teacher training pro-
grams in accordance with this part.
"(b) U S E OF FUNDS.—Amounts made available under this part
shall be used to establish, expand, or enhance programs and activi-
ties for the training of teachers, administrators, guidance coun-
selors, and other educational personnel concerning drug and alcohol
abuse education and prevention. Such programs shall be coordi-
nated through the State agency for higher education or State edu-
cational agency, as appropriate, and, shall be coordinated, as appro-
priate, with the activities of the regional centers established under
section 5135.
"(c) APPUCATIONS.—(1) In order to be eligible to receive a grant
under this section for any fiscal year, a State educational agency, a
local or intermediate educational agency, an institution of higher
education, or consortium thereof, shall submit an application to the
Secretary at such time and in such manner as the Secretary shall
prescribe.
"(2) Each such application shall—
"(A) set forth the activities and programs to be carried out
with funds paid under this part;
"(B) contain an estimate of the cost for the establishment and
operation of such programs;
"(C) provide assurances that the Federal funds made avail-
able under this section shall be used to supplement and, to the
extent practical, to increeise the level of funds that would, in the
absence of such Federal funds, be made available by the ap-
plicant for the purpose described in this part, and in no case to
supplant such funds;
(D) provide assurances of compliance with the provisions of
this part; and
"(E) include such other information and assurances as the
Secretary reasonably determines to be necessary.".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4251
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 5111(a) of the Act
(20 U.S.C. 3181(a)) (as amended by section 3301) is further
amended—
(1) by inserting "(1)" after the subsection designation;
(2) by inserting after "title" the following: "(other than part
O"; and
(3) by adding at the end the following new paragraph:
"(2)(A) Except as provided in subparagraph (B), there are au- Appropriation
thorized to be appropriated for purposes of carrying out part C authorization.
$16,000,000 for fiscal year 1989, and $20,000,000 for each succeeding
fiscal year ending prior to October 1,1993.
"(B) No funds may be appropriated for any fiscal year pursuant to
the authorization contained in subparagraph (A) unless the amount
appropriated for such fiscal year pursuant to the authorization
contained in paragraph (1) is not less than $230,000,000.".
SEC. 3309. FEDERAL ACTIVITIES.
Section 5132 of the Act (20 U.S.C. 3212) is amended as follows:
(1) DISSEMINATION OF MATERIALS AND COORDINATION OF ACTIVI-
TIES.—Subsection (b)(3) is amended—
(A) by inserting after "disseminate" the following: "the
most readily available, accurate, and up-to-date"; and
(B) by inserting before the semicolon the following: ", and
coordinate activities that complement media efforts of
groups such as the Partnership for a Drug-Free America,
professional and amateur sports organizations, and other
public service organizations'.
(2) STUDIES.—Subsection (c) is amended—
(A) by inserting "(1)" before "The";
(B) by striking the last sentence; and
(C) by adding at the end the following new paragraphs:
"(2) The Secretary shall summarize and consolidate the biennial
reports submitted under section 5127(a) and shall transmit such
summary and consolidation, together with recommendations for
future education and prevention efforts, to the Associate Director of
the Office of National Drug Control Policy, and to the Congress.
"(3)(A) The Secretary, in consultation with the Secretary of
Health and Human Services, shall conduct an independent evalua-
tion, directly or by contract, of a representative sample of programs
assisted under this title and shall identify successful projects which
may be replicated by other local educational agencies throughout
the country. The Secretary shall submit to the Congress— Reports,
"(i) an interim report containing the results of such evalua-
tion and a description of such projects not later than October 1,
1991, and
"(ii) a final report containing such information not later than
January 1,1994.
"(B) The Secretary shall ensure that the information contained in
the reports required by subparagraph (A) is submitted for dissemina-
tion to the National Diffusion Network and through the regional
centers established under section 5135.".
SEC. 3310. DRUG-FREE SCHOOLS MODEL CRITERIA AND FORMS.
Section 5142 of the Act (20 U.S.C. 3222) is amended—
(1) by redesignating subsection (b) £is subsection (c); and
(2) by inserting the following new subsection after subsec-
tion (a):
102 STAT. 4252 PUBLIC LAW 100-690—NOV. 18, 1988
"(b) MODEL CRITERIA AND FORMS.—The Secretary, in consultation
with a representative sample of national educational organizations,
shall develop model criteria and forms for the collection of data and
information with respect to programs assisted under this title. In
order to enable schools and community-based organizations to share
uniform data and information with respect to programs assisted
under this title, the model criteria and forms shall be disseminated
to the regional centers established under section 5135 as a resource
for State and local educational programs.".
SEC. 3311. DEVELOPMENT OF EARLY CHILDHOOD EDUCATION DRUG
ABUSE PREVENTION CURRICULUM MATERIALS.
The Act is further amended—
(1) by redesignating part F (as redesignated by section 3158) as
part G; and
(2) by inserting after part E the following new part:
"PART F—DEVELOPMENT OF EARLY CHILD-
HOOD EDUCATION DRUG ABUSE PREVENTION
CURRICULUM MATERIALS
20 u s e 3227. "SEC. 5151. PROGRAM AUTHORIZED.
"(a) GENERAL AUTHORITY.—The Secretary shsdl, in consultation
with the Secretary of Health and Human Services, provide for the
development of age-appropriate drug abuse education and preven-
tion curricula, programs, and training materials for use in early
child development programs, and provide for the dissemination of
such materials to early child development programs, including Head
Start programs, preschool programs funded under chapter 1 of title I
of the Elementary and Secondary Education Act of 1965, programs
funded under the Education of the Handicapped Act, and such other
preschool programs £is the Secretary deems appropriate.
"(b) RESERVATION.—The Secretary shall, from amounts reserved
under section 5112(aX5), reserve not less than $1,000,000 to carry out
the development and dissemination of the materials required by this
part.".
CHAPTER 4—COMMUNITY-BASED VOLUNTEER
DEMONSTRATION PROJECTS FOR DRUG ABUSE
EDUCATION AND PREVENTION SERVICES AND
ACTIVITIES
SEC. 3401. COMMUNITY-BASED VOLUNTEER DEMONSTRATION PROJECTS
FOR DRUG ABUSE EDUCATION AND PREVENTION SERVICES
AND ACTIVITIES.
(a) PROGRAM AUTHORIZED.—
(1) GENERAL AUTHORITY.—Section 124 of the Domestic Volun-
42 use 4994. teer Service Act of 1973 (42 U.S.C. 4951 et seq.) is amended—
(A) by inserting "(a)" after the section designation; and
(B) by adding at the end the following new subsection:
Grants. "(bXD The Director is authorized to make grants to public and
nonprofit organizations for innovative, community-based volunteer
demonstration projects which provide comprehensive drug abuse
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4253
education and prevention services and activiti^ to youths during
the summer months. Such projects may include—
"(A) extending effective school-based programs, or other pro-
grams operated during the school year, to the summer months;
"(B) developing or expanding summer recreational, volunteer
service, and youth development activities to provide for youths
positive alternatives to illicit drug use; and
"(Q incorporating drug abuse education and prevention
activities in public and private prt^ams which serve youths
during the summer months.
"(2) In awarding grants under this subsection, the Director shall
give priority to projects that—
"(A) serve h%h-risk youths; and
"(B) provide opportimities for parent involvement.
"(3) The Director may not limit the number of years for which
eligible entities may apply for and receive grants.
"(4) For the purposes of this subsection, the term 'high-risk youth'
has the meaning given such term in section 5122(bX2) of the Ele-
mentary and Serandary Education Act of 1965.".
(2) TECHNICAL AMENDMENT.—^The table of contents contained
in the first section of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4951 note) is amended by inserting after the
item relating to section 123 the following new item:
"Sec. 124. Special initiatives.".
SEC 3402. EXTENSION OF DRUG ABUSE PREVENTION PROGRAMS UNDER
THE DOMESTIC VOLUNTEER SERVICE ACT.
Section 501 of the Domestic Volunteer Service Act (42 U.S.C. 5081)
is amended—
(1) in subsection (c)—
(A) by inserting "(other than section 124(b))" in the first
sentence after "of this Act"; and
(B) by adding at the end the following: "In addition to the Appropriation
amounts authorized to be appropriated by the preceding authorization.
sentences, there are authorized to be appropriated for sup-
port of drug abuse prevention $4,000,000 in the fiscal year
1989, and $5,000,000 for each of the fiscal years 1990 and
1991. With respect to amounts appropriated for any fiscal
year pursuant to the authorization contained in the preced-
ing sentence, the Director—
"(1) shall use not less than 15 percent and not more than 25
percent of such amounts for purposes of carrying out section
124(b); and
"(2) shall ensure that not more than $500,000 is used for
program support."; and
(2) in subjection (dXD, by inserting "(other than section
1240)))" after "title I" the first place it appears.
102 STAT. 4254 PUBLIC LAW 100-690—NOV. 18, 1988
Subtitle B—Drug Abuse Education and
Prevention
CHAPTER 1—DRUG EDUCATION AND
PREVENTION RELATING TO YOUTH GANGS
42 u s e 11801. SEC. 3501. ESTABLISHMENT OF DRUG ABUSE EDUCATION AND PREVEN-
TION PROGRAM RELATING TO YOUTH GANGS.
Grants. The Secretary of Health and Human Services, through the
Contracts. Administration on Children, Youth, and Families, shall make grants
to, and enter into contracts with, public and nonprofit private
agencies, organizations (including community based organizations
with demonstrated experience in this field), institutions, and
individuals, to carry out projects and activities—
(1) to prevent and to reduce the participation of youth in the
activities of gangs that engage in illicit drug-related activities,
(2) to promote the involvement of youth in lawful activities in
communities in which such gangs commit drug-related crimes,
(3) to prevent the abuse of drugs by youth, to educate youth
about such abuse, and to refer for treatment and rehabilitation
members of such gangs who abuse drugs,
(4) to support activities of local police departments and other
local law enforcement agencies to conduct educational outreach
activities in communities in which gangs commit drug-related
crimes,
(5) to inform gang members and their families of the availabil-
ity of treatment and rehabilitation services for drug abuse,
(6) to facilitate Federal and State cooperation with local
school officials to assist youth who are likely to participate in
gangs that commit drug-related crimes,
(7) to facilitate coordination and cooperation among—
(A) local education, juvenile justice, employment and
social service agencies, and
(B) drug abuse referral, treatment, and rehabilitation
programs,
for the purpose of preventing or reducing the participation of
youth in activities of gangs that commit drug-related crimes,
and
(8) to provide technical assistance to eligible organizations in
planning and implementing drug abuse education, prevention,
rehabilitation, and referral programs for youth who are mem-
bers of gangs that commit drug-related crimes.
42 u s e 11802. SEC. 3.'>02. APPLICATION FOR GRANTS AND CONTRACTS.
(a) SUBMISSION OF APPUCATIONS.—Any agency, organization,
institution, or individual desiring to receive a grant, or to enter into
a contract, under section 3501 shall submit to the Secretary an
application at such time, in such manner, and containing or accom-
panied by such information as the Secretary may require by rule.
0?) CONTENTS OF APPUCATION.—Each application for assistance
under this chapter shall—
(1) set forth a project or activity for carrying out one or more
of the purposes specified in section 3501 and specifically identify
each such purpose such project or activity is designed to carry
out,
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4255
(2) provide that such project or activity shall be administered
by or under the supervision of the applicant,
(3) provide for the proper and efficient administration of such
project or activity,
(4) provide for r^ular evaluation of the operation of such
project or activity,
(5) provide that r^ular reports on such project or activity Reports.
shall be submitted to the Secretary, and
(6) provide such fiscal control and fund accounting procedures
as may be necessary to ensure prudent use, proper disburse-
ment, and accurate accounting of funds received under this
chapter.
SEC. 3503. APPROVAL OF APPLICATIONS. 42 USC 11803.
In selecting among applications submitted under section 3502(a),
the Secretary shall give priority to applicants who propose to carry
out projects and activities—
(1) for the purposes specified in section 3501 in ge(^raphical
areas in which frequent and severe drug-related crimes are
committed by gangs whose membership is composed primarily
of youth, and
(2) that the applicant demonstrates that it has the broad
support of community based organizations in such geographical
areas.
SEC 3504. COORDINATION WITH JUVENILE JUSTICE PROGRAMS. 42 USC 11804.
The Secretary shall coordinate the program established by section
3501 with the programs and activities carried out under the Juve-
nile Justice and Delinquency Prevention Act of 1974 and with
the programs and activities of the Attorney General, to ensure that
aU such programs and activities are complementary and not
duplicative.
SEC 3505. AUTHORIZATION OF APPROPRIATIONS. 42 USC 11805.
To carry out this chapter, there are authorized to be appropriated
$15,000,000 for the fiscal year 1989 and such sums as may be
necessary for each of the fiscal years 1990 and 1991.
CHAPTER 2—PROGRAM FOR RUNAWAY AND
HOMELESS YOUTH
SEC 3511. ESTABLISHMENT OF PROGRAM. 42 USC 11821.
(a) The Secretary shall make grants to public and private non- Grants.
profit agencies, organizations, and institutions to carry out research, Research and
demonstration, and services projects designed— development.
(1) to provide individual, family, and group counseling to
runaway youth and their families and to homeless youth for the
purpose of preventing or reducing the illicit use of d r u ^ by such
youth,
(2) to develop and support peer counseling programs for run-
away and homeless youth related to the illicit use of dru^,
(3) to develop and support community education activities
related to illicit use of drugs by runaway and homeless youth,
including outreach to youth individually,
(4) to provide to runaway and homeless youth in rural areas Rural areas.
assistance (including the development of community support
groups) related to the illicit use of drugs.
102 STAT. 4256 PUBLIC LAW 100-690—NOV. 18, 1988
(5) to provide to individuals involved in providing services to
runaway and homeless youth, information and training regard-
ing issues related to the illicit use of drugs by runaway and
homeless youth,
(6) to support research on the illicit drug use by runaway sind
homeless youth, and the effects on such youth of drug abuse by
family members, and any correlation between such use and
attempts at suicide, and
(7) to improve the availability and coordination of local serv-
ices related to drug abuse, for runaway and homeless youth.
(b) PRIORITY.—In selecting among applicants for grants under
subsection (a), the Secretary shall give priority to agencies and
organizations that have experience in providing services to runaway
and homeless youth.
(c) LIMITATION.—Grants under this section may be made for a
period not to exceed 3 years.
42 u s e 11822. SEC. 3512. ANNUAL REPORT.
Not later than 180 days after the end of a fiscal year for which
funds are appropriated to carry out this chapter, the Secretary shall
submit to the President, the Speaker of the House of Representa-
tives, and the President pro tempore of thfe Senate a report that
contains—
(1) a description of the types of projects and activities for
which grants were made under this chapter for such fiscal year,
(2) a description of the number and characteristics of the
youth and families served by such projects and activities, and
(3) a description of exemplaiy projects and activities for which
grants were made under this chapter for such fiscal year.
42 u s e 11823. SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—Subject to subsection (b), to carry out this
chapter, there are authorized to be appropriated $15,000,000 for
fiscal year 1989 and such sums as may be necessary for each of the
fiscal years 1990 and 1991.
0)) LIMITATION.—No funds are authorized to be appropriated for a
fiscal year to carry out this chapter unless the aggregate amount
appropriated to carry out title III of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5701-5751) for such
fiscal year is not less than the aggregate amount appropriated to
carry out such title for the preceding fiscal year.
42 u s e 11824. SEC. 3514. APPLICATIONS.
(a) SUBMISSION OF APPUCATION.—Any State, unit of local govern-
ment (or combination of units of local government), agency,
organization, institution, or individual desiring to receive a grant, or
enter into a contract, under this chapter shall submit an application
at such time, in such manner, and containing or accompanied by
such information as may be prescribed by the Federal officer who is
authorized to make such grant or enter into such contract (herein-
after in this chapter referred to as the "appropriate Federal
officer").
(b) CONTENTS OF APPUCATION.—In accordance with guidelines
established by the appropriate Federal officer, each application for
assistance under this chapter shall—
(1) set forth a project or activity for carrjring out one or more
of the purposes for which such grant or contract is authorized to
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4257
be made and expressly identify each such purpose such project
or activity is designed to carry out,
(2) provide that such project or activity shall be administered
by or under the supervision of the applicant,
(3) provide for the proper and efficient administration of such
project or activity,
(4) provide for regular evaluation of such project or activity,
(5) provide that regular reports on such project or activity Reports.
shall be sent to the appropriate Federal officer, and
(6) provide for such fiscal control and fund accounting proce-
dures as may be necessary to ensure prudent use, proper
disbursement, and accurate accounting of funds received under
this chapter.
SEC. 3515. REVIEW OF APPLICATIONS. 42 u s e 11825.
(a) CONSIDERATION OF FACTORS.—In reviewing applications submit-
ted under this chapter, the appropriate Federal officer shall con-
sider—
(1) the relative cost and effectiveness of the proposed project
or activity in carrying out purposes for which the requested
grant or contract is authorized to be made,
(2) the extent to which such project or activity will incor-
porate new or innovative techniques,
(3) the incre£ise in capacity of the State or the public or
nonprofit private agency, organization, institution, or individual
involved to provide services to address the illicit use of drugs by
runaway and homeless youth,
(4) the extent to which such project or activity serves commu-
nities which have high rates of illicit drug use by juveniles
(including runaway and homeless youth),
(5) the extent to which such project or activity will provide
services in geographical areas where similar services are un-
available or in short supply, and
(6) the extent to which such project or activity will increase
the level of services, or coordinate other services, in the commu-
nity available to eligible youth.
(b) COMPETITIVE PROCESS.—(1) Applications submitted under this
chapter shall be selected for approval through a competitive process
to be established by rule by the appropriate Federal officer. As part Federal
Register,
of such a process, such officer shall publish a notice in the Federal publication.
Register—
(A) announcing the availability of funds to carry out this part,
(B) the general criteria applicable to the selection of ap-
plicants to receive such funds, and
(C) a description of the procedures applicable to submitting
and reviewing applications for such funds.
(2) As part of such process, each application referred to in subsec-
tion (a) shall be subject to peer review by individuals (excluding
officers and employees of the Department of Justice and the Depart-
ment of Health and Human Services) who have expertise in the
subject matter related to the project or activity proposed in such
application.
(c) EXPEDITED REVIEW.—The appropriate Federal officer shall
expedite the consideration of an application referred to in subsection
(a) if the applicant demonstrates, to the satisfaction of the Adminis-
trator, that the failure to expedite such consideration would prevent
102 STAT. 4258 PUBLIC LAW 100-690—NOV. 18, 1988
the effective implementation of the project or activity set forth in
such application.
CHAPTER 3—COMMUNITY PROGRAM
42 u s e 11841. SEC 3521. THE COMMUNITY YOUTH ACTIVITY PROGRAM.
(a) BLOCK GRANT PRCXIRAM.—^The Secretary of Health and Human
Services shall make grants to eligible States to enable such States to
carry out the activities described in subsection (e).
(b) APPUCATION.—
(1) I N GENERAL.—^To be eligible to receive a grant under this
section, a State, acting on its own behalf or on behalf of a
person, shall submit to the Secretary a n application that con-
tains such information and is in such form as may be required
by the Secretary.
(2) DEMONSTRATION OF NEED.—In the application submitted
under paragraph (1), the State shall demonstrate a need for the
activities described in subsections (cX3XB) and (e) and provide a
description of those activities and projects that will receive
financial assistance from a grant made under this section to the
State.
(c) AMOUNT OF GRANT.—
(1) MINIMUM AMOUNT.—^Each State that submits for a fiscal
year a n application under subsection (b) that meets the require-
ments of t h e Secretary shall, subject to the availability of
appropriations, receive a grant in an amount determined in
accordance with paragraph (3). "
(2) PROGRAMS OF NATIONAL SIGNIFICANCE.—Of amounts appro-
priated or otherwise available to carry out this section for any
fiscal year, the Secretary shall reserve 5 percent to be provided
for activities and projects of national significance, such as
activities authorized by section 681(aX2XF) of the Community
Services Block Grant Act (42 U.S.C. section 9910(aX2XF)), or
projects expected to have a significant impact in preventing the
abuse of drugs by youth.
(3) SPECIFIED APPROPRIATIONS.—
(A) I N GENERAL.—Of the aggregate amount appropriated
under subsection (h) for any fiscal year and after reserving
the amount required by paragraph (2), the Secretary shall—
(i) allot—
(I) 25 percent equally among the eligible States if
such amount is less than $40,000,000; or
(II) $250,000 to each eligible State if such amount
equals or exceeds $40,000,000;
Territories, U.S. (ii) allot one-half of 1 percent of such amount on the
basis of need among Guam, American Samoa, the
Virgin Islauids of the United States, the (Commonwealth
of the Northern Mariana Islands, and the Trust Terri-
tory of the Pacific Islands; and
(iii) set aside the remainder to be disbursed as de-
scribed in subparagraph (B).
For purposes of this subparagraph, the term "State" does
not include Guam, American Samoa, the Virgin Islands of
the United States, the Commonwealth of the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4259
(B) REMAINDER.—Amounts referred to in subparagraph
(AXiii) shall be used by the Secretary to make grants, on a
competitive basis and taking into consideration with re-
spect to the States—
(i) the highest proportions of school-aged youth are at
risk of drug abuse;
(ii) if a tangible need h£is been identified by the State
involved; and
(iii) if the State involved has proposed the funding of
additional projects targeted at the areas of highest
need;
to carry out the activities and projects that are consistent
with the activities described in subsection (e)(1). The activi-
ties and projects for which such grants are made shall be
selected by the Secretary from among proposed activities
and projects submitted to the Secretary by the States. Such
grants shall be made to the States for redistribution to the
persons on whose behalf the State submitted an application
under subsection (b).
(d) PRIORITY.—In making grants under this section, the Secretary
shall give priority to—
(1) projects aimed at youth who are not in school or who are at
risk of dropping out of school;
(2) projects that seek to reinvolve dropouts in educational
programs, involve youth community-based activities, develop
training or employment opportunities for dropouts, or provide
youth with alternatives to drug abuse;
(3) projects to provide after-school, vacation, and weekend
activities designed to give youth opportunities to actively
participate in a variety of activities, including youth sports
programs;
(4) activities and projects that are consistent with activities
and projects described in subsection (e)(1) and that include
participation by the business community;
(5) projects that provide outreach to individuals of all ages
who are at high risk of involvement with drug abuse;
(6) projects targeted to communities with the most serious
drug abuse problems to enable such communities to develop
programs that coordinate Federal, State, and local efforts to
develop comprehensive, long-term, community-wide prevention
and education strategies;
(7) projects that seek to involve youth who are members of
gangs or who may join a gang, in—
(A) educati9nal programs;
(B) community-based activities;
(C) training or employment opportunities; or
(D) other alternatives to gang involvement; and
(8) projects that seek to inform youth regarding the existence
and operation of the projects referred to in paragraph (7).
(e) ACTIVITIES AND PROJECTS.—Financial assistance may be pro-
vided with a grant received under subsection (a) under this section
by a State as follows:
(1) COMMUNITY SERVICES AND PARTNERSHIPS.—Such assistance
may be provided for community services and partnerships de-
signed to develop community activities targeted at drug abuse
prevention through education, training, and recreation projects.
102 STAT. 4260 PUBLIC LAW 100-690—NOV. 18, 1988
Such services may be provided by, and such partnerships may
be entered into with—
(A) local educational agencies;
(B) law enforcement agencies;
(C) community-based organizations;
(D) community action agencies;
(E) local or State recreational departments; or
(F) business organizations; and
in consultation with local and State health departments and
with community health or mental health centers when appro-
priate. Such assistance may be provided to any entity described
in subparagraphs (A) through (F), either individually or in
partnerships. Applications for such assistance shall include a
description of the method to be used to evaluate the impact the
particular service or partnership is designed to have on the drug
abuse problem within the community.
(2) OTHER ACTIVITIES AND PROJECTS.—Such assistance may be
provided to carry out projects or activities that are consistent
with the activities and projects described in paragraph (1).
(0 PROJECT EVALUATIONS.—The Secretary shall provide for the
evaluation of activities and projects conducted with financial assist-
ance received under this section. Applications for grants under this
section shall include a description of the method to be used in
evaluating the impact such activities and programs have on the
drug abuse problem within the communities in which such activities
and projects are carried out.
(g) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section,
there are authorized to be appropriated $40,000,000 for fiscal year
1989, $55,000,000 for fiscal year 1990, $60,000,000 for fiscal year 1991,
$66,550,000 for fiscal year 1992, and $73,205,000 for fiscal year 1993.
42 u s e 11842. SEC. 3522. EVALUATION OF DRUG ABUSE EDUCATION AND PREVENTION
EFFORTS.
(a) METHOD.—The Secretary of Health and Human Services,
acting through the Administrator, shall develop and conduct a
structured evaluation of the different approaches utilized across the
Nation to reduce drug abuse (as defined in section 3601(6)).
(b) GRANTS.—The Administrator may make grants to or enter into
contracts with appropriate entities for the purpose of conducting the
evaluations required by subsection (a).
(c) TIME OF REPORTS.—The Secretary shall submit a report based
on the evaluations prepared under subsection (a) not later than 1
year after the effective date of this section, and another report based
on such evaluations not later than 3 years after such date. A third
report based on such evaluations shall be submitted by the Sec-
retary not later than January 1,1994.
(d) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section,
there are authorized to be appropriated $12,000,000 in fiscal year
1989, and $15,000,000 for each of the fiscal years 1990 through 1993.
Subtitle C—Miscellaneous
42 u s e 11851. SEC. 3601. DEFINITIONS.
Unless otherwise defined by an Act amended by this title, for
purposes of this title and the amendments made by this title—
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4261
(1) the term "Administrator" means the Administrator of the
Office of Juvenile Justice and Delinquency Prevention,
(2) the term "community based" has the meaning given it in
section 103(1) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5603(1)),
(3) the term "controlled substance" has the meaning given it
in section 102(6) of the Controlled Substances Act (21 U.S.C.
802(6)),
(4) the term "controlled substance analc^ue" has the meaning
given it in section 102(32) of the Controlled Substances Act (21
U.S.C. 802(32)),
(5) the term "drug" means—
(A) a beverage containing alcohol,
(B) a controlled substance, or
(O a controlled substance analc^ue,
(6) the term "Director" means the Director of the ACTION
Agency,
(7) the term "illicit" means unlawful or injurious,
(8) the term "institution of higher education" has the mean-
ing given it in section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)),
(9) the term "public agency" has the meaning given it in
section 103(11) of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5603(11)),
(10) the term "Secretary" means—
(A) the Secretary of Education for purpose of subtitle A
(other than section 3201),
(B) the Secretary of Agriculture for purposes of the
amendments made by section 3201, and
(Q the Secretary of Health and Human Services for
purposes of subtitle B,
(11) the term "State" has the meaning given it in section
103(7) of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5603(7)),
(12) the term "treatment" has the meaning given it in section
103(15) of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5603(15)), and
(13) the term "unit of general local government" has the
meaning given it in section 103(8) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603(8)).
TITLE IV—INTERNATIONAL NARCOTICS International
Narcotics
CONTROL Control
Act of 1988.
Subtitle A—General Provisions
S E C 4001. SHORT TITLE. 22 USC 2151
This title may be cited as the "International Narcotics Control
Act of 1988".
SEC 4002. TABLE OF CONTENTS.
The table of contents for this title is as foUows:
102 STAT. 4262 PUBLIC LAW 100-690—NOV. 18,1988
TTTLE IV-INTERNATIONAL NARCOTICS CONTROL
Subtitle A—General Provisions
Sec. 4001. Short title.
Sec. 4002. Table of contents.
Sec. 4003. DdTinitions.
Subtitle B—Multilateral Narcotics Control Efforts
Sec. 4101. Regional anti-narcotic forces.
Sec. 4102. United Nations efforts to stop illegal drug trafficiung.
Sec. 4103. International drug force.
Sec. 4104. International drug conference.
Sec. 4105. Intfl^tad regional plan to ^fiA the international narcotics tirade.
Sec. 4106. Regional anti-narcotics training center in the Caribbean.
Sec. 4107. Authorization of appn^riatkHis for multilateral and regional drug abuse
progranu.
Sec. 4108. International criminal court.
Subtitle C—Authorizations and Earmarkings of Foreign Assistance
Sec. 4201. Authorizati<m for international narcotics control assistance.
Sec. 4202. Herbicides for aerial coca eradication.
Sec. 4203. Procurement of weapons to defend aircraft involved in narcotics control
efforts.
Sec. 4204. Training for narcotics control activities.
Sec. 4205. Military assistance for anti-^uurcotics efforts.
Sec. 4206. Reallocation of funds withheld from countries which fail to take ade-
quate steps to halt illicit drug production or trafficking.
Subtitle D—Provisions Relating to Specific Countries
Sec. 4301. Coc^rative nonnuyor drug-transit countries.
Sec. 430% Assistance for Bolivia.
Sec. 4303. Assistance for Peru.
Sec. 4304. Assistance for Mexico.
Sec. 4305. Assistance for Colombia.
Sec. 4306. Illicit drug production and trafficking in Pakistan.
Sec. 4307. United States reliance on Ikrit opium gum from foreign sources.
Sec. 4308. Afghanistan as a source of herom.
Sec. 4309. Involvement of the Government of Laos in illicit drug imxluction and
trafficking.
Subtitle E—Annual Reporting and Certification Process
Sec. 4401. Expression in numerical terms of maximum achievable reductions in
iUicit drug production.
Sec. 4402. Reports on assistance denied.
Sec. 4403. Exclusion of certain drug education activities from definition of United
States assistance.
Sec. 4404. Heporis and restrictions on certain countries.
Sec. 4405. Determining nu^r drug-transit cmintries.
Sec. 4406. Waiver of restrictions on United States assistance for certain major drug-
tranirit countries.
Sec. 4407. Annual certification procedures for bilateral and multilateral assistance.
Sec. 4408. Annual certificaticm procedures for trade and aviation sanctions.
Subtitle F—Miscellaneous Provisions Relating to Assistance Programs
Sec. 4501. Reporting on tranrfer of United States assets.
Sec. 4502. Importance of suppressing international narcotics trafTicking.
Sec. 4503. Prohibition on assistance to drug traffickers.
Sec 4504. Procurem«it for international narcotics control assistance.
Sec. 4505. Prohibition on uae of narcotics control assistance to acquire real
property,
Sec. 4506. Reimbursement
teimbur for DOD services used in providing international narcot-
ics control assistance.
Sec. 4507. PermissiUe uses of aircraft and other equipment
Subtitle G—Departnwnt of State Activities
Sec. 4601. Cotnrdination of all United States anti-narcotics assistance to forrifn
countries.
Sec. 4602. Rewards (or certain inf(HTOati<»i.
Sec. 4603. Denial of passports to certain convicted drug traffickers.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4263
Sec. 4604. Machine-readable document border security program.
Sec. 4605. Extradition and mutual l ^ a l assistance treaties and model comprehen-
sive antidrug laws.
Sec. 4606. Overseas investigative program.
Sec. 4607. Assignment of more Dnig Enforcement Administration Agents to United
States embassies.
Subtitle H—International Banking Matters
Sec. 4701. International currency transaction reporting.
Sec. 4702. Restrictions on laundering of United States currency.
Sec. 4703. Export-Import Bank financing for sales of defense articles and services
for anti-narcotics purposes.
Subtitle I—Miscellaneous Provisions
Sec. 4801. Intelligence community actions directed at illicit international drug
traflicking.
Sec. 4802. Correction of technical errors in prior Acts.
Sec. 4803. Resources for certain drug control activities.
Sec. 4804. Consistency with international obligations of the United States.
SEC. 4003. DEFINITIONS. 22 USC 2291
As used in this title, the terms "drug" and "narcotic" mean "° ^
narcotic and jKychotropic drugs and other controlled substances as
defined in section 481(iX3) of the Foreign Assistance Act of 1961.
Subtitle B—Multilateral Narcotics Control
Efforts
SEC. 4101. REGIONAL ANTI-NARCOTICS FORCES. 22 USC 2291
(a) NEED FOR ANTI-NARCOTIGS FORCE IN THE WESTERN HEMI-
SPHERE.—It is the sense of Congress that—
(1) the operations of international illegal drug smuggling
organizations pose a direct threat to the national security of the
member nations of the Oi^anization of American States;
(2) illegal international drug smuggling organizations have
grown so large and powerful that they threaten to overwhelm
small nations standing alone against them;
(3) to preserve the national sovereignty, protect the public
health, and maintain domestic law and order within their
borders, member nations of the Organization of American
States should coordinate their efforts to fight the i l l ^ a l drug
trade;
(4) recent events in drug source and transit countries in the
Western Hemisphere make clear the requirement for inter-
national agreement on the formation of a multinational force to
conduct operations against these i l l ^ a l drug smuggling
organizations;
(5) the United States should make every effort to initiate
diplomatic discussions through the Organization of American
States aimed at achieving agreement to establish and operate a
Western Hemisphere anti-narcotics force; and
(6) sensitive to the legitimate concerns of other member na-
tions of the Organization of American States, the United States
stands ready to provide equipment, training, and financial re-
sources to support the establishment and operation of such an
anti-narcotics force, but believes that the personnel for such a
force should be provided by those nations facing the most
serious threat from drug trafficking organizations.
19-194 0—<11_P=-*
102 STAT. 4264 PUBLIC LAW 100-690—NOV. 18, 1988
OD) DIPLOMATIC DISCUSSIONS REGARDING WESTERN HEMISPHERE RE-
PresidentofU.S. GiONAL FoRCE.—The President shall direct the United States
Ambassador to the Organization of American States, under the
direction of the Secretary of State, to initiate diplomatic discussions
with member nations of the Organization of American States
aimed at securing agreement to the formation of a multinational
force to conduct operations against international illegal drug smug-
gling organizations wherever they may be found in the Western
Hemisphere.
(c) REPORT TO CONGRESS.—Not later than 6 months after the date
of enactment of this Act, the Secretary of State shall report to the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives on the progress
United States diplomatic efforts have made toward achieving agree-
ment on the establishment of such a multinational anti-narcotics
force for the Western Hemisphere.
President of U.S. (d) BUDGET REQUEST.—If diplomatic efforts toward achieving a
multinational anti-narcotics force for the Western Hemisphere dem-
onstrate progress or agreement has been reached on formation of
such a force, the President shall submit to the Congress, within 30
days after submission of the report required by subsection (c),
supplemental budget requests for fiscal years 1989 and 1990 cover-
ing the United States share of the cost of operation and mainte-
nance of such a force.
(e) OTHER REGIONAL ANTI-NARCOTIC FORCES.—The Congress urges
the President to seek the establishment, in each of the relevant
regions of the world, of a multilateral anti-narcotics force similar to
the Western Hemisphere anti-narcotics force contemplated by this
section.
SEC. 4102. UNITED NATIONS EFFORTS TO STOP ILLEGAL DRUG TRAF-
FICKING.
(a) FINDINGS.—The Congress finds that—
(1) the Department of State estimates that in 1987 the world-
wide production of opium was between 1,902 and 3,107 metric
tons, production of cocaine hydrochloride was between 324 and
422 metric tons, and production of marijuana was between
10,930 and 17,625 metric tons;
(2) it is estimated that the value of the illegal drug trade
worldwide is as high as $500,000,000,000 a year;
(3) drug traffickers appear to be intensifying their efforts to
distribute drugs to Western industrialized nations, as a source
of stable currencies;
(4) drug traffickers also appear to be intensifying their efforts
to distribute drugs to developing nations, as a means to increase
their market;
(5) it is estimated that there are between 25,000,000 and
30,000,000 drug addicts worldwide;
(6) the American illegal drug market alone, comprised pri-
marily of marijuana, cocaine, and heroin, annually produces
between $50,000,000,000 and $100,000,000,000 at the retail level;
(7) approximately 35 percent of the inmates of State prisons
were under the influence of illegal drugs at the time they
committed the crime for which they were incarcerated;
(8) it is estimated that there are 26,000,000 regular users of
illegal drugs in the Nation, slightly more than 10 percent of the
Nation's population; and
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4265
(9) over 50 percent of the high school seniors in the Nation
have used marijuana or hashish.
(b) ENCOURAGEMENT FOR ESTABLISHMENT OF INTERNATIONAL
FORCE.—The Congress encourages the United Nations to explore
ways and means to establish an international force or mechanism
aimed at stopping the trafficking of ill^al drugs.
SEC. 4103. INTERNATIONAL DRUG FORCE.
It is the sense of the Congress that the President should call for
international n^otiations for the purpose of agreeing on the
establishment of an international drug force to pursue and
apprehend major international drug traffickers.
SEC 4104. INTERNATIONAL DRUG CONFERENCE.
It is the sense of the Congress that—
(1) the President should convene as soon as possible an inter-
national conference to be known as the International Con-
ference on Combatting Ill^al Drug Production, Trafficking, and
Use in the Western Hemisphere;
(2) this conference should involve the heads of state, the
highest-ranking law enforcement officers, and other appropriate
officials from every government in the Western Hemisphere
that is willing to combat the drug trade, and whose cooperation
the President determines is essential to that goal; and
(3) this conference should focus exclusively on combatting the
drug trade and, in particular, should emphasize enhancing
cooperative efforts among the governments of the Western
Hemisphere to—
(A) substantially reduce the production, cultivation, and
processing of illicit drugs;
(B) eliminate the transshipment of such drugs through
countries in the Western Hemisphere;
iO curb the demand for and use of such drugs in every
country in the Western Hemisphere;
(D) combat the problems of drug-related corruption and
drug money laundering; and
(E) share intelligence information, extradite drug
traffickers, and take other steps necessary to improve law
enforcement efforts against the drug trade.
S E C 4105. INTEGRATED REGIONAL PLAN TO FIGHT THE INTERNATIONAL
COCAINE TRADE.
(a) CONSULTATIONS CONCERNING CREATION OF AN INTEGRATED
PLAN.—^The Secretary of State shall consult with—
(1) the heads of appropriate agencies and departments of the
United States Government,
(2) the governments of those countries in the Western Hemi-
sphere that cultivate, process, or traffic in cocaine, and
(3) the governments of other cocaine consuming countries
about the feasibility of creating a comprehensive, integrated, multi
national plan whose objective would be the substantial reduction or
elimination of the international cocaine trade.
(b) REPORT ON THE INTEGRATED PLAN.—^Not later than 6 months
after the date of enactment of this Act, the Secretary of State shall
report to the Congress on—
102 STAT. 4266 PUBLIC LAW 100-690—NOV. 18, 1988
(1) the feasibility of creating a comprehensive, integrated,
multinational plan whose objective would be the substantial
reduction or elimination of the international cocaine trade;
(2) the measures in such areas as eradication, interdiction,
crop substitution, economic development, extradition, money-
laundering, precursor chemical control, and related fields, that
would be required to achieve such an objective;
(3) the material resources, funding, and technological assist-
ance each producer and transit country would require in order
to achieve such an objective; and
(4) the resources, funding, and other assistance each producer,
transit, and consuming country would be prepared to make
available for such an effort.
SEC. 4106. REGIONAL ANTI-NARCOTICS TRAINING CENTER IN THE CARIB-
BEAN.
It is the sense of the Congress that the Assistant Secretary of
State for International Narcotics Matters—
(1) should seek the establishment of a regional anti-narcotics
training center in the Caribbean;
(2) should contribute funds or other resources to such a
center; and
(3) should seek such contributions from other countries for
such a center.
SEC. 4107. AUTHORIZATION OF APPROPRIATIONS FOR MULTILATERAL
AND REGIONAL DRUG ABUSE CONTROL PROGRAMS.
22 use 2222. Section 302 of the Foreign Assistance Act of 1961 is amended by
adding at the end the following:
"(j) In addition to amounts otherwise available under this section
for such purposes, there are authorized to be appropriated to the
President $3,000,000 for fiscal year 1989 to be available only for
United States contributions to multilateral and regional drug abuse
control programs. Of the amount authorized to be appropriated by
this subsection—
"(1) $2,000,000 shall be for a United States contribution to the
United Nations Fund for Drug Abuse Control;
"(2) $600,000 shall be for the Organization of American States
(OAS) Inter-American Drug Abuse Control Commission (CICAD)
Legal Development Project, except that the proportion which
such amount bears to the total amount of contributions to this
specific project may not exceed the proportion which the United
States contribution to the budget of the Organization of Amer-
ican States for that fiscal year bears to the total contributions to
the budget of the Organization of American States for that
fiscal year; and
"(3) $400,000 shall be for the Organization of American States
(OAS) Inter-American Drug Abuse Control Commission (CICAD)
Law Enforcement Training Project, except that the proportion
which such amount bears to the total amount of contributions
to this specific project may not exceed the proportion which the
United States contribution to the budget of the Organization of
American States for that fiscal year bears to the total contribu-
tions to the budget of the Organization of American States for
that fiscal year.".
^IMt-
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4267
SEC. 4108. INTERNATIONAL CRIMINAL COURT.
(a) I N GENERAL.—It is the sense of the Senate that the President
should begin discussions with foreign governments to investigate the
feasibility and advisability of establishing an international criminal
court to expedite cases regarding the prosecution of persons accused
of having engaged in international drug trafficking or having
committed international crimes.
(b) UNITED STATES CITIZENS.—Such discussions shall not include
any commitment that such court shall have jurisdiction over the
extradition of United States citizens and shall assure that any
international agreement shall recognize the rights and privileges
guaranteed to United States citizens under the United States
Constitution.
Subtitle C—Authorizations and Earmarkings
of Foreign Assistance
SEC. 4201. AUTHORIZATION FOR INTERNATIONAL NARCOTICS CONTROL
ASSISTANCE.
Section 482(a) of the Foreign Assistance Act of 1961 is amended by 22 use 229ia.
striking out paragraphs (1) and (3) and by inserting the following
new paragraph (1) after "(a)":
"(1) To carry out the purposes of section 481, there are authorized
to be appropriated to the President $101,000,000 for fiscal year
1989.".
SEC. 4202. HERBICIDES FOR AERIAL COCA ERADICATION.
(a) EARMARKING OF FUNDS.—The Secretary of State shall use not
less than $500,000 of the funds made available for fiscal year 1989 to
carry out chapter 8 of part I of the Foreign Assistance Act of 1961
(relating to international narcotics control) to finance the testing
and use of safe and effective herbicides for use in the aerial eradi-
cation of coca.
(b) IMPACT ON THE ENVIRONMENT AND HEALTH.—Section 481(d) of
that Act is amended by adding at the end the following: 22 use 2291.
"(5)(A) The President, with the assistance of appropriate Federal President of U.S.
agencies, shall monitor any use under this chapter of a herbicide in
the aerial eradication of coca in order to determine the impact of
such use on the environment and on the health of individuals.
"(B) The President shall report on such impact in the annual Reports.
report required by subsection (e).
"(C) If the President determines that any such use is harmful to
the environment or the health of individuals, the President shall
immediately report that determination to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate, together with such recommenda-
tions as the President deems appropriate.".
SEC. 4203. PROCUREMENT OF WEAPONS TO DEFEND AIRCRAFT IN-
VOLVED IN NARCOTICS CONTROL EFFORTS.
(a) EARMARKING OF MAP FUNDS.—Of the funds available to carry
out chapter 2 of part II of the Foreign Assistance Act of 1961
(relating to the grant military assistance program), $1,000,000 for
fiscal year 1989 shall be made available to arm, for defensive
purposes, aircraft used in narcotics control eradication or interdic-
102 STAT. 4268 PUBLIC LAW 100-690—NOV. 18, 1988
tion efforts. These funds may only be used to arm eiircraft edready in
the inventory of the recipient country, and may not be used for the
purchsise of new aircraft.
(b) NOTIFICATION TO CONGRESS.—The Committee on Foreign Af-
fairs of the House of Representatives and the Committee on Foreign
Relations of the Senate shall be notified of the use of any such funds
for that purpose at least 15 days in advance in accordance with the
reprogramming procedures applicable under section 634A of the
Foreign Assistance Act of 1961.
SEC. 4204. TRAINING FOR NARCOTICS CONTROL ACTIVITIES.
(a) EARMARKING OF FUNDS.—Not less than $2,000,000 of the funds
made available for fiscal year 1989 to carry out chapter 5 of part II
of the Foreign Assistance Act of 1961 (relating to international
military education and training) shall be available only for—
(1) education £ind training in the operation and maintenance
of equipment used in narcotics control interdiction and eradi-
cation efforts of countries in Latin America and the Caribbean
which are described in subsection (c); and
(2) the expenses of deploying, upon the request of the govern-
ment of a foreign country described in subsection (c), Depart-
ment of Defense mobile training teams in that foreign country
to conduct training in military-related individual and collective
skills that will enhance that country's ability to conduct tactical
operations in narcotics interdiction.
(h) UNITS EUGIBLE FOR TRAINING.—Education and training may
be provided under subsection (aXD and training may be provided
under subsection (a)(2) only for foreign law enforcement agencies, or
other units, that are organized for the specific purpose of narcotics
enforcement.
(c) ELIGIBLE COUNTRIES.—Assistance may be provided under this
section only for countries—
(1) which are major illicit drug producing or major drug-
transit countries (as defined in section 481(i) of the Foreign
Assistance Act of 1961);
(2) which have democratic governments; and
(3) whose law enforcement agencies do not engage in a consist-
ent pattern of gross violations of internationally recognized
human rights (as defined in section 502B(dXl) of the Foreign
Assistance Act of 1961).
(d) COORDINATION WITH INTERNATIONAL NARCOTICS CONTROL
ASSISTANCE PROGRAM.—Assistance under this section shall be co-
ordinated with assistance provided under chapter 8 of part I of the
Foreign Assistance Act of 1961 (relating to international narcotics
control).
(e) WAIVER OF SECTION 660.—Assistance may be provided pursuant
to this section notwithstanding the prohibition contained in section
660 of the Foreign Assistance Act of 1961 (relating to police
training).
SEC. 4205. MILITARY ASSISTANCE FOR ANTI-NARCOTICS EFFORTS.
(a) PURPOSES OF ASSISTANCE.—Assistance provided under this sec-
tion shall be designed to—
(1) enhance the ability of friendly governments to control
illicit narcotics production and trafficking;
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4269
(2) strengthen the bilateral ties of the United States with
friendly governments by offering concrete assistance in this
area of great mutual concern; and
(3) strengthen respect for internationally recognized human
rights and the rule of law in efforts to control illicit narcotics
production and trafficking.
(b) WAIVER OF CERTAIN PROVISIONS.—During fiscal years 1989 and
1990, section 660(a) of the Foreign Assistance Act of 1961 shall not
apply with respect to assistance provided under chapter 2 of part II
of that Act (relating to the grant military assistance pr<^ram) to
countries described in subsection (c) for the procurement, for use in
narcotics control, eradication, and interdiction efforts, of weapons or
ammunition for foreign law enforcement agencies, or other units,
that are organized for the specific purpose of narcotics enforcement.
(c) EhjGiBLE COUNTRIES.—^Assistance may be provided under this
section only for countries—
(1) which are major illicit drug producing or major drug-
transit countries (as defined in section 481(i) of the Foreign
Assistance Act of 1961);
(2) which have democratic governments; and
(3) whose law enforcement agencies do not engs^e in a consist-
ent pattern of gross violations of internationally recc^nized
human rights (as defined in section 502B(dXl) of the Foreign
Assistance Act of 1961).
(d) REPORTS TO 0)NGRESS.—^Not less than 15 days before funds are President of U.S.
obligated to provide assistance authorized by this section, the Presi-
dent shall transmit to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate, in accordance with the procedures applicable under
section 634A of the Foreign Assistance Act of 1961, a written
notification which specifies—
(1) the country to which the assistance is to be provided;
(2) the type and value of the assistance to be provided;
(3) the law enforcement agencies or other units that will
receive the assistance; and
(4) an explanation of how the proposed assistance will achieve
the purposes specified in subsection (a) of this section.
(e) REPORTS ON HUBIAN RIGHTS SITUATION.—Section 502B(c) of the
Foreign Assistance Act of 1961 (relating to country-specific human
rights reports upon the request of the foreign affairs committees)
applies with respect to countries for which assistance authorized by
this section is proposed or is being provided.
(f) COORDINATION WITH INNKNATIONAL NARCOTICS CONTROL
ASSISTANCE PROGRAM.—^Assistance under this section shall be co-
ordinated with assistance provided under chapter 8 of part I of the
Foreign Assistance Act of 1961 (relating to international narcotics
control).
(g) BIARBIARKING FOR LATIN AMERICA AND THE CARIBBEAN.—Of the
amounts made available for fiscal year 1989 to carry out chapter 2 of
part n of the Foreign Assistance Act of 1961, $3,500,000 shall be
available only to provide assistance authorized by this section for
countries in Latin America or the Caribbean.
(h) Ck)NFORMiNG AMENDMENTS.—(1) Section 578(a) of the Foreign
Operations, Export Financing, and Related Prc^rams Appropria-
tions Act, 1989 (Public Law 1(X)-461), is amended— Ante, p. 2268-45.
(A) by striking out paragraph (3);
102 STAT. 4270 PUBLIC LAW 100-690—NOV. 18, 1988
(B) in paragraph (4), by striking out "except as provided in
paragraph (3) of this subsection"; and
(C) by redesignating paragraph (4) £is paragraph (3).
Effective date. (2) The amendments made by paragraph (1) shall be effective as of
October 1,1988.
SEC. 4206. REALLOCATION OF FUNDS WITHHELD FROM COUNTRIES
WHICH FAIL TO TAKE ADEQUATE STEPS TO HALT ILLICIT
DRUG PRODUCTION OR TRAFFICKING.
(a) REQUIREMENT T O REALLOCATE.—Chapter 8 of part I of the
Foreign Assistance Act of 1961 is amended by adding at the end the
following:
22 u s e 2291e. "SEC. 486. REALLOCATION OF FUNDS WITHHELD FROM COUNTRIES
WHICH FAIL TO TAKE ADEQUATE STEPS TO HALT ILLICIT
DRUG PRODUCTION OR TRAFFICKING.
"(a) ADDITIONAL ASSISTANCE FOR COUNTRIES TAKING SIGNIFICANT
President of U.S. STEPS.—If any funds authorized to be appropriated for any fiscal
year for security assistance are not used for assistance for the
country for which those funds were allocated because of the require-
ments of section 481(h) or any other provision of law requiring the
withholding of assistance for countries that have not taken adequate
steps to halt illicit drug production or trafficking, the President
shall use those funds for additional assistance for those countries
which have met their illicit drug eradication targets or have other-
wise taken significant steps to halt illicit drug production or
trafficking, as follows:
"(1) INTERNATIONAL NARCOTICS CONTROL ASSISTANCE.—Those
funds may be transferred to and consolidated with the funds
appropriated to carry out this chapter in order to provide
additional narcotics control assistance for those countries.
Funds transferred under this paragraph may only be used to
provide increased funding for activities previously justified to
the Congress. Transfers may be made under this paragraph
without regard to the 20-percent increase limitation contained
in section 610(a). This paragraph does not apply with respect to
funds made available for assistance under the Arms Export
Control Act.
"(2) SECURITY ASSISTANCE.—Any such funds not used under
paragraph (1) shall be reprogrammed within the account for
which they were appropriated (subject to the regular
reprogramming procedures under section 634A) in order to
provide additional security Eissistance for those countries.
"0^) DEFINITION OF SECURITY ASSISTANCE.—As used in this section,
the term 'security assistance' means assistance under chapter 2 of
part II of this Act (relating to the grant military eissistance pro-
gram), chapter 4 of part II of this Act (relating to the Economic
Support Fund), chapter 5 of part II of this Act (relating to inter-
national military education and training), or the Arms Export
Control Act (relating to foreign military sales financing).".
22 u s e 229 le Ob) CONFORMING AMENDMENTS.—(1) The amendment made by
note. subsection (a) of this section supersedes section 578(d) of the Foreign
Operations, Export Financing, and Related Programs Appropria-
tions Act, 1989 (Public Law 100-461).
(2) Funds may be transferred pursuant to paragraph (1) of section
486(a) of the Foreign Assistance Act of 1961 (as enacted by this
section) notwithstanding section 514 of the Foreign Operations,
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4271
Export Fmandng, and Related Programs Appropriations Act, 1989
(as amended by section 589 of that Act), relating to transfers be-
tween accounts.
Subtitle D—Provisions Relating to Specific
Countries
SEC. 4301. COOPERATIVE NONMAJOR DRUG-TRANSIT COUNTRIES.
(a) GREATER ATTENTION.—The Congress urges the Assistant Sec-
retary of State for International Narcotics Matters to give greater
attention, and provide more narcotics control assistance, to those
countries which are drug-transit countries but are not major drug-
transit countries (as defined in section 481(iX5) of the Foreign Assist-
ance Act of 1961) and which are cooperating with the United States
in its international narcotics control efforts.
(b) EARMARKING OF ASSISTANCE.—Of the amounts made available
for fiscal year 1989 to carry out chapter 8 of part I of the Foreign
Assistance Act of 1961 (relating to international narcotics control),
not less than $1,000,000 shall be available only for assistance to
countries described in subsection (a).
SEC. 4302. ASSISTANCE FOR BOLIVIA.
(a) SECURITY ASSISTANCE.—For fiscal year 1989, assistance may be
provided for Bolivia under chapter 2 (relating to the grant military
assistance pr(^ram), chapter 4 (relating to the Economic Support
Fund), and chapter 5 (relating to international mUitary education
and training) of part II of the Foreign Assistance Act of 1961 and
under chapter 2 of the Arms Export Control Act (relating to foreign
military sales financing) only if the President certifies to the Con-
gress tjfiat the Government of Bohvia is implementing l^islation
that—
(1) establishes its legal coca requirements,
(2) provides for the licensing of the number of hectares nec-
essary to produce the l ^ a l requirement,
(3) makes unlicensed coca production Ul^al, and
(4) makes possession and distribution of coca leaf i l l ^ a l (other
than possession and distribution for licit purposes).
(b) SECTION 481 CERTIFICATION.—
(1) CONDITIONS ON CERTIFICATION.—For fiscal year 1989, the
President may make a certification with respect to Bolivia
under clause (i) or (ii) of section 481(hX2XA) of the Foreign
Assistance Act of 1961 only if the (Jovemment of Bolivia—
(A) has entered into the narcotics cooperation agreement
¥dth the United States specified in section 611(2)(B) of the
International Security and Development O)operation Act of
1985;
(B) has fully achieved the eradication targets contained in
that agreement; and
(C) has b ^ u n a program of forced eradication of illicit
coca cultivation if the tai^ets for voluntary eradication are
not being met or are not continued.
(2) NoNWAiYABiLrry.—The authorities contained in section
614 of the Foreign Assistance Act of 1961 may not be used to
waive the requirements of this subsection, and may not be used
102 STAT. 4272 PUBLIC LAW 100-690—NOV. 18, 1988
to waive the requirements of section 481(h) of that Act for fiscal
year 1989 with respect to Bolivia.
(c) DEVELOPMENT ASSISTANCE,—For Hscal year 1989, the project
agreement document for a project carried out pursuant to chapter 1
of part I of the Foreign Assistance Act of 1961 (relating to develop-
ment assistance) shall contain—
(1) in the case of the Chapare R ^ o n a l Development Project,
a clause requiring that project activities be suspended if the
Government of Bolivia fails to achieve the coca eradication
targets contained in the applicable agreement concerning that
project; and
(2) in the case of a project to be carried out in an area in
Bolivia in which there is no known illicit coca cultivation as of
the date of enactment of this Act, a clause requiring that project
activities be suspended if the Government of Bolivia fails to
keep the project area free of illicit coca cultivation.
(d) FISCAL YEAR 1989 EARMARKING.—Title II of the Foreign Oper-
ations, Export Financing, and Related Programs Appropriations
Ante, p. 2268-14. Act, 1989 (Public Law 100-461), is amended in the paragraph under
the heading "INTERNATIONAL NARCOTICS CONTROL by striking out
"$15,000,000" in the first proviso and all that follows through "not
less than" in the second proviso.
SEC. 4303. ASSISTANCE FOR PERU.
(a) DETERMINATIONS REGARDING NARCOTICS CONTROL Ckx)PERA-
President of U.S. TiON-—In making determinations with respect to Peru pursuant to
section 481(hX2XAXi) of the Foreign Assistance Act of 1961 for fiscal
year 1989, the President shall give foremost consideration to
whether the Government of Peru made substantial progress in
meeting its coca eradication targets during the previous year.
(b) UPPER HUALLAGA VALLEY PROJECT.—Funds authorized to be
appropriated for fiscal year 1989 to carry out chapter 1 of part I of
that Act (relating to development assistance) may be made available
for the project of the Agency for International Development in the
Upper Huallaga Valley of Peru only if the Secretary of State
determines, and reports to the Clongress, that such project continues
to be effective in reducing and eradicating coca leaf production,
distribution, and marketing in the Upper Huallaga Valley.
SEC. 4304. ASSISTANCE FOR MEXICO.
(a) LIMITATION ON ASSISTANCE.—(1) Except as provided in para-
graph (2), not more than $15,000,000 of the amounts made available
for fiscal year 1989 to carry out chapter 8 of part I of the Foreign
Assistance Act of 1961 (relating to international narcotics control)
may be made available for Mexico.
(2) Assistance in excess of the amount specified in paragraph (1)
may be made available for Mexico only if the congressional commit-
tees specified in section 634A(a) of the Foreign Assistance Act of
1961 are notified at least 15 days in advance in accordance with the
r ^ u l a r reprogramming procedures applicable under that section.
Enrique (b) COOPERATION ON DRUG LAW ENFORCEMENT MATTERS.—The
Camarena Congress urges the Government of Mexico to cooperate fully with
Salazar.
Alfredo Zavala the United States on matters of concern to the United States
Avelar. regarding drug law enforcement. In particular, the 0)ngress antici-
Victor Cortez, pates that the new Government which will take office on December
Junior. 1 will move expeditiously to bring to triad and effectively prosecute
those responsible for the 1985 murders of Drug Enforcement
^ *-<x'^Jf "^^^^s.'
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4273
Administration agent Enrique Camarena Salazar and his pilot
Alfredo Zavala Avelar and those responsible for the 1986 detention
and torture of Drug Enforcement Administration agent Victor
Cortez, Junior.
(c) JOINT AIR OPERATIONS AND JOINT CREWING.—In making deter- President of U.S.
minations with respect to Mexico pursuant to section 481(h)(2XAXi)
of the Foreign Assistance Act of 1961 for fiscal year 1989, the
President shall consider whether the Government of Mexico has
responded favorably to the United States proposals to establish, and
is making measurable progress toward implementing—
(1) a joint United States-Mexico airborne apprehension
capability (commonly referred to as "joint air operations"); and
(2) joint air surveillance operations (commonly referred to as
"joint crewing").
(d) BANKING INFORMATION CONCERNING MONEY LAUNDERING.—
The Congress encourages the Government of Mexico, upon ratifica-
tion of the Mutual Legal Assistance Treaty between the United
States and Mexico, to furnish banking information pursuant to that
treaty which would permit the successful investigation and prosecu-
tion in the United States of major narco-terrorists who use Mexican
financial institutions to "launder" their profits.
SEC. 4305. ASSISTANCE FOR COLOMBIA.
(a) SIZE OF MILITARY ASSISTANCE GROUP.—The third sentence of
section 515(c)(1) of the Foreign Assistance Act of 1961 (relating to
countries authorized to have more than 6 members of the Armed
Forces assigned to carry out international security assistance pro-
grams) is amended by inserting "Colombia," after "Honduras,". 22USC232ii.
(b) INCREASED MIUTARY ASSISTANCE.—There are authorized to be
appropriated to carry out chapter 2 of part II of the Foreign
Assistance Act of 1961 (relating to the grant military assistance
program) $15,000,000 as supplemental appropriations for fiscal year
1989, which are authorized to remain available until expended.
These funds shall be available only to provide defense articles to the
armed forces of Colombia to support their efforts to combat illicit
narcotics production and trafficking.
(c) PROTECTION FROM NARCO-TERRORIST ATTACKS.—
(1) EARMARK OF FUNDS.—Of the funds made available for
fiscal year 1989 to carry out chapter 4 of part II of the Foreign
Assistance Act of 1961 (relating to the Economic Support Fund),
not less than $5,000,000 shall be used to provide to the Govern-
ment of Colombia such assistance as it may request to provide
protection against narco-terrorist attacks on judges, other
government officials, and members of the press.
(2) WAIVER OF PROHIBITION ON ASSISTANCE TO POLICE FORCES.—
The assistance provided for in paragraph (1) may be provided
without regard to section 660 of the Foreign Assistance Act of
1961.
(3) NOTIFICATION TO CONGRESS.—Funds made available pursu-
ant to paragraph (1) may not be obligated until at least 15 days
after the Committee on Foreign Affairs of the House of Rep-
resentatives and the Committee on Foreign Relations of the
Senate are notified of the proposed obligation in accordance
with the reprogramming procedures applicable under section
634A of the Foreign Assistance Act of 1961.
102 STAT. 4274 PUBLIC LAW 100-690—NOV. 18, 1988
(4) EXTENSION OF PERIOD FOR OBUGATION OF FUNDS.—Funds
allocated to carry out this subsection shall remain available
until expended, notwithstanding any other provision of law.
SEC. 4306. ILLICIT DRUG PRODUCTION AND TRAFFICKING IN PAKISTAN.
President of U.S. In making determinations with respect to Pakistan pursuant to
section 481(h)(2XA)(i) of the Foreign Assistance Act of 1961, the
President shall take into account the extent to which the Govern-
ment of Pakistan—
(1) is increeising the number of illicit laboratories destroyed
and is vigorously prosecuting and punishing the owners and
operators of such laboratories;
(2) is increasing the number of arrests and successful prosecu-
tions of violators, with particular emphasis on putting major
traffickers out of business; and
(3) has made changes in Pakistani legal codes in order to
enable Pakistani law enforcement officials to move more effec-
tively against narcotics traffickers, such as new conspiracy laws
and new asset seizure laws.
SEC. 4307. UNITED STATES RELIANCE ON LICIT OPIUM GUM FROM
FOREIGN SOURCES.
President of U.S. (a) REVIEW REQUIRED.—The President shall conduct a review of
United States narcotics raw material policy to determine—
(1) the current and reserve international needs for opium-
derived pharmaceutical and chemical products, and the relative
capabilities for meeting those needs through the opium gum
process and the concentrated poppy straw method of production;
(2) whether the United States should continue to rely on a
single foreign country for all its licit opium gum;
(3) whether it should be United States policy to encourage all
countries which produce licit opium to use the concentrated
poppy straw method of production; and
(4) what options are available, consistent with treaties to
which the United States is a party, to reduce United States
reliance on licit opium gum from foreign sources.
(h) REPORT TO CONGRESS.—The results of this review shall be
reported to the Congress not later than 6 months after the date of
enactment of this Act.
SEC. 4308. AFGHANISTAN AS A HEROIN SOURCE.
(a) FINDING.—The Congress finds that Afghanistan remains the
source of most of the heroin exported from southwest Asia.
(b) STATEMENT OF POUCY.—It is the sense of the Congress that—
(1) the United States Government should pursue efforts to
press the Government of Afghanistan, and should work with the
Mujahadeen—
(A) to reduce production and trafficking in areas under
their respective control, and
(B) to encourage drug eradication, interdiction, and crop
substitution in Afghanistan; and
(2) an initiative should be developed which could be put in
place as the Mujahadeen and successors to the present Kabul
regime begin to exert more civil authority.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4275
SEC. 4309. INVOLVEMENT OF THE GOVERNMENT OF LAOS IN ILLICIT
DRUG PRODUCTION AND TRAFFICKING.
(a) PBBIODIC REPORTS.—The President shall prepare and transmit President of U.S.
to the Congress, in accordance with subsection (b), periodic reports
containing the following determinations:
(1) Does t h e Government of Laos, as a matter of government
policy, encourage or facilitate the production or distribution of
m ^ a l drugs?
(2) Does any senior official of the Government of Laos engage
in, encourage, or facilitate the production or distribution of
illegal drugs?
(3) Do other governments in the region assist the distribution
of i l l ^ a l drugs from Laos?
(b) TIME FOR SUBBOSSION OF REPORTS.—The report described in
subsection (a) shall be submitted as part of each report required by
section 481(e) of the Foreign Assistance Act of 1961 and as part of
each report required by section 2013 of the Anti-Drug Abuse Act of
1986.
(c) INFORMATION T O B E INCLUDED.—(1) If an affirmative deter-
mination is made under paragraph (1) or (2) of subsection (a), the
report shall describe the activities and identities of officials whose
activities caused that determination to be made.
(2) If an affirmative determination is made under paragraph (3) of
subsection (a), the report shaU describe the activities of other
governments in t h e r ^ o n which caused that determination to be
made.
Subtitle E—^Annual Report and Certification
Process
SEC. 440L EXPRESSION IN NUMERICAL TERMS OF MAXIMUM ACHIEV-
ABLE REDUCTIONS IN ILLICIT DRUG PRODUCTION.
Section 481(eX4) of the Foreign Assistance Act of 1961 is amended 22 use 2291.
by inserting after the first sentence the following: "Each determina-
tion of the President under the preceding sentence shall be ex-
pressed in numerical terms, such as the number of acres of illicitly
cultivated controlled substances which can be eradicated.".
SEC. 4402. REPORTS ON ASSISTANCE DENIED.
Section 481(e) of the Foreign Assistance Act of 1961 is amended by
adding a t the end the following:
"(8) Each report pursuant to this subsection shall describe the
United States assistance for the preceding fiscal year which was
denied, pursuant to subsection (h), to each major illicit drug produc-
ing country and each major drug-transit country.".
SEC. 4403. EXCLUSION OF CERTAIN NARCOTICS EDUCATION ACTIVITIES
FROM DEFINITION OF UNITED STATES ASSISTANCE.
Section 481(iX4Xvii) of the Foreign Assistance Act of 1961 is
amended by striking out "126 of this Act;" and inserting in lieu
thereof "126(bX2) of this Act Ot)ut any such assistance shall be
subject to the prior notification procedures applicable to
reprogrammings pursuant to section 634A of this Act),".
102 STAT. 4276 PUBLIC LAW 100-690-NOV. 18, 1988
SEC. 4404. REPORTS AND RESTRICTIONS CONCERNING CERTAIN COUN-
TRIES.
22 use 2291. Section 2013(a) of the Anti-Drug Abuse Act of 1986 is amended—
(1) by striking out "Not later than 6 months after the date of
enactment of this Act and every 6 months thereafter, the" and
inserting in lieu thereof "The"; and
(2) by inserting ", at the same time as each report is submit-
ted pursuant to section 48103X2) of the Foreign Assistance Act of
1961," after "transmit to the Congress".
SEC. 4405. DETERMINING MAJOR DRUG-TRANSIT COUNTRIES.
(a) PROCEDURES FOR DETERMINING.—Section 481 of the Foreign
22 use 2291. Assistance Act of 1961 is amended by adding at the end the
following:
"(k)(l) For each calendar year, the Secretary of State, after con-
sultation with the appropriate committees of the Congress, shall
establish numerical standards and other guidelines for determining
which countries will be considered to be major drug-transit coun-
tries under subsection (i)(5)(A) and (B) of this section.
"(2) Not later than September 1 of each year, the Secretary of
State shall make a preliminary determination of the numerical
standards and other guidelines to be used pursuant to paragraph (1)
with respect to that year and shall notify the appropriate commit-
tees of the Congress of those standards and guidelines.
"(3) Not later than October 1 of each year, the Secretary of State
shall notify the appropriate committees of the Congress of—
"(A) which countries appear likely, as of that date, to be
determined to be major drug-transit countries for that year
under the numerical standards and other guidelines developed
pursuant to this subsection; and
"(B) which countries appear likely, as of that date, to be
determined to be major illicit drug producing countries for that
year.
