Text: S.2650 — 101st Congress (1989-1990)All Information (Except Text)

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S 2650 IS
101st CONGRESS
2d Session
S. 2650
To implement a National Drug Strategy to prevent illegal use of drugs,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 17 (legislative day, APRIL 18), 1990
Mr. BIDEN introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To implement a National Drug Strategy to prevent illegal use of drugs,
and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `National Drug Control Strategy Act of 1990'.
SEC. 2. TABLE OF TITLES.
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TITLE I--LAW ENFORCEMENT
SEC. 1000. TABLE OF CONTENTS.
  The table of contents for this title is as follows:
TITLE I--LAW ENFORCEMENT
Sec. 1000. Table of contents.
Subtitle A--State and Local Law Enforcement Assistance
Sec. 1001. Base allocation for drug enforcement grants and improving the
effectiveness of court process.
Sec. 1002. Community Substance Abuse Prevention Act.
Subtitle B--Drug Days
Sec. 1025. Assisting State and local prosecutors.
Subtitle C--Federal Law Enforcement
Sec. 1051. Additional authorizations.
Subtitle D--Rural Drug Enforcement
Sec. 1101. Short title.
Sec. 1102. Leadership on rural drug policy.
Sec. 1103. Rural drug enforcement assistance.
Sec. 1104. Federal drug enforcement assistance.
Sec. 1105. Training for rural law enforcement officers.
Subtitle E--Mandatory Detention
Sec. 1151. Short title.
Sec. 1152. Mandatory detention.
Sec. 1153. Technical amendments.
Subtitle F--Forfeiture
Sec. 1201. Uses of justice forfeiture fund.
Sec. 1202. Increasing effectiveness of administrative forfeitures.
Sec. 1203. Forfeiture of instrumentalities of a foreign drug offense.
Sec. 1204. Closing of loophole to defeat criminal forfeiture through
bankruptcy.
Sec. 1205. Nonabatement of criminal forfeiture when defendant dies pending
appeal.
Sec. 1206. Forfeiture of personal property used to facilitate a drug offense.
Sec. 1207. Forfeiture of proceeds traceable to conveyances used to facilitate
drug violations.
Sec. 1208. Clarification of attorney general's forfeiture sale authority
and administrative use.
Sec. 1209. Clarification of civil forfeiture seizure warrant authority.
Sec. 1210. Forfeiture and destruction of dangerous, toxic, and hazardous
materials.
Sec. 1211. Elimination of restriction on disposal of judicially forfeited
property by the Treasury Department and the Postal Service.
Sec. 1212. Forfeitability of real property under gambling statute.
Sec. 1213. Customs forfeiture fund.
Subtitle G--Public Corruption
Sec. 1251. Short title.
Sec. 1252. Offense.
Sec. 1253. Technical and conforming amendments.
Sec. 1254. Interstate commerce.
Sec. 1255. Narcotics-related public corruption.
Subtitle H--Juvenile Justice Anti-Gang Program
Sec. 1301. Grant program.
Sec. 1302. Conforming amendments.
Sec. 1303. Treatment of violent juveniles as adults.
Sec. 1304. Serious drug offenses by juveniles as armed career criminal
Act predicates.
Sec. 1305. Redesignation of confusing sections in the Controlled Substances
Act pertaining to children.
Sec. 1306. Clarification of enhanced penalties under Controlled Substances Act.
Subtitle I--Federal Prisoner Drug Testing
Sec. 1401. Short title.
Sec. 1402. Conditions on probation.
Sec. 1403. Conditions on supervised release.
Sec. 1404. Conditions on parole.
Subtitle J--Boot Camps
Sec. 1451. Boot camps.
Subtitle K--Regional Prisons
Sec. 1501. Regional prisons.
Subtitle L--Victims of Child Abuse Act of 1990
Sec. 1551. Short title.
Chapter 1--Drug-Related Child Abuse; Habitual Child Abuse Offense
Sec. 1555. Abuse of children in connection with violations of the drug laws.
Chapter 2--Improving Investigation and Prosecution of Child Abuse Cases
Sec. 1561. Findings.
Sec. 1562. Authority of the administrator to make grants.
Sec. 1563. Grants for specialized technical assistance and training programs.
Sec. 1564. Authorizations of appropriations.
Chapter 3--Court-Appointed Special Advocate Program
Sec. 1565. Findings.
Sec. 1566. Purpose.
Sec. 1567. Strengthening of the court-appointed special advocate program.
Sec. 1568. Authorization of appropriations.
Chapter 4--Child Abuse Training Programs for Judicial Personnel and
Practitioners
Sec. 1571. Findings and purpose.
Sec. 1572. Grants for juvenile and family court personnel.
Sec. 1573. Specialized technical assistance and training programs.
Sec. 1574. Authorization of appropriations.
Chapter 5--Federal Victims' Protections and Rights
Sec. 1575. Child victims' rights.
Sec. 1576. Child abuse reporting.
Chapter 6--Child Care Worker Employee Background Checks
Sec. 1581. Requirement for background checks.
Subtitle M--Steroid Trafficking Act of 1990
Sec. 1601. Short title.
Chapter 1--Anabolic Steroids
Sec. 1611. Steroids listed as controlled substances.
Sec. 1612. Regulations by attorney general.
Chapter 2--Human Growth Hormone
Sec. 1621. Amendment to the Federal Food, Drug, and Cosmetic Act.
Sec. 1622. Conviction of section 303(e) of the Federal Food, Drug, and
Cosmetic Act.
Subtitle A--State and Local Law Enforcement Assistance
SEC. 1001. BASE ALLOCATION FOR DRUG ENFORCEMENT GRANTS AND IMPROVING THE
EFFECTIVENESS OF COURT PROCESS.
  (a) BASE ALLOCATION FOR DRUG ENFORCEMENT GRANT- (1) Paragraph (5) of section
  1001(a) of part J of title I of the Omnibus Crime Control and Safe Streets
  Act of 1968 is amended to read as follows:
  `(5) There are authorized to be appropriated $900,000,000 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.'.
  (2) Section 504(a)(1) of part E of title I of the Omnibus Crime Control
  and Safe Streets Act of 1968, as amended by section 211 of the Department
  of Justice Appropriations Act, 1990 (Public Law 101-162), is amended by
  striking `1990' and inserting `1991'.
  (b) IMPROVING THE EFFECTIVENESS OF COURT PROCESS- Paragraph (10) of section
  501 of part D of title I of the Omnibus Crime Control and Safe Streets
  Act of 1968 is amended to read as follows:
  `(10) improving the operational effectiveness of the court process, by
  expanding prosecutorial, defender, and judicial resources, and implementing
  court delay reduction programs;'.
SEC. 1002. COMMUNITY SUBSTANCE ABUSE PREVENTION ACT.
  (a) SHORT TITLE- This section may be cited as the `Department of Justice
  Community Substance Abuse Prevention Act of 1990'.
  (b) COMMUNITY PARTNERSHIPS- (1) Part E of title I of the Omnibus Crime
  Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended
  by adding at the end thereof the following:
`Subpart 4--Community Coalitions on Substance Abuse
`GRANTS TO COMBAT SUBSTANCE ABUSE
  `SEC. 531. (a) DEFINITION- As used in this section, the term `eligible
  coalition' means an association, consisting of at least seven organizations,
  agencies, and individuals that are concerned about preventing substance
  abuse, that shall include--
  `(1) public and private organizations and agencies that represent law
  enforcement, schools, health and social service agencies, and community-based
  organizations; and
  `(2) representatives of three of the following groups: the clergy, academia,
  business, parents, youth, the media, civic and fraternal groups, or other
  nongovernmental interested parties.
  `(b) GRANT PROGRAM- The Attorney General, acting through the Director of
  the Bureau of Justice Assistance, shall make grants to eligible coalitions
  in order to--
  `(1) plan and implement comprehensive long-term strategies for substance
  abuse prevention;
  `(2) develop a detailed assessment of existing substance abuse prevention
  programs and activities to determine community resources and to identify
  major gaps and barriers in such programs and activities;
  `(3) identify and solicit funding sources to enable such programs and
  activities to become self-sustaining;
  `(4) develop a consensus regarding the priorities of a community concerning
  substance abuse;
  `(5) develop a plan to implement such priorities; and
  `(6) coordinate substance abuse services and activities, including
  prevention activities in the schools or communities and substance abuse
  treatment programs.
  `(c) COMMUNITY PARTICIPATION- In developing and implementing a substance
  abuse prevention program, a coalition receiving funds under subsection
  (b) shall--
  `(1) emphasize and encourage substantial voluntary participation in the
  community, especially among individuals involved with youth such as teachers,
  coaches, parents, and clergy;
  `(2) emphasize and encourage the involvement of businesses, civic groups,
  and other community organizations and members; and
  `(3) initiate programs such as--
  `(A) drug treatment and education;
  `(B) street patrols against crime;
  `(C) sealing up of deserted buildings;
  `(D) youth activities and organizations;
  `(E) other activities related to improving communication and information
  sharing with police; and
  `(F) hire full-time or part-time staff to coordinate and direct the programs
  of the coalition.
  `(d) APPLICATION- An eligible coalition shall submit an application to
  the Attorney General in order to receive a grant under this section. Such
  application shall--
  `(1) describe and, to the extent possible, document the nature and extent of
  the substance abuse problem, emphasizing who is at risk and specifying which
  groups of individuals should be targeted for prevention and intervention;
  `(2) describe the activities needing financial assistance;
  `(3) identify participating agencies, organizations, and individuals;
  `(4) identify the agency, organization, or individual that has responsibility
  for leading the coalition, and provide assurances that such agency,
  organization or individual has previous substance abuse prevention
  experience;
  `(5) describe a mechanism to evaluate the success of the coalition in
  developing and carrying out the substance abuse prevention plan referred
  to in subsection (b)(5) and to report on such plan to the Attorney General
  on an annual basis; and
  `(6) contain such additional information and assurances as the Attorney
  General may prescribe.
  `(e) PRIORITY- In awarding grants under this section, the Attorney General
  shall give priority to a community that--
  `(1) provides evidence of significant substance abuse;
  `(2) proposes a comprehensive and multifaceted approach to eliminating
  substance abuse;
  `(3) encourages the involvement of businesses and community leaders in
  substance abuse prevention activities;
  `(4) demonstrates a commitment and a high priority for preventing substance
  abuse; and
  `(5) demonstrates support from the community and State and local agencies
  for efforts to eliminate substance abuse.
  `(f) REVIEW- (1) Each coalition receiving money pursuant to the provisions
  of this section shall submit an annual report to the Attorney General
  evaluating the effectiveness of the plan described in subsection (b)(5) and
  containing such additional information as the Attorney General may prescribe.
  `(2) The Attorney General, in conjunction with the Director of the Bureau
  of Justice Assistance, shall submit an annual review to the Committees
  on the Judiciary of the United States Senate and United States House of
  Representatives. Such review shall--
  `(1) evaluate the grant program established in this section to determine
  its effectiveness;
  `(2) implement necessary changes to the program that can be done by the
  Attorney General; and
  `(3) recommend any statutory changes that are necessary.
  `(g) LIMITS ON GRANTS- A grant awarded under this section shall not be
  less than $10,000 and not more than $250,000.
  `(h) AUTHORIZATION OF APPROPRIATION- There are authorized to be appropriated
  to carry out the provisions of this section $20,000,000 for fiscal year
  1991 and $25,000,000 for fiscal year 1992.'.
  (2) The table of sections of part E of title I of the Omnibus Crime Control
  and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding
  at the end thereof the following:
`subpart 4--community coalition on substance abuse
`Sec. 531. Grants to combat substance abuse.'.
Subtitle B--Drug Days
SEC. 1025. ASSISTING STATE AND LOCAL PROSECUTORS.