"(4) Each report submitted pursuant to subsection (e) shall
discuss—
"(A) any changes made, since the notification provided pursu-
ant to paragraph (2), in the numerical standards and other
guidelines used in determining which countries were major
drug-transit countries under subsection (iX5)(A) and (B) during
the preceding year; and
"(B) any changes made, since the notification provided pursu-
ant to paragraph (3)—
"(i) in the countries determined, to be major drug-transit
countries under subsection (i)(5XA) and (B) during the
preceding year; or
"(ii) in the countries determined to be major illicit drug
producing countries for that year.".
22 use 2291 (b) TRANSITION PROVISION.—With respect to fiscal year 1989, the
note. Secretary of State—
(1) shall take the actions specified in subsection (kX2) of
section 481 of the Foreign Assistance Act of 1961 (as added by
subsection (a) of this section) not later than 30 days after the
date of enactment of this Act; and
(2) shall take the actions specified in subsection (k)(3) of that
section (as added by subsection (a) of this section) not later than
60 days after the date of enactment of this Act.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4277
SEC. 4406. WAIVER OF RESTRICTIONS ON UNITED STATES ASSISTANCE
FOR CERTAIN MAJOR DRUG-TRANSIT COUNTRIES.
Section 481(h) of the Foreign Assistance Act of 1961 shall not
apply with respect to a major drug-transit country for fiscal year
1989 if the President certifies to the Congress, during that fiscal
year, that—
(1) section 481(iX5XC) of that Act (relating to money launder-
ing) does not apply to that country;
(2) the country previously was a major illicit drug producing
country but, during each of the preceding two years, has effec-
tively eliminated illicit drug production; and
(3) the country is cooperating fully with the United States or
has taken adequate steps on its own—
(A) in satisf3dng the goals agreed to in an applicable
bilateral narcotics agreement with the United States (as
described in section 481(hX2) of that Act) or a multilateral
agreement which achieves the objectives of that section;
(B) in preventing narcotic and psychotropic drugs and
other controlled substances transported through such coun-
try from being sold illegally within the jurisdiction of such
country to United States Government personnel or their
dependents or from being transported, directly or in-
directly, into the United States; and
(C) in preventing and punishing bribery and other forms
of public corruption which facilitate the production,
processing, or shipment of narcotic and psychotropic drugs
and other controlled substances, or which discourage the
investigation and prosecution of such acts.
SEC. 4407. ANNUAL CERTIFICATION PROCEDURES FOR BILATERAL AND
MULTILATERAL ASSISTANCE.
(a) REVISION OF PROCEDURES.—Section 481(h) of the Foreign Assist-
ance Act of 1961 is amended by striking out all that precedes 22 use 2291.
subparagraph (B) of paragraph (4) and inserting in lieu thereof the
following:
"(h) ANNUAL CERTIFICATION PROCEDURES.—
"(1) WITHHOLDING OF BILATERAL ASSISTANCE AND OPPOSITION TO
MULTILATERAL DEVELOPMENT ASSISTANCE.—(A) F i f t y p e r c e n t o f
the United States assistance allocated each fiscal year in the
report required by section 653(a) for each major illicit drug
producing country or major drug-transit country shall be with-
held from obligation and expenditure, except as provided in
paragraph (2).
"(B) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for Re-
construction and Development, the United States Executive
Director of the International Development Association, the
United States Executive Director of the Inter-American Devel-
opment Bank, and the United States Executive Director of the
Asian Development Bank to vote, on and after March 1 of each
year, against any loan or other utilization of the funds of their
respective institution to or for any major illicit drug producing
country or major drug-transit country, except as provided in
paragraph (2).
"(2) CERTIFICATION PROCEDURE.—(A) Subject to parsigraph (4),
the assistance withheld from a country pursuant to paragraph
(IXA) may be obligated and expended, and the requirement of
102 STAT. 4278 PUBLIC LAW 100-690—NOV. 18, 1988
paragraph (IXB) to vote against multilateral development bank
assistance to a country shall not apply, if the President deter-
mines and certifies to the Congress, at the time of the submis-
sion of the report required by subsection (e), that—
"(i) during the previous year the country has cooperated
fidly with the United States, or has taken adequate steps on
its own—
"(I) in satisfying the goals agreed to in an applicable
bilateral narcotics agreement with the United States
(as described in subparagraph (B)) or a multilateral
agreement which achieves the objectives of subpara-
graph (B),
"(ID in preventing narcotic and psychotropic drugs
and other controlled substances produced or processed,
in whole or in part, in such country or transported
through such country, from being sold ill^ally within
the jurisdiction of such country to United States
Government personnel or their dependents or from
being transported, directly or indirectly, into the
United Stated,
"(IQ) in preventing and punishing the laundering in
that country of drug-related profits or drug-related
moneys, and
"(TV) in preventing and punishing bribery and other
forms of public corruption which facilitate the produc-
tion, processing, or shipment of narcotic and psycho-
tropic drugs and other controlled substances, or which
discourage the investigation and prosecution of such
acts; or
"(ii) for a country that would not otherwise qualify for
certification under clause (i), the vital national interests of
the United States require that the assistance withheld
pursuant to paragraph (IXA) be provided and that the
United States not vote against multilateral development
bank assistance for that country pursuant to paragraph
(IXB).
"(B) A bilateral narcotics agreement referred to in subpara-
graph (AXi)OD is an agreement between the United States and a
foreign country in which the foreign country agrees to take
specMc activities, including, where applicable, efforts to—
"(i) reduce drug production, drug consumption, and drug
trafficking within its territory, including activities to ad-
dress illicit crop eradication and crop substitution;
"(ii) increase drug interdiction and enforcement;
"(iii) increase drug treatment;
"(iv) increase the identification of and elimination of
illicit drug laboratories;
"(v) increase the identification and elimination of the
trafficking of precursor chemicals for the use in production
of ill^al drugs;
"(vi) increase cooperation with United States drug
enforcement officials; and
"(vii) where applicable, increase participation in extra-
dition treaties, mutual legal assistance provisions directed
at money laundering, sharing of evidence, and other initia-
tives for cooperative drug enforcement.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4279
"(C) A country which in the previous year was designated as a
major illicit drug producing country or a major drug-transit
country may not be determined to be cooperating fully under
subparagraph (AXi) unless it has in place a bilateral narcotics
agreement with the United States or a multilateral agreement
which achieves the objectives of subparagraph (B).
"(D) If the President makes a certification with respect to a
country pursuant to subparagraph (A)(ii), he shall include in
such certification—
"(i) a full and complete description of the vital national
interests placed at risk if United States bilateral assistance
to that country is terminated pursuant to this subsection
and multilateral development bank assistance is not pro-
vided to such country; and
"(ii) a statement weighing the risk described in clause (i)
against the risks posed to the vital national interests of the
United States by the failure of such country to cooperate
fully with the United States in combating narcotics or to
take adequate steps to combat narcotics on its own.
"(E) The President may make a certification under subpara-
graph (A)(i) with respect to a major illicit drug producing coun-
try or major drug-transit country which is also a producer of
licit opium only if the President determines that such country
has taken steps to prevent significant diversion of its licit
cultivation and production into the illicit market, maintains
production and stockpiles at levels no higher than those consist-
ent with licit market demand, and prevents illicit cultivation
and production.
"(3) MATTERS TO BE CONSIDERED.—In determining whether to President of U.S.
make the certification required by paragraph (2) with respect to
a country, the President shall consider the following:
"(A) Have the actions of the government of that country
resulted in the maximum reductions in illicit drug produc-
tion which were determined to be achievable pursuant to
subsection (e)(4)? In the case of a major illicit drug produc-
ing country, the President shall give foremost consider-
ation, in determining whether to make the determination
required by paragraph (2), to whether the government of
that country has taken actions which have resulted in such
reductions.
"(B) Has that government taken the legal and law
enforcement measures to enforce in its territory, to the
maximum extent possible, the elimination of illicit cultiva-
tion and the suppression of illicit manufacturing of and
trafficking in narcotic and psychotropic drugs and other
controlled substances, as evidenced by seizures of such
drugs and substances and of illicit laboratories and the
arrest and prosecution of violators involved in the traffic in
such drugs and substances significantly affecting the
United States?
"(C) Has that government taken the legal and law
enforcement steps necessary to eliminate, to the maximum
extent possible, the laundering in that country of drug-
related profits or drug-related moneys, as evidenced by—
"(i) the enactment and enforcement by that govern-
ment of laws prohibiting such conduct.
102 STAT. 4280 PUBLIC LAW 100-690—NOV. 18, 1988
"(ii) that government entering into, and cooperating
under the terms of, mutual legal assistance agreements
with the United States governing (but not limited to)
money laundering, and
"(iii) the degree to which that government otherwise
cooperates with United States law enforcement
authorities on anti-money laundering efforts?
"(D) Has that government taken the legal and law
enforcement steps necessary to eliminate, to the maximum
extent possible, bribery and other forms of public cor-
ruption which facilitate the production, processing, or ship-
ment of narcotic and psychotropic drugs and other
controlled substances, or which discourage the investigation
and prosecution of such acts, as evidenced by the enactment
and enforcement of laws prohibiting such conduct?
"(E) Has that government, as a matter of government
policy, encouraged or facilitated the production or distribu-
tion of illicit narcotic and psychotropic drugs and other
controlled substances?
"(F) Does any senior official of that government engage
in, encoureige, or facilitate the production or distribution of
illicit narcotic and psychotropic drugs and other controlled
substances?
"(G) Has that government investigated aggressively all
cases in which any member of an agency of the United
States Government engaged in drug enforcement activities
since January 1,1985, has been the victim of acts or threats
of violence, inflicted by or with the complicity of any law
enforcement or other officer of such country or any political
subdivision thereof, and energetically sought to bring the
perpetrators of such offense or offenses to justice?
"(H) Having been requested to do so by the United States
Government, does that government fail to provide reason-
able cooperation to lawful activities of United States drug
enforcement agents, including the refusal of permission to
such agents engaged in interdiction of aerial smuggling into
the United States to pursue suspected aerial smugglers a
reasonable distance into the airspace of the requested
country?
"(I) Has that government made necessary changes in
legal codes in order to enable law enforcement officials to
move more effectively against narcotics traffickers, such as
new conspiracy laws and new asset seizure laws?
"(J) Has that government expeditiously processed United
States extradition requests relating to narcotics trafficking?
"(K) Has that government refused to protect or give
haven to any known drug traffickers, and has it expedi-
tiously processed extradition requests relating to narcotics
trafficking made by other countries?
"(4) CONGRESSIONAL REVIEW.—Paragraph (1) shall apply with-
out regard to paragraph (2) if, within 45 days of continuous
session (within the meaning of section 601(bXl) of the Inter-
national Security Assistance and Arms Export Control Act of
1976) after receipt of a certification under paragraph (2), the
Congress enacts a joint resolution disapproving the determina-
tion of the President contained in such certification.
.^^.^Tf-"^^-^ .-e^^g^a^*.??-^"* t K -v^--'^.^
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4281
"(5) DENIAL OF ASSISTANCE FOR COUNTRIES DECERTIFIED.—If the
President does not make a certification under paragraph (2)
with respect to a country or the Congress enacts a joint resolu-
tion disapproving such certification, then until such time as the
conditions specified in paragraph (GXA) are satisfied—
"(A) funds may not be obligated for United States assist-
ance for that country, and funds previously obligated for
United States assistance for that country may not be ex-
pended for the purpose of providing assistance for that
country; and
"(B) the requirement to vote against multilateral develop-
ment bank assistance pursuant to paragraph (IXB) shall
apply with respect to that country, without regard to the
date specified in that paragraph.
"(6) RBCERTIFICATION.--(A) Paragraph (5) shall apply to a
country until—
'(i) the President makes a certification under paragraph
(2) with respect to that country, and the Congress does not
enact a joint resolution under paragraph (4) disapproving
the determination of the President contained in that certifi-
cation; or
"(ii) the President submits at any other time a certifi-
cation of the matters described in paragraph (2) with re-
spect to such country, and the Congress enacts a joint
resolution approving the determination of the President
contained in that certification.".
G>) CONFORMING AMENDMENTS.—(1) Such section 481(h) is further
amended—
(A) by striking out existing paragraph (5); and
(B) in subparagraph (B) of paragraph (6), as so redesignated by
the amendment made by subsection (a) of this section—
(i) by striking out "such" in clause (i), and
(ii) by inserting "under this subsection" before "shall be"
in clause (i); and
(iii) by striking out "resolution" in clause (ii) and insert-
ing in lieu thereof "resolutions".
(2) Section 585 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1988 (as contained in section
101(e) of Public Law 100-202), is amended by striking out subsection 22 USC 2291
(c). note.
SEC. 4408. ANNUAL CERTIFICATION PROCEDURES FOR TRADE AND AVIA-
TION SANCTIONS.
(a) REVISION OF PROCEDURES.—Paragraphs (1) and (2) of section
8020)) the Trade Act of 1974 (19 U.S.C. 2492(bXl) and (2)) are
amended to read as follows:
"(bXlXA) Subject to paragraph (3), subsection (a) shall not apply
with respect to a country if the President determines and certifies to
the Congress, at the time of the submission of the report required by
section 481(e) of the Foreign Assistance Act of 1961, that—
"(i) during the previous year the country has cooperated fully
with the United States, or has taken adequate steps on ite
own—
"(I) in satisfying the goals agreed to in an applicable
bilateral narcotics agreement with the United States (as
described in paragraph (B)) or a multilateral agreement
which achieves the objectives of paragraph (B),
102 STAT. 4282 PUBLIC LAW 100-690—NOV. 18, 1988
"(II) in preventing narcotic and psychotropic drugs and
other controlled substances produced or processed, in whole
or in part, in such country or transported through such
country, from being sold illegally within the jurisdiction of
such country to United States Government personnel or
their dependents or from being transported, directly or
indirectly, into the United States,
"(III) in preventing and punishing the laundering in that
country of drug-related profits or drug-related moneys, and
"(IV) in preventing and punishing bribery and other
forms of public corruption which facilitate the production,
processing, or shipment of narcotic and psychotropic drugs
and other controlled substances, or which discourage the
investigation and prosecution of such acts; or
"(ii) for a country that would not otherwise qualify for certifi-
cation under clause (i), the vital national interests of the United
States require that subsection (a) not be applied with respect to
that country.
"(B) A bilateral narcotics agreement referred to in subparagraph
(AXi)(I) is an agreement between the United States and a foreign
country in which the foreign country eigrees to take specific activi-
ties, including, where applicable, efforts to—
"(i) reduce drug production, drug consumption, and drug
trafficking within its territory, including activities to address
illicit crop eradication and crop substitution;
"(ii) increase drug interdiction and enforcement;
"(iii) increase drug treatment;
"(iv) increase the identification of and elimination of illicit
drug laboratories;
"(v) increase the identification and elimination of the traffick-
ing of precursor chemicals for the use in production of illegal
drugs;
"(vi) incre£ise cooperation with United States drug enforce-
ment officials; and
"(vii) where applicable, increase participation in extradition
treaties, mutual legal assistance provisions directed at money
laundering, sharing of evidence, and other initiatives for cooper-
ative drug enforcement.
"(C) A country which in the previous year was designated as a
major drug producing country or a major drug-transit country may
not be determined to be cooperating fully under subparagraph (AXi)
unless it hgis in place a bilateral narcotics agreement with the
United States or a multilateral agreement which achieves the objec-
tives of subparagraph (B).
President of U.S. "(D) If the President makes a certification with respect to a
country pursuant to subparagraph (A)(ii), he shall include in such
certification—
"(i) a full and complete description of the vital national
interests placed at risk if action is taken pursuant to subsection
(a) with respect to that country; and
"(ii) a statement weighing the risk described in clause (i)
against the risks posed to the vital national interests of the
United States by the failure of such country to cooperate fully
with the United States in combating narcotics or to take ade-
quate steps to combat narcotics on its own.
"(E) The President may make a certification under subparagraph
(A)(i) with respect to a major drug producing country or drug-transit
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4283
country which is also a producer of Ucit opium only if the President
determines that such country has taken steps to prevent significant
diversion of its licit cultivation and production into the illicit
market, maintains production and stockpiles at levels no higher
than those consistent with licit market demand, and prevents illicit
cultivation and production.
"(2) In determining whether to make the certification required by President of U.S.
paragraph (1) with respect to a country, the President shall consider
the following:
"(A) Have the actions of the government of that country
resulted in the maximum reductions in illicit drug production
which were determined to be achievable pursuant to section
481(e)(4) of the Foreign Assistance Act of 1961? In the case of a
major drug producing country, the President shall give foremost
consideration, in determining whether to make the certifica-
tion required by paragraph (1), to whether the government of
that country has taken actions which have resulted in such
reductions.
"(B) Has that government taken the legal and law enforce-
ment measures to enforce in its territory, to the maximum
extent possible, the elimination of illicit cultivation and the
suppression of illicit manufacturing of and trafficking in nar-
cotic and psychotropic drugs and other controlled substances, as
evidenced by seizures of such drugs and substances and of illicit
laboratories and the arrest and prosecution of violators involved
in the traffic in such drugs and substances significantly affect-
ing the United States?
"(C) Has that government taken the legal and law enforce-
ment steps necessary to eliminate, to the maximum extent
possible, the laundering in that country of drug-related profits
or drug-related moneys, as evidenced by—
"(i) the enactment and enforcement by that government
of laws prohibiting such conduct,
"(ii) that government entering into, and cooperating
under the terms of, mutual legal assistance agreements
with the United States governing (but not limited to) money
laundering, and
"(iii) the degree to which that government otherwise
cooperates with United States law enforcement authorities
on anti-money laundering efforts?
"(D) Has that government taken the legal and law enforce-
ment steps necessary to eliminate, to the maximum extent
possible, bribery and other forms of public corruption which
facilitate the production, processing, or shipment of narcotic
and psychotropic drugs and other controlled substances, or
which discourage the investigation and prosecution of such acts,
as evidenced by the enactment and enforcement of laws
prohibiting such conduct?
"(E) Has that government, as a matter of government policy,
encouraged or facilitated the production or distribution of
illicit narcotic and psychotropic drugs and other controlled
substances?
"(F) Does any senior official of that government engage in,
encourage, or facilitate the production or distribution of illicit
narcotic and psychotropic drugs and other controlled
substances?
102 STAT. 4284 PUBLIC LAW 100-690—NOV. 18, 1988
"(G) Has that government investigated aggressively all cases
in which any member of an agency of the United States Govern-
ment engaged in drug enforcement activities since January 1,
1985, has been the victim of acts or threats of violence, inflicted
by or with the complicity of any law enforcement or other
officer of such country or any political subdivision thereof, and
has energetically sought to bring the perpetrators of such of-
fense or offenses to justice?
"(H) Having been requested to do so by the United States
Government, does that government fail to provide reasonable
cooperation to lawful activities of United States drug enforce-
ment agents, including the refusal of permission to such agents
engaged in interdiction of aerial smuggling into the United
States to pursue suspected aerial s m u ^ l e r s a reasonable dis-
tance into the airspace of the requested country?
"(I) Has that government made necessary changes in legal
codes in order to enable law enforcement officials to move more
effectively against narcotics traffickers, such as new conspiracy
laws and new asset seizure laws?
"(J) Has that government expeditiously processed United
States extradition requests relating to narcotics trafficking?
"(K) Has that government refused to protect or give haven to
any known drug traffickers, and has it expeditiously processed
extradition requests relating to narcotics trafficking made by
other countries?".
19 use 2492. (b) CONGRESSIONAL REVIEW PERIOD.—Section 802(b) of that Act is
amended—
(1) in paragraph (3) by striking out "30 days" and inserting in
lieu thereof "45 days";
(2) in paragraph (4XA) by striking out "30 days" and inserting
in lieu thereof "45 days"; and
(3) in paragraph (4)(B) by striking out "30 days" and inserting
in lieu thereof "45 days".
(c) DETERMINING MAJOR DRUG-TRANSIT (COUNTRIES.—Section 802
of that Act is amended by adding at the end the following:
"(e) For each calendar year, the Secretary of State, after consulta-
tion with the appropriate committees of the Congress, shall estab-
lish numerical standards and other guidelines for determining
which countries will be considered to be major drug-transit coun-
tries under section 805(3XA) and (B).".
Subtitle F—Miscellaneous Provisions Relating
to Assistance Programs
22 u s e 2291-2. SEC. 4501. REPORTING ON TRANSFER OF UNITED STATES ASSETS.
(a) 15-DAY ADVANCE NOTIFICATION.—Any transfer by the United
States Government to a foreign country for narcotics control pur-
poses of any property seized by or otherwise forfeited to the United
States Government in connection with narcotics-related activity
shall be subject to the regular repr<^ramming procedures applicable
under section 634A of the Foreign Assistance Act of 1961.
(b) ANNUAL REPORTS.—Section 4601 of this title requires that all
such transfers be reported annually to the (Congress.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4285
SEC. 4502. IMPORTANCE OF SUPPRESSING INTERNATIONAL NARCOTICS
TRAFFICKING.
Section 481(aXl) of the Foreign Assistance Act of 1961 is 22USC2291.
amended—
(1) by redesignating subparagraphs (B) through (D) as sub-
paragraphs (C) through (E), respectively; and
(2) by inserting after subparagraph (A) the following:
"(B) suppression of international narcotics trafficking is
among the most important foreign policy objectives of the
United States;".
SEC. 4503. PROHIBITION ON ASSISTANCE TO DRUG TRAFFICKERS.
Chapter 8 of part I of the Foreign Assistance Act of 1961, as
amended by section 4206 of this title, is further amended by adding
at the end the following:
"SEC. 487. PROHIBITION ON ASSISTANCE TO DRUG TRAFFICKERS.
"(a) PROHIBITION.—^The President shall take all reasonable steps President of U.S.
to ensure that assistance under this Act and the Arms Export 22 USC 229if.
Control Act is not provided to or through any individual or entity
that the President knows or has reason to believe—
"(1) has been convicted of a violation of, or a conspiracy to
violate, any law or r ^ u l a t i o n of the United States, a State or
the District of Columbia, or a foreign country relating narcotic
or psychotropic drugs or other controlled substances (as defined
in section 481(iX3) of this Act); or
"(2) is or has been an illicit trafficker in any such controlled
substance or is or has been a knowing assistor, abettor,
conspirator, or coUuder with others in the illicit trafficking m
any such substance.
"(b) REGULATIONS.—The President shall issue regulations specify-
ing the steps to be taken in carrying out this section.
"(c) CONGRESSIONAL REVIEW OF REGULATIONS.—Regulations issued
pursuant to subsection (b) shall be submitted to the (Congress before
they take effect."
SEC. 4504. PROCUREMENT FOR INTERNATIONAL NARCOTICS CONTROL
ASSISTANCE.
The CJongress urges the Secretary of State to take appropriate
corrective action to improve the Department of State's procurement
operations in order to assure that the procurement of property or
services for use in providing assistance under chapter 8 of part I of
the Foreign Assistance Act of 1961 (relating to international narcot-
ics control assistance) is timely, efficient, and in accordance with
applicable procurement statutes and regulations.
SEC. 4505. PROHIBITION ON USE OF NARCOTICS CONTROL ASSISTANCE
TO ACQUIRE REAL PROPERTY.
Qiapter 8 of part I of the Foreign Assistance Act of 1961, as
amended by sections 4206 and 4503 of this title, is further amended
by adding at the end the following:
"SEC. 488. PROHIBITION ON USE OF NARCOTICS CONTROL ASSISTANCE 22 USC 2291g.
TO ACQUIRE REAL PROPERTY.
"Funds made available to carry out this chapter may not be used
to acquire (by purchase, lease, or other means) any real property for
use by foreign military, paramilitary, or law enforcement forces "
102 STAT. 4286 PUBLIC LAW 100-690—NOV. 18, 198^
SEC. 4506. REIMBURSEMENT FOR DOD SERVICES USED IN PROVIDING
INTERNATIONAL NARCOTICS CONTROL ASSISTANCE.
22 use 2392. Section 632(c) of the Foreign Assistance Act of 1961 is amended by
inserting after "actual cost," the following: "or, in the case of
services procured from the Department of Defense to carry out
chapter 8 of part I, the amount of the additional costs incurred by
the Department of Defense in providing such services,".
SEC. 4507. PERMISSIBLE USES OF AIRCRAFT AND OTHER EQUIPMENT.
Chapter 8 of part I of the Foreign Assistance Act of 1961, as
amended by sections 4206, 4503, and 4505 of this title, is further
amended by adding at the end the following:
President of U.S. "SEC. 489. PERMISSIBLE USES OF AIRCRAFT AND OTHER EQUIPMENT.
^^ "(a) IN GENERAL.—The President shall take all reasonable steps to
ensure that aircraft and other equipment made available to foreign
countries under this chapter are used only in ways that are con-
sistent with the purposes for which such equipment was made
available.
"(h) REPORTS.—In the reports submitted pursuant to subsection (e),
the President shall discuss—
"(1) any evidence indicating misuse by a foreign country of
aircraft or other equipment made available under this chapter,
and
"(2) the actions taken by the United States Government to
prevent future misuse of such equipment by that foreign
country.
"(c) REGULATIONS.—The President shall issue regulations specify-
ing the steps to be taken in carrying out this section.
"(d) CONGRESSIONAL REVIEW OF REGULATIONS.—Regulations issued
pursuant to subsection (c) shall be submitted to the Congress before
they take effect.".
Subtitle G—Department of State Activities
22 u s e 2291-3. SEC. 4601. COORDINATION OF ALL UNITED STATES ANTI-NARCOTICS
ASSISTANCE TO FOREIGN COUNTRIES.
(a) COORDINATION.—Consistent with subtitle A of title I of this Act,
the Secretary of State shall be responsible for coordinating all
assistance provided by the United States Government to support
international efforts to combat illicit narcotics production or
trafficking.
(b) ANNUAL REPORTS.—
(1) REQUIREMENT FOR REPORTS.—At the time that the report
required by section 481(e) of the Foreign Assistance Act of 1961
is submitted each year, the Secretary of State, in consultation
with appropriate United States Government agencies, shall
report to the appropriate committees of the Congress on the
assistance provided by the United States Government during
the preceding fiscal year to support international efforts to
combat illicit narcotics production or trafficking.
(2) SPECIFIC ITEMS TO BE INCLUDED.—(A) Each report pursuant
to this subsection shall specify the amount and nature of the
assistance provided.
(B) Each report pursuant to this subsection shall include, for
each country which is a significant direct or indirect source of
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4287
illicit narcotic and psychotropic drugs and other controlled
substances significantly affecting the United States, a section
prepared by the Drug Enforcement Administration, a section
prepared by the Customs Service, and a section prepared by the
Coast Guard, which describes in detail—
(i) the assistance provided or to be provided (as the case
may be) to such country by that agency, and
(ii) the assistance provided or to be provided (as the case
may be) to that agency by such country,
with respect to narcotic control efforts during the preceding
fiscal year, the current fiscal year, and the next fiscal year
(C) Each report required by this subsection shall also list all
transfers, which were made by the United States Government
during the preceding fiscal year, to a foreign country for narcot-
ics control purposes of any property seized by or otherwise
forfeited to the United States Government in connection with
narcotics-related activity, including an estimate of the fair
market value and physical condition of each item of property
transferred.
(3) REPORTS II«AY BE CLASSIFIED.—The reports required by this
subsection may be provided on a classified basis to the extent
necessary,
(c) RULE OF CONSTRUCTION.—Nothing contained in this section
shall be construed to limit or impair the authority or responsibility
of any other Federal agency with respect to law enforcement, domes-
tic security operations, or intelligence activities as defined in Execu-
tive Order 12333.
SEC 4602. REWARDS FOR INFORMATION CONCERNING NARCOTICS-
RELATED OFFENSES COMMITTED OUTSIDE THE UNITED
STATES.
Section 36(g) of the State Department Basic Authorities Act of
1956 is amended by amending the second sentence to read as follows: 22 USC 2708.
"In addition to the amount authorized to be appropriated by the
preceding sentence, there are authorized to be appropriated, without
fiscal year limitation, $5,000,000 for 'Administration of Foreign
Affairs* for use in paying rewards for information described in
subsection (bXD."-
SEC. 4603. DENIAL OF PASSPORTS TO CERTAIN CONVICTED DRUG
TRAFFICKERS.
Title I of the State Department Basic Authorities Act of 1956 is
amended—
(1) by redesignating section 42 as section 43; and 22 USC 2651
(2) by inserting after section 41 the following: ^°^-
"SEC. 42. DENIAL OF PASSPORTS TO CERTAIN CONVICTED DRUG 22 USC 2714.
TRAFFICKERS.
"(a) INEUGDMLITY FOR PASSPORT.—
"(1) IN GENERAL.—A passport may not be issued to an individ-
ual who is convicted of an offense described in subsection (b)
during the period described in subsection (c) if the individual
used a passport or otherwise crossed an international border in
committing the offense.
"(2) PASSPORT REVOCATION.—^The Secretary of State shall
revoke a passport previously issued to an individual who is
ineligible to receive a passport under paragraph (1).
102 STAT. 4288 PUBLIC LAW 100-690—NOV. 18, 1988
"(b) DRUG LAW OFFENSES.—
"(1) FELONIES.—Subsection (a) applies with respect to any
individual convicted of a Federal drug offense, or a State drug
offense, if the offense is a felony,
"(2) CERTAIN MISDEMEANORS.—Subsection (a) also applies with
respect to an individual convicted of a Federal drug offense, or a
State drug offense, if the offense is misdemeanor, but only if the
Secretary of State determines that subsection (a) should apply
with respect to that individual on account of that offense. This
paragraph does not apply to an individual's first conviction for a
misdemeanor which involves only possession of a controlled
substance.
"(c) PERIOD OF INEUGIBIUTY.—Subsection (a) applies during the
period that the individual—
"(1) is imprisoned, or is legally required to be imprisoned, as
the result of the conviction for the offense described in subsec-
tion (b); or
"(2) is on parole or other supervised release after having been
imprisoned as the result of that conviction.
"(d) EMERGENCY AND HUMANITARIAN EXCEPTIONS.—Notwithstand-
ing subsection (a), the Secretary of State may issue a passport, in
emergency circumstances or for humanitarian reasons, to an
individual with respect to whom that subsection applies.
"(e) DEFINITIONS.—As used in this section—
"(1) the term 'controlled substance' has the same meaning as
is provided in section 102 of the Controlled Substances Act (21
U.S.C. 802);
"(2) the term 'Federal drug offense' means a violation of—
"(A) the Controlled Substances Act (21 U.S.C. 801 et seq.)
or the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.);
"(B) any other Federal law involving controlled sub-
stances; or
"(C) subchapter II of chapter 53 of title 31, United States
Code (commonly referred to as the 'Bank Secrecy Act'), or
section 1956 or section 1957 of title 18, United States Code
(commonly referred to as the 'Money Laundering Act'), if
the Secretary of State determines that the violation is
related to illicit production of or trafficking in a controlled
substance;
"(3) the term 'felony' means a criminal offense punishable by
death or imprisonment for more than one year;
"(4) the term 'imprisoned' means an individual is confined in
or otherwise restricted to a jail-type institution, a half-way
house, a treatment facility, or another institution, on a full or
part-time basis, pursuant to the sentence imposed as the result
of a conviction;
"(5) the term 'misdemeanor' means a criminal offense other
than a felony;
"(6) the term 'State drug offense' means a violation of State
law involving the manufacture, distribution, or possession of a
controlled substance; and
"(7) the term 'State law' means the law of a State of the
United States, the District of (Dolumbia, the (Dommonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Is-
lands, or a territory or possession of the United States.".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4289
SEC. 4604. MACHINE-READABLE DOCUMENT BORDER SECURITY PRO- 8 USC 1103 note.
GRAM.
(a) REQUIREMENT T O DEVELOP PROGRAM.—(1) The Department of
State, the United States Customs Service, and the Immigration and
Naturalization Service shall develop a comprehensive machine-read-
able travel and identity document border security program that will
improve border entry and departure control through automated
data capture of machine-readable travel and identity documents.
(2) Within 60 days after the date of enactment of this Act, the
Department of State, the Customs Service, and the Immigration and
Naturalization Service shall jointly submit a detailed implementa-
tion plan to the Congress and the President regarding how they
intend to carry out the p n ^ a m required by this section.
(3) The border security p r c ^ a m required by this section shall
include an i n t ^ r a t e d cooperative data exchange system that will
incorporate law enforcement data on narcotics traffickers, terror-
ists, convicted criminals, fugitives, and others currently documented
in the Lookout Systems of aU three agencies and departments.
(4) In developing the border security program mandated in this
section, the agencies and departments shall ensure that at least the
following documents shall be i n t ^ r a t e d into the program and be
machine-readable: border crossing cards; alien registration; pilots
licenses; passports; and visas.
0)) AGENCIES THAT WILL CONTRIBUTE LAW ENFORCEMENT DATA
FOR THE SYSTEM.—The following agencies and organizations shall
contribute appropriate law enforcement data to the integrated co-
operative data exchange system mandated in this section and shall
update such information into the system on no less than a monthly
basis:
(1) The Drug Enforcement Administration.
(2) The Federal Bureau of Investigation.
(3) The Bureau of Alcohol, Tobacco, and Firearms.
(4) The Internal Revenue Service.
(5) The Federal Aviation Administration.
(6) The United States Marshals Service.
(7) The United States Coast Guard.
(c) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized
to be appropriated $23,000,000 for fiscal year 1989 for the develop-
ment, procurement, and implementation of a machine-readable
travel and identity document border security p r c ^ a m . Of this
amoimt $7,000,000 shall be available only for the United State
Customs Service, $7,000,000 shall be available only for the Immigra-
tion and Naturalization Service, and $9,000,000 shall be available
only for the Department of State to carry out the provisions of this
section.
(2) The amounts authorized by paragraph (1) are in addition to
other amounts authorized to be appropriated for fiscal year 1989.
(d) CONTINUING FULL IMPLEMENTATION REQUIRED.—All agencie
participating in the development and implementation of the border
security program and sjrstems mandated in this section shall main-
tain their participation and contributions to the p r c ^ a m and sys-
tems authorized under this section at full implementation levels in
fiscal years 1990, 1991, and 1992, subject to the availability of
appropriations.
102 STAT. 4290 PUBLIC LAW 100-690—NOV. 18, 1988
18 u s e 3181 SEC. 4605. EXTRADITION AND MUTUAL LEGAL ASSISTANCE TREATIES
note. AND MODEL COMPREHENSIVE ANTIDRUG LAWS.
(a) FINDINGS.—The Congress finds that—
(1) section 133 of the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987 (enacted August 16, 1985), directed
the Secretary of State to increase United States efforts to
negotiate updated extradition treaties relating to narcotics of-
fenses with each major drug-producing country;
(2) section 803 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (enacted December 22,1987) directed
the Secretary of State to ensure that an objective of the United
States diplomatic mission in each major illicit drug producing or
major drug-transit country be to ensure that drug traffickers
can be extradited to the United States; and
(3) although some progress has been made pursuant to these
directives in increasing international law enforcement coopera-
tion with respect to illicit drug production and trafficking, much
greater international law enforcement cooperation is required
in combating the illicit drug problem.
(b) GREATER EMPHASIS REQUIRED.—Therefore, the Congress directs
the Secretary of State to place greater emphasis on updating extra-
dition treaties, and on negotiating mutual legal assistance treaties,
with major illicit drug producing countries and major drug-transit
countries.
(c) MODEL TREATIES AND ANTIDRUG LAWS.—The Secretary of State
and the Attorney General shall jointly develop a model extradition
treaty with respect to narcotics-related violations (including extra-
dition of host country nationals), a model mutual legal assistance
treaty, and model comprehensive anti-narcotics legislation. The Sec-
retary of State shall distribute such treaties and legislation to each
United States mission abroad.
(d) REPORT TO CONGRESS.—The Secretary of State shall report to
the Congress, not later than six months after the date of enactment
of this Act, on actions taken to carry out this section.
SEC. 4606. OVERSEAS INVESTIGATIVE PROGRAM.
It is the sense of the Congress that Regional Security Officers and
other security personnel at United States embassies and other
civilian posts abroad should be directed to expand their investigative
activities with respect to illicit drug use and trafficking by United
States Government personnel and their dependents.
SEC. 4607. ASSIGNMENT OF MORE DRUG ENFORCEMENT ADMINISTRA-
TION AGENTS TO UNITED STATES EMBASSIES.
The Congress urges the Secretary of State to permit the assign-
ment of additional Drug Enforcement Administration agents to
United States diplomatic missions in those foreign countries where
illicit narcotics production or trafficking is, or is likely to become, a
significant problem.
Subtitle H—International Banking Matters
31 u s e 5311 SEC. 4701. INTERNATIONAL CURRENCY TRANSACTION REPORTING.
(a) FINDINGS.—The Congress finds that—
(1) the success of cash transaction and money laundering
control statutes in the United States has been significant; and
PUBLIC LAW 1 0 0 - 6 9 0 - N O V . 18, 1988 102 STAT. 4291
(2) the United States should play a leadership role in the
development of an international system of a similar kind.
(b) PURPOSE.—It is the purpose of this section to urge the United
States Grovemment, to the maximum extent practicable, to seek the
active cooperation of other countries in the enforcement of these
statutes, since only a truly multilateral approach can be effective in
eliminating bank haven loopholes through which money launderers
can escape.
(c) ESTABLISHMENT OF INTERNATIONAL AGENCY.—^The Congress
urges the Secretary of the Treasury to n ^ o t i a t e with finance min-
isters of foreign countries to establish an international currency
control agency to—
(1) serve as a central source of information and database for
international drug enforcement agencies;
(2) collect and analyze currency transaction reports filed by
member countries; and
(3) encourage the adoption, by member countries, of uniform
cash transaction and money laundering statutes.
(d) MAINTENANCE OF DOMESTIC EFFORT.—While establishing a
multilateral agency will be the most effective method of combating
money laundering, the United States must itself continue to do
everything it can to curb international money laundering.
SEC. 4702. RESTRICTIONS ON LAUNDERING OF UNITED STATES CUR- 31 USC 5311
RENCY. note.
(a) FINDINGS.—^The Congress finds that international currency
transactions, especially in United States currency, that involve the
proceeds of narcotics trafficking fuel trade in narcotics in the United
States and worldwide and consequently are a threat to the national
security of the United States.
(b) PURPOSE.—^The purpose of this section is to provide for inter-
national n^otiations that would expand access to information on
transactions involving large amounts of United States currency
wherever those transactions occur worldwide.
(c) NEGOTIATIONS.—(1) The Secretary of the Treasury (hereinafter
in this section referred to as the "Secretary") shall enter into
n^otiations with the appropriate financial supervisory agencies
and other officials of any foreign country the financial institutions
of which do business in United States currency. Highest priority
shall be attached to countries whose financial institutions the Sec-
retary determines, in consultation with the Attorney General and
the Director of National Drug Control Policy, may be engaging in
currency transactions involving the proceeds of international
narcotics trafficking, particularly United States currency derived
from drug sales in the United States.
(2) The purposes of negotiations under this subsection are—
(A) to reach one or more international agreements to ensure
that foreign banks and other financial institutions maintain
adequate records of large United States currency transactions,
and
(B) to establish a mechanism whereby such records may be
made available to United States law enforcement officials.
In carrjdng out such negotiations, the Secretary should seek to enter
into and further cooperative efforts, voluntary information ex-
changes, the use of letters rt^atory, and mutual legal assistance
treaties.
102 STAT. 4292 PUBLIC LAW 100-690—NOV. 18, 1988
(d) REPORTS.—Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit an interim report to the
Committee on Banking, Finance and Urban Affairs of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on progress in the negotiations under
subsection (c). Not later than 2 years after such enactment, the
Secretary shall submit a final report to such Committees and the
President on the outcome of those negotiations and shall identify, in
consultation with the Attorney General and the Director of Na-
tional Drug Control Policy, countries—
(1) with respect to which the Secretary determines there is
evidence that the financial institutions in such countries are
engaging in currency transactions involving the proceeds of
international narcotics trafficking; and
(2) which have not reached agreement with United States
authorities on a mechanism for exchanging adequate records on
international currency transactions in connection with narcot-
ics investigations and proceedings.
(e) AUTHORITY.—If after receiving the advice of the Secretary and
in any case at the time of receipt of the Secretary's report, the
Secretary determines that a foreign country—
(1) has jurisdiction over financial institutions that are
substantially engaging in currency transactions that effect the
United States involving the proceeds of international narcotics
trafficking;
(2) such country has not reached agreement on a mechanism
for exchanging adequate records on international currency
transactions in connection with narcotics investigations and
proceedings; and
(3) such country is not negotiating in good faith to reach such
an agreement,
President of U.S. the President shall impose appropriate penalties and sanctions,
including temporarily or permanently—
(1) prohibiting such persons, institutions or other entities in
such countries from participating in any United States dollar
clearing or wire transfer system; and
(2) prohibiting such persons, institutions or entities in such
countries from maintaining an account with any bank or other
financial institution chartered under the laws of the United
States or any State.
Any penalties or sanctions so imposed may be delayed or waived
upon certification of the President to the Congress that it is in the
national interest to do so. Financial institutions in such countries
that maintain adequate records shall be exempt from such penalties
and sanctions.
(f) DEFINITIONS.—For the purposes of this section—
(1) The term "United States currency" means Federal Re-
serve Notes and United States coins.
(2) The term "adequate records" means records of United
States' currency transactions in excess of $10,000 including the
identification of the person initiating the transaction, the per-
son's business or occupation, and the account or accounts af-
fected by the transaction, or other records of comparable effect.
(g) SUNSET.—The authority given the President in subsection (e)
shall expire on June 30,1994.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4293
SEC 4703. EXPORT-IMPORT BANK FINANCING FOR SALES OF DEFENSE
ARTICLES AND SERVICES FOR ANTI-NARCOTICS PURPOSES.
Section 2(bX6) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(bX6)) is amended—
(1) by inserting "(A)" before "The Bank";
(2) by striking "paragraph" and inserting in lieu thereof
"subparagraph"; and
(3) by adding at the end the following new subparagraphs:
"(B) Subparagraph (A), and section 32 of the Arms Export
Control Act, shall not apply to any sale of defense articles or
services if—
"(i) the Bank is requested to provide a guarantee or
insurance for the sale;
"(ii) the President determines that the defense articles
or services are being sold primarily for anti-narcotics
purposes;
"(iii) section 481(hX5) of the Foreign Assistance Act of
1961 does not apply with respect to the purchasing country;
"(iv) the P r ^ i d e n t determines, in accordance with
subparagraph (C), that the sale is in the national interest of
the United States;
"(v) the Bank determines that, notwithstanding the provi-
sion of a guarantee or insurance for the sale, not more than
5 percent of the guarantee and insurance authority avail-
able to the Bank in any fiscal year will be used by the Bank
to support the sale of defense articles and services; and
"(vi) the sale is made on or before September 30, 1990.
"(C) In determining whether a sale of defense articles or President of U.S.
services would be in the national interest of the United States,
the President shall take into account whether the sale would—
"(i) be consistent with the anti-narcotics policy of the
United States;
"(ii) involve the end use of a defense article or service in a
major illicit drug producing or major drug-transit country
(as defined in section 481(i) of the Foreign Assistance Act of
1961); and
"(iii) be made to a country with a democratic form of
government.
"(DXi) The Board shall not give approval to guarantee or
insure a sale of defense articles or services unless—
"(I) the President determines, in accordance with
subparagraph (C), that it is in the national interest of the
United States for the Bank to provide such guarantee or
insurance; and
"(n) such determination has been reported to the Speaker
and the Committee on Banking, Finance and Urban Affairs
of the House of Representatives, and to the CJommittee on
Banking, Housing, and Urban Affairs and the Ck)mmittee
on Foreign Relations of the Senate, not less than 25 days or
continuous session of the Congress before the date of such
approval.
"(ii) For purposes of clause (i), continuity of a session of the
Coi^ress shall be considered as broken only by an adjournment
of the Congress sine die, and the days on which either House is
not in session because of an adjournment of more than 3 days to
102 STAT. 4294 PUBLIC LAW 100-690—NOV. 18, 1988
a day certain shall be excluded in the computation of the 25^ay
period referred to in such sentence.
"(E) The provision of a guarantee or insurance under subpara-
graph (B) shall be deemed to be the provision of security assist-
ance for purposes of section 502B of the Foreign Assistance Act
of 1961 (relating to governments which engage in a consistent
pattern of gross violations of international reo^nized human
rights).
"(F) To the extent that defense articles or services for which a
guarantee or insurance is provided under subparagraph (B) are
used for a purpose other than anti-narcotics purposes, they may
be used only for those purposes for which defense articles and
defense services sold under the Arms Export Control Act (relat-
ing to the foreign military sales prc^ram) may be used under
section 4 of such Act.
"(G) As used in this paragraph, the term 'defense articles and
services' means articles, services, and related technical data
that are designated as defense articles and defense services
pursuant to sections 38 and 47(7) of the Arms Export Ck)ntrol
Act and listed on the United States Munitions List (part 121 of
title 22 of the Code of Federal Regulations).".
Subtitle I—Miscellaneous Provisions
SEC. 4801. INTELLIGENCE COMMUNITY ACTIONS DIRECTED AT ILLICIT
INTERNATIONAL DRUG TRAFFICKING.
It is the sense of the Congress that, given the magnitude of the
illicit drug problem and the threat it poses to the national security
of the United States, agencies of the intelligence community should
be more actively involved in the effort to combat illicit international
drug trafficking.
SEC. 4802. CORRECTION OF TECHNICAL ERRORS IN PRIOR ACTS.
(a) ANTI-DRUG ABUSE ACT OP 1986.—<1) Section 20150)X1) of the
49 u s e app. Anti-Drug Abuse Act of 1986 is amended by striking out "effects"
1902 note. and inserting in lieu thereof "efforts".
100 Stat. (2) Section 2030(b) of that Act is amended by striking out "subsec-
3207-72. tion (AX4)" and inserting in lieu thereof "subsection (aX4)".
(b) 1986 DRUG ACT AMENDMENTS TO FOREIGN ASSISTANCE ACT.—
Section 481(iX4Xvi) of the Foreign Assistance Act of 1961 (as amend-
22 u s e 2291. ed by section 2()05 of the Anti-Drug Abuse Act of 1986) is amended
by striking out "section 1049(cX2)' and inserting in lieu thereof
"section 104(cX2)".
ehildren and SEC. 4803. RESOURCES FOR CERTAIN DRUG CONTROL ACTIVITIES.
youth.
21 u s e 1502 (a) FINDINGS.—The C!ongress finds that—
note. (1) there has been a severe, cancer-like growth of youth gangs
who abuse, transport, and traffic in illegal drugs;
(2) such youth gangs engage in acts of violence, often on a
random basis, resulting in death or serious bodily injury to
thousands of people, as weU as terrorizing tens of thousands of
others;
(3) such youth gangs have spread their activities from south-
e m CJalifomia to more than 50 cities throughout the United
States, thereby clearly indicating that the threat posed by these
g a n ^ is national in nature, requiring a strong Federal response;
i5*»%^-"
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4295
(4) stopping drugs at the source is one of the critical elements
of our Government's war on drugs; and
(5) the Airwing Operations of the Bureau of International
Narcotics Matters in the Department of State is an important
tool of our Government's policy against narcotics trafficking.
(b) REVIEW.—It is, therefore, the sense of the Congress that the
Director of National Drug Control Policy should review the entire
drug control problem to determine priorities for new resources or
shifting of existing resources, giving particular attention to—
(1) planning for and assistance to the Airwing Operations of
the Bureau of International Narcotics Matters in the Depart-
ment of State; and
(2) assistance to control the present and growing threat posed
to the Nation by youth gangs which traffic in illegal drugs.
(c) ADDITIONAL RESOURCES.—Based upon his findings, the Director
of National Drug Control Policy should consider, as necessary,
recommending significant resources in addition to those specifically
allocated in this Act.
SEC. 4804. CONSISTENCY WITH INTERNATIONAL OBLIGATIONS OF THE
UNITED STATES.
(a) In prescribing regulations under subtitle D of title V of this
Act, the head of the appropriate agency—
(1) shall only establish requirements that are consistent with
the international obligations of the United States, and
(2) shall take into consideration any applicable laws and
regulations of foreign countries.
(b) Section 5152 shall not be construed as conferring 41USC 701 note.
extraterritorial application of the provisions of such section.
TITLE V—USER ACCOUNTABILITY
SEC. 5001. TABLE OF CONTENTS.
The table of contents for this title is as follows:
TITLE V—USER ACCOUNTABILITY
Sec. 5001. Table of contents.
Subtitle A—Opposition to Legalization and Public Awareness
Sec. 5011. Sense of the Congress opposing legalization of drugs.
Sec. 5012. Public awareness campaign.
Subtitle B—National Commission on Drug-Free Schools
Sec. 5051. National commission on drug-free schools.
Subtitle C—Preventing Drug Abuse in Public Housing
CHAPTER 1—REGULATORY AND ENFORCEMENT PROVISIONS
Sec. 5101. Termination of tenancy in public housing.
Sec. 5102. Study of public housing security activities.
Sec. 5103. Report on impact of public housing lease and grievance regulation on
ability of pubHc housing agencies to take action against tenants engag-
ing in drug crimes.
Sec. 5104. Eligible activities under Bureau of Justice Assistance block grant
program.
Sec. 5105. Inclusion of leasehold interests in property subject to forfeiture under
Controlled Substances Act.
CHAPTER 2—PUBUC HOUSING DRUG ELIMINATION PILOT PROGRAM
Sec. 5121. Short title.
19-194 O—91—Part !
102 STAT. 4296 PUBLIC LAW 100-6J -NOV. 18, 1988
Sec. 5122. Congressional findings.
Sec. 5123. Authority to make grants.
Sec. 5124. Eligible activities.
Sec. 5125. Applications.
Sec. 5126. Definitions.
Sec. 5127. Implementation.
Sec. 5128. Report to Congress.
Sec. 5129. Authorization of appropriations.
CHAPTER 3—DRUG-FREE PUBUC HOUSING
Sec. 5141. Short title.
Sec. 5142. Statement of purpose.
Sec. 5143. Clearinghouse on drug abuse in public housing.
Sec. 5144. Regional training program on drug abuse in public housing.
Sec. 5145. Definitions.
Sec. 5146. Regulations.
Subtitle D—Drug-Free Workplace Act of 1988
Sec. 5151. Short title.
Sec. 5152. Drug-free workplace requirements for Federal contractors.
Sec. 5153. Drug-free workplace requirements for Federal grant recipients.
Sec. 5154. Employee sanctions and remedies.
Sec. 5155. Waiver.
Sec. 5156. Regulations.
Sec. 5157. Definitions.
Sec. 5158. Construction of subtitle.
Sec. 5159. Repeal of limitation on use of funds.
Sec. 5160. Effective date.
Subtitle E—President's Media Commission on Alcohol and Drug Abuse Prevention
Sec. 5201. Authorization of appropriations for President's Media Commission on
Alcohol and Drug Abuse Prevention.
Subtitle F—Drug-Free America Policy
Sec. 5251. United States policy for a drug-free America by 1995.
Subtitle G—Denial of Federal Benefits to Drug Traffickers and Possessors
Sec. 5301. Denial of Federal benefits to drug traffickers and possessors.
21 u s e 1502
note.
Subtitle A—Opposition to Legalization and
Public Awareness
SEC. 5011. SENSE OF THE CONGRESS OPPOSING LEGALIZATION OF
DRUGS.
The Congress finds that legalization of illegal drugs, on the Fed-
eral or State level, is an unconscionable surrender in a war in
which, for the future of our country and the lives of our children,
there can be no substitute for total victory.
SEC. 5012. PUBLIC AWARENESS CAMPAIGN.
The Director of National Drug Control Policy shall within 90 days
after confirmation by the Senate develop a program to inform the
American public of the provisions of this Act pertaining to penalties
for the use or possession of illegal drugs.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4297
Subtitle B—National Commission on Drug-
Free Schools
SEC. 5051. NATIONAL COMMISSION ON DRUG-FREE SCHOOLS. 20 USC 3172
(a) EsTABUSHMENT OF COMMISSION.—There is established a Na-
tional Commission on Drug-Free Schools (hereinafter referred to as
the "Commission").
(b) MEMBERSHIP OF THE COMMISSION.—(1) The Commission shall
consist of the following 26 members:
(A) The Secretary of Education (hereinafter referred to as the
"Secretary").
(B) The Director of National Drug Control Policy (hereinafter
referred to as the "Director").
(C) Sixteen individuals appointed by the Secretary and the
Director.
(D) Four members of the House of Representatives, of which 2
members shall be appointed by the Speaker of the House of
Representatives and 2 members shall be appointed by the
Minority Leader of the House of Representatives.
(E) Four members of the Senate, of which 2 members shall be
appointed by the Majority Leader of the Senate and 2 members
shall be appointed by the Minority Leader of the Senate.
(2) The Secretary and the Director shall cochair the Commission.
(3) The members of the Commission appointed under paragraph
(1)(C) shall consist of—
(A) experts in the fields of drug abuse prevention and
education;
(B) representatives of State and local school authorities;
(C) representatives of parent-teacher associations;
(D) representatives of national education organizations;
(E) representatives of community groups with demonstrated
records in drug abuse and prevention education;
(F) representatives of law enforcement officials; and
(G) other appropriate individuals as determined by the Sec-
retary and the Director.
(c) APPOINTMENTS.—Members shall be appointed to the Commis-
sion not later than 30 days after the date of the enactment of this
Act.
(d) VACANCIES.—A vacancy in the Commission shall be filled in
the same manner as the original appointment was made. A vacancy
in the Commission shall not affect the powers of the Commission.
(e) QUORUM.—Fourteen members of the Commission shall con-
stitute a quorum, but a lesser number may hold hearings.
if) DUTIES OF THE COMMISSION.—The Commission shall—
(1) develop recommendations of criteria for identifying drug-
free schools and campuses;
(2) develop recommendations for identifying model programs
to meet such criteria;
(3) make such other findings, recommendations, and proposals
as the Commission deems necessary to carry out the provisions
of this section; and
(4) prepare and submit a final report pursuant to subsec- Reports,
tion (i).
(g) COMPENSATION.—(1) Each member of the Commission who is
not an officer or employee of the United States shall be compensated
102 STAT. 4298 PUBLIC LAW 100-690—NOV. 18, 1988
at a rate established by the Commission not to exceed the daily
equivalent of the annual rate of basic pay prescribed for grade GS-
18 of the General Schedule under section 5332 of title 5, United
States Code, for each day (including travel time) during which such
member is engaged in the actual performance of duties as a member
of the Commission. Each member of the Commission who is an
officer or employee of the United States shall receive no additional
compensation for service on the Commission.
(2) While away from their homes or regular places of business in
the performance of duties for the Commission, all members of the
Commission shall be allowed travel expenses, including per diem in
lieu of subsistence, at a rate established by the Commission not to
exceed the rates authorized for employees of agencies under sections
5702 and 5703 of title 5, United States Code.
(h) ADMINISTRATIVE PROVISIONS.—(1) The Commission shall ap-
point an Executive Director who shall be compensated at a rate
established by the Commission not to exceed the rate of basic pay
prescribed for level V of the Executive Schedule under section 5316
of title 5, United States Code.
(2) With the approval of the Commission, the Executive Director
may appoint and fix the compensation of such additional personnel
as the Executive Director considers necessary to carry out the duties
of the Commission.
(3) Subject to such rules as may be issued by the Commission, the
cochairmen may procure temporary and intermittent services of
experts and consultants.
(4) Upon request of the cochairmen of the Commission, the head of
any Federal department, agency, or instrumentality shall make any
of the facilities and services of such department, agency, or
instrumentality available to the Commission and detail any of the
personnel of such department, agency, or instrumentality to the
Commission, on a nonreimbursable basis, to assist the Commission
in carrying out its duties under this section.
Mail. (5) The Commission may use the United States mails in the same
manner and under the same conditions as other departments and
agencies of the United States.
(6) Service of an individual £is a member of the Commission, or
employment of an individual by the Commission as an attorney or
expert in any business or professional field, on a part-time or full-
time basis, with or without compensation, shall not be considered as
service or employment bringing such individual within the provi-
sions of any Federal law relating to conflicts of interest or otherwise
imposing restrictions, requirements, or penalties in relation to the
employment of persons, the performance of services, or the payment
or receipt of compensation in connection with claims, proceedings,
or matters involving the United States. Service as a member of the
Commission, or as an employee of the Commission, shall not be
considered service in an appointive or elective position in the
Government for purposes of section 8344 of title 5, United States
Code, or comparable provisions of Federal law.
(i) REPORT OF COMMISSION.—The Commission shall report the
findings and recommendations determined under subsection (f)(3) as
well as proposals for any legislative action necessary to implement
the recommendations of the Commission to the President and the
Congress not later than 1 year after the date of the enactment of
this Act. The final report of the Commission shall include—
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4299
(1) recommended criteria for schools to meet to be considered
drug-free, which may include, but shall not be limited to—
(A) guidelines for the establishment of a drug education
program for all students in grades kindergarten through 12;
(B) a code of student conduct;
(C) referral to treatment for students found to be using
drugs; and
(D) coordinated programs for drug use prevention involv-
ing parents, teachers, counselors, local law enforcement
personnel, businesses, and community organizations;
(2) a discussion of such issues as—
(A) the proper relationship among schools, parents or
guardians, and law enforcement officials;
(B) what corrective measures should be imposed on stu-
dents found to be using drugs;
(C) whether the suspension of eligibility for student
assistance under title IV of the Higher Education Act upon
conviction of a drug-related offense is a deterrent to drug
use;
(D) any other measured response the Commission deems
appropriate; and
(E) the potentied effects of measured responses described
in this paragraph on civil liberties, educational programs,
nondrug-using students, and family relationships;
(3) a description of the assistance required by local school
districts to establish drug-free schools and the manner in which
local. State and Federal Government may provide such assist-
ance; and
(4) a description of the feasibility of certain programs de-
signed to enhance and raise self-esteem, self-confidence,
independence, and responsibility among students.
(j) POWERS OF COMMISSION.—(1) For the purpose of carrying out
this section, the Commission may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evi-
dence, as the Commission considers appropriate. The Commission
may administer oaths or affirmations to witnesses appearing before
the Commission.
(2) Any member or employee of the Commission may, if authorized
by the Commission, take any action which the Commission is au-
thorized to take by this subsection.
(3) The Commission may secure directly from any Federal agency
such information as may be necessary to enable the Commission to
carry out this Act. Upon request of the cochairmen of the Commis-
sion, the head of such agency shall furnish such information to the
Commission.
(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated such sums as may be necessary to carry out the
provisions of this section. Such sums shall remain available until
expended. Any new spending authority (within the meaning of
section 401 of the Congressional Budget Act of 1974) which is
provided under this section shall be effective for any fiscal year only
to the extent or in such amounts as are provided in appropriation
Acts.
102 STAT. 4300 PUBLIC LAW 100-690—NOV. 18, 1988
Subtitle C—Preventing Drug Abuse in Public
Housing
CHAPTER 1—REGULATORY AND ENFORCEMENT
PROVISIONS
SEC. 5101. TERMINATION OF TENANCY IN PUBLIC HOUSING.
Section 6(1) of the United States Housing Act of 1937 (42 U.S.C.
1437d(l)) is amended—
(1) by striking "and" at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting "; and ; and
(3) by adding at the end the following:
"(5) provide that a public housing tenant, any member of the
tenant s household, or a guest or other person under the ten-
ant's control shall not engage in criminal activity, including
drug-related criminal activity, on or near public housing prem-
ises, while the tenant is a tenant in public housing, and such
criminal activity shall be cause for termination of tenancy.
For purposes of paragraph (5), the term 'drug-related criminal activ-
ity' means the illegal manufacture, sale, distribution, use, or posses-
sion with intent to manufacture, sell, distribute, or use, of a con-
trolled substance (as defined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)).".
SEC. 5102. STUDY OF PUBLIC HOUSING SECURITY ACTIVITIES.
(a) IN GENERAL.—The Secretary of Housing and Urban Develop-
ment shall conduct a study of the extent to which security activities
in public housing projects are funded under the performance fund-
ing system established under section 9 of the United States Housing
Act of 1937 (42 U.S.C. 1437g).
(b) SPECIFIC REQUIREMENTS.—The study shall include an analysis
of—
(1) the extent to which the performance funding system cur-
rently takes into account, and should take into account, costs
associated with maintaining security, including the hiring of
security personnel, investigators, and security liaisons with
local law enforcement agencies;
(2) the extent to which public housing agencies have been
compelled to shift funds from tenant services, building mainte-
nance, or other eligible activities to security activities; and
(3) an estimate of the per unit additional cost necessary to
enable all public housing agencies to provide adequate security.
(c) REPORT.—Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of Housing and Urban Development
shall submit to the Congress a report setting forth the findings and
recommendations of the Secretary as a result of the study conducted
under this section.
42 u s e 1437d SEC. 5103. REPORT ON IMPACT OF PUBLIC HOUSING LEASE AND GRIEV-
note. ANCE REGULATION ON ABILITY OF PUBLIC HOUSING AGEN-
CIES TO TAKE ACTION AGAINST TENANTS ENGAGING IN
DRUG CRIMES.
The Secretary of Housing and Urban Development shall submit to
the Congress a report on the impact of the implementation of the
public housing tenancy and administrative grievance procedure
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4301
r ^ u l a t i o n s issued under section 6Gc) of the United States Housing
Act of 1937 (42 U.S.C. 1437d(k)) on the ability of pubUc housing
agencies to evict or take other appropriate action against tenants
engaging in criminal activity, especially with respect to the manu-
facture, sale, distribution, use, or possession of controlled substances
(as defined in section 102 of the Controlled Substances Act (21 U.S.C.
802)). The report shall be submitted not later th£in 12 months after
the date of the enactment of this Act.
SEC. 5104. EUGIBLE ACTIVITIES UNDER BUREAU OF JUSTICE ASSIST-
ANCE BLOCK GRANT PROGRAM.
Section 501(b) of the Omnibus O i m e Control and Safe Streets Act
of 1968 (as added by title VI of this Act) is amended— 42 u s e 3751.
(1) by inserting after paragraph (16) the following new
paragraph:
"(17) addressii^ the problems of drug trafficking and the
i l l ^ a l manufacture of controlled substances in public housing;";
and
(2) by redesignating the succeeding paragraphs accordingly.
SEC. 5105. INCLUSION OF LEASEHOLD INTERESTS IN PROPERTY SUBJECT
TO FORFEITURE UNDER CONTROLLED SUBSTANCES ACT.
Section 511(aX7) of the Controlled Substances Act (21 U.S.C.
881(aX7)) is amended by inserting "(including any leasehold in-
terest)" after "right, title, and interest".
CHAPTER 2—PUBLIC HOUSING DRUG ELIMINATION PILOT Public Housing
PROGRAM Drug
Elimination Act
of 1988.
SEC. 5121. SHORT TITLE.
42 u s e 11901
This chapter may be cited as the 'Public Housing Drug Elimi- note.
nation Act of 1988".
SEC. 5122. CONGRESSIONAL FINDINGS. 42 u s e 11901.
The Congress finds that—
(1) the Federal (Jovemment has a duty to provide public
housing that is decent, safe, and free from i l l ^ a l drugs;
(2) public housing projects in many areas si&er from rampant
drug-related crime;
(3) drug dealers are increasingly imposing a reign of terror on
public housing tenants;
(4) the increase in drug-related crime not only leads to mur-
ders, muggings, and other forms of violence against tenants, but
also to a deterioration of the physical environment that requires
substantial government expenditures; and
(5) local law enforcement authorities often lack the resources
to deal with the drug problem in public housing, particularly in
light of the recent reductions in Federal aid to cities.
SEC. 5123. AUTHORITY TO MAKE GRANTS. 42 u s e 11902.
The Secretaiy of Housing and Urban Development, in accordance
with the provisions of this chapter, may make grants to public
housing agencies (including Indian housing authorities) for use in
eliminating drug-related crime in public housing projects.
SEC. 5124. ELIGIBLE ACTIVITIES. 42 u s e 11903.
A public housing agency may use a grant under this chapter for— Grants.
102 STAT. 4302 PUBLIC LAW 100-690—NOV. 18, 1988
(1) the employment of security personnel in public housing
projects;
(2) reimbursement of local law enforcement agencies for addi-
tional security and protective services for public housing
projects;
(3) physical improvements in public housing projects which
are specifically designed to enhance security;
(4) the employment of 1 or more individuals—
(A) to investigate drug-related crime on or about the real
property comprising any public housing project; and
(B) to provide evidence relating to any such crime in any
administrative or judicial proceeding;
(5) the provision of training, communications equipment, and
other related equipment for use by voluntary public housing
tenant patrols acting in cooperation with local law enforcement
officials;
(6) innovative programs designed to reduce use of drugs in
and around public housing projects; and
(7) providing funding to nonprofit public housing resident
management corporation and tenant councils to develop
security and drug abuse prevention programs involving site
residents.
42 u s e 11904. SEC. 5125. APPLICATIONS.
(a) IN GENERAL.—To receive a grant under this chapter, a public
housing agency shall submit an application to the Secretary, at such
time, in such manner, and accompanied by such additional informa-
tion as the Secretary may reasonably require. Such application shall
include a plan for addressing the problem of drug-related crime on
the premises of public housing projects administered by the public
housing agency.
(b) CRITERIA.—The Secretary shall approve applications under this
chapter based upon—
(1) the extent of the crime problem in the facilities of the
public housing project;
(2) the quality of the plan of the public housing agency to
address crime in public housing projects;
(3) the capability of the public housing agency to carry out the
plan; and
(4) the extent to which the local government and local
community support the anti-crime activities of the public hous-
ing agency.
42 u s e 11905. SEC. 5126. DEFINITIONS.
For purposes of this chapter:
(1) CoNTROixED SUBSTANCE.—The term "controlled substance"
has the meaning given such term in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802).
(2) DRUG-RELATED CRIME.—The term "drug-related crime"
means the illegal manufacture, sale, distribution, use, or posses-
sion with intent to manufacture, sell, distribute, or use, of a
controlled substance.
(3) SECRETARY.—The term "Secretary" means the Secretary of
Housing and Urban Development.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4303
SEC. 5127. IMPLEMENTATION. 42 use 11906.
The Secretary shall issue regulations to implement this chapter Regulations.
within 180 days after the date of the enactment of this Act.
SEC. 5128. REPORT TO CONGRESS. 42 u s e 11907.
Not later than June 30, 1990, the Secretary, in consultation with
the Director of National Drug Control Policy, shall submit to the
Congress a report setting forth the activities carried out under the
program established in this chapter. The report shall include any
recommendations of the Secretary for revisions necessary to make
the program more effective.
SEC. 5129. AUTHORIZATION OF APPROPRIATIONS. 42 u s e 11908.
There are authorized to be appropriated to carry out this chapter
$8,200,000 for fiscal year 1989 and such sums as may be necessary
for fiscal year 1990. Any amount appropriated under this section
shall remain available until expended.
CHAPTER 3—DRUG-FREE PUBLIC HOUSING Drug-Free
Public Housing
SEC. 5141. SHORT TITLE. Act of 1988.
42 u s e 11901
This chapter may be cited as the "Drug-Free Public Housing Act note.
of 1988".
SEC. 5142. STATEMENT OF PURPOSE. 42 u s e 11921.
The purpose of this chapter is to reaffirm the principle that
decent affordable shelter is a basic necessity, and the general wel-
fare of the Nation and the health and living standards of its people
require better coordination and training in drug prevention pro-
grams among the public officials and agencies responsible for
administering the public housing programs of the Nation.
SEC. 5143. CLEARINGHOUSE ON DRUG ABUSE IN PUBLIC HOUSING. 42 u s e 11922.
(a) EsTABUSHMENT.—The Secretary of Housing and Urban Devel-
opment shall establish, in the Office of Public Housing in the
Department of Housing and Urban Development, a clearinghouse to
receive, collect, process, and assemble information regarding the
abuse of controlled substances in public housing projects.
(h) FUNCTIONS.—The clearinghouse established under subsection
(a) shall—
(1) respond to inquiries by members of the public requesting
assistance in investigating, studying, and working on the prob-
lem of the abuse of controlled substances; and
(2) receive, collect, process, assemble, and provide information
on programs, authorities, institutions, and agencies, that may
further assist members of the public requesting information
from the clearinghouse.
SEC. 5144. REGIONAL TRAINING PROGRAM ON DRUG ABUSE IN PUBLIC 42 u s e 11923.
HOUSING.
(a) EsTABUSHMENT.—The Secretary shall establish a regional
training program for the training of public housing officials, to
better prepare and educate the officials to confront the widespread
abuse of controlled substances in the communities in which the
officials work.
0)) OPERATION.—The regional training program established under
subsection (a) shall be conducted within 12 months after the date of
102 STAT. 4304 PUBLIC LAW 100-690—NOV. 18, 1988
the enactment of this Act by a national training unit established by
the Secretary.
42 u s e 11924. SEC. 5145. DEFINITIONS.
For purposes of this chapter:
(1) CONTROLLED SUBSTANCE.—The term "controUed substance"
has the meaning given such term in section 102 of the Con-
troUed Substances Act (21 U.S.C. 802).
(2) SECRETARY.—^The term "Secretary" means the Secretary of
Housing and Urban Development.
42 u s e 11925. SEC. 5146. REGULATIONS.
Not later than 6 months after the date of the enactment of this
Act, the Secretary shall issue any r ^ u l a t i o n s necessary to carry out
this chapter.
wo?kpia?e Act Subtitlc D—Drug-Frec Workplace Act of 1988
of 1988.
41 u s e 701 note. ggc. 5151. SHORT TITLE.
This subtitle may be cited as the "Drug-Free Workplace Act of
1988".
41 u s e 701. SEC. 5152. DRUG-FREE WORKPLACE REQUIREMENTS FOR FEDERAL
CONTRACTORS.
(a) DRUG-FREE WORKPLACE REQUIREMENT.—
(1) REQUIREMENT FOR PERSONS OTHER THAN iNDivrouAis.—No
person, other than an individual, shall be considered a respon-
sible source, under t h e meaning of such term as defined in
section 4(8) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(8)), for the purposes of being awarded a contract for
the procurement of any property or services of a value of
$25,000 or more from any Federsd agency unless such person
has certified to the contracting agency that it will provide a
drug-free workplace by—
(A) publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensation, posses-
sion, or use of a controlled substance is prohibited in the
person's workplace and specifying the actions that will be
taken against employees for violations of such prohibition;
(B) establishing a drug-free awareness p n ^ a m to inform
employees about—
(i) the dauigers of drug abuse in the workplace;
(ii) the person's policy of maintaining a drug-free
workplace;
(iii) any available drug counseling, rehabilitation,
and employee assistance p r c ^ a m s ; and
(iv) the penalties that may be imposed upon employ-
ees for drug abuse violations;
(C) making it a requirement that each employee to be
engaged in the performance of such contract be given a
copy of the statement required by subparagraph (A);
(D) notifying the employee in the statement required by
subparagraph (A), that as a condition of employment on
such contract, the employee will—
(i) abide by the terms of the statement; and
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4305
(ii) notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no
later than 5 days after such conviction;
(E) notifying the contracting agency within 10 days after
receiving notice under subparagraph (DXii) from an
employee or otherwise receiving actual notice of such
conviction;
(F) imposing a sanction on, or requiring the satisfactory
participation in a drug abuse assistance or rehabilitation
program by, any employee who is so convicted, as required
by section 5154; and
(G) making a good faith effort to continue to maintain a
drug-free workplace through implementation of subpara-
graphs (A), (B), (C), (D), (E), and (F).
(2) REQUIREMENT FOR INDIVIDUALS.—NO Federal agency shall
enter into a contract with an individual unless such contract
includes a certification by the individual that the individual will
not engage in the unlawful manufacture, distribution, dispen-
sation, possession, or use of a controlled substance in the
performance of the contract,
(b) SUSPENSION, TERMINATION, OR DEBARMENT OF THE CONTRAC-
TOR.—
(1) GROUNDS FOR SUSPENSION, TERMINATION, OR DEBARMENT.—
Each contract awarded by a Federal agency shall be subject to
suspension of payments under the contract or termination of
the contract, or both, and the contractor thereunder or the
individual who entered the contract with the Federal agency, as
applicable, shall be subject to suspension or debarment in
accordance with the requirements of this section if the head of
the agency determines that—
(A) the contractor or individual has made a false certifi-
cation under subsection (a);
(B) the contractor violates such certification by failing to
carry out the requirements of subparagraph (A), (B), (C), (D),
(E), or (F) of subsection (aXD; or
(C) such a number of employees of such contractor have
been convicted of violations of criminal drug statutes for
violations occurring in the workplace as to indicate that the
contractor has failed to make a good faith effort to provide
a drug-free workplace as required by subsection (a).
(2) CONDUCT OF SUSPENSION, TERMINATION, AND DEBARMENT
PROCEEDINGS.—(A) If a contracting officer determines, in writ-
ing, that cause for suspension of payments, termination, or
suspension or debarment exists, an appropriate action shall be
initiated by a contracting officer of the agency, to be conducted
by the agency concerned in accordance with the Federal Ac-
quisition Regulation and applicable agency procedures.
(B) The Federal Acquisition Regulation shall be revised to
include rules for conducting suspension and debarment proceed-
ings under this subsection, including rules providing notice,
opportunity to respond in writing or in person, and such other
procedures as may be necessary to provide a full and fair
proceeding to a contractor or individual in such proceeding.
(3) EFFECT OF DEBARMENT.—Upon issuance of any final deci-
sion under this subsection requiring debarment of a contractor
or individual, such contractor or individual shall be ineligible
for award of any contract by any Federal agency, and for
102 STAT. 4306 PUBLIC LAW 100-690—NOV. 18, 1988
participation in any future procurement by any Federal agency,
for a period specified in the decision, not to exceed 5 years.
41 u s e 702. SEC. 5153. DRUG-FREE WORKPLACE REQUIREMENTS FOR FEDERAL
GRANT RECIPIENTS.
(a) DRUG-FREE WORKPLACE REQUIREMENT.—
(1) PERSONS OTHER THAN INDIVIDUALS.—No person, other than
an individual, shall receive a grant from any Federal agency
unless such person has certified to the granting agency that it
will provide a drug-free workplace by—
(A) publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensation, posses-
sion, or use of a controlled substance is prohibited in the
grantee's workplace and specifying the actions that will be
taken against employees for violations of such prohibition;
(B) establishing a drug-free awareness program to inform
employees about—
(i) the dangers of drug abuse in the workplace;
(ii) the grantee's policy of maintaining a drug-free
workplace;
(iii) any available drug counseling, rehabilitation,
and employee assistance programs; and
(iv) the penalties that may be imposed upon em-
ployees for drug abuse violations;
(C) making it a requirement that each employee to be
engaged in the performance of such grant be given a copy of
the statement required by subparagraph (A);
(D) notifying the employee in the statement required by
subparagraph (A), that as a condition of employment in
such grant, the employee will—
(i) abide by the terms of the statement; and
(ii) notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no
later than 5 days after such conviction;
(E) notifying the granting agency within 10 days after
receiving notice of a conviction under subparagraph (D)(ii)
from an employee or otherwise receiving actual notice of
such conviction;
(F) imposing a sanction on, or requiring the satisfactory
participation in a drug abuse assistance or rehabilitation
program by, any employee who is so convicted, as required
by section 5154; and
(G) making a good faith effort to continue to maintain a
drug-free workplace through implementation of subpara-
graphs (A), (B), (C), (D), (E), and (F).
(2) INDIVIDUALS.—No Federal agency shall make a grant to
any individual unless such individual certifies to the agency as
a condition of such grant that the individual will not engage in
the unlawful manufacture, distribution, dispensation, posses-
sion, or use of a controlled substance in conducting any activity
with such grant.
(b) SUSPENSION, TERMINATION, OR DEBARMENT OF THE GRANTEE.—
(1) GROUNDS FOR SUSPENSION, TERMINATION, OR DEBARMENT.—
Each grant awarded by a Federal agency shall be subject to
suspension of payments under the grant or termination of the
grant, or both, and the grantee thereunder shall be subject to
suspension or debarment, in accordance with the requirements
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4307
of this section if the agency head of the granting agency or his
official designee determines, in writing, that—
(A) the grantee has made a false certification under
subsection (a);
(B) the grantee violates such certification by failing to
carry out the requirements of subparagraph (A), (B), (C), (D),
(E), (F), or (G) of subsection (aXD; or
(C) such a number of employees of such grantee have
been convicted of violations of criminal drug statutes for
violations occurring in the workplace as to incUcate that the
grantee has failed to make a g<xxl faith effort to provide a
drug-free workplace as required by subsection (aXl).
(2) CONDUCT OF SUSPENSION, TERMINATION, AND DEBARMENT
PROCEEDINGS.—A suspeusion of payments, termination, or
suspension or debarment proceeding subject to this subsection
shall be conducted in accordance with applicable law, including
Executive Order 12549 or any superseding Executive order and
any r^ulations promulgated to implement such law or Execu-
tive order.
(3) EFFECT OF DEBARMENT.—Upon issuance of any final deci-
sion under this subsection requiring debarment of a grantee,
such grantee shall be ineligible for award of any grant from any
Federal agency and for participation in any future grant from
any Federal agency for a period specified in the decision, not to
exceed 5 years.
SEC. 5154. EMPLOYEE SANCTIONS AND REMEDIES. 41 USC 703.
A grantee or contractor shall, within 30 days after receiving
notice from an employee of a conviction pursuant to section
5152(aXl)(DXii) or 5153(aXlXDXii)—
(1) take appropriate personnel action against such employee
up to and includmg termination; or
(2) require such employee to satisfactorily participate in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law enforce-
ment, or other appropriate agency.
SEC. 5155. WAIVER 41 USC 704.
(a) IN GENERAL.—^A termination, suspension of payments, or
suspension or debarment under this subtitle may be waived by the
head of an agency with respect to a particular contract or grant if—
(1) in the case of a waiver with respect to a contract, the head
of the agency determines under section 5152(bXl), after the
^ issuance of a final determination under such section, that
suspension of payments, or termination of the contract, or
suspei^ion or debarment of the contractor, or refusal to permit
a person to be treated as a responsible source for a contract, as
the case may be, would severely disrupt the operation of such
agency to the detriment of the Federal Government or the
general pubUc; or
(2) in the case of a waiver with respect to a grant, the head of
the agency determines that suspension of payments, termi-
nation of the grant, or suspension or debarment of the grantee
would not be in the public interest.
0?) EXCLUSIVE AUTHORITY.—The authority of the head of an
agency under this section to waive a termination, suspension, or
debarment shall not be delegated.
102 STAT. 4308 PUBLIC LAW 100-690—NOV. 18, 1988
41 u s e 705. SEC. 5156. REGULATIONS.
Not later than 90 days after the date of enactment of this subtitle,
the governmentwide regulations governing actions under this sub-
title shall be issued pursuant to the Office of Federal Procurement
Policy Act (41 U.S.C. 401 et seq.).
41 u s e 706. SEC. 5157. DEFINITIONS.
For purposes of this subtitle—
(1) the term "drug-free workplace" means a site for the
performance of work done in connection with a specific grant or
contract described in section 5152 or 5153 of an entity at which
employees of such entity are prohibited from engaging in the
unlawful manufacture, distribution, dispensation, possession, or
use of a controlled substance in accordance with the require-
ments of this Act;
(2) the term "employee" means the employee of a grantee or
contractor directly engaged in the performance of work pursu-
ant to the provisions of the grant or contract described in
section 5152 or 5153;
(3) the term "controlled substance" means a controlled sub-
stance in schedules I through V of section 202 of the Controlled
Substances Act (21 U.S.C. 812);
(4) the term "conviction" means a finding of guilt (including a
plea of nolo contendere) or imposition of sentence, or both, by
any judicial body charged with the responsibility to determine
violations of the Federal or State criminal drug statutes;
(5) the term "criminal drug statute" means a criminal statute
involving manufacture, distribution, dispensation, use, or
possession of any controlled substance;
(6) the term "grantee" means the department, division, or
other unit of a person responsible for the performance under
the grant;
(7) the term "contractor" means the department, division, or
other unit of a person responsible for the performance under
the contract; and
(8) the term "Federal agency" means an agency as that term
is defined in section 552(f) of title 5, United States Code.
41 u s e 707. SEC. 5158. CONSTRUCTION OF SUBTITLE.
Nothing in this subtitle shall be construed to require law enforce-
ment agencies, if the head of the agency determines it would be
inappropriate in connection with the agency's undercover oper-
ations, to comply with the provisions of this subtitle.
SEC. 5159. REPEAL OF LIMITATION ON USE OF FUNDS.
Section 628 of Public Law 100-440 (relating to restrictions on the
Ante, p. 1758. use of certain appropriated amounts) is amended—
(1) by striking "(a)" after "SEC. 628."; and
(2) by striking subsection (b).
41 u s e 701 note. SEC. 5160. EFFECTIVE DATE.
Sections 5152 and 5153 shall be effective 120 days after the date of
the enactment of this subtitle.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4309
Subtitle E—President's Media Commission on
Alcohol and Drug Abuse Prevention
SEC. 5201. AUTHORIZATION OF APPROPRIATIONS FOR PRESIDENT'S
MEDIA COMMISSION ON ALCOHOL AND DRUG ABUSE
PREVENTION.
There are authorized to be appropriated for the President's Media
Commission on Alcohol and Drug Abuse Prevention—
(1) $1,000,000 for the fiscal year ending September 30, 1989;
(2) $1,000,000 for the fiscal year ending September 30, 1990;
and
(3) $1,000,000 for the fiscal year ending September 30, 1991.
Subtitle F—Drug-Free America Policy
SEC. 5251. UNITED STATES POLICY FOR A DRUG-FREE AMERICA BY 1995. 21 USC 1502
(a) FINDINGS.—The Congress finds that—
(1) approximately 37 million Americans used an illegal drug
in the past year and more than 23 million Americans use illicit
drugs at least monthly, including more than 6 million who use
cocaine;
(2) half of all high school seniors have used illegal drugs at
legist once, and over 25 percent use drugs at least monthly;
(3) illicit drug use adds enormously to the national cost of
health care and rehabilitation services;
(4) illegal drug use can result in a wide spectrum of extremely
serious health problems, including disruption of normal heart
rh3rthm, small lesions of the heart, high blood pressure, leaks of
blood vessels in the brain, bleeding and destruction of brain
cells, permanent memory loss, infertility, impotency, immune
system impairment, kidney failure, and pulmonary damage,
and in the most serious instances, heart attack, stroke, and
sudden death;
(5) approximately 25 percent of all victims of AIDS acquired
the disesise through intravenous drug use;
(6) over 30,000 people were admitted to emergency rooms in
1986 with drug-related health problems, including nearly 10,000
for cocaine alone;
(7) there is a strong link between teenage suicide and use of
illegal drugs;
(8) 10 to 15 percent of all highway fatalities involve drug use;
(9) illegal drug use is prevalent in the workplace and endan-
gers fellow workers, national security, public safety, company
morale, and production;
(10) it is estimated that 1 of every 10 American workers have
their productivity impaired by substance abuse;
(11) it is estimated that drug users are 3 times as likely to be
involved in on-the-job accidents, are absent from work twice as
often, and incur 3 times the average level of sickness costs as
non-users;
(12) the total cost to the economy of drug use is estimated to
be over $100,000,000,000 annually;
(13) the connection between drugs and crime is also well-
proven;
102 STAT. 4310 PUBLIC LAW 100-690—NOV. 18, 1988
(14) the use of illicit drugs affects moods and emotions, chemi-
cally alters the brain, and causes loss of control, paranoia,
reduction of inhibition, and unprovoked anger;
(15) drug-related homicides are increasing dramatically across
the Nation;
(16) 8 of 10 men arrested for serious crimes in New York City
test positive for cocaine use;
(17) Ulicit drug use is responsible for a substantially higher
tax rate to pay for local law enforcement protection, interdic-
tion, border control, and the cost of investigation, prosecution,
confinement, and treatment;
(18) substantial increases in funding and resources have been
made available in recent years to combat the drug problem,
with spending for interdiction, law enforcement, and prevention
programs up by 100 to 400 percent and these programs are
producing results—
(A) seizures of cocaine are up from 1.7 tons in 1981 to 70
tons in 1987;
(B) seizures of heroin are up from 460 pounds in 1981 to
1,400 pounds in 1987;
(C) Drug Enforcement Administration drug convictions
doubled between 1982 and 1986; and
(D) the average sentence for Federal cocaine convictions
rose by 35 percent during this same period;
(19) despite the impressive rise in law enforcement efforts, the
supply of illegal drugs has increased in recent years;
(20) the demand for drugs creates and sustains the illegal
drug trade; and
(21) winning the drug war not only requires that we do more
to limit supply, but that we focus our efforts to reduce demand.
(b) DECLARATION.—It is the declared policy of the United States
Government to create a Drug-Free America by 1995.
Subtitle G—Denial of Federal Benefits to Drug
TrafHckers and Possessors.
21 u s e 853a. SEC 5301. DENIAL OF FEDERAL BENEFITS TO DRUG TRAFFICKERS AND
POSSESSORS.
Courts, U.S. (a) DRUG TRAFFICKERS.—(1) Any individual who is convicted of any
Federal or State offense consisting of the distribution of controlled
substances (as such terms are defined for purposes of the Controlled
Substances Act) shall—
(A) at the discretion of the court, upon the first conviction for
such an offense be ineligible for any or all Federal bene-
fits for up to 5 years after such conviction;
(B) at the discretion of the court, upon a second conviction for
such an offense be ineligible for any or all Federal benefits for
up to 10 years after such conviction; and
(C) upon a third or subsequent conviction for such an offense
be permanently ineligible for all Federal benefits.
(2) The benefits which are denied under this subsection shall not
include benefits relating to long-term drug treatment programs for
addiction for any person who, if there is a reasonable body of
evidence to substantiate such declaration, declares himself to be an
addict and submits himself to a long-term treatment program for
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4311
addiction, or is deemed to be rehabilitated pursuant to rules estab-
lished by the Secretary of Health and Human Services.
(b) DRUG POSSESSORS.—(1) Any individual who is convicted of any
Federal or State offense involving the possession of a controlled
substance (as such term is defined for purposes of the Controlled
Substances Act) shall—
(A) upon the first conviction for such an offense and at the
discretion of the court—
(i) be ineligible for any or all Federal benefits for up to
one year;
(ii) be required to successfully complete an approved drug
treatment program which includes periodic testing to
insure that the individual remains drug free;
(iii) be required to perform appropriate community serv-
ice; or
(iv) any combination of clauses (i), (ii), or (iii); and
(B) upon a second or subsequent conviction for such an offense
be ineligible for all Federal benefits for up to 5 years after such
conviction as determined by the court. The court shall continue
to have the discretion in subparagraph (A) above. In imposing
penalties and conditions under subparagraph (A), the court may
require that the completion of the conditions imposed by clause
(ii) or (iii) be a requirement for the reinstatement of benefits
under clause (i).
(2) The penalties and conditions which may be imposed under this
subsection shall be waived in the C£ise of a person who, if there is a
reasonable body of evidence to substantiate such declaration, de-
clares himself to be an addict and submits himself to a long-term
treatment program for addiction, or is deemed to be rehabilitated
pursuant to rules established by the Secretary of Health and
Human Services.
(c) SUSPENSION OF PERIOD OF INEUGIBIUTY.—The period of ineli-
gibility referred to in subsections (a) and (b) shall be suspended if the
individual—
(A) completes a supervised drug rehabilitation program
after becoming ineligible under this section;
(B) has otherwise been rehabilitated; or
(C) has made a good faith effort to gain admission to a
supervised drug rehabilitation program, but is unable to do
so because of inaccessibility or unavailability of such a
program, or the inability of the individual to pay for such a
program.
(d) DEFINITIONS.—As used in this section—
(1) the term "Federal benefit"—
(A) means the issuance of any grant, contract, loan,
professional license, or commercial license provided by an
agency of the United States or by appropriated funds of the
United States; and
(B) does not include any retirement, welfare. Social Secu-
rity, health, disability, veterans benefit, public housing, or
other similar benefit, or any other benefit for which pay-
ments or services are required for eligibility; and
(2) the term "veterans benefit" means all benefits provided to
veterans, their families, or survivors by virtue of the service of a
veteran in the Armed Forces of the United States.
(e) INAPPUCABIUTY OF THIS SECTION TO GOVERNMENT WITNESSES.—
The penalties provided by this section shall not apply to any Individ-
102 STAT. 4312 PUBLIC LAW 100-690—NOV. 18, 1988
ual who cooperates or testifies with the Government in the prosecu-
tion of a Federal or State offense or who is in a Government witness
protection program.
(0 INDIAN PROVISION.—Nothing in this section shall be construed
to affect the obligation of the United States to any Indian or Indian
tribe arising out of any treaty, statute. Executive order, or the trust
responsibility of the United States owing to such Indian or Indian
tribe. Nothing in this subsection shall exempt any individual Indian
from the sanctions provided for in this section, provided that no
individual Indian shall be denied any benefit under Federal Indian
programs comparable to those described in subsection (d)(1)(B) or
(d)(2) above.
(g) PRESIDENTIAL REPORT.—(1) On or before May 1, 1989, the
President shall transmit to the CJongress a report—
(A) delineating the role of State courts in implementing this
section;
(B) describing the manner in which Federal agencies will
implement and enforce the requirements of this section;
(C) detailing the means by which Federal and State agencies,
courts, and law enforcement £igencies will exchange and share
the data and information necessary to implement and enforce
the withholding of Federal benefits; and
(D) recommending any modifications to improve the adminis-
tration of this section or otherwise achieve the goal of discourag-
ing the trafficking and possession of controlled substances.
(2) No later than September 1, 1989, the Congress shall consider
the report of the President and enact such changes as it deems
appropriate to further the goals of this section.
(h) EFFECTIVE DATE.—The denial of Federal benefits set forth in
this section shall take effect for convictions occurring after Septem-
ber 1,1989.
Anti-Drug Abuse
Amendments TITLE VI—ANTI-DRUG ABUSE
Act of 1988.
AMENDMENTS ACT OF 1988
21 u s e 801 note. SEC. 6001. SHORT TITLE.
This title may be cited as the "Anti-Drug Abuse Amendments Act
of 1988".
Chemical
Diversion and Subtitle A—Chemical Diversion and
Trafficking Act
of 1988. Trafficking
21 u s e 801 note. SEC. 6051. SHORT TITLE.
This subtitle may be cited as the "Chemical Diversion and
Trafficking Act of 1988".
SEC. 6052. REGULATION OF LISTED CHEMICALS AND CERTAIN MACHINES.
(a) IN GENERAL.—Section 310 of the Controlled Substances Act (21
U.S.C. 830) is amended to read as follows:
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4313
REGULATION OF USTBD CHEMICALS AND CERTAIN MACHINES
"SEC. 310. (aXl) Each regulated person who engages in a regulated Records.
transaction involving a listed chemical, a tableting machine, or an 21 u s e 830.
encapsulating machine shall keep a record of the transaction—
"(A) for 4 years after the date of the transaction, if the listed
chemical is a precursor chemical or if the transaction involves a
tableting machine or an encapsulating machine; and
"(B) for 2 years after the date of the transaction, if the listed
chemical is an essential chemical.
"(2) A record under this subsection shall be retrievable and shall
include the date of the regulated transaction, the identity of each
party to the regulated transaction, a statement of the quantity and
form of the listed chemical, a description of the tableting machine or
encapsulating machine, and a description of the method of transfer.
Such record shall be available for inspection and copying by the
Attorney General.
"(3) It is the duty of each regulated person who engeiges in a
regulated transaction to identify each other party to the trans-
action. It is the duty of such other party to present proof of identity
to the regulated person. The Attorney General shall specify by
regulation the types of documents and other evidence that con-
stitute proof of identity for purposes of this paragraph.
"(b) Each regulated person shall report to the Attorney Greneral, Reports.
in such form and manner as the Attorney General shall prescribe by
regulation—
"(1) any regulated transaction involving an extraordinary
quantity of a listed chemical, an uncommon method of payment
or delivery, or any other circumstance that the regulated person
believes may indicate that the listed chemical will be used in
violation of this title;
"(2) any proposed regulated transaction with a person whose
description or other identifying characteristic the Attorney
General furnishes in advance to the regulated person;
"(3) any unusual or excessive loss or disappearance of a listed
chemical under the control of the regulated person; and
"(4) any regulated transaction in a tableting machine or an
encapsulating machine.
Each report under paragraph (1) shall be made at the earliest
practicable opportunity after the regulated person becomes aware of
the circumstance involved. A regulated person may not complete a
transaction with a person whose description or identifjdng char-
acteristic is furnished to the regulated person under paragraph (2)
unless the transaction is approved by the Attorney General. The
Attorney General shall make available to regulated persons guid-
ance documents describing transactions and circumstances for
which reports are required under paragraph (1) and paragraph (3).
"(cXD Except as provided in paragraph (2), any information ob-
tained by the Attorney General under this section which is exempt
from disclosure under section 552(a) of title 5, United States Code, by
reason of section 552(bX4) of such title, is confidential and may not
be disclosed to any person.
"(2) Information referred to in paragraph (10 may be disclosed
only—
"(A) to an officer or employee of the United States engaged in
carrying out this title, title III, or the customs laws;
102 STAT. 4314 PUBLIC LAW 100-690—NOV. 18, 1988
"(B) when relevant in any investigation or proceeding for the
enforcement of this title, title III, or the customs laws;
International "(C) when necessary to comply with an obligation of the
agreements. United States under a treaty or other international agreement;
or
"(D) to a State or local official or employee in conjunction
with the enforcement of controlled substances laws or precursor
chemical laws.
"(3) The Attorney General shall—
"(A) take such action as may be necessary to prevent un-
authorized disclosure of information by any person to whom
such information is disclosed under paragraph (2); and
"(B) issue guidelines that limit, to the maximum extent fea-
sible, the disclosure of proprietary business information, includ-
ing the names or identities of United States exporters of listed
chemicals, to any person to whom such information is disclosed
under paragraph (2).
"(4) Any person who is aggrieved by a disclosure of information in
violation of this section may bring a civil action against the violator
for appropriate relief.
"(5) Notwithstanding paragraph (4), a civil action may not be
brought under such paragraph against investigative or law enforce-
ment personnel of the Drug Enforcement Administration.".
(b) CLERICAL AMENDMENT.—The table of contents of the Com-
prehensive Drug Abuse Prevention and Control Act of 1970 is
amended by striking out the item relating to section 310 and
inserting in lieu thereof the following:
"310. Regulation of listed chemicals and certain machines.".
SEC. 6053. NOTIFICATION, SUSPENSION OF SHIPMENT, AND PENALTIES
WITH RESPECT TO IMPORTATION AND EXPORTATION OF
LISTED CHEMICALS.
(a) I N GENERAL.—Part A of the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.) is amended by adding at the end
the following new section:
"NOTIFICATION, SUSPENSION OF SHIPMENT, AND PENALTIES WITH
RESPECT TO IMPORTATION AND EXPORTATION OF USTED CHEMICALS
21 u s e 971. "SEC. 1018. (a) Each regulated person who imports or exports a
listed chemical shall notify the Attorney General of the importation
or exportation not later than 15 days before the transaction is to
take place.
Regulations. "0)X1) The Attorney General shall provide by regulation for cir-
cumstances in which the requirement of subsection (a) does not
apply to a transaction between a regulated person and a regular
customer or regular supplier of the regulated person. At the time of
any importation or exportation constituting a transaction referred to
in the preceding sentence, the regulated person shall notify the
Attorney General of the transaction.
"(2) The regulations under this subsection shall provide that the
initial notification under subsection (a) with respect to a customer or
supplier of a regulated person shall, upon the expiration of the 15-
day period, qualify the customer as a regular customer or regular
supplier, unless the Attorney General otherwise notifies the regu-
lated person in writing.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4315
"(c)(1) The Attorney General may order the suspension of any Commerce and
importation or exportation of a listed chemical (other than a regu- ^'•^'^®-
lated transaction to which the requirement of subsection (a) does not
apply by reason of subsection (b)) or may disqualify any regular
customer or regular supplier on the ground that the chemical may
be diverted to the clandestine manufacture of a controlled sub-
stance. From and after the time when the Attorney General pro-
vides written notice of the order (including a statement of the legal
and factual basis for the order) to the regulated person, the regu-
lated person may not carry out the transaction.
"(2) Upon written request to the Attorney General, a regulated
person to whom an order applies under pareigraph (1) 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.".
(b) EFFECTIVE DATES AND SPECIAL RULES.—(1) Not later than 45 21 use 971 note,
days after the date of the enactment of this Act, the Attorney
General shall forward to the Director of the Office of Management
and Budget proposed regulations required by the amendment made
by subsection (a).
(2) Not later than 55 days after the date of the enactment of this
Act, the Director of the Office of Management and Budget shall—
(A) review such proposed regulations of the Attorney General;
and
(B) forward any comments and recommendations for modi-
fications to the Attorney General.
(3) Not later than 60 days after the date of the enactment of this
Act, the Attorney General shall publish the proposed final regula-
tions required by the amendment made by subsection (a).
(4) Not later than 120 days after the date of the enactment of this Regulations.
Act, the Attorney General shall promulgate final regulations re-
quired by the amendment made by subsection (a).
(5) Subsection (a) of section 1018 of the Controlled Substances
Import and Export Act, as added by subsection (a) of this section,
shall take effect 90 days after the promulgation of the final regula-
tions under paragraph (4).
(6) Each regulated person shall provide to the Attorney General
the identity of any regular customer or regular supplier of the
regulated person not later than 30 days after the promulgation of
the final regulations under paragraph (4). Not later than 60 days
after the end of such 30-day period, each regular customer and
regular supplier so identified shall be a regular customer or regular
supplier for purposes of any applicable exception from the require-
ment of subsection (a) of such section 1018, unless the the Attorney
General otherwise notifies the regulated person in writing.
(c) PENALTY FOR IMPORTATION OR EXPORTATION.—Section 1010 of
the Controlled Substances Import and Export Act (21 U.S.C. 960) is
amended by adding at the end the following new subsection:
"(d) Any person who knowingly or intentionally—
"(1) imports or exports a listed chemical with intent to manu-
facture a controlled substance in violation of this title or, in the
case of an exportation, in violation of the law of the country to
which the chemical is exported; or
102 STAT. 4316 PUBLIC LAW 100-690—NOV. 18, 1988
"(2) imports or exports a listed chemical knowing, or having
reasonable cause to believe, that the listed chemical will be used
to manufacture a controlled substance in violation of this title
or, in the case of an exportation, in violation of the law of the
country to which the chemical is exported;
shall be fined in accordance with title 18, United States Code, or
imprisoned not more than 10 years, or both.".
(d) PENALTY FOR FAILURE TO NOTIFY.—Section 1011 of the Con-
trolled Substances Import and Export Act (21 U.S.C. 961) is amended
in the matter before paragraph (1) by inserting after "section 1004"
the following: "or fails to notify the Attorney General of an importa-
tion or exportation under section 1018".
(e) CLERICAL AMENDMENT.—The table of contents of the Com-
prehensive Drug Abuse Prevention and Control Act of 1970 is
amended by adding at the end of the items relating to part A of title
III the following new item:
"Sec. 1018. Notification, suspension of shipment, and penalties with respect to im-
portation and exportation of listed chemicals.".
SEC. 6054. DEFINITIONS.
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended—
(1) in paragraph (8), by inserting "or a listed chemical" after
"a controlled substance";
(2) in paragraph (11), by inserting "or a listed chemical" after
"a controlled substance" both places it appears; and
(3) by adding at the end the following new paragraphs:
"(33) The term 'listed chemical' means any listed precursor chemi-
cal or listed essential chemical.
"(34) The term 'listed precursor chemical' means a chemical
specified by regulation of the Attorney General as a chemical that is
used in manufacturing a controlled substance in violation of this
title and is critical to the creation of the controlled substances, and
such term includes (until otherwise specified by regulation of the
Attorney General, as considered appropriate by the Attorney Gen-
eral or upon petition to the Attorney General by any person) the
following:
"(A) Anthranilic acid and its salts.
"(B) Benzyl cyanide.
"(C) Ephedrine, its salts, optical isomers, and salts of optical
isomers.
"(D) Ergonovine and its salts.
"(E) Ergotamine and its salts.
"(F) N-Acetylanthranilic acid and its salts.
"(G) Norpseudoephedrine, its salts, optical isomers, and salts
of optical isomers.
"(H) Phenylacetic acid and its salts.
"(I) Phenylpropanolamine, its salts, optical isomers, and salts
of optical isomers.
"(J) Piperidine and its salts.
"(K) Pseudoephedrine, its salts, optical isomers, and salts of
optical isomers.
"(L) 3,4-Methylenedioxyphenyl-2-propanone.
"(35) The term 'listed essential chemical means a chemical speci-
fied by regulation of the Attorney General as a chemical that is used
as a solvent, reagent, or catalyst in manufacturing a controlled
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4317
substance in violation of this title, and such term includes (until
otherwise specified by r ^ u l a t i o n of the Attorney General, as consid-
ered appropriate by the Attorney General or upon petition to the
Attorney General by any person) the following chemicals:
"(A) Acetic anhydride.
"(B) Acetone.
"(C) Benzyl chloride.
"(D) Ethyl ether.
"(E) Hydriodic acid.
"(F) Potassium permanganate.
"(G) 2-Butanone.
"(H) Toluene.
"(36) The term ' r ^ u l a r customer' means, with respect to a regu-
lated person, a customer with whom the regulated person has an
established business relationship that is reported to the Attorney
General.
"(37) The term ' r ^ u l a r supplier' means, with respect to a r ^ u -
lated person, a suppUer with whom the regulated person has an
established business relationship that is reported to the Attorney
Greneral.
"(38) The term ' r ^ u l a t e d person' means a person who manufac-
tures, distributes, imports, or exports a listed chemical, a tableting
macMne, or an encapsulating machine.
"(39) The term ' r ^ ^ a t e d transaction' means—
"(A) a distribution, receipt, sale, importation or exportation of
a threshold amount, including a cumulative threshold amount
for multiple transactions (as determined by the Attorney Gen-
eral, in consultation with the chemical industry and taking into
consideration the quantities normally used for lawful purposes),
of a listed chemical, except that such term does not include—
"(i) a domestic lawful distribution in the usual course of
business between agents or employees of a single regulated
person;
"(ii) a delivery of a listed chemical to or by a common or
contract carrier for carriage in the lawful and usual course
of the business of the common or contract carrier, or to or
by a warehouseman for storage in the lawful and usual
course of the business of the warehouseman, except that if
the carriage or storage is in connection with the distribu-
tion, importation, or exportation of a listed chemical to a
third person, this clause does not relieve a distributor,
importer, or exporter from compliance with section 310;
"(iii) any c a t ^ o r y of transaction specified by r^ulation
of the Attorney (jeneral as excluded from this definition as
unnecessary for enforcement of this title or title III;
"(iv) any transaction in a listed chemical that is con-
tained in a drug that may be marketed or distributed
lawfully in the United States under the Federal Food, Drug,
and CJosmetic Act; or
"(v) any transaction in a chemical mixture; and
"(B) a distribution, importation, or exportation of a tableting
machine or encapsulating machine.
"(40) The term 'chemical mixture' means a combination of two or
more chemical substances, at least one of which is not a listed
precursor chemical or a listed essential chemical, except that such
term does not include any combination of a listed precursor chemi-
102 STAT. 4318 PUBLIC LAW 100-690—NOV. 18, 1988
cal or a listed essential chemical with another chemical that is
present solely as an impurity.".
SEC. 6055. AMENDMENTS TO SECTION 401 OF THE CONTROLLED SUB-
STANCES ACT.
(a) ADDITIONAL OFFENSES.—Section 401(d) of the Controlled Sub-
stances Act (21 U.S.C. 841(d)) is amended to read as follows:
"(d) Any person who knowingly or intentionally—
"(1) possesses a listed chemical with intent to manufacture a
controlled substance except as authorized by this title;
"(2) possesses or distributes a listed chemical knowing, or
having reasonable cause to believe, that the listed chemical will
be used to manufacture a controlled substance except as
authorized by this title; or
"(3) with the intent of causing the evasion of the record-
keeping or reporting requirements of section 310, or the
regulations issued under that section, receives or distributes a
reportable amount of any listed chemical in units small
enough so that the making of records or filing of reports
under that section is not required;
shall be fined in accordance with title 18, United States Code, or
imprisoned not more than 10 years, or both.".
(b) ADDITIONAL PENALTY AND OFFENSES.—Section 401 of the Con-
trolled Substances Act (21 U.S.C. 841) is amended by adding at the
end the following new subsections:
"(f) In addition to any other applicable penalty, any person con-
victed of a felony violation of this section relating to the receipt,
distribution, or importation of a listed chemical may be enjoined
from engaging in any regulated transaction involving a listed chemi-
cal for not more than ten years.
"(g)(1) Whoever knowingly distributes a listed chemical in viola-
tion of this title (other than in violation of a recordkeeping or
reporting requirement of section 310) shall be fined under title 18,
United States Code, or imprisoned not more than 5 years, or both.
"(2) Whoever possesses any listed chemical, with knowledge that
the recordkeeping or reporting requirements of section 310 have not
been adhered to, if, after such knowledge is acquired, such person
does not take immediate steps to remedy the violation shall be fined
under title 18, United States Code, or imprisoned not more than one
year, or both.".
SEC. 6056. AMENDMENTS TO SECTION 402 OF THE CONTROLLED SUB-
STANCES ACT.
(a) CONFIDENTIAL INFORMATION AMENDMENT.—Section 402(a)(8) of
the Controlled Substances Act (21 U.S.C. 842(a)(8)) is amended by
inserting after "protection" the following: ", or to use to his own
advantage or reveal (other than as authorized by section 310) any
information that is confidential under such section".
(b) IDENTIFICATION AMENDMENT.—Section 402(a)(9) of the Con-
trolled Substances Act (21 U.S.C. 842(a)(9)) is amended to read as
follows:
"(9) who is a regulated person to engage in a regulated
transaction without obtaining the identification required by
310(a)(3).".
(c) TECHNICAL AMENDMENT.—Section 402(c)(2) of the Controlled
Substances Act (21 U.S.C. 842(cX2)) is amended by striking out
subparagraph (C).
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4319
(d) RECORDS VIOLATIONS.—Section 402(a) of the Controlled Sub-
stances Act (21 U.S.C. 842(a)) is amended—
(1) in paragraph (8), as amended by subsection (a) of this
section, by striking out "or" at the end of the paragraph;
(2) in paragraph (9), as amended by subsection (b) of this
section, by striking out the period at the end of the paragraph
and inserting in lieu thereof "; or"; and
(3) by adding at the end the following new paragraph:
"(10) to fail to keep a record or make a report under section
310.".
SEC. 6057. AMENDMENTS TO SECTION 403 OF THE CONTROLLED SUB-
STANCES ACT.
(a) ADDITIONAL OFFENSES.—Section 403(a) of the Controlled Sub-
stances Act (21 U.S.C. 843(a)) is amended—
(1) in paragraph (4XB), by striking out "piperidine" and
inserting in lieu thereof "a listed chemical";
(2) in paragraph (4XB), by striking out "or" after the
semicolon;
(3) in paragraph (5), by striking out the period at the end and
inserting in lieu thereof a semicolon; and
(4) by adding after paragraph (5) the following new
paragraphs:
"(6) to possess any three-neck round-bottom flask, tableting
machine, encapsulating machine, gelatin capsule, or equipment
specially designed or modified to manufacture a controlled sub-
stance, with intent to manufacture a controlled substance
except as authorized by this title;
"(7) to manufacture, distribute, or import any three-neck
round-bottom flask, tableting machine, encapsulating machine,
gelatin capsule, or equipment specially designed or modified to
manufacture a controlled substance, knowing that it will be
used to manufacture a controlled substance except as au-
thorized by this title; or
"(8) to create a chemical mixture for the purpose of evading a
requirement of section 310 or to receive a chemical mixture
created for that purpose.".
(b) ADDITIONAL PENALTY.—Section 403 of the Controlled Sub-
stances Act (21 U.S.C. 843), is amended by adding at the end the
following new subsection:
"(d) In addition to any other applicable penalty, any person
convicted of a felony violation of this section relating to the receipt,
distribution, or importation of a listed chemical may be enjoined
from engaging in any regulated transaction involving a listed chemi-
cal for not more than ten years.".
SEC. 6058. SUBPOENA POWER.
The first sentence of section 506(a) of the (Controlled Substances
Act (21 U.S.C. 876(a)) is amended by inserting "listed chemicals,
tableting machines, or encapsulating machines," after "with respect
to controlled substances,".
SEC. 6059. FORFEITURE.
(a) I N GENERAL.—Section 511(a) of the Controlled Substances Act
(21 U.S.C. 881) is amended by adding at the end the following new
paragraph:
102 STAT. 4320 PUBLIC LAW 100-690—NOV. 18, 1988
"(9) All listed chemicals, all drug manufacturing equipment,
all tableting machines, all encapsulating machines, and all
gelatin capsules, which have been imported, exported, manufac-
tured, possessed, distributed, or intended to be distributed, im-
ported, or exported, in violation of a felony provision of this title
or title IIL".
(b) TECHNICAL AMENDMENT.—Paragraph (3) and paragraph (4) of
section 511(a) of the Controlled Substances Act (21 U.S.C. 881 (a) and
(4)) are each amended by striking out "paragraph (1) or (2)" and
inserting in lieu thereof "paragraph (1), (2), or (9)".
SEC. 6060. CHEMICAL DIVERSION CONTROL PROGRAM.
Section 502 of the Controlled Substances Act (21 U.S.C. 872) is
amended by adding at the end the following new subsection:
"(f) The Attorney General shall maintain an active program, both
domestic and international, to curtail the diversion of precursor
chemicals and essential chemicals used in the illicit manufacture of
controlled substances.".
21 u s e 802 note. SEC. 6061. EFFECTIVE DATE.
Except as otherwise provided in this subtitle, this subtitle shall
take effect 120 days after the enactment of this Act.
Amfndmentf'^^ Subtltlc B—Assct Forfeiture Amendments
Act of 1988.
21 u s e 801 note. SEC. 6071. SHORT TITLE.
This subtitle may be cited as the "Asset Forfeiture Amendments
Act of 1988".
SEC. 6072. DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND.
Section 524(c) of title 28, United States Code, is amended to read
as follows:
"(c)(1) There is established in the United States Treasury a special
fund to be known as the Department of Justice Assets Forfeiture
Fund (hereafter in this subsection referred to £is the 'Fund') which
shall be available to the Attorney General without fiscal year
limitation for the following purposes of the Department of Justice—
"(A) the payment, at the discretion of the Attorney General,
of any expenses necessary to seize, detain, inventory, safeguard,
maintain, advertise, or sell property under seizure, detention, or
forfeited pursuant to any law enforced or administered by the
Department of Justice, or of any other necessary expenses
incident to the seizure, detention, or forfeiture of such property;
such payments may include—
"(i) payments for contract services, the employment of
outside contractors to operate and manage properties or
provide other specialized services as necessary to dispose of
such properties in an effort to maximize the return from
such properties, and pajnnents to reimburse any Federal,
State, or local agency for any expenditures made to perform
the foregoing functions; and
"(ii) payments made pursuant to regulations promulgated
by the Attorney General, that are necessary and direct
program-related expenses for the purchase or lease of auto-
matic data processing equipment (not less than a majority
of which use will be program related), training, printing,
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4321
contracting for services directly related to the identification
of forfeitable assets processing of and accounting for forfeit-
ures, and the storage, protection, and destruction of con-
trolled substances;
"(B) the payment of awards for information or assistance
directly relating to violations of the criminal drug laws of the
United States;
"(Q the payment of awards for information or assistance
leadii^ to a civil or criminal forfeiture under the Comprehen-
sive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
800 et seq.) or a criminal forfeiture under the Racketeer Influ-
enced and Corrupt Organizations statute (18 U.S.C. 1961 et seq.),
at the discretion of the Attorney General;
"(D) the compromise and payment of valid liens and mort-
gages against property that has been forfeited pursuant to any
law enforced or administered by the Department of Justice,
subject to the discretion of the Attorney General to determine
the validity of any such lien or mortgage and the amount of
payment to be made, and the employment of attorneys and
other personnel skilled in Stote real estate law as necessary;
"(£) disbursements authorized in connection with remission
or mitigation procedures relating to property forfeited under
any law enforced or administered by the Department of Justice;
"(F) for equipping for drug law enforcement functions any
government-owned or leased vessels, vehicles, and aircraft avail-
able for ofRcial use by the Drug Enforcement Administration,
the Federal Bureau of Investigation, the Immigration and Natu-
ralization Service, or the United States Marshals Service;
"(G) for purchase of evidence of any violation of the C!on-
troUed Substances Act, the Controlled Substances Import and
Elxport Act, chapter 96 of title 18, or sections 1956 and 1957 of
title 18; and
"(H) after aU reimbursements and pn^ram-related expenses
have been met at the end of fiscal year 1989, the Attorney
General may transfer deposits from the Fund to the building
and facilities account of the Federal prison S3rstem for the
construction of correctional institutions.
Amounts for paying the expenses authorized by subparagraphs
(AXii), (B), (C), (F), and (G) shall be specified in appropriations acts.
Amounts for other authorized expenditures and payments from the
Fund, including equitable sharing payments, are not required to be
specified in appropriations acts. The Attorney General may exempt
the procurement of contract services under subparagraph (A) under
the fund from section 3709 of the Revised Statutes of the United
Stetes (41 U.S.C. 5), title III of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 251 and following), and other
proArisions of law as may be necessary to maintain the security and
confidentiality of related criminal investigations.
"(2) Any award paid from the Fund for information, as provided in
paragraph (1) (B) or (C), shall be paid at the discretion of the
Attorney General or his del^ate, under existing departmental dele-
gation policies for the payment of awards, except that the authority
to pay an award of $250,000 or more shall not be del^ated to any
person other than the Deputy Attorney (jeneral, the Associate
Attorney (Jeneral, the Director of the Federal Bureau of Investiga-
tion, or the Administrator of the Drug Enforcement Administration.
Any award for information pursuant to paragraph (IXB) shall not
102 STAT. 4322 PUBLIC LAW 100-690—NOV. 18, 1988
exceed $250,000. Any award for information pursuant to paragraph
(IXC) shall not exceed the lesser of $250,000 or one-fourth of the
amount realized by the United States from the property forfeited.
"(3) Any amount under subparagraph (F) of paragraph (1) shall be
paid at the discretion of the Attorney General or his delegate, except
that the authority to pay $100,000 or more may be delegated only to
the respective head of the agency involved.
"(4) There shall be deposited in the Fund all amounts from the
forfeiture of property under any law enforced or administered by
the Department of Justice, except all proceeds of forfeitures avail-
able for use by the Secretary of the Treasury or the Secretary of the
Interior pursuant to section 11(d) of the Endangered Species Act (16
U.S.C. 1540(d)) or section 6(d) of the Lacey Act Amendments of 1981
(16 U.S.C. 3375(d)) or the Postmaster General of the United States
pursuant to section 2003(bX7) of title 39.
"(5) Amounts in the Fund which are not currently needed for the
purpose of this section shall be kept on deposit or invested in
obligations of, or guaranteed by, the United States and all earnings
on such investments shall be deposited in the Fund.
Reports. "(6) The Attorney General shall transmit to the Congress, not
later than 4 months after the end of each fiscal year, two detailed
reports as follows:
"(A) a report on—
"(i) the estimated total value of property forfeited under
any law enforced or administered by the Department of
Justice with respect to which funds were not deposited in
the Fund; and
"(ii) the estimated total value of all such property trans-
ferred to any State or local law enforcement agency; and
"(B) a report on—
"(i) the Fund's beginning balance;
"(ii) sources of receipts (seized cash, conveyances, and
others);
"(iii) liens and mortgages paid and amount of money
shared with State and local law enforcement agencies;
"(iv) the net amount realized from the year's operations,
amount of seized cash being held as evidence, and the
amount of money legally allowed to be carried over to next
year;
"(v) any defendant's equity in property valued at
$1,000,000 or more; and
"(vi) year-end Fund balance.
"(7) The Fund shall be subject to annual audit by the Comptroller
General.
"(8) The provisions of this subsection relating to deposits in the
Fund shall apply to all property in the custody of the Department of
Justice on or after the effective date of the Comprehensive Forfeit-
ure Act of 1983.
Appropriation "(9) There are authorized to be appropriated such sums as nec-
authorization. essary for the purposes described in subparagraphs (AXii), (B), (C),
(F), and (G) of paragraph (1). At the end of each of fiscal years 1990,
1991, and 1992, unobligated amounts not to exceed $150,000,000
remaining in the Fund shall be deposited in the Special Forfeiture
Fund, except that an amount not to exceed $15,000,000 or, if deter-
mined necessary by the Attorney (Jeneral to meet £isset specific
expenses, an amount equal to one-twelfth of the previous year's
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4323
expenditures may be carried forward and remain available for
appropriation in the next fiscal year.
"(10) For the purposes of this subsection, property is forfeited
pursuant to a law enforced or administered by the Department of
Justice if it is forfeited pursuant to—
"(A) any criminal forfeiture proceeding;
"(B) any civil judicial forfeiture proceeding; or
"(C) any civil administrative forfeiture proceeding conducted
by the Department of Justice,
except to the extent that the seizure was effected by a Customs
officer or that custody was maintained by the United States Cus-
toms Service in which case the provisions of section 613A of the
Tariff Act of 1930 (19 U.S.C. 1613a) shall apply.".
SEC. 6073. ESTABLISHMENT OF SPECIAL FORFEITURE FUND. 21 USC 1509.
(a) I N GENERAL.—^There is established in the Treasury of the
United States the Special Forfeiture Fund (hereafter referred to in
this section as the "Fund") which shall be available to the Director
of the National Drug Control Policy without fiscal year limitation in
such amounts as may be speciffed in appropriations acts.
(b) DEPOSITS.—Banning in ffscal year 1990, there shall be depos-
ited in the Fund not to exceed $150,000,000 in unobligated amounts
remaining at the end of each fiscal year from the Department of
Justice Assets Forfeiture Fund (28 U.S.C. 524(c)) except that
amounts specified in section 524(cX9) of title 28, United States Code,
may be carried forward and remain available for appropriation in
the next fiscal year.
(c) INVESTMENT OF FUND.—Amounts in the Fund which are not
currently needed for the purposes of this section shall be kept on
deposit or invested in obligations of, or guaranteed by, the United
States and all earnings on such investments shall be deposited in
the Fund.
(d) PRESIDENT'S BUDGET.—The President shall, in consultation
with the Director for National Drug Control Policy, include, as part
of the budget submitted to the CJongress under section 1105(a) of title
31, United States C)ode, a separate and detailed request for the use of
the amounts in the Fund. This request shall reflect the priorities of
the National Drug Control strategy.
(e) FUNDS PROVIDED SUPPLEMENTAL.—Funds disbursed under this
subsection shall not be used to supplant existing funds, but shall be
used to supplement the amount of funds that would be otherwise
available.
(f) ANNUAL REPORT.—No later than 4 months after the end of each
fiscal year, the President shall submit to both Houses of ([!!ongress a
detailed report on the amounts deposited in the Fund and a descrip-
tion of expenditures made under this subsection.
SEC. 6074. TRANSFER BY THE ATTORNEY GENERAL OF FOREIGN PROP-
ERTY.
Section 511(eXl) of the Controlled Substances Act (21 U.S.C. 881(e))
is amended by—
(1) striking "or" after the semicolon in subparagraph (C);
(2) striking the period at the end of subparagraph (D) and
inserting "; or"; and
(3) adding at the end thereof the following:
"(E) transfer the forfeited personal property or the pro-
ceeds of the sale of any forfeited personal or real property
102 STAT. 4324 PUBLIC LAW 100-690—NOV. 18, 1988
to any foreign country which participated directly or in-
directly in the seizure or forfeiture of the property, if such a
transfer—
"(i) has been agreed to by the Secretary of State;
"(ii) is authorized in an international agreement be-
tween the United States and the foreign country; and
"(iii) is made to a country which, if applicable, has
been certified under section 481(h) of the Foreign
Assistance Act of 1961.".
SEC. 6075. ADDITIONAL EXCEPTION TO PROVISION RELATING TO
FORFEITURE OF CONVEYANCES.
Paragraph (4) of section 511(a) of the Controlled Substances Act
(21 U.S.C. 881(a)(4)) is amended—
(1) in subparagraph (A), by striking out "and" after the
semicolon;
(2) in subparagraph (B), by striking out the period at the end
and inserting in lieu thereof "; and"; and
(3) by adding at the end the following new subparagraph:
"(C) no conveyance shall be forfeited under this para-
graph to the extent of an interest of an owner, by reason of
any act or omission established by that owner to have been
committed or omitted without the knowledge, consent, or
willful blindness of the owner.".
SEC. 6076. FORFEITURES OF CONVEYANCES.
(a) AMENDMENT TO ACT OF AUGUST 9,1939.—Section 2 of the Act of
August 9, 1939 (chapter 618, 53 Stat. 1291; 49 U.S.C. App. 782), is
amended by adding at the end the following: "No vessel, vehicle, or
aircraft shall be forfeited under this section to the extent of an
interest of an owner for a drug-related offense established by that
owner to have been committed or omitted without the knowledge,
consent, or willful blindness of the owner.".
(b) AMENDMENTS TO TARIFF ACT OF 1930.—Section 594(b) of the
Tariff Act of 1930 (19 U.S.C. 1594(b)) is amended—
(1) by inserting "(1)" after "(b)";
(2) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively; and
(3) by adding at the end the following:
"(2) Except as provided in paragraph (1) or subsection (c), no
vessel, vehicle, or aircraft is subject to forfeiture to the extent of
an interest of an owner for a drug-related offense established by
that owner to have been committed or omitted without the
knowledge, consent, or willful blindness of the owner.".
SEC. 6077. RESTORATION OF EQUITABLE SHARING PRINCIPLE RELATING
TO TRANSFER OF FORFEITED ASSETS TO STATE AND LOCAL
AGENCIES UNDER THE CONTROLLED SUBSTANCES ACT.
(a) IN GENERAL.—Section 511(e) of the Controlled Substances Act
(21 U.S.C. 881(e)) is amended by adding at the end the following new
paragraph:
"(3) The Attorney General shall assure that any property trans-
ferred to a State or local law enforcement agency under paragraph
(1)(A)-
"(A) has a value that bears a reasonable relationship to the
degree of direct participation of the State or local agency in the
law enforcement effort resulting in the forfeiture, taking into
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4325
account the total value of all property forfeited and the total
law enforcement effort with respect to the violation of law on
which the forfeiture is based; and
"(B) is not so transferred to circumvent any requirement of
State law that prohibits forfeiture or limits use or disposition of
property forfeited to State or local agencies.".
(b) TECHNICAL AMENDMENT.—Section 511(eXlXA) of the Controlled
Substances Act (21 U.S.C. 881(eXlXA)) is amended to read as follows:
"(A) retain the property for official use or, in the manner
provided with respect to transfers under section 616 of the
Tariff Act of 1930, transfer the property to any Federal agency
or to any State or local law enforcement agency which partici-
pated directly in the seizure or forfeiture of the property;".
(c) EFFECTIVE DATE.—Section 551(eX3XB) of the Controlled Sub- 21 use 881 note.
stances Act, as enacted by subsection (a), shall apply with respect to
fiscal years beginning after September 30,1989.
SEC. 6078. COORDINATION OF POST-SEIZURE PROCEDURES.
(a) IN GENERAL.—Part E of the Controlled Substances Act (21
U.S.C. 871 et seq.) is amended by adding at the end the following
new section:
"COORDINATION AND CONSOUDATION OF POST-SEIZURE
ADMINISTRATION
"SEC. 517. The Attorney General and the Secretary of the Treas- 21 USC 887.
ury shall take such action as may be necessary to develop and
maintain a joint plan to coordinate and consolidate post-seizure
administration of property seized under this title, title III, or provi-
sions of the customs laws relating to controlled substances.".
(b) CLERICAL AMENDMENT.—The table of contents of the Com-
prehensive Drug Abuse Prevention and Control Act of 1970 is
amended by inserting after the item relating to section 516 the
following new item:
"517. Coordination and consolidation of post-seizure administration.".
SEC. 6079. REGULATIONS TO PROVIDE FORFEITURE PROCEDURES. 21 USC 881 note.
(a) I N GENERAL.—Not later than 90 days after the date of enact-
ment of this Act, the Attorney (Jeneral and the Secretary of the
Treasury shall consult, and after providing a 30-day public comment
period, shall prescribe regulations for expedited administrative
procedures for seizures under section 511(a) (4), (6), and (7) of the
Controlled Substances Act (21 U.S.C. 881(a) (4), (6), and (7)); section
596 of the Tariff Act of 1930 (19 U.S.C. 1595a(a)); and section 2 of the
Act of August 9,1939 (53 Stat. 1291; 49 U.S.C. App. 782) for violations
involving the possession of personal use quantities of a controlled
substance.
(b) SPECIFICATIONS.—The regulations prescribed pursuant to
subsection (a) shall—
(1) minimize the adverse impact caused by prolonged deten-
tion, and
(2) provide for a final administrative determination of the
case within 21 days of seizure, or provide a procedure by which
the defendant can obtain release of the property pending a final
determination of the case. Such regulations shall provide that
the appropriate agency official rendering a final determination
102 STAT. 4326 PUBLIC LAW 100-690—NOV. 18, 1988
shall immediately return the property if the following condi-
tions are established:
(A) the owner or interested party did not know of or
consent to the violation;
(B) the owner establishes a valid, good faith interest in
the seized property as owner or otherwise; and
(CXI) the owner establishes that the owner at no time had
any knowledge or reason to believe that the property in
which the owner claims an interest was being or would be
used in a violation of the law; and
(2) if the owner at any time had, or should have had,
knowledge or reason to believe that the property in which
the owner claims an interest was being or would be used in
a violation of the law, that the owner did what reasonably
could be expected to prevent the violation.
An owner shall not have the seized property returned under this
subsection if the owner had not acted in a normal and customary
manner to ascertain how the property would be used.
(c) NOTICE.—At the time of seizure or upon issuance of a summons
to appear under subsection (d), the officer making the seizure shall
furnish to any person in possession of the conveyance a written
notice specifying the procedures under this section. At the earliest
practicable opportunity after determining ownership of the seized
conveyance, the head of the department or agency that seizes the
conveyance shall furnish a written notice to the owner and other
interested parties (including lienholders) of the legal and factual
basis of the seizure.
(d) SUMMONS IN LIEU OF SEIZURE OF COMMERCIAL FISHING INDUS-
TRY VESSELS.—Not later than 90 days after the enactment of this
Act, the Attorney General, the Secretary of the Treasury, and the
Secretary of Transportation shall prescribe joint regulations, after a
public comment period of at least 30 days, providing for issuance of a
summons to appear in lieu of seizure of a commercial fishing
industry vessel as defined in section 2101 (11a), (lib), and (lie) of
title 46, United States Code, for violations involving the possession
of personal use quantities of a controlled substance. These regula-
tions shall apply when the violation is committed on a commercial
fishing industry vessel that is proceeding to or from a fishing area or
intermediate port of call, or is actively engaged in fishing oper-
ations. The authority provided under this section shall not affect
existing authority to arrest an individual for drug-related offenses
or to release that individual into the custody of the vessel's master.
Upon answering a summons to appear, the procedures set forth in
subsections (a), (b), and (c) of this section shall apply. The jurisdic-
tion of the district court for any forfeiture incurred shall not be
affected by the use of a summons under this section.
(e) PERSONAL USE QUANTITIES OF A CONTROLLED SUBSTANCE.—For
the purposes of this section, personal use quantities of a controlled
substance shall not include sweepings or other evidence of non-
personal use amounts.
SEC. 6080. EXPEDITED PROCEDURES FOR SEIZED CONVEYANCES.
(a) IN GENERAL.—The Controlled Substances Act (21 U.S.C. 801 et
seq.) is amended by inserting after section 511 the following new
section:
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4327
EXPEDITED PROCEDURES FOR SEIZED CONVEYANCES Claims.
21 u s e 881-1.
"SEC. 511A. (aXD The owner of a conveyance may petition the
Attorney General for an expedited decision with respect to the
conveyance, if the conveyance is seized for a drug-related offense
and the owner has filed the requisite claim and cost bond in the
manner provided in section 608 of the Tariff Act of 1930. The
Attorney General shall make a determination on a petition under
this section expeditiously, including a determination of any rights or
defenses available to the petitioner. If the Attorney General does not
grant or deny a petition under this section within 20 days after the
date on which the petition is filed, the conveyance shall be returned
to the owner pending further forfeiture proceedings.
"(2) With respect to a petition under this section, the Attorney
General may—
"(A) deny the petition and retain possession of the convey-
ance;
"(B) grant the petition, move to dismiss the forfeiture action,
if filed, and promptly release the conveyance to the owner; or
"(C) advise the petitioner that there is not adequate informa-
tion available to determine the petition and promptly release
the conveyance to the owner.
"(3) Release of a conveyance under subsection (aXD or (a)(2XC)
does not affect any forfeiture action with respect to the conveyance.
"(4) The Attorney General shall prescribe regulations to carry out Regulations.
this section.
"(b) At the time of seizure, the officer making the seizure shall
furnish to any person in possession of the conveyance a written
notice specifying the procedures under this section. At the earliest
practicable opportunity after determining ownership of the seized
conveyance, the head of the department or agency that seizes the
conveyance shall furnish a written notice to the owner and other
interested parties (including lienholders) of the legal and factual
basis of the seizure.
"(c) Not later than 60 days after a claim and cost bond have been
filed under section 608 of the Tariff Act of 1930 regarding a convey-
ance seized for a drug-related offense, the Attorney Greneral shall
file a complaint for forfeiture in the appropriate district court,
except that the court may extend the period for filing for good cause
shown or on agreement of the parties. If the Attorney General does
not file a complaint as specified in the preceding sentence, the court
shall order the return of the conveyance to the owner and the
forfeiture may not take place.
"(d) Any owner of a conveyance seized for a drug-related offense
may obtain releeise of the conveyance by providing security in the
form of a bond to the Attorney General in an amount equal to the
value of the conveyance unless the Attorney General determines the
conveyance should be retained (1) as contraband, (2) as evidence of a
violation of law, or (3) because, by reason of design or other char-
acteristic, the conveyance is particularly suited for use in illegal
activities.".
(b) CLERICAL AMENDMENT.—The table of contents of the Com-
prehensive Drug Abuse Prevention and Control Act of 1970 is
amended by inserting after the item relating to section 511 the
following new item:
"511 A. Expedited procedures for seized conveyances."'
19-194 O—91—Part i -11 : QL 3
102 STAT. 4328 PUBLIC LAW 100-690—NOV. 18, 1988
Subtitle C—State and Local Narcotics Control
and Justice Assistance Improvements
PART 1—STATE AND LOCAL NARCOTICS CON-
TROL AND JUSTICE ASSISTANCE IMPROVE-
MENTS
SEC. 6091. BUREAU OF JUSTICE ASSISTANCE AND UNIFIED GRANT
PROGRAMS.
(a) I N GENERAL.—^Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by striking
parts D and E (42 U.S.C. 3741-3766) and inserting the following:
"PART D—ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE
"ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE
42 u s e 3741. "SEC. 401. (a) There is established within the Department of
Justice, under the general authority of the Attorney General, a
Bureau of Justice Assistance (hereafter in this part referred to as
the 'Bureau').
President of U.S. "(b) The Bureau shall be headed by a Director (hereafter in this
part referred to as the 'Director') who shall be appointed by the
President, by and with the advice and consent of the Senate. The
Director shall report to the Attorney General through the Assistant
Grants. Attorney (jfeneral. The Director shall have final authority for all
Contracts. grants, cooperative agreements, and contracts awarded by the
Bureau. The Director shall not engage in any emplo3rment other
than that of serving as the Director, nor shall the Director hold any
office in, or act in any capacity for, any oi^anization, agency, or
institution with which the Bureau makes any contract or other
arrangement under this title.
"DUTIES AND FUNCTIONS OF THE DIRECTOR
42 u s e 3742. "SEC. 402. The Director shall have the following duties:
"(1) Providing funds to eligible States, units of local govern-
ment, and nonprofit organizations pursuant to part E.
"(2) Establishing programs in accordance with subpart 2 of
part E and, following public announcement of such programs,
awarding and allocating funds and technical assistance in
accordance with the criteria of subpart 2, and on terms and
conditions determined by the Director to be consistent with
subpart 2.
"(3) (Cooperating with and providing technical assistance to
States, units of local government, and other public and private
organizations or international agencies involved in criminal
justice activities.
"(4) Providing for the development of technical assistance and
training programs for State and local criminal justice agencies
and fostering local participation in such activities.
"(5) Encouraging the targeting of State and local resources on
efforts to reduce the incidence of drug abuse and crime and on
programs relating to the apprehension and prosecution of drug
offenders.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4329
"(6) Establishing and carrying on a specific and continuing
program of cooperation with the States and units of local
government designed to encourage and promote consultation
and coordination concerning decisions made by the Bureau
affecting State and local drug control and criminal justice
priorities.
"(7) Preparing recommendations on the State and local drug
enforcement component of the National Drug Control Strategy
which shall be submitted to the Associate Director of the Office
on National Drug Control Policy. In making such recommenda-
tions, the Director shall review the statewide strategies submit-
ted by such States under part E, and shall obtain input from
State and local drug enforcement officials. The recommenda-
tions made under this paragraph shall be provided at such time
and in such form as the Director of National Drug Control
Policy shall require.
^ "(8) Exercising such other powers and functions as may be
vested in the Director pursuant to this title or by delegation of
the Attorney General or Assistant Attorney General.
"PART E—BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS
"NAME OF PROGRAMS
"SEC. 500. The grant programs established under this part shall be 42 USC 3750.
known as the 'Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs'.
"Subpart 1—Drug Control and System Improvement
Grant Program
"DESCRIPTION OF THE DRUG CONTROL AND SYSTEM IMPROVEMENT
GRANT PROGRAM
"SEC. 501. (a) It is the purpose of this subpart to assist States and 42 USC 3751.
units of local government in carrying out specific programs which
offer a high probability of improving the functioning of the criminal
justice system, with special emphasis on a nationwide and
multilevel drug control strategy by developing programs and
projects to assist multijurisdictional and multi-State organizations
in the drug control problem and to support national drug control
priorities.