  (a) IN GENERAL- Not later than 90 days after the date of enactment of
  this section, the Attorney General shall direct each of the several United
  States attorneys to--
  (1) in consultation with the chief prosecutor in each State or local
  jurisdiction within the district, establish a program whereby all cases
  involving persons arrested on a designated day each month for offenses that
  are felony violations of the Controlled Substances Act or the Controlled
  Substances Export and Import Act are presented to a Federal grand jury and,
  if indicted, are prosecuted in Federal court; and
  (2) in conjunction with State and local officials and the local heads
  of Federal law enforcement agencies, establish a program aimed at using
  Federal laws to seize and forfeit the automobiles of persons who use
  such vehicles in the commission of drug-related offenses, particularly
  drug-related offenses involving personal use quantities of drugs.
  (b) REPORT- Not less than 180 days after the enactment of this section,
  and annually thereafter, the Attorney General shall prepare a detailed
  report outlining what steps each United States attorney has taken to
  implement the directives issued pursuant to subsection (a) and a complete
  statistical analysis of the accomplishments achieved under this section.
  (c) NO RIGHTS CREATED- Nothing in this section shall be construed as
  creating any substantive or procedural right enforceable by law by any
  party in any proceeding.
Subtitle C--Federal Law Enforcement
SEC. 1051. ADDITIONAL AUTHORIZATIONS.
  There are authorized to be appropriated for the fiscal year ending September
  30, 1991, the following sums (which shall be in addition to any other
  appropriations)--
  (1) For the Federal Bureau of Investigation, $98,000,000 for the hiring of
  additional agents and support personnel to be dedicated to the investigation
  of drug trafficking organizations;
  (2) For the Drug Enforcement Administration, $100,500,000 which shall
  include--
  (A) not to exceed $10,000,000 for enforcing provisions of Federal law
  regarding precursor and essential chemicals;
  (B) not to exceed $37,500,000 for assigning not fewer than 250 agents
  and necessary support personnel to rural areas where State and local law
  enforcement agencies have identified the distribution of `crack' cocaine
  or the manufacture and distribution of methamphetamine to be a serious law
  enforcement problem that exceeds the resources of local law enforcement,
  and involves trafficking across State or national boundaries; and
  (C) not to exceed $15,000,000 to expand DEA State and local task forces,
  including payment of State and local overtime equipment and personnel costs;
  (3) For the United States courts, $9,000,000 for additional probation
  officers, judges, magistrates and other personnel including not to exceed
  $2,000,000 for training, document production, and other expenses related
  to the implementation of the Federal sentencing guidelines;
  (4) For the United States attorneys, $24,000,000 for additional prosecutors
  and staff to implement a program of prosecuting in Federal court drug
  offenses arising out of arrests and investigations conducted by State and
  local law enforcement agencies;
  (5) For defender services, $8,000,000 for the defense of persons prosecuted
  in Federal court for drug offenses arising out of arrests and investigations
  conducted by State and local law enforcement agencies;
  (6) For the United States marshals, $9,000,000;
  (7) For the Bureau of Alcohol, Tobacco and Firearms, $37,500,000 to be
  allocated as follows:
  (A) $31,000,000 for the hiring, training, and equipping of no fewer than
  240 full-time equivalent special agents and no fewer than 120 full-time
  equivalent inspectors, over such personnel levels on board as of September
  30, 1990, for carrying out narcotics related investigation and enforcement
  activities authorized under sections 924 (c), (d), and (e) of title 18,
  United States Code, and for the purchase of law enforcement vehicles; and
  (B) $6,500,000 for the hiring, training and equipping of no fewer than
  50 full-time equivalent special agents and no fewer than 25 full-time
  equivalent inspectors, over such personnel levels on board as of September
  30, 1990, for combatting the international trafficking of firearms used
  in narcotics-related activities;
  (8) For the Internal Revenue Service, $30,000,000 to be allocated as follows:
  (A) $18,000,000 for the hiring and training of no fewer than 347 full-time
  equivalent positions, over such personnel levels on board as of September
  30, 1990, for the processing of currency transaction reports related to
  money laundering investigations; and
  (B) $12,000,000 for the hiring, training, and equipping of no fewer than
  120 special agents, over such personnel levels on board as of September
  30, 1990, for the expansion of investigations into narcotics and other
  criminal-related activities.
Subtitle D--Rural Drug Enforcement
SEC. 1101. SHORT TITLE.
  This subtitle may be cited as the `Rural Drug Enforcement Act'.
SEC. 1102. LEADERSHIP ON RURAL DRUG POLICY.
  (a) DESIGNATION OF OFFICIAL- The Director of National Drug Control Policy
  (hereafter in this subtitle referred to as the `Director') shall designate
  an official in the Office of National Drug Control Policy to act as the
  Rural Drug Policy Coordinator.
  (b) DUTIES OF OFFICIAL- The Rural Drug Policy Coordinator shall--
  (1) examine the special needs of rural areas in drug interdiction;
  (2) recommend to the Director policy options for the enhancement of drug
  interdiction in rural areas;
  (3) coordinate the drug interdiction efforts of Federal agencies (including
  the Drug Enforcement Administration, Bureau of Land Management, the Bureau
  of Indian Affairs, and the National Forest Service) in rural areas; and
  (4) make available to law enforcement agencies in rural areas materials
  pertinent to drug interdiction in rural areas.
SEC. 1103. RURAL DRUG ENFORCEMENT ASSISTANCE.
  (a) IN GENERAL- (1) Subpart 1 of part E of title I of the Omnibus Crime
  Control and Safe Streets Act of 1968 is amended by adding at the end
  thereof the following new section:
`RURAL DRUG ENFORCEMENT ASSISTANCE
  `SEC. 509. (a) There is authorized to be appropriated for rural drug
  enforcement assistance $20,000,000 for fiscal year 1990 and such sums as
  may be necessary for each of the fiscal years 1991 and 1992.
  `(b) Of the total amount appropriated for this section in any fiscal year:
  `(1) 50 percent shall be allocated to and shared equally among rural States
  as described in subsection (c); and
  `(2) 50 percent shall be allocated to the remaining States for use in
  nonmetropolitan areas within those States, as follows:
  `(A) $100,000 to each nonrural State; and
  `(B) of the total funds remaining after the allocation in clause (A), there
  shall be allocated to each State an amount which bears the same ratio to
  the amount of remaining funds described as the population of such State
  bears to the population of all States.
  `(c) For the purpose of this section, the term `rural State' means a State
  that has a population density of fifty-two or fewer persons per square
  mile or a State in which the largest county has fewer than one hundred
  and fifty thousand people.'.
  (2) 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 in subpart 1 of
  part E by adding at the end thereof the following:
`Sec. 509. Rural drug enforcement assistance.'.
  (b) SEPARATE GRANT REQUEST- Section 503(a) of title I of the Omnibus Crime
  Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by
  inserting at the end thereof the following:
  `(11) A separate and detailed request for a grant under section 509 of
  this subpart, including how the funds provided by a grant under section
  506 shall be coordinated with funds provided by a grant under section 509.'.
SEC. 1104. FEDERAL DRUG ENFORCEMENT ASSISTANCE.
  (a) GENERAL STATE ASSISTANCE- In order to provide adequate Federal drug
  enforcement assistance to each of the several States, and to encourage
  Federal, State and local drug enforcement cooperation, the Attorney
  General shall assign not less than 10 Drug Enforcement Administration
  special agents to each of the several States.
  (b) RURAL STATES- In order to provide adequate Federal drug enforcement
  assistance to rural States for any rural State that is currently assigned
  less than 10 Drug Enforcement Administration special agents, as of the date
  of enactment of this subtitle, the Attorney General shall assign not less
  than 4 additional Drug Enforcement Administration special agents to each
  rural State as defined in section 509(c) of title I of the Omnibus Crime
  Control and Safe Streets Act, as added by section 1103 of this subtitle.
SEC. 1105. TRAINING FOR RURAL LAW ENFORCEMENT OFFICERS.
  (a) IN GENERAL- The Secretary of the Treasury, acting through the Federal
  Law Enforcement Training Center, shall develop a drug training program
  for law enforcement officers in rural areas.
  (b) TRAINING- Not later than September 30, 1991, the Secretary of the
  Treasury shall double the number of law enforcement officers from rural
  jurisdictions in each of the several States that receive drug enforcement
  training.
  (c) AUTHORIZATION- There is authorized to be appropriated $1,000,000 for
  fiscal year 1990 and such sums as may be necessary for each of the fiscal
  years 1991 and 1992 to carry out the purposes of this section.
Subtitle E--Mandatory Detention
SEC. 1151. SHORT TITLE.
  This subtitle may be cited as the `Mandatory Detention for Offenders
  Convicted of Serious Crimes Act'.
SEC. 1152. MANDATORY DETENTION.
  (a) PENDING SENTENCE- Subsection (a) of section 3143 of title 18, United
  States Code, is amended by--
  (1) striking `The judicial officer' and inserting:
  `(1) Except as provided in paragraph (2), the judicial officer'; and
  (2) inserting at the end thereof the following:
  `(2) The judicial officer shall order that a person who has been found
  guilty of an offense in a case described in subparagraph (A), (B), or
  (C) of subsection (f)(1) of section 3142 and is awaiting imposition or
  execution of sentence be detained unless--
  `(A)(i) the judicial officer finds there is a substantial likelihood that
  a motion for acquittal or new trial will be granted; or
  `(ii) an attorney for the Government has recommended that no sentence of
  imprisonment be imposed on the person; and
  `(B) the judicial officer finds by clear and convincing evidence that
  the person is not likely to flee or pose a danger to any other person or
  the community.'.
  (b) PENDING APPEAL- Subsection (b) of section 3143 of title 18, United
  States Code, is amended by--
  (1) striking `The judicial officer' and inserting:
  `(1) Except as provided in paragraph (2), the judicial officer';
  (2) redesignating subparagraphs (A), (B), (C), and (D) of paragraph (2)
  as clauses (i), (ii), (iii), and (iv), respectively;
  (3) redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); and
  (4) adding at the end thereof the following:
  `(2) The judicial officer shall order that a person who has been found
  guilty of an offense in a case described in subparagraph (A), (B), or
  (C) of subsection (f)(1) of section 3142 and sentenced to a term of
  imprisonment, and who has filed an appeal or a petition for a writ of
  certiorari, be detained.'.
  (c) EXCEPTIONAL CASES- Subsection (c) of section 3145 of title 18, United
  States Code, is amended by adding at the end the following: `Upon an appeal
  of the Government, a person who has been detained by the judicial officer
  pursuant to section 3143 (a)(2) or (b)(2), and who meets the conditions of
  release set forth in section 3143 (a)(1) or (b)(1), may be ordered released,
  under appropriate conditions, by a court of appeals or a judge thereof,
  if it is clearly shown that there are exceptional reasons why such person's
  detention would not be appropriate.'.
SEC. 1153. TECHNICAL AMENDMENTS.
  (a) CORRECTION OF MISSPELLED WORD- Subsection (a)(1) of section 3143 of
  title 18, United States Code, as redesignated by section 1152(b) of this
  subtitle, is amended by striking `waiting' and inserting `awaiting'.
  (b) CORRECTION OF REFERENCE TO REPEALED PROVISION- Subsections (e) and (f)
  of section 3142 of title 18, United States Code, are each amended by striking
  `section 1 of the Act of September 15, 1980 (21 U.S.C. 955a)' and inserting
  `the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)'.
Subtitle F--Forfeiture
SEC. 1201. USES OF JUSTICE FORFEITURE FUND.