"(b) The Director of the Bureau of Justice Assistance (hereafter in
this part referred to as the 'Director') is authorized to make grants
to States, for the use by States and units of local government in the
States, for the purpose of enforcing State and local laws that estab-
lish offenses similar to offenses established in the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.) and to improve the functioning of
the criminal justice system with emphasis on violent crime and
serious offenders. Such grants shall provide additional personnel,
equipment, training, technical assistance, and information systems
for the more widespread apprehension, prosecution, adjudication,
and detention and rehabilitation of persons who violate these laws,
and to assist the victims of such crimes (other than compensation),
including—
"(1) demand reduction education programs in which law
enforcement officers participate;
102 STAT. 4330 PUBLIC LAW 100-690—NOV. 18, 1988
"(2) multijurisdictional task force programs that integrate
Federal, State, and local drug law enforcement agencies and
prosecutors for the purpose of enhancing interagency coordina-
tion, intelligence, and facilitating multijurisdictional investiga-
tions;
"(3) programs designed to target the domestic sources of
controlled and illegal substances, such as precursor chemicals,
diverted pharmaceuticals, clandestine laboratories, and canna-
bis cultivations;
"(4) providing community and neighborhood programs that
assist citizens in preventing and controlling crime, including
special programs that address the problems of crimes com-
mitted against the elderly and special programs for rural
jurisdictions;
"(5) disrupting illicit commerce in stolen goods and property;
"(6) improving the investigation and prosecution of white-
collar crime, organized crime, public corruption crimes, and
fraud against the government with priority attention to cases
involving drug-related official corruption;
"(7)(A) improving the operational effectiveness of law enforce-
ment through the use of crime analysis techniques, street sales
enforcement, schoolyard violator programs, gang-related and
low-income housing drug control programs;
"(B) developing and implementing antiterrorism plans for
deep draft ports, international airports, and other important
facilities;
"(8) career criminal prosecution programs including the
development of proposed model drug control legislation;
"(9) financial investigative programs that target the identi-
fication of money laundering operations and assets obtained
through illegal drug trafficking, including the development of
proposed model legislation, financial investigative training, and
financial information sharing systems;
Courts, U.S. "(10) improving the operational effectiveness of the court
process through programs such as court delay reduction pro-
grams and enhancement programs;
"(11) programs designed to provide additional public correc-
tional resources and improve the corrections system, including
treatment in prisons and jails, intensive supervision programs,
and long-range corrections and sentencing strategies;
"(12) providing prison industry projects designed to place
inmates in a realistic working and training environment which
will enable them to acquire marketable skills and to make
financial payments for restitution to their victims, for support
of their own families, and for support of themselves in the
institution;
"(13) providing programs which identify and meet the treat-
ment needs of adult and juvenile drug-dependent and alcohol-
dependent offenders;
(14) developing and implementing programs which provide
assistance to jurors and witnesses, and assistance (other than
compensation) to victims of crimes;
"(15)(A) developing programs to improve drug control tech-
nology, such as pretrial drug testing programs, programs which
provide for the identification, assessment, referral to treatment,
case management and monitoring of drug dependent offenders,
enhancement of State and local forensic laboratories, and
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4331
"(B) criminal and justice information systems to assist law
enforcement, prosecution, courts, and corrections organization
(including automated fingerprint identification systems);
"(16) innovative programs that demonstrate new and dif-
ferent approaches to enforcement, prosecution, and adjudication
of drug offenses and other serious crimes;
"(17) improving the criminal and juvenile justice system's Aged persons.
response to domestic and family violence, including spouse
abuse, child abuse, and abuse of the elderly;
"(18) drug control evaluation programs which the State and
local units of government may utilize to evaluate programs and
projects directed at State drug control activities;
"(19) providing alternatives to prevent detention, jail, and
prison for persons who pose no danger to the community; and
"(20) programs of which the primary goal is to strengthen
urban enforcement and prosecution efforts targeted at street
drug sales.
"(c) Each program funded under this section shall contain an
evaluation component, developed pursuant to guidelines established
by the National Institute of Justice, in consultation with the Bureau
of Justice Assistance. The Director of the Bureau of Justice Assist-
ance may waive this requirement when in the opinion of the
Director—
"(1) the program is not of sufficient size to justify a full
evaluation report; or
"(2) the program is designed primarily to provide material
resources and supplies, such as laboratory equipment, that
would not justify a full evaluation report.
"ELIGIBILITY
"SEC. 502. The Bureau is authorized to make financial assistance 42 USC 3752.
under this subpart available to a State to enable it to carry out all or
a substantial part of a program or project submitted and approved
in accordance with the provisions of this subpart.
"STATE APPLICATIONS
"SEC. 503. (a) To request a grant under this subpart, the chief 42 USC 3753.
executive officer of a State shall submit an application within 60
days after the Bureau has promulgated regulations under this
section, and for each subsequent year, within 60 days after the date
that appropriations for this part are enacted, in such form as the
Director may require. Such application shall include the following:
"(1) A statewide strategy for drug and violent crime control
programs which improve the functioning of the criminal justice
system, with an emphasis on drug trafficking, violent crime,
and serious offenders. The strategy shall be prepared after
consultation with State and local officials with emphasis on
those whose duty it is to enforce drug and criminal laws and
direct the administration of justice and shall contain—
"(A) a definition and analysis of the drug and violent
crime problem in the State, and an analysis of the proolems
in each of the counties and municipalities with major drug
and violent crime problems;
102 STAT. 4332 PUBLIC LAW 100-690—NOV. 18, 1988
"(B) an assessment of the criminal justice resources being
devoted to crime and drug control programs at the time of
the application;
"(C) coordination requirements;
"(D) resource needs;
"(E) the establishment of statewide priorities for crime
and drug control activities and programs;
"(F) an analysis of the relationship of the proposed State
efforts to the national drug control strategy; and
"(G) a plan for coordinating the programs to be funded
under this part with other federally funded programs,
including State and local drug abuse education, treatment,
and prevention programs.
"(2) A certification that Federal funds made available under
the formula grant of this subpart will not be used to supplant
State or local funds, but will be used to increase the amounts of
such funds that would, in the absence of Federal funds, be made
available for law enforcement activities.
"(3) A certification that funds required to pay the non-Federal
portion of the cost of each program and project for which such
grant is made shall be in addition to funds that would otherwise
be made available for law enforcement by the recipients of
grant funds.
"(4) An assurance that the State application described in this
section, and any amendment to such application, has been
submitted for reAdew to the State legislature or its designated
body (for purposes of this section, such application or amend-
ment shall be deemed to be reviewed if the State legislature or
such body does not review such application or amendment
within the 30-day period beginning on the date such application
or amendment is so submitted).
"(5) An assurance that the State application and any amend-
ment thereto was made public before submission to the Bureau
and, to the extent provided under State law or established
procedure, an opportunity to comment thereon was provided to
citizens and to neighborhood and community groups.
"(6) An assurance that following the first fiscal year covered
by an application and for each fiscal year thereafter, a perform-
ance evaluation and assessment report concerning the activities
carried out pursuant to this section will be submitted to the
Bureau.
"(7) A provision for fund accounting, auditing, monitoring,
and such evaluation procedures as may be necessary to keep
such records that the Bureau shall prescribe to assure fiscal
control, proper management, and efficient disbursement of
funds reviewed under this section.
Reports. "(8) An assurance that the applicant shall maintain such data
and information and submit such reports in such form, at such
times, and containing such data and information as the Bureau
may reasonably require to administer other provisions of this
subpart.
"(9) A certification that its programs meet all the require-
ments of this section, that all the information contained in the
application is correct, that there has been appropriate coordina-
tion with affected agencies, and that the applicant will comply
with all provisions of this subpart and all other applicable
Federal laws. Such certification shall be made in a form accept-
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4333
able to the Bureau and shall be executed by the chief executive
or such other officer of the applicant qualified under regulations
promulgated by the Office.
"(10) A certification that the State is undertaking initiatives
to reduce, through the enactment of innovative penalties or
increasing law enforcement efforts, the demand for controlled
substances by holding accountable those who unlawfully possess
or use such substances.
"Ob) Within 30 days after the date of enactment of this part, the Regulations.
Director shall promulgate regulations to implement this section
(including the information that must be included and the require-
ments that the States must meet) in submitting the applications
required under this section.
GRANT UMITATIONS
"SEC. 504. (a) A grant made under this subpart may not— 42 u s e 3754.
"(1) for fiscal year 1989 appropriations be expended for more
than 75 per centum; and
"(2) for any subsequent fiscal year appropriations be ex- Indians.
pended for more than 50 per centum;
of the cost of the identified uses for which such grant is received to
carry out any purpose specified in section 502, except that in the
case of funds distributed to an Indian tribe which performs law
enforcement functions (as determined by the Secretary of the In-
terior) for any such program or project, the amount of such grant
shall be equal to 100 percent of such cost. The non-Federal portion of
the expenditures for such uses shall be paid in cash.
"(b) Not more than 10 percent of a grant made to an eligible State
under section 506 may be used for costs incurred to administer such
grant.
"(c) States and units of local government or combinations thereof
are authorized to use a grant made under section 506 for the
expenses associated with participation in the State and Local Task
Force Program established by the Drug Enforcement Admin-
istration.
"(d) States and local units of government are authorized to use a
grant made under section 506 for the expenses associated with
conducting the evaluations required under section 501(c) of this part.
"(e) The non-Federal portion of the cost of such program or project
shall be in cash. State and local units of government may use cash
received under the equitable sharing program to cover the non-
Federal portion of the costs of programs funded under section 506.
"(f) No funds may be awarded under this subpart to a grant
recipient for a program or project for which funds have been
awarded under this title for 4 years (in the aggregate), including any
period occurring before the effective date of this subsection.
REVIEW OF STATE APPUCATIONS
"SEC. 505. (a) The Bureau shall provide financial assistance to 42 u s e 3755.
each State applicant under this subpart to carry out the programs or
projects submitted by such applicant upon determining that—
"(1) the application or amendment thereto is consistent with
the requirements of this subpart; and
"(2) before the approval of the application and any amend-
ment thereto the Bureau has made an affirmative finding in
102 STAT. 4334 PUBLIC LAW 100-690—NOV. 18, 1988
writing that the program or project has been reviewed in
accordance with this subpart.
"(b) Each application or amendment made and submitted for
approval to the Bureau pursuant to section 503 shall be deemed
approved, in whole or in part, by the Bureau not later than 45 days
after first received unless the Bureau informs the applicant of
specific reasons for disapproval.
"(c) Grant funds awarded under this subpart shall not be used for
land acquisition or construction projects, other than penal and
correctional institutions.
"(d) The Bureau shall not finally disapprove any application, or
any amendment thereto, submitted to the Director under this sec-
tion without first affording the applicant reasonable notice and
opportunity for reconsideration.
"ALLOCATION AND DISTRIBUTION OF FUNDS UNDER FORMULA GRANTS
42 use 3756. "SEC. 506. (a) Of the total amount appropriated for this part in any
fiscal year, the amount remaining after setting aside the amount
required to be reserved to carry out section 511 of this title shall be
set aside for section 502 and allocated to States as follows:
"(1) $500,000 shall be allocated to each of the participating
States; and
"(2) of the total funds remaining after the allocation under
parsigraph (1), there shall be allocated to each State an amount
which bears the same ratio to the amount of remaining funds
described in this paragraph as the population of such State
bears to the population of all the States.
"(bXD Each State which receives funds under subsection (a) of this
section in a fiscal year shall distribute among units of local govern-
ment, or combinations of units of local government, in such State for
the purposes specified in section 501(b) that portion of such funds
which bears the same ratio to the a g g r ^ a t e amount of such funds as
the amount of funds expended by all units of local government for
criminal justice in the preceding fiscal year bears to the aggregate
amount of funds expended by the State and all units of local
government in such State for criminal justice in such preceding
fiscal year.
"(2) In distributing funds received under this part among urban,
rural, and suburban units of local government and combinations
thereof, the State shall give priority to those jurisdictions with the
greatest need.
"(3) Any funds not distributed to units of local government under
paragraph (2) shall be available for expenditure by the State
involved.
"(4) For purposes of determining the distribution of funds under
paragraphs (1) and (2), the most accurate and complete data avail-
able for the fiscal year involved shall be used. If data for such fiscal
year are not available, then the most accurate and complete data
available for the most recent fiscal year preceding such fiscal year
shall be used.
"(c) No funds allocated to a State under subsection (a) or received
by a State for distribution under subsections (b) and (c) may be
distributed by the Director or by the State involved for any program
other than a prc^ram contained in an approved application.
"(d) If the Director determines, on the basis of information avail-
able during any fiscal year, that a portion of the funds allocated to a
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4335
State for that fiscal year will not be required or that a State will be
unable to qualify or receive funds under section 502, or that a State
chooses not to participate in the program established under such
section, then such portion shall be awarded by the Director to
urban, rural, and suburban units of local government or combina-
tions thereof within such State giving priority to those jurisdictions
with greatest need.
"(e) Any funds allocated under subsection (a) or (e) that are not
distributed under this section shall be available for obligation under
subpart 2.
"STATE OFFICE
"SEC. 507. (a) The chief executive of each participating State shall 42 USC 3757.
designate a State office for purposes of—
"(1) preparing an application to obtain funds under section
503;
"(2) administering funds received under such section from the
Director, including receipt, review, processing, monitoring,
progress and financial report review, technical assistance, grant
adjustments, accounting, auditing and fund disbursements; and
"(3) coordinating the distribution of funds provided under this Research and
part with State agencies receiving Federal funds for drug abuse development.
education, prevention, treatment, and research activities and
programs.
"(b) An office or agency performing other functions within the
executive branch of a State may be designated to carry out the
functions specified in subsection (a).
"DISTRIBUTION OF GRANTS TO LOCAL GOVERNMENT
"SEC. 508. (a) Each application made by a local unit of govern- 42 USC 3758.
ment, or a combination of units of local government, to a State for
funds under this subchapter shall be deemed approved, in whole or
in part, by the State not later than 45 days after first received unless
the State informs the applicant in writing of specific reasons for
disapproval. The State shall not finally disapprove any application
submitted to the State without first affording the applicant reason-
able notice and opportunity for reconsideration.
"(b) Each State which receives funds under section 506 in a fiscal
year shall make such funds available to local units of government,
or combinations thereof, whose application has been submitted to,
approved and awarded by the State, within 45 days after the Bureau
has approved the State application and has made funds available to
such State. The Director shall have the authority to waive the 45-
day requirement in this section upon a finding that the State cannot
satisfy that requirement consistent with State statutes.
"Subpart 2—Discretionary Grants
"PURPOSES
"SEC. 510. (a) The purpose of this subpart is to provide additional 42 use 3760.
Federal financial assistance to public or private agencies and pri-
vate nonprofit organizations for purposes of—
"(1) undertaking educational and training programs for crimi-
nal justice personnel;
102 STAT. 4336 PUBLIC LAW 100-690—NOV. 18, 1988
"(2) providing technical assistance to States and local units of
government;
"(3) undertaking projects which are national or
multijurisdictional in scope and which address the purposes
specified in section 502; and
"(4) providing financial assistance to public agencies and
private nonprofit organizations for demonstration programs
which, in view of previous research or experience, are likely to
be a success in more than one jurisdiction.
Contracts. "(b) In Carrying out this subpart, the Director is authorized to
make grants to, or enter into contracts with public or private
agencies, institutions, or organizations or individuals to carry out
any purpose specified in section 501(b). The Director shall have final
authority over all funds awarded under this subpart.
"ALLOCATION OF FUNDS FOR DISCRETIONARY GRANTS
42 use 3761. "SEC. 511. Of the total amount appropriated for this part in any
fiscal year, 20 percent or $50,000,000, whichever is less, shall be
reserved and set aside for this section in a special discretionary fund
for use by the Director in carrying out the purposes specified in
section 503. Grants under this section may be made for amounts up
to 100 percent of the costs of the programs or projects contained in
the approved application.
"LIMITATION ON USE OF DISCRETIONARY GRANT FUNDS
42 use 3762. "SEC. 512. Grant funds awarded under section 511 shall not be
used for land acquisition or construction projects.
"APPLICATION REQUIREMENTS
42 use 3763. "SEC. 513. (a) No grant may be made under this subpart unless an
application has been submitted to the Director in which the
applicant—
"(1) sets forth a program or project which is eligible for
funding pursuant to section 511;
"(2) describes the services to be provided, performance goals,
and the manner in which the program is to be carried out;
"(3) describes the method to be used to evaluate the program
or project in order to determine its impact and effectiveness in
achieving the stated goals; and
"(4) agrees to conduct such evaluation according to the proce-
dures and terms established by the Bureau.
"(b) Each applicant for funds under this subpart shall certify that
its program or project meets all the requirements of this section,
that all the information contained in the application is correct, and
that the applicant will comply with all the provisions of this subpart
and all other applicable Federal laws. Such certification shall be
made in a form acceptable to the Director.
"PERIOD OF AWARD
42 use 3764. "SEC. 514. The Bureau may provide financial aid and assistance to
programs or projects under this subpart for a period of not to exceed
4 years. Grants made pursuant to this subpart may be extended or
renewed by the Bureau for an additional period of up to 2 years if—
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4337
"(1) an evaluation of the program or project indicates that it
has been effective in achieving the stated goals or offers the
potential for improving the functioning of the criminal justice
system; and
"(2) the public agency or private nonprofit organization
within which the program or project has been conducted agrees
to provide at least one-half of the total cost of such program or
project from any source of funds, including Federal grants,
available to the eligible jurisdiction.
''Subpart 3—Administrative Provisions
"EVALUATION
"SEC. 520. (a) To increase the efficiency and effectiveness of pro- 42 use 3766.
grams funded under this part, the National Institute of Justice
shall—
"(1) develop guidelines, in cooperation with the Bureau of
Justice Assistance, to assist State and local units of government
to conduct the program evaluations as required by section 501(c)
of this part; and
"(2) conduct a reasonable number of comprehensive evalua-
tions of programs funded under section 506 (formula grants) and
section 511 (discretionary grants) of this part.
"(b) In selecting programs for review, the Director of the National
Institute of Justice should consider—
"(1) whether the program establishes or demonstrates a new
and innovative approach to drug or crime control;
"(2) the cost of the program to be evaluated and the number of
similar programs funded under section 506 (formula grants) and
section 511 (discretionary grants);
"(3) whether the program has a high potential to be replicated
in other jurisdictions; and
"(4) whether there is substantial public awareness and
community involvement in the program. Routine auditing, mon-
itoring, and internal assessment of a State and local drug
control program's progress shall be the sole responsibility of the
Bureau of Justice Assistance.
"(c) The Director of the National Institute of Justice shall an- Reports.
nually report to the President, the Attorney General, and the
Congress on the nature and findings of the evaluation and research
and development activities funded under this section.
"GENERAL PROVISIONS
"SEC. 521. (a) The Bureau shall prepare both a 'Program Brief 42 USC 3766a.
and 'Implementation Guide' document for proven programs and
projects to be funded under this part.
"(b) The functions, powers, and duties specified in this part to be
carried out by the Bureau shall not be transferred elsewhere in the
Department of Justice unless specifically hereafter authorized by
the Clongress by law.
"REPORTS
"SEC. 522. (a) Each State which receives a grant under section 506 42 USC 3766b.
shall submit to the Director, for each year in which any part of such
102 STAT. 4338 PUBLIC LAW 100-690—NOV. 18, 1988
grant is expended by a State or unit of local government, a report
which contains—
"(1) a summary of the activities carried out with such grant
and an assessment of the impact of such activities on meeting
the needs identified in the State strategy submitted under
section 503;
"(2) a summary of the activities carried out in such year with
any grant received under subpart 2 by such State;
'(3) the evaluation result of programs and projects;
"(4) an explanation of how the Federal funds provided under
this part were coordinated with State agencies receiving Fed-
eral funds for drug abuse education, prevention, treatment, and
research activities; and
"(5) such other information as the Director may require by
rule.
Such report shall be submitted in such form and by such time as the
Director may require by rule.
"(b) Not later than 180 days after the end of each fiscal year for
which grants are made under this part, the Director shall submit to
the Speaker of the House of Representatives and the President pro
tempore of the Senate a report that includes with respect to each
State—
"(1) the aggregate amount of grants made under subpart 1
and subpart 2 to such State for such fiscal year;
"(2) the amount of such grants awarded for each of the
purposes specified in subpart 1;
"(3) a summary of the information provided in compliance
with paragraphs (1) and (2) of subsection (a);
"(4) an explanation of how Federal funds provided under this
part have been coordinated with Federal funds provided to
States for drug abuse education, prevention, treatment, and
research activities; and
"(5) evaluation results of programs and projects and State
strategy implementation.".
Ot)) AMENDMENT TO TABLE OF CONTENTS.—The table of contents of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended by striking the items relating to
parts D and E and inserting the following:
"PART D—ESTABUSHMENT OF BUREAU OF JUSTICE ASSISTANCE
"Sec. 401. Establishment of Bureau of Justice Assistance.
"Sec. 402. Duties and functions of the Director.
"PART E—BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS
"Sec. 500. Name of programs.
" S U B P A R T 1—DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PROGRAM
"Sec. 501. Description of the Drug Control and System Improvement Grant
program.
"Sec. 502. Eligibility.
"Sec. 503. State applications.
"Sec. 504. Grant limitations.
"Sec. 505. Review of State applications.
"Sec. 506. Allocation and distribution of funds under formula grants.
"Sec. 507. State office.
"Sec. 508. Distribution of grants to local government.
" S U B P A R T 2—DISCRETIONARY GRANTS
"Sec. 510. Purpose.
"Sec. 511. Allocation of funds for discretionary grants.
"Sec. 512. Limitation on use of discretionary grant funds.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4339
"Sec. 513. Application requirements.
"Sec. 514. Period of award.
"SUBPART 3—ADMINISTRATIVE PROVISIONS
"Sec. 520. Evaluation.
"Sec. 521. General provisions.
"Sec. 522. Reports.''.
SEC. 6092. DUTIES AND FUNCTIONS OF THE DIRECTOR OF THE BUREAU
OF JUSTICE STATISTICS.
(a) I N GENERAL.—Section 302 of part C of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. section 3732)
is amended in subsection (c) by redesignating paragraphs (16), (17),
(18) and (19) as paragraphs (20), (21), (22) and (23), respectively, and
inserting the following new paragraphs:
"(16) provide for the collection, compilation, analysis, publica-
tion and dissemination of information and statistics about the
prevalence, incidence, rates, extent, distribution and attributes
of drug offenses, drug related offenses and drug dependent
offenders and further provide for the establishment of a na-
tional clearinghouse to maintain and update a comprehensive
and timely data base on all criminal justice aspects of the drug
crisis and to disseminate such information;
"(17) provide for the collection, analysis, dissemination and
publication of statistics on the condition and progress of drug
control activities at the Federal, State and local levels with
particular attention to programs and intervention efforts dem-
onstrated to be of value in the overall national anti-drug
strategy and to provide for the establishment of a national
clearinghouse for the gathering of data generated by Federal,
State, and local criminal justice agencies on their drug enforce-
ment activities;
"(18) provide for the development and enhancement of State
and local criminal justice information systems, and the
standardization of data reporting relating to the collection,
analysis or dissemination of data and statistics about drug
offenses, drug related offenses, or drug dependent offenders;
"(19) provide for research and improvements in the accuracy. Research and
completeness, and inclusiveness of criminal history record development.
information, information systems, arrest warrant, and stolen
vehicle record information and information systems and sup-
port research concerning the accuracy, completeness, and inclu-
siveness of other criminal justice record information.".
(b) TECHNICAL AMENDMENT.—Section 901(aX2) of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended by striking 42 USC 3791.
"407(a)" and insertmg "506(a)".
SEC. 6093. JUSTICE ASSISTANCE ACT REAUTHORIZATION.
Section 1001 of part J of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended to read as follows: 42 usc 3793.
"AUTHORIZATION OF APPROPRIATIONS
"SEC. 1001. (aXD There is authorized to be appropriated
$30,000,000 for each of the fiscal years 1989, 1990, 1991, and 1992 to
carry out the functions of the Bureau of Justice Statistics.
"(2) There is authorized to be appropriated $30,000,000 for each of
the fiscal years 1989, 1990, 1991, and 1992 to carry out the functions
of the National Institute of Justice.
102 STAT. 4340 PUBLIC LAW 100-690—NOV. 18, 1988
"(3) There are authorized to be appropriated $25,500,000 for fiscal
year 1989 and such sums as may be necessary for each of the fiscal
years 1990, 1991, and 1992 to carry out the remaining fiinctions of
the Office of Justice Programs and the Bureau of Justice Assistance,
other than functions under parts D, E, F, G, L, and M.
"(4) There are authorized to be appropriated for each fiscal year
such sums as may be necessary to carry out part L of this title.
"(5) There are authorized to be appropriated $275,000,000 for fiscal
year 1989; $350,000,000 for fiscal year 1990; $400,000,000 for fiscal
year 1991; and such sums as may be necessary for fiscal year 1992 to
carry out the programs under parts D and E of this title.
"(6) There are authorized to be appropriated $15,000,000 for fiscal
year 1989 and such sums as may be necessary for each of the fiscal
years 1990, 1991, and 1992 to carry out the programs under part M
of this title.
"(h) Funds appropriated for any fiscal year may remain available
for obligation until expended.
"(c) Notwithstanding any other provision of law, no funds appro-
priated under this section for part E of this title may be transferred
or reprogrammed for carrying out any activity which is not au-
thorized under such parts.".
Communications PART 2—REGIONAL INFORMATION SHARING
and
telecommunica- SYSTEMS GRANTS
tions.
SEC. 6101. REGIONAL INFORMATION SHARING SYSTEMS GRANTS.
(a) GRANT AUTHORIZED.—Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by
striking part M and inserting the following:
"PART M—REGIONAL INFORMATION SHARING
SYSTEMS GRANTS
42 u s e 3796h. "SEC. 1301. REGIONAL INFORMATION SHARING SYSTEMS GRANTS.
Contracts. "(a) The Director of the Bureau of Justice Assistance is authorized
to make grants and enter into contracts with State and local crimi-
nal justice agencies and nonprofit organizations for the purposes of
identifying, targeting, and removing criminal conspiracies and
activities spanning jurisdictional boundaries.
"(b) Grants and contracts awarded under this part shall be made
for—
"(1) maintaining and operating information sharing systems
that are responsive to the needs of participating enforcement
agencies in addressing multijurisdictional offenses and conspir-
acies, and that are capable of providing controlling input,
dissemination, rapid retrieval, and systematized updating of
information to authorized agencies;
"(2) establishing and operating an analytical component to
assist participating agencies and projects in the compilation,
interpretation, and presentation of information provided to a
project;
"(3) establishing and maintaining a telecommunication of the
information sharing and analytical programs in clauses (1) and
(2); and
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4341
"(4) other programs designated by the Director that are de- Regulations.
signed to further the purposes of this part.
"(c) The Director is authorized to promulgate such rules and
regulations as are necessary to carry out the purposes of this
section, including rules and regulations for submitting and review-
ing applications.'
(b) TECHNICAL AMENDMENTS.—The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) is amended by striking out the items relating to part N
and section 1401, and inserting in lieu thereof the following new
items:
"PART M—REGIONAL INFORMATION SHARING SYSTEMS GRANTS
"Sec. 1301. Regional information sharing systems grants.
"PART N—TRANSITION; EFFECTIVE DATE; REPEALER
"Sec. 1401. Continuation of rules, authorities, and proceedings."
PART 3—PUBLIC SAFETY OFFICERS' DEATH
BENEFITS IMPROVEMENT
SEC. 6105. PUBLIC SAFETY OFFICERS' DEATH BENEFITS IMPROVEMENT.
(a) BASIC LEVEL OF DEATH BENEFIT PAYABLE.—Section 1201(a) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796) is amended by striking out "$50,000" and inserting in
lieu thereof "$100,000, adjusted in accordance with subsection (g)".
(b) ANNUAL ADJUSTMENT OF BENEFIT LEVEL.—Section 1201 of title
I of the Omnibus Crime Control Act of 1968 (42 U.S.C. 3796) is
amended by adding at the end thereof the following new
subsections:
"(g) On October 1 of each fiscal year beginning after the effective
date of this subsection, the Bureau shall adjust the level of the
benefit payable immediately before such October 1 under subsection
(a), to reflect the annual percentage change in the Clonsumer Price
Index for All Urban Consumers, published by the Bureau of Labor
Statistics, occurring in the 1-year period ending on June 1 imme-
diately preceding such October 1.
"(h) The amount payable under subsection (a) with respect to the
death of a public safety officer shall be the amount payable under
subsection (a) as of the date of death of such officer.".
(c) PARENTS AS BENEFICIARIES.—Section 1201(a)(4) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796(aX4)) is amended by striking out "dependent".
(d) TECHNICAL AMENDMENT.—Section 1203 of title I of the Omni-
bus Crime Control Act of 1968 (42 U.S.C. 3796b) is amended by
striking out paragraph (2) and redesignating paragraphs (3), (4), (5),
(6), and (7), as paragraphs (2), (3), (4), (5), and (6), respectively.
(e) EFFECTIVE DATE.—The amendments made by this section shall 42 u s e 3796
take effect on June 1,1988. note.
SEC. 6106. N A T I O N A L PROGRAMS FOR FAMILIES OF PUBLIC SAFETY
OFFICERS WHO HAVE DIED IN THE LINE OF DUTY.
(a) PROGRAM AUTHORIZATION.—Part L of title I of the Omnibus
Crime Control and Safe Streets Act (42 U.S.C. 3796a) is amended by—
(1) redesignating sections 1203 and 1204 as sections 1204 and
1205, respectively; and 42 u s e 3796b,
(2) adding after section 1202 the following new section: 3796c.
102 STAT. 4342 PUBLIC LAW 100-690—NOV. 18, 1988
"NATIONAL PROGRAMS FOR FAMIUES OF PUBUC SAFETY OFFICERS WHO
HAVE DIED IN THE U N E OF DUTY
42 use 3796a-i. "SEC. 1203. The Director is authorized and directed to use up to
$150,000 of the funds appropriated for this part to establish national
programs to assist the families of public safety ofQcers who have
died in the line of duty.".
(b) TECHNICAL AMENDMENT.—The table of contents for title I of
the Omnibus Crime Control and Safe Streets Act of 1968 is amended
by-
(1) redesignating the items for section 1203 and 1204 as
sections 1204 and 1205, respectively; and
(2) inserting after section 1203 the following:
"Sec. 1203. National program for families of public safety officers who have died in
the line of duty.".
Subtitle D—Authorizations of Appropriations
for the Department of Justice, Prisons, and
Related Law Enforcement Purposes
SEC. 6151. IMMIGRATION AND NATURALIZATION SERVICE PERSONNEL
ENHANCEMENT.
(a) SALARIES AND EXPENSES.—There is authorized to be appro-
priated for salaries and expenses for the Immigration and Natu-
ralization Service for fiscal year 1989, $12,300,000: Provided, That
such appropriation shall be in addition to any appropriations pro-
vided in regular appropriations Acts or continuing resolutions for
the fiscal year ending September 30,19i89: Provided further. That of
such additional appropriations authorized in this section, $4,100,000
shall be used to increase the number of inspectors of the Immigra-
tion and Naturalization Service by no fewer than 70 over such
personnel levels on board at the Service as of September 30, 1988,
and for related equipment.
(b) ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE PILOT
PROJECT AND REPORT.—(1) That of such additional appropriation
authorized in this section, $8,200,000 shall be used to incre£ise the
commitment of Immigration and Naturalization Service personnel
to the Organized Crime Drug Enforcement Task Forces (OCDETF)
for additional special agent and support positions; and for associated
training and equipment; and for costs incurred during INS agent
participation in OCDETF operations with other Federal, State, and
local law enforcement agencies.
(2) The positions described in paragraph (1) shall, under the
supervision of a director for the pilot project, be used exclusively to
assist Federal and local law enforcement agencies in combating
illegal alien involvement in drug trafficking and crimes of violence.
(3) The Director of the pilot project shall report to the Assistant
Commissioner—Investigations and will have the authority to—
(A) hire a limited number of non-Federal law enforcement
of^cers with substantive experience in narcotics investigations
should insufficient senior Federal agents be available. Non-
Federal law enforcement officers hired under this provision
may be over the age of 35, but in that event would only be
eligible for nonlaw enforcement retirement benefits; and
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4343
(B) grant extensions of stay and other discretionary immigra- Aliens.
tion benefits and waivers to witnesses, informants, and others
whose presence in the United States is essential to the inves-
tigation and prosecution of criminal aliens involved in drug
trafficking £md crimes of violence.
(4) After the first year of the establishment of this pilot project the
Attorney (Jeneral will provide for an evaluation of its effectiveness,
including an assessment by Federal, State, and local prosecutors and
enforcement agencies.
(c) LOCAL OFFICE CAPABILITIES IMPROVEMENT PILOT PROJECT.—
From the sums appropriated to carry out this section, the Attorney
General, through the Investigative Division of the Immigration and
Naturalization Service, shall provide a pilot program in 4 cities to
establish or improve the capabilities of the local offices of the
Service and of local law enforcement agencies to respond to in-
quiries concerning aliens who have been arrested or convicted for, or
are the subject criminal investigation relating to, a violation of any
law relating to controlled substances. The Attorney General shall
select cities in a manner that provides special consideration for
cities located near the land borders of the United States and for
large cities which have major concentrations of aliens. Some of the
sums made available under the pilot program shall be used to
increase the personnel level of the Investigative Division.
SEC. 6152. BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS ARMED
CAREER CRIMINAL APPREHENSION PROGRAM PERSONNEL
ENHANCEMENT.
There is authorized to be appropriated for salaries and expenses of
the Bureau of Alcohol, Tobacco, and Firearms for fiscal year 1989,
$10,660,000: Provided, That such appropriation shall be in addition
to any appropriations provided in regular appropriations Acts or
continuing resolutions for the fiscal year ending September 30,1989:
Provided further. That such additional appropriations shall be used
to increase the number of Armed Career Criminal Apprehension
enforcement personnel and other personnel responsible for criminal
enforcement of section 924 of title 18, United States Code, by no
fewer than 244 full-time equivalent positions over such personnel
levels onboard at the Bureau as of September 30, 1988, and for
related equipment: Provided further. That of the amount authorized
to be appropriated by this section, $615,000 shall be available for—
(1) the equipping of any vessel, vehicle, equipment, or aircraft
available for official use by a State or local law enforcement
agency if the conveyance will be used in drug-related joint law
enforcement operations with the Bureau of Alcohol, Tobacco,
and Firearms; and
(2) the pajmient of overtime salaries, travel, fuel, training,
equipment, and other similar costs of State and local law
enforcement officers that are incurred in joint operations with
the Bureau of Alcohol, Tobacco, and Firearms.
SEC. 6153. DRUG ENFORCEMENT ADMINISTRATION PERSONNEL
ENHANCEMENT.
(a) I N GENERAL.—There is authorized to be appropriated for sala-
ries and expenses of the Drug Enforcement Administration for fiscal
year 1989, $60,000,000: Provided, That such appropriation shall be in
addition to any appropriations provided in regular appropriations
Acts or continuing resolutions for the fiscal year ending September
102 STAT. 4344 PUBLIC LAW 100-690—NOV. 18, 1988
30, 1989: Provided further. That $4,920,000 of such additional appro-
priation authorized in this section shall be used to increase Drug
Enforcement Administration operations against criminals involved
in youth gang-related organized crime: Provided further. That
$10,000,000 of such additional amount authorized to be appropriated
in this section shall be used to implement the Chemical Diversion
and Trafficking Act of 1988: Provided further, That $15,000,000 of
such additional amount authorized to be appropriated in this section
shall be used for the Foreign Cooperative Investigations program:
Provided further. That $5,000,000 of such additional amount au-
thorized to be appropriated in this section shall be used for the
Diversion Control program: Provided further. That $3,280,000 of
such additional amount authorized to be appropriated in this section
shall be used for additional analysts and equipment for the enhance-
ment of the El Paso Intelligence Center (EPIC).
(b) DEA DRUG EDUCATION PROGRAM.—There is authorized to be
appropriated, out of any funds made available by this or any other
Act for the Drug Enforcement Administration, for the fiscal year
ending September 30, 1989, such sums as may be necessary to
establish and maintain a Drug Enforcement Administration Drug
Education Program.
5 use 5315 note. (c) COMPENSATION OF DEPUTY DIRECTOR.—The Deputy Adminis-
trator of the Drug Enforcement Administration shall receive com-
pensation at the rate now or hereafter prescribed by law for posi-
tions of Level IV of the Executive Schedule Pay Rate (5 U.S.C. 5315).
SEC. 6154. FEDERAL BUREAU OF INVESTIGATION DRUG ENFORCEMENT
PERSONNEL ENHANCEMENT.
There is authorized to be appropriated for salaries and expenses of
the Federal Bureau of Investigation for fiscal year 1989, $30,000,000:
Provided, That such appropriation shall be in addition to any appro-
priations provided in regular appropriations Acts or continuing
resolutions for the fiscal year ending September 30,1989.
SEC. 6155. UNITED STATES MARSHALS SERVICE DRUG ENFORCEMENT
PERSONNEL ENHANCEMENT.
There is authorized to be appropriated for salaries and expenses of
the U.S. Marshals Service for the fiscal year 1989, $21,500,000:
Provided, That such appropriation shall be in addition to any appro-
priations provided in regular appropriations Acts or continuing
resolutions for the fiscal year ending September 30, 1989: Provided
further. That such additional appropriation shall be used as follows:
(1) for asset seizure and forfeiture activities;
(2) for criminal justice support activities, including prisoner
production and transportation;
(3) for protection of the Federal judiciary and court facilities
resulting from increased drug-related trials;
(4) for increased workloads of the Marshals Service Witness
Security Program; and
(5) for payment of rewards for assistance in the capture or
information leading to the capture of a Federal fugitive.
SEC. 6156. SUPPORT OF UNITED STATES PRISONERS.
There is authorized to be appropriated for fiscal year 1989, for
support of United States prisoners in non-Federal institutions,
$21,500,000 to remain available until expended, of which not to
exceed $4,100,000 shall be available under the Cooperative Agree-
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4345
ment Program for the purpose of renovating, constructing, and
equipping State and local correctional facilities: Provided, That the
appropriation authorized under this section shall be in addition to
any appropriations provided in regular appropriations Acts or
continuing resolutions for the fiscal year ending September 30,1989:
Provided further. That amounts made available for constructing any
local correctional facility shall not exceed the cost of constructing
space for the average Federal prisoner population to be housed in
the facility, or in other facilities in the same correctional system, as
projected by the Attorney General; Provided further. That following
agreement on or completion of any federally assisted correctional
facility construction, the availability of the space required for Fed-
eral prisoners with authorized Federal funds shall be assured and
the per diem rate charged for housing Federsd prisoners in the
assured space shall not exceed operating costs for the period of time
specified in the cooperative agreement.
SEC. 6157. FEDERAL PRISON SYSTEM.
There is authorized to be appropriated in fiscal year 1989 to the
buildings and facilities account, Federal Prison System, Department
of Justice, $200,000,000 for planning; acquisition of sites, construc-
tion of new facilities; purchase and acquisition of existing facilities
and remodeling and equipping of such facilities for penal and correc-
tional use, to alleviate overcrowding in existing prisons and to meet
the increased demand for prison space resulting from drug-related
offenses: Provided, That such appropriation shall be in addition to
any appropriations provided in regular appropriations Acts or
continuing resolutions for the fiscal year ending September 30,1989.
There is authorized to be appropriated in fiscal year 1989 for the
salaries and expenses account, Federal Prison System, Department
of Justice, $13,000,000: Provided, That such appropriation shall be in
addition to any appropriations provided in regular appropriations
Acts or continuing resolutions for the fiscal year ending September
30,1989.
SEC. 6158. UNITED STATES ATTORNEYS DRUG ENFORCEMENT PERSON-
NEL ENHANCEMENT.
There is authorized to be appropriated for salaries and expenses of
the United States Attorneys, Department of Justice for fiscal year
1989, $36,080,000: Provided, That such appropriation shall be in
addition to any appropriations provided in regular appropriations
Acts or continuing resolutions for the fiscal year ending September
30,1989.
SEC. 6159. FEDERAL JUDICIARY.
(a) IN GENERAL.—There is authorized to be appropriated to the
Federal courts for salaries and expenses of the Courts of Appeals,
District Courts, and other Judicial Services, $43,132,000 to remain
available until expended: Provided, That such appropriation shall be
in addition to any appropriations provided in regular appropriations
Acts or continuing resolutions for the fiscal year ending September
30, 1989; Provided further. That the additional funds authorized to
be appropriated under this section, shall be made available for the
following:
(1) $30,340,000 for probation and pretrial services, including
pretrial social services;
(2) $1,640,000 for additional deputy clerks;
102 STAT. 4346 PUBLIC LAW 100-690—NOV. 18, 1988
(3) $656,000 for additional law clerks and clerical support
staff:
(4) $4,100,000 for additional renovation of court facilities; and
(5) $4,756,000 for additional United States magistrates.
Reports. (b) JUDICIAL CONFERENCE.—(1) The Judicial Conference of the
United States shall prepare a report evaluating the impact of drug-
related criminal activity on the Federal Judiciary. The Judicial
Conference shall make its recommendations on the basis of the
drug-related resource needs of the district courts. The report shall
further contain a complete explanation of the specific criteria used
in making its recommendations, including the officials and sources
consulted on the impact of drug-related cases in specific judicial
district courts. The report shall further contain a complete expla-
nation of the specific criteria used in making its recommendations,
including the officials and sources consulted on the impact of drug-
related cases in specific judicial districts.
(2) The report required by paragraph (1) shall be transmitted to
the United States House of Representatives and the Committee on
the Judiciary of the United States Senate not later than 120 days
after the date of enactment of this section.
(c) FEDERAL PUBLIC DEFENDER AND COMMUNITY DEFENDER.—There
is authorized to be appropriated for the operation of Federal Public
Defender and Community Defender organizations, the compensation
and reimbursement of expenses of attorneys appointed to represent
persons under the Criminal Justice Act of 1964, as amended, the
compensation and reimbursement of expenses of persons furnishing
investigative, expert and other services under the Criminal Justice
Act, the compensation (in accordance with Criminal Justice Act
maximums) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has waived
representation by counsel, $28,700,000 to remain available until
expended: Provided, That such appropriation shall be in addition to
any appropriations provided in regular appropriations Acts or
continuing resolutions for the fiscal year ending September 30, 1989.
(d) JURORS FEES AND EXPENSES.—There is authorized to be appro-
priated to the Federal courts for fees and expenses of jurors and
compensation of jury commissioners, $2,378,000 to remain available
until expended: Provided, That such appropriation shall be in addi-
tion to any appropriations provided in regular appropriations Acts
or continuing resolutions for the fiscal year ending September 30,
1989.
(e) SECURITY EQUIPMENT.—There is authorized to be appropriated
to the Federal courts for necessary expenses, not otherwise provided
for, incident to the procurement, installation, and maintenance of
security equipment and protective services for the United States
courts in courtrooms and adjacent areas, including building ingress-
egress control, inspection of packages, directed security patrols, and
other similar activities, $4,920,000 to remain available until ex-
pended: Provided, That such appropriation shall be in addition to
any appropriations provided in r ^ u l a r appropriations Acts or
continuing resolutions for the fiscal year ending September 30, 1989.
SEC. 6160. THE NATIONAL ADVISORY COMMISSION ON LAW ENFORCE-
MENT.
(a) DEFINITIONS.—As used in this section—
(1) the term "Commission" means the National Advisory
Commission on Law Enforcement;
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4347
(2) the term "Commissioner" means a member of the Na-
tional Advisory Commission on Law Enforcement; and
(3) the term "law enforcement officer" has the same meaning
as provided in section 8401(17) of title 5, United States Code.
Ot)) ESTABLISHMENT.—There is established a National Advisory
Commission on Law Enforcement, which shall consist of the follow-
ing members:
(1) four members of the United States Senate, 2 of whom shall
be selected by the Majority Leader and 2 of whom shall be
selected by the Minority Leader;
(2) four members of the United States House of Representa-
tives, 2 of whom shall be selected by the Speaker and 2 of whom
shall be selected by the Minority Leader;
(3) the Comptroller General of the United States, who shall
also serve as Chairman of the Commission;
(4) the Director of the Office of Personnel Management;
(5) the Attorney General of the United States and three other
officials of the Department of Justice who shall be designated by
the Attorney General;
(6) the Secretary of the Treasury and 2 other officials of the
Department of the Treasury who shall be designated by the
Secretary of the Treasury;
(7) the Inspector Generals of 3 departments or agencies of the
executive branch of the United States who shall be designated
by the President of the United States; and
(8) three representatives from Federal employee groups to be
selected by the Office of Personnel Management after consulta-
tion with the Speaker of the House and the Majority Leader of
the Senate.
(c) STUDY.—The Commission shall study the methods and rates of
compensation, including salary, overtime pay, retirement policies,
and other benefits of law enforcement officers in all Federal agen-
cies, as well as the methods and rates of compensation of State and
local law enforcement officers in a representative number of areas
where Federal law enforcement officers are assigned, in order to
determine—
(1) the differences which exist among Federal agencies with
regard to the methods and rates of compensation for law
enforcement officers;
(2) the rational basis, if any, for such differences, considering
the nature of the responsibilities of the law enforcement officers
in each agency; the qualifications and training required to
perform such responsibilities; the degree of personal risk to
which the law enforcement officers in each agency are normally
exposed in the performance of their duties; and such other
factors as the Commission deems relevant in evaluating the
differences in compensation among the various agencies;
(3) the extent to which inequities appear to exist among
Federal agencies with regard to the methods and rates of
compensation of law enforcement officers, based on con-
sideration of the factors mentioned in paragraph (2) of this
subsection;
(4) the feasibility of devising a uniform system of overtime
compensation for law enforcement officers in all or most Fed-
eral agencies, with due regard for both the special needs of law
enforcement officers and the relative cost effectiveness to the
102 STAT. 4348 PUBLIC LAW 100-690—NOV. 18, 1988
Government of such a system compared to those currently in
use;
(5) how the salaries paid to Federal law enforcement officers
compare to those of State and local officers in the same geo-
graphical area, especially those in "high cost-of-living" areas;
(6) the impact of the rates of compensation paid by various
Federal agencies on the lifestyle, morale, and general well-being
of law enforcement officers, including their ability to subsist;
(7) the recruiting and retention problems experienced by
Federal agencies due to: inequities in compensation among such
agencies; the differences between rates of compensation paid to
Federal law enforcement officers and State and local officers in
the same geographical areas; and other factors related to
compensation;
(8) the extent to which Federal legislation and administrative
regulations may be necessary or appropriate to rectify inequi-
ties among Federal agencies in the methods and rates of com-
pensation for law enforcement officers; to address the lack of
uniformity among agencies with regard to overtime pay; to
provide premiums or special rates of pay for Federal law
enforcement officers in high cost-of-living areas; to ensure that
the levels of compensation paid to Federal law enforcement
officers will be competitive with those paid to State and local
officers in the same geographical areas; and to address such
other matters related to the determinations made under this
subsection as the Commission deems appropriate in the in-
terests of enhancing the ability of Federal agencies to recruit
and retain the most qualified and capable law enforcement
officers; and
(9) the average retirement age of the Federal agencies and the
retirement and benefits policies of Federal agencies.
(d) POWERS OF THE COMMISSION.—The Commission shall have the
power to—
(1) utilize, with their consent, the services, equipment, person-
nel, information, and facilities of other Federal, State, local, and
private agencies and instrumentalities with or without re-
imbursement therefor;
Contracts. (2) enter into and perform, without regard to section 3324 of
title 31, United States Code, such contracts, leases, cooperative
agreements, and other transactions as may be necessary in the
conduct of the functions of the Commission, with any public
agency, or with any person, firm, association, corporation, edu-
cational institution, or nonprofit organization;
(3) request such information, data, and reports from any
Federal agency or instrumentality as the Commission may from
time to time require and as may be produced consistent with
other law; and
(4) hold hearings and call witnesses that might assist the
Commission in the exercise of its powers or duties.
The Commission shall have such other powers as may be necessary
to carry out its functions under this Act and may delegate to any
member or designated person such powers as may be appropriate in
the conduct of its functions.
(e) RESOURCES.—(1) Upon the request of the Conmiission, each
Federal agency is authorized and directed to make its resources,
services, equipment, personnel, facilities, and information available
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4349
to the greatest practicable extent to the Commission in the execu-
tion of its functions.
(2) Each Commissioner may utilize the resources, services, equip-
ment, personnel, information, and facilities of his or her Federal
agency or, in the case of the Commissioners who are Members of
Congress, his or her congressional office, as may be necessary in the
conduct of the Commissioner's respective functions as a member of
the Commission.
(f) QUORUM.—A simple majority of the Commissioners then serv-
ing shall constitute a quorum for the conduct of business by the
Commission, and the Commission may exercise its powers and fulfill
its duties by the vote of a simple majority of the Commissioners
present.
(g) MEETING.—The Chairman of the Commission shall call and
preside at meetings of the Commission, but the Chairman may
delegate to any other Commissioner the authority to preside at
meetings of the Commission.
(h) REPORT AND DISSOLUTION OF COMMISSION.—(1) Within 6 months
following the date of enactment of this Act, the Commission shall
prepare and deliver to the President of the United States, the
President of the Senate, and the Speaker of the House of Represent-
atives, a written report setting forth—
(A) the findings and determinations made by the Commission
pursuant to section 176(b); and
(B) specific proposals for such legislation and administrative
regulations as the Commission has determined to be necessary
or appropriate pursuant to section 176(bX8).
(2) The Commission shall be terminated 60 days following submis-
sion of the report mandated by this section.
SEC. 6161. BORDER PATROL DRUG INTERDICTION ASSET ENHANCEMENT.
There is authorized to be appropriated for salaries and expenses of
the Border Patrol within the Department of Justice for fiscal year
1989, $16,400,000: Provided, That such appropriation shall be in
addition to any appropriations provided in regular appropriations
Acts or continuing resolutions for the fiscal year ending September
30, 1989: Provided further. That such additional appropriation shall
be used only for the procurement of drug interdiction-related equip-
ment for Border Patrol drug enforcement personnel, including spare
parts for helicopters; 4-wheel drive law enforcement vehicles; and
initial procurement of mobile sensor response system and electronic
intrusion detection, and for related operation and maintenance
expenses.
SEC. 6162. IMMIGRATION AND NATURALIZATION SERVICE/BORDER
PATROL DRUG INTERDICTION PERSONNEL ENHANCEMENT.
(a) SALARIES AND EXPENSES.—There is authorized to be appro-
priated for salaries and expenses of the Border Patrol within the
Department of Justice for fiscal year 1989, $16,400,000: Provided,
That such appropriation shall be in addition to any appropriations
appropriated in any regular appropriations Acts or continuing reso-
lutions for the fiscal year ending on September 30, 1989: Provided
further. That such additional appropriation shall be used to increase
officers of the Border Patrol by no fewer than 435 full-time equiva-
lent positions over the level of such personnel onboard at the Border
Patrol as of September 30,1988, and for related equipment.
102 STAT. 4350 PUBLIC LAW 100-690—NOV. 18, 1988
(b) SAN CLEMENTE BORDER PATROL STATION.—There is authorized
to be appropriated, out of any funds made available by section 6161,
for the fiscal year ending September 30, 1989, $2,706,000 for the
design of improvements for the Immigration and Naturalization
Service border patrol station at San Clemente, California.
(c) DRUG EDUCATION OFFICERS PROGRAM.—There is authorized to
be appropriated, out of any funds made available by this Act, for the
fiscal year ending September 30, 1989, such sums as may be nec-
essary to establish and maintain an Immigration and Naturaliza-
tion Service Drug Education Officers program, featuring the dem-
onstration of drug detection canine unit capabilities along the south-
west border region of the United States.
(d) SALARIES AND EXPENSES.—There is authorized to be appro-
priated for salaries and expenses of the Border Patrol for fiscal year
1989, $16,400,000. Any amounts appropriated pursuant to this
subsection shall be in addition to any amounts appropriated in
regular appropriations Acts for such fiscal year. Such additional
appropriations shall be used to increase the number of officers of the
Border Patrol by not fewer than 435 full-time equivalent officer
positions beyond the number of such positions at the Border Patrol
on September 30,1988.
SEC. 6163. USE OF EXISTING FEDERAL RESEARCH AND DEVELOPMENT
FACILITIES FOR CIVILIAN LAW ENFORCEMENT.
President of U.S. (a) COMPREHENSIVE PLAN.—The President of the United States
shall direct the Office of National Drug Control Policy, established
in title I of this Act, to develop a comprehensive plan for utilizing no
fewer than eight existing facilities of the Department of Defense, the
Department of Justice, the Department of Energy, National Secu-
rity Agency, and the Central Intelligence Agency, to develop tech-
nologies for application to Federal law enforcement agency mis-
sions, and to provide research, development, technology, and evalua-
tion support to the law enforcement agencies of the Federal Govern-
ment. Such plan shall be prepared and submitted to the Congress by
no later than 90 days from the date of enactment of this Act.
OJ) EXISTING FACIUTIES TO B E EXAMINED.—The following existing
United States Government facilities shall be examined in develop-
ing the comprehensive plan mandated in subsection (a):
(1) for night vision research and development—Department of
Defense, Army Materiel Command, Night Vision Laboratory at
Fort Belvoir, Virginia;
(2) for ground sensor research and development—Department
of Defense, Army Materiel Command, Communications Elec-
tronic Command, Fort Monmouth, New Jersey;
(3) for physical/electronic security research and develop-
ment—Department of Defense, Air Force Systems Command,
Electronic Systems Division, Hanscom Field, Massachusetts;
(4) for imaging/electronic surveillance research and develop-
ment—Central Intelligence Agency and National Security
Agency, Washington, E)C;
(5) for chemical/biosensor research and development—
Department of Defense, Army Materiel Command, Chemical
Research Development and Engineering Center, Aberdeen,
Maryland;
\ (6) for chemical/molecular detector research and develop-
ment—Department of Energy, Sandia National Laboratories,
\ Albuquerque, New Mexico;
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4351
(7) for physical/electronic surveillance and tracking, research
and development—Department of Justice, Federal Bureau of
Investigation and Drug Enforcement Administration, Washing-
ton, DC; and
(8) for explosives ordnance detection research and develop-
ment—Department of Defense, Naval Ordnance Station, Indian
Head, Maryland.
(c) PARTICIPATION.—In developing the plan mandated in subsec-
tion (a), the Director of National Drug Control Policy shall ensure
that representatives of the Federal law enforcement agencies are
provided an opportunity to participate in the formulation of the
comprehensive plan and that their views and recommendations are
integrated into the planning process.
(d) COMPTROLLER GENERAL OVERSIGHT.—The Comptroller General
of the United States shall monitor the development of the plan
mandated in subsection (a) and report periodically to the appro-
priate Committees of the Congress on the progress of the develop-
ment of this research and development p r c ^ a m .
SEC. 6164. FEDERAL LAW ENFORCEMENT TRAINING CENTER IMPROVE-
MENT.
(a) AUTHORIZATION OF APPROPRIATIONS FOR THE FEDERAL LAW
ENFORCEMENT TRAINING CENTER.—(1) There is authorized to be
appropriated for salaries and expenses of the Federal Law Enforce-
ment Training Center for fiscal year 1989, $5,740,000; Provided, That
such appropriation shall be in addition to any appropriations provid-
ed in regular appropriations Acts or continuing resolutions for the
fiscal year ending September 30, 1989: Provided further, That
$4,100,000 of such additional appropriation shall be used by the
Federal Law Enforcement Training Center only to accommodate the
advanced in-service training requirements of the Drug Enforcement
Administration that cannot otherwise be met at the Department of
Justice training facilities: Provided further, That $1,640,000 of such
additional appropriation shall be used by the Center to increase the
level of drug enforcement training, including basic and advanced
training, for Federal, State, and local law enforcement officers:
Provided further, That the Center shall hire 44 additional direct full-
time equivalent positions and maintain an average of not less than
469 direct full-time equivalent positions by the end of fiscal year
1990. Provided further, That, on a space available, cost reimbursable
basis, the Center shall, to the extent practical, increase the level of
training for drug enforcement officers from foreign countries that
are cooperating with the law enforcement agencies of the United
States Government.
(2) There are authorized to be appropriated for salaries and
expenses of the Federal Law Enforcement Training Center,
$45,000,000 for the fiscal year ending September 30, 1990, and
$50,000,000 for the fiscal year endiiig September 30, 1991: Provided,
That in each fiscal year addressed in this paragraph, support for the
State and local law enforcement training program and the training
programs for drug enforcement officers from foreign countries shall
be maintained at no less than the level of support in the fiscal year
ending September 30,1989.
0)) ElxPANDED TRiUNiNG.—^Thc Secretary of the Treasury is di-
rected to expand the advanced training programs for Federal law
enforcement agencies at the Marana, Arizona, satellite facility of
the Federal L^w EInforcement Training Center, within the total
102 STAT. 4352 PUBLIC LAW 100-690—NOV. 18, 1988
amount of appropriations authorized for fiscal years 1989, 1990, and
1991.
(c) REPORT.—The Secretary of the Treasury is directed to report in
writing to the appropriate committees of the Congress by no later
than 90 days from the date of enactment of this Act with his
preliminary plans for the increased training activities at the Fed-
eral Law Enforcement Training Center facilities to be funded with
the additional appropriations authorized in subsection (aXD of this
section, and the authorized level of appropriations contained in
subsection (a)(2).
SEC. 6165. FEDERAL LAW ENFORCEMENT LANGUAGE TRAINING
IMPROVEMENT.
(a) DEPARTMENT OF DEFENSE.—The Department of Defense is au-
thorized to provide, on a cost reimbursable basis, foreign language
training at the Defense Language Institute to special agents of
Federal civilian agencies involved in drug law enforcement.
(b) DEPARTMENT OF STATE.—The Department of State is au-
thorized to provide, on a cost reimbursable basis, foreign language
training at the Foreign Service Institute to special agents of Federal
civilian agencies involved in drug law enforcement.
(c) DRUG ENFORCEMENT ADMINISTRATION.—The Drug Enforcement
Administration is authorized to—
(1) detail special agent personnel for foreign language train-
ing to the Defense Language Institute or the Foreign Service
Institute; and
(2) reimburse, from appropriated funds, the Departments of
Defense and State for the cost of training provided.
(d) CUSTOMS SERVICE.—The Customs Service is authorized to—
(1) detail special agent personnel for foreign language train-
ing to the Defense Language Institute or the Foreign Service
Institute, or both; and
(2) reimburse, from appropriated funds, the Departments of
Defense and State for the cost of training provided.
(e) INS.—The Immigration and Naturalization Service is au-
thorized to—
(1) detail investigative personnel for foreign language training
to the Defense Language Institute or the Foreign Service In-
stitute; and
(2) reimburse, from appropriated funds, the Departments of
Defense and State for the cost of training provided.
(f) AUTHORIZATION OF APPROPRIATIONS.—The following amounts
are authorized to be appropriated to implement the provisions of
this section:
(1) to the Commissioner of Customs, only for obligation for
special agent foreign language training, $273,000;
(2) to the Administrator of the Drug Enforcement Administra-
tion, only for obligation for special agent foreign language
training, $273,000; and
(3) to the Commissioner of the Immigration and Naturaliza-
tion Service, only for obligation for special agent foreign lan-
guage training, $273,000.
(g) RULES APPLICABLE TO APPROPRIATIONS.—Moneys appropriated
pursuant to this section shall—
(1) remain available until expended; and
(2) shall be made available by the United States Customs
Service, the Immigration and Naturalization Service, and the
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4353
Drug Enforcement Administration out of the total amount of
additional funds authorized to be appropriated in this Act.
SEC. 6166. INTERDICTION TASK FORCE PROGRAMS. Bahamas
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be
appropriated for salaries and expenses of the Drug Enforcement
Administration for fiscal year 1989, $4,920,000: Provided, That such
appropriation shall be in addition to any appropriations provided in
regular appropriations Acts or continuing resolutions for the fiscal
year ending September 30, 1989: Provided further, That such appro-
priations shall be made available for the United States-Bahamas
Drug Interdiction Task Force established by section 3301 of subtitle
E of title III of the Antidrug Abuse Act of 1986 (21 U.S.C. 801 note)
and related activities: Provided further, That of these amounts made
available for the United States-Bahamas Drug Interdiction Task
Force under this section, the Drug Enforcement Administration is
authorized to provide grants or other financial assistance to the
Commonwealth of the Bahamas in the establishment of a Bahamian
Enforcement Strike Team that will conduct unilateral Bahamian
Government drug interdiction operations in the southern Bahamian
Islands: Provided further, That the appropriations authorized under
this section shall only be made available for United States-Baha-
mian drug interdiction operations upon receipt of a $410,000 con-
tribution toward such joint operations by the Commonwealth of the
Bahamas in fiscal year 1989.
Oa) SENSE OF CONGRESS.—It is the sense of the Congress that— Nigel Bowe.
(1) the Commonwealth of the Bahamais should aggressively
pursue the extradition of Nigel Bowe and the consummation of
the pending extradition treaty with the United States by the
end of 1988;
(2) the Government of the United States should cooperate
fully with the Commonwealth of the Bahamas in providing
information to the Bahamas regarding allegations of corruption
and cooperate in responding to requests from the Common-
wealth of the Bahamas for the extradition of United States
citizens who have been indicted for drug-related offenses in the
Bahamas; and
(3) agents of the Drug Enforcement Agency should be phys-
ically present when confiscated or seized illegal drug contra-
band is destroyed by personnel of the Commonwealth of the
Bahamas.
SEC. 6167. INTERPOI^UNITED STATES NATIONAL CENTRAL BUREAU.
There is authorized to be appropriated for the United States
National Central Bureau for fiscal year 1989 $820,000; Provided,
That such appropriation shall be in addition to any appropriations
requested by the President in his fiscal year 1989 budget as pre-
sented to Congress on February 18, 1988, or provided in regular
appropriations acts or continuing resolutions for the fiscal year
ending September 30, 1989: Provided further. That such appropria-
tion shall be used to increase personnel by no fewer than 23 full-
time equivalent positions over personnel levels as of September 30,
1988 for the purpose of maintaining no fewer than 24-hour oper-
ations and for upgrading telecommunications equipment.
102 STAT. 4354 PUBLIC LAW 100-690—NOV. 18, 1988
SEC. 6168. DRUG ENFORCEMENT ADMINISTRATION AIR WING FACILITY.
The Administrator of the Drug Enforcement Administration shall
take such action (including site acquisition, purchase of equipment
and fixtures, and relocation from any former facility) as may be
necessary to establish, maintain, and operate a special purpose
facility for the use of the Drug Enforcement Administration Air
Wing, to be located at a site having direct aircraft access to public
aviation facilities. To carry out this section, there is authorized to be
appropriated for the Department of Justice for the Drug Enforce-
ment Administration, $10,800,000.
Money Subtitle E—Money Laundering
Laundering
Prosecution
Improvements SEC. 6181. SHORT TITLE,
Act of 1988. This subtitle may be cited as the "Money Laundering Prosecution
18 u s e 981 note.
Improvements Act of 1988".
SEC. 6182. APPLICATION OF SECTION 1957 TO ATTORNEYS FEES.
Section 1957(fKl) of title 18, United States Code, is amended by
inserting after "title 31)" the second place it appears the following:
", but such term does not include any transaction necessary to
preserve a person's right to representation as guaranteed by the
sixth amendment to the Constitution".
SEC. 6183. CROSS-REFERENCE TECHNICAL CORRECTIONS.
Section 1956(c)(7)(D) of title 18, United States Code, is amended by
striking out "section 38 of the Arms Export Control Act" and all
that follows through "(50 U.S.C. App. 3)" and inserting in lieu
thereof "section 38(c) (relating to criminal violations) of the Arms
Export Control Act, section 11 (relating to violations) of the Export
Administration Act of 1979, section 206 (relating to penalties) of the
International Emergency Economic Powers Act, or section 16 (relat-
ing to offenses and punishment) of the Trading with the Enemy
Act.".
SEC. 6184. DEFINITION OF MONETARY INSTRUMENT FOR MONEY
LAUNDERING OFFENSES.
Section 1957 of title 18, United States Code, is amended by strik-
ing out "for the purposes of subchapter II of chapter 53 of title 31"
and inserting "in section 1956(cX5) of this title" in lieu thereof.
SEC. 6185. BANK SECRECY ACT AMENDMENTS.
(a) BUSINESS SIMILAR TO FINANCIAL INSTITUTIONS.—Section
5312(a)(2) of title 31, United States Code, is amended by striking
subparagraphs (T) and (U) and inserting the following:
"(T) a business engaged in vehicle sales, including auto-
mobile, airplane, and boat sales;
"(U) persons involved in real estate closings and settle-
ments;
"(V) the United States Postal Service;
"(W) an agency of the United States Government or of a
State or local government carrying out a duty or power of a
business described in this paragraph;
"(X) any business or agency which engages in any activity
which the Secretary of the Treasury determines, by regula-
tion, to be an activity which is similar to, related to, or a
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4355
substitute for any activity in which any business described
in this paragraph is authorized to engage; or
"(Y) any other business designated by the Secretary
whose cash transactions have a high degree of usefulness in
criminal, tax, or regulatory matters.".
(b) IDENTIFICATION REQUIRED T O PURCHASE CERTAIN MONETARY
INSTRUMENTS OF $3,000 OR MORE.—Subchapter II of chapter 53 of
title 31, United States Code, is amended by adding at the end thereof
the following new section:
"§ 5325. Identification required to purchase certain monetary
instruments
"(a) I N GENERAL.—No financial institution may issue or sell a
bank check, cashier's check, traveler's check, or money order to any
individual in connection with a transaction or group of such contem-
poraneous transactions which involves United States coins or cur-
rency (or such other monetary instruments as the Secretary may
prescribe) in amounts or denominations of $3,000 or more unless—
"(1) the individual has a transaction account with such finan-
cial institution and the financial institution—
"(A) verifies that fact through a signature card or other
information maintained by such institution in connection
with the account of such individual; and
"(B) records the method of verification in accordance with Regulations.
regulations which the Secretary of the Treasury shall pre-
scribe; or
"(2) the individual furnishes the financial institution with Regulations.
such forms of identification as the Secretary of the Treasury
may require in regulations which the Secretary shall prescribe
and the financial institution verifies and records such informa-
tion in accordance with r^ulations which such Secretary shall
prescribe.
"(b) REPORT TO SECRETARY UPON REQUEST.—Any information re-
quired to be recorded by any financial institution under paragraph
(1) or (2) of subsection (a) shall be reported by such institution to the
Secretary of the Treasury a t the request of such Secretary.
"(c) TRANSACTION ACCOUNT DEFINED.—For purposes of this sec-
tion, the term 'transaction account' has the meaning given to such
term in section 19(bXlXC) of the Federal Reserve Act.'.
(c) SECRETARY AUTHORIZED TO REQUIRE RECORDKEEPING FOR
DOMESTIC COIN AND CURRENCY TRANSACTIONS.—Subchapter II of
chapter 53 of title 31, United States Code, is amended by inserting
after section 5325 (as added by subsection (b) of this section) the
following new section:
"§5326. Records of certain domestic coin and currency trans-
actions
"(a) IN GENERAL.—If the Secretary of the Treasury finds, upon the
Secretary's own initiative or at the request of an appropriate Fed-
eral or State law enforcement official, that reasonable grounds exist
for concluding that additional recordkeeping and reporting require-
ments a r e necessary to carry out the purposes of this subtitle and
prevent evasions thereof, the Secretary may issue an order requir-
ing any domestic financial institution or group of domestic financial
institutions in a geographic area—
"(1) to obtain such information as the Secretary may describe
in such order concerning—
102 STAT. 4356 PUBLIC LAW 100-690—NOV. 18, 1988
"(A) any transaction in which such financial institution is
involved for the payment, receipt, or transfer of United
States coins or currency (or such other monetary in-
struments as the Secretary may describe in such order) the
total amounts or denominations of which are equal to or
greater than an amount which the Secretary may prescribe;
and
"(B) any other person participating in such transaction;
"(2) to maintain a record of such information for such period
of time as the Secretary may require; and
Reports. "(3) to file a report with respect to any transaction described
in paragraph (1)(A) in the manner and to the extent specified in
the order.
"(b) MAXIMUM EFFECTIVE PERIOD FOR ORDER.—No order issued
under subsection (a) shall be effective for more than 60 days unless
renewed pursuant to the requirements of subsection (a).",
(d) REGULATIONS AND PENALTIES.—
(1) INSURED BANKS.—Section 21 of the Federal Deposit Insur-
ance Act (12 U.S.C. 1829b) is amended by adding at the end
thereof the following new subsection:
"(J) CIVIL PENALTIES.—
"(1) PENALTY IMPOSED.—Any insured bank and any director,
officer, or employee of an insured bank who willfully or through
gross negligence violates any regulation prescribed under
subsection (b) shall be liable to the United States for a civil
penalty of not more than $10,000.
"(2) TREATMENT OF CONTINUING VIOLATION.—A separate viola-
tion of any regulation prescribed under subsection (b) of this
section occurs for each day the violation continues and at each
office, branch, or place of business at which such violation
occurs.
"(3) ASSESSMENT.—Any penalty imposed under paragraph (1)
shall be assessed, mitigated, and collected in the manner pro-
vided in subsections (b) and (c) of section 5321 of title 31, United
States Code.".
(2) INSURED INSTITUTIONS.—Section 411 of the National Hous-
ing Act (12 U.S.C. 1730d) is amended—
(A) by striking out "The Secretary" and inserting in lieu
thereof "(a) REGULATIONS.—The Secretary"; and
(B) by adding at the end thereof the following new
subsection:
"(b) CIVIL PENALTIES.—
"(1) PENALTY IMPOSED.—Any insured institution and any
director, officer, or employee of an insured institution who
willfully or through gross negligence violates any regulation
prescribed under subsection (a) of this section shall be liable to
the United States for a civil penalty of not more than $10,000.
"(2) TREATMENT OF CONTINUING VIOLATION.—A separate viola-
tion of any regulation prescribed under subsection (a) of this
section occurs for each day the violation continues and at each
office, branch, or place of business at which such violation
occurs.
"(3) ASSESSMENT.—Any penalty imposed under paragraph (1)
shall be assessed, mitigated, and collected in the manner pro-
vided in subsections (b) and (c) of section 5321 of title 31, United
States Code.".
(3) OTHER FINANCIAL INSTITUTIONS.—
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4357
(A) INSTITUTIONS SUBJECT TO RECORDKEEPING REQUIRE-
MENT.—Section 123(b) of Public Law 91-508 (12 U.S.C.
1953(b)) is amended to read as follows:
"(b) INSTITUTIONS SUBJECT TO RECORDKEEPING REQUIREMENTS.—
The authority of the Secretary of the Treasury under subsection (a)
extends to any financial institution (as defined in section 5312(a)(2)
of title 31, United States Code), other than any insured bank (as
defined in section 3(h) of the Federal Deposit Insurance Act) and any
insured institution (as defined in section 401(a) of the National
Housing Act), and any partner, officer, director, or employee of any
such financial institution.".
(B) CIVIL PENALTIES.—Section 125(a) of Public Law 91-508
(12 U.S.C. 1955(a)) is amended—
(i) by striking out "$1,000" and inserting in lieu
thereof "$10,000^';
(ii) by inserting "or grossly negligent" after "willful";
and
"(iii) by inserting "or through gross negligence" after
"willfully".
(e) DELEGATION OF ENFORCEMENT POWER TO POSTAL SERVICE.—
Section 5318(aXl) of title 31, United States Code, is amended by
inserting "and the Postal Service" after "appropriate supervising
agency".
(0 CLERICAL AMENDMENT.—The table of sections for chapter 53 of
title 31, United States Code, is amended by adding at the end thereof
the following new items:
"5325. Identification required to purchase certain monetary instruments.
"5326. Records of certain domestic coin and currency transactions.".
(g) TECHNICAL CORRECTIONS.—
(1) Section 5312(aX5) of title 31, United States Code, is
amended—
(A) by inserting a comma after "Puerto Rico"; and
(B) by striking the second comma after "Pacific Islands".
(2) The first sentence of section 5321(aXl) of title 31, United
States Code, is amended by inserting "(if any)" after
"transaction".
SEC. 6186. RIGHT TO FINANCIAL PRIVACY ACT AMENDMENTS.
(a) CLARIFICATION OF RIGHT OF FINANCIAL INSTITUTIONS TO REPORT
SUSPECTED VIOLATIONS.—Section 1103(c) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3403(c)) is amended by inserting
", corporation," after "individual".
(b) TRANSFER BY GOVERNMENT AGENCY OF RECORDS TO ATTORNEY
GENERAL FOR CRIMINAL INVESTIGATION.—Section 1112 of the Right
to Financial Privacy Act of 1978 (12 U.S.C. 3412) is amended by
adding at the end thereof the following new subsection:
"(D TRANSFER TO ATTORNEY GENERAL.—
"(1) I N GENERAL.—Nothing in this title shall apply when
financial records obtained by an s^ency or department of the
United States are disclosed or transferred to the Attorney
General upon the certification by a supervisory level official of
the transferring agency or department that—
"(A) there is reason to believe that the records may be
relevant to a violation of Federal criminal law; and
"(B) the records were obtained in the exercise of the
agency's or department's supervisory or regulatory
functions.
102 STAT. 4358 PUBLIC LAW 100-690—NOV. 18, 1988
"(2) LIMITATION ON USE.—Records so transferred shall be used
only for criminal investigative or prosecutive purposes by the
Department of Justice and shall, upon completion of the inves-
tigation or prosecution (including any appeal), be returned only
to the transferring agency or department.".
(c) FINANCIAL RECORDS OF INSIDERS.—Section 1113 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3413) is amended by adding
at the end thereof the following new subsection:
"(1) CRIMES AGAINST FINANCIAL INSTITUTIONS BY INSIDERS.—Noth-
ing in this title shall apply when any financial institution or super-
visory agency provides any financial record of any officer, director,
employee, or controlling shareholder (within the meaning of
subparagraph (A) or (B) of section 2(aX2) of the Bank Holding
Company Act of 1956 or subparagraph (A) or (B) of section 408(aX2)
of the National Housing Act) of such institution, or of any major
borrower from such institution who there is reason to believe may
be acting in concert with any such officer, director, employee, or
controlling shareholder, to the Attorney General of the United
States, to a State law enforcement agency, or, in the case of a
possible violation of subchapter II of chapter 53 of title 31, United
States Code, to the Secretary of the Treasury if there is reason to
believe that such record is relevant to a possible violation by such
person of—
"(1) any law relating to crimes against financial institutions
or supervisory agencies by directors, officers, employees, or
controlling shareholders of, or by borrowers from, financial
institutions; or
"(2) any provision of subchapter II of chapter 53 of title 31,
United States Code.".
(d) GOOD FAITH AS A DEFENSE FROM LIABIUTY FOR DISCLOSURE OF
FINANCIAL RECORDS OF INSIDERS.—Section 1117(c) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3417(c)) is amended—
(1) by inserting "or pursuant to the provisions of section
1113(1)" after "certificate by any Government authority"; and
(2) by inserting before the period at the end thereof the
following: "under this title, the constitution of any State, or any
law or regulation of any State or any political subdivision of any
State".
(e) EXCEPTION TO REQUIREMENT OF ACTUAL PRESENTATION OF
FINANCIAL RECORDS TO GRAND JURY.—Section 1120(1) of the Right to
12 use 3420. Financial Privacy Act of 1978 (12 U.S.C. 1120(1)) is amended by
inserting before the semicolon "unless the volume of such records
makes such return and actual presentation impractical in which
case the grand jury shall be provided with a description of the
contents of the records.".
SEC. 6187. STUDY OF WITHDRAWAL OF LEGAL TENDER STATUS OF $100
FEDERAL RESERVE NOTES.
(a) STUDY REQUIRED.—The Secretary of the Treasury, in consulta-
tion with appropriate law enforcement agencies, shall conduct a
study of the feasibility of withdrawing the legal tender status of
$100 Federal Reserve notes.
(b) FACTORS TO B E CONSIDERED.—The study conducted pursuant to
subsection (a) by the Secretary of the Treasury shall include an
ansdysis of the following factors:
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4359
(1) Whether $100 Federal Reserve notes are being used
predominately for illegal activities, especially drug-related
transactions.
(2) Whether withdrawing the legal tender status of $100
Federal Reserve notes would help deter such illegal activities.
(3) Whether withdrawing the legal tender status of $100
Federal Reserve notes would impair legitimate business
transactions.
(4) Whether withdrawing the legal tender status of $50 Fed-
eral Reserve notes (in addition to the $100 notes) would result in
even greater deterrence of illegal activities.
(c) REPORT REQUIRED.—Before the end of the 180-day period begin-
ning on the date of the enactment of this Act, the Secretary of the
Tresisury shall submit a report to the Congress on the study con-
ducted pursuant to subsection (a).
Subtitle F—Sense of Congress That Proposals
To Legalize Illicit Drugs Should Be Rejected
SEC. 6201. SENSE OF CONGRESS THAT PROPOSALS TO LEGALIZE ILLICIT
DRUGS SHOULD BE REJECTED.
It is the sense of Congress that—
(1) proposals to combat sale and use of illicit drugs by legaliza-
tion should be rejected; and
(2) consideration should be given only to proposals to attack
directly the supply of, and demand for, illicit drugs, such as
proposals to strengthen and expand penalties for sale and use,
proposals to encourage greater multinational cooperation in
eradication and interdiction, and proposals to promote edu-
cational awareness programs for young people.
Subtitle G—Firearms Provisions
SEC. 62n. INTERDICnON OF SUPPLY OF FIREARMS TO DRUG TRAF-
FICKERS.
Section 924 of title 18, United States Code, is amended by adding
at the end the following:
"(f) Whoever, with the intent to engage in conduct which—
"(1) constitutes an offense listed in section 1961(1),
"(2) is punishable under the Controlled Substances Act (21
U.S.C. 802 et seq.), the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforce-
ment Act (46 U.S.C. App. 1901 et seq.),
"(3) violates any State law relating to any controlled sub-
stance (as defined in section 102(6) of the Controlled Substances
Act (21 U.S.C. 802(6))), or
"(4) constitutes a crime of violence (as defined in subsection
(cX3)),
travels from any State or foreign country into any other State and
acquires, transfers, or attempts to acquire or transfer, a firearm in
such other State in furtherance of such purpose, shall be imprisoned
not more than 10 years, fined in accordance with this title, or both.
"(g) Whoever knowingly transfers a firearm, knowing that such
firearm will be used to commit a crime of violence (as defined in
19-194 O—91—Part 5 12 : OL 3
102 STAT. 4360 PUBLIC LAW 100-690—NOV. 18, 1988
subsection (c)(3)) or drug trafficking crime (as defined in subsection
(c)(2)) shall be imprisoned not more than 10 years, fined in accord-
ance with this title, or both.".
SEC. 6212. CLARIFICATION OF DEFINITION OF DRUG TRAFFICKING
CRIMES IN WHICH USE OR CARRYING OF FIREARMS AND
ARMOR PIERCING AMMUNITION IS PROHIBITED.
Paragraph (2) of section 924(c) of title 18, United States Code, and
paragraph (2) of section 929(a) of title 18, United States Code, are
each amended to read as follows:
"(2) For purposes of this subsection, the term 'drug trafficking
crime' means any felony punishable under the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.), the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime
Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).".
18 u s e 922 note. SEC. 6213. IDENTIFICATION OF FELONS AND OTHER PERSONS INELI-
GIBLE TO PURCHASE HANDGUNS.
(a) IDENTIFICATION OF FELONS INEUGIBLE TO PURCHASE HAND-
GUNS.—The Attorney General shall develop a system for immediate
and accurate identification of felons who attempt to purchase 1 or
more firearms but are ineligible to purchase firearms by reason of
section 922(g)(1) of title 18, United States Code. The system shall be
accessible to dealers but only for the purpose of determining
whether a potential purchaser is a convicted felon. The Attorney
General shall establish a plan (including a cost analysis of the
proposed system) for implementation of the system. In developing
the system, the Attorney General shall consult with the Secretary of
the Treasury, other Federal, State, and local law enforcement offi-
cials with expertise in the area, and other experts. The Attorney
General shall begin implementation of the system 30 days after the
report to the Congress as provided in subsection Ot>).
(b) REPORT TO CONGRESS.—Not later than 1 year after the date of
the enactment of this Act, the Attorney General shall report to the
Congress a description of the system referred to in subsection (a) and
a plan (including a cost analysis of the proposed system) for im-
plementation of the system. Such report may include, if appropriate,
recommendations for modifications of the system and legislation
necessary in order to fully implement such system.
(c) ADDITIONAL STUDY OF OTHER PERSONS INEUGIBLE TO PURCHASE
FIREARMS.—The Attorney General in consultation with the Sec-
retary of the Treasury shall conduct a study to determine if an
effective method for immediate and accurate identification of other
persons who attempt to purchase 1 or more firearms but are ineli-
gible to purchase firearms by reason of section 922(g) of title 18,
United States Code. In conducting the study, the Attorney Greneral
shall consult with the Secretary of the Treasury, other Federal,
State, and local law enforcement officials with expertise in the area,
and other experts. Such study shall be completed within 18 months
after the date of the enactment of this Act and shall be submitted to
the Congress and made avgdlable to the public. Such study may
include, if appropriate, recommendations for legislation.
(d) DEFINITIONS.—As used in this section, the terms "firearm" and
"dealer" shall have the meanings given such terms in section 921(a)
of title 18, United States Code.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4361
SEC. 6214. REVOCATION OF PROBATION.
Section 3565 of title 18, United States Code, is amended—
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new subsec-
tion:
"(b) MANDATORY REVOCATION FOR POSSESSION OF A FIREARM.—If
the defendant is in actual possession of a firearm, as that term is
defined in section 921 of this title, at any time prior to the expira-
tion or termination of the term of probation, the court shall, after a
hearing pursuant to Rule 32.1 of the Federal Rules of Criminal
Procedure, revoke the sentence of probation and impose any other
sentence that was available under subchapter A at the time of the
initial sentencing.".
SEC. 6215. PROHIBITION AGAINST FIREARMS AND DANGEROUS WEAPONS
IN FEDERAL FACILITIES.
(a) IN GENERAL.—Chapter 44 of title 18, United States Code, is
amended by adding at the end the following new section:
"§ 930. Possession of flrearms and dangerous weapons in Federal
facilities
"(a) Except as provided in subsection (c), whoever knowingly
possesses or causes to be present a firearm or other dangerous
weapon in a Federal facility, or attempts to do so, shall be fined
under this title or imprisoned not more than 1 year, or both.
"(b) Whoever, with intent that a firearm or other dangerous
weapon be used in the commission of a crime, knowingly possesses
or causes to be present such firearm or dangerous weapon in a
Federal facility, or attempts to do so, shall be fined under this title
or imprisoned not more than 5 years, or both.
"(c) Subsection (a) shall not apply to—
"(1) the lawful performance of official duties by an officer,
agent, or employee of the United States, a State, or a political
subdivision thereof, who is authorized by law to engsige in or
supervise the prevention, detection, investigation, or prosecu-
tion of any violation of law;
"(2) the possession of a firearm or other dangerous weapon by
a Federal official or a member of the Armed Forces if such
possession is authorized by law; or
"(3) the lawful carrying of firearms or other dangerous weap-
ons in a Federal facility incident to hunting or other lawful
purposes.
"(d) Nothing in this section limits the power of a court of the
United States to punish for contempt or to promulgate rules or
orders regulating, restricting, or prohibiting the possession of weap-
ons within any building housing such court or any of its proceedings,
or upon any grounds appurtenant to such building.
"(e) As used in this section:
"(1) The term 'Federal facility' means a building or part
thereof owned or leased by the Federal Government, where
Federal employees are regularly present for the purpose of
performing their official duties.
"(2) The term 'dangerous weapon' means a weapon, device,
instrument, material, or substance, animate or inanimate, that
is used for, or is readily capable of, causing death or serious
bodily injury, except that such term does not include a pocket
knife with a blade of less than ^Vt. inches in length.
102 STAT. 4362 PUBLIC LAW 100-690—NOV. 18, 1988
"(f) Notice of the provisions of subsections (a) and (b) shall be
posted conspicuously at each public entrance to each Federal facil-
ity, and no person shall be convicted of an offense under subsection
(a) with respect to a Federal facility if such notice is not so posted at
such facility, unless such person had actual notice of subsection
(a).".
(b) CLERICAL AMENDMENT.—The table of sections for chapter 44 of
title 18, United States Code, is amended by adding at the end the
following new item:
"930. Possession of firearms and dangerous weapons in Federal facilities.".
Subtitle H—Investigative Powers of Postal
Service Personnel and National Forest
System Drug Control
SEC. 6251. INVESTIGATIVE POWERS OF POSTAL SERVICE PERSONNEL.
(a) IN GENERAL.—Section 3061 of title 18, United States Code, is
amended to read £is follows:
"§ 3061. Investigative powers of Postal Service personnel
"(a) Subject to subsection Ot)) of this section, Postal Inspectors and
other agents of the United Sta:9s Postal Service designated by the
Board of Governors to investigate criminal matters related to the
Postal Service and the mails may—
"(1) serve warrants and subpoenas issued under the authority
of the United States;
"(2) make arrests without warrant for offenses against the
United States committed in their presence;
"(3) make arrests without warrant for felonies cognizable
under the laws of the United States if they have reasonable
grounds to believe that the person to be arrested has committed
or is committing such a felony;
"(4) carry firearms; and
"(5) make seizures of property as provided by law.
"03) The powers granted by subsection (a) of this section shall be
exercised only—
"(1) in the enforcement of laws regarding property in the
custody of the Postal Service, property of the Postal Service, the
use of the mails, and other postal offenses; and
"(2) to the extent authorized by the Attorney General pursu-
ant to £igreement between the Attorney General and the Postal
Service, in the enforcement of other laws of the United States, if
the Attorney General determines that violations of such laws
have a detrimental effect upon the operations of the Postal
Service.".
(b) CLERICAL AMENDMENT.—The item relating to section 3061 in
the table of sections of chapter 203 of title 18, United States Code, is
amended to read as follows:
"3061. Investigative powers of Postal Service personnel.".
SEC. 6252. POSTAL SERVICE FUND AMENDMENTS.
Section 2003(bX7) of title 39, United States Code, is amended—
(1) by striking out "administrative"; and
(2) by striking out "under title 18".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4363
SEC. 6253. CIVIL FORFEITURE AUTHORITY OF THE POSTAL SERVICE
UNDER THE CONTROLLED SUBSTANCES ACT.
(a) IN GENERAL.—Section 511 of the Controlled Substances Act (21
U.S.C. 881), as amended by section 6159, is further amended by
adding at the end the following new subsection:
"(1) The functions of the Attorney General under this section shall
be carried out by the Postal Service pursuant to such agreement as
may be entered into between the Attorney General and the Postal
Service.".
(b) DEPOSITS OF PROCEEDS IN POSTAL SERVICE FUND.—Section
511(e)(2)(B) of the Controlled Substances Act (21 U.S.C. 881(e)(2)(B)) is
amended by striking out the period at the end and inserting in lieu
thereof the following: ", except that, with respect to forfeitures
conducted by the Postal Service, the Postal Service shall deposit in
the Postal Service Fund, under section 2003(b)(7) of title 39, United
States Code, such moneys and proceeds.".
SEC. 6254. NATIONAL FOREST SYSTEM. NATIONAL PARK SYSTEM. AND
BUREAU OF LAND MANAGEMENT PUBLIC LANDS SAFETY.
(a) FINDINGS.—Congress finds that— 16 use 559b
(1) National Forest System lands continue to be a haven for note.
the unlawful production of marijuana and other controlled
substances, which—
(A) endangers the public in its use of National Forest
System lands;
(B) interferes with the ability of the Forest Service to
effectively manage the natural resources and activities
within the National Forest System; and
(C) causes damage and destruction of the natural re-
sources and facilities managed by the Forest Service;
(2) the unlawful production of marijuana and other controlled
substances often—
(A) is generally harmful to the environment and public
health and safety;
(B) pollutes the air, soil, and water; and
(C) is harmful to wildlife;
(3) the Forest Service needs additional authority to ade-
quately deal with the problem of controlled substance produc-
tion that affects the administration of the National Forest
System;
(4) the Forest Service needs to be able to exercise its investiga-
tive authorities outside the boundaries of the National Forest
System for drug-related crimes arising from within the National
Forest System in order to be effective in deterring such crime;
(5) the authority and powers of the Forest Service are not
intended to be in conflict or interfere with the statutory author-
ity, powers, or responsibilities of any State or political subdivi-
sion thereof; and
(6) the Forest Service, in the exercise of its law enforcement
powers, should cooperate to every extent possible with any
other Federal, State, or local law enforcement authority having
jurisdiction in areas where national forests are located, particu-
larly where coordinated investigative and enforcement actions
can be effective to control crime which affects multiple
agencies.
Ob) POWERS.—Section 15003 of the National Forest System Drug
Control Act of 1986 (16 U.S.C. 559c) is amended—
102 STAT. 4364 PUBLIC LAW 100-690—NOV. 18, 1988
(1) in the matter preceding paragraph (1)—
(A) by striking out "500 officers and employees" and
inserting in lieu thereof "1,000 special agents and law
enforcement officers"; and
(B) by striking out "within the boundaries of the National
Forest System";
(2) in paragraph (2)—
(A) by inserting after "conduct" the following: ", within
the exterior boundaries of the National Forest System,";
and
(B) by inserting before the semicolon at the end thereof
the following: "and to conduct such investigations and
enforcement of such laws outside the exterior boundaries of
the National Forest System for offenses committed within
the National Forest System or which affect the administra-
tion of the National Forest System (including the pursuit of
persons suspected of such offenses who flee the National
Forest System to avoid arrest)"; and
(3) in paragraph (3), by inserting before the semicolon at the
end thereof the following: ", for offenses committed within the
National Forest System or which affect the administration of
the National Forest System;".
(c) COOPERATION.—Section 15004 of the National Forest System
Drug Control Act of 1986 (16 U.S.C. 559d) is amended—
(1) in paragraph (1), by striking out "and" at the end thereof;
(2) in paragraph (2), by striking out ", within the boundaries
of the National Forest System." and inserting in lieu thereof
"for offenses committed within the National Forest System or
which affect the administration of the National Forest
System."; and
(3) by adding at the end thereof the following new paragraphs:
"(3) the Forest Service shall cooperate with the Attorney
General in carrying out the seizure and forfeiture provisions of
section 511 of the Controlled Substances Act (21 U.S.C. 881) for
violations of the C!ontrolled Substances Act relating to offenses
committed within the National Forest System, or which affect
the administration of the National Forest System;
"(4) the Secretary is authorized to designate law enforcement
officers of any other Federal agency, when the Secretary deter-
mines such designation to be economical and in the public
interest, and with the concurrence of that agency, to exercise
the powers and authorities of the Forest Service while assisting
the Forest Service in the National Forest System, or for activi-
ties administered by the Forest Service; and
"(5) the Forest Service is authorized to accept law enforce-
ment designation from any other Federal agency or agency of a
State or political subdivision thereof for the purpose of cooperat-
ing in a multi-agency law enforcement task force investigation
of violations of the Controlled Substances Act and other offenses
committed in the course of or in connection with such
violations.".
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) NATIONAL FOREST SYSTEM.—Section 15006 of title XV of the
Anti-Drug Abuse Act of 1986 (16 U.S.C. 559e) is amended to read
as follows:
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4365
"SEC. 15006. FOREST SERVICE AUTHORIZATION. 16 USC 559e.
"In order to improve Federal law enforcement activities relating
to the use and production of narcotics and controlled substances on
lands administered by the Forest Service, from amounts appro-
priated there shall be made available to the Secretary, in addition to
sums made available under other authority of law, $10,000,000 for
fiscal year 1989, and for each fiscal year thereafter, to be used for
employment and training of additional and existing Forest Service
law enforcement personnel, for expenses related to such employ-
ment, training, equipment, and facilities, and for cooperative pro-
grams with State and local law enforcement agencies.".
(2) NATIONAL PARK SERVICE POUCE.—Section 5052 of title V of
the Anti-Drug Abuse Act of 1986 (16 U.S.C. 1 note) is amended
to read as follows:
"SEC. 5052. N A T I O N A L PARK AUTHORIZATION.
"In order to improve Federal law enforcement activities relating
to the use and production of narcotics and controlled substances in
National Park System units, from amounts appropriated there shall
be made available to the Secretary of the Interior, in addition to
sums made available under other authority of law, $3,000,000 for
fiscal year 1989, and for each fiscal year thereafter, to be used for
the employment and training of officers or employees of the Depart-
ment of the Interior designated pursuant to section lOOt)) of the Act
of August 18,1970 (16 U.S.C. la-6), for equipment and facilities to be
used by such personnel, and for expenses related to such employ-
ment, training, equipment, and facilities.".
(3) BUREAU OF LAND MANAGEMENT.—Title V of the Anti-Drug
Abuse Act of 1986 is amended by adding at the end thereof the
following new subtitle:
"Subtitle C—Bureau of Land Management Program Bureau of Land
Management
"SEC. .5061. SHORT TITLE. Drug
Enforcement
"This subtitle may be cited as the 'Bureau of Land Management Supplemental
Drug Enforcement Supplemental Authority Act'. Authority Act.
43 USC 2 note.
"SEC. 5062. BUREAU OF LAND MANAGEMENT AUTHORIZATION.
"In order to improve Federal law enforcement activities relating
to the use and production of narcotics and controlled substances on
Bureau of Land Management public lands, from amounts appro-
priated there are made available to the Secretary of the Interior, in
addition to sums made available under other authority of law,
$1,500,000 for fiscal year 1989, and for each fiscal year thereafter, to
be used for the employment and training of additional and existing
personnel, for equipment and facilities to be used by such personnel,
and for expenses related to such employment, training, equipment,
and facilities.".
(e) DESIGNATION OF AUTHORITY.—The National Forest System
Drug Control Act of 1986 is amended by inserting after section 15007
(16 U.S.C. 559f) the following new section:
"SEC. 15008. DESIGNATION AUTHORITY OF SECRETARY OF AGRICULTURE. 16 USC 559g.
"(a) PURPOSE.—It is the purpose of this section to authorize the
Secretary of Agriculture to make law enforcement operations more
efficient in connection with the administration and use of the
National Forest System.
102 STAT. 4366 PUBLIC LAW 100-690—NOV. 18, 1988
"(b) OFFICERS OF OTHER AGENCIES.—The Secretary is authorized to
designate law enforcement officers of any other Federal agency,
when the Secretary determines such designation to be economical
and in the public interest, and with the concurrence of that agency,
to exercise the powers and authorities of the Forest Service while
assisting the Forest Service in the National Forest System, or for
activities administered by the Forest Service.
"(c) ACCEPTANCE BY FOREST SERVICE.—The Forest Service is au-
thorized to accept law enforcement designation from any other
Federal agency or agency of a State or political subdivision thereof
for the purpose of cooperating in the investigation and enforcement
of any Federal or State law or ordinance and regulation of any such
agency, when such investigation or enforcement is mutually bene-
ficial to the National Forest System and the cooperating agency or
jurisdiction, upon entering into a memorandum of understanding or
cooperative agreement with such agency or jurisdiction.".
(f) CRIMINAL PENALTY FOR PLACING HAZARDOUS OR INJURIOUS
DEVICES ON FEDERAL LANDS.—Chapter 91 of title 18, United States
Code, is amended by adding at the end the following new section:
"§ 1864. Hazardous or injurious devices on Federal lands
"(a) Whoever—
"(1) with the intent to violate the Controlled Substances Act,
"(2) with the intent to obstruct or harass the harvesting of
timber, or
"(3) with reckless disregard to the risk that another person
will be placed in danger of death or bodily injury and under
circumstances manifesting extreme indifference to such risk,
uses a hazardous or injurious device on Federal land, on an Indian
reservation, or on an Indian allotment while the title to such
allotment is held in trust by the United States or while such
allotment remains inalienable by the allottee without the consent of
the United States shall be punished under subsection (b).
"(b) An individual who violates subsection (a) shall—
"(1) if death of an individual results, be fined under this title
or imprisoned for any term of years or for life, or both;
"(2) if serious bodily injury to any individual results, be fined
under this title or imprisoned for not more than twenty years,
or both;
"(3) if bodily injury to any individual results, be fined under
this title or imprisoned for not more than ten years, or both;
"(4) if damage exceeding $10,000 to the property of any
individual results, be fined under this title or imprisoned for not
more than ten years, or both; and
"(5) in any other case, be fined under this title or imprisoned
for not more than one year.
"(c) Any individual who is punished under subsection Ot))(3), (4), or
(5) after one or more prior convictions under any such subsection
shall be fined under this title or imprisoned for not more than ten
years, or both.
"(d) As used in this section—
"(1) the term 'serious bodily injury' means bodily injury
which involves—
"(A) a substantial risk of death;
"(B) extreme physical pain;
"(C) protracted and obvious disfigurement; and
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4367
"(D) protracted loss or impairment of the function of
bodily member, organ, or mental faculty; and
"(2) the term 'bodily injury' means—
"(A) a cut, abrasion, bruise, burn, or disfigurement;
"(B) physical pain;
"(C) illness;
"(D) impairment of the function of a bodily member,
organ, or mental faculty; or
"(E) any other injury to the body, no matter how tem-
porary.
"(3) the term 'hazardous or injurious device' means a device,
which when assembled or placed, is capable of causing bodily
injury, or damage to property, by the action of any person
making contact with such device subsequent to the assembly or
placement. Such term includes guns attached to trip wires or
other triggering mechanisms, ammunition attached to trip
wires or other triggering mechanisms, or explosive devices at-
tached to trip wires or other triggering mechanisms, sharpened
stakes, lines or wires, lines or wires with hooks attached, nails
placed so that the sharpened ends are positioned in an upright
manner, or tree spiking devices including spikes, nails, or other
objects hammered, driven, fastened, or otherwise placed into or
on any timber, whether or not severed from the stump.",
(g) CLERICAL AMENDMENT.—The table of sections for chapter 91 of
title 18, United States Code, is amended by adding at the end the
following new item:
"1864. Hazardous or injurious devices on Federal lands.".
(h) CRIMINAL PENALTY FOR POLLUTING FEDERAL LANDS.—Section
401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended
by adding at the end the following new paragraph:
"(6) Any person who violates subsection (a), or attempts to do
so, and knowingly or intentionally uses a poison, chemical, or
other hazardous substance on Federal land, and, by such use—
"(A) creates a serious hazard to humans, wildlife, or
domestic animals,
"(B) degrades or harms the environment or natural re-
sources, or
"(C) pollutes an aquifer, spring, stream, river, or body of
water,
shall be fined in accordance with title 18, United States Code, or
imprisoned not more than five years, or both.".
(i) DRUG POLLUTION FUND.—Section 516 of the Controlled Sub-
stances Act (21 U.S.C. 886) is amended by adding at the end the
following new subsection:
"(d)(1) There is established in the Treasury a trust fund to be
known as the 'Drug Pollution Fund' (hereinafter referred to in this
subsection as the 'Fund'), consisting of amounts appropriated or
credited to such Fund under section 401(bX6).
"(2) There are hereby appropriated to the Fund amounts equiva-
lent to the fines imposed under section 401(b)(6).
"(3) Amounts in the Fund shall be available, as provided in
appropriations Acts, for the purpose of making payments in accord-
ance with paragraph (4) for the clean up of certain pollution result-
ing from the actions referred to in section 401(bX6).
(4XA) The Secretary of the Treasury, after consultation with the
Attorney General, shall make payments under paragraph (3), in
102 STAT. 4368 PUBLIC LAW 100-690—NOV. 18, 1988
such amounts as the Secretary determines appropriate, to the heads
of executive agencies or departments that meet the requirements of
subparagraph (B).
"(B) In order to receive a payment under paragraph (3), the head
of an executive agency or department shall submit an application in
such form and containing such information as the Secretary of the
Treasury shall by regulation require. Such application shall contain
a description of the fine imposed under section 401(b)(6), the cir-
cumstances surrounding the imposition of such fine, and the type
and severity of pollution that resulted from the actions to which
such fine applies.
"(5) For purposes of subchapter B of chapter 98 of the Internal
Revenue Code of 1986, the Fund established under this paragraph
shall be treated in the same manner as a trust fund established
under subchapter A of such chapter.".
(j) ARSON INVOLVING TIMBER.—The first undesignated paragraph
of section 1855 of title 18, United States Code, is amended by
striking out "not more than $5,000" and inserting in lieu thereof
"under this title".
(k) REPORT.—Not later than 180 days after the date of the enact-
ment of this Act, the Attorney General and the Secretary of Agri-
culture shall each prepare and submit, to the Committee on
Agriculture, the Committee on Interior and Insular Affairs, and the
Committee on the Judiciary of the House of Representatives, and to
the Committee on Agriculture, Nutrition, and Forestry, the Commit-
tee on Energy and Natural Resources, and the Committee on the
Judiciary of the Senate, a report concerning the activities of the
Attorney Gteneral and the S«;retary of Agriculture in expediting
investigations referred to in section 15003(2) of the National Forest
Systems Drug Control Act of 1986 (16 U.S.C. 559c(2)).
Subtitle I—Travel Expenses and Health Care
of Department of Justice Personnel Serving
Abroad
SEC. 6281. AUTHORIZATION OF APPROPRIATIONS FOR TRAVEL AND RE-
LATED EXPENSES AND FOR HEALTH CARE OF DEPARTMENT
OF JUSTICE PERSONNEL SERVIN« ABROAD.
(a) I N GENERAL.—Chapter 31 of title 28, United States Code, is
amended by adding at the end the following new section:
'*§530A. Authorization of appropriations for travel and related
expenses and for health care of personnel serving
abroad
"There are authorized to be appropriated, for any fiscal year, for
the Department of Justice, such sums as may be necessary—
"(1) for travel and related expenses of employees of the
Department of Justice serving abroad and their families, to be
payable in the same manner as applicable with respect to the
Foreign Service under paragraphs (3), (5), (6), (8), (9), (11), and
(15) of section 901 of the Foreign Service Act of 1980, and under
the regulations issued by the Secretary of State; and
"(2) for health care for such emplovees and families, to be
provided under section 904 of that Act.'.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4369
(b) CLERICAL AMENDMENT.—The table of section for chapter 31 of
title 28, United States Code, is amended by adding at the end the
following new item:
"530A. Authorization of appropriations for travel and related expenses and for
health care of personnel serving abroad.".
Subtitle J—Program-Related and Study
Provisions
SEC. 6291. ENHANCEMENT OF THE DRUG AFTERCARE PROGRAM OF THE
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.
Section 4(a) of the Contract Services for Drug Dependent Federal
Offenders Act of 1978 (18 U.S.C. 4255 note) is amended by—
(1) striking out "$14,000,000" and inserting "$24,000,000" in
lieu thereof, and
(2) striking out "$16,000,000" and inserting "$26,000,000" in
lieu thereof.
SEC. 6292. NATIONAL TRAINING CENTER FOR PRISON DRUG REHABILITA- 18 USC 4352
TION PROGRAM PERSONNEL. note.
(a) IN GENERAL.—The Director of the National Institute of Correc-
tions, in consultation with persons with expertise in the field of
community-based drug rehabilitation, shall establish and operate, at
any suitable location, a national training center (hereinafter in this
section referred to as the "center") for training Federal, State, and
local prison or jail officials to conduct drug rehabilitation programs
for criminals convicted of drug-related crimes and for drug-depend-
ent criminals. Programs conducted at the center shall include train-
ing for correctional officers, administrative staff, and correctional
mental health professionals (including subcontracting agency
personnel).
(h) DESIGN AND CONSTRUCTION OF FACIUTIES.—The Director of the
National Institute of Corrections shall design and construct facilities
for the center.
(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts
otherwise authorized to be appropriated with respect to the Na-
tional Institute of Corrections, there are authorized to be appro-
priated to the Director of the National Institute of Corrections—
(1) for establishment and operation of the center, for curricu-
lum development for the center, and for salaries and expenses
of personnel at the center, not more than $4,000,000 for each of
fiscal years 1989,1990, and 1991; and
(2) for design and construction of facilities for the center, not
more than $10,000,000 for fiscal years 1989, 1990, and 1991.
SEC. 6293. STUDY OF ALTERNATIVE JUDICIAL SYSTEM.
The Attorney General shall study the feasibility of prosecuting
Federal drug-related offenses in a manner alternative or supple-
mental to the current criminal justice system. The Attorney Gen-
eral shall report the results of such study to Congress not later than
180 days after the date of the enactment of this Act.
102 STAT. 4370 PUBLIC LAW 100-690—NOV. 18, 1988
Subtitle K—Manufacturing Offenses
SEC. 6301. CRIMINAL PENALTY FOR ENDANGERING HUMAN LIFE WHILE
ILLEGALLY MANUFACTURING A CONTROLLED SUBSTANCE.
(a) IN GENERAL.—Part D of the Controlled Substances Act is
amended by adding at the end the following new section:
" E N D A N G E R I N G HUMAN UFE WHILE ILLEGALLY MANUFACTURING A
CONTROLLED SUBSTANCE
21 use 858. "SEC. 417. Whoever, while manufacturing a controlled substance
in violation of this title, or attempting to do so, or transporting or
causing to be transported materials, including chemicals, to do so,
creates a substantial risk of harm to human life shall be fined in
accordance with title 18, United States Code, or imprisoned not
more than 10 years, or both.".
(b) CLERICAL AMENDMENT.—The table of contents of the Com-
prehensive Drug Abuse Prevention and Control Act of 1970 is
amended by adding at the end of the items relating to part D of title
II the following new items:
"416. Establishment of manufacturing operations.
"417. Endangering human life while illegally manufacturing a controlled
substance.'.
Subtitle L—Serious Crack Possession Offenses
SEC. 6371. INCREASED PENALTIES FOR CERTAIN SERIOUS CRACK
POSSESSION OFFENSES.
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is
amended by inserting after the second sentence the following new
sentence: ' Notwithstanding the preceding sentence, a person con-
victed under this subsection for the possession of a mixture or
substance which contains cocaine base shall be fined under title 18,
United States Code, or imprisoned not less than 5 years and not
more than 20 years, or both, if the conviction is a first conviction
under this subsection and the amount of the mixture or substance
exceeds 5 grams, if the conviction is after a prior conviction for the
possession of such a mixture or substance under this subsection
becomes final and the amount of the mixture or substance exceeds 3
grams, or if the conviction is after 2 or more prior convictions for the
possession of such a mixture or substance under this subsection
become final and the amount of the mixture or substance exceeds 1
gram.".
Subtitle M—Miscellaneous Drug Enforcement
5 u s e 5541 note. SEC. 6401. PAYMENT OF BONUSES FOR FOREIGN LANGUAGE CAPABILI-
TIES.
Notwithstanding any other provision of law, the Drug Enforce-
ment Administration and the Federal Bureau of Investigation are
authorized on and after October 1, 1988, to pay bonuses up to 25
percent of base pay to employees of the Drug Enforcement Adminis-
tration and the Federal Bureau of Investigation who possess and
make substantial use of one or more languages, other than English,
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4371
in the performance of their official duties. The Administrator of the
Drug Enforcement Administration and the Director of the Federal
Bureau of Investigation shall develop such policies as necessary to
implement the payment of these bonuses.
Subtitle N—Sundry Criminal Provisions
SEC. 6451. VIOLENT FELONIES BY JUVENILES.
Section 924(e) of title 18, United States Code, is amended—
(1) in paragraph (eX2XB), by inserting ", or any act of juvenile
delinquency involving the use or carrying of a firearm, knife, or
destructive device that would be punishable by imprisonment
for such term if committed by an adult," after "one year"; and
(2) by adding at the end thereof the following:
"(C) the term 'conviction' includes a finding that a person
has committed an act of juvenile delinquency involving a
violent felony,".
SEC. 6452. LIFE IN PRISON FOR THREE-TIME DRUG OFFENDER
(a) PENALTY FOR THIRD OFFENSE.—Section 401(b)(1)(A) of the Con-
trolled Substances Act (21 U.S.C. 841(bXlXA)) is amended—
(1) in the sentence 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"; and
(2) adding after such sentence the following: "If any person
commits a violation of this subparagraph or of section 405,
405A, or 405B after two or more prior convictions for a felony
drug offense have become final, such person shall be sentenced
to a mandatory term of life imprisonment without release and
fined in accordance with the preceding sentence. For purposes
of this subparagraph, the term 'felony drug offense' means an
offense that is a felony under any provision of this title or any
other Federal law that prohibits or restricts conduct relating to
narcotic drugs, marihuana, or depressant or stimulant sub-
stances or a felony under any law of a State or a foreign country
that prohibits or restricts conduct relating to narcotic drugs,
marihuana, or depressant or stimulant substances.".
(b) CONFORMING AMENDMENTS.—(1) Sections 405(b), 405A(b) and
405B(c) of the ControUed Substances Act (21 U.S.C. 845(b), 845a(b),
and 845b(c)) are amended—
(A) by striking "a prior conviction or convictions" and insert-
ing "a prior conviction", and
(B) by inserting at the end thereof the following: "Penalties
for third and subsequent convictions shall be governed by sec-
tion 40ia)XlXA).".
(2) Section 4050)) of the ControUed Substances Act (21 U.S.C.
845(b)) is amended by striking "or subsequent" from the caption.
SEC. 6453. PENALTIES FOR IMPORTATION BY AIRCRAFT AND OTHER 28 USC 994 note.
VESSELS.
(a) IN GENERAL.—Pursuant to its authority under section 994(p) of
title 28, United States C!ode, and section 21 of the Sentencing Act of
1987, the United States Sentencing Commission shall promulgate
guidelines, or shall amend existing guidelines, to provide that a
defendant convicted of violating section lOlCKa) of the Controlled
102 STAT. 4372 PUBLIC LAW 100-690—NOV. 18, 1988
Substances Import and Export Act (21 U.S.C. 960(a)) under cir-
cumstances in which—
(1) an aircraft other than a regularly scheduled commercial
air carrier was used to import the controlled substance; or
(2) the defendant acted as a pilot, copilot, captain, navigator,
flight officer, or any other operation officer aboard any craft or
vessel carrying a controlled substance,
shall be assigned an offense level under chapter 2 of the sentencing
guidelines that is—
(A) two levels greater than the level that would have been
assigned had the offense not been committed under cir-
cumstances set forth in (A) or (B) above; and
(B) in no event less than level 26.
(b) EFFECT OF AMENDMENT.—If the sentencing guidelines are
amended after the effective date of this section, the Sentencing
Commission shall implement the instruction set forth in subsection
(a) so as to achieve a comparable result.
28 u s e 994 note. SEC. 6454. ENHANCED PENALTIES FOR OFFENSES INVOLVING CHILDREN.
(a) IN GENERAL.—Pursuant to its authority under section 994(p) of
title 28, United States Code, and section 21 of the Sentencing Act of
1987, the United States Sentencing Commission shall promulgate
guidelines, or shall amend existing guidelines, to provide that a
defendant convicted of violating sections 405, 405A, or 405B of the
Controlled Substances Act (21 U.S.C. 845, 845a or 845b) involving a
person under 18 years of age shall be assigned an offense level under
chapter 2 of the sentencing guidelines that is—
(1) two levels greater than the level that would have been
assigned for the underlying controlled substance offense; and
(2) in no event less than level 26.
(b) EFFECTS OF AMENDMENT.—If the sentencing guidelines are
amended after the effective date of this section, the Sentencing
Commission shall implement the instruction set forth in subsection
(a) so as to achieve a comparable result.
(c) MULTIPLE ENHANCEMENTS.—The guidelines referred to in
subsection (a), as promulgated or amended under such subsection,
shall provide that an offense that could be subject to multiple
enhancements pursuant to such subsection is subject to not more
than one such enhancement.
SEC. 6455. EXCEPTION TO MANDATORY MINIMUM PENALTY FOR FIRST
OFFENSE.
Section 405(a) of the Controlled Substances Act (21 U.S.C. 845(a)) is
amended by inserting at the end the following: "The mandatory
minimum sentencing provisions of this subsection shall not apply to
offenses involving 5 grams or less of marihuana.".
SEC. 6456. ELIMINATION OF EXCEPTION TO MANDATORY MINIMUM FOR
SECOND OFFENSES.
Section 405(b) of the Controlled Substances Act (21 U.S.C. 845(b)) is
amended by striking "The mandatory minimum sentencing provi-
sions of this paragraph shall not apply to offenses involving 5 grams
or less of marihuana.".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4373
SEC. 6457. POSSESSION WITH INTENT TO DISTRIBUTE WITHIN 1,000 FEET
OF A SCHOOLYARD.
Sections 405A (a) and (b) of the Controlled Substances Act (21
U.S.C. 845a (a) and (b)) are amended by inserting ", possessing with
intent to distribute," after "distributing".
SEC. 6458. PLAYGROUNDS, YOUTH CENTERS, SWIMMING POOLS AND
VIDEO ARCADES.
(a) Sections 405A (a) and (b) of the Controlled Substances Act (21
U.S.C. 845a (a) and (b)) are amended by inserting ", or within 100
feet of a playground, public or private youth center, public swim-
ming pool, or video arcade facility," after "university".
(b) Section 405A of the Controlled Substances Act (21 U.S.C. 845a)
is amended by adding at the end thereof the following subsection:
"(d) For the purposes of this section—
"(1) The term 'playground' means any outdoor facility (includ-
— ing any parking lot appurtenant thereto) intended for recre-
ation, open to the public, and with any portion thereof contain-
ing three or more separate apparatus intended for the recre-
ation of children including, but not limited to, sliding boards,
swingsets, and teeterboards.
"(2) The term 'youth center' means any recreational facility
and/or gjrmnasium (including any parking lot appurtenant
thereto), intended primarily for use by persons under 18 years
of age, which regularly provides athletic, civic, or cultural
activities.
"(3) The term 'video arcade facility' means any facility,
legally accessible to persons under 18 years of age, intended
primarily for the use of pinball and video machines for amuse-
ment containing a minimum of ten pinball and/or video
machines.
"(4) The term 'swimming pool' includes any parking lot
appurtenant thereto.".
SEC. 6459. APPLICATION OF MANDATORY MINIMUM PENALTIES TO PUR-
CHASE OF CONTROLLED SUBSTANCES FROM MINORS.
Section 405b(a) of the Controlled Substances Act (21 U.S.C.
845b(a)) is amended by—
(1) striking "or after the semicolon in paragraph (1);
(2) striking the period at the end of paragraph (2) and insert-
ing "; or"; and
(3) adding at the end thereof the following:
"(3) receive a controlled substance from a person under 18
years of age, other than an immediate family member, in
violation of this title or title IIL".
SEC. 6460. ENHANCED PENALTIES FOR USE OF CERTAIN WEAPONS IN
CONNECTION WITH A CRIME OF VIOLENCE OR DRUG
TRAFFICKING CRIME.
Subsection (cXD of section 924 of title 18, United States Code, is
amended—
(1) in the first sentence, by striking "ten years" and inserting
"thirty years"; and
(2) in the second sentence—
(A) by striking "ten years" and inserting "twenty years";
and
102 STAT. 4374 PUBLIC LAW 100-690—NOV. 18, 1988
(B) by striking "20 years" and inserting "life imprison-
ment without release".
SEC. 6461. INCLUSION OF FEDERAL FIREARMS VIOLATIONS AS PREDl-
CATE WIRETAP OFFENSES.
Section 2516(1) of title 18, United States Code, is amended by
adding at the end thereof the following:
"(m) any felony violation of sections 922 and 924 of title 18,
United States Code (relating to firearms); and
"(n) any violation of section 5861 of the Internal Revenue
Code of 1986 (relating to firearms).".
SEC. 6462. INCREASED PENALTIES FOR CERTAIN FIREARMS OFFENSES.
Section 924(a) of title 18, United States Code, is amended by—
(1) inserting "or 3 " after "paragraph 2" in paragraph (1);
(2) striking out "(g), (i), (j)," in subparagraph (aXlXB);
(3) redesignating sul^ection (aX2) as subsection (aX3); and
(4) inserting a new subsection (aX2) to read as follows:
"(2) Whoever knowingly violates subsections (d), (g), (h), (i), (j), or
(o) of section 922 shall be fined as provided in this title, imprisoned
not more than 10 years or both.".
SEC. 6463. MONEY LAUNDERING FORFEITURES.
(a) CrviL FORFEITURE.—Section 981(aXl) of title 18, United States
Code, is amended—
(1) by striking out subparagraph (A) and inserting in lieu
thereof the following:
Real property. "(A) Any property, real or personal, involved in a trans-
action or attempted transaction in violation of section
5313(a) or 5324 of title 31, or of section 1956 or 1957 of this
title, or any property traceable to such property. However,
no property shall be seized or forfeited in the case of a
t ;i violation of section 5313(a) of title 31 by a domestic financial
institution examined by a Federal bank supervisory agency
, or a financial institution r ^ u l a t e d by the Securities and
Exchange Commission or a partner, director, or employee
thereof. ; and
(2) by striking out subparagraph (C).
(b) CONFORMING AMENDMENT.—Section 981 Ot)) of title 18, United
States Code, is amended by striking out "involved in a violation of
section 1956 or 1957 of this title investigated by the Secretary of the
Treasury, and any property subject to forfeiture under subsection
(aXlXO of this section" and inserting in lieu thereof "involved in a
violation of section 5313(a) or 5324 of title 31 or of section 1956 or
1957 of this title investigated by the Secretary of the Treasury".
(c) CRIMINAL FORFEITURE.—Section 982(a) of title 18, United States
Code, is amended to read as follows:
"(a) The court, in imposing sentence on a person convicted of an
offense in violation of section 5313(a) or 5324 of title 31, or of section
1956 or 1957 of this title, shall order that the person forfeit to the
United States any property, real or personal, involved in such
offense, or any property traceable to such property. However, no
property shall be seized or forfeited in the case of a violation of
section 5313(a) of title 31 by a domestic financial institution exam-
ined by a Federal bank supervisory agency or a financial institution
regulated by the Securities and Exchange Commission or a partner,
director,, or employee thereof.".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4375
SEC. 6464. FORFEITURE OF SUBSTITUTE ASSETS FOR MONEY LAUNDER-
ING OFFENSE.
Section 9820b) of title 18, United States Code, is amended—
(1) by striking "(o)" both places it appears, and inserting "(p)"
in lieu thereof; and
(2) by adding at the end the following: "However, the substi-
tution of assete provisions of subsection 413(p) shall not be used
to order a defendant to forfeit assets in place of the actual
property laundered where such defendant acted merely as an
intermediary who handled but did not retain the property in
the course of the money laundering offense.".
SEC. 6465. UNDERCOVER "STING" OPERATIONS IN MONEY LAUNDERING
CASES.
Section 1956(a) of title 18, United States Code, is amended by
inserting after paragraph (a)(2) the following new paragraph:
"(3) Whoever, with the intent—
"(A) to promote the carrying on of specified unlawful activity;
"(B) to conceal or disguise the nature, location, source, owner-
ship, or control of property believed to be the proceeds of
specified unlawful activity; or
"(C) to avoid a transaction reporting requirement under State
or Federal law,
conducts or attempts to conduct a financial transaction involving
property represented by a law enforcement officer to be the proceeds
of specified unlawful activity, or property used to conduct or facili-
tate specified unlawful activity, shall be fined under this title or
imprisoned for not more than 20 years, or both. For purposes of this
aragraph, the term 'represented' means any representation made
P y a law enforcement officer or by another person at the direction
of, or with the approval of, a Federal official authorized to inves-
tigate or prosecute violations of this section.".
SEC. 6466. SPECIFIED UNLAWFUL ACTIVITY.
Section 1956(c)(7XD) of title 18, United States Code, is amended
by-
(1) inserting "section 542 (relating to entry of goods by means
of false statements)," after "securities of States and private
entities),";
(2) inserting "section 549 (relating to removing goods from
Customs custody)," after "smuggling goods into the United
States),"; and
(3) inserting "section 2319 (relating to copyright infringe-
ment), section 310 of the Controlled Substances Act (21 U.S.C.
830) (relating to precursor and essential chemicals), section 590
of the Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation
smuggling), section 1822 of the Mail Order Drug Paraphernalia
Control Act (100 Stat. 3207-51; 21 U.S.C. 857) (relating to
transportation of drug paraphenalia)," after "postal robbery
and theft) of this title,'.
SEC. 6467. MINORS CONVICTED OF DRUG TRAFFICKING.
(a) DELINQUENCY PROCEEDINGS.—Section 5032 of title 18, United
States Code, is amended—
(1) in the first undesignated paragraph, by striking out "sec-
tion 841, 952(a), 955, or 959 of title 21," and inserting in lieu
thereof "section 401 of the Controlled Substances Act (21 U.S.C
102 STAT. 4376 PUBLIC LAW 100-690—NOV. 18, 1988
841), or section 1002(a), 1003, 1005, 1009, or 1010(b) (1), (2), or (3)
of the Controlled Substances Import and Export Act (21 U.S.C.
952(a), 953, 955, 959, 960(b) (1), (2), (3)), or section 922(p) of this
title,"; and
(2) in the fourth undesignated paragraph—
(A) by striking out "section 841, 952(a), 955, or 959 of title
21," and inserting in lieu thereof "section 401 of the Con-
trolled Substances Act (21 U.S.C. 841), or section 1002(a),
1005, or 1009 of the Controlled Substances Import and
Export Act (21 U.S.C. 952(a), 955, 959),"; and
(B) by inserting after "2275 of this title," the following:
"subsection OJXD (A), (B), or (C), (d), or (e) of section 401 of
the Controlled Substances Act, or section 1002(a), 1003,
1009, or lOlOOt)) (1), (2), or (3) of the Controlled Substances
Import and Export Act (21 U.S.C. 952(a), 953, 959, 960(b) (1),
(2), (3)),".
(b) SURRENDER TO STATE AUTHORITIES.—The first undesignated
paragraph of section 5001 of title 18, United States Code, is amended
by inserting before the period at the end thereof the following:
", unless such surrender is precluded under section 5032 of this title .
SEC. 6468. DRUG OFFENSES WITHIN FEDERAL PRISONS.
(a) TWENTY YEAR MAXIMUM PENALTY.—Section 17910b) of title 18,
United States Code, is amended—
(1) by redesignating paragraphs (1) through (4) as (2) through
(5), respectively;
(2) by inserting before paragraph (2), as so redesignated, the
following new paragraph (1):
"(1) imprisonment for not more than 20 years, or both, if the
object is specified in subsection (dXlXC) of this section;"; and
(3) in paragraph (3), as so redesignated, by striking "or
(cXlXC)".
(b) CONSECUTIVE SENTENCES.—Section 1791 of title 18, United
States Code, is further amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsec-
tion (c):
"(c) Any punishment imposed under subsection Ot>) for a violation
of this section by an inmate of a prison shall be consecutive to the
sentence being served by such inmate at the time the inmate
commits such violation.".
28 use 994 note. (c) Pursuant to its authority under section 994(p) of title 28,
United States Code, and section 21 of the Sentencing Act of 1987, the
United States Sentencing Commission shall promulgate guidelines,
or shall amend existing guidelines, to provide that a defendant
convicted of violating section 1791(aXl) of title 18, United States
Code, and punishable under section 17910t)Xl) of that title £is so
redesignated, shall be assigned an offense level under chapter 2 of
the sentencing guidelines that is^—
(1) two levels greater than the level that would have been
assigned had the offense not been committed in prison; and
(2) in no event less than level 26.
(d) If the sentencing guidelines are amended after the effective
date of this section, the Sentencing Commission shall implement the
instruction set forth in subsection (c) so as to achieve a comparable
result.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4377
SEC. 6469. AUTHORIZATION OF POSTAL SERVICE TO INVESTIGATE
MONEY LAUNDERING.
(a) JURISDICTION.—(1) Section 1956 of title 18, United States Code,
is amended by striking all that follows "appropriate" in subsection
(e) and inserting the following: "and, with respect to offenses over
which the United States Postal Service heis jurisdiction, by the
Postal Service. Such authority of the Secretary of the Treasury and
the Postal Service shall be exercised in accordance with an agree-
ment which shall be entered into by the Secretary of the Treasury,
the Postal Service, and the Attorney General."
(2) Section 1957 of title 18, United States Code, is amended by
striking all that follows "appropriate" in subsection (e) and insert-
ing the following: "and, with respect to offenses over which the
United States Postal Service has jurisdiction, by the Postal Service.
Such authority of the Secretary of the Treasury and the Postal
Service shall be exercised in accordance with an agreement which
shall be entered into by the Secretary of the Treasury, the Postal
Service, and the Attorney General.".
(b) CONFORMING AMENDMENTS.—Section 981 of title 18, United
States Code, is amended by—
(1) inserting "or the Postal Service" in subsection Oo) following
"Secretary of the Treasury" the first two times it appears;
(2) striking "the Attorney General or the Secretary of the
Treasury" in subsections (bX2) and (c) through (e) and inserting
"the Attorney General, the Secretary of the Treasury, or the
Postal Service";
(3) adding a t the end of subsection (d) the following: "The
Attorney General shall have sole responsibility for disposing of
petitions for remission or mitigation with respect to property
involved in a judicial forfeiture proceeding"; and
(4) adding at the end of subsection (e) the following: "The
authority granted to the Secretary of the Treasury and the
Postal Service pursuant to this subsection shall apply only to
property that has been administratively forfeited.".
(c) POWERS OF THE SECRETARY.—Section 5318(aXl) of title 31,
United States Code, is amended by inserting "or the Postal Inspec-
tion Service" after "supervising agency".
SEC. 6470. CONTROLLED SUBSTANCES AND RELATED AMENDMENTS.
(a) ATTEMPT AND CONSPIRACY AMENDMENTS.—Section 406 of the
Controlled Substance Act (21 U.S.C. 846) and section 1013 of the
Controlled Substances Import and Export Act (21 US.C. 963) are
amended by striking "is punishable" and all that follows through
"punishment" and inserting "shall be subject to the same penalties
as those".
(b) CLARIFYING AMENDMENTS RELATING TO FORFEITURE OF PRO-
CEEDS OF A FOREIGN DRUG OFFENSE.—Subparagraph (B) of section
981(aXl) of title 18, United States Code, is amended by—
(1) inserting ", real or personal," after "property";
(2) striking "which represents the proceeds of and inserting
"constituting, derived from, or traceable to, any proceeds ob-
tained directly or indirectly from";
(3) striking "or activity" the first place it appears;
(4) inserting "under the laws of the United States" after
"punishable" the second place it appears; and
(5) inserting "constituting the ofTense against the foreign
nation" after "such act or activity".
102 STAT. 4378 PUBLIC LAW 100-690—NOV. 18, 1988
(c) CLARIFICATION OF CONTROLLED SUBSTANCE ANALOGUE PROVI-
SION.—Section 203 of the Controlled Substances Act (21 U.S.C. 813)
is amended by striking "this title and title III" and inserting "any
Federal law".
(d) CORRECTION OF REFERENCE RELATING TO MANDATORY PRISON
TERMS FOR JUVENILE DRUG TRAFFICKING.—Section 405B(e) of the
Controlled Substances Act (21 U.S.C. 845b(e)) is amended by striking
"required by section 401(b)".
(e) CORRECTION OF TYPOGRAPHICAL ERROR.—Section 981(aX2) of
title 18, United States Code, is amended by striking "emission" and
inserting "omission".
(f) CORRECTION OF REFERENCE TO SUBSECTION.—Section 981(iXl) of
title 18, United States Code, is amended by striking "subchapter"
and inserting "subsection".
(g) MANDATORY MINIMUM PENALTY FOR TRAFFICKING IN SUBSTAN-
TIAL QUANTITY OF METHAMPHETAMINE.—Subparagraph (A) of section
401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(bXl)) is
amended—
(1) by striking "or" a t the end of clause (vi);
(2) by inserting "or" at the end of clause (vii); and
(3) by adding a new clause (viii), as follows:
"(viii) 100 grams or more of methamphetamine, its salts,
isomers, and salts of its isomers or 100 grams or more
of a mixture or substance containing a detectable
amount of methamphetamine, its salts, isomers, or salts of
its isomers;",
(h) CONFORMING AMENDMENT.—Subparagraph (B) of section
401(bXl) of the Controlled Substances Act (21 U.S.C. 841(bXl)) is
amended—
(1) by striking "or" at the end of clause (vi);
(2) by inserting "or" at the end of clause (vii); and
(3) by adding a new clause (viii), as follows:
"(viii) 10 grams or more of methamphetamine, its salts,
isomers, and salts of its isomers or 100 grams or more of a
mixture or substance containing a detectable amount of
methamphetamine, its salts, isomers, or salts of its iso-
mers;".
SEC. 6471. MONEY LAUNDERING AMENDMENTS.
(a) INSERTION OF INCOME TAX PREDICATE FOR MONEY LAUNDERING
OFFENSE.—Section 1956(aXlXA) of title 18, United States Code, is
amended to read as follows:
"(AXi) with the intent to promote the carrying on of
specified unlawful activity; or
"(ii) with intent to engage in conduct constituting a viola-
tion of section 7201 or 7206 of the Internal Revenue CJode of
1986; or".
0)) TRANSMISSION OR TRANSFER.—Section 1956(aX2) of title 18,
United States Code, is amended by striking "transports or attempts
to transport" and inserting "transports, transmits, or transfers, or
attempts to transport, transmit, or transfer".
(c) CLARIFICATION OF SCOPE OF STAY OF CIVIL FORFEITURE.—Section
981(g) of title 18, United States Code, is amended by inserting
", Federal, State or local," after "law".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4379
SEC. 6472. BALLISTIC KNIFE ACT JURISDICTIONAL CLARIFICATIONS.
The Ballistic Knife Prohibition Act of 1986 (15 U.S.C. 1245) is
amended—
(1) by striking "knowingly possesses, manufactures, sells, or
imports" and inserting "in or affecting interstate commerce,
within any Territory or possession of the United States, within
Indian country (as defined in section 1151 of title 18), or within
the special maritime and territorial jurisdiction of the United
States (as defined in section 7 of title 18), knowingly possesses,
manufactures, sells, or imports"; and
(2) by striking "or State before "crime of violence".
SEC. 6473. COMMON CARRIER OPERATION AMENDMENTS.
(a) DEFINITIONAL REFINEMENT.—Section 342 of title 18, United
States Code, is amended by striking "drugs" and inserting "any
controlled substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802))".
(b) CONFORMANCE OF FINE LEVEL.—Section 342 of title 18, United
States Code, is amended by striking "fined not more than $10,000,"
and inserting "fined under this title,".
(c) LIMITATION AND CLARIFICATION OF PRESUMPTIONS.—Section 343
of title 18, United States Clode, is amended—
(1) in paragraph (1) by striking ".10" and inserting ".10
percent" and by striking "conclusively"; and
(2) in paragraph (2) by striking "conclusively".
SEC. 6474. EXPLOSIVES OFFENSES AMENDMENTS.
(a) EXPANSION OF OFFENSE TO CERTAIN AIRPORTS AND STRENGTHEN-
ING OF PENALTY.—Section 844(g) of title 18, United States Code, is
amended—
(1) by striking "Whoever" and inserting "(1) Except as pro-
vided in paragraph (2), whoever";
(2) by inserting "in an airport that is subject to the regulatory
authority of the Federal Aviation Administration, or" after
"possesses an explosive";
(3) by inserting "or airport" after "such building";
(4) by striking "not more than one year, or fined not more
than $1,000, or both" and inserting "not more than five years,
or fined under this title, or both"; and
(5) by adding at the end thereof the following:
"(2) The provisions of this subsection shall not be applicable
to—
"(A) the possession of ammunition (as that term is de-
fined in regulations issued pursuant to this chapter) in an
airport that is subject to the regulatory authority of the
Federal Aviation Administration if such ammunition is
either in checked baggage or in a closed container; or
"(B) the possession of an explosive in an airport if the
packaging and transportation of such explosive is exempt
from, or subject to and in accordance with, regulations of
the Research and Special Projects Administration for the
handling of hazardous materials pursuant to the Hazardous
Materials Transportation Act (49 App. U.S.C. 1801, et
seq.).".
(b) STRENGTHENING OFFENSE OF USING OR CARRYING AN EXPLOSIVE
IN COMMISSION OF A FEDERAL FELONY.—Section 844(h) of title 18,
United States Code, is amended—
102 STAT. 4380 PUBLIC LAW 100-690—NOV. 18, 1988
(1) by striking "unlawfully" in paragraph (2); and
(2) by striking "shall be sentenced" through the remainder of
the subsection and inserting the following:
"including a felony which provides for an enhanced punish-
ment if committed by the use of a deadly or dangerous
weapon or device shall, in addition to the punishment
provided for such felony, be sentenced to imprisonment for
five years. In the case of a second or subsequent conviction
under this subsection, such person shall be sentenced to
imprisonment for ten years. Notwithstanding any other
provision of law, the court shall not place on probation or
suspend the sentence of any person convicted of a violation
of this subsection, nor shall the term of imprisonment
imposed under this subsection run concurrently with any
other term of imprisonment including that imposed for the
felony in which the explosive was used or carried.".
(c) CONFORMING DEFINITIONAL CHANGE.—Section 842(dX5) of title
18, United States Code, is amended to read as follows:
"(5) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)).".
(d) CONFORMING DEFINITIONAL CHANGE.—Section 842(iX3) of title
18, United States C!ode, is amended to read as follows:
"(3) who is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Sulv
stances Act (21 U.S.C. 802)).".
SEC. 6475. CLARIFICATION OF PROHIBITION OF POSSESSION WITH
INTENT TO DISTRIBUTE CONTROLLED SUBSTANCES ON AIR-
CRAFT.
Section 101(KaX3) of the Controlled Substances Import and Export
Act (21 U.S.C. 960(aX3)) is amended by striking "manufactures
or distributes a controlled substance" and inserting "manufac-
tures, possesses with intent to distribute, or distributes a controlled
substance".
SEC. 6476. RESTARTING OF SPEEDY TRIAL ACT TIME PERIOD FOR
DEFENDANTS WHO ABSCOND ON EVE OF TRIAL.
Section 3161 of title 18, United States (Dode, is amended by adding
at the end the following:
"(kXD If the defendant is absent (as defined by subsection (hX3))
on the day set for trial, and the defendant's subsequent appearance
before the court on a bench warrant or other process or surrender to
the court occurs more than 21 days after the day set for trial, the
defendant shall be deemed to have first appeared before a judicial
officer of the court in which the information or indictment is
pending within the meaning of subsection (c) on the date of the
defendant's subsequent appearance before the court.
"(2) If the defendant is absent (as defined by subsection (hX3)) on
the day set for trial, and the defendant's subsequent appearance
before the court on a bench warrant or other process or surrender to
the court occurs not more than 21 days after the day set for trial, the
time limit required by subsection (c), as extended by subsection (h),
shall be further extended by 21 days.".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4381
SEC. 6477. ASSIMILATIVE CRIMES ACT AMENDMENTS.
(a) PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE
INFLUENCE OF DRUGS OR ALCOHOL.—Section 13 of title 18, United
States Code, is amended—
(1) by inserting "(a)" before "Whoever"; and
(2) by adding at the end the following:
"(b) For purposes of subsection (a) of this section, that which may
or shall be imposed through judicial or administrative action under
the law of a State, territory, possession, or district, for a conviction
for operating a motor vehicle under the influence of a drug or
alcohol, shall be considered to be a punishment provided by that
law. Any limitation on the right or privilege to operate a motor
vehicle imposed under this subsection shall apply only to the special
maritime and territorial jurisdiction of the United States.".