  (a) PURCHASE OF FIREARMS- Section 524(c)(1) of title 28, United States Code,
  is amended--
  (1) by striking `and' at the end of subparagraph (G);
  (2) by redesignating subparagraph (H) as subparagraph (I);
  (3) by inserting a new subparagraph (H) as follows:
  `(H) for any fiscal year, not to exceed $10,000,000 for the purchase
  of firearms, ammunition, protective body armor, and other personal
  safety equipment for investigative and enforcement personnel of the Drug
  Enforcement Administration, Federal Bureau of Investigation, United States
  Marshals Service, and the Immigration and Naturalization Service who devote
  a substantial amount of their time to drug law enforcement activities; and';
  (4) in subparagraph (A)(ii) by--
  (A) inserting a comma after `forfeitable assets'; and
  (B) inserting `or listed chemicals (as defined in section 102 of the
  Controlled Substances Act (21 U.S.C. 802))' after `storage, protection,
  and destruction of controlled substances';
  (5) in subparagraph (B) by inserting before the semicolon `, or the money
  laundering offenses set forth in sections 1956 and 1957 of title 18 and
  sections 5313(a) and 5324 of title 31'; and
  (6) in subparagraph (C) by inserting before the semicolon `or the money
  laundering provisions in sections 981 and 982 of title 18'.
  (b) DEFINITIONS AND PROCEDURES- Subsection 524(c) of title 28, United
  States Code, is amended by adding at the end the following new paragraphs:
  `(11) For the purposes of this subsection, the term `firearm' means any
  rifle, hand-held pistol or revolver, or other weapon that is authorized by
  the Attorney General, or his designee, to be carried by personnel of the
  Drug Enforcement Administration, Federal Bureau of Investigation, United
  States Marshals Service, and the Immigration and Naturalization Service.
  `(12) Following the completion of procedures for the forfeiture of
  property pursuant to any law enforced or administered by the Department,
  the Attorney General is authorized, at his or her discretion, to warrant
  clear title to any subsequent purchaser or transferee of such property.'.
  (c) CONFORMING AMENDMENT- Section 524(c)(9) of title 28, United States Code,
  is amended by striking `and (G)' and inserting `(G), and (H)'.
SEC. 1202. INCREASING EFFECTIVENESS OF ADMINISTRATIVE FORFEITURES.
  (a) AMENDMENTS TO THE TARIFF ACT OF 1930- Subsection (a) of section 607
  of the Tariff Act of 1930 (19 U.S.C. 1607(a)) is amended--
  (1) in paragraph (1) by striking `$100,000' and inserting `$500,000';
  (2) by striking `or' at the end of paragraph (2);
  (3) by inserting `or' after the semicolon at the end of paragraph (3); and
  (4) by adding after paragraph (3) the following:
  `(4) such seized merchandise is monetary instruments;'.
  (b) CONFORMING AMENDMENT- The section heading for section 607 of the Tariff
  Act of 1930 (19 U.S.C. 1607) is amended to read as follows:
`SEC. 1607. SEIZURE; VALUE $500,000 OR LESS, PROHIBITED ARTICLES, TRANSPORTING
CONVEYANCES.'.
SEC. 1203. FORFEITURE OF INSTRUMENTALITIES OF A FOREIGN DRUG OFFENSE.
  Section 981(a)(1)(B) of title 18, United States Code, is amended--
  (1) by inserting after `proceeds obtained directly or indirectly from'
  the following: `or which represents the instrumentalities of'; and
  (2) by adding at the end thereof the following: `No conveyance shall be
  forfeited under this paragraph 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. 1204. CLOSING OF LOOPHOLE TO DEFEAT CRIMINAL FORFEITURE THROUGH
BANKRUPTCY.
  (a) TITLE 18- Section 1963(a) of title 18, United States Code, is amended
  by inserting after `shall forfeit to the United States irrespective of any
  provision of State law' the following: `, or of any bankruptcy proceeding
  instituted after or in contemplation of a prosecution under this chapter,'.
  (b) THE CONTROLLED SUBSTANCES ACT- Section 413(a) of the Controlled
  Substances Act (21 U.S.C. 853(a)) is amended by inserting after `shall
  forfeit to the United States, irrespective of any provision of State law'
  the following: `, or of any bankruptcy proceeding instituted after or in
  contemplation of a prosecution of such violation,'.
SEC. 1205. NONABATEMENT OF CRIMINAL FORFEITURE WHEN DEFENDANT DIES PENDING
APPEAL.
  (a) TITLE 18- Section 1963 of title 18, United States Code, is amended by
  adding at the end thereof the following new subsection:
  `(n) An order of forfeiture under this section shall not abate by reason
  of the death thereafter of any or all of the defendants or petitioners or
  potential petitioners.'.
  (b) THE CONTROLLED SUBSTANCES ACT- Section 413 of the Controlled Substances
  Act (21 U.S.C. 853) is amended by adding at the end thereof the following
  new subsection:
`Nonabatement of Forfeiture Order
  `(q) An order of forfeiture under this section shall not abate by reason
  of the death thereafter of any or all of the defendants or petitioners or
  potential petitioners.'.
SEC. 1206. FORFEITURE OF PERSONAL PROPERTY USED TO FACILITATE A DRUG OFFENSE.
  Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)) is
  amended by adding at the end thereof the following new paragraph:
  `(10) Any weapon, computer, or electronic communications device used
  or intended to be used to facilitate the transportation, sale, receipt,
  possession, or concealment of property described in paragraph (1) or (2)
  and any proceeds traceable to such property.'.
SEC. 1207. FORFEITURE OF PROCEEDS TRACEABLE TO CONVEYANCES USED TO FACILITATE
DRUG VIOLATIONS.
  Section 511(a)(4) of the Controlled Substances Act (21 U.S.C. 881(a)(4))
  is amended--
  (1) by inserting `and any proceeds traceable to such conveyances' after
  `property described in paragraph (1) or (2),';
  (2) in subparagraph (A), by inserting `, and no proceeds traceable to such
  conveyance,' before `shall be forfeited'; and
  (3) in subparagraphs (B) and (C), by inserting `and no proceeds traceable
  to such conveyance' before `shall be forfeited'.
SEC. 1208. CLARIFICATION OF ATTORNEY GENERAL'S FORFEITURE SALE AUTHORITY
AND ADMINISTRATIVE USE.
  (a) CLARIFICATION OF AUTHORITY- Section 511(e)(1)(B) of the Controlled
  Substances Act (21 U.S.C. 881(e)(1)(B)) and section 2254(f)(2) of title
  18, United States Code, are each amended by inserting `, by public sale
  or any other commercially feasible means,' after `sell'.
  (b) ADMINISTRATIVE EXPENSES- Section 511(e)(1) of the Controlled Substances
  Act (21 U.S.C. 881(e)(1)) is amended by adding at the end thereof the
  following:
`In determining the equitable share of proceeds for a State or local law
enforcement agency from a drug-related asset seizure under subparagraph
(A), the Attorney General shall not retain more than 10 percent of the total
proceeds to cover the costs of administrative expenses.'.
SEC. 1209. CLARIFICATION OF CIVIL FORFEITURE SEIZURE WARRANT AUTHORITY.
  Section 981(b)(2) of title 18, United States Code, is amended by striking
  `has obtained a warrant for such seizure pursuant to the Federal Rules
  of Criminal Procedure' and inserting `has obtained a warrant for such
  seizure in the same manner as provided for a search warrant under the
  Federal Rules of Criminal Procedure'.
SEC. 1210. FORFEITURE AND DESTRUCTION OF DANGEROUS, TOXIC, AND HAZARDOUS
MATERIALS.
  Section 511(f) (1) and (2) of the Controlled Substances Act (21
  U.S.C. 881(f)) is amended by inserting `, all dangerous, toxic, or hazardous
  raw materials or products subject to forfeiture under subsection (a)(2) of
  this section, and any equipment or container subject to forfeiture under
  subsection (a) (2) or (3) which cannot be separated safely from such raw
  materials or products' after `this title'.
SEC. 1211. ELIMINATION OF RESTRICTION ON DISPOSAL OF JUDICIALLY FORFEITED
PROPERTY BY THE TREASURY DEPARTMENT AND THE POSTAL SERVICE.
  Section 981(e) of title 18, United States Code, is amended by striking
  `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.'.
SEC. 1212. FORFEITABILITY OF REAL PROPERTY UNDER GAMBLING STATUTE.
  (a) IN GENERAL- Section 1955 of title 18, United States Code, is amended--
  (1) in subsection (d), by striking `, including money,' and inserting
  `of any kind, real or personal, tangible or intangible,'; and
  (2) by inserting at the end thereof the following:
  `(f) Any person convicted of a violation of this section shall forfeit to
  the United States, irrespective of any provision of State law, or of any
  bankruptcy proceeding instituted after or in contemplation of a prosecution
  under this section--
  `(1) any property constituting or derived from any proceeds the person
  obtained, directly or indirectly, as a result of such violation; and
  `(2) any of the person's property used or intended to be used, in any
  manner or part, to commit or to facilitate the commission of such violation.
The provisions of 511 of the Controlled Substances Act (21 U.S.C. 853) shall
apply to property subject to forfeiture under this section, to any seizure
or disposition thereof, and to any administrative or judicial proceeding in
relation thereto, if not inconsistent with this section.'.
  (b) TECHNICAL AMENDMENT- Section 1955(a) of title 18, United States Code, is
  amended by striking `shall be fined not more than $20,000 or' and inserting
  `shall be fined under this title,'.
SEC. 1213. CUSTOMS FORFEITURE FUND.
  Section 613A(a)(3)(F) of the Tariff Act of 1930 (19 U.S.C. 1613b(a)(3)(F))
  is amended to read as follows:
  `(F) payment of overtime, salaries, travel, fuel, training, equipment,
  and other similar costs of State and local law enforcement officers
  that are incurred in assisting the United States Customs Service in law
  enforcement activities.'.
Subtitle G--Public Corruption
SEC. 1251. SHORT TITLE.
  This subtitle may be cited as the `Anti-Corruption Act of 1990'.
SEC. 1252. OFFENSE.
  Chapter 11 of title 18, United States Code, is amended by adding at the
  end thereof the following new section:
` 225. Public corruption
  `(a) Whoever, in a circumstance described in subsection (d), deprives or
  defrauds, or endeavors to deprive or to defraud, by any scheme or artifice,
  the inhabitants of a State or political subdivision of a State of the
  honest services of an official or employee of such State, or political
  subdivision of a State, shall be fined under this title, or imprisoned
  for not more than ten years, or both.
  `(b) Whoever, in a circumstance described in subsection (d), deprives or
  defrauds, or endeavors to deprive or to defraud, by any scheme or artifice,
  the inhabitants of a State or political subdivision of a State of a fair
  and impartially conducted election process in any primary, run-off, special,
  or general election--
  `(1) through the procurement, casting, or tabulation of ballots that are
  materially false, fictitious, or fraudulent or that are invalid, under
  the laws of the State in which the election is held;
  `(2) through paying or offering to pay any person for voting;
  `(3) through the procurement or submission of voter registrations that
  contain false material information, or omit material information; or
  `(4) through the filing of any report required to be filed under State law
  regarding an election campaign that contains false material information
  or omits material information,
shall be fined under this title or imprisoned for not more than ten years,
or both.
  `(c) Whoever, being a public official or an official or employee of a
  State, or political subdivision of a State, in a circumstance described
  in subsection (d), deprives or defrauds, or endeavors to deprive or
  to defraud, by any scheme or artifice, the inhabitants of a State or
  political subdivision of a State of the right to have the affairs of the
  State or political subdivision conducted on the basis of complete, true,
  and accurate material information, shall be fined under this title or
  imprisoned for not more than ten years, or both.
  `(d) The circumstances referred to in subsections (a), (b), and (c)
  are that--
  `(1) for the purpose of executing or concealing such scheme or artifice
  or attempting to do so, the person so doing--
  `(A) places in any post office or authorized depository for mail matter,
  any matter or thing whatever to be sent or delivered by the Postal Service,
  or takes or receives therefrom, any such matter or thing, or knowingly
  causes to be delivered by mail according to the direction thereon, or at
  the place at which it is directed to be delivered by the person to whom
  it is addressed, any such matter or thing;
  `(B) transmits or causes to be transmitted by means of wire, radio, or
  television communication in interstate or foreign commerce any writings,
  signs, signals, pictures, or sounds;
  `(C) transports or causes to be transported any person or thing, or induces
  any person to travel in or to be transported in, interstate or foreign
  commerce; or
  `(D) uses or causes to use of any facility of interstate or foreign commerce;
  `(2) the scheme or artifice affects or constitutes an attempt to affect
  in any manner or degree, or would if executed or concealed so affect,
  interstate or foreign commerce; or
  `(3) as applied to an offense under subsection (b), an objective of the
  scheme or artifice is to secure the election of an official who, if elected,
  would have some authority over the administration of funds derived from
  an Act of Congress totaling $10,000 or more during the twelve-month period
  immediately preceding or following the election or date of the offense.
  `(e) Whoever deprives or defrauds, or endeavors to deprive or to defraud,
  by any scheme or artifice, the inhabitants of the United States of the
  honest services of a public official or person who has been selected to
  be a public official shall be fined under this title or imprisoned for
  not more than ten years, or both.
  `(f) Whoever being an official, or public official, or person who has
  been selected to be a public official, directly or indirectly, discharges,
  demotes, suspends, threatens, harasses, or, in any manner, discriminates
  against any employee or official of the United States or any State or
  political subdivision of such State, or endeavors to do so, in order to
  carry out or to conceal any scheme or artifice described in this section,
  shall be fined under this title or subject to imprisonment of up to five
  years or both.
  `(g)(1) Any employee or official of the United States or any State or
  political subdivision of such State who is discharged, demoted, suspended,
  threatened, harassed, or in any other manner discriminated against because
  of lawful acts done by the employee as a result of a violation of subsection
  (e) or because of actions by the employee on behalf of himself or others in
  furtherance of a prosecution under this section (including investigation
  for, initiation of, testimony for, or assistance in such a prosecution)
  may in a civil action, obtain all relief necessary to make such individual
  whole. Such relief shall include reinstatement with the same seniority
  status such individual would have had but for the discrimination, three
  times the amount of back pay, interest on the back pay, and compensation
  for any special damages sustained as a result of the discrimination,
  including reasonable litigation costs and reasonable attorney's fees.
  `(2) An individual is not eligible for such relief if that individual
  participated in the violation of this section with respect to which such
  relief would be awarded.
  `(3) A civil action or proceeding authorized by this subsection shall be
  stayed by a court upon the certification of an attorney for the Government,
  stating that such action or proceeding may adversely affect the interests
  of the Government in an ongoing criminal investigation or proceeding. The
  attorney for the Government shall promptly notify the court when the stay
  may be lifted without such adverse effects.
  `(h) For purposes of this section--
  `(1) the term `State' means a State of the United States, the District of
  Columbia, Puerto Rico, and any other commonwealth, territory, or possession
  of the United States;
  `(2) the terms `public official' and `person who has been selected to be a
  public official' have the meaning set forth in section 201 of this title;
  the terms `public official', and `person who has been selected to be a
  public official' shall also include any person acting or pretending to
  act under color of official authority;
  `(3) the term `official' includes--
  `(A) any person employed by, exercising any authority derived from,
  or holding any position in the government of a State or any subdivision
  of the executive, legislative, judicial, or other branch of government
  thereof, including a department, independent establishment, commission,
  administration, authority, board, and bureau, and a corporation or
  other legal entity established and subject to control by a government or
  governments for the execution of a governmental or intergovernmental program;
  `(B) any person acting or pretending to act under color of official
  authority; and
  `(C) includes any person who has been nominated, appointed or selected to
  be an official or who has been officially informed that he or she will be
  so nominated, appointed or selected;
  `(4) the term `under color of official authority' includes any person who
  represents that he or she controls, is an agent of, or otherwise acts on
  behalf of an official, public official, and person who has been selected
  to be a public official; and
  `(5) the term `uses any facility of interstate or foreign commerce' includes
  the intrastate use of any facility that may also be used in interstate or
  foreign commerce.'.
SEC. 1253. TECHNICAL AND CONFORMING AMENDMENTS.
  (a) TABLE OF SECTIONS- The table of sections for chapter 11 of title 18,
  United States Code, is amended by adding at the end thereof the following
  item:
`225. Public corruption.'.
  (b) RICO- Section 1961(1)(B) of title 18, United States Code, is amended by
  inserting `section 225 (relating to public corruption),' after `section 224
  (relating to sports bribery),'.
  (c) INTERRUPTION OF COMMUNICATIONS- Section 2516(1)(c) of title 18,
  United States Code, is amended by inserting `section 225 (relating to
  public corruption),' after `section 224 (bribery in sporting contests),'.
SEC. 1254. INTERSTATE COMMERCE.
  (a) IN GENERAL- Section 1343 of title 18, United States Code, is amended by--
  (1) striking `transmits or causes to be transmitted by means of wire,
  radio, or television communication in interstate or foreign commerce,
  any writings, signs, signals, pictures, or sounds' and inserting `uses or
  causes to be used any facility of interstate or foreign commerce'; and
  (2) inserting `or attempting to do so,' after `for the purpose of executing
  such scheme or artifice'.
  (b) CONFORMING AMENDMENTS- (1) The heading of section 1343 of title 18,
  United States Code, is amended by striking `Fraud by wire, radio, or
  television' and inserting `Fraud by use of facility of interstate commerce'.
  (2) The chapter analysis for chapter 63 of title 18, United States Code,
  is amended by striking the analysis for section 1343 and inserting the
  following:
`1343. Fraud by use of facility of interstate commerce.'.
SEC. 1255. NARCOTICS-RELATED PUBLIC CORRUPTION.
  (a) IN GENERAL- Chapter 11 of title 18, United States Code, is amended by
  inserting after section 219 the following new section:
` 220. Narcotics and public corruption
  `(a) Any public official who, directly or indirectly, corruptly demands,
  seeks, receives, accepts, or agrees to receive or accept anything of value
  personally or for any other person in return for--
  `(1) being influenced in the performance or nonperformance of any official
  act; or
  `(2) being influenced to commit or to aid in committing, or to collude in,
  or to allow or make opportunity for the commission of any offense against
  the United States or any State,
shall be guilty of a class B felony.
  `(b) Any person who, directly or indirectly, corruptly gives, offers, or
  promises anything of value to any public official, or offers or promises any
  public official to give anything of value to any other person, with intent--
  `(1) to influence any official act;
  `(2) to influence such public official to commit or aid in committing,
  or to collude in, or to allow or make opportunity for the commission of
  any offense against the United States or any State; or
  `(3) to influence such public official to do or to omit to do any act in
  violation of such official's lawful duty;
shall be guilty of a class B felony.
  `(c) There shall be Federal jurisdiction over an offense described in this
  section if such offense involves, is part of, or is intended to further or
  to conceal the illegal possession, importation, manufacture, transportation,
  or distribution of any controlled substance or controlled substance analogue.
  `(d) For the purpose of this section--
  `(1) the term `public official' means--
  `(A) an officer or employee or person acting for or on behalf of the United
  States, or any department, agency, or branch of Government thereof in any
  official function, under or by authority of any such department, agency,
  or branch of Government;
  `(B) a juror;
  `(C) an officer or employee or person acting for or on behalf of the
  government of any State, territory, or possession of the United States
  (including the District of Columbia), or any political subdivision thereof,
  in any official function, under or by the authority of any such State,
  territory, possession, or political subdivision; or
  `(D) any person who has been nominated or appointed to be a public official
  as defined in subparagraph (A), (B), or (C), or has been officially informed
  that he or she will be so nominated or appointed;
  `(2) the term `official act' means any decision, action, or conduct
  regarding any question, matter, proceeding, cause, suit, investigation,
  or prosecution which may at any time be pending, or which may be brought
  before any public official, in such official's official capacity, or in
  such official's place of trust or profit; and
  `(3) the terms `controlled substance' and `controlled substance analogue'
  have the meaning set forth in section 102 of the Controlled Substances Act.'.
  (b) CONFORMING AMENDMENTS- (1) Section 1961(1)(B) of title 18, United
  States Code, is amended by inserting `section 220 (relating to narcotics
  and public corruption),' after `Section 201 (relating to bribery),'; and
  (2) Section 2516(1)(c) of title 18, United States Code, is amended by
  inserting `section 220 (relating to narcotics and public corruption),'
  after `section 201 (bribery of public officials and witnesses),'.
  (c) SECTION ANALYSIS- The section analysis at the beginning of chapter 11,
  title 18, United States Code, is amended by inserting the following:
`220. Narcotics and public corruption.'.
Subtitle H--Juvenile Justice Anti-Gang Program
SEC. 1301. GRANT PROGRAM.
  The Juvenile Justice and Delinquency Prevention Act of 1974 is amended in
  part B by--
  (1) inserting after the heading for such part the following:
`Subpart I--General Grant Programs';
and
  (2) adding at the end thereof a new subpart II, as follows:
`Subpart II--Juvenile Drug Trafficking and Gang Prevention Grants
`FORMULA GRANTS
  `SEC. 231. (a) The Administrator is authorized to make grants to States
  and units of general local government or combinations thereof to assist
  them in planning, establishing, operating, coordinating, and evaluating
  projects directly or through grants and contracts with public and private
  agencies for the development of more effective programs to reduce the use
  and sale of illegal drugs by juveniles, including education, prevention,
  treatment and enforcement programs.
  `(b) The grants made under this section can be used for any of the following
  specific purposes:
  `(1) To reduce the participation of juveniles in drug related crimes
  (including drug trafficking and drug use), particularly in and around
  elementary and secondary schools;
  `(2) To develop within the juvenile justice system, including the juvenile
  corrections system, new and innovative means to address the problems of
  juveniles convicted of serious criminal, drug-related and gang-related
  offenses;
  `(3) To reduce juvenile involvement in organized crime, drug and gang-related
  activity, particularly activities that involve the distribution of drugs
  by or to juveniles;
  `(4) To reduce juvenile drug and gang-related activity in public housing
  projects;
  `(5) To provide technical assistance and training to personnel and agencies
  responsible for the adjudicatory and corrections components of the juvenile
  justice system to identify drug-dependent juvenile offenders and to provide
  appropriate counseling and treatment to such offenders;
  `(6) To promote the involvement of juveniles in lawful activities, including
  in-school education and prevention programs and after-school programs;
  `(7) To facilitate Federal and State cooperation with local school officials
  to develop education, prevention and treatment programs for juveniles who
  are likely to participate in the drug trafficking, drug use or gang-related
  activities;
  `(8) To prevent juvenile drug and gang involvement in public housing
  projects through programs establishing youth sports and other activities,
  including girls club, boys club, scout troops, and little league;
  `(9) To provide pre- and post-trial drug abuse treatment to juveniles
  in the juvenile justice system; with the highest possible priority to
  providing drug abuse treatment to drug-dependent pregnant juveniles and
  drug-dependent juvenile mothers; and
  `(10) To provide drug abuse education and prevention involving police and
  juvenile justice personnel in demand reduction programs.
  `(c) Of the funds made available to each State under this section (Formula
  Grants) 50 per centum of the funds made available to each State in any
  fiscal year shall be used for juvenile drug supply reduction programs and
  50 per centum shall be used for juvenile drug demand reduction programs.