(b) IMPUED CONSENT FOR CERTAIN TESTS.—(1) Chapter 205 of title
18, United States Code, is amended by adding at the end the
following:
"§ 3117. Implied consent for certain tests
"(a) CONSENT.—Whoever operates a motor vehicle in the special Motor vehicles.
maritime and territorial jurisdiction of the United States consents
thereby to a chemical test or tests of such person's blood, breath, or
urine, if arrested for any offense arising from such person's driving
while under the influence of a drug or alcohol in such jurisdiction.
The test or tests shall be administered upon the request of a police
officer having reasonable grounds to believe the person arrested to
have been driving a motor vehicle upon the special maritime and
territorial jurisdiction of the United States while under the influ-
ence of drugs or alcohol in violation of the laws of a State, territory,
possession, or district.
"(b) EFFECT OF REFUSAL.—Whoever, having consented to a test or
tests by reason of subsection (a), refuses to submit to such a test or
tests, after having first been advised of the consequences of such a
refusal, shall be denied the privilege of operating a motor vehicle
upon the special maritime and territorial jurisdiction of the United
States during the period of a year commencing on the date of arrest
upon which such test or tests was refused, and such refusal may be
admitted into evidence in any case arising from such person's
driving while under the influence of a drug or alcohol in such
jurisdiction. Any person who operates a motor vehicle in the special
maritime and territorial jurisdiction of the United States after
having been denied such privilege under this subsection shall be
treated for the purposes of any civil or criminal proceedings arising
out of such operation as operating such vehicle without a license to
do so.".
(2) The table of sections at the beginning of chapter 205 of title 18,
United States Code, is amended by adding at the end the following:
"3117. Implied consent for certain tests.".
SEC. 6478. PROTECTION OF FOREIGN OFFICIALS.
Section 112(b)(3) of title 18, United States Code, is amended by
striking "but outside the District of Columbia".
SEC. 6479. MARIHUANA PLANTS.
Section 401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) is amended—
102 STAT. 4382 PUBLIC LAW 100-690—NOV. 18, 1988
(1) in paragraph (AXvii), by inserting ", or 1,000 or more
marihuana plants regardless of weight" after "containing a
detectable amount of marihuana";
(2) in paragraph (BXvii), by inserting ", or 100 or more mari-
huana plants regardless of weight" after "containing a detect-
able amount of marihuana"; and
(3) in paragraph (D) by striking out "100 or more marihuana
plants" and inserting in lieu thereof "50 or more marihuana
plants".
SEC. 6480. FINES FOR SIMPLE POSSESSION.
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is
amended—
(1) in the second sentence—
(A) by striking out "but not more than $5,000";
(B) by striking out "but not more than $10,000"; and
(C) by striking out "but not more than $25,000".
SEC. 6481. CONTINUING CRIMINAL ENTERPRISE.
(a) INCREASED PENALTIES.—Section 408(a) of the Controlled Sub-
21 use 848. stances Act is amended by—
(1) striking "10 years" and inserting "20 years"; and
(2) striking "20 years" and inserting "30 years".
Ot)) REDESIGNATION.—Subsections (d) and (e) of section 408 of the
Controlled Substances Act are redesignated as (c) and (d).
SEC. 6482. COMMON CARRIER OPERATION UNDER THE INFLUENCE OF
ALCOHOL OR DRUGS.
(a) LOCOMOTIVES.—Section 341 of title 18, United States Code, is
amended by adding after "means a" the iPollowing: "locomotive, a".
Ob) MAXIMUM PENALTY.—Section 342 of title 18, United States
Code, is amended by striking "five" and inserting "fifteen".
28 use 994 note. (c) SENTENCING GUIDELINES.—(1) Pursuant to its authority under
section 994(p) of title 28, United States Code, and section 21 of the
Sentencing Act of 1987, the United States Sentencing Commission
shall promulgate guidelines, or shall amend existing guidelines, to
provide that—
(A) a defendant convicted of violating section 342 of title 18,
United States Code, under circumstances in which death re-
sults, shall be assigned an offense level under chapter 2 of the
sentencing guidelines that is not less than level 26; and
(B) a defendant convicted of violating section 342 of title 18,
United States Code, under circumstances in which serious
bodily injury results, shall be assigned an offense level under
chapter 2 of the sentencing guidelines that is not less than level
21.
(2) If the sentencing guidelines are amended after the effective
date of this section, the Sentencing Commission shall implement the
instruction set forth in paragraph (1) so as to achieve a comparable
result.
SEC. 6483. AMENDMENT TO THE FEDERAL RULES OF CRIMINAL PROCE-
DURE.
The Federal Rules of Criminal Procedure are amended by adding
after Rule 12.2 the following:
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4383
"Rule 12.3. Notice of Defense Based Upon Public Authority
"(a) NOTICE BY DEFENDANT; GOVERNMENT RESPONSE; DISCLOSURE 18 use app.
OF WITNESSES.—
"(1) DEFENDANT'S NOTICE AND GOVERNMENT'S RESPONSE.—A
defendant intending to claim a defense of actual or believed
exercise of public authority on behalf of a law enforcement or
Federal intelligence agency at the time of the alleged offense
shall, within the time provided for the filing of pretrial motions
or at such later time as the court may direct, serve upon the
attorney for the Government a written notice of such intention
and file a copy of such notice with the clerk. Such notice shall
identify the law enforcement or Federal intelligence agency and
any member of such agency on behalf of which and the period of
time in which the defendant claims the actual or believed
exercise of public authority occurred. If the notice identifies a
Federal intelligence agency, the copy filed with the clerk shall
be under seal. Within ten days after receiving the defendant's
notice, but in no event less than twenty days before the trial,
the attorney for the Government shall serve upon the defendant
or the defendant's attorney a written response which shall
admit or deny that the defendant exercised the public authority
identified in the defendant's notice.
"(2) DISCLOSURE OF WITNESSES.—At the time that the Govern-
ment serves its response to the notice or thereafter, but in no
event less than twenty days before the trial, the attorney for the
Government may serve upon the defendant or the defendant's
attorney a written demand for the names and addresses of the
witnesses, if any, upon whom the defendant intends to rely in
establishing the defense identified in the notice. Within seven
days after receiving the Government's demand, the defendant
shall serve upon the attorney for the Government a written
statement of the names and addresses of any such witnesses.
Within seven days after receiving the defendant's written state-
ment, the attorney for the Government shall serve upon the
defendant or the defendant's attorney a written statement of
the names and addresses of the witnesses, if any, upon whom
the Government intends to rely in opposing the defense identi-
fied in the notice.
"(3) ADDITIONAL TIME.—If good cause is shown, the court may
allow a party additional time to comply with any obligation
imposed by this rule.
"(h) CONTINUING DUTY TO DISCLOSE.—If, prior to or during trial, a
party learns of any additional witness whose identity, if known,
should have been included in the written statement furnished under
subdivision (aX2) of this rule, that party shall promptly notify in
writing the other party or the other party's attorney of the name
and address of any such witness.
"(c) FAILURE TO COMPLY.—If a party fails to comply with the
requirements of this rule, the court may exclude the testimony of
any undisclosed witness offered in support of or in opposition to the
defense, or enter such other order £is it deems just under the
circumstances. This rule shall not limit the right of the defendant to
testify.
"(d) PROTECTIVE PROCEDURES UNAFFECTED.—This rule shall be in
addition to and shall not supersede the authority of the court to
102 STAT. 4384 PUBLIC LAW 100-690—NOV. 18, 1988
issue appropriate protective orders, or the authority of the court to
order that any pleading be filed under seal.
"(e) INADMISSIBIUTY OF WITHDRAWN DEFENSE BASED UPON PUBLIC
AUTHORITY.—Evidence of an intention £is to which notice was given
under subdivision (a), later withdrawn, is not, in any civil or crimi-
nal proceeding, admissible against the person who gave notice of the
intention.".
SEC. 6484. WITNESS SERVING SENTENCE ABROAD.
(a) IN GENERAL.—Chapter 223 of title 18, United States Code, is
amended by adding at the end thereof the following new section:
"§ 3508. Custody and return of foreign witnesses
"(a) When the testimony of a person who is serving a sentence, is
in pretrial detention, or is otherwise being held in custody, in a
foreign country, is needed in a State or Federal criminal proceeding,
the Attorney General shall, when he deems it appropriate in the
exercise of his discretion, have the authority to request the tem-
porary transfer of that person to the United States for the purposes
of giving such testimony, to transport such person to the United
States in custody, to maintain the custody of such person while he is
in the United States, and to return such person to the foreign
country.
International "(b) Where the transfer to the United States of a person in custody
agreements. for the purposes of giving testimony is provided for by treaty or
convention, by this section, or both, that person shall be returned to
the foreign country from which he is transferred. In no event shall
the return of such person require any request for extradition or
extradition proceedings, or proceedings under the immigration laws.
International "(c) Where there is a treaty or convention between the United
agreements. States and the foreign country in which the witness is being held in
custody which provides for the transfer, custody and return of such
witnesses, the terms and conditions of that treaty shall apply.
Where there is no such treaty or convention, the Attorney General
may exercise the authority described in paragraph (a) if both the
foreign country and the witness give their consent.'.
(b) TABLE OF CONTENTS.—The table of contents for chapter 223 of
title 18, United States Code, is amended by adding at the end thereof
the following new item:
"3508. Custody and return of foreign witnesses.".
SEC. 6485. CLARIFICATIONS REGARDING DRUG PARAPHERNALIA.
Section 1822 of the Anti-Drug Abuse Act of 1986 (Public Law 99-
570; 21 U.S.C. 857) is amended—
(1) in subsection (d), bv striking out "in violation of the
Controlled Substances Act' and inserting ", possession of which
is unlawful under the Controlled Substances Act"; and
(2) in subsection (fK2) bv striking out "primarily intended for
use with" and inserting 'traditionally intended for use with".
21 u s e 844a. SEC. 6486. CIVIL PENALTY FOR POSSESSION OF SMALL AMOUNTS OF
CERTAIN CONTROLLED SUBSTANCES.
(a) I N GENERAL.—Any individual who knowingly possesses a con-
trolled substance that is listed in section 401(bXl)(A) of the Con-
trolled Substances Act (21 U.S.C. 841(bXlXA)) in violation of section
404 of that Act (21 U.S.C. 841(bXlXA)) in an amount that, as speci-
fied by regulation of the Attorney CJeneral, is a personal use amount
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4385
shall be liable to the United States for a civil penalty in an amount
not to exceed $10,000 for each such violation.
(h) INCOME AND NET ASSETS.—The income and net assets of an
individual shall not be relevant to the determination whether to
assess a civil penalty under this section or to prosecute the individ-
ual criminally. However, in determining the amount of a penalty
under this section, the income and net assets of an individual shall
be considered.
(c) PRIOR CONVICTION.—A civil penalty may not be sissessed under
this section if the individual previously was convicted of a Federal or
State offense relating to a controlled substance as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802).
(d) LIMITATION ON NUMBER OF ASSESSMENTS.—A civil penalty may
not be assessed on an individual under this section on more than
two separate occasions.
(e) ASSESSMENT.—A civil penalty under this section may be as-
sessed by the Attorney General only by an order made on the record
after opportunity for a hearing in accordance with section 554 of
title 5, United States Code. The Attorney General shall provide
written notice to the individual who is the subject of the proposed
order informing the individual of the opportunity to receive such a
hearing with respect to the proposed order. The hearing may be held
only if the individual makes a request for the hearing before the
expiration of the 30-day period beginning on the date such notice is
issued.
(f) COMPROMISE.—The Attorney General may compromise, modify,
or remit, with or without conditions, any civil penalty imposed
under this section.
(g) JUDICIAL REVIEW.—If the Attorney General issues an order
pursuant to subsection (e) after a hearing described in such subsec-
tion, the individual who is the subject of the order may, before the
expiration of the 30-day period beginning on the date the order is
issued, bring a civil action in the appropriate district court of the
United States. In such action, the law and the facts of the violation
and the assessment of the civil penalty shall be determined de novo,
and shall include the right of a trial by jury, the right to counsel,
and the right to confront witnesses. The facts of the violation shall
be proved beyond a reasonable doubt.
(h) CIVIL ACTION.—If an individual does not request a hearing
pursuant to subsection (e) and the Attorney General issues an order
pursuant to such subsection, or if an individual does not under
subsection (g) seek judicial review of such an order, the Attorney
General may commence a civil action in any appropriate district
court of the United States for the purpose of recovering the amount
assessed and an amount representing interest at a rate computed in
accordance with section 1961 of title 28, United States Code. Such
interest shall accrue from the expiration of the 30-day period de-
scribed in subsection (g). In such an action, the decision of the
Attorney General to issue the order, and the amount of the penalty
assessed by the Attorney General, shall not be subject to review.
(i) LIMITATION.—The Attorney General may not under this subsec-
tion commence proceeding against an individual after the expiration
of the 5-year period beginning on the date on which the individual
allegedly violated subsection (a).
(j) EXPUNGEMENT PROCEDURES.—The Attorney General shall dis-
miss the proceedings under this section against an individual upon
102 STAT. 4386 PUBLIC LAW 100-690—NOV. 18, 1988
application of such individual at any time after the expiration of 3
years if—
(1) the individual has not previously been assessed a civil
penalty under this section;
(2) the individual has paid the assessment;
(3) the individual has complied with any conditions imposed
by the Attorney General;
(4) the individual has not been convicted of a Federal or State
offense relating to a controlled substance as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802); and
(5) the individual agrees to submit to a drug test, and such
test shows the individual to be drug free.
Records. A nonpublic record of a disposition under this subsection shall be
Classified retained by the Department of Justice solely for the purpose of
information. determining in any subsequent proceeding whether the person
qualified for a civil penalty or expungement under this section. If a
record is expunged under this subsection, an individual concerning
whom such an expungement has been made shall not be held
thereafter under any provision of law to be guilty of perjury, false
swearing, or making a false statement by reason of his failure to
recite or acknowledge a proceeding under this section or the results
thereof in response to an inquiry made of him for any purpose.
SEC. 6487. PROTECTION OF FORMER FEDERAL OFFICIALS AND MEMBERS
OF THE FAMILY OF FORMER FEDERAL OFFICIALS.
(a) FORMER FEDERAL OFFICIALS.—Section 111 of title 18, United
States Code, is amended to read as follows:
"§111. Assaulting, resisting, or impeding certain offlcers or
employees
"(a) IN GENERAL.—Whoever—
"(1) forcibly assaults, resists, opposes, impedes, intimidates, or
interferes with any person designated in section 1114 of this
title while engaged in or on account of the performance of
official duties; or
"(2) forcibly assaults or intimidates any person who formerly
served as a person designated in section 1114 on account of the
performance of official duties during such person's term of
service,
shall be fined under this title or imprisoned not more than three
years, or both.
"Ot>) ENHANCED PENALTY.—Whoever, in the commission of any
acts described in subsection (a), uses a deadly or dangerous weapon,
shall be fined under this title or imprisoned not more than ten
years, or both.".
(f) FAMILY MEMBERS OF FORMER FEDERAL OFFICIALS.—Section
115(a) of title 18, United States Code, is amended to read as follows:
"(a)(1) Whoever—
"(A) assaults, kidnaps, or murders, or attempts to kidnap or
murder, or threatens to assault, kidnap or murder a member of
the immediate family of a United States official, a United States
judge, a Federal law enforcement officer, or an official whose
killing would be a crime under section 1114 of this title; or
"(B) threatens to assault, kidnap, or murder, a United States
official, a United States judge, a Federal law enforcement offi-
cer, or an official whose killing would be a crime under such
section.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4387
with intent to impede, intimidate, or interfere with such official,
judge, or law enforcement officer while engaged in the performance
of official duties, or with intent to retaliate against such official,
judge, or law enforcement officer on account of the performance of
official duties, shall be punished as provided in subsection Qo).
"(2) Whoever assaults, kidnaps, or murders, or attempts to kidnap
or murder a member of the immediate family of any person who
formerly served as a person designated in paragraph (1), with intent
to retaliate against such person on account of the performance of
ofiGdal duties during the term of service of such person, shall be
punished as provided in subsection (bV.
TITLE VII—DEATH PENALTY AND OTHER
CRIMINAL AND LAW ENFORCEMENT
MATTERS
S E C 7000. TABLE OF CONTENTS.
Subtitle A. Death penalty
Subtitle B. Bfinor and technical criminal law amendments
Subtitle C. Sentencing amendments
Subtitle D. Victim compensation and assistance
Subtitle E. Federal Aviation Administration drug enforcement assistance
Subtitle F. Juvenile justice and delinquency prevention
Subtitle G. Provisions relating to prisons, probation, parole, and supervised release
Subtitle H. Provisions relating to courts
Subtitle 1. Provisions relating to the Federal Bureau of Investigation
Subtitle J. Provisions relating to the deportation o( aliens who commit aggravated
felonies
Subtitle K. United States Customs Service
Subtitle L. Coast Guard drug law enforcement
Subtitle M. Interpol provisions
Subtitle N. Child Pornography and Obscenity
Subtitle O. Miscellaneous
Subtitle A—^Death Penalty
SEC. 7001. DEATH PENALTY FOR DRUG-RELATED KILLINGS.
(a) ELEMENTS OF OFIICNSE.—Section 408 of the Controlled Sub-
stances Act (21 UJS.C. 848) is amended—
(1) by redesignating subsection (e) as subsection (0; and
(2) by inserting after subsection (d) the following:
'Tteath Penalty
"(eXD In addition to the other penalties set forth in this section—
"(A) any person engaging in or working in furtherance of a
continuing criminal enterprise, or any person engaging in an
offense punishable under section 841(bXlXA) or section 9€0(bXl)
who intentionally kills or counsels, commands, induces, pro-
cures, or causes the intentional killing of an individual and such
killing results, shall be sentenced to any term cf imprisonment,
which shall not be less than 20 years, and which may be up to
life imprisonment, or may be sentenced to death; and
"(B) any person, during the commission of, in furtherance of,
or while attempting to avoid apprehension, prosecution or serv-
ice of a prison sentence for, a felony violation of this title or title
III who intentionally kills or counsels, conmiands, induces.
102 STAT. 4388 PUBLIC LAW 100-690—NOV. 18, 1988
procures, or causes the intentional killing of any Federal, State,
or local law enforcement officer engaged in, or on account of,
the performance of such officer's official duties and such killing
results, shall be sentenced to any term of imprisonment, which
shall not be less than 20 years, and which may be up to life
imprisonment, or may be sentenced to death.
"(2) As used in paragraph (IXb), the term 'law enforcement officer'
means a public servant authorized by law or by a Government
agency or Congress to conduct or engage in the prevention, inves-
tigation, prosecution or adjudication of an offense, and includes
those engaged in corrections, probation, or parole functions.".
(b) PROCEDURE APPUCABLE WITH RESPECT TO THE DEATH PEN-
ALTY.—Section 408 of the Controlled Substances Act (21 U.S.C. 848)
is amended by adding at the end the following:
"Hearing Required with Respect to the Death Penalty
"(g) A person shall be subjected to the penalty of death for any
offense under this section only if a hearing is held in accordance
with this section.
"Notice by the Government in Death Penalty Cases
"(hXD Whenever the Government intends to seek the death pen-
alty for an offense under this section for which one of the sentences
provided is death, the attorney for the Grovemment, a reasonable
time before trial or acceptance by the court of a plea of guilty, shall
sign and file with the court, and serve upon the defendant, a
notice—
"(A) that the Government in the event of conviction will seek
the sentence of death; and
"(B) setting forth the aggravating factors enumerated in
subsection (n) and any other aggravating factors which the
Government will seek to prove as the basis for the death
penalty.
"(2) The court may permit the attorney for the Government to
amend this notice for good cause shown.
"Hearing Before Court or Jury
"(iXD When the attorney for the Government has filed a notice as
required under subsection (h) and the defendant is found guilty of or
pleads guilty to ah offense under subsection (e), the judge who
presided at the trial or before whom the guilty plea was entered, or
any other judge if the judge who presided at the trial or before
whom the guilty plea was entered is unavailable, shall conduct a
separate sentencing hearing to determine the punishment to be
imposed. The hearing shall be conducted—
"(A) before the jury which determined the defendant's guilt;
"(B) before a jury impaneled for the purpose of the hearing
if—
"(i) the defendant was convicted upon a plea of guilty;
"(ii) the defendant w£is convicted after a trial before the
court sitting without a jury;
"(iii) the jury which determined the defendant's guilt has
been discharged for good cause; or
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4389
"(iv) after initial imposition of a sentence under this
section, redetermination of the sentence under this section
is necessary; or
"(C) before the court alone, upon the motion of the defendant
and with the approval of the Government.
"(2) A jury impaneled under paragraph (IXB) shall consist of 12
members, unless, at any time before the conclusion of the hearing,
the parties stipiilate with the approval of the court that it shall
consist of any number less than 12.
"Proof of Aggravating and Mitigating Factors
"(j) Notwithstanding rule 32(c) of the Federal Rules of Criminal
Procedure, when a defendant is found guilty of or pleads guilty to an
offense under subsection (e), no presentence report shall be pre-
pared. In the sentencing hearing, information may be presented as
to matters relating to any of the aggravating or mitigating factors
set forth in subsections (m) and (n), or any other mitigating factor or
any other aggravating factor for which notice has been provided
under subsection (hXl)(B). Where information is presented relating
to any of the a ^ r a v a t i n g factors set forth in sul^ection (n), informa-
tion may be presented relating to any other aggravating factor for
which notice has been provided under subsection (hXlXB). Informa-
tion presented may include the trial transcript and exhibits if the
hearing is held before a jury or judge not present during the trial, or
at the trial judge's discretion. Any other information relevant to
such mitigating or aggravating factors may be presented by either
the Government or the defendant, regardless of its admissibility
under the rules governing admission of evidence at criminal trials,
except that information may be excluded if its probative value is
substantially outweighed by the danger of unfair prejudice, confu-
sion of the issues, or misleading the jury. The Government and the
defendant shall be permitted to rebut any information received at
the hearing and shall be given fair opportunity to present argument
as to the adequacy of the information to establish the existence of
any of the a ^ r a v a t i n g or mitigating factors and as to appropriate-
ness in that case of imposing a sentence of death. The Government
shall open the argument. The defendant shall be permitted to reply.
The Government shall then be permitted to reply in rebuttal. The
burden of establishing the existence of any aggravating factor is on
the Government, and is not satisfied unless established beyond a
reasonable doubt. The burden of establishing the existence of any
mitigating factor is on the defendant, and is not satisfied unless
establish«l by a preponderance of the evidence.
"Return of Findings
"(k) The jury, or if there is no jury, the court, shall consider all the
information received during the hearing. It shall return special
findings identifying any aggravating factors set forth in subsection
(n), found to exist If one of the aggravating factors set forth in
subsection (nXD and another of the aggravating factors set forth in
paragraphs (2) through (12) of subsection (n) is found to exist, a
special finding identifying any other aggravating factor for which
notice has been provided under subsection (hXl)(B), may be re-
turned. A finding with respect to a mitigating factor may be made
by one or more of the menibers of the jury, and any member of the
102 STAT. 4390 PUBLIC LAW 100-690—NOV. 18, 1988
jury who finds the existence of a mitigating factor may consider
such a factor established for purposes of this subsection, regardless
of the number of jurors who concur that the factor has been
established. A finding with respect to any aggravating factor must
be unanimous. If an aggravating factor set forth in subsection (n)(l)
is not found to exist or an aggravating factor set forth in subsection
(n)(l) is found to exist but no other aggravating factor set forth in
subsection (n) is found to exist, the court shall impose a sentence,
other than death, authorized by law. If an aggravating factor set
forth in subsection (nXD and one or more of the other aggravating
factors set forth in subsection (n) are found to exist, the jury, or if
there is no jury, the court, shall then consider whether the aggravat-
ing factors found to exist sufficiently outweigh any mitigating factor
or factors found to exist, or in the absence of mitigating factors,
whether the aggravating factors are themselves sufficient to justify
a sentence of death. Based upon this consideration, the jury by
unanimous vote, or if there is no jury, the court, shall recommend
that a sentence of death shall be imposed rather than a sentence of
life imprisonment without possibility of release or some other lesser
sentence. The jury or the court, regardless of its findings with
respect to aggravating and mitigating factors, is never required to
impose a death sentence and the jury shall be so instructed.
"Imposition of Sentence
"(1) Upon the recommendation that the sentence of death be
imposed, the court shall sentence the defendant to death. Otherwise
the court shall impose a sentence, other than death, authorized by
law. A sentence of death shall not be carried out upon a person who
is under 18 years of age at the time the crime was committed. A
sentence of death shall not be carried out upon a person who is
mentally retarded. A sentence of death shall not be carried out upon
a person who, as a result of mental disability—
"(1) cannot understand the nature of the pending proceedings,
what such person was tried for, the reason for the punishment,
or the nature of the punishment; or
"(2) lacks the capacity to recognize or understand facts which
would make the punishment unjust or unlawful, or lacks the
ability to convey such information to counsel or to the court.
"Mitigating Factors
"(m) In determining whether a sentence of death is to be imposed
on a defendant, the finder of fact shall consider mitigating factors,
including the following:
"(1) The defendant's capacity to appreciate the wrongfulness
of the defendant's conduct or to conform conduct to the require-
ments of law was significantly impaired, regardless of whether
the capacity was so impaired as to constitute a defense to the
charge.
"(2) The defendant was under unusual and substantial duress,
regardless of whether the duress was of such a degree as to
constitute a defense to the charge.
"(3) The defendant is punishable as a principal (as defined in
section 2 of title 18 of the United States Code) in the offense,
which w£is committed by another, but the defendant's participa-
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4391
tion was relatively minor, regardless of whether the participa-
tion was so minor as to constitute a defense to the charge.
"(4) The defendant could not reasonably have foreseen that
the defendant's conduct in the course of the commission of
murder, or other offense resulting in death for which the
defendant was convicted, would cause, or would create a grave
risk of causing, death to any person.
"(5) The defendant was youthful, although not under the Eige
of 18.
"(6) The defendant did not have a significant prior criminal
record.
"(7) The defendant committed the offense under severe
mental or emotional disturbance.
"(8) Another defendant or defendants, equally culpable in the
crime, will not be punished by death.
"(9) The victim consented to the criminal conduct that re-
sulted in the victim's death.
"(10) That other factors in the defendant's background or
character mitigate against imposition of the death sentence.
"Aggravating Factors for Homicide
"(n) If the defendant is found guilty of or pleads guilty to an
offense under subsection (e), the following aggravating factors are
the only aggravating factors that shall be considered, unless notice
of additional aggravating factors is provided under subsection
(hXlXB):
"(1) The defendant—
"(A) intentionally killed the victim;
"(B) intentionally inflicted serious bodily injury which
resulted in the death of the victim;
"(C) intentionally engaged in conduct intending that the
victim be killed or that lethal force be employed against the
victim, which resulted in the death of the victim;
"(D) intentionally engaged in conduct which—
"(i) the defendant knew would create a grave risk of
death to a person, other than one of the participants in
the offense; and
"(ii) resulted in the death of the victim.
"(2) The defendant has been convicted of another Federal
offense, or a State offense resulting in the death of a person, for
which a sentence of life imprisonment or a sentence of death
was authorized by statute.
"(3) The defendant has previously been convicted of two or
more State or Federal offenses punishable by a term of impris-
onment of more than one year, committed on different occa-
sions, involving the infliction of, or attempted infliction of,
serious bodily injury upon another person.
"(4) The defendant has previously been convicted of two or
more State or Federal offenses punishable by a term of impris-
onment of more than one year, committed on different occa-
sions, involving the distribution of a controlled substance.
"(5) In the commission of the offense or in escaping apprehen-
sion for a violation of subsection (e), the defendant knowingly
created a grave risk of death to one or more persons in addition
to the victims of the offense. •
19-194 0-91—Part 5 13 : QL 3
102 STAT. 4392 PUBLIC LAW 100-690—NOV. 18, 1988
"(6) The defendant procured the commission of the offense by
payment, or promise of payment, of anything of pecuniary
value.
"(7) The defendant committed the offense as consideration for
the receipt, or in the expectation of the receipt, of anything of
pecuniary value.
"(8) The defendant committed the offense after substamtial
planning and premeditation.
"(9) The victim was particularly vulnerable due to old age,
youth, or infirmity.
"(10) The defendant had previously been convicted of violat-
ing this title or title III for which a sentence of five or more
years may be imposed or had previously been convicted of
engaging in a continuing criminal enterprise.
"(11) The violation of this title in relation to which the
conduct described in subsection (e) occurred was a violation of
section 405.
"(12) The defendant committed the offense in an especially
heinous, cruel, or depraved manner in that it involved torture
or serious physical abuse to the victim.
"Right of the Defendant to Justice Without Discrimination
"(oXD In any hearing held before a jury under this section, the
court shall instruct the jury that in its consideration of whether the
sentence of death is justified it shall not consider the race, color,
religious beliefs, national origin, or sex of the defendant or the
victim, and that the jury is not to recommend a sentence of death
unless it has concluded that it would recommend a sentence of death
for the crime in question no matter what the race, color, religious
beliefs, national origin, or sex of the defendant, or the victim, may
be. The jury shall return to the court a certificate signed by each
juror that consideration of the race, color, religious beliefs, national
origin, or sex of the defendant or the victim was not involved in
reaching his or her individual decision, and that the individual juror
would have made the same recommendation regarding a sentence
for the crime in question no matter what the race, color, religious
beliefs, national origin, or sex of the defendant, or the victim,
may be.
Reports. "(2) Not later than one year from the date of enactment of the
Anti-Drug Abuse Amendments Act of 1988, the Comptroller General
shall conduct a study of the various procedures used by the several
States for determining whether or not to impose the death penalty
in particular cases, and shall report to the Congress on whether or
not any or all of the various procedures create a significant risk that
the race of a defendant, or the race of a victim against whom a
crime was committed, influence the likelihood that defendants in
those States will be sentenced to death. In conducting the study
required by this paragraph, the General Accounting Office shall—
"(A) use ordinary methods of statistical analysis, including
methods comparable to those ruled admissible by the courts in
race discrimination cases under title VII of the Civil Rights Act
of 1964;
"(B) study only crimes occurring after January 1, 1976; and
"(C) determine what, if any, other factors, including any
relation between any a ^ r a v a t i i ^ or mitigating factors and the
race of the victim or the defendant, may account for any
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4393
evidence that the race of the defendant, or the race of the
victim, influences the likelihood that defendants will be sen-
tenced to death. In addition, the General Accounting Office
shall examine separately and include in the report, death pen-
alty cases involving crimes similar to those covered under this
section.
"Sentencing in Capital Cases in Which Death Penalty is not
Sought or Imposed
"(p) If a person is convicted for an offense under subsection (e) and
the court does not impose the penalty of death, the court may
impose a sentence of life imprisonment without the possibility of
parole.
"Appeal in Capital Cases; Counsel for Financially Unable
Defendants
"(qXD In any case in which the sentence of death is imposed under
this section, the sentence of death shall be subject to review by the
court of appeals upon appeal by the defendant. Notice of appeal
must be filed within the time prescribed for appeal of judgment in
section 2107 of title 28, United States Code. An appeal under this
section may be consolidated with an appeal of the judgment of
conviction. Such review shall have priority over all other cases.
"(2) On review of the sentence, the court of appeals shall consider
the record, the evidence submitted during the trial, the information
submitted during the sentencing hearing, the procedures employed
in the sentencing hearing, and the special findings returned under
this section.
"(3) The court shall affirm the sentence if it determines that—
"(A) the sentence of death was not imposed under the influ-
ence of passion, prejudice, or any other arbitrary factor; and
"(B) the information supports the special finding of the exist-
ence of every aggravating factor upon which the sentence was
based, together with, or the failure to find, any mitigating
factors as set forth or allowed in this section.
In all other cases the court shall remand the case for reconsider-
ation under this section. The court of appeals shall state in writing
the reasons for its disposition of the review of the sentence.
"(4)(A) Notwithstanding any other provision of law to the con-
trary, in every criminal action in which a defendant is charged with
a crime which may be punishable by death, a defendant who is or
becomes financially unable to obtain adequate representation or
investigative, expert, or other reasonably necessary services at any
time either—
"(i) before judgment; or
"(ii) after the entry of a judgment imposing a sentence of
death but before the execution of that judgment;
shall be entitled to the appointment of one or more attorneys and
the furnishing of such other services in accordance with paragraphs
(5), (6), (7), (8), and (9).
"(B) In any post conviction proceeding under section 2254 or 2255
of title 28, United States Code, seeking to vacate or set aside a death
sentence, any defendant who is or becomes financially unable to
obtain adequate representation or investigative, expert, or other
reasonably necessary services shall be entitled to the appointment of
102 STAT. 4394 PUBLIC LAW 100-690—NOV. 18, 1988
one or more attorneys and the furnishing of such other services in
accordance with paragraphs (5), (6), (7), (8), and (9).
"(5) If the appointment is made before judgment, at least one
attorney so appointed must have been admitted to practice in the
court in which the prosecution is to be tried for not less than five
years, and must have had not less than three years experience in
the actual trial of felony prosecutions in that court.
"(6) If the appointment is made after judgment, at least one
attorney so appointed must have been admitted to practice in the
court of appeals for not less than five years, and must have had not
less than three years experience in the handling of appeals in that
court in felony cases.
"(7) With respect to paragraphs (5) and (6), the court, for good
cause, may appoint another attorney whose background, knowledge,
or experience would otherwise enable him or her to properly rep-
resent the defendant, with due consideration to the seriousness of
the possible penalty and to the unique and complex nature of the
litigation.
"(8) Unless replaced by similarly qualified counsel upon the attor-
ney's own motion or upon motion of the defendant, each attorney so
appointed shall represent the defendant throughout every subse-
quent stage of available judicial proceedings, including pretrial
proceedings, trial, sentencing, motions for new trial, appeals, ap-
plications, for writ of certiorari to the Supreme Court of the United
States, and all available post-conviction process, together with ap-
plications for stays of execution and other appropriate motions and
procedures, and shall also represent the defendant in such com-
petency proceedings and proceedings for executive or other clem-
ency as may be available to the defendant.
"(9) Upon a finding in ex parte proceedings that investigative,
expert or other services are reasonably necessary for the representa-
tion of the defendant, whether in connection with issues relating to
guilt or sentence, the court shall authorize the defendant's attorneys
to obtain such services on behalf of the defendant and shall order
the payment of fees and expenses therefore, under paragraph (10).
Upon a finding that timely procurement of such services could not
practicably await prior authorization, the court may authorize the
provision of and payment for such services nunc pro tunc.
"(10) Notwithstanding the rates and maximum limits generally
applicable to criminal C£ises and any other provision of law to the
contrary, the court shall fix the compensation to be paid to attor-
neys appointed under this subsection and the fees and expenses to
be paid for investigative, expert, and other reasonably necessary
services authorized under paragraph (9), at such rates or amounts as
the court determines to be reasonably necessary to carry out the
requirements of paragraphs (4) through (9).
"Refusal to Participate by State and Federal Correctional
Employees
"(r) No employee of any State department of corrections or the
Federal Bureau of Prisons and no employee providing services to
that department or bureau under contract shall be required, as a
condition of that employment, or contractual obligation to be in
attendance at or to participate in any execution carried out under
this section if such participation is contrary to the moral or religious
convictions of the employee. For purposes of this subsection, the
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4395
term 'participation in executions' includes personal preparation of
the condemned individual and the apparatus used for execution and
supervision of the activities of other personnel in carrying out such
activities.".
SEC. 7002. GAO STUDY OF THE COST OF EXECUTIONS. 21 USC 848 note.
(a) STUDY.—No later than three years after the date of the enact-
ment of this Act, the Comptroller General shall carry out a study to
review the cost of implementing the procedures for imposing and
carrying out a death sentence prescribed by this title.
(b) SpEcaFic REQUIREMENT.—Such study shall consider, but not be
limited to, information concerning impact on workload of the Fed-
eral prosecutors and judiciary and law enforcement necessary to
obtain capital sentences and executions under this Act.
(c) SUBMISSION OF REPORT.—Not later than four years after date of
the enactment of this Act, the Comptroller General shall submit to
Congress a report describing the results of the study.
Subtitle B—Minor and Technical Criminal Minor and
Technical
Law Amendments Criminal Law
Amendments
Act of 1988.
SEC 7011. SHORT TITLE. 18 u s e 1 note.
This subtitle may be cited as the "Minor and Technical Criminal
Law Amendments Act of 1988".
SEC. 7012. CORRECTION OF CROSS REFERENCE.
Section 38 of the Criminal Law and Procedure Technical Amend-
ments Act of 1986 is amended by striking "section 23" and inserting 18 USC 18.
"section 34".
SEC. 7013. CORRECTION OF ERRONEOUS REFERENCE.
Section 50(a) of the Criminal Law and Procedure Technical
Amendments Act of 1986 is amended by striking "1961(a)" and 18 USC 1961.
inserting "1961(1)".
SEC. 7014. CORRECTION OF MISPRINT. 18 USC 4217.
Section 58(g) of the Criminal Law and Procedure Technical
Amendments Act of 1986 is amended by striking "SECTION 3147 18 USC 3147.
AMENDMENTS.—Section 3147 of title" and inserting "REPEAL.—(1)
Title".
SEC. 7015. CORRECTION OF TYPOGRAPHICAL ERROR IN SECTION 31.
Section 31 of title 18, United States Clode, is amended by striking
"door in opened" and inserting "door is opened".
SEC. 7016. CORRECTION OF TYPOGRAPHICAL ERROR IN SECTION 32.
Section 32(aX3) of title 18, United States Code, is amended by
striking "intefering" and inserting "interfering".
SEC 7017. CORRECTION OF TYPOGRAPHICAL ERROR IN SECTION 152.
The third paragraph of section 152 of title 18, United States CJode
is amended by striking "penalty or perjury" and inserting "penalty
of perjury".
102 STAT. 4396 PUBLIC LAW 100-690—NOV. 18, 1988
SEC. 7018. CONSPIRACY AGAINST CIVIL RIGHTS.
(a) I N GENERAL.—Section 241 of title 18, United States Code, is
amended by striking "citizen" and inserting "inhabitant of any
State, Territory, or District".
(b) CONFORMING AMENDMENTS.—(1) The heading for section 241 of
title 18, United States Code, is amended by striking "of citizens".
(2) The item relating to section 241 in the table of sections at the
beginning of chapter 13 of title 18, United States Code, is amended
by striking "of citizens".
SEC. 7019. DEPRIVATION OF CIVIL RIGHTS.
Section 242 of title 18, United States Code, is amended by insert-
ing "and if bodily injury results shall be fined under this title or
imprisoned not more than ten years, or both;" after "both;".
SEC. 7020. DESIGNATION OF ADDITIONAL HIGH LEVEL OFFICIALS OF
THE DEPARTMENT OF JUSTICE TO PERFORM CERTAIN FUNC-
TIONS RELATING TO CRIMINAL AND ANCILLARY PROCEED-
INGS.
(a) APPROVAL OF CERTAIN CIVIL RIGHTS PROSECUTIONS.—Section
245(a)(1) of title 18, United States Code, is amended—
(1) by striking "or the Deputy" and inserting ", the Deputy";
(2) by inserting ", the Associate Attorney General, or any
Assistant Attorney General specially designated by the Attor-
ney General" after "Deputy Attorney General".
(b) APPROVAL OF PROSECUTIONS FOR F U G H T TO AVOID SERVICE OF
PROCESS AND RELATED PROCEEDINGS.—Section 1073 of title 18,
United States Code, is amended by inserting ", the Deputy Attorney
General, the Associate Attorney General," after "the Attorney Gen-
eral".
(c) DEFINITION OF "ATTORNEY GENERAL" FOR PURPOSES OF CERTAIN
RACKETEERING PROCEEDINGS.—Section 1961(10) of title 18, United
States Code, is amended by inserting "the Associate Attorney Gen-
eral of the United States,' after "Deputy Attorney General of the
United States,".
(d) SUMMONING OF SPECIAL GRAND JURIES.—Section 3331(a) of title
18, United States Code, is amended by inserting ", the Associate
Attorney General" after "Deputy Attorney General".
(e) REQUESTING JUDICIAL GRANT OF IMMUNITY IN GENERAL.—Sec-
tion 6003(b) of title 18, United States Code, is amended—
(1) by inserting ", the Associate Attorney General" after
"Deputy Attorney General"; and
(2) by inserting "or Deputy Assistant Attorney General" after
"Assistant Attorney General".
(f) REQUESTING JUDICIAL GRANT OF IMMUNITY IN CERTAIN DRUG
CASES.—Section 514(c) of the Controlled Substances Act (21 U.S.C.
884(c)) is amended by inserting ", the Associate Attorney General"
after "Deputy Attorney General".
(g) OBJECTING TO DISCLOSURE OF CLASSIFIED INFORMATION UNDER
THE CLASSIFIED INFORMATION PROCEDURES ACT.—Section 14 of the
Classified Information Procedures Act (18 U.S.C. App. 14) is amend-
ed by inserting ", the Associate Attorney General,' after "Deputy
Attorney General".
SEC. 7021. OFF-HIGHWAY VEHICLE IDENTIFICATION OFFENSE.
Section 5530t)X2) of title 18, United States Code, is amended to read
as follows:
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4397
"(2XA) in the case of a motor vehicle, is not a violation of
section 511 of this title (relating to altering or removing motor
vehicle identification numbers); or
"(B) in the case of off-highway mobile equipment, would not
be a violation of section 511 of this title if such equipment were
a motor vehicle.".
SEC 7022. REDESIGNATION OF PARAGRAPHS IN SECTION 831.
Paragraphs (3) through (6) of section 831(e) of title 18, United
States Ck)de, are redesignated as paragraphs (2) through (5), respec-
tively.
S E C 7023. IDENTIFICATION FRAUD.
Section 1028(aX6) of title 18, United States Code, is amended—
(1) by inserting "knowingly" before "possesses";
(2) by inserting "lawful before "authority" the first place it
appears; and
(3) by inserting "such" before "authority" the second place it
appears.
SEC 7024. TRANSMISSION OF WAGERING INFORMATION.
(a) TRANSMISSION OP INFORMATION TO FOREIGN COUNTRIES.—Sec-
tion 1084(b) of title 18, United States Code, is amended by inserting
"or foreign country" after "State" each place it appears.
(b) DEFINITION OF "STATE".—(1) Section 1084 of title 18, United
States Code, is amended by adding at the end the following:
"(e) As used in this section, the term 'State' means a State of the
United States, the District of Columbia, the Ojmmonwealth of
Puerto Rico, or a territory or possession of the United States.".
(2) Section 1084(c) of title 18, United States Ckxie, is amended by
striking ", Conmionwealth of I*uerto Rico, territory, possession, or
the District of Columbia".
SEC 7025. PUNCTUATION CORRECTION IN SECTION 1111.
Section 1111(a) of title 18, United States Code, is amended by
inserting a comma after "arson".
SEC. 7026. PUNCTUATION CORRECTION IN SECTION 1114.
Section 1114 of title 18, Urdted States Code, is amended by strik-
ing the second comma after "terms of this section".
SEC 7027. CLARIFICATION OF RELATION BETWEEN TWO AMENDMENTS
MADE BY PUBLIC LAWS ENACTED IN THE 99TH CONGRESS.
Section 1153 of title 18, United States Code, is amended by strik-
ing "maiming" and all that follows through "incest" and inserting
"maiming, a felony under chapter 109A, incest".
SEC 7028. CORRECTION OF SUBSECTION DESIGNATION.
Section 1203 of title 18, United States Code, is amended by strik-
ing "(O" the last place it appears and inserting "(c)".
S E C 7029. OBSTRUCTION OF JUSTICE AMENDMENTS.
(a) EXPANSION OF VENUE FOR SECTIONS 1512 AND 1503 CASES.—
Section 1512 of title 18, United States Code, is amended by adding at
the end the following:
"(h) A proeecutlon under this section or section 1503 may be
brought in the district in which the official proceeding (whether or
not pending or about to be instituted) was intended to be affected or
102 STAT. 4398 PUBLIC LAW 100-690—NOV. 18, 1988
in the district in which the conduct constituting the alleged ofTense
occurred.".
(b) DEFINITION CHANGES.—Section 1515(aXlXA) of title 18, United
States Code, is amended by inserting "a judge of the United States
Tax Court, a special trial judge of the Tax Court, a judge of the
United States Claims Court," after "bankruptcy judge,".
(c) CORRUPT PERSUASION.—Section 1512(b) of title 18, United
States Code, is amended by striking "or threatens" and inserting
"threatens, or corruptly persuades".
(d) DEFINITION.—Section 1515(a) of title 18, United States C!ode, is
amended—
(1) by striking "and" at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting "; and"; and
(3) by adding at the end the following:
"(6) the term 'corruptly persuades' does not include conduct
which would be misleading conduct but for a lack of a state of
mind.".
SEC. 7030. CONFORMING AMENDMENT TO TABLE OF SECTIONS.
The item relating to section 1515 in the table of sections at the
beginning of chapter 73 of title 18, United States Code, is amended
by inserting "; general provision" after "provisions".
SEC. 7031. CROSS REFERENCE CORRECTIONS AND ADDITIONS.
Section 1956(cX7XD) of title 18, United States Code, is amended
by-
(1) striking "section 511" and inserting "section 513";
(2) striking "section 543" and inserting "section 545"; and
(3) inserting "section 657 (relating to lending, credit, and
insurance institutions), section 658 (relating to property mort-
gaged or pledged to farm credit agencies)," after "section 656
(relating to theft, embezzlement, or misapplication by bank
officer or employee),".
SEC. 7032. CROSS REFERENCE CORRECTION AND ADDITIONS.
Section 1961(1) of title 18, United States CJode, is amended by
striking "section 2320" and inserting "section 2321".
SEC. 7033. SYNTAX CORRECTION IN SECTION 1962.
Section 1962(d) of title 18, United States Oxie, is amended by
striking "subsections" and inserting "subsection".
SEC. 7034. SECTION 1963 AMENDMENTS.
(a) CORRECTION OF TYPOGRAPHICAL ERROR IN SUBSECTION (n).—
Section 1963(n) of title 18, United States Code, is amended by
striking "act of omission" and inserting "act or omission".
(b) REDESIGNATION.—Subsection (n) of section 1963 of title 18,
United States Code, is redesignated as subsection (m).
SEC. 7035. CLERICAL CORRECTION TO TABLE OF CONTENTS FOR CHAP-
TER 119.
The table of sections at the beginning of chapter 119 of title 18,
United States Code, is amended by striking "wire or oral" in the
items relating to sections 2511, 2512, 2513, 2516, 2517, 2518, and 2519
and inserting "wire, oral, or electronic".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4399
SEC. 7036. SECTION 2516 AMENDMENTS.
(a) SYNTAX CORRECTION.—Section 2516(1) of title 18, United States
Code, is amended—
(1) by inserting "or" after "Associate Attorney General,", and
(2) by striking the comma that follows a comma.
(b) CORRECTION OF CROSS-REFERENCES.—Section 2516(lXc) of title
18, United States Code, is amended—
(1) by striking "the second section 2320" and inserting "sec-
tion 2321"; and
(2) by striking "section 2252 or 2253 (sexual exploitation of
children),".
(c) PUNCTUATION CORRECTIONS.—
(1) section 2516(lXa) is amended by striking "(relating to
riots);" and inserting "(relating to riots),";
(2) section 2516(1)0) is amended by striking "or;"; and
(3) section 2516(lXk) is amended by inserting "or" at the end
thereof.
SEC. 7037. CORRECTION OF CROSS REFERENCE.
Section 2702(bX2) of title 18, United States Code, is amended by
striking "2516" and inserting "2517".
SEC. 7038. G O V E R N M E N T A L ACCESS TO CONTENTS OF ELECTRONIC
COMMUNICATIONS IN AND RECORDS OF A REMOTE COMPUT-
ING SERVICE.
Sections 2703(bXlXBXi) and 2703(cXlXBXi) of title 18, United
States Code, are amended by inserting "or trial" after "grand jury".
SEC. 7039. DEFINITION OF COURT FOR CERTAIN APPLICATIONS.
Section 2703(d) of title 18, United States Code, is amended by
inserting "may be issued by any court that is a court of competent
jurisdiction set forth in section 3126(2XA) of this title and" before
"shall issue".
SEC. 7040. SECTION 3124 AMENDMENT.
Section 31240b) of title 18, United States Code, is amended by
inserting "order" after "court" the last place it appears.
SEC. 7041. SENTENCING CLASSIFICATION OF OFFENSES.
(a) REDESIGNATION.—Section 3559(a) of title 18, United States
Code, is amended—
(1) by striking "classified—" and all that follows through
"is—" and inserting "classified if the maximum term of impris-
onment authorized is—"; and
(2) by redesignating subparagraphs (A) through (I) as para-
graphs (1) through (9).
(b) CLASS B CLASSIFICATION.—Section 3559(a) of title 18, United
States Code, is amended in each of paragraphs (2) and (3) (as so
redesignated by subsection (a)), by striking "twenty" and inserting
"twenty-five".
SEC. 7042. CORRECTION OF CROSS REFERENCES.
Subsection (h) of section 3663 of title 18, United States Code, is
amended to read as follows:
"(h) An order of restitution may be enforced—
"(1) by the United States—
"(A) in the manner provided for the collection and pay-
ment of fines in subchapter B of chapter 229 of this title; or
102 STAT. 4400 PUBLIC LAW 100-690—NOV. 18, 1988
- — "(B) in the same manner as a judgment in a civil action;
and
"(2) by a victim named in the order to receive the restitution,
in the same manner as a judgment in a civil action.".
SEC. 7043. FURLOUGH OF CERTAIN INDIVIDUALS ORDERED TO BE
COMMITTED FOR INSANITY.
Section 4243 of title 18, United States Code, is amended by adding
at the end thereof the following:
"(h) LIMITATIONS ON FURLOUGHS.—An individual who is hospital-
ized under subsection (e) of this section after being found not guilty
only by reason of insanity of an offense for which subsection (d) of
this section creates a burden of proof of clear and convincing
evidence, may leave temporarily the premises of the facility in
which that individual is hospitalized only—
"(1) with the approval of the committing court, upon notice to
the attorney for the Government and such individual, and after
opportunity for a hearing;
"(2) in an emergency; or
"(3) when accompanied by a Federal law enforcement officer
(as defined in section 115 of this title).".
SEC. 7044. PERIODIC REPORTS RELATING TO CERTAIN HOSPITALIZED
PERSONS.
Section 4247(e)(lXB) of title 18, United States Code, is amended by
adding at the end thereof the following: "A copy of each such report
concerning a person hospitalized after the beginning of a prosecu-
tion of that person for violation of section 871, 879, or 1751 of this
title shall be submitted to the Director of the United States Secret
Classified Service. Except with the prior approval of the court, the Secret
information. Service shall not use or disclose the information in these copies for
any purpose other than carrying out protective duties under section
3056(a) of this title.".
SEC. 7045. INSERTION OF MISSING CLOSE PARENTHESIS.
The last paragraph of section 5034 of title 18, United States Code,
is amended by striking "facility upon" and inserting "facility)
upon".
SEC. 7046. AMENDMENT TO RULES OF EVIDENCE CONFORMING
TERMINOLOGY RELATING TO SEX OFFENSES.
28 use app. (a) IN GENERAL.—Rule 412 of the Federal Rules of Evidence is
amended—
(1) in the heading of such rule, by striking "Rape" and
inserting "Sex Offense";
(2) in subdivisions (a) and (b), by striking "rape or of assault
with intent to commit rape" each place it appears and inserting
"an offense under chapter 109A of title 18, United States Code";
(3) in subdivision (a), by striking "rape or assault" and insert-
ing "offense";
(4) by striking "rape or assault with intent to commit rape"
each place it appears and inserting "an offense under chapter
109A of title 18, United States Code"; and
(5) in subdivision Ot))(2)(B), by striking "rape or assault" and
inserting "such offense".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4401
(b) CLERICAL AMENDMENT.—The item relating to rule 412 in the
table of contents at the b a n n i n g of the Federal Rules of Evidence is
amended by striking "Rape" and inserting "Sex Offense".
SEC. 7047. EXTENSION OF POWER TO MAKE CERTAIN EXAMINATIONS TO
PSYCHOLOGISTS.
(a) SECTION 4247(b).—Section 4247(b) of title 18, United States
Code, is amended by striking "clinical psychologist" and inserting
"psychologist".
(b) CONFORMING AMENDMENT TO RULE 35.—Rule 35 of the Federal
Rules of Civil Procedure is amended— 28 USC app.
(1) in subdivision (a), by striking "physical or mental examina-
tion by a physician" and inserting "physical examination by a
physician, or mental examination by a physician or psychol-
ogist";
(2) in subdivision (b), by inserting "or psychologist" after
"physician" each time it appears, and by adding "or psy-
chologist" to the heading of the subdivision; and
(3) by adding at the end the following new subdivision:
"(c) DEFINITIONS.—For the purpose of this rule, a psychologist is
a psychologist licensed or certified by a State or the District of
Columbia.".
SEC. 7048. SYNTACTICAL CORRECTION RELATING TO CERTAIN COUNTER-
FEIT OR FORGED ITEMS.
The second paragraph of section 2315 of title 18, United States
Code, is amended by striking "which have crossed a State or United
States boundary after being stolen, unlawfully converted, or taken"
and inserting "moving as, or which are a part of, or which constitute
interstate or foreign commerce".
SEC. 7049. FORM CORRECTION IN FEDERAL RULES OF CIVIL PROCEDURE.
Rule 17(a) of the Federal Rules of Civil Procedure is amended by 28 USC app.
striking "with him".
SEC. 70.50. PUNCTUATION CORRECTION IN FEDERAL RULES OF CIVIL
PROCEDURE.
Rule 71A(e) is amended by striking "taking of the defendants
property" and inserting "taking of the defendant's property".
SEC. 7051. DEFINITION OF "UNITED STATES" IN REFERENCE TO
TERRORIST ACTS.
Section 3077(4) of title 18, United States Code, is amended to read
as follows:
"(4) 'United States,' when used in a geographical sense, in-
cludes Puerto Rico and all territories and possessions of the
United States;".
SEC 7052. CROSS REFERENCES PERTAINING TO ARREST AUTHORITY FOR
VIOLATION OF RELEASE CONDITIONS.
Section 3062 of title 18, United States CJode, is amended by strik-
ing "a condition impeded on the person pursuant to section 3142
(cX2XD), (cX2)(E), (cX2XH), (cX2XI), or (cX2XM), or, if the violation
involves a failure to remain in a specified institution as required, a
condition imposed pursuant to section 3142(cX2XJ)" and inserting "a
condition imposed on the person pursuant to section 3142(cXlXB)
(iv), (v), (viii), (ix), or (xiii), or, if the violation involves a failure to
102 STAT. 4402 PUBLIC LAW 100-690—NOV. 18, 1988
remain in a specified institution as required, a condition imposed
pursuant to section 3142(c)(l)(B)(x)".
SEC. 7053. RENUMBERING OF SECTIONS IN CHAPTER 95.
(a) SECTION 1958.—Section 1952A of title 18, United States Code, is
redesignated as section 1958.
(b) SECTION 1959.—Section 1952B of title 18, United States Code, is
redesignated as section 1959.
(c) TABLE OF SECTIONS.—The table of sections at the beginning of
chapter 95 of title 18, United States Code, is amended—
(1) by striking "1952A" and inserting "1958";
(2) by striking "1952B" and inserting "1959"; and
(3) by inserting the items for redesignated sections 1958 and
1959 at the end of the table.
(d) SECTION 2516(c).—Section 2516(c) of title 18, United States
Code, is amended—
(1) by striking "1952A" and inserting "1958"; and
(2) by striking "1952B" and inserting "1959".
SEC. 7054. ADDITION OF RICO PREDICATE.
"• Section 1961(1XB) of title 18, United States Code, is amended—
(1) by inserting after "section 1957 (relating to engaging in
monetary transactions in property derived from specified un-
lawful activity)" the following: ", section 1958 (relating to use of
interstate commerce facilities in the commission of murder-for-
hire), sections 2251-2252 (relating to sexual exploitation of chil-
dren)"; and
(2) by inserting after "sections 891-894 (relating to extortion-
ate credit transactions)" the following: ", section 1029 (relative
to fraud and related activity in connection with access devices)".
SEC. 7055. PROVISION OF MISDEMEANOR PENALTY FOR CERTAIN
ESCAPES.
Sections 751(a) and 752(a) of title 18, United States Code, are
amended by inserting ", or for exclusion or expulsion proceedings
under the immigration laws," after "extradition".
SEC. 7056. CLARIFICATION OF PREDICATE OFFENSE REQUIREMENTS FOR
ARMED CAREER CRIMINAL ACT.
Section 924(e)(1) of title 18, United States Code, is amended by
inserting "committed on occasions different from one another,"
after "for a violent felony or a serious drug offense, or both,"
SEC. 7057. TRANSPORTATION AND RECEIPT OF STOLEN SECURITIES.
(a) TRANSMISSION OR TRANSFER.—The first paragraph of section
2314 of title 18, United States Code, is amended by striking "trans-
ports" and inserting "transports, transmits, or transfers".
(b) INAPPUCABIUTY OF SECTION.—The final paragraphs of sections
2314 and 2315 of title 18, United States Code, are amended—
(1) by striking "or by a bank or corporation of any foreign
country"; and
(2) by adding at the end thereof: "This section also shall not
apply to any falsely made, forged, altered, counterfeited, or
spurious representation of any bank note or bill issued by a
bank or corporation of any foreign country which is intended by
the laws or usage of such country to circulate as money.".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4403
SEC. 7058. MAXIMUM PENALTY ADJUSTMENTS.
(a) ABUSIVE SEXUAL CONTACT.—Section 2244(a) of title 18, United
States Code, is amended—
(1) in paragraph (1) by striking "five years" and inserting "ten
years"; and
(2) in paragraph (3) by striking "one year" and inserting "two
years".
(b) MURDER FOR HIRE.—Section 1958 of title 18, United States
Code, is amended by striking "five years" and inserting "ten years".
(c) ATTEMPTED MURDER.—Section 1113 of title 18, United States
Code, is amended by striking "shall be fined not more than $1,000 or
imprisoned not more than three years, or both" and inserting "shall,
for an attempt to commit murder be imprisoned not more than
twenty years or fined under this title, or both, and for an attempt to
commit manslaughter be imprisoned not more than three years or
fined under this title, or both."
(d) RACKETEERING INFLUENCED AND CORRUPT ORGANIZATIONS.—
Section 1963(a) of title 18, United States Code, is amended by
striking "shall be fined not more than $25,000 or imprisoned not
more than twenty years, or both" and inserting "shall be fined
under this title or imprisoned not more than 20 years (or for life if
the violation is based on a racketeering activity for which the
maximum penalty includes life imprisonment), or both.".
SEC. 7059. I N T E R S T A T E AGREEMENT ON DETAINERS ACT AMENDMENTS.
The Interstate Agreement on Detainers Act (84 Stat. 1397) is
amended by adding at the end thereof the following new section:
"§ 9. Special Provisions when United States is a Receiving State 18 use app.
"Notwithstanding any provision of the agreement on detainers to
the contrary, in a case in which the United States is a receiving
State—
"(1) any order of a court dismissing any indictment, informa-
tion, or complaint may be with or without prejudice. In deter-
mining whether to dismiss the case with or without prejudice,
the court shall consider, among others, each of the following
factors: The seriousness of the offense; the facts and cir-
cumstances of the case which led to the dismissal; and the
impact of a reprosecution on the administration of the agree-
ment on detainers and on the administration of justice; and
"(2) it shall not be a violation of the agreement on detainers if
prior to trial the prisoner is returned to the custody of the
sending State pursuant to an order of the appropriate court
issued after reasonable notice to the prisoner and the United
States and an opportunity for a hearing.".
SEC. 7060. CLERICAL CORRECTIONS RELATING TO CHAPTER 44.
(a) SECTION 924(C) AMENDMENTS.—Paragraph (1) of section 924(c)
of title 18, United States Code, is amended—
(1) by striking "crime,," the first place it appears and insert-
ing "crime";
(2) by striking "crime,," each other place it appears and
inserting "crime,";
(3) bv striking "including a crime" and inserting "(including a
crime';
(4) by striking "crime, which" and inserting "crime which";
(5) by striking "device, for" and inserting "device) for"; and
102 STAT. 4404 PUBLIC LAW 100-690—NOV. 18, 1988
(6) by striking ", or drug trafficking crime".
(b) SECTION 929 AMENDMENT.—Paragraph (1) of section 929(a) of
title 18, United States Code, is amended by striking "crime," each
place it appears and inserting "crime".
(c) SECTION 922(g) AMENDMENT.—Section 922(gX3) of title 18,
United States Code, is amended by inserting "who" before "is an
unlawful user".
(d) SECTION 923 AMENDMENTS.—Section 923 of title 18, United
States Code, is amended—
(1) in subsection (a), by striking the period that follows
"licensing"; and
(2) in subsection (fK3), by striking the period that follows a
period.
SEC. 7061. INSERTION OF MISSING SUBSECTION HEADING.
Section 2706(c) of title 18, United States Code, is amended by
inserting "EXCEPTION.—" after "(c)".
SEC. 7062. INSERTION OF MISSING TABLE.
Chapter 113A of title 18, United States Code, is amended by
inserting after the heading of such chapter the following table:
"Sec. 2331. Terrorist acts abroad against United States nationals.".
SEC. 7063. CORRECTION OF ITEMS IN TABLES OF CHAPTERS.
(a) CHAPTER 113A.—The item relating to chapter 113A in the table
of sections at the beginning of part I of title 18, United States Code,
is amended by striking the final period and inserting
" 2331''.
(b) CHAPTER 121.—The item relating to chapter 121 in the table of
sections at the beginning of part I of title 18, United States (Dode, is
amended by striking "Wire and Electronic Communications and
Transactional Records Access" and inserting "wire and electronic
communications and transactional records access".
(c) CHAPTER 17A.—The item relating to chapter 17A in the table of
sections at the beginning of part I of title 18, United States Code, is
amended by striking "Carrier Operation Under the Influence of
Alcohol or Drugs" and inserting ' carrier operation under the influ-
ence of alcohol or drugs 341".
(d) CHAPTER 109A.—The item relating to chapter 109A in the table
of sections at the beginning of part I of title 18, United States Code,
is amended by striking "Abuse' and inserting "abuse".
(e) CHAPTER 11.—The item relating to chapter 11 in the table of
sections at the beginning of part I of title 18, United States Code, is
amended by striking "Bribery and graft" and inserting "Bribery,
graft, and conflicts of interest'.
SEC. 7064. INSERTION OF MISSING LETTER.
Section 794(dX4) of title 18, United States Code, is amended by
striking "amount" and inserting "amounts".
SEC. 7065. PUNCTUATION CORRECTION.
Section 1030(aX2) of title 18, United States (Dode, is amended—
(1) by striking the comma that follows a comma; and
(2) by inserting a comma after "financial institution".
SEC. 7066. REFERENCE CORRECTION.
Section 2232(c) of title 18, United States Code, is amended by
inserting "of 1978" after "Surveillance Act".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4405
SEC. 7067. CONFORMING AMENDMENT TO TABLE OF SECTIONS.
The item relating to section 2710 in the table of sections at the
beginning of chapter 121 of title 18, United States Code, is amended
by inserting "for chapter" after "Definitions".
SEC. 7068. CORRECTION OF ITEM IN TABLE OF SECTIONS FOR CHAPTER
206.
The item relating to section 3123 in the table of sections at the
beginning of chapter 206 of title 18, United States C!ode, is amended
by striking "trap or trace" and inserting "trap and trace".
SEC. 7069. CORRECTION OF ITEMS IN TABLE OF SECTIONS FOR CHAPTER
46.
The items in the table of sections at the beginning of chapter 46 of
title 18, United States Code, are each amended by striking "Forfeit-
ure" and inserting "forfeiture".
SEC. 7070. CORRECTION OF TYPOGRAPHICAL ERROR.
Section 2422 of title 18, United States Code, is amended by strik-
ing "of foreign commerce" and inserting "or foreign commerce"
SEC. 7071. CONFORMING AMENDMENT TO TABLE OF SECTIONS FOR
CHAPTER 117.
The item relating to section 2424 in the table of sections at the
beginning of chapter 117 of title 18, United States Code, is amended
by striking "female" and inserting "individual".
SEC. 7072. ELIMINATION OF CROSS REFERENCES TO REPEALED SECTION.
(a) SECTION 3401.—Section 3401(g) of title 18, United States Code,
is amended by striking "and section 4216".
0)) SECTION 3522.—Section 3522(c) of title 18, United States Code,
is amended by striking "4216" and inserting "4215".
(c) SECTION 4106.—Section 4106(b) of title 18, United States Code,
is amended by striking "4216" and inserting "4215".
SEC. 7073. INSERTION OF MISSING WORD.
Section 3142(cX3) of title 18, United States Code, is amended by
inserting "the" before "order".
SEC. 7074. INSERTION OF MISSING COMMA.
Section 351(a) of title 18, United States Code, is amended by
inserting a comma after "(as defined in section 3056 of this title)".
SEC. 7075. CORRECTIONS OF ERRORS IN FEDERAL RULES OF EVIDENCE. 28 USC app.
(a) INSERTION OF MISSING WORD.—Rule 615 of the Federal Rules of
Evidence is amended by inserting "a" before "party which is not a
natural person.".
Ot)) SYNTAX CORRECTION.—Rule 804(aX5) of the Federal Rules of
Evidence is amended by striking "subdivisions" and inserting "sub-
division".
(c) CORRECTION OF CAPITAUZATION.—Rule 1101(a) of the Federal
Rules of Evidence is amended— /
(1) by striking "Rules" and inserting "rules"; and
(2) by striking "Courts of Appeals" and inserting "courts of
appeals".
102 STAT. 4406 PUBLIC LAW 100-690—NOV. 18, 1988
SEC 7076. SUPERVISED RELEASE.
ISUSCapp. Rule ll(cXl) of the Federal Rules of Criminal Procedure is
amended by adding "or term of supervised release" after "special
parole term".
SEC. 7077. INJUNCTIONS AGAINST FRAUD.
Section 1345 of title 18, United States Code, is amended by adding
"or of section 287, 371 (insofar as such violation involves a conspir-
acy to defraud the United States or any agency thereof), or 1001 of
this title" after "violation of this chapter,".
SEC. 7078. OBSTRUCTION OP FEDERAL AUDIT.
(a) OFFENSE.—Chapter 73 of title 18, United States Code, is
amended by adding at the end thereof the following new section:
"§ 1516. Obstruction of Federal audit
Fraud. "(a) Whoever, with intent to deceive or defraud the United States,
Contracts. endeavors to influence, obstruct, or impede a Federal auditor in the
performance of official duties relating to a person receiving in excess
of $100,000, directly or indirectly, from the United States in any 1
year period under a contract or subcontract, shall be fined under
this title, or imprisoned not more than 5 years, or both.
"(b) For purposes of this section the term 'Federal auditor' means
any person employed on a full- or part-time or contractual beisis to
perform an audit or a quality assurance inspection for or on behalf
of the United States.".
(b) CLERICAL AMENDMENT.—The table of sections at the beginning
of chapter 73 of title 18, United States Code, is amended by adding
at the end thereof the following new item:
"1516. Obstruction of Federal audit.".
SEC. 7079. UNAUTHORIZED USE OF THE TERM "SECRET SERVICE".
(a) UNAUTHORIZED USE.—Section 709 of title 18, United States
Code, is amended by inserting after the undesignated paragraph
relating to the Federal Bureau of Investigations the following new
paragraph:
"Whoever, except with written permission of the Director of the
United States Secret Service, knowingly uses the words 'Secret
Service', 'Secret Service Uniformed Division', the initials 'U.S.S.S.',
'U.D', or any colorable imitation of such words or initials, in
connection with, or as a part of any advertisement, circular, book,
pamphlet or other publication, play, motion picture, broadcast, tele-
cast, other production, product, or item, in a manner reasonably
calculated to convey the impression that such advertisement, cir-
cular, book, pamphlet or other publication, product, or item, is
approved, endorsed, or authorized by or associated in any manner
with, the United States Secret Service, or the United States Secret
Service Uniformed Division; or".
18 use 709 note. (b) EFFECTIVE DATE.—This section shall take effect 90 days after
the date of enactment of this Act.
SEC. 7080. AGGREGATION TO PERMIT PROSECUTION OF CERTAIN
SCHEMES TO DEFRAUD MULTIPLE VICTIMS.
The second paragraph of section 2314 of title 18, United States
Code, is amended by inserting "or persons" after "person" the first
place it appears, and by inserting ' or those persons ' after "person"
the second place it appears.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4407
SEC. 7081. TIME FOR REFILING INDICTMENT OR INFORMATION FOLLOW-
ING DISMISSAL.
(a) INDICTMENT WHERE DEFECT FOUND AFTER PERIOD OF LIMITA-
TIONS.—Section 3288 of title 18, United States Code, is amended—
(1) by inserting after "within six calendar months of the date
of the dismissal of the indictment or information" the following:
", or, in the event of an appeal, within 60 days of the date the
dismissal of the indictment or information becomes final";
(2) by striking all beginning with "Whenever" through "for
any cause," and inserting "Whenever an indictment or informa-
tion charging a felony is dismissed for any reason";
(3) by adding at the end thereof the following: "This section
does not permit the filing of a new indictment or information
where the reason for the dismissal was the failure to file the
indictment or information within the period prescribed by the
applicable statute of limitations, or some other reason that
would bar a new prosecution."; and
(4) so that the section heading reads as follows:
*'§3288. Indictments and information dismissed after period of
limitations"
OJ) INDICTMENT WHERE DEFECT FOUND BEFORE PERIOD OF LIMITA-
TIONS.—Section 3289 of title 18, United States Code, is amended—
(1) by inserting after "within six calendar months of the date
of the dismissal of the indictment or information" the following:
"or, in the event of an appeal, within 60 days of the date the
dismissal of the indictment or information becomes final";
(2) by striking all beginning with "Whenever" through "for
any cause," and inserting "Whenever an indictment or informa-
tion charging a felony is dismissed for any reason";
(3) by adding at the end thereof the following: "This section
does not permit the filing of a new indictment or information
where the reason for the dismissal was the failure to file the
indictment or information within the period prescribed by the
applicable statute of limitations, or some other reason that
would bar a new prosecution."; and
(4) so that the section heading reads as follows:
"§3289. Indictments and information dismissed before period of
limitations".
(c) CLERICAL AMENDMENT.—The table of sections at the beginning
of chapter 213 of title 18, United States Code, is amended by striking
the items for sections 3288 and 3289 and inserting the following:
"3288. Indictments and information dismissed after period of limitations.
"3289. Indictments and information dismissed before period of limitations.".
SEC. 7082. CRIMINAL FINES AMENDMENTS.
(a) APPLICATION OF GOVERNMENT PETITION FOR MODIFICATION OR
REMISSION OF FINES TO OLD FINES.—Section 3573 of title 18, United
States Code, is amended by adding at the end thereof the following:
"This section shall apply to all fines and assessments irrespective of
the date of imposition. .
(b) APPUCATION OF STATUTE OP LIMITATIONS FOR SPECIAL ASSESS-
MENTS TO OLD ASSESSMENTS.—Section 3013(c) of title 18, United
States Code, is amended by adding at the end thereof the following:
"This subsection shall apply to all assessments irrespective of the
date of imposition.".
102 STAT. 4408 PUBLIC LAW 100-690—NOV. 18, 1988
(c) APPUCATION OF WAIVER BY ATTORNEY GENERAL OF INTEREST OR
PENALTY RELATING TO FINES TO OLD FINES.—Section 3612(h) of title
18, United States Code, is amended by inserting "or any interest or
penalty relating to a fine imposed under any prior law" after "under
this section".
(d) NOTICE REQUIREMENTS.—Sections 3612(d) and (e) of title 18,
United States Code, are amended by striking ", by certified mail,".
SEC. 7083. SYNTAX CORRECTION TO MINIMUM SENTENCE PROVISION.
Section 994(n) of title 28, United States Code, is amended by
striking "as minimum sentence" and inserting "as a minimum
sentence".
SEC. 7084. REFUND OF FORFEITED BAIL.
(a) OFFENSE.—Chapter 207 of title 18, United States Code, is
amended by adding the following new section after section 3150:
"§ 3151. Refund of forfeited bail
"Appropriations available to refund money erroneously received
and deposited in the Treasury are available to refund any part of
forfeited bail deposited into the Treasury and ordered remitted
under the Federal Rules of Criminal Procedure.".
0)) SECTION ANALYSIS.—The section analysis for chapter 207 of
title 18, United States Code, is amended by inserting at the appro-
priate place the following new item:
"3151. Refund of forfeited bail.".
SEC. 7085. SPECIAL ASSESSMENTS ON PERSONS CONVICTED OF
OFFENSES.
Paragraph (1) of section 3013(a) of title 18, United States C!ode, is
amended to read as follows:
"(1) in the case of an infraction or a misdemeanor—
"(A) if the defendant is an individual—
"(i) the amount of $5 in the case of an infraction or a
class C misdemeanor;
"(ii) the amount of $10 in the case of a class B
misdemeanor; and
"(iii) the amount of $25 in the case of a class A
misdemeanor; and
"(B) if the defendant is a person other than an individ-
ual—
"(i) the amount of $25 in the case of a infraction or a
class C misdemeanor;
"(ii) the amount of $50 in the case of a class B
misdemeanor; and
"(iii) the amount of $125 in the case of a class A
misdemeanor.".
SEC. 7086. CONDITIONS OF PROBATION.
Section 3563(aX2) of title 18, United States Code, is amended by
inserting before the period ", unless the court finds on the record
that extraordinary circumstances exist that would make such a
condition plainly unreasonable, in which event the court shall
impose one or more of the other conditions set forth under subsec-
tion (b)".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4409
SEC. 7087. AUTHORITY TO OBTAIN ARREST WARRANT FOR FOREIGN FU- District of
GITIVE WHOSE SPECIFIC WHEREABOUTS ARE NOT KNOWN. Columbia.
Section 3184 of title 18, United States Code, is amended by insert-
ing after the first sentence the following: "Such complaint may be
filed before and such warrant may be issued by a judge or mag-
istrate of the United States District Court for the District of Colum-
bia if the whereabouts within the United States of the person
charged are not known.".
SEC. 7088. MISUSE OF SOCIAL SECURITY NUMBER.
Section 208 of the Social Security Act (42 U.S.C. 408) is amended—
(1) in the first undesignated paragraph, by striking "not more
than $5,000" after "shall be fined" and inserting "under title 18,
United States Code,";
(2) in the second undesignated paragraph, by striking "not
more than $25,000" after "shall be fined" and inserting "under
title 18, United States Code,"; and
(3) adding at the end the following: "For the purpose of
subsection (g), the terms 'social security number' and 'social
security account number' mean such numbers as are assigned
by the Secretary under section 405(cX2) of this title whether or
not, in actual use, such numbers are called social security
numbers.".
SEC. 7089. PETTY OFFENSE AMENDMENTS.
(a) TITLE 18.—Section 19 of title 18, United States Code, is
amended by inserting ", for which the maximum fine is no greater
than the amount set forth for such an offense in section 357lOt)) (6)
or (7) in the case of an individual or section 3571(c) (6) or (7) in the
case of an organization" after "infraction".
Ob) RULES OF PROCEDURE.—Rule 9 of the Rules of Procedure for the
Trial of Misdemeanors before United States Magistrates is amended 18 USC app.
to read as follows:
"Rule 9. Definition
"As used in these rules, 'petty offense' has the meaning set forth
in 18 U.S.C. § 19.".
(c) FEDERAL RULES OF CRIMINAL PROCEDURE.—Rule 54 of the Fed-
eral Rules of Criminal Procedure is eimended in the definition of 18 USC app.
"petty offense" to read as follows:
" 'Petty offense' has the meaning set forth in 18 U.S.C. 19.".
SEC. 7090. NONMAILABILITY OF LOCKSMITHING DEVICES.
(a) IN GENERAL.—Title 39, United States C!ode, is amended by
inserting after section 3002 the following:
"§ 3002a. Nonmailability of locksmithing devices.
"(a) Any locksmithing device is nonmailable mail, shall not be
carried or delivered by mail, and shall be disposed of as the Postal
Service directs, unless such device is mailed to—
"(1) a lock manufacturer or distributor;
"(2) a bona fide locksmith;
"(3) a bona fide repossessor; or
"(4) a motor vehicle manufacturer or dealer.
"(b) For the purpose of this section, 'locksmithing device' means—
"(1) a device or tool (other than a key) designed to manipulate
the tumblers in a lock into the unlocked position through the
kejrway of such lock;
102 STAT. 4410 PUBLIC LAW 100-690—NOV. 18, 1988
"(2) a device or tool (other than a key or a device or tool under
paragraph (1)) designed for the unauthorized opening or bypass-
ing of a lock or similar security device; and
*(3) a device or tool designed for making an impression of a
key or similar security device to duplicate such key or device.".
ft)) CLERICAL AMENDMENT.—The table of sections at the beginning
of chapter 30 of title 39, United States Code, is amended by inserting
after the item relating to section 3002 the following:
"3002a. Nonmailability of locksmithing devices.".
(c) PENALTIES.—Section 1716A of title 18, United States Code, is
amended—
(1) by inserting "locksmithing devices and" before "motor
vehicle" in the section heading;
(2) by inserting "(a)" before Whoever"; and
(3) by striking out "fined not more than $1,000, or" and
inserting "under this title"; and
(4) by adding at the end the following:
"(h) Whoever knowingly deposits for mailing or delivery, causes to
be delivered by mail, or causes to be delivered by any interstate
mailing or delivery other than by the United States Postal Service,
any matter declared to be nonmailable by section 3002a of title 39,
shall be fined under this title, imprisoned not more than one year,
or both.".
(d) CLERICAL AMENDMENT.—The table of sections for chapter 83 of
title 18, United States Code, is amended by striking out the item
relating to section 1716A and inserting the following:
"1716A. Nonmailable locksmithing devices and motor vehicle master keys.".
SEC. 7091. BAIL PENDING APPEAL.
Section 314303) of title 18, United States Code, is amended by—
(1) striking subparagraph (2) and inserting the following:
"(2) that the appeal is not for the purpose of delay and raises
a substantial question of law or fact likely to result in—
"(A) reversal,
"(B) an order for a new trial,
"(C) a sentence that does not include a term of imprison-
ment, or
"(D) a reduced sentence to a term of imprisonment less
than the total of the time already served plus the expected
duration of the appeal process."; and
(2) inserting before the final period the following: ", except
that in the circumstance described in paragraph (b)(2)(D), the
judicial officer shall order the detention terminated at the
expiration of the likely reduced sentence".
SEC. 7092. EMERGENCY PEN REGISTER AND TRAP AND TRACE DEVICE
INSTALLATION.
(a) Chapter 206 of title 18, United States Code is amended—
(1) by renumbering sections 3125 and 3126 as sections 3126
and 3127 respectively; and
(2) by adding after section 3124 the following new section:
"§ 3125. Emergency pen register and trap and trace device installa-
tion.
"(a) Notwithstanding any other provision of this chapter, any
investigative or law enforcement officer, specially designated by the
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4411
Attorney General, the Deputy Attorney General, the Associate
Attorney General, any Assistant Attorney General, any acting
Assistant Attorney General, or any Deputy Assistant Attorney Gen-
eral, or by the principal prosecuting attorney of any State or
subdivision thereof acting pursuant to a statute of that State, who
reasonably determines that—
"(1) an emergency situation exists that involves—
"(A) immediate danger of death or serious bodily injury
to any person; or
"(B) conspiratorial activities characteristic of organized
crime,
that requires the installation and use of a pen register or a trap
and trace device before an order authorizing such installation
and use can, with due diligence, be obtained, and
"(2) there are grounds upon which an order could be entered
under this chapter to authorize such installation and use 'may
have installed and use a pen register or trap and trace device if,
within forty-eight hours after the installation has occurred, or
begins to occur, an order approving the installation or use is
issued in accordance with section 3123 of this title.'
"(b) In the absence of an authorizing order, such use shall imme-
diately terminate when the information sought is obtained, when
the application for the order is denied or when forty-eight hours
have lapsed since the installation of the pen register or trap and
trace device, whichever is earlier.
"(c) The knowing installation or use by any investigative or law
enforcement officer of a pen register or trap and trace device
pursuant to subsection (a) without application for the authorizing
order within forty-eight hours of the installation shall constitute a
violation of this chapter.
"(d) A provider for a wire or electronic service, landlord, custo-
dian, or other person who furnished facilities or technical assistance
pursuant to this section shall be reasonably compensated for such
reasonable expenses incurred in providing such facilities and assist-
ance.".
(bXl) Section 3124(d) of title 18, United States Code, is amended by
adding after the words "court order under this chapter" the words
"or request pursuant to section 3125 of this title".
(2) Section 3124(e) of title 18, United States (Dode, is amended by
adding after the words "court order" the words "under this chapter,
a request pursuant to section 3125 of this title".
(c) The table of sections for chapter 206 of title 18, United States
Code, is amended—
(1) by renumbering the items for sections 3125 and 3126 as
sections 3126 and 3127, respectively; and
(2) by inserting the following new item: "3125. Emergency pen
register and trap and trace device installation".
(d) Section 3124(b) of title 18, United States Code, is amended by
adding after the words "shall be furnished" the words ", pursuant to
subsection 31230t)) or section 3125 of this title,".
SEC. 7093. AUTHORITY OF FEDERAL PRISON INDUSTRIES TO BORROW
AND INVEST FUNDS.
(a) GRANT OF AUTHORITY.—Chapter 307 of title 18, United States
Code, is amended by inserting after section 4128 the following new
section:
102 STAT. 4412 PUBLIC LAW 100-690—NOV. 18, 1988
"§ 4129. Authority to borrow and invest
"(aXD As approved by the board of directors, Federal Prison
Industries, to such extent and in such amounts as are provided in
appropriations Acts, is authorized to issue its obligations to the
Secretary of the Treasury, and the Secretary of the Treasury, in the
Secretary's discretion, may purchsise or agree to purchase any such
obligations, except that the aggregate amount of obligations issued
by Federal Prison Industries under this paragraph that are
outstanding at any time may not exceed 25 percent of the net worth
of the corporation. For purchases of such obligations by the Sec-
retary of the Treasury, the Secretary is authorized to use as a public
debt transaction the proceeds of the sale of any securities issued
under chapter 31 of title 31 after the date of the enactment of this
section, and the purposes for which securities may be issued under
that chapter are extended to include such purchases. Each purchase
of obligations by the Secretary of the Treasury under this subsection
shall be upon such terms and conditions as to yield a return at a
rate not less than a rate determined by the Secretary of the Treas-
ury, taking into consideration the current average yield on
outstanding marketable obligations of the United States of com-
parable maturity. For purposes of the first sentence of this para-
graph, the net worth of Federal Prison Industries is the amount by
which its assets (including capital) exceed its liabilities.
"(2) The Secretary of the Treasury may sell, upon such terms and
conditions and at such price or prices as the Secretary shall deter-
mine, any of the obligations acquired by the Secretary under this
subsection. All purchases and sales by the Secretary of the Treasury
of such obligations under this subsection shall be treated as public
debt transactions of the United States.
"(b) Federal Prison Industries may request the Secretary of the
Treasury to invest excess moneys from the Prison Industries Fund.
Such investments shall be in public debt securities with maturities
suitable to the needs of the corporation as determined by the board
of directors, and bearing interest at rates determined by the
Secretary of the Treasury, taking into consideration current market
yields on outstanding marketable obligations of the United States of
comparable maturities.".
(b) CONFORMING AMENDMENT.—The table of sections at the begin-
ning of chapter 307 of title 18, United States C!ode, is amended by
adding at the end the following new item:
"4129. Authority to borrow and invest.".
SEC. 7094. USE OF FUNDS.
Section 4126 of title 18, United States Code, is amended—
(1) by designating the first through fifth paragraphs as subsec-
tions (a) through (e), respectively;
(2) by amending subsection (c), as designated by paragraph (1)
of this section, to read as follows:
Corporations. "(c) The Corporation, in accordance with the laws generally ap-
plicable to the expenditures of the several departments, agencies,
and establishments of the Government, is authorized to employ the
fund, and any earnings that may accrue to the corporation—
"(1) as operating capital in performing the duties imposed by
this chapter;
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4413
"(2) in the lease, purchase, other acquisition, repair, alter-
ation, erection, and maintenance of industrial buildings and
equipment;
"(3) in the vocational training of inmates without regard to
their industrial or other assignments;
"(4) in paying, under rules and regulations promulgated by
the Attorney General, compensation to inmates employed in
any industry, or performing outstanding services in institu-
tional operations, and compensation to inmates or their depend-
ents for injuries suffered in any industry or in any work activity
in connection with the maintenance or operation of the institu-
tion in which the inmates are confined.
In no event may compensation for such injuries be paid in an
amount greater than that provided in chapter 81 of title 5."; and
(3) by adding at the end the following:
"(f) Funds available to the corporation may be used for the lease,
purchase, other acquisition, repair, alteration, erection, or mainte-
nance of facilities only to the extent such facilities are necessary for
the industrial operations of the corporation under this chapter. Such
funds may not be used for the construction or acquisition of penal or
correctional institutions, including camps described in section
4125.".
SEC. 7095. REPORTS TO CONGRESS.
Section 4127 of title 18, United States Code, is amended to read as
follows:
"The board of directors of Federal Prison Industries shall submit
an annual report to the Congress on the conduct of the business of
the corporation during each fiscal year, and on the condition of its
funds during such fiscal year. Such report shall include a statement
of the amount of obligations issued under section 4129(a)(1) during
such fiscal year, and an estimate of the amount of obligations that
will be so issued in the following fiscal year.".
SEC. 7096. GUIDELINES AND PUBLIC COMMENT ON NEW OR EXPANDED Corporations.
PRODUCTION BY FEDERAL PRISON INDUSTRIES.
Section 4122(b) of title 18, United States Code, is amended—
(1) by inserting "(1)" after "(b)";
(2) by striking out "all physically fit inmates in the United
States penal and correctional institutions" and inserting in lieu
thereof "the greatest number of those inmates in the United
States penal and correctional institutions who are eligible to
work as is reasonably possible"; and
(3) by adding at the end thereof the following:
"(2) Federal Prison Industries shall conduct its operations so as to Employment
produce products on an economic basis, but shall avoid capturing and
more than a reasonable share of the market among Federal depart- unemployment.
ments, agencies, and institutions for any specific product. Federal
Prison Industries shall concentrate on providing to the Federal
Government only those products which permit employment of the
greatest number of those inmates who are eligible to work as is
reasonably possible.
"(3) Federal Prison Industries shall diversify its products so that
its sales are distributed among its industries as broadly as possible.
"(4) Any decision by Federal Prison Industries to produce a new
product or to significantly expand the production of an existing
product shall be made by the board of directors of the corporation.
102 STAT. 4414 PUBLIC LAW 100-690—NOV. 18, 1988
Before the board of directors makes a final decision, the corporation
shall do the following:
"(A) The corporation shall prepare a detailed written analysis
of the probable impact on industry and free labor of the plans
for new production or expanded production. In such written
analysis the corporation shall, at a minimum, identify and
consider—
"(i) the number of vendors currently meeting the require-
ments of the Federal Government for the product;
Small business. "(ii) the proportion of the Federal Government market
for the product currently served by small businesses, small
disadvantaged businesses, or businesses operating in labor
surplus areas;
"(iii) the size of the Federal Government and non-Federal
Government markets for the product;
"(iv) the projected growth in the Federal Government
demand for the product; and
"(v) the projected ability of the Federal Government
market to sustain both Federal Prison Industries and pri-
vate vendors.
"(B) The corporation shall announce in a publication designed
to most effectively provide notice to potentially affected private
vendors the plans to produce any new product or to significantly
expand production of an existing product. The announcement
shall also indicate that the analysis prepared under subpara-
graph (A) is available through the corporation and shall invite
comments from private industry regarding the new production
or expanded production.
"(C) The corporation shall directly advise those affected trade
associations that the corporation can reasonably identify the
plans for new production or expanded production, and the
corporation shall invite such trade associations to submit com-
ments on those plans.
"(D) The corporation shall provide to the board of directors—
"(i) the analysis prepared under subparagraph (A) on the
proposal to produce a new product or to significantly
expand the production of an existing product,
"(ii) comments submitted to the corporation on the pro-
posal, and
"(iii) the corporation's recommendations for action on the
proposal in light of such comments.
In addition, the board of directors, before making a final decision
under this paragraph on a proposal, shall, upon the request of an
established trade association or other interested representatives of
private industry, provide a reasonable opportunity to such trade
association or other representatives to present comments directly to
the board of directors on the proposal.
Public "(5) Federal Prison Industries shall publish in the manner speci-
information. fied in paragraph (4XB) the final decision of the board with respect
to the production of a new product or the significant expansion of
the production of an existing product.
Public "(6) Federal Prison Industries shall publish, after the end of each
information. 6-month period, a list of sales by the corporation for that 6-month
period. Such list shall be made available to all interested parties.".
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4415
Subtitle C—Sentencing Amendments
SEC. 7101. PRISONERS TRANSFERRED TO THE UNITED STATES.
(a) PRISONERS TRANSFERRED TO THE UNITED STATES.—Chapter 306
of title 18, United States Code, is amended by inserting after section
4106 the following:
"§ 4106A. Transfer of offenders on parole; parole offenders trans-
ferred
"(a) Upon the receipt of an offender who is on parole from the
authorities of a foreign country, the Attorney General shall aissign
the offender to the United States Parole Commission for
supervision.
"OsXlXA) The United States Parole Commission shall, without
unnecessary delay, determine a release date and a period and
conditions of supervised release for an offender transferred to the
United States to serve a sentence of imprisonment, as though the
offender were convicted in a United States district court of a similar
offense.
"(B) In making such determination, the United States Parole
Commission shall consider—
"(i) any recommendation of the United States Probation Serv-
ice, including any recommendation as to the applicable guide-
line range; and
"(ii) any documents provided by the transferring country;
relating to that offender.
"(C) The combined periods of imprisonment and supervised re-
lease that result from such determination shall not exceed the term
of imprisonment imposed by the foreign court on that offender
"(D) The duties conferred on a United States probation officer
with respect to a defendant by section 3552 of this title shall, with
respect to an offender so transferred, be carried out by the United
States Probation Service.
"(2XA) A determination by the United States Parole Commission
under this subsection may be appealed to the United States court of
appeals for the circuit in which the offender is imprisoned at the
time of the determination of such Commission. Notice of appeal
must be filed not later than 45 days after receipt of notice of such
determination.
"(B) The court of appeals shall decide and dispose of the appeal in
accordance with section 3742 of this title £is though the determina-
tion appealed had been a sentence imposed by a United States
district court.
"(3) During the supervised release of an offender under this
subsection, the United States district court for the district in which
the offender resides shall supervise the offender.
"(c) This section shall apply only to offenses committed on or after
November 1,1987.".
(b) TECHNICAL AMENDMENT.—Section 4108(a) of title 18, United
States Code, is amended by striking out "including any term of
imprisonment" and all that follows through "28 U.S.C. 994(aXl),".
(c) CLERICAL AMENDMENT.—The table of sections at the beginning
of chapter 306 of title 18, United States Code, is amended by
inserting after the item relating to section 4106 the following:
"4106A. Transfer of offenders on parole; parole of offenders transferred.".
102 STAT. 4416 PUBLIC LAW 100-690—NOV. 18, 1988
(d) APPOINTMENT OF GUARDIANS AD LITEM AND PROVISION OF
COUNSEL.—Section 4109 of title 18, United States Code, is
amended—
(1) by inserting "(a)" before "In proceedings"; and
(2) by adding at the end the following:
"(b) Guardians ad litem appointed by the verifying officer under
section 4100 of this title to represent offenders who are financially
unable to provide for compensation and travel expenses of the
guardian ad litem shall be compensated and reimbursed under
subsection (aXD of this section,
"(c) The offender shall have the right to advice of counsel in
proceedings before the United States Parole Commission under
section 4106A of this title and in an appeal from a determination of
such Commission under such section. If the offender is financially
unable to obtain counsel, counsel for such proceedings and appeal
shall be appointed under section 3006A of this title.".
(e) CONSENT TO TRANSFER BY GUARDIANS FOR INCOMPETENTS;
APPOINTMENT OF GUARDIAN INDEPENDENT OF APPOINTMENT OF COUN-
SEL.—Section 4100flt)) of title 18, United States Code, is amended—
(1) in the last sentence, by—
(A) inserting ", or is deemed by the verifying officer to be
mentally incompetent or otherwise incapable of knowingly
and vdluntarily consenting to the transfer," after "under
eighteen years of age"; and
(B) inserting ", guardian ad litem," after "guardian"; and
(2) by adding at the end the following: "The appointment of a
guardian ad litem shall be independent of the appointment of
counsel under section 4109 of this title.".
(f) CONFORMING AMENDMENTS AND COMPENSATION MAXIMA RELAT-
ING TO PROVISION OF COUNSEL.—(1) Section 3006A(aXl) of title 18,
United States Code, is amended—
(A) by striking "or" at the end of subparagraph (H);
(B) by striking the period at the end of subparagraph (I) and
inserting "; or"; and
(C) bv adding at the end the following:
(J) is entitled to the appointment of counsel under sec-
tion 4109 of this title.".
(2) Section 3006A(d)(2) of title 18, United States Code, is amended
by inserting after the second sentence the following: "For represen-
tation of an offender before the United States Parole Commission in
a proceeding under section 4106A of this title, the compensation
shall not exceed $750 for each attorney in each proceeding; for
representation of an offender in an appeal from a determination of
such Commission under such section, the compensation shall not
exceed $2,500 for each attorney in each court."
SEC. 7102. RECORDS OTHER THAN TRANSCRIPTS.
Section 3553(c) of title 18, United States (Dode, is amended by—
(1) inserting after "transcription" the following: "or other
appropriate public record"; and
(2) striking "clerk of the" in the last sentence.
SEC. 7103. STANDARD OF REVIEW.
(a) TITLE 18 AMENDMEHMT.—Section 3742 of title 18, United States
Code, is amended—
(1) in subsections (aX2) and Ot)X2), by striking "issued by the
Sentencing Commission pursuant to 28 U.S.C. 994(a)";
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4417
(2) by striking paragraph (3) of subsection (a) and inserting
the following:
"(3) is greater than the sentence specified in the applicable
guideline range to the extent that the sentence includes a
greater fine or term of imprisonment, probation, or supervised
release than the maximum established in the guideline range,
or includes a more limiting condition of probation or supervised
release under section 35630t)X6) or 0)X11) than the maximum
established in the guideline range; or";
(3) by striking paragraph (3) of subsection Qo) and inserting
the following:
"(3) is less than the sentence specified in the applicable
guideline range to the extent that the sentence includes a lesser
fine or term of imprisonment, probation, or supervised release
than the minimum established in the guideline range, or in-
cludes a less limiting condition of probation or supervised re-
lease under section 3563(bX6) or (bXH) than the minimum
established in the guideline range; or";
(4) by striking paragraph (4) of subsection (a) and inserting
the following:
"(4) was imposed for an offense for which there is no sentenc-
ing guideline and is plainly unreasonable.";
(5) in subsection Q))—
(A) by striking paragraph (4) through the end and insert-
ing the following:
"(4) was imposed for an offense for which there is no sentenc-
ing guideline and is plainly unreasonable."; and
(B) by inserting after "The Government" the following:
", with the personal approval of the Attorney (Jeneral or
the Solicitor Greneral,";
(6) in subsections (dX3) and (eX2), by striking "range of the
applicable sentencing guideline" and inserting "applicable
guideline range";
(7) in the second sentence of subsection (d), by inserting "and
shall give due deference to the district court's application of the
guidelines to the facts" after "clearly erroneous";
(8) by inserting a new subsection (c), as follows, and by
redesignating subsections (c), (d), (e), and (f) as subsections (d),
(e), (f), and (g), respectively:
"(c) PLEA AGREEMENTS.—In the case of a plea Eigreement that
includes a specific sentence under rule ll(eXlXC) of the Federal
Rules of Criminal Procedure—
"(1) a defendant may not file a notice of appeal under para-
graph (3) or (4) of subsection (a) unless the sentence imposed is
greater than the sentence set forth in such agreement; and
"(2) the Grovernment may not file a notice of appeal under
paragraph (3) or (4) of subsection Qa) unless the sentence im-
posed is less than the sentence set forth in such agreement.";
and
(9) by adding at the end of the section the following new
subsection:
"(h) GUIDELINE NOT EXPRESSED AS A RANGE.—For the purpose of
this section, the term 'guideline range' includes a guideline range
having the same upper and lower limits.".
(b) TITLE 28 AMENDMENT.—Section 994(aXl) of title 28, United
States Code, is amended—
102 STAT. 4418 PUBLIC LAW 100-690—NOV. 18, 1988
(1) in subparagraph (C), by striking out "term; and" and
inserting "term;";
(2) in subparagraph (D), by inserting "and" after "consecu-
tively;"; and
(3) by adding at the end thereof the following:
"(E) a determination under paragraphs (6) and (11) of
section 35630)) of title 18;".
SEC. 7104. HIRING OUTSIDE COUNSEL.
Section 995(a) of title 28, United States Code, is amended by—
(1) striking "and" at the end of paragraph (21);
(2) striking the period at the end of paragraph (22) and
inserting "; and"; and
(3) adding at the end thereof the following:
"(23) retain private attorneys to provide legal advice to the
Commission in the conduct of its work, or to appear for or
represent the Commission in any case in which the Commission
is authorized by law to represent itself, or in which the Commis-
sion is representing itself with the consent of the Department of
Justice; and the Commission may in its discretion pay reason-
able attorney's fees to private attorneys employed by it out of its
appropriated funds. When serving as officers or employees of
the United States, such private attorneys shall be considered
special government employees as defined in section 202(a) of
title 18; and".
SEC. 7105. POWERS OF THE COMMISSION.
Section 995(a)(2) of title 28, United States Code, is amended by
striking "grade 18 of the General Schedule pay rates (5 U.S.C.
5332)" and inserting "Level 6 of the Senior Executive Service
Schedule (5 U.S.C. 5382)".
SEC. 7106. GRANTING INCENTIVE AWARDS.
(a) DEFINED AS AGENCY.—Section 4501(1) of title 5, United States
Code, is amended by—
(1) striking "and" at the end of subparagraph (F);
(2) adding "and" at the end of subparagraph (G); and
(3) adding at the end thereof the following:
"(H) the United States Sentencing Commission;".
(b) POWERS OF COMMISSION.—Section 995(a) of title 28, United
States Code, is amended by adding at the end thereof the following-
"(24) grant incentive awards to its employees pursuant to
chapter 45 of title 5, United States Code.".
(c) INCENTIVE AWARDS.—Section 996(b) of title 28, United States
Code, is amended by inserting before "81", the following: "45 (Incen-
tive Awards),".
SEC. 7107. TECHNICAL CORRECTION.
Section 3582(c) of title 18, United States Code, is amended by
striking "28 U.S.C. 994(n)" and inserting "28 U.S.C. 994(o)".
SEC. 7108. PROTECTION OF PUBLIC.
(a) CONDITIONS.—Section 3583(d) of title 18, United States Code, is
amended—
(1) in paragraph (1) by inserting "(a)(2)(C)," after "(a)(2)(B),",
and
(2) in paragraph (2) by inserting "(a)(2)(C)," after "(a)(2)(B),"
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4419
(b) MODIFICATION OR REVOCATION.—Section 3583(e) of title 18,
United States Code, is amended—
(1) by inserting "(aX2)(C)," after "(a)(2XB),";
(2) in paragraph (2), by inserting "or" after "supervision;";
(3) by striking out paragraph (3); and
(4) by redesignating paragraph (4) as paragraph (3).
SEC. 7109. AUTHORITY TO AMEND GUIDELINES.
Subsection (p) of section 994 of title 28, United States Code, is
amended to read as follows:
"(p) The Commission, at or after the beginning of a regular session
of Congress, but not later than the first day of May, may promulgate
under subsection (a) of this section and submit to Congress amend-
ments to the guidelines and modifications to previously submitted
amendments that have not taken effect, including modifications to
the effective dates of such amendments. Such an amendment or
modification shall be accompanied by a statement of the reasons
therefor and shall take effect on a date specified by the Commission,
which shall be no earlier than 180 days after being so submitted and
no later than the first day of November of the calendar year in
which the amendment or modification is submitted, except to the
extent that the effective date is revised or the amendment is other-
wise modified or disapproved by Act of Congress.".
SEC. 7110. CLARIFICATION OF RESTITUTION PROVISION.
SEC. 356303X3) of title 18, United States Code, is amended by
striking "3556" and inserting "3663 and 3664 Ot)ut not subject to the
limitations of 3663(a))".
SEC. 7111. AMENDMENT TO RULE 4, RULES OF APPELLATE PROCEDURE.
Rule 40t)) of the Rules of Appellate Procedure is amended— 28 USC app.
(1) in the first sentence, by inserting "(i)" after "entry of, and
inserting "or (ii) a notice of appeal by the Government" at the
end; and
(2) in the sentence beginning "When an appeal by the govern-
ment is authorized", by inserting "(i)" after "entry of", and
inserting "or (ii) a notice of appeal by any defendant" at the
end.
Subtitle D—Victim Compensation and
Assistance
SEC. 7121. VICTIMS OF CRIME ACT OF 1984 REAUTHORIZATION.
(a) IN GENERAL.—Subsection (c) of section 1402 of the Victims of
Crime Act of 1984 (42 U.S.C. 10601(c)) is amended to read as follows:
"(cXlXA) If the total deposited in the Fund during a particular
fiscgd year reaches the ceiling sum described in subparsigraph (B),
the excess over the ceiling sum shall not be part of the Fund. The
first $2,200,000 of such excess shall be available to the judicial
branch for administrative costs to carry out the functions of the
judicial brsmch under sections 3611 and 3612 of title 18, United
States Code, and the remaining excess shall be deposited in the
general fund of the Treasury.
"(B) The ceiling sum referred to in subparagraph (A) is—
"(i) $125,000,000 through fiscal year 1991; and
"(ii) $150,000,000 thereafter through fiscal year 1994.
102 STAT. 4420 PUBLIC LAW 100-690—NOV. 18, 1988
"(2) No deposits shall be made in the Fund after September 30,
1994.".
(b) USE OF SUMS IN EXCESS OF PRIOR CAP.—(1) Section 1402(d)(2) of
the Victims of Crime Act of 1984 (42 U.S.C. 10601(dX2)) is amended
by adding at the end the following:
"(D) Any deposits in the Fund in a particular fiscal year in
excess of $110,000,000 shall be available as follows:
"(i) 47.5 percent shall be available for grants under sec-
tion 1403;
"(ii) 47.5 percent shall be available for grants under
section 1404(a); and
"(iii) 5 percent shall be available for grants under section
1404(c)(lXB).".
(2) Section 1402(d)(2)(C) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(d)(2)(C)) is amended by inserting ", but not in excess of
$110,000,000," after "$105,500,000".
SEC. 7122. VICTIMS ASSISTANCE AMENDMENT.
Section 1404(a)(2) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(a)(2)) is amended—
(1) by inserting after subparagraph (A) the following:
Grants. "(B) certify that funds shall be made available for grants to
programs which serve previously underserved populations of
victims of violent crime. The Director, after consultation with
State and local officials and representatives from private
organizations, shall issue guidelines to implement this section
that provide flexibility to the States in determining the popu-
lations of victims of violent crimes that may be underserved in
their respective States;"; and
(2) by redesignating subparagraphs (B) and (C) as subpara-
graphs (C) and (D) accordingly.
SEC. 7123. ESTABLISHMENT OF OFFICE FOR VICTIMS OF CRIME.
(a) IN GENERAL.—The Victims of Crime Act of 1984 (42 U.S.C.
10601 et seq.) is amended by adding at the end the following:
ESTABLISHMENT OF OFFICE FOR VICTIMS OF CRIME
42 use 10605. "SEC. 1411. (a) There is established within the Department of
Justice an Office for Victims of Crime (hereinafter in this chapter
referred to as the 'Office')-
President of U.S. "(b) The Office shall be headed by a Director (referred to in this
chapter as the 'Director'), who shall be appointed by the President,
by and with the advice and consent of the Senate. The Director shall
report to the Attorney General through the Assistant Attorney
General for the Office of Justice Programs and shall have final
authority for all grants, cooperative agreements, and contracts
awarded by the Office. The Director shall not engage in any employ-
ment other than that of serving as the Director, nor shall the
Director hold any office in, or act in any capacity for, any organiza-
tion, agency, or institution with which the Office makes any con-
tract or other agreement under this part.
"(c) The Director shall have the following duties:
"(1) Administering funds made available by section 1402.
"(2) Providing funds to eligible States pursuant to sections
1403 and 1404.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4421
"(3) Establishing programs in accordance with section 1404(c)
on terms and conditions determined by the Director to be
consistent with that subsection.
"(4) Cooperating with and providing technical assistance to
States, units of local government, and other public and private
organizations or international agencies involved in activities
related to crime victims.
"(5) Such other functions as the Attorney General may dele-
gate.".
Qa) CONFORMING AMENDMENTS.—
(1) Section 1403(aXl) of the Victims of Crime Act of 1984
(42 U.S.C. 10602) is amended by striking "Attorney General"
and inserting "Director".
(2) Section 1403(a)(2) of the Victims of Crime Act of 1984
(42 U.S.C. 10602) is amended by striking "Attorney General"
and inserting "Director".
(3) Section 140303X6) of the Victims of Crime Act of 1984
(42 U.S.C. 10602) is amended by striking "Attorney General"
and inserting "Director".
(4) Section 1404(aXl) of the Victims of Crime Act of 1984
(42 U.S.C. 10603) is amended by striking "Attorney General"
and inserting "Director".
(5) Section 1404(aX2XC) of the Victims of Crime Act of 1984
(42 U.S.C. 10603) is amended by striking "Attorney General"
and inserting "Director".
(6) Section 1404(cXl) of the Victims of Crime Act of 1984
(42 U.S.C. 10603) is amended by striking "Attorney General,
acting through the Assistant Attorney General for the Office of
Justice Programs" and inserting "Director".
(7) Section 1404(cX3) of the Victims of Crime Act of 1984
(42 U.S.C. 10603) is amended by striking "Assistant Attorney
General for the Office of Justice Programs" and inserting
"Director".
(8) Section 1404(cX3XD) of the Victims of Crime Act of 1984
(42 U.S.C. 10603) is amended by striking "Attorney General may
assign" and inserting "Director deems appropriate".
(9) Section 1404(cX4) of the Victims of Crime Act of 1984
(42 U.S.C. 10603) is amended by striking "Attorney General"
and inserting "Director".
(10) Section 1407(a) of the Victims of Crime Act of 1984 (42
U.S.C. 10604) is amended by—
(A) striking "Attorney General" each place it appears
and inserting "Director"; and
(B) striking "and may delegate to any officer or employee
of the Department of Justice any such function as the
Attorney General deems appropriate".
(11) Section 1407(b) of the Victims of Crime Act of 1984 (42
U.S.C. 10604) is amended by striking "Attorney General" and
inserting "Director".
(12) Section 1407(c) of the Victims of Crime Act of 1984 (42
U.S.C. 10604) is amended by striking "Attorney General or any
duly authorized representative of the Attorney General" and
inserting "Director".
(13) Section 1407(f) of the Victims of Crime Act of 1984 (42
U.S.C. 10604) is amended by striking "Attorney General" each
place it appears and inserting '.'Director".
102 STAT. 4422 PUBLIC LAW 100-690—NOV. 18, 1988
(14) Section 1407(g) of the Victims of Crime Act of 1984 (42
U.S.C. 10604) is amended by—
(A) striking "Attorney General" each place it appears
and inserting "Director"; and
(B) striking "no later than December 31,1987" and insert-
ing "on December 31, 1990, and on December 31 every 2
years thereafter".
SEC. 7124. GRANTS FOR INDIAN COUNTRY.
42 use 10601. Section 1402 of the Victims of Crime Act of 1984 is amended by
adding at the end the following:
Children and "(g)(1) The Attorney General, acting through the Director, shall
youth. use 15 percent of the funds available under subsection (d)(2)(A)(iv) to
make grants for the purpose of assisting Native American Indian
tribes in developing, establishing, and operating programs designed
to improve—
"(A) the handling of child abuse cases, particularly cases of
child sexual abuse, in a manner which limits additional trauma
to the child victim; and
"(B) the investigation and prosecution of cases of child abuse,
particularly child sexual abuse.".
"(2) As used in this subsection, the term "tribe" has the meaning
given that term in section 4(b) of the Indian Self-Determination and
Education Assistance Act.".
SEC. 7125. OTHER AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.
(a) NEW CRITERIA.—Section 14030?) of the Victims of Crime Act of
1984 (42 U.S.C. 10602(b)) is amended—
(1) by inserting after paragraph (5) the following:
"(6) such program provides compensation to residents of the
State who are victims of crimes occurring outside the State if—
"(A) the crimes would be compensable crimes had they
occurred inside that State; and
"(B) the places the crimes occurred in are States not
having eligible crime victim compensation programs;
"(7) such program does not, except pursuant to rules issued by
the program to prevent unjust enrichment of the offender, deny
compensation to any victim because of that victim's familial
relationship to the offender, or because of the sharing of a
residence by the victim and the offender; and"; and
(2) by redesignating paragraph (6) as paragraph (8).
Ot>) INCREASE OF STATE ANNUAL GRANT AMOUNT.—Section 1403(a)
of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)) is amended
by striking out "35 percent" each place it appears and inserting "40
percent" in lieu thereof.
(c) ADDING VICTIMS OF DRUNK DRIVING AND DOMESTIC VIOLENCE.—
(1) Paragraph (1) of section 1403(b) of the Victims of Crime Act of
1984 (42 U.S.C. 10602(b)(1)) is amended to read as follows:
"(1) such program is operated by a State and offers compensa-
tion to victims and survivors of victims of criminal violence,
including drunk driving and domestic violence;".
(2) Section 1403(d)(3) of the Victims of Crime Act (42 U.S.C.
10602(d)(3)) is amended by inserting ", and includes driving while
intoxicated and domestic violence" after "program".
(d) CHANGE IN VICTIM COMPENSATION CRITERIA.—Section 14030t))(5)
(42 U.S.C. 106020t)X5)) of the Victims of Crime Act of 1984 is
amended to read as follows:
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4423
"(5) such program provides compensation to victims of Fed-
eral crimes occurring within the State on the same basis that
such program provides compensation to victims of State
crimes;".
(e) REMOVAL OF OBSOLETE PROVISION.—Section 1403 of the Victims
of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking
subsection (c).
SEC. 7126. TREATMENT OF EYEGLASSES.
(a) NOT T O B E CONSIDERED PROPERTY.—Section 1403(d)(1) of the
Victims of Crime Act of 1984 (42 U.S.C. 10602(dXl)) is amended by
inserting ", eyeglgisses or other corrective lenses," after "prosthetic
devices".
Ot)) To B E INCLUDED IN MEDICAL EXPENSES.—Section 1403(d)(2) of
the Victims of Crime Act of 1984 (42 U.S.C. 10602(dX2)) is amended—
(1) by inserting "eyeglsisses and other corrective lenses, for"
after "crime victim compensation program, expenses for"; and
(2) by inserting a comma after "prosthetic devices".
SEC. 7127. INCLUSION OF VIRGIN ISLANDS AS STATE FOR ALL PURPOSES
OF ACT.
Section 1404(dXl) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(dXl)) is amended by inserting "the United States Virgin
Islands," after "the Commonwealth of Puerto Rico,".
SEC. 7128. ALLOCATION TO STATES.
(a) IN GENERAL.—(1) Section 1404(aX3) of the Victims of Crime Act
of 1984 (42 U.S.C. 10603(aX3)) is amended by striking out "$100,000"
and inserting "the base amount" in lieu thereof.
Ot)) CONFORMING AMENDMENT.—Section 1404(aX4) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(aX4)) is amended by striking out
"$100,000" and inserting "the base amount" in lieu thereof.
(c) DEFINITION.—Section 1404(a) of the Victims of Crime Act of
1984 (42 U.S.C. 10603(a)) is amended by adding at the end the
following:
"(5) As used in this subsection, the term "base amount" means—
"(A) $150,000 for fiscal years 1989 through 1991; and
"(B) $200,000 thereafter through fiscal year 1994.".
SEC. 7129. TRANSITION RULE. 42 u s e 10601
note.
The amendments made by this chapter shall not apply with
respect to a State compensation program that was an eligible State
crime victim compensation program on the date of the enactment of
this Act until October 1,1990.
SEC. 7130. RETROACTIVE TRANSFER TO FUND. 42 u s e 10601
note.
An amount equivalent to those sums which would have been
placed in the Fund under section 14020)) of the Victims of Crime
Act, but for the effect of section 1402(cX2) of such Act, is hereby
transferred to the Fund from any sums not appropriated from the
general treasury.
19-194 O—91—Part I -14 : QL i
102 STAT. 4424 PUBLIC LAW 100-690—NOV. 18, 1988
Federal Aviation
Administration
Subtitle E—Federal Aviation Administration
Drug
Enforcement
Drug Enforcement Assistance
Assistance Act
of 1988. SEC. 7201. SHORT TITLE.
49 u s e app.
1301 note. This subtitle may be cited as the "Federal Aviation Administra-
tion Drug Enforcement Assistance Act of 1988".
49 u s e app. SEC. 7202. FINDINGS AND POLICY.
1401 note.
(a) FINDINGS.—Congress makes the following findings:
(1) Illegal drug consumption and the trafficking in illegal
drugs is a major problem in the United States.
(2) The smuggling of drugs into the United States through the
use of general aviation aircraft is a major contributing factor in
the illegal drug crisis facing our Nation.
(3) The Federal Government has a significant role in combat-
ting such drug crisis.
(4) The Federal Aviation Administration has played an impor-
tant role in assisting law enforcement agencies in certain
aspects of drug interdiction and enforcement activities.
(5) The current systems of registering aircraft, certificating
pilots, and processing major aircraft repair and alteration forms
and enforcement of the requirements associated with such sys-
tems need to be improved in order to more effectively contribute
to drug interdiction and enforcement efforts.
(6) Improving such systems and enforcement of such require-
ments will require providing the Federal Aviation Administra-
tion with additional funding and other resources.
(7) Improved systems of registering aircraft, certificating
pilots, and processing major aircraft repair and alteration forms
and increased enforcement of requirements associated with
such systems will benefit all users of such systems (including
law enforcement officials) and the general public.
(b) POLICY.—Section 103 of the Federal Aviation Act of 1958 (49
U.S.C. App. 1303) is amended by redesignating paragraphs (a), (b),
(c), (d), and (e) (and any references thereto) as paragraphs (1), (2), (3),
(4), and (5), respectively, by striking out the semicolons at the end of
each of paragraphs (1), (2), (3), and (4) (as so redesignated) and
inserting in lieu thereof a period, and by adding at the end thereof
the following new paragraph:
"(6) The provision of assistance to law enforcement agencies in the
enforcement of laws relating to the regulation of controlled sub-
stances, to the extent consistent with aviation safety.".
SEC. 7203. AIRCRAFT REGISTRATION SYSTEM.
(a) MODIFICATION AUTHORITY.—Section 501 of the Federal Avia-
tion Act of 1958 (49 U.S.C. App. 1401) is amended by adding at the
end thereof the following new subsection:
Records. "(h) MODIFICATION OF SYSTEM.—The Administrator is authorized
Fraud. and directed to make such modifications in the system established
under this title for registration and recordation of aircraft as may be
necessary to make such system more effective in serving the needs
of buyers and sellers of aircraft, officials responsible for enforcement
of laws relating to the regulation of controlled substances (as defined
in section 102 of the Controlled Substances Act), and other users of
such system. Such modifications may include a system of titling
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4425
aircraft or of registering all aircraft whether or not operated, shall
assure positive, verifiable, and timely identification of the true
owner, and shall address, at a minimum, each of the following
deficiencies in and abuses of the existing system:
"(1) The registration of aircraft to fictitious persons.
"(2) The use of false or nonexistent addresses by persons
registering aircraft.
"(3) The use by a person registering an aircraft of a post office
box or 'mail drop' as a return address for the purpose of evading
identification of such person's address.
"(4) The registration of aircraft to corporations and other
entities established to facilitate unlawful activities.
"(5) The submission of names of individuals on applications
for registration of aircraft which are not identifiable.
"(6) The ability to make frequent legal changes in the reg-
istration markings which are assigned to aircraft.
"(7) The use of false registration markings on aircraft.
"(8) The illegal use of 'reserved' registration markings on
aircraft.
"(9) The large number of aircraft which are classified as being
in 'self-reporteid status'.
"(10) The lack of a system to assure timely and adequate
notice of the transfer of ownership of aircraft.
"(11) The practice of allowing temporary operation and
navigation of aircraft without issuance of a certificate of reg-
istration under this section.",
(b) (CONFORMING AMENDMENT TO TABLE OF CJONTENTS.—That por-
tion of the table of contents contained in section 1 of such Act
relating to section 501 of such Act is amended by adding at the end
thereof the following:
"(h) Modification of system.".
SEC. 7204. REVOCATION OF AIRMAN CERTIFICATES.
(a) LIMITATION ON REISSUANCE OF REVOKED CERTIFICATES.—Section
602(b) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1422(b)) is
amended by striking out subparagraphs (A) and (B) of paragraph (2)
and inserting in lieu thereof the following:
"(2) LIMITATION ON REISSUANCE OF REVOKED CERTIFICATES.—
"(A) GENERAL RULE.—Except as provided in subpara-
graphs (B) and (C), the Administrator shall not issue an
airman certificate to any person whose airman certificate
has been revoked under section 609(c).
"(B) SPECIAL RULE FOR LAW ENFORCEMENT PURPOSES.—The
Administrator may issue an airman certificate to any
person whose airman certificate has been revoked under
section 609(c) if the Administrator determines that issuance
of such certificate will facilitate law enforcement efforts.".
(b) WAIVER OF REVOCATION REQUIREMENT.—Section 609(c) of such
Act (49 U.S.C. 1429(c)) is amended by adding at the end thereof the 49 USC app.
following new paragraph: 1429.
"(5) WAIVER OF REVOCATION REQUIREMENT.—Upon request of a
Federal or State law enforcement official, the Administrator
may waive the requirements of paragraphs (1) and (2) that an
airman certificate of any person be revoked if the Adminis-
trator determines that such waiver will facilitate law enforce-
ment efforts.".
102 STAT. 4426 PUBLIC LAW 100-690—NOV. 18, 1988
SEC. 7205. MODIFICATION OF SYSTEM FOR ISSUING AIRMAN'S CERTIFI-
CATES TO PILOTS.
(a) MODIFICATION AUTHORITY.—Section 602 of the Federal Avia-
tion Act of 1958 (49 U.S.C. App. 1422) is amended by adding at the
end thereof the following new subsection:
"(d) MODIFICATION OF SYSTEM.—The Administrator is authorized
and directed to make such modifications in the system established
under this title for issuance of airman's certificates to pilots as may
be necessary to make such system more effective in serving the
needs of pilots and officials responsible for enforcement of laws
relating to the regulation of controlled substances (as defined in
Fraud. section 102 of the Controlled Substances Act). Such modifications
shall assure positive and verifiable identification of each person
applying for or holding such a certificate and shall address, at a
minimum, each of the following deficiencies in and abuses of the
existing system:
"(1) The use of fictitious names and addresses by applicants
for such certificates.
"(2) The use of stolen or fraudulent identification in applying
for such certificates.
"(3) The use by a person applying for such a certificate of a
post office box or 'mail drop' as a return address for the purpose
of evading identification of such person's address.
"(4) The use of counterfeit and stolen airman's certificates by
pilots.
"(5) The absence of information concerning physical
characteristics of holders of such certificates.".
(b) CONFORMING AMENDMENT TO TABLE OF CONTENTS.—That por-
tion of the table of contents contained in section 1 of such Act
relating to section 602 of such Act is amended by adding at the end
thereof the following:
"(d) Modification of system.".
SEC. 7206. MODIFICATION OF SYSTEM FOR PROCESSING FORMS FOR
ALTERATIONS OF FUEL SYSTEMS.
(a) MODIFICATION AUTHORITY.—Section 605 of the Federal Avia-
tion Act of 1958 (49 U.S.C. App. 1425) is amended by adding at the
end thereof the following new subsection:
"(c) MODIFICATION OF SYSTEM.—The Administrator is authorized
and directed to make such modifications in the system established
under this title for processing forms for major repairs or alterations
of fuel tanks and fuel systems of aircraft as may be necessary to
make such system more effective in serving the needs of users of
such system, including officials responsible for enforcement of laws
relating to the regulation of controlled substances (as defined in
section 102 of the Controlled Substances Act). Such modifications
shall address, at a minimum, each of the following deficiencies in
and abuses of the existing system:
"(1) The lack of a special identification feature to permit such
forms to be easily distinguished from other major repair and
alteration forms.
"(2) The excessive amount of time required for receiving such
forms at the Airmen and Aircraft Registry of the Federal
Aviation Administration.
"(3) The backlog of such forms which are awaiting processing
at the Airmen and Aircraft Registry.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4427
"(4) The lack of ready access by law enforcement officials to
information contained on such forms.".
(b) CONFORMING AMENDMENT TO TABLE OF CONTENTS.—That por-
tion of the table of contents contained in section 1 of such Act
relating to section 605 of such Act is amended by adding at the end
thereof the following:
"(c) Modification of system.".
SEC. 7207. REGISTRATION, CERTIFICATION. AND FUEL SYSTEM ALTER-
ATION REGULATIONS.
(a) RULEMAKING.—Not later than 10 months after the date of the 49 USC 1401
enactment of this subtitle, the Administrator shall issue final regu- note.
lations for carrying out the objectives of sections 501(h), 602(d), and
605(c) of the Federal Aviation Act of 1958 and provide a written
explanation of how such regulations address each of the deficiencies
and abuses required to be addressed by such sections. Such regula-
tions shall include, but not limited to, a requirement that each
individual listed in an application for registration of an aircraft
provide, together with such application, his or her driver's license
number and each person (other than an individual) listed in such an
application provide, together with such application, its Federal tax
identification number.
Ot)) CONSULTATION REQUIREMENT.—In issuing regulations in
accordance with this section, the Administrator shall consult the
Drug Enforcement Administration of the Department of Justice, the
United States Customs Service, other Federal law enforcement offi-
cials, representatives of State and local law enforcement officials,
representatives of the general aviation aircraft industry, representa-
tives of users of general aviation aircraft, and other interested
persons.
(c) FEES.—
(1) GENERAL RULES.—Section 313 of the Federal Aviation Act
of 1958 (49 U.S.C. App. 1354) is amended by adding at the end
thereof the following new subsection:
"(f) PROCESSING FEES.—
"(1) ESTABLISHMENT AND COLLECTION.—The Administrator
may establish and collect such fees as may be necessary to cover
the costs associated with issuance of certificates of registration
of aircraft, issuance of airman certificates to pilots, and process-
ing of forms for major repairs and alterations of fuel tanks and
fuel systems of aircraft.
"(2) MAXIMUM FEE SCHEDULE.—The amount of any fee which
may be collected under this subsection—
"(A) with respect to issuance of an airman's certificate to
a pilot may not exceed $12;
"(B) with respect to registration of an aircraft after trans-
fer of ownership may not exceed $25;
"(C) with respect to renewal of an aircraft registration
may not exceed $15; and
"(D) with respect to processing of a form for a major
repair or alteration of a fuel tank or fuel system of an
aircraft may not exceed $7.50.
The amounts established by this paragraph shall be adjusted by
the Administrator for changes in the Consumer Price Index of
All Urban Consumers published by the Bureau of Labor Statis-
tics of the Department of Labor.
102 STAT. 4428 PUBLIC LAW 100-690—NOV. 18, 1988
"(3) LIMITATION.—No fee may be collected under this subsec-
tion before the date on which the final regulations referred to in
section 7207(a) of the Federal Aviation Administration Drug
Enforcement Assistance Act of 1988 take effect.
"(4) CREDIT TO ACCOUNT; AVAILABILITY.—The amount of fees
collected under this subsection shall be credited to the account
in the United States Treasury from which expenses were in-
curred by the Administrator for carrying out titles V and VI of
this Act and shall be available to the Administrator for paying
expenses for which such fees are collected.".
(2) CONFORMING AMENDMENT TO TABLE OF CONTENTS.—That
portion of the table of contents contained in section 1 of such
Act relating to section 313 is amended by adding at the end
thereof the following:
"(f) Processing fees.".
(3) CONFORMING AMENDMENT TO SECTION 334 OF TITLE 49.—The
first sentence of section 334 of title 49, United States Code, is
amended by striking out "only when" ^and all that follows
through the period and inserting in lieu thereof the following:
"only when—
"(1) the charge—
"(A) was in effect on January 1,1973, and
"(B) is not more than the charge that was in effect on
such date, adjusted in proportion to changes in the
Consumer Price Index of All Urban Consumers published
by the Bureau of Labor Statistics of the Department of
Labor between January 1, 1973, and the date the charge is
imposed; or
"(2) the charge is a fee established and collected in accordance
with section 313(f) of the Federal Aviation Act of 1958.".
Reports. (4) GAO AUDIT.—During the 5-year period beginning after the
49 use app. date on which fees are first collected under section 313(f) of the
1354 note. Federal Aviation Act of 1958, the Comptroller General shall
conduct an annual audit of the collection and use of such fees
for the purpose of ensuring that such fees do not exceed the
costs for which they are collected and submit to Congress a
report on the results of such audit.
49 use app. (d) REPORT.—Not later than 180 days after the date of the enact-
1401 note. ment of this subtitle and annually thereafter during the 5-year
period beginning on such 180th day, the Administrator shall pre-
pare and transmit to Congress a report on the following:
(1) The status of the rulemaking process, issuance of regula-
tions, and implementation of regulations in accordance with
this section.
(2) The progress being made in reducing the number of air-
craft classified by the Federal Aviation Administration as being
in "sale-reported status".
(3) The progress being made in expediting the filing and
processing of forms for major repairs and alterations of fuel
tanks and fuel systems of aircraft.
(4) The status of establishing and collecting fees under section
313(f) of the Federal Aviation Act.
49 use app. (e) DEFINITIONS.—For purposes of this subtitle—
1401 note. (1) ADMINISTRATOR.—The term "Administrator" means the
Administrator of the Federal Aviation Administration.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4429
(2) AIRCRAFT.—The term "aircraft" has the meaning such
term has under section 101 of the Federal Aviation Act of 1958.
SEC. 7208. CIVIL PENALTIES.
(a) RELATING TO OWNERSHIP AND REGISTRATION.—Section 901(a)(1)
of the Federal Aviation Act of 1958 (49 U.S.C. App. 1471(aXl)) is
amended by inserting before the period at the end of the first
sentence the following: "and for each such violation which relates to
registration or recordation of an aircraft under title V".
(b) ADMINISTRATIVE ASSESSMENT.—Section 901(a) of such Act (49
U.S.C. App. 1471(a)) is amended by adding at the end thereof the
following new paragraph:
"(3) ADMINISTRATIVE ASSESSMENT OF CERTAIN REGISTRATION
AND RECORDATION VIOLATIONS.—
"(A) GENERAL AUTHORITY.—The Administrator, or his
delegate, may assess a civil penalty for a violation of title V,
or a rule, regulation, or order issued thereunder, which
relates to registration or recordation of an aircraft upon
written notice and finding of violation by the Adminis-
trator.
"(B) N o REEXAMINATION OF LIABIUTY OR AMOUNT.—In t h e
case of a civil penalty assessed by the Administrator under
this paragraph, the issue of liability or amount of civil
penalty shall not be reexamined in any subsequent suit for
collection of such civil penalty.
"(C) CONTINUING JURISDICTION OF DISTRICT COURTS.—Not-
withstanding subparagraph (A), the United States district
courts shall have exclusive jurisdiction of any civil penalty
action initiated by the Administrator—
"(i) which involves an amount in controversy in
excess of $50,000;
"(ii) which is an in rem action or in which an in rem
action based on the same violation has been brought;
"(iii) regarding which an aircraft subject to lien has
been seized by the United States; and
"(iv) in which a suit for injunctive relief based on the
'' violation giving rise to the civil penalty has also been
brought.
"(D) LIMITATIONS.—
"(i) HEARING.—A civil penalty may be assessed by
the Administrator under this paragraph only after
notice and opportunity for a hearing on the record in
accordance with section 554 of title 5, United States
Code.
"(ii) VIOLATIONS.—This paragraph only applies to
civil penalties initiated by the Administrator after the
date of the enactment of this paragraph.
"(iii) MAXIMUM AMOUNT.—The maximum amount of
a civil penalty which may be assessed by the Adminis-
trator under this paragraph in any case may not exceed
$50,000.".
SEC. 7209. CRIMINAL PENALTIES.
(a) I N GENERAL.—Subsection (b) of section 902 of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1472) is amended by redesignat-
ing paragraph (3) as paragraph (5) and by striking out the subsection
102 STAT. 4430 PUBLIC LAW 100-690—NOV. 18, 1988
heading and paragraphs (1) and (2) and inserting in lieu thereof the
following:
"(b) FORGERY OF CERTIFICATES, FALSE MARKING OF AIRCRAFT, AND
OTHER AIRCRAFT REGISTRATION VIOLATIONS.—
"(1) DESCRIPTION OF VIOLATIONS.—It shall be unlawful for any
person—
"(A) to knowingly and willfully forge, counterfeit, alter,
or falsely make any certificate authorized to be issued
under this Act, or to knowingly sell, use, attempt to use, or
possess with the intent to use any such fraudulent
certificate;
"(B) to obtain any certificate authorized to be issued
under this Act by knowingly and willfully falsifying,
concealing, or covering up a material fact, or making a
false, fictitious, or fraudulent statement or representation,
or making or using any false writing or document knowing
the writing or document to contain any false, fictitious, or
fraudulent statement or entry;
"(C) who is the owner of an aircraft eligible for registra-
tion under section 501, to knowingly and willfully operate,
attempt to operate, or permit any other person to operate
such aircraft if such aircraft is not registered under section
501 or the certificate of registration of such aircraft is
suspended or revoked, or if such owner knows or has reason
to know that such person does not have proper authoriza-
tion to operate or navigate the aircraft without registration
for a period of time after transfer of ownership;
"(D) to knowingly and willfully operate or attempt to
operate an aircraft eligible for registration under section
501 knowing that such aircraft is not registered under
section 501, that the certificate of registration of such
aircraft is suspended or revoked, or that such person does
not have proper authorization to operate or navigate such
aircraft without registration for a period of time after
transfer of ownership;
"(E) to knowingly and willfully serve, or attempt to serve,
in any capacity as an airman without a valid airman
certificate authorizing such person to serve in such capac-
ity;
"(F) to knowingly and willfully employ for service or
utilize any airman who does not possess a valid airman
certificate authorizing such person to serve in such
capacity;
(G) to operate an aircraft with a fuel tank or fuel system
which has been installed or modified on the aircraft know-
ing that such tank or system or the installation or modifica-
tion of such tank or system is not in accordance with all
applicable rules, regulations, and requirements of the
Administrator; or
"(H) to knowingly and willfully display or cause to be
displayed on any aircraft any marks which are false or
misleading as to the nationality or registration of the
aircraft.
"(2) PENALTIES.—Any person who commits a violation of para-
graph (1) shall be, upon conviction, subject to—
"(A) a fine of not more than $15,000 or imprisonment for
a term of not more than 3 years, or both; or
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4431
"(B) a fine of not more than $25,000 or imprisonment for
a term of not more than 5 years, or both, if such violation
was in connection with the act of transportation by aircraft
of a controlled substance or of the aiding or facilitating of a
controlled substance offense where such act is punishable
by death or imprisonment for a term exceeding 1 year
under a State or Federal law or is provided in connection
with any act which is punishable by death or imprisonment
for a term exceeding 1 year under a State or Federal law
relating to a controlled substance (other than a law relating
to simple possession of a controlled substance).
Any term of imprisonment imposed under subparagraph (B)
shall be in addition to, and shall not be served concurrently
with, any other term of imprisonment imposed on such person.
"(3) SEIZURE OF AIRCRAFT.—
"(A) BY DEA OR CUSTOMS.—An aircraft used in connection
with, or in aiding or facilitating, a violation of paragraph (1)
whether or not a person is charged in connection with such
violation, may be seized and forfeited by the Drug Enforce-
ment Administration of the Department of Justice or the
United States Customs Service in accordance with the cus-
toms laws.
"(B) PRESUMPTIONS.—For purposes of subparagraph (A),
an aircraft shall be presumed to have been used in connec-
tion with, or to aid or facilitate a violation of—
"(i) paragraph (1)(B) if the aircraft is registered to a
fictitious or false person;
"(ii) paragraph (1)(B) if the application form used to
obtain the aircraft registration certificate contains a
material false statement;
"(iii) paragraph (1)(A) if the registration for the air-
craft has been forged, counterfeited, altered, or falsely
made;
"(iv) paragraph (1)(C) if the aircraft has been oper-
ated while it is not registered under section 501;
"(v) paragraph (1)(H) if there is an external display of
false or misleading registration numbers or false or
misleading country of registration;
"(vi) paragraph (1)(G) if there is on the aircraft a fuel
tank or fuel system which has not been installed or
modified in accordance with all applicable rules, regu-
lations, and requirements of the Administrator; and
"(vii) paragraph (1)(G) if, in the case of an aircraft on
which a fuel tank or fuel system has been installed or
modified, a certificate required to be issued by the
Administrator for such installation or modification is
not carried aboard the aircraft.
"(C) MEMORANDUM OF UNDERSTANDING.—The Federal
Aviation Administration, the Drug Enforcement Adminis-
tration, and the United States Customs Service shall enter
into a memorandum of understanding for the purpose of
establishing procedures for carrying out the objectives of
this paragraph.
"(4) CONTROLLED SUBSTANCE DEFINED.—For purposes of this
section, the term 'contr'olled substance' has the meaning that
such term has under section 102 of the Controlled Substances
Act (21 U.S.C. 802).".
102 STAT. 4432 PUBLIC LAW 100-690—NOV. 18, 1988
49 u s e app. (b) CJONFORMING AMENDMENTS.—
14'^2. (1) SECTION 902(bX5).—Paragraph (5) of section 902(b) of s u c h
Act, a s redesignated by subsection (a) of t h i s section, is a m e n d e d
b y i n s e r t i n g " E F F E C T ON STATE L A W . — " before " N o t h i n g " a n d b y
aligning such p a r a g r a p h w i t h p a r a g r a p h (2) of s u c h subsection,
as inserted by subsection (a) of this section.