`SPECIAL EMPHASIS DRUG DEMAND REDUCTION AND ENFORCEMENT GRANTS
  `SEC. 232. (a) The purpose of this section is to provide additional Federal
  assistance and support to identify promising new juvenile drug demand
  reduction and enforcement programs, to replicate and demonstrate these
  programs to serve as national, regional or local models that could be used,
  in whole or in part, by other public and private juvenile justice programs,
  and to provide technical assistance and training to public or private
  organizations to implement similar programs. In making grants under
  this section, the Administrator shall give priority to programs aimed
  at juvenile involvement in organized gang- and drug-related activities,
  including supply and demand reduction programs.
  `(b) The Administrator 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 authorized in section 231. The
  Administrator shall have final authority over all funds awarded under
  this subchapter.
  `(c) Of the total amount appropriated for this subchapter, 20 per centum
  shall be reserved and set aside for this section in a special discretionary
  fund for use by the Administrator to carry out the purposes specified in
  section 231. Grants made under this section may be made for amounts up to
  100 per centum of the costs of the programs or projects.
`AUTHORIZATION
  `SEC. 233. There is authorized to be appropriated $100,000,000 in fiscal
  year 1991 and such sums as may be necessary in fiscal year 1992 to carry
  out the purposes of this subpart.
`ALLOCATION OF FUND
  `SEC. 234. Of the total amounts appropriated under this subpart in any
  fiscal year to carry out the purposes of section 231 (Formula Grants) the
  amount remaining after setting aside the amounts required to be reserved to
  carry out section 232 (Discretionary Grants) shall be allocated as follows:
  `(1) $400,000 shall be allocated to each of the participating States; and
  `(2) of the total funds remaining after the allocation under paragraph
  (a), 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.
`APPLICATION
  `SEC. 235. (a) Each State applying for grants under section 231 (Formula
  Grants) and each public or private entity applying for grants under section
  232 (Discretionary Grants) shall submit an application to the Administrator
  in such form and containing such information as the Administrator shall
  prescribe.
  `(b) To the extent practical, the Administrator shall prescribe regulations
  governing applications for this subpart that are substantially similar to
  the applications required under part I (general juvenile justice formula
  grant) and part C (special emphasis prevention and treatment grants),
  including the procedures relating to competition.
  `(c) In addition to the requirements prescribed in subsection (b), each
  State application submitted under section 231 shall include a detailed
  description of how the funds made available shall be coordinated with
  Federal assistance provided in parts B and C of title II of the Juvenile
  Justice and Delinquency Prevention Act of 1974 and by the Bureau of Justice
  Assistance under the Drug Control and System Improvement Grant program.
`REVIEW AND APPROVAL OF APPLICATIONS
  `SEC. 236. The procedures and time limits imposed on the Federal and
  State Governments under sections 505 and 508 respectively, of title I of
  the Omnibus Crime Control and Safe Streets Act of 1968 relating to the
  review of applications and distribution of Federal funds shall apply to
  the review of applications and distribution of funds under this subpart.'.
SEC. 1302. CONFORMING AMENDMENTS.
  (a) TITLE II- Section 291 of title II of the Juvenile Justice Delinquency
  Prevention Act of 1974 (42 U.S.C. 5671) is amended--
  (1) in subsection (a)--
  (A) in paragraph (1) by striking `(other than part D)'; and
  (B) and by striking paragraph (2) in its entirety; and
  (2) in subsection (b) by striking `(other than part D)'.
  (b) PART D- Part D of title II of the Juvenile Justice and Delinquency
  Prevention Act of 1974 is repealed.
  (c) PART E- Part E of title II of such Act is redesignated as part D.
SEC. 1303. TREATMENT OF VIOLENT JUVENILES AS ADULTS.
  (a) DESIGNATION OF UNNUMBERED PARAGRAPHS- Section 5032 of title 18, United
  States Code, is amended by designating unnumbered paragraphs (1) through
  (11) as subsections (a) through (k), respectively.
  (b) JURISDICTION OVER CERTAIN FIREARMS OFFENSES- Section 5032(a)(3) of
  title 18, United States Code, as so designated by this section, is amended
  by striking `922(p)' and inserting `924 (b), (g), or (h)'.
  (c) ADULT STATUS OF JUVENILES WHO COMMIT FIREARMS OFFENSES- Section
  5032(d) of title 18, United States Code, as so designated by this section
  is amended--
  (1) by striking `A juvenile' and inserting `(1) Except as provided in
  paragraphs (2) and (3), a juvenile';
  (2) by striking `, except that,' and inserting a period;
  (3) by striking `with respect to' and inserting:
  `(2) With respect to';
  (4) by striking `; however, a juvenile' and inserting: `(3) A juvenile'; and
  (5) by inserting in paragraph (2) `or section 924 (b), (g), or (h) of this
  title,' after `959),'.
  (d) FACTORS FOR TRANSFERRING A JUVENILE TO ADULT STATUS- Section 5032(e) of
  title 18, United States Code, as so designated by this section, is amended--
  (1) by inserting `(1)' before `Evidence';
  (2) by striking `intellectual development and psychological maturity;'
  and inserting `level of intellectual development and maturity; and';
  (3) by inserting `, such as rehabilitation and substance abuse treatment,'
  after `past treatment efforts';
  (4) by striking `; the availability of programs designed to treat the
  juvenile's behavioral problems'; and
  (5) by adding at the end the following:
  `(2) In considering the nature of the offense, as required by this
  subsection, the court shall consider the extent to which the juvenile played
  a leadership role in an organization, or otherwise influenced other persons
  to take part in criminal activities, involving the use and distribution of
  controlled substances or firearms. Such factors, if found to exist, shall
  weigh heavily in favor of a transfer to adult status, but the absence of
  such factors shall not preclude a transfer to adult status.'.
  (e) WAIVING CONFIDENTIALITY IN CERTAIN JUVENILE PROCEEDINGS- Section 5038 of
  title 18, United States Code, is amended by adding at the end the following:
  `(g) In addition to any other provision of this section regarding disclosure
  of records if the law of the State in which a Federal juvenile delinquency
  proceeding takes place would permit or require the disclosure of records
  and information relating to a juvenile delinquency proceeding in certain
  circumstances, such disclosure shall be permitted under this section
  whenever the same circumstances exist.'.
  (f) CONFORMING AMENDMENT ADDING CERTAIN CONTROLLED SUBSTANCES OFFENSES AS
  REQUIRING FINGERPRINTING AND RECORDS FOR RECIDIVIST JUVENILES- Sections
  5038 (d) and (f) of title 18, United States Code, are amended by striking
  `or an offense described in section 841, 952(a), 955, or 959, of title 21,'
  and inserting `or an offense described in section 401 of the Controlled
  Substances Act (21 U.S.C. 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, or 960(b) (1), (2), or (3)), or section
  924 (b), (g), or (h) of this title,'.
SEC. 1304. SERIOUS DRUG OFFENSES BY JUVENILES AS ARMED CAREER CRIMINAL
ACT PREDICATES.
  (a) ACT OF JUVENILE DELINQUENCY- Section 924(e)(2)(A) of title 18, United
  States Code, is amended--
  (1) by striking `or' at the end of clause (i);
  (2) by striking `and' at the end of clause (ii) and inserting `or'; and
  (3) by adding at the end thereof the following:
  `(iii) any act of juvenile delinquency that if committed by an adult would
  be punishable under section 401(b)(1)(A) of the Controlled Substances Act
  (21 U.S.C. 841(b)(1)(A)); and'.
  (b) SERIOUS DRUG OFFENSE- Section 924(e)(2)(C) of title 18, United States
  Code, is amended by adding `or serious drug offense' after `violent felony'.
SEC. 1305. REDESIGNATION OF CONFUSING SECTIONS IN THE CONTROLLED SUBSTANCES
ACT PERTAINING TO CHILDREN.
  (a) SECTION 405--NEW SECTION 418- (1) Section 405 of the Controlled
  Substances Act is redesignated as section 418.
  (2) Section 418 of such Act (as redesignated by paragraph (1)) is amended--
  (A) in subsection (a), by striking `section 405A' and inserting `section
  419'; and
  (B) in subsection (b) by striking `section 405A' and inserting `section 419'.
  (b) SECTION 405A--NEW SECTION 419- Section 405A of the Controlled Substances
  Act is redesignated as section 419.
  (c) SECTION 405B--NEW SECTION 420- Section 405B of the Controlled Substances
  Act is redesignated as section 420.
  (d) TRANSFER OF SECTION 5301 OF THE ANTI-DRUG ABUSE ACT OF 1988--NEW
  SECTION 421- (1) Section 5301 of the Anti-Drug Abuse Act of 1988 is--
  (A) transferred to the Controlled Substances Act; and
  (B) redesignated as section 421 of the Controlled Substances Act.
  (2) Section 421(a)(1) of the Controlled Substances Act, as amended by
  paragraph (1) of this subsection, is amended by striking `(as such terms
  are defined for purposes of the Controlled Substances Act)'.
  (e) CONFORMING AMENDMENTS TO OTHER SECTIONS- (1) Section 401(b) of the
  Controlled Substances Act is amended by striking `section 405, 405A,
  or 405B' and inserting `section 418, 419, or 420'.
  (2) Section 401(c) of the Controlled Substances Act is amended by striking
  `section 405, 405A, or 405B' and inserting `section 418, 419, or 420'.
  (f) AMENDMENT TO TABLE OF CONTENTS- The table of contents of the
  Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended in
  part D of title II by striking the items for sections 405, 405A, and 405B
  and inserting at the end thereof the following:
`418. Distribution to persons under age twenty-one.
`419. Distribution or manufacturing in or near schools and colleges.
`420. Employment of persons under 18 years of age.
`421. Denial of Federal benefits to drug traffickers and possessors.'.
  (g) TRANSFER OF SECTION 6486 OF THE ANTI-DRUG ABUSE ACT OF 1988--NEW
  SECTION 405- (1) Section 6486 of the Anti-Drug Abuse Act of 1988 is--
  (A) transferred to the Controlled Substances Act; and
  (B) redesignated as section 405 of the Controlled Substances Act.
  (2) Section 405 of the Controlled Substances Act, as amended by paragraph
  (1) of this subsection, is amended--
  (A) in subsection (a), by--
  (i) striking `of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A))'; and
  (ii) striking `of that Act (21 U.S.C. 841(b)(1)(A))';
  (B) in subsection (c), by striking `as defined in section 102 of the
  Controlled Substances Act (21 U.S.C. 802)'; and
  (C) in subsection (j)(4), by striking `as defined in section 102 of the
  Controlled Substances Act (21 U.S.C. 802)'.
  (3) The table of contents of the Comprehensive Drug Abuse Prevention
  and Control Act of 1970 (as amended by subsection (c) of this section)
  is amended in part D of title II by inserting after the item for section
  404 the following:
`405. Civil penalty for possession of small amounts of certain controlled
substances.'.
  (h) PART E OF THE CONTROLLED SUBSTANCES ACT-
  (1) SECTION 511A--NEW SECTION 518- Section 511A of the Controlled Substances
  Act is redesignated as section 518.
  (2) TRANSFER OF SECTION 1764 OF THE FOOD SECURITY ACT OF 1985- Section
  1764 of the Food Security Act of 1985 is--
  (A) transferred to the Controlled Substances Act; and
  (B) redesignated as section 519 of the Controlled Substances Act.
  (3) AMENDMENT TO TABLE OF CONTENTS- The table of contents of the
  Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended in
  part E of title II by striking the items for section 511A and inserting
  at the end thereof the following:
`518. Expedited procedures for seized conveyances.
`519. Production control of controlled substances.'.
SEC. 1306. CLARIFICATION OF ENHANCED PENALTIES UNDER CONTROLLED SUBSTANCES ACT.
  (a) SECTION 418 (OLD SECTION 405)- Section 418 of the Controlled Substances
  Act (as redesignated by section 1507 of this Act) is amended--
  (1) in subsection (a), by striking `punishable by (1) a term of imprisonment,
  or a fine, or both, up to twice that authorized by section 401(b)' and
  inserting `subject to (1) twice the maximum punishment authorized by
  section 401(b)'; and
  (2) in subsection (b), by striking `punishable by (1) a term of imprisonment,
  or a fine, or both, up to three times that authorized by section 401(b)'
  and inserting `subject to (1) three times the maximum punishment authorized
  by section 401(b)'.
  (b) SECTION 419 (OLD SECTION 405A)- Section 419 of the Controlled Substances
  Act (as redesignated by section 1507 of this Act) is amended--
  (1) in subsection (a), by striking `punishable (1) by a term of imprisonment,
  or a fine, or both, up to twice that authorized by section 401(b)' and
  inserting `subject to (1) twice the maximum punishment authorized by
  section 401(b)'; and
  (2) in subsection (b)(1), by striking subparagraph (B) and inserting
  `(B) three times the maximum punishment authorized by section 401(b)
  for a first offense'.
  (c) SECTION 420 (OLD SECTION 405B)- Section 420 of the Controlled Substances
  Act (as redesignated by section 1507 of this Act) is amended--
  (1) in subsection (b), by striking `is punishable by a term of imprisonment
  up to twice that authorized, or up to twice the fine authorized, or both,'
  and inserting `is subject to twice the maximum punishment otherwise
  authorized'; and
  (2) in subsection (c), by striking `is punishable by a term of imprisonment
  up to three times that authorized, or up to three times the fine authorized,
  or both,' and inserting `is subject to three times the maximum punishment
  otherwise authorized'.
Subtitle I--Federal Prisoner Drug Testing
SEC. 1401. SHORT TITLE.
  This subtitle may be cited as the `Federal Prisoner Drug Testing Act
  of 1990'.
SEC. 1402. CONDITIONS ON PROBATION.
  Section 3563(a) of title 18, United States Code, is amended--
  (1) in paragraph (2), by striking out `and';
  (2) in paragraph (3), by striking out the period and inserting in lieu
  thereof `; and';
  (3) by adding a new paragraph (4), as follows:
  `(4) for a felony, a misdemeanor, or an infraction, that the defendant--
  `(A) pass a drug test prior to the imposition of such sentence;
  `(B) refrain from any unlawful use of a controlled substance and submit
  to at least 2 periodic drug tests (as determined by the court) for use of
  a controlled substance.'; and
  (4) by adding at the end thereof and the following: `No action may be taken
  against a defendant pursuant to a drug test administered in accordance
  with paragraph (4) unless the drug test confirmation is a urine drug test
  confirmed using gas chromatography/mass spectometry techniques or such
  test as the Director of the Administrative Office of the United States
  Court after consultation with the Secretary of Health and Human Services
  may determine to be of equivalent accuracy.'.
SEC. 1403. CONDITIONS ON SUPERVISED RELEASE.
  Section 3583(d) of title 18, United States Code, is amended by inserting
  after the first sentence the following: `The court shall also order, as an
  explicit condition of supervised release, that the defendant pass a drug
  test prior to the imposition of such sentence and refrain from any unlawful
  use of a controlled substance and submit to at least 2 periodic drug tests
  (as determined by the court) for use of a controlled substance. No action
  may be taken against a defendant pursuant to a drug test administered in
  accordance the provisions of the preceding sentence unless the drug test
  confirmation is a urine drug test confirmed using gas chromatography/mass
  spectometry techniques or such test as the Director of the Administrative
  Office of the United States Court after consultation with the Secretary
  of Health and Human Services may determine to be of equivalent accuracy.'.
SEC. 1404. CONDITIONS ON PAROLE.
  Section 4209(a) of title 18, United States Code, is amended by inserting
  after the first sentence the following: `In every case, the Commission
  shall also impose as a condition of parole that the parolee pass a drug test
  prior to the imposition of such sentence and refrain from any unlawful use
  of a controlled substance and submit to at least 2 periodic drug tests (as
  determined by the Commission) for use of a controlled substance. No action
  may be taken against a defendant pursuant to a drug test administered in
  accordance the provision of the preceding sentence unless the drug test
  confirmation is a urine drug test confirmed using gas chromatography/mass
  spectometry techniques or such test as the Director of the Administrative
  Office of the United States Court after consultation with the Secretary
  of Health and Human Services may determine to be of equivalent accuracy.'.
Subtitle J--Boot Camps
SEC. 1451. BOOT CAMPS.
  (a) IN GENERAL- Not later than 1 year after the effective date of this
  section, the Attorney General shall establish within the Bureau of Prisons
  10 military-style boot camp prisons (referred to in this subtitle as `boot
  camps'). The boot camps will be located on closed military installations on
  sites to be chosen by the Director of National Drug Control Policy, after
  consultation with the Director of the Bureau of Prisons, and will provide a
  highly regimented schedule of strict discipline, physical training, work,
  drill, and ceremony characteristic of military basic training as well as
  remedial education and treatment for substance abuse.
  (b) CAPACITY- Each boot camp shall be designed to accommodate between
  200 and 300 inmates for periods of not less than 90 days and not greater
  than 120 days. Not more than 20 percent of the inmates shall be Federal
  prisoners. The remaining inmates shall be State prisoners who are accepted
  for participation in the boot camp program pursuant to subsection (d).
  (c) FEDERAL PRISONERS- Section 3582 of title 18, United States Code,
  is amended by adding at the end the following new subsection:
  `(e) BOOT CAMP PRISON AS A SENTENCING ALTERNATIVE- (1) The court, in imposing
  sentence in the circumstances described in paragraph (2), may designate the
  defendant as eligible for placement in a boot camp prison. The Bureau of
  Prisons shall determine whether a defendant so designated will be assigned
  to a boot camp prison.
  `(2) A defendant may be designated as eligible for placement in boot camp
  prison if he or she--
  `(A) is under 25 years of age;
  `(B) has no prior conviction for which he or she has served more than 10
  days incarceration; and
  `(C) has been convicted of an offense involving a controlled substance
  punishable under the Controlled Substances Act or the Controlled Substances
  Export and Import Act, or any other offense if the defendant, at the time
  of arrest or at any time thereafter, tested positive for the presence of
  a controlled substance in his or her blood or urine,
and the sentencing court finds that the defendant's total offense level
under the Federal sentencing guidelines is level 9 or less.
  `(3) If the Director of the Bureau of Prisons finds that an inmate placed
  in a boot camp prison pursuant to this subsection has willfully refused to
  comply with the conditions of confinement in the boot camp, the Director
  may transfer the inmate to any other correctional facility in the Federal
  prison system.
  `(4) Successful completion of assignment to a boot camp shall constitute
  satisfaction of any period of active incarceration, but shall not affect
  any aspect of a sentence relating to a fine, restitution, or supervised
  release.'.
  (d) STATE PRISONERS- (1) Any person who has been convicted of a criminal
  offense in any State, or who anticipates entering a plea of guilty of such
  offense, but who has not yet been sentenced, may apply to be assigned to
  a boot camp. Such application shall be made to the Bureau of Prisons and
  shall be in the form designated by the Director of the Bureau of Prisons and
  shall contain a statement certified by counsel for the applicant that at the
  time of sentencing the applicant is likely to be eligible for assignment
  to a boot camp pursuant to paragraph (2). The Bureau of Prisons shall
  respond to such applications within 14 days so that the sentencing court
  is aware of the result of the application at the time of sentencing. In
  responding to such applications, the Bureau of Prisons shall determine,
  on the basis of the availability of space, whether a defendant who becomes
  eligible for assignment to a boot camp prison at the time of sentencing
  will be so assigned.
  (2) A person convicted of a State criminal offense shall be eligible for
  assignment to a boot camp if he or she is--
  (A) under 25 years of age;
  (B) has no prior conviction for which he or she has served more than 10
  days incarceration;
  (C) has been sentenced to a term of imprisonment that will be satisfied
  under the law of the sentencing State if the defendant successfully completes
  a term of not less than 90 days nor more than 120 days in a boot camp;
  (D) has been designated by the sentencing court as eligible for assignment
  to a boot camp; and
  (E) has been convicted of an offense involving a controlled substance (as
  defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)),
  or any other offense if the defendant, at the time of arrest or at any time
  thereafter, tested positive for the presence of a controlled substance in
  his or her blood or urine.
  (3) If the Director of the Bureau of Prisons finds that an inmate placed
  in a boot camp prison pursuant to this subsection has willfully refused to
  comply with the conditions of confinement in the boot camp, the Director may
  transfer the inmate back to the jurisdiction of the State sentencing court.
  (4) Each State that refers a prisoner to a boot camp shall reimburse the
  Bureau of Prisons for--
  (A) 80 percent of the cost incurred by the Bureau of Prisons for
  incarceration and treatment and other services to such prisoner that
  successfully completes the program; and
  (B) 100 percent of such costs for each prisoner that enters a boot camp
  but does not successfully complete the program.
  (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  $150,000,000 for fiscal year 1991 of which not more than $12,500,000
  shall be used to convert each closed military base to a boot camp prison
  and not more than $2,500,000 shall be used to operate each boot camp for
  one fiscal year. Such amounts shall be in addition to any other amounts
  authorized to be appropriated to the Bureau of Prisons.
Subtitle K--Regional Prisons
SEC. 1501. REGIONAL PRISONS.
  (a) FINDINGS- The Congress makes the following findings:
  (1) The total population of Federal, State, and local prisons and jails
  increased by 84 percent between 1980 and 1988 and currently numbers more
  than 900,000 people.
  (2) More than 60 percent of all prisoners have a history of drug abuse or
  are regularly using drugs while in prison, but only 11 percent of State
  prison inmates and 7 percent of Federal prisoners are enrolled in drug
  treatment programs. Hundreds of thousands of prisoners are not receiving
  needed drug treatment while incarcerated, and the number of such persons
  is increasing rapidly.
  (3) Drug-abusing prisoners are highly likely to return to crime upon
  release, but the recidivism rate is much lower for those who successfully
  complete treatment programs. Providing drug treatment to prisoners during
  incarceration therefore provides an opportunity to break the cycle of
  recidivism, reducing the crime rate and future prison overcrowding.
  (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  for the fiscal year ending September 30, 1991, the following amounts:
  (1) $600,000,000 for the construction of 10 regional prisons; and
  (2) $100,000,000 for the operation of such regional prisons for one
  year. Such amounts shall be in addition to any other amounts authorized
  to be appropriated to the Bureau of Prisons.
  (c) LOCATION AND POPULATION- The regional prisons authorized by this section
  shall be located in places chosen by the Director of National Drug Control
  Policy, after consulting with the Director of the Bureau of Prisons, not less
  than 6 months after the effective date of this section. Each such facility
  shall be used to accommodate a population consisting of State and Federal
  prisoners in the following proportions: 20 percent Federal; 80 percent State.
  (d) ELIGIBILITY OF PRISONERS- The regional prisons authorized by this
  section shall be used to incarcerate State and Federal prisoners who have
  release dates of not more than 2 years from the date of assignment to the
  prison and who have been found to have substance abuse problems requiring
  long-term treatment.
  (e) STATE RESPONSIBILITIES- (1) The States shall select prisoners
  for assignment to the regional prisons who, in addition to satisfying
  eligibility criteria otherwise specified in this section, have long-term
  drug abuse problems and serious criminal histories. Selection of such
  persons is necessary for the regional prison program to have the maximum
  impact on the crime rate and future prison overcrowding, since such persons
  are the ones most likely to commit new crimes following release. Prisoners
  selected for assignment to a regional prison must agree to the assignment.
  (2) Any State seeking to refer a State prisoner to a regional prison
  shall submit to the Director of the Bureau of Prisons (referred to as the
  `Director') an aftercare plan setting forth the provisions that the State
  will make for the continued treatment of the prisoner in a therapeutic
  community following release. The aftercare plan shall also contain provisions
  for vocational job training where appropriate.
  (3) The State referring the prisoner to the regional prison (referred to
  as the `sending State') shall reimburse the Bureau of Prisons for the full
  cost of the incarceration and treatment of the prisoner, except that if
  the prisoner successfully completes the treatment program, the Director
  shall return to the sending State 25 percent of the amount paid for that
  prisoner. The total amount returned to each State under this paragraph
  in each fiscal year shall be used by that State to provide the aftercare
  treatment required by paragraph (2).
  (f) POWERS OF THE DIRECTOR- (1) The Director shall have the exclusive
  right to determine whether or not a State or Federal prisoner satisfies
  the eligibility requirements of this section, and whether the prisoner
  is to be accepted into the regional prison program. The Director shall
  have the right to make this determination after the staff of the regional
  prison has had an opportunity to interview the prisoner in person.
  (2) The Director shall have the exclusive right to determine if a prisoner
  in the regional treatment program is complying with all of the conditions
  and requirements of the program. The Director shall have the authority to
  return any prisoner not complying with the conditions and requirements of
  the program to the sending State at anytime. The Director shall notify
  the sending State whenever such prisoner is returned that the prisoner
  has not successfully completed the treatment program.
Subtitle L--Victims of Child Abuse Act of 1990
SEC. 1551. SHORT TITLE.
  This subtitle may be cited as the `Victims of Child Abuse Act of 1990'.
CHAPTER 1--DRUG-RELATED CHILD ABUSE; HABITUAL CHILD ABUSE OFFENSE
SEC. 1555. ABUSE OF CHILDREN IN CONNECTION WITH VIOLATIONS OF THE DRUG LAWS.
  (a) IN GENERAL- Chapter 7 of title 18, United States Code, is amended by
  adding at the end thereof the following new section:
` 116. Abuse of children in connection with drug offenses
  `(a) Whoever, in a circumstance described in subsection (b), commits a crime
  of violence (as defined in section 16 of this title) in violation of the
  laws of the State in which the act takes place, or of the United States,
  in which the victim is a person under the age of 18, shall be guilty of
  a class B felony.
  `(b) There is Federal jurisdiction for an offense described in subsection (a)
  if the offense was committed in furtherance of, during and in relation to,
  or as part of an attempt to conceal or avoid apprehension for, a violation
  of 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) CHAPTER ANALYSIS- The chapter analysis for chapter 7 of title 18, United
  States Code, is amended by adding at the end thereof the following new item:
`116. Abuse of children in connection with drug offenses.'.
  (c) DIRECTION TO THE ATTORNEY GENERAL- Not later than 90 days after the date
  of enactment of this chapter, the Attorney General shall amend the United
  States Attorneys' Manual to reflect the intent of Congress that Federal
  prosecution occur only in egregious cases of drug-related abuse and neglect.
  (d) DIRECTION TO SENTENCING COMMISSION- Pursuant to its authority under
  section 994(p) of title 28, United States Code, the United States Sentencing
  Commission shall promulgate guidelines or amend existing guidelines
  to provide that a defendant convicted of an offense under section 116
  of title 18, United States Code, who has previously been convicted on 2
  separate occasions in the court of any State or the District of Columbia,
  or of the United States, of any sexual offense, or any crime of violence,
  in which the victim was a person under the age of 18, shall receive the
  maximum punishment authorized by law.
CHAPTER 2--IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES
SEC. 1561. FINDINGS.
  The Congress finds that--
  (1) over 2,000,000 children are abused or neglected each year, drug abuse
  accounting for one-third of the cases;
  (2) the investigation and prosecution of child abuse cases is extremely
  complex, involving numerous agencies and dozens of personnel;
  (3) in such cases, too often the system does not pay sufficient attention
  to the needs and welfare of the child victim, aggravating the trauma that
  the child victim has already experienced;
  (4) multidisciplinary child abuse investigation and prosecution programs
  have been developed that increase the reporting of child abuse cases, reduce
  the trauma to the child victim, and increase the successful prosecution
  of child abuse offenders; and
  (5) such programs have proven effective, and with targeted Federal
  assistance, could be duplicated in many jurisdictions throughout the country.
SEC. 1562. AUTHORITY OF THE ADMINISTRATOR TO MAKE GRANTS.
  (a) IN GENERAL- The Administrator of the Office of Juvenile Justice and
  Delinquency Prevention (referred to as the `Administrator'), in consultation
  with officials of the Department of Health and Human Services, shall make
  grants under subpart II of part C of title II of the Juvenile Justice and
  Delinquency Prevention Act of 1974 (42 U.S.C. 5665 et seq.) to develop
  and implement multidisciplinary child abuse investigation and prosecution
  programs.
  (b) GRANT CRITERIA- (1) The Administrator shall establish the criteria to
  be used in evaluating applications for grants under this section.
  (2) In general, the grant criteria established pursuant to paragraph (1)
  shall require that a program--
  (A) include a written agreement between local law enforcement, social
  service, health, and other related agencies to coordinate child abuse
  investigation, prosecution, treatment, and counseling services;
  (B) identify an appropriate site for referring, interviewing, treating,
  and counseling child victims of sexual and serious physical abuse and
  neglect (referred to as the `counseling center');
  (C) refer all sexual and serious physical abuse and neglect cases to the
  counseling center not later than 24 hours after notification of an incident
  of abuse;
  (D) conduct all initial interviews jointly by personnel from law enforcement,
  health, and social service agencies;
  (E) require, to the extent practicable, the same agency representative
  who conducts an initial interview to conduct all subsequent interviews;
  (F) require, to the extent practicable, that all interviews and meetings
  with a child victim occur at the counseling center;
  (G) coordinate each step of the investigation process to minimize the
  number of interviews that a child victim must attend;
  (H) designate a director for the multidisciplinary program;
  (I) assign a volunteer or staff advocate to each child in order to assist
  the child and, when appropriate, the child's family, throughout each step
  of judicial proceedings; and
  (J) meet such other criteria as the Administrator shall establish by
  regulation.
  (c) DISTRIBUTION OF GRANTS- In awarding grants under this section, the
  Administrator shall ensure that grants are distributed to both large and
  small States and to rural, suburban, and urban jurisdictions.
SEC. 1563. GRANTS FOR SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING PROGRAMS.
  (a) IN GENERAL- The Administrator shall make grants under subpart II of
  part C of title II of the Juvenile Justice and Delinquency Prevention Act
  of 1974 (42 U.S.C. 5665 et. seq.) to national organizations to provide
  technical assistance and training to attorneys and others instrumental to
  the criminal prosecution of child abuse cases in State or Federal courts, for
  the purpose of improving the quality of criminal prosecution of such cases.
  (b) GRANTEE ORGANIZATIONS- An organization to which a grant is made pursuant
  to subsection (a) shall be one that has, or is affiliated with one that
  has, broad membership among attorneys who prosecute criminal cases in
  State courts and has demonstrated experience in providing training and
  technical assistance for prosecutors.
SEC. 1564. AUTHORIZATIONS OF APPROPRIATIONS.
  (a) IN GENERAL- There are authorized to be appropriated to carry out
  this chapter--
  (1) $20,000,000 in fiscal year 1991; and
  (2) such sums as may be necessary to carry out this chapter in each of
  fiscal years 1992 and 1993.
  (b) USE OF FUNDS- Of the amounts appropriated under subsection (a), not
  less than 90 percent shall be used for grants under section 1562.
CHAPTER 3--COURT-APPOINTED SPECIAL ADVOCATE PROGRAM
SEC. 1565. FINDINGS.
  The Congress finds that--
  (1) the National Court-Appointed Special Advocate provides training and
  technical assistance to a network of 13,000 volunteers in 377 programs
  operating in 47 States; and
  (2) in 1988, these volunteers represented 40,000 children, representing
  approximately 15 percent of the estimated 270,000 cases of child abuse
  and neglect in juvenile and family courts.
SEC. 1566. PURPOSE.
  The purpose of this chapter is to ensure that by January 1, 1995, a
  court-appointed special advocate shall be available to every victim of
  child abuse or neglect in the United States that needs such an advocate.
SEC. 1567. STRENGTHENING OF THE COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
  (a) IN GENERAL- The Administrator shall make grants under subpart II of
  part C of title II of the Juvenile Justice and Delinquency Prevention Act
  of 1974 (42 U.S.C. 5665 et seq.) to expand the court-appointed special
  advocate program.
  (b) GRANT CRITERIA- (1) The Administrator shall establish criteria to be
  used in evaluating applications for grants under this section.
  (2) In general, the grant criteria established pursuant to paragraph (1)
  shall require that a court-appointed special advocate program provide
  screening, training, and supervision of court-appointed special advocates
  in accordance with standards developed by the National Court-Appointed
  Special Advocate Association, including the requirements that--
  (A) a court-appointed special advocate association program have a mission
  and purpose in keeping with the mission and purpose of the National
  Court-Appointed Special Advocate Association and that it abide by the
  National Court-Appointed Special Advocate Association Code of Ethics;
  (B) a court-appointed special advocate association program operate with
  access to legal counsel;
  (C) the management and operation of a court-appointed special advocate
  program assure adequate supervision of court-appointed special advocate
  volunteers;
  (D) a court-appointed special advocate program keep written records on
  the operation of the program in general and on each applicant, volunteer,
  and case;
  (E) a court-appointed special advocate program have written management and
  personnel policies and procedures, screening requirements, and training
  curriculum;
  (F) a court-appointed special advocate program not accept volunteers who
  have been convicted of, have charges pending for, or have in the past been
  charged with, a felony or misdemeanor involving a sex offense, violent act,
  child abuse or neglect, or related acts that would pose risks to children
  or to the court-appointed special advocate program's credibility;
  (G) a court-appointed special advocate program have an established procedure
  to allow the immediate reporting to a court or appropriate agency of a
  situation in which a court-appointed special advocate volunteer has reason
  to believe that a child is in imminent danger;
  (H) a court-appointed special advocate volunteer be an individual who has
  been screened and trained by a recognized court-appointed special advocate
  program and appointed by the court to advocate for children who come into
  the court system primarily as a result of abuse or neglect; and
  (I) a court-appointed special advocate volunteer serve the function of
  reviewing records, facilitating prompt, thorough review of cases, and
  interviewing appropriate parties in order to make recommendations on what
  would be in the best interests of the child.
  (3) In awarding grants under this section, the Administrator shall
  ensure that grants are distributed to localities that have no existing
  court-appointed special advocate program and to programs in need of
  expansion.
SEC. 1568. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated to carry out this chapter--
  (1) $5,000,000 in fiscal year 1991; and
  (2) such sums as may be necessary to carry out this chapter in each of
  fiscal years 1992 and 1993.
CHAPTER 4--CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND
PRACTITIONERS
SEC. 1571. FINDINGS AND PURPOSE.
  (a) FINDINGS- The Congress finds that--
  (1) a large number of juvenile and family courts are inundated with
  increasing numbers of cases due to increased reports of abuse and neglect,
  increasing drug-related maltreatment, and insufficient court resources;
  (2) the amendments made to the Social Security Act by the Adoption
  Assistance and Child Welfare Act of 1980 make substantial demands on the
  courts handling abuse and neglect cases, but provide no assistance to the
  courts to meet those demands;
  (3) the Adoption and Child Welfare Act of 1980 requires courts to--
  (A) determine whether the agency made reasonable efforts to prevent foster
  care placement;
  (B) approve voluntary nonjudicial placement; and
  (C) provide procedural safeguards for parents when their parent-child
  relationship is affected;
  (4) social welfare agencies press the courts to meet such requirements,
  yet scarce resources often dictate that courts comply pro forma without
  undertaking the meaningful judicial inquiry contemplated by Congress in
  the Adoption and Child Welfare Act of 1980;
  (5) compliance with the Adoption and Child Welfare Act of 1980 and overall
  improvements in the judicial response to abuse and neglect cases can best
  come about through action by top level court administrators and judges with
  administrative functions who understand the unique aspects of decisions
  required in child abuse and neglect cases; and
  (6) the Adoption and Child Welfare Act of 1980 provides financial incentives
  to train welfare agency staff to meet the requirements, but provides no
  resources to train judges.
  (b) PURPOSE- The purpose of this chapter is to provide expanded technical
  assistance and training to judicial personnel and attorneys, particularly
  personnel and practitioners in juvenile and family courts, to improve the
  judicial system's handling of child abuse and neglect cases with specific
  emphasis on the role of the courts in addressing reasonable efforts that can
  safely avoid unnecessary and unnecessarily prolonged foster care placement.
SEC. 1572. GRANTS FOR JUVENILE AND FAMILY COURT PERSONNEL.
  In order to improve the judicial system's handling of child abuse and
  neglect cases, the Administrator shall make grants under subpart II of
  part C of title II of the Juvenile Justice and Delinquency Prevention Act
  of 1974 (42 U.S.C. 5665 et seq.) for the purpose of providing--
  (1) technical assistance and training to judicial personnel and attorneys,
  particularly personnel and practitioners in juvenile and family courts; and
  (2) administrative reform in juvenile and family courts.
SEC. 1573. SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING PROGRAMS.
  (a) GRANTS TO DEVELOP MODEL PROGRAMS- (1) The Administrator shall make
  grants to national organizations to develop 1 or more model technical
  assistance and training programs to improve the judicial system's handling
  of child abuse and neglect cases.
  (2) An organization to which a grant is made pursuant to paragraph (1) shall
  be one that has broad membership among juvenile and family court judges and
  has demonstrated experience in providing training and technical assistance
  for judges, attorneys, child welfare personnel, and lay child advocates.
  (b) GRANTS TO JUVENILE AND FAMILY COURTS- (1) In order to improve
  the judicial system's handling of child abuse and neglect cases, the
  Administrator shall make grants to State courts or judicial administrators
  for programs that provide, contract for, or implement--
  (A) training and technical assistance to judicial personnel and attorneys
  in juvenile and family courts; and
  (B) administrative reform in juvenile and family courts.
  (2) The criteria established for the making of grants pursuant to paragraph
  (1) shall give priority to programs that improve--
  (A) procedures for determining whether child service agencies have made
  reasonable efforts to prevent placement of children in foster care;
  (B) procedures for determining whether child service agencies have, after
  placement of children in foster care, made reasonable efforts to reunite
  the family; and
  (C) procedures for coordinating information and services among health
  professionals, social workers, law enforcement professionals, prosecutors,
  defense attorneys, and juvenile and family court personnel, consistent
  with chapter 2.
SEC. 1574. AUTHORIZATION OF APPROPRIATIONS.
  (a) IN GENERAL- There are authorized to be appropriated to carry out
  this chapter--
  (1) $10,000,000 in fiscal year 1991; and
  (2) such sums as may be necessary to carry out this chapter in each of
  fiscal years 1992, 1993, and 1994.
  (b) USE OF FUNDS- Of the amounts appropriated in paragraph (a), not less
  than 80 percent shall be used for grants under section 1573(b).
CHAPTER 5--FEDERAL VICTIMS' PROTECTIONS AND RIGHTS
SEC. 1575. CHILD VICTIMS' RIGHTS.
  (a) CRIMINAL PROCEDURE- The Federal Rules of Criminal Procedure are amended
  by inserting after rule 52 the following new rule:
`Rule 52.1 Child Victims' and Child Witnesses' Rights
  `(a) DEFINITIONS- For purposes of this rule--
  `(1) the term `adult attendant' means an adult described in subdivision
  (i) who accompanies a child throughout the judicial process for the purpose
  of providing emotional support;
  `(2) the term `child' means a person who is under the age of 18, or who
  is determined by a qualified professional to be of less than the age of
  18 developmentally, who is or is alleged to be--
  `(A) a victim of a crime of physical abuse, sexual abuse, or exploitation; or
  `(B) a witness to a crime committed against another person;
  `(3) the term `child abuse' means the physical or mental injury, sexual
  abuse or exploitation, negligent treatment, or maltreatment of a child;
  `(4) the term `exploitation' means child pornography or child prostitution;
  `(5) the term `multidisciplinary child abuse team' means a professional unit
  composed of representatives from health, social service, law enforcement,
  and legal service agencies to coordinate the assistance needed to handle
  cases of child abuse;
  `(6) the term `sexual abuse' includes the employment, use, persuasion,
  inducement, enticement, or coercion of child to engage in, or assist another
  person to engage in, sexually explicit conduct or the rape, molestation,
  prostitution, or other form of sexual exploitation of children, or incest
  with children;
  `(7) the term `sexually explicit conduct' means actual or simulated--
  `(A) sexual intercourse, including sexual contact in the manner of
  genital-genital, oral-genital, anal-genital, or oral-anal contact, whether
  between persons of the same or of opposite sex;
  `(B) bestiality;
  `(C) masturbation;
  `(D) lascivious exhibition of the genitals or pubic area of a person or
  animal; or
  `(E) sadistic or masochistic abuse;
  `(8) the term `sexual contact' means the intentional touching, either
  directly or through clothing, of the genitalia, anus, groin, breast,
  inner thigh, or buttocks of any person with an intent to abuse, humiliate,
  harass, degrade, or arouse or gratify sexual desire of any person; and
  `(9) the term `sex crime' means an act of sexual abuse that is a criminal
  act.
  `(b) ALTERNATIVES TO LIVE IN-COURT TESTIMONY-
  `(1) CHILD'S LIVE TESTIMONY BY 2-WAY CLOSED CIRCUIT TELEVISION.
  `(A) In a proceeding involving an alleged offense against a child or
  involving a child witness, the attorney for the government, the child's
  attorney, or a guardian ad litem appointed under subdivision (h) may apply
  for an order that the child's testimony be taken in a room outside the
  courtroom and be televised by 2-way closed circuit television. The person
  seeking such an order shall apply for such an order at least 5 days before
  the trial date, unless the court finds on the record that the need for
  such an order was not reasonably foreseeable.
  `(B) The court may order that the testimony of the child be taken by
  closed-circuit television as provided in subparagraph (A) if the court
  finds that the child is unable to testify in open court in the presence
  of the defendant, jury, judge, and public, for any of the following reasons:
  `(i) The child persistently refuses to testify despite the court's request
  to do so.
  `(ii) The child is unable to testify because of fear, failure of memory,
  or similar circumstances.
  `(iii) There is a substantial likelihood, established by expert testimony,
  that the child would suffer emotional trauma from testifying in open court.
  `(iv) The child suffers a mental or other infirmity.
  `(C) The court shall support a ruling on the child's inability to testify
  with findings on the record.
  `(D) If the court orders the taking of testimony by television, the attorney
  for the government and the attorney for the defendant shall be present
  in a room outside the courtroom with the child and the child shall be
  subjected to direct and cross-examination. The only other persons who may
  be permitted in the room with the child during the child's testimony are--
  `(i) the child's attorney or guardian ad litem appointed under subdivision
  (h);
  `(ii) persons necessary to operate the closed-circuit television equipment;
  and
  `(iii) other persons whose presence is determined by the court to be
  necessary to the welfare and well-being of the child, including an adult
  attendant.
The child's testimony shall be transmitted by closed circuit television
into the courtroom for viewing and hearing by the defendant, jury, judge,
and public. The defendant shall be provided with the means of private,
contemporaneous communication with the defendant's attorney during the
testimony. The closed circuit television transmission shall relay into the
room in which the child is testifying the defendant's image, in view of the
child, and the voice of the judge.
  `(2) VIDEOTAPED DEPOSITION OF CHILD- (A) In a proceeding involving an alleged
  offense against a child or involving a child witness, the attorney for the
  government, the child's attorney, the child's parent or legal guardian,
  or the guardian ad litem appointed under subdivision (h) may apply for
  an order that a deposition be taken of the child's testimony and that the
  deposition be recorded and preserved on videotape.
  `(B)(i) Upon timely receipt of an application described in subparagraph
  (A), the court shall make a preliminary finding regarding whether at the
  time of trial the child is likely to be unable to testify in open court
  in the physical presence of the defendant, jury, judge, and public for
  any of the following reasons:
  `(I) The child will refuse to testify despite the court's request to do so.
  `(II) The child will be unable to testify because of fear, failure of
  memory, or similar circumstances.
  `(III) There is a substantial likelihood, established by expert testimony,
  that the child would suffer emotional trauma from testifying in open court.
  `(IV) The child suffers a mental or other infirmity.
  `(ii) If the court finds that the child is likely to be unable to testify
  in open court for any of the reasons stated in clause (i), the court shall
  order that the child's deposition be taken and preserved by videotape.
  `(iii) The trial judge shall preside at the videotape deposition of a
  child and shall rule on all questions as if at trial. The only other
  persons who may be permitted to be present at the proceeding are
  `(I) the attorney for the government;
  `(II) the attorney for the defendant;
  `(III) the child's attorney or guardian ad litem appointed under subdivision
  (h);
  `(IV) persons necessary to operate the videotape equipment;
  `(V) subject to clause (iv), the defendant; and
  `(VI) other persons whose presence is determined by the court to be
  necessary to the welfare and well-being of the child.
The defendant shall be afforded the rights applicable to defendants during
trial, including the right to an attorney, the right to be confronted with
the witness against the defendant, and the right to cross-examine the child.
  `(iv) If the preliminary finding of inability under clause (i) is based on
  evidence that the child is unable to testify in the physical presence of the
  defendant, the court may order that the defendant, including a defendant
  represented pro se, be excluded from the room in which the deposition is
  conducted. If the court orders that the defendant be excluded from the
  deposition room, the court shall order that 2-way closed circuit television
  equipment relay the defendant's image into the room in which the child is
  testifying, in view of the child, and the child's testimony into the room
  in which the defendant is viewing the proceeding, and that the defendant
  be provided with a means of private, contemporaneous communication with
  the defendant's attorney during the deposition.
  `(C) If at the time of trial the court finds that the child is unable
  to testify as for a reason described in subparagraph (B)(i), the court
  may admit into evidence the child's videotaped deposition in lieu of the
  child's testifying at the trial. The court shall support a ruling under
  this subparagraph with findings on the record.
  `(D) Upon timely receipt of notice that new evidence has been discovered
  after the original videotaping and before or during trial, the court,
  for good cause shown, may order an additional videotaped deposition. The
  testimony of the child shall be restricted to the matters specified by
  the court as the basis for granting the order.
  `(E) In connection with the taking of a videotaped deposition under this
  paragraph, the court may enter a protective order for the purpose of
  protecting the privacy of the child.
  `(F) The videotape of a deposition taken under this paragraph shall
  be destroyed 5 years after the date on which the trial court entered
  its judgment, but not before a final judgment is entered on appeal. The
  videotape shall become part of the court record and be kept by the court
  until it is destroyed.
  `(c) COMPETENCY EXAMINATIONS-
  `(1) EFFECT OF FEDERAL RULES OF EVIDENCE- Nothing in this subdivision
  shall be construed to abrogate rule 601 of the Federal Rules of Evidence.
  `(2) PRESUMPTION- A child is presumed to be competent.
  `(3) REQUIREMENT OF WRITTEN MOTION