(2) TABLE O F CONTENTS.—That portion of t h e t a b l e of c o n t e n t s
contained i n section 1 of s u c h Act r e l a t i n g t o section 902 is
amended by striking out
"(b) Forgery of certificates and false marking of aircraft."
and by inserting in lieu thereof
"(b) Forgery of certificates, false marking of aircraft, and other aircraft registra-
tion violations.".
(c) LIGHTING VIOLATIONS.—
(1) I N GENERAL.—Subsection (q) of section 902 of such Act (49
U.S.C. App. 1472) is amended—
(A) by striking out the section heading and paragraph (1)
and inserting in lieu thereof the following:
"(q) LIGHTING VIOLATIONS IN CONNECTION WITH TRANSPORTATION
OF CONTROLLED SUBSTANCES.—
"(1) DESCRIPTION OF VIOLATION.—It shall be unlawful, in
connection with an act described in paragraph (2) and with
knowledge of such act, for any pjerson to knowingly and will-
fully operate an aircraft in violation of any rule, regulation, or
requirement issued by the Administrator with respect to the
display of navigation or anticoUision lights."; and
(B) by striking out parsigraphs (4), (5), and (6).
(2) CONFORMING AMENDMENTS.—
(A) SECTION 902(q).—Section 902(q) of such Act is
amended—
(i) in paragraph (2) by inserting "RELATIONSHIP TO
CONTROLLED SUBSTANCE OFFENSES.—" before "The act";
(ii) in paragraph (3) by inserting "PENALTY.—" before
"A person"; and
(iii) by aligning such paragraphs with paragraph (1)
of such section, as amended by paragraph (1) of this
subsection.
(B) TABLE OF CONTENTS.—That portion of the table of
contents contained in section 1 of such Act relating to
section 902 is amended by striking out
"(q) Violations in connection with transportation of controlled substances."
and by inserting in lieu thereof
"(q) Lighting violations in connection with transportation of controlled
substances.".
49 u s e app. SEC. 7210. INFORMATION COORDINATION.
Fitports*^ Not later than 180 days after the date of the enactment of this
subtitle and annually thereafter during the 3-year period beginning
on such 180th day, the Administrator shall prepare and transmit to
Congress a report on the following:
(1) The progress made in establishing a process for provision
of informational assistance by such Administration to officials
of Federal, State, and local law enforcement agencies.
(2) The progress made in establishing a process for effectively
pursuing suspensions and revocations of certificates of registra-
tion and airman certificates in accordance with the amend-
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4433
ments made to the Federal Aviation Act of 1958 by the Aviation >'
Drug-Trafficking Control Act, section 3401 of the Anti-Drug
Abuse Act of 1986, and this subtitle.
(3) The efforts of such Administration in gissessing and defin-
ing the appropriate relationship of such Administration's
informational assistance resources (including the El Paso Intel-
ligence Center and the Law Enforcement Assistance Unit of the
Aeronautical Center of such Administration).
(4) The progress made in issuing guidelines on (A) the report-
ing of aviation sensitive drug-related information, and (B) the
development, in coordination with the Drug Enforcement
Administration of the Department of Justice and the United
States Customs Service, of training and educational policies to
assist employees of such Administration to better understand (i)
the trafficking of controlled substances (as defined in section
102 of the Controlled Substances Act), and (ii) the role of such
Administration with respect to such trafficking.
(5) The progress made in improving and expanding such
Administration's role in the El Paso Intelligence Center.
SEC. 7211. FUNDING AND OTHER RESOURCES. 49 USC app.
(a) 5-YEAR COST REPORT.—NO later than 30 days after the date on
which the final regulations referred to in section 7207(a) of this
subtitle are issued, the Administrator shall prepare and transmit to
Congress a report on the resources (including funding and positions)
which will be necessary on an annual b£isis during the 5-year period
beginning after such 30th day to implement the objectives of this
subtitle (including the amendments made by this subtitle).
Ot)) APPLICABIUTY OP PAPERWORK REDUCTION ACT.—No informa-
tion collection requests necessary to carry out the objectives of this
subtitle (including the amendments made by this subtitle) shall be
subject to or affect, directly or indirectly, the annual information
collection budget goals established for the Federal Aviation
Administration and the Department of Transportation under chap-
ter 35 of title 44, United States Code.
(c) REVIEW OF CERTAIN GRADE-LEVEL CLASSIFICATIONS.—
(1) APPLICABIUTY.—This subsection applies with respect to—
(A) positions within the Airmen and Aircraft Registry of
the Federal Aviation Administration; and
(B) positions within the Law Enforcement Assistance
Unit of the Aeronautical Center of the Federal Aviation
Administration.
(2) REVIEW; REMEDY; REPORT.—Not later than 120 days after
the date of the enactment of this subtitle, the Office of Person-
nel Management shall—
(A) in accordance with section 5110(a) of title 5, United
States Code, review a sufficient number of positions under
paragraphs (1)(A) and dXB), respectively, to determine
whether positions under those respective paragraphs are
being placed in appropriate classes and grades;
(B) if the Office finds that positions have not been placed
in appropriate classes and grades, and after consulting with
appropriate officials of the Federal Aviation Administra-
tion, exercise any authority under section 5110(b) of title 5,
United States Code, which may be necessary to ensure that
those positions are placed in their appropriate classes and
grades; and
102 STAT. 4434 PUBLIC LAW 100-690—NOV. 18, 1988
Reports. (C) transmit to Congress a report on the results of such
review and any actions taken in accordance with subpara-
graph (B).
SEC. 7212. USE OF TRANSPONDERS ON AIRCRAFT ENTERING THE UNITED
STATES.
(a) STUDY.—The Secretary of Transportation shall study the fea-
sibility, costs, and benefits with respect to drug interdiction of
requiring each aircraft entering the continental United States—
(1) to have installed an operating transponder;
(2) to have a flight plan filed with the Federal Aviation
Administration before such entry;
(3) to have the signal from such transponder identify, in the
most efficient manner, such aircraft; and
(4) to have the signal from such transponder which identifies
such aircraft provide information which ensures that such air-
craft is following its filed flight plan.
(b) REPORT.—Not later than 180 days after the date of the enact-
ment of this subtitle, the Secretary of Transportation shall transmit
to Congress a report on the results of the study conducted under this
section.
SEC. 7213. ESTABLISHMENT OF FLIGHT CORRIDORS.
(a) STUDY.—The Secretary of Transportation, in consultation with
the Attorney General and the Secretary of the Treasury, shall
study—
(1) the feasibility of establishing flight corridors across the
borders of the continental United States and intercepting any
aircraft which deviate from such corridors; and
(2) the impact of the establishment of such corridors on the
safe and efficient movement of aircraft and on drug interdic-
tion.
(b) REPORT.—Not later than 180 days after the date of the enact-
ment of this subtitle, the Secretary of Transportation shall transmit
to Congress a report on the results of the study conducted under this
section.
49 u s e app. SEC. 7214. LIMITATION ON APPLICABILITY.
1303 note.
This subtitle (including any amendments made by this subtitle)
shall only apply to aircraft which are not used to provide air
transportation (as defined in section 101 of the Federal Aviation Act
of 1958).
Juvenile Justice
and Delinquency
Subtitle F—Juvenile Justice and Delinquency
Prevention
Amendments of
Prevention
1988.
42 u s e 5601 SEC. 7250. SHORT TITLE; TABLE OF CONTENTS.
note. (a) SHORT TITLE.—This subtitle may be cited as the "Juvenile
Justice and Delinquency Prevention Amendments of 1988".
(b) TABLE OF CONTENTS.—
Sec. 7250. Short title; table of contents.
CHAPTER 1—AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION
ACT OF 1974
Sec. 7251. Definitions.
Sec. 7252. Establishment of Office of Juvenile Justice and Delinquency Prevention.
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4435
Sec. 7253. Ck)ncentration of Federal efforts.
Sec. 7254. Coordinating Council on Juvenile Justice and Delinquency Prevention.
Sec. 7255. Annual reports.
Sec. 7256. Authority to make grants.
Sec. 7257. Allocation.
Sec. 7258. State plans.
Sec. 7259. National Institute for Juvenile Justice and Delinquency Prevention.
Sec. 7260. Information function.
Sec. 7261. Research, demonstration, and evaluation functions.
Sec. 7262. Technical assistance and training functions.
Sec. 7263. Technical and conforming amendments to parts B and C of title II.
Sec. 7264. Special studies and reports.
Sec. 7265. Authorization of appropriations.
Sec. 7266. Technical amendments to part D of title II.
Sec. 7267. Prevention and treatment programs relating to juvenile gangs.
CHAPTER 2—AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH ACT
Sec. 7271. Grants for runaway and homeless youth centers.
Sec. 7272. Additional technical amendments.
Sec. 7273. Authorization of transitional living projects.
Sec. 7274. Reports.
Sec. 7275. National communication system.
Sec. 7276. Grants for technical assistance and training.
Sec. 7277. Grants for research, demonstration, and service projects.
Sec. 7278. Annual program priorities.
Sec. 7279. Coordination with activities of certain Federal health agencies.
Sec. 7280. Authorization of appropriations.
CHAPTER 3—AMENDMENTS TO THE MISSING CHILDREN'S ASSISTANCE ACT
Sec. 7285. Duties and functions of Administrator.
Sec. 7286. Advisory board.
Sec. 7287. Grants.
Sec. 7288. Competition amendment.
Sec. 7289. Authorization of appropriations.
Sec. 7290. Additional technical and conforming amendments.
Sec. 7291. Special study and report.
CHAPTER 4—MISCELLANEOUS
Sec. 7295. Investigation and report by the Comptroller General.
Sec. 7296. Effective date; application of amendments.
CHAPTER 1—AMENDMENTS TO THE JUVENILE JUSTICE AND
DEUNQUENCY PREVENTION ACT OF 1974
SEC. 7251. DEFINITIONS.
(a) DEFINITION.—Section 103 of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5603) is amended—
(1) in paragraph (15) by striking "and" at the end,
(2) in paragraph (16) by striking the period at the end and
inserting a semicolon, and
(3) by adding at the end the following:
"(17) the term 'Council' means the Coordinating Council on
Juvenile Justice and Delinquency Prevention established in
section 206(aXl); and
"(18) the term 'Indian tribe' means—
"(A) a federally recognized Indian tribe; or
"(B) an Alaskan Native organization.".
0)) CONFORMING AMENDMENT.—Section 206(a)(1) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5616(a)(1)) is amended by striking "(hereinafter referred to as the
'Council')".
102 STAT. 4436 PUBLIC LAW 100-690—NOV. 18, 1988
SEC. 7252. ESTABLISHMENT OF OFFICE OF JUVENILE JUSTICE AND
DELINQUENCY PREVENTION.
(a) DEPUTY ADMINISTRATOR.—Section 201(c) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. .5611(c)) is
amended—
(1) in the first sentence by striking "and whose" and all that
follows through "Act", and
(2) in the last sentence by striking "also".
(b) TECHNICAL AND CONFORMING AMENDMENTS.—(1) Section 103(5)
of the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5603(5)) is amended by striking "section 201(c)" and inserting
"section 201(b)".
(2) Section 206(aXl) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616(aXl)) is amended by striking
"the Deputy Administrator of the Institute for Juvenile Justice and
Delinquency Prevention,".
(3) Section 5315 of title 5, United States Code, is amended by
adding at the end the following:
"Administrator, Office of Juvenile Justice and Delinquency
Prevention.".
(4) Section 5316 of title 5, United States Code, is amended by
striking the item relating to the Associate Administrator, Office of
Juvenile Justice and Delinquency Prevention of the Law Enforce-
ment Assistance Administration.
SEC. 7253. CONCENTRATION OF FEDERAL EFFORTS.
(a) TECHNICAL AMENDMENT.—Section 204(a) of the Juvenile Jus-
tice and Delinquency Prevention Act of 1974 (42 U.S.C. 5614(a)) is
amended by striking "and the National Advisory Committee for
Juvenile Justice and Delinquency Prevention".
(b) PuBucATiON OF ANNUAL PROGRAM PLAN.—Section 204(b) of
42 use 5614. the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 3614(b)) is amended—
(1) by amending paragraph (5) to read as follows:
Federal "(5)(A) develop for each fiscal year, and publish annually in
Register, t^g Federal Register for public comment, a proposed com-
pubhcation. prehensive plan describing the particular activities which the
Administrator intends to carry out under parts C and D in such
fiscal year, specifying in detail those activities designed to
satisfy the requirements of parts C and D; and
"(B) taking into consideration comments received during the
45-day period beginning on the date the proposed plan is pub-
lished, develop and publish a final plan, before December 31 of
such fiscal year, describing the particular activities which the
Administrator intends to carry out under parts C and D in such
fiscal year, specifying in detail those activities designed to
satisfy the requirements of parts C and D; and",
(2) by striking paragraph (6), and
(3) by redesignating paragraph (7) as paragraph (6).
(c) REPORTS.—Section 204 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5614) is amended—
(1) by striking subsections (c), (d), and (e),
(2) in subsection (1)—
(A) in paragraph (1)—
(i) by striking "which meets any criterion developed
by the Administrator under subsection (dXD", and
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4437
(ii) by striking "subsection (f)" and inserting "subsec-
tion (c)", and
(B) in paragraph (2)—
(i) by striking "shall be submitted" and all that
follows through "subsection (e) and", and
(ii) by striking "under subsection (e)",
(3) by redesignating subsections (f) through (1) as subsections
(c) through (i), respectively, and
(4) by striking subsection (m).
SEC. 7254. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELIN-
QUENCY PREVENTION.
(a) FUNCTIONS.—Section 206(c) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5616(c)) is amended—
(1) in the first sentence by striking ", in consultation with the
Advisory Board on Missing Children,", and
(2) in the third sentence—
(A) by striking "is authorized to" and inserting "shall",
and
(B) by striking "section 223(a)(12)(A) and (13)" and insert-
ing "paragraphs (12)(A), (13), and (14) of section 223(a)", and
(3) by adding at the end the following: "The Council shall
review the reasons why Federal agencies take juveniles into
custody and shall make recommendations regarding how to
improve Federal practices and facilities for holding juveniles in
custody.".
(b) CONFORMING AMENDMENT.—Section 206(d) of the Juvenile Jus-
tice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(d)) is
amended by striking "and" and all that follows through "title".
(c) ALLOCATION.—Section 206(g) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5616(g)) is amended to read
as follows:
"(g) Of sums available to carry out this part, not more than
$200,000 shall be available to carry out this section.".
SEC. 7255. ANNUAL REPORTS.
Part A of title II of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5611-5616) is amended by adding at the
end the following:
" A N N U A L REPORT
"SEC. 207. Not later than 180 days after the end of a fiscal year, 42 USC 5617.
the Administrator shall submit to the President, the Speaker of the
House of Representatives, and the President pro tempore of the
Senate a report that contains the following with respect to such
fiscal year:
"(1) A detailed summary and analysis of the most recent data
available regarding the number of juveniles taken into custody,
the rate at which juveniles are taken into custody, and the
trends demonstrated by the data required by subparagraphs (A),
(B), and (C). Such summary and analysis shall set out the
information required by subparagraphs (A), (B), (C), and (D)
separately for juvenile nonoffenders, juvenile status offenders,
and other juvenile offenders. Such summary and analysis shall
separately address with respect to each category of juveniles
specified in the preceding sentence—
102 STAT. 4438 PUBLIC LAW 100-690—NOV. 18, 1988
"(A) the types of offenses with which the juveniles are
charged;
"(B) the race and gender of the juveniles;
"(C) the ages of the juveniles;
"(D) the types of facilities used to hold the juveniles in
custody, including secure detention facilities, secure correc-
tional facilities, jails, and lockups; and
"(E) the number of juveniles who died while in custody
and the circumstances under which they died.
"(2) A description of the activities for which funds are ex-
pended under this part, including the objectives, priorities,
accomplishments, and recommendations of the Council.
"(3) A description, based on the most recent data available, of
the extent to which each State complies with section 223 and
with the plan submitted under such section by the State for
such fiscal year.
"(4) A summary of each program or activity for which assist-
ance is provided under part C or D, an evaluation of the results
of such program or activity, and a determination of the feasibil-
ity and advisability of replicating such program or activity in
other locations.
"(5) A description of selected exemplary delinquency preven-
tion programs for which assistance is provided under this title,
with particular attention to community-based juvenile delin-
quency prevention programs that involve and assist families of
juveniles.".
SEC. 7256. AUTHORITY TO MAKE GRANTS.
Section 221 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5631) is amended—
(1) by amending the heading to read as follows:
" A U T H O R I T Y TO MAKE GRANTS AND CONTRACTS",
(2) by inserting "(a)" after "SEC. 221.", and
(3) by adding at the end the following:
State and local "(b)(1) With not to exceed 2 percent of the funds available in a
governments. fiscal year to Carry out this part, the Administrator shall make
grants to and enter into contracts with public and private agencies,
organizations, and individuals to provide technical assistance to
States, units of general local governments (and combinations
thereof), and local private agencies to facilitate compliance with
section 223 and implementation of the State plan approved under
section 223(c).
"(2) Grants and contracts may be made under paragraph (1) only
to public and private agencies, organizations, and individuals that
have experience in providing such technical assistance. In providing
such technical assistance, the recipient of a grant or contract under
this subsection shall coordinate its activities with the State agency
described in section 291(c)(1).".
SEC. 7257. ALLOCATION.
(a) MINIMUM AULOCATION.—Section 222(a) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5632(a)) is
amended—
(1) by striking "In" and inserting "(1) Subject to paragraph (2)
and i n ' ,
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4439
(2) by striking the last sentence, and
(3) by adding at the end the following:
"(2)(A) Subject to paragraph (3), if the aggregate amount appro- State and local
priated for a fiscal year to carry out this title (other than part D) is governments.
less than $75,000,000, then the amount allotted to each State for territories, u.b.
such fiscal year shall be not less than $325,000, except that the
amount allotted to the Virgin Islands of the United States, Guam,
American Samoa, the Trust Territory of the Pacific Islands, and the
Commonwealth of the Northern Mariana Islands shall be not less
than $75,000 each.
"(B) Subject to paragraph (3), if the aggregate amount appro-
priated for a fiscal year to carry out this title (other than part D)
equals or exceeds $75,000,000, then the amount allotted to each
State for such fiscal year shall be not less than $400,000, except that
the amount allotted to the Virgin Islands of the United States,
Guam, American Samoa, the Trust Territory of the Pacific Islands,
and the Commonwealth of the Northern Mariana Islands shall be
not less than $100,000 each.
"(3) If, £is a result of paragraph (2), the amount allotted to a State
for a fiscal year would be less than the amount allotted to such State
for fiscal year 1988, then the amounts allotted to satisfy the require-
ments of such paragraph shall be reduced pro rata to the extent
necessary to allot to such State for the fiscal year the amount
allotted to such State for fiscal year 1988.".
Ot)) TECHNICAL AMENDMENTS.—Section 222(b) of the Juvenile Jus-
tice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632(b)) is
amended—
(1) in the first sentence by striking "Except for funds appro-
priated for fiscal year 1975, i f and inserting "If, and
(2) by striking the second sentence.
SEC. 7258. STATE PLANS.
(a) INDIAN TRIBES.—Section 223(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended—
(1) in paragraph (5)—
(A) in the matter preceding subparagraph (A) by striking
"through",
(B) in subparagraph (A)—
(i) by inserting "through" after "(A)", and
(ii) by striking "and" at the end,
(C) in subparagraph (B)—
(i) by inserting "through" after "(B)", and
(ii) by inserting "and" after the semicolon,
(D) and by adding a t the end the following:
"(C) to provide funds for programs of Indian tribes that
perform law enforcement functions (as determined by the
Secretary of the Interior) and that agree to attempt to
comply with the requirements specified in paragraphs
(12XA), (13), and (14), applicable to the detention and
confinement of juveniles, an amount that bears the same
ratio to the aggregate amount to be expended through
programs referred to in subparagraphs (A) and (B) as the
population under 18 years of age in the geographical areas
in which such tribes perform such functions bears to the
State population under 18 years of age,", and
(2) in paragraph (8XA)—
102 STAT. 4440 PUBLIC LAW 100-690—NOV. 18, 1988
(A) by inserting "(including any geographical area in
which an Indian tribe performs law enforcement func-
tions)" after "relevant jurisdiction", and
\ (B) by inserting "(including the joining of gangs that
commit crimes)" after "juvenile crime problems" each place
it appears.
(b) DETENTION IN JAILS AND LOCKUPS FOR ADULTS.—Section
223(a)(14) of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5633(a)(14)) is amended—
(1) by striking "1989" and inserting "1993",
(2) in subparagraph (iii) by striking the period and inserting a
semicolon, and
(3) by redesignating subparagraphs (i), (ii), and (iii) as subpara-
graphs (A), (B), and (C), respectively.
(c) OVERREPRESENTATION OF JUVENILES OF MINORITY GROUPS.—
Section 223(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5633(a)) is amended—
(1) in paragraph (22) by striking "and" at the end,
(2) by redesignating paragraph (23) as paragraph (24), and
(3) by inserting after paragraph (22) the following:
"(23) address efforts to reduce the proportion of juveniles
detained or confined in secure detention facilities, secure correc-
\ tional facilities, jails, and lockups who are members of minority
groups if such proportion exceeds the proportion such groups
represent in the general population; and '.
(d) COMPLIANCE REQUIREMENT FOR ELIGIBILITY.—Section 223(c) of
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5633(c)) is amended—
(1) by striking "subpart" and inserting "part",
(2) by inserting "(1)^' after "(c)",
(3) by striking the last sentence, and
(4) by adding at the end the following:
"(2) \Failure to achieve compliance with the requirements of
subsection (a)(14) within the 5-year time limitation shall terminate
any State's eligibility for funding under this part unless the
Administrator—
"(A) determines, in the discretion of the Administrator, that
such State has—
\'(i)(I) removed not less than 75 percent of juveniles from
jails and lockups for adults; or
"(II) achieved substantial compliance with such subsec-
tion; and
"(ii) made, through appropriate executive or legislative
action, an unequivocal commitment to achieving full
compliance within a reasonable time, not to exceed 3 addi-
tional years; or
"(B) waives the termination of the State's eligibility on the
condition that the State agrees to expend all of the funds to be
received under this part by the State (excluding funds required
to be expended to comply with subsections (c) and (d) of section
222 and with section 223(aX5)(C)), only to achieve compliance
with subsection (aX14).
"(3) Except as provided in paragraph (2), failure to achieve compli-
ance with the requirements of subsection (a)(14) after December 8,
1985, shall terminate any State's eligibility for funding under this
part unless the Administrator waives the termination of the State's
eligibility on the condition that the State agrees to expend all of the
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4441
funds to be received under this part by the State (excluding funds
required to be expended to comply with subsections (c) and (d) of
section 222 and with section 223(aX5XC)), only to achieve compliance
with subsection (aX14).
"(4) For purposes of p a r s ^ a p h (2XAXiXII), a State may dem-
onstrate that it is in substantial compliance with such paragraph by
showing that it has—
(A) removed sdl juvenile status offenders and nonoffenders
from jails and lockups for adults;
"(B) made meaningful progress in removing other juveniles
from jails and lockups for adults;
"(C) diligently carried out the State's plan to comply with
subsection (aX14); and
"(D) historically expended, and continues to expend, to
comply with subsection (aX14) an appropriate and significant
share of the funds received by the State under this part.".
SEC. 7259. NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND DELIN-
QUENCY PREVENTION.
(a) SUPERVISION.—Section 241(b) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5651(b)) is amended by
striking ", and shall" and all that follows through "section 201(c) .
(b) STATE ADVISORY GROUPS.—Section 241(f) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5651(f)) is
amended—
(1) in paragraph (1) by striking "section 224" and inserting
"section 261",
(2) by redesignating paragraphs (1), (2), (3), and (4) as subpara-
graphs (B), (C), (D), and (E), respectively,
(3) by inserting "(1)" after "(f)", and
(4) by striking "provide," and all that follows through "pur-
pose of—", and inserting the following:
"provide technical and financial assistance to an eligible organiza-
tion composed of member representatives of the State advisory
groups appointed under section 223(aX3) to assist such organization
to carry out the functions specified in paragraph (2).
"(2) To be eligible to receive such assistance, such organization
shall agree to carry out activities that include—
"(A) conducting an annual conference of such member rep-
resentatives for purposes relating to the activities of such State
advisory groups;'.
(c) TECHNICAL AMENDMENT.—Section 241 of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5651) is amended
by striking subsection (h).
SEC. 7260. INFORMATION FUNCTION.
Section 242 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5652) is amended—
(1) by inserting "Administrator, acting through the" after
"The",
(2) by striking "Prevention is authorized to" and inserting
"Prevention, shall",
(3) in paragraph (1) by inserting "and" after the semicolon,
(4) by redesignating paragraphs (1) and (2) as pargigraphs (2)
and (3), respectively, and
(5) by inserting before paragraph (2), as so redesignated, the
following:
102 STAT. 4442 PUBLIC LAW 100-690—NOV. 18, 1988
"(1) on a continuing basis, review reports, data, and standards
relating to the juvenile justice system in the United States;".
SEC. 7261. RESEARCH. DEMONSTRATION, AND EVALUATION FUNCTIONS.
Section 243 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5653) is amended—
(1) by striking "National Institute for Juvenile Justice and
Delinquency Prevention" and inserting "Administrator, acting
through the National Institute for Juvenile Justice and Delin-
quency Prevention,",
(2) in paragraph (4) by striking ", upon the request of the
Deputy Administrator",
(3) in paragraph (5)—
(A) in the matter preceding subparagraph (A) by striking
"and related matters" and inserting "and the improvement
of the juvenile justice system",
(B) in subparagraph (A) by striking "and" at the end,
(C) in subparagraph (B) by striking "possible ameliorating
roles of familial relationships" and inserting "effectiveness
of family-centered treatment programs", and
(D) in subparagraph (D) by striking the period at the end
and inserting a semicolon,
(4) in paragraph (6) by striking "and" at the end,
(5) in paragraph (7) by striking the period and inserting a
semicolon, and
State and local (6) by adding at the end the following:
governments. "(g) develop and support model State legislation consistent
with the mandates of this title and the standards developed by
the National Advisory Committee for Juvenile Justice and
Delinquency Prevention before the date of the enactment of the
Juvenile Justice, Runaway Youth, and Missing Children's Act
Amendments of 1984; and
"(9) support research relating to reducing the excessive
proportion of juveniles detained or confined in secure detention
facilities, secure correctional facilities, jails, and lockups who
are members of minority groups.".
SEC. 7262. TECHNICAL ASSISTANCE AND TRAINING FUNCTIONS.
Section 244 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5654) is amended—
(1) by amending the heading to read as follows:
" T E C H N I C A L ASSISTANCE AND TRAINING FUNCTIONS",
(2) by striking "National Institute for Juvenile Justice and
Delinquency Prevention" and inserting "Administrator, acting
through the National Institute for Juvenile Justice and Delin-
quency Prevention",
(3) by striking paragraph (3),
(4) in paragraph (2) by adding "and" at the end,
(5) by redesignating paragraphs (1) and (2) as paragraphs (2)
and (3), respectively, and
(6) by inserting before paragraph (2), as so redesignated, the
following:
State and local "(1) provide technical assistance and training assistance to
governments. Federal, State, and local governments and to courts, public and
Courts, U.S. private agencies, institutions, and individuals in the planning,
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4443
establishment, funding, operation, and evaluation of juvenile
delinquency programs;'.
SEC. 7263. TECHNICAL AND CONFORMING AMENDMENTS TO PARTS B AND
C OF TITLE II.
(a) TECHNICAL AMENDMENTS.—Title II of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is
amended—
(1) in part B—
(A) by striking the heading for subpart I, and
(B) by striking subpart II, and 42 USC
(2) in part C— 5634-5639.
(A) by striking the heading for such part and inserting
the following:
"PART C—NATIONAL PROGRAMS" ,
(B) by inserting after the heading for part C the following:
"Subpart I—National Institute for Juvenile Justice and
Delinquency Prevention",
(C) by striking sections 245 and 246, 42 USC 5656,
(D) in section 249— 5657.
(i) in subsection (a) by striking "section 248" and
inserting "section 245",
(ii) in subsection (b) bv striking "section 248(b)" and
inserting "section 245(b)', and
(iii) in subsection (c) by striking "section 246" and
inserting "section 245",
(E) by redesignating sections 247, 248, and 249 as sections
245, 246, and 247, respectively, and 42 usc
(F) by adding at the end the following: 5659-5661.
"Subpart II—Special Emphasis Prevention and Treatment
Programs
"AUTHORITY TO MAKE GRANTS AND CONTRACTS
"SEC. 261. (a) The Administrator shall, by making grants to and 42 USC 5665.
entering into contracts with public and private nonprofit agencies,
organizations, institutions, and individuals provide for each of the
following during each fiscal year:
"(1) Establishing or maintaining community-based alter-
natives to traditional forms of institutionalization of juvenile
offenders.
"(2) EJstablishing or implementing effective means of divert-
ing juveniles from the traditional juvenile justice and correc-
tional system, including restitution and reconciliation projects
which test and validate selected arbitration models, such as
neighborhood courts or panels, and increase victim satisfaction
while providing alternatives to incarceration for detained or
adjudicated delinquents.
*(3) Establishing or supporting programs stressing advocacy
activities aimed at improving services to juveniles impacted by
the juvenile justice system, including services which encourage
the improvement of due process available to juveniles in the
juvenile justice system, which improve the quality of legal
102 STAT. 4444 PUBLIC LAW 100-690—NOV. 18, 1988
representation of such juveniles, and which provide for the
appointment of special advocates by courts for such juveniles.
"(4) Developing or supporting model programs to strengthen
and maintain the family unit in order to prevent or treat
juvenile delinquency.
"(5) Establishing or implementing special emphasis preven-
tion and treatment programs relating to juveniles who commit
serious crimes (including such crimes committed in schools),
including programs designed to deter involvement in illegal
activities or to promote involvement in lawful activities on the
part of gangs whose membership is substantially composed of
juveniles.
Education. "(6) Developing or implementing further a coordinated, na-
tional law-related education program of—
"(A) delinquency prevention in elementary and secondary
schools, and other local sites;
"(B) training for persons responsible for the implementa-
tion of law-related education programs; and
"(C) disseminating information regarding model, innova-
tive, law-related education programs to juvenile delin-
quency programs, including those that are community
based, and to law enforcement and criminal justice agencies
for activities related to juveniles.
Minorities. "(7) Addressing efforts to reduce the proportion of juveniles
detained or confined in secure detention facilities, secure correc-
tional facilities, jails, and lockups who are members of minority
groups if such proportion exceeds the proportion such groups
represent in the general population.
"(b) The Administrator is authorized, by making grants to and
entering into contracts with public and private nonprofit agencies,
organizations, institutions, and individuals, to develop and imple-
ment new approaches, techniques, and methods designed to—
"(1) improve the capability of public and private agencies and
organizations to provide services for delinquents and other
juveniles to help prevent juvenile delinquency;
Education. "(2) develop and implement, in coordination with the Sec-
retary of Education, model programs and methods to keep
students in elementary and secondary schools, to prevent un-
warranted and arbitrary suspensions and expulsions, and to
encourage new approaches and techniques with respect to the
prevention of school violence and vandalism;
Employment "(3) develop, implement, and support, in conjunction with the
and unemploy- Secretary of Labor, other public and private agencies, organiza-
ment.
tions, business, and industry, programs for the employment of
juveniles;
State and local "(4) develop and support programs designed to encourage and
governments. assist State legislatures to consider and establish policies
consistent with this title, both by amending State laws, if
necessary, and devoting greater resources to effectuate such
policies;
Handicapped "(5) develop and implement programs relating to juvenile
persons. delinquency and learning disabilities, including on-the-job train-
ing programs to assist law enforcement personnel and juvenile
justice personnel to more effectively recognize and provide for
learning-disabled and other handicapped juveniles;
"(6) develop statewide programs through the use of subsidies
or other financial incentives designed to—
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4445
"(A) remove juveniles from jails and lockups for adults;
"(B) replicate juvenile programs designated as exemplary
by the National Institute of Justice; or
"(C) establish and adopt, based upon the recommenda-
tions of the National Advisory Committee for Juvenile
Justice and Delinquency Prevention made before the date
of the enactment of the Juvenile Justice, Runaway Youth,
and Missing Children's Act Amendments of 1984, standards
for the improvement of juvenile justice within each State
involved; and
"(7) develop and implement model programs, relating to the
special education needs of delinquent and other juveniles, which
develop locally coordinated policies and programs among edu-
cation, juvenile justice, and social service agencies.
"(c) Not less than 30 percent of the funds available for grants and
contracts under this section shall be available for grants to and
contracts with private nonprofit agencies, organizations, and institu-
tions which have experience in dealing with juveniles.
"(d) Assistance provided under this section shall be available on Discrimination,
an equitable basis to deal with female, minority, and disadvantaged prohibition,
juveniles, including juveniles who are mentally, emotionally, or
physically handicapped.
"(e) Not less than 5 percent of the funds available for grants and Territories, U.S.
contracts under this section shall be available for grants and con-
tracts designed to address the special needs and problems of juvenile
delinquency in the Virgin Islands of the United States, Guam,
American Samoa, the Trust Territory of the Pacific Islands, and the
Commonwealth of the Northern Mariana Islands.
CONSIDERATIONS FOR APPROVAL OF APPUCATIONS Grants.
Contracts.
"SEC. 262. (a) Any agency, institution, or individual desiring to State and local
receive a grant, or enter into a contract, under this part shall submit governments.
42 u s e 5665a.
an application at such time, in such manner, and containing or
accompanied by such information as the Administrator may
prescribe.
"(b) In accordance with guidelines established by the Adminis-
trator, each application for assistance under this part shall—
"(1) set forth a program for carrying out one or more of the
purposes set forth in this part and specifically identify each
such purpose such program is designed to carry out;
"(2) provide that such program shall be administered by or
under the supervision of the applicant;
"(3) provide for the proper and efficient administration of
such program;
"(4) provide for regular evaluation of such program;
"(5) certify that the applicant has requested the State plan-
ning agency and local agency designated in section 223, if any
to review and comment on such application and indicate the
responses of such State planning agency and local agency to
such request;
"(6) attach a copy of the responses of such State planning
agency and local agency to such request;
"(7) provide that regular reports on such program shall be Reports.
sent to the Administrator and to such State planning agency
and local agency; and
102 STAT. 4446 PUBLIC LAW 100-690—NOV. 18, 1988
"(8) provide for such fiscal control and fund accounting proce-
dures as may be necessary to ensure prudent use, proper
disbursement, and accurate accounting of funds received under
this title.
"(c) In determining whether or not to approve applications for
grants and for contracts under this part, the Administrator shall
consider—
"(1) the relative cost and effectiveness of the proposed pro-
gram in carrying out this part;
"(2) the extent to which such program will incorporate new or
innovative techniques;
"(3) if a State plan has been approved by the Administrator
under section 223(c), the extent to which such program meets
the objectives and priorities of the State plan, taking into
consideration the location and scope of such program;
"(4) the increase in capacity of the public and private agency,
institution, or individual involved to provide services to address
juvenile delinquency and juvenile delinquency prevention;
"(5) the extent to which such program serves communities
which have high rates of juvenile unemployment, school drop-
out, and delinquency; and
Urban areas. "(6) the adverse impact that may result from the restriction of
eligibility, based upon population, for cities with a population
greater than 40,000 located within States which have no city
with a population over 250,000.
Federal Register, "(d)(1)(A) Programs selected for assistance through grants or con-
publication. tracts under this part (other than section 241(f)) shall be selected
through a competitive process to be established by rule by the
Administrator. As part of such a process, the Administrator shall
announce in the Federal Register—
"(i) the availability of funds for such assistance;
"(ii) the general criteria applicable to the selection of ap-
plicants to receive such assistance; and
"(iii) a description of the procedures applicable to submitting
and reviewing applications for such assistance.
"(B) The competitive process described in subparagraph (A) shall
not be required if the Administrator makes a written determination
that—
"(i)(I) the proposed program is not within the scope of any
announcement issued, or expected to be issued, by the Adminis-
trator regarding the availability of funds to carry out programs
under this part, but can be supported by a grant or contract in
accordance with this part; and
"(II) such program is of such outstanding merit, as deter-
mined through peer review conducted under paragraph (2), that
the award of a grant or contract without competition is justified;
or
"(ii) the applicant is uniquely qualified to provide proposed
training services as provided in section 244 and other qualified
sources are not capable of providing such services, and includes
in such determination the factual and other bases thereof.
"(C) If a program is selected for assistance without competition
pursuant to the exception provided in subparagraph (B), the
Administrator shall promptly so notify the chairman of the Commit-
tee on Education and Labor of the House of Representatives and the
chairman of the Committee on the Judiciary of the Senate. Such
notification shall include copies of the Administrator's determina-
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4447
tion made under such subparagraph and the peer review determina-
tion required by paragraph (2).
"(2)(A) Programs selected for assistance through grants or con-
tracts under this part (other than section 241(f)) shall be reviewed
before selection, and thereafter as appropriate, through a formal
peer review process utilizing experts (other than officers and
employees of the Department of Justice) in fields related to the
subject matter of the proposed program.
"(B) Such process shall be established by the Administrator in Reports,
consultation with the Directors and other appropriate officials of the
National Science Foundation and the National Institute of Mental
Health. Before implementation of such process, the Administrator
shall submit such process to such Directors, each of whom shall
prepare and furnish to the chairman of the Committee on Education
and Labor of the House of Representatives and the chairman of the
Committee on the Judiciary of the Senate a final report containing
their comments on such process as proposed to be established.
"(3) The Administrator, in establishing the processes required
under paragraphs (1) and (2), shall provide for emergency expedited
consideration of the proposed programs if necessary to avoid any
delay which would preclude carrying out such programs.
"(e) A city shall not be denied assistance under this part solely on
the basis of its population.
"(f) Notification of grants and contracts made under this part (and
the applications submitted for such grants and contracts) shall, upon
being made, be transmitted by the Administrator, to the chairman
of the Committee on Education and Labor of the House of Rep-
resentatives and the chairman of the Committee on the Judiciary of
the Senate.".
(b) CONFORMING AMENDMENTS.—(1) Section 223(aXl) of the Juve-
nile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5633(a)(1)) is amended by striking "section 261(cXl)" and inserting
"section 291(c)(1)".
(2) Section 246 of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5660), as so redesignated by section
(aX2)(E), is amended by striking "section 248" and inserting "section
245".
SEC. 7264. SPECIAL STUDIES AND REPORTS.
The Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601) is amended by inserting after section 247, as so redesig-
nated by section 7263(aX2XE), the following:
"SPECIAL STUDIES AND REPORTS
"SEC. 248. (a) Not later than 1 year after the date of the enactment 42 use 5662.
of the Juvenile Justice and Delinquency Prevention Amendments of
1988, the Administrator shall begin to conduct a study with respect
to the juvenile justice system—
"(1) to review—
"(A) conditions in detention and correctional facilities for
juveniles; and
"(B) the extent to which such facilities meet recognized
national professional standards; and
"(2) to make recommendations to improve conditions in such
facilities.
102 STAT. 4448 PUBLIC LAW 100-690—NOV. 18, 1988
Indians. "Ot))(l) Not later than 1 year after the date of the enactment of the
Juvenile Justice and Delinquency Prevention Amendments of 1988,
the Administrator shall begin to conduct a study to determine—
"(A) how juveniles who are American Indians and Alaskan
Natives and who are accused of committing offenses on and
near Indian reservations and Alaskan Native villages, respec-
tively, are treated under the systems of justice administered by
Indian tribes and Alaskan Native organizations, respectively,
that perform law enforcement functions;
"(B) the amount of financial resources (including financial
assistance provided by governmental entities) available to
Indian tribes and Alaskan Native organizations that perform
law enforcement functions, to support community-based alter-
natives to incarcerating juveniles; and
"(C) the extent to which such tribes and organizations comply
with the requirements specified in paragraphs (12)(A), (13), and
(14) of section 223(a), applicable to the detention and confine-
ment of juveniles.
"(2)(A) For purposes of section 7(b) of the Indian Self-Determina-
tion and Elducation Assistance Act (25 U.S.C. 450e(b)), any contract,
subcontract, grant, or subgrant made under paragraph (1) shall be
deemed to be a contract, subcontract, grant, or subgrant made for
the benefit of Indians.
"(B) For purposes of section 7(b) of such Act and subparagraph (A)
of this paragraph, references to Indians and Indian organizations
shall be deemed to include Alaskan Natives and Alaskan Native
organizations, respectively.
Reports. '(c) Not later than 3 years after the date of the enactment of the
Juvenile Justice and Delinquency Prevention Amendments of 1988,
the Administrator shall submit a report to the chairman of the
Committee on Education and Labor of the House of Representatives
and the chairman of the Committee on the Judiciary of the Senate
containing a description, and a summary of the results, of the study
conducted under subsection (a) or (b), as the case may be.".
SEC. 726.5. AUTHORIZATION OF APPROPRIATIONS.
(a) FUNDS AUTHORIZED FOR FISCAL YEARS.—Section 261(a) of part
D of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5671(a)) is amended—
(1) by inserting "(1)" after "(a)",
(2) by inserting "(other than part D)" after "this title",
(3) by striking "1985,1986,1987, and 1988",
(4) by inserting "1989,1990,1991, and 1992", and
(5) by adding at the end the following:
"(2XA) Subject to subparagraph (B), to carry out part D, there are
authorized to be appropriated $15,000,000 for fiscal year 1989 and
such sums as may be necessary for each of the fiscal years 1990,
1991, and 1992.
"(B) No funds may be appropriated to carry out part D of this title
for a fiscal year unless the aggregate amount appropriated to carry
out this title (other than part D) for such fiscal year is not less than
the aggregate amount appropriated to carry out this title (other
than part D) for the preceding fiscal year.".
(b) ALLOCATIONS.—Section 261(b) of part D of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 567101))) is
(1) by inserting "(other than part D)" after "this title"
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4449
(2) in paragraph (1) by striking "7.5 percent" and inserting "5
percent ,
(3) in paragraph (2) by striking "81.5 percent" and inserting
"70 percent", and
(4) in paragraph (3) by striking "11 percent" and inserting "25
percent .
SEC. 7266. TECHNICAL AMENDMENTS TO PART D OF TITLE II.
Part D of title II of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (42 U.S.C. 5671-5672 note) is amended—
(1) by amending the heading of such part to read as follows:
"PART E—GENERAL AND ADMINISTRATIVE PROVISIONS",
(2) by striking section 263, 42 use 5601
(3) by redesignating sections 261 and 262 as note,
sections 291 and 292, respectively, and 42 use 5671,
(4) by adding at the end the following: 5672.
"WITHHOLDING
"SEC. 293. Whenever the Administrator, after giving reasonable 42 use 5673.
notice and opportunity for hearing to a recipient of financial assist-
ance under this title, finds that—
"(1) the program or activity for which the grant or contract
involved was made has been so changed that it no longer
complies with this title; or
"(2) in the operation of such program or activity there is
failure to comply substantially with any provision of this title;
the Administrator shall initiate such proceedings as are appro-
priate.
"USE OF FUNDS
"SEC. 294. (a) Funds paid pursuant to this title to any public or 42 use 5674.
private agency, organization, or institution, or to any individual
(either directly or through a State planning agency) may be used
for—
"(1) planning, developing, or operating the program designed
to carry out this title; and
"(2) not more than 50 per centum of the cost of the construc-
tion of any innovative community-based facility for fewer than
20 persons which, in the judgment of the Administrator, is
necessary to carry out this title.
"(b) Except as provided in subsection (a), no funds paid to any
public or private agency, or institution or to any individual under
this title (either directly or through a State agency or local agency)
may be used for construction.
"(c)(1) Funds paid pursuant to section 223(aX10)(D) and section
261(a)(3) to any public or private agency, organization, or institution
or to any individual shall not be used to pay for any personal
service, advertisement, telegram, telephone communication, letter,
printed or written matter, or other device intended or designed to
influence a Member of Congress or any other Federal, State, or local
elected official to favor or oppose any Acts, bills, resolutions, or
similar legislation, or any referendum, initiative, constitutional
amendment, or any similar procedure of the Congress, any State
legislature, any local council, or any similar governing body, except
102 STAT. 4450 PUBLIC LAW 100-690—NOV. 18, 1988
that this paragraph shall not preclude such funds from being used
in connection with communications to Federal, State, or local
elected officials, upon the request of such officials through proper
official channels, pertaining to authorization, appropriation, or over-
sight measures directly affecting the operation of the program
involved.
"(2) The Administrator shall take such action as may be necessary
to ensure that no funds paid under section 223(a)(10)(D) or section
261(a)(3) are used either directly or indirectly in any manner prohib-
ited in this paragraph.
"PAYMENTS
42 use 5675. "SEC. 295. (a) Payments under this title, pursuant to a grant or
contract, may be made (after necessary adjustment, in the case of
grants, on account of previously made overpayments or underpay-
ments) in advance or by way of reimbursement, in such installments
and on such conditions as the Administrator may determine.
"(b) Except as provided in the second sentence of section 222(c),
financial assistance extended under this title shall be 100 per
centum of the approved costs of the program or activity involved.
Indians. "(c)(1) In the case of a grant under this title to an Indian tribe, if
the Administrator determines that the tribe does not have sufficient
funds available to meet the local share of the cost of any program or
activity to be funded under the grant, the Administrator may
increase the Federal share of the cost thereof to the extent the
Administrator deems necessary.
"(2) If a State does not have an adequate forum to enforce grant
provisions imposing any liability on Indian tribes, the Administrator
may waive State liability attributable to the liability of such tribes
and may pursue such legal remedies as are necessary.
"(d) If the Administrator determines, on the basis of information
available to the Administrator during any fiscal year, that a portion
of the funds granted to an applicant under part C for such fiscal
year will not be required by the applicant or will become available
by virtue of the application of the provisions of section 802 of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended
from time to time, that portion shall be available for reallocation in
an equitable manner to States which comply with the requirements
in paragraphs (12)(A) and (13) of section 223(a), under section
261(b)(6).
"CONFIDENTIALITY OF PROGRAM RECORDS
42 use 5676. "SEC. 296. Except as authorized by law, program records contain-
ing the identity of individual juveniles gathered for purposes pursu-
ant to this title may not be disclosed without the consent of the
service recipient or legally authorized representative, or as may be
necessary to carry out this title. Under no circumstances may
program reports or findings available for public dissemination con-
tain the actual names of individual service recipients.".
SEC. 7267. PREVENTION AND TREATMENT PROGRAMS RELATING TO
JUVENILE GANGS.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5671-5672 note) is amended by inserting after part C,
as amended by this subtitle, the following:
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4451
"PART D—PREVENTION AND TREATMENT PROGRAMS RELATING TO
JUVENILE GANGS AND DRUG ABUSE AND DRUG TRAFFICKING
"AUTHORITY TO MAKE GRANTS AND CONTRACTS
"SEC. 281. The Administrator shall, by making grants to and 42 u s e 5667.
entering into contracts with public and private nonprofit agencies,
organizations, institutions, and individuals, establish and support
programs and activities that involve families and communities and
that are designed to carry out any of the following purposes:
"(1) To reduce the participation of juveniles in drug-related
crimes (including drug trafficking and drug use), particularly in
elementary and secondary schools.
"(2) To develop within the juvenile adjudicatory and correc-
tional systems new and innovative means to address the prob-
lems of juveniles convicted of serious drug-related and gang-
related offenses.
"(3) To reduce juvenile involvement in gang-related activity,
particularly activities that involve the distribution of drugs by
or to juveniles.
"(4) To promote the involvement of juveniles in lawful activi-
ties in geographical areas in which gangs commit crimes.
"(5) To provide treatment to juveniles who are members of
such gangs, including members who are accused of committing
a serious crime and members who have been adjudicated as
being delinquent.
"(6) To support activities to inform juveniles of the avail-
ability of treatment and services for which financial assistance
is provided under this part.
"(7) To facilitate Federal and State cooperation with local Schools and
school officials to assist juveniles who are likely to participate in colleges.
the activities of gangs that commit crimes and to establish and State and local
support programs that facilitate coordination and cooperation governments.
among local education, juvenile justice, employment, and social
service agencies, for the purpose of preventing or reducing the
participation of juveniles in activities of gangs that commit
crimes.
"(8) To provide personnel, personnel training, equipment, and
supplies in conjunction with programs and activities designed to
prevent or reduce the participation of juveniles in unlawful
gang activities or unlawful drug activities, to assist in improv-
ing the adjudicative and correctional components of the juvenile
justice system.
"(9) To provide pre- and post-trial drug abuse treatment to
juveniles in the juvenile justice system.
"(10) To provide drug abuse education, prevention and treat-
ment involving police and juvenile justice officials in demand
reduction programs.
APPROVAL OF APPUCATIONS
"SEC. 282. (a) Any agency, institution, or individual desiring to Grants.
receive a grant, or to entef into a contract, under this part shall Contracts.
submit an application at such time, in such manner, and containing 42 USC 5667a.
102 STAT. 4452 PUBLIC LAW 100-690—NOV. 18, 1988
or accompanied by such information as the Administrator may
prescribe.
"(b) In accordance with guideUnes established by the Adminis-
trator, each application for assistance under this part shall—
"(1) set forth a program or activity for carrying out one or
more of the purposes specified in section 281 and specifically
identify each such purpose, such program or activity is designed
to carry out;
"(2) provide that such program or activity shall be adminis-
tered by or under the supervision of the applicant;
"(3) provide for the proper and efficient administration of
such program or activity;
"(4) provide for regular evaluation of such program or
activity;
"(5) certify that the applicant has requested the State plan-
ning agency and local agency designated in section 223, if any,
to review and comment on such application and indicate the
responses of such State planning agency and local agency to
such request;
"(6) attach a copy of the responses of such State planning
agency and local agency to such request;
Reports. "(7) provide that regular reports on such program or activity
shall be sent to the Administrator and to such State planning
agency and local agency; and
"(8) provide for such fiscal control and fund accounting proce-
dures as may be necessary to ensure prudent use, proper
disbursement, and accurate accounting of funds received under
this title.
"(c) In reviewing applications for grants and contracts under this
part, the Administrator shall give priority to applications—
"(1) based on the incidence and severity of crimes committed
by gangs whose membership is composed primarily of juveniles
or the incidence of juvenile drug abuse and drug trafficking, in
the geographical area in which the applicants propose to carry
out the programs and activities for which such grants and
contracts are requested; and
"(2) for assistance for programs and activities that have the
broad support of organizations operating in such geographical
areas, as demonstrated by the applicants.'.
CHAPTER 2—AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH
ACT
SEC. 7271. GRANTS FOR RUNAWAY AND HOMELESS YOUTH CENTERS.
(a) TECHNICAL AMENDMENT.—The heading for section 311 of the
Runaway and Homeless Youth Act (42 U.S.C. 5711) is amended to
read as follows:
"AUTHORITY TO MAKE GRANTS".
(b) GRANT PROGRAM.—Subsections (a) and (b) of section 311 of the
Runaway and Homeless Youth Act (42 U.S.C. 5711) are amended to
read as follows:
"(a) The Secretary shall make grants to public and private entities
(and combinations of such entities) to establish and operate (includ-
ing renovation) local runaway and homeless youth centers to pro-
vide services to deal primarily with the immediate needs of runaway
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4453
or otherwise homeless youth, and their families, in a manner which
is outside the law enforcement structure and the juvenile justice
system.
"(b)(1) Subject to paragraph (2) and in accordance with regulations
promulgated under this title, funds for grants under subsection (a)
shall be allotted annually with respect to the States on the basis of
their relative population of individuals who are less than 18 years of
age.
"(2) Subject to paragraph (3), the amount allotted under para- Territories, U.S.
graph (1) with respect to each State for a fiscal year shall be not less
than $75,000, except that the amount allotted to the Virgin Islands
of the United States, Guam, American Samoa, the Trust Territory of
the Pacific Islands, and the Commonwealth of the Northern Mari-
ana Islands shall be not less than $30,000 each.
"(3) If, £is a result of paragraph (2), the amount allotted under
paragraph (1) with respect to a State for a fiscal year would be less
than the aggregate amount of grants made under this part to
recipients in such State for fiscal year 1988, then the amounts
allotted to satisfy the requirements of such paragraph shall be
reduced pro rata to the extent necessary to allot under paragraph (1)
with respect to such State for the fiscal year an amount equal to the
aggregate amount of grants made under this part to recipients in
such State for fiscal year 1988.
"(4) In selecting among applicants for grants under subsection (a),
the Secretary shall give priority to private entities that have experi-
ence in providing the services described in such subsection.".
(c) CONFORMING AMENDMENTS.—(1) Sections 312 and 313 of the
Runaway and Homeless Youth Act (42 U.S.C. 5712, 5713) are each
amended by striking "this part" each place it appears and inserting
"section 311(a)".
(2) Section 312(a) of the Runaway and Homeless Youth Act (42
U.S.C. 5712(a)) is amended by inserting "and homeless youth" after
"proposed runaway".
(3) Section 312(b) of the Runaway and Homeless Youth Act (42
U.S.C. 5712(b)) is amended—
(A) in the matter preceding paragraph (1) by striking "meet-
ing" and all that follows through "center—", and inserting
"including assurances that the applicant—",
(B) in paragraph (1)—
(i) by striking "shall be" and inserting "shall operate a
runaway and homeless youth center", and
(ii) by inserting "and homeless" after "by runaway",
(C) in paragraphs (3) and (5) by striking "runaway center"
each place it appears and inserting "runaway and homeless
youth center",
(D) in paragraphs (4) and (6) by striking "runaway youths"
each place it appears and inserting "runaway and homeless
youth", and
(E) in paragraphs (5) and (6) by striking "runaway youth"
each place it appears and inserting "runaway and homeless
youth^'.
(4) Section 314 of the Runaway and Homeless Youth Act (42 U.S.C.
5714) is amended by striking "runaway center" and inserting "run-
away and homeless youth center".
(5) Section 317 of the Runaway and Homeless Youth Act (42 U.S.C.
5715) is amended—
102 STAT. 4454 PUBLIC LAW 100-690—NOV. 18, 1988
(A) by striking "runaway centers" and inserting "runaway
and homeless youth centers", and
(B) by striking "runaway youth" and inserting "runaway and
homeless youth".
(6) Section 318(a) of the Runaway and Homeless Youth Act (42
U.S.C. 5716(a)) is amended by striking "acquisition and".
SEC. 7272. ADDITIONAL TECHNICAL AMENDMENTS.
The Runaway and Homeless Youth Act (42 U.S.C. 5701-5751) is
amended—
(1) by amending the heading for part A to read as follows:
"PART A—RUNAWAY AND HOMELESS YOUTH GRANT PROGRAM",
(2) by striking the headings for parts B and C, and
(3) by inserting before the heading for section 317 the
following:
"PART D—ADMINISTRATIVE PROVISIONS".
SEC. 7273. AUTHORIZATION OF TRANSITIONAL LIVING PROJECTS.
(a) ASSISTANCE TO POTENTIAL GRANTEES.—Section 315 of the Run-
away and Homeless Youth Act (42 U.S.C. 5714a) is amended—
(1) by inserting "and transitional living youth projects" after
"homeless youth centers",
(2) in paragraph (1) by inserting "or transitional living youth
project" after "homeless youth center",
(3) by inserting "or such project" after "such center" each
place it appears, and
(4) in paragraph (3) by inserting "and homeless" after
"runaway".
(b) LEASE OF SURPLUS FEDERAL FACILITIES.—Section 316 of the
Runaway and Homeless Youth Act (42 U.S.C. 5714b) is amended—
(1) in the heading of such section by inserting "OR AS TRANSI-
TIONAL LIVING YOUTH SHELTER FACIUTIES" after "HOMELESS
YOUTH CENTERS", a n d
(2) in subsection (a)—
(A) by inserting "or as transitional living youth shelter
facilities" after "homeless youth centers", and
(B) in paragraph (1) by inserting "or transitional living
youth project, as the case may be, under this title" after
"homeless youth center".
(c) REPORTS.—Section 317 of the Runaway and Homeless Youth
Act (42 U.S.C. 5715) is amended—
(1) by inserting "(a)" after "SEC. 317.",
(2) by striking "this part" and inserting "part A", and
(3) by adding at the end thereof the following:
"(b) The Secretary shall annually report to the Congress on the
status and accomplishments of the transitional living youth projects
which are funded under part B, with particular attention to—
"(1) the number and characteristics of homeless youth served
by such projects;
"(2) describing the types of activities carried out under such
projects;
"(3) the effectiveness of such projects in alleviating the imme-
diate problems of homeless youth;
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4455
"(4) the effectiveness of such projects in preparing homeless
youth for self sufficiency;
"(5) the effectiveness of such projects in helping youth decide
upon future education, employment, and independent living;
and
"(6) the ability of such projects to strengthen family relation-
ships, and encourage the resolution of intra-family problems
through counseling and the development of self-sufficient living
skills.".
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 331 of the Run-
away and Homeless Youth Act (42 U.S.C. 5751) is amended—
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively, and
(2) by inserting after subsection (a) the following:
"(bXD Subject to paragraph (2), to carry out the purposes of part B
of this title, there are authorized to be appropriated $5,000,000 for
fiscal year 1989 and such sums as may be necessary for each of the
fiscal years 1990,1991, and 1992.
"(2) No funds may be appropriated to carry out part B of this title
for a fiscal year unless the aggregate amount appropriated for such
fiscal year to carry out part A of this title exceeds $26,900,000.".
(e) TECHNICAL AMENDMENTS.—The Runaway and Homeless Youth
Act (42 U.S.C. 5701-5751) is amended—
(1) by inserting before the heading for section 315 the
following:
"PART C—GENERAL PROVISIONS", and
(2) by redesignating sections 315, 316, 317, 318, 321, and 331 as
sections 341, 342, 361, 362, 363, and 366, respectively. 42 usc 57i4a,
(f) GRANTS FOR TRANSITIONAL LIVING YOUTH PROJECTS.—The Run- 57i4b, 5715,
away and Homeless Youth Act (42 U.S.C. 5701-5751) is amended by 5716, 5731, 5751.
inserting after section 314 the following:
"PART B—TRANSITIONAL LIVING GRANT PROGRAM
"PURPOSE AND AUTHORITY FOR PROGRAM
"SEC. 321. (a) The Secretary is authorized to make grants and to 42 USC 5714-1.
provide technical assistance to public and nonprofit private entities
to establish and operate transitional living youth projects for home-
less youth.
"(jo) For purposes of this part—
"(1) the term 'homeless youth' means any individual—
"(A) who is not less than 16 years of age and not more
than 21 years of age;
"(B) for whom it is not possible to live in a safe environ-
ment with a relative; and
"(C) who has no other safe alternative living arrange-
ment; and
"(2) the term 'transitional living youth project' means a
project that provides shelter and services designed to promote a
transition to self-sufficient living and to prevent long-term
dependency on social services.
19-194 O-91-Part 5 15 : QL 3
102 STAT. 4456 PUBLIC LAW 100-690—NOV. 18, 1988
EUGIBILITY
42 use 5714-2. "SEC. 322. (a) To be eligible for assistance under this part, an
applicant shall propose to establish, strengthen, or fund a transi-
tional living youth project for homeless youth and shall submit to
the Secretary a plan in which such applicant agrees, as part of such
project—
"(1) to provide, directly or indirectly, shelter (such as group
homes, host family homes, and supervised apartments) and
services (including information and counseling services in basic
life skills, interpersonal skill building, educational advance-
ment, job attainment skills, and mental and physical health
care) to homeless youth;
"(2) to provide such shelter and such services to individual
homeless youth throughout a continuous period not to exceed
540 days;
"(3) to provide, directly or indirectly, on-site supervision at
each shelter facility that is not a family home;
"(4) that such shelter facility used to carry out such project
shall have the capacity to accommodate not more than 20
individuals (excluding staff);
"(5) to provide a number of staff sufficient to ensure that all
homeless youth participating in such project receive adequate
supervision and services;
'(6) to provide a written transitional living plan to each youth
based on an assessment of such youth's needs, designed to help
the transition from supervised participation in such project to
independent living or another appropriate living arrangement;
"(7) to develop an adequate plan to ensure proper referral of
homeless youth to social service, law enforcement, educational,
vocational, training, welfare, legal service, and health care
programs and to help integrate and coordinate such services for
youths;
"(8) to provide for the establishment of outreach programs
designed to attract individuals who are eligible to participate in
the project;
Reports. "(9) to submit to the Secretary an annual report that includes
information regarding the activities carried out with funds
under this part, the achievements of the project under this part
carried out by the applicant and statistical summaries describ-
ing the number and the characteristics of the homeless youth
who participate in such project in the year for which the report
is submitted;
"(10) to implement such accounting procedures and fiscal
control devices as the Secretary may require;
"(11) to submit to the Secretary an annual budget that esti-
mates the itemized costs to be incurred in the year for which the
applicant requests a grant under this part;
"(12) to keep adequate statistical records profiling homeless
youth which it serves and not to disclose the identity of individ-
ual homeless youth in reports or other documents based on such
statistical records;
Classified "(13) not to disclose records maintained on individual home-
information, less youth without the consent of the individual youth and
parent or legal guardian to anyone other than an agency
compiling statistical records or a government agency involved
in the disposition of criminal charges against youth; and
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4457
"(14) to provide to the Secretary such other information as the
Secretary may reasonably require.
"(b) In selecting eligible applicants to receive grants under this
part, the Secretary shall give priority to entities that have experi-
ence in providing to homeless youth shelter and services of the types
described in subsection (aXD-".
SEC. 7274. REPORTS.
Section 361 of the Runaway and Homeless Youth Act (42 U.S.C.
5715), as so redesignated by section 7273(eX2), is amended by striking
"The Secretary shall annually" and inserting "Not later than 180
days after the end of each fiscal year, the Secretary shall".
SEC. 7275. NATIONAL COMMUNICATION SYSTEM.
(a) TECHNICAL AMENDMENTS.—Sections 313 and 314 of the Run-
away and Homeless Youth Act (42 U.S.C. 5713-5714) are redesig-
nated as sections 316 and 317, respectively.
(b) AUTHORITY TO MAKE GRANTS.—The Runaway and Homeless
Youth Act (42 U.S.C. 5701-5751) is amended by inserting after
section 312 the following:
GRANTS FOR A NATIONAL COMMUNICATION SYSTEM
"SEC. 313. (a) With funds reserved under subsection (hX the Sec- 42 USC 5712a.
retary shall make grants for a national communication system to
assist runaway and homeless youth in communicating with their
families and with service providers.
"(b) From funds appropriated to carry out this part and after
making the allocation required by section 366(aX2), the Secretary
shall reserve—
"(1) for fiscal year 1989 not less than $500,000;
"(2) for fiscal year 1990 not less than $600,000; and
"(3) for each of the fiscal years 1991 and 1992 not less than
$750,000;
to carry out subsection (a).".
SEC. 7276. GRANTS FOR TECHNICAL ASSISTANCE AND TRAINING.
The Runaway and Homeless Youth Act (42 U.S.C. 5701-5751) is
amended by inserting after section 313, as added by section 7275, the
following:
"GRANTS FOR TECHNICAL ASSISTANCE AND TRAINING
"SEC. 314. The Secretary may make grants to statewide and 42 USC 57i2b.
regional nonprofit organizations (and combinations of such organiza-
tions) to provide technical assistance and training to public and
private entities (and combinations of such entities) that are eligible
to receive grants under section 311(a), for the purpose of assisting
such entities to establish and operate runaway and homeless youth
centers.".
SEC. 7277. GRANTS FOR RESEARCH. DEMONSTRATION, AND SERVICE
PROJECTS.
The Runaway and Homeless Youth Act (42 U.S.C. 5701-5751) is
amended by inserting after section 314, as added by section 7276, the
following:
102 STAT. 4458 PUBLIC LAW 100-690—NOV. 18, 1988
AUTHORITY TO MAKE GRANTS FOR RESEARCH, DEMONSTRA'nON, AND
SERVICE PROJECTS
42 use 5712c. "SEC. 315. (a) The Secretary may make grants to States, localities,
and private entities (and combinations of such entities) to carry out
research, demonstration, and service projects designed to increase
knowledge concerning, and to improve services for, runaway and
homeless youth.
"(b) In selecting among applications for grants under subsection
(a), the Secretary shall give special consideration to proposed
projects relating to—
"(1) juveniles who repeatedly leave and remain away from
their homes;
"(2) outreach to runaway and homeless youth;
"(3) transportation of runaway and homeless youth in connec-
tion with services authorized to be provided under this part;
"(4) the special needs of runaway and homeless youth pro-
grams in rural areas;
"(5) the special needs of foster care home programs for run-
away and homeless youth;
"(6) transitional living programs for runaway and homeless
youth; and
"(7) innovative methods of developing resources that enhance
the establishment or operation of runaway and homeless youth
centers.
"(c) In selecting among applicants for grants under subsection (a),
the Secretary shall give priority to applicants who provide services
directly to runaway and homeless youth.".
SEC. 7278. ANNUAL PROGRAM PRIORITIES.
The Runaway and Homeless Youth Act (42 U.S.C. 5701-5751) is
amended by inserting after section 363, as so redesignated by section
7273(e)(2), the following:
ANNUAL PROGRAM PRIORITIES
Federal "SEC. 364. (a) The Secretary shall develop for each fiscal year, and
Register, publish annually in the Federal Register for public comment a
publication. proposed plan specifying the subject priorities the Secretary will
42 u s e 5732.
follow in making grants under this title for such fiscal year.
"Ot)) Taking into consideration comments received in the 45-day
period beginning on the date the proposed plan is published, the
Secretary shall develop and publish, before December 31 of such
fiscal year, a final plan specifying the priorities referred to in
subsection (a).".
SEC. 7279. COORDINATION WITH ACTIVITIES OF CERTAIN FEDERAL
HEALTH AGENCIES.
The Runaway and Homeless Youth Act (42 U.S.C. 5701-5751) is
amended by inserting after section 364, as added by section 7278, the
following:
"COORDINATION WITH ACTIVITIES
42 u s e 5733. "SEC. 365. With respect to matters relating to communicable
diseases, the Secretary shall coordinate the activities of health
agencies in the Department of Health and Human Services with the
PUBLIC LAW 100-690—NOV. 18, 1988 102 STAT. 4459
activities of the entities that are ehgible to receive grants under this
title.".
SEC. 7280. AUTHORIZATION OF APPROPRIATIONS.
Section 366(a) of the Runaway and Homeless Youth Act of 1974
(42 U.S.C. 5751(a)), as so redesignated by section 7273(dX2), is
amended—
(1) by striking "1985,1986,1987, and 1988",
(2) by inserting "1989,1990,1991, and 1992",
(3) by inserting "(1)" after "(a)", and
(4) by adding at the end the following:
"(2) Not less than 90 percent of the funds appropriated under
paragraph (1) for a fiscal year shall be available to carry out section
311(a) in such fiscal year.'.
CHAPTER 3—AMENDMENTS TO THE MISSING CHILDREN'S ASSISTANCE
ACT
SEC. 7285. D U T I E S AND FUNCTIONS OF ADMINISTRATOR.
(a) ANNUAL REPORT.—Section 404(a) of the Missing Children's
Assistance Act (42 U.S.C. 5773(a)) is amended—
(1) in paragraph (3) by striking "law enforcement",
(2) in paragraph (4) by inserting "and" at the end,
(3) by amending paragraph (5) to read as follows:
"(5) not later than 180 days after the end of each fiscal year,
submit a report to the President, Speaker of the House of
Representatives, and the President pro tempore of the Senate—
"(A) containing a comprehensive plan for facilitating co-
operation and coordination in the succeeding fiscal year
among all agencies and organizations with responsibilities
related to missing children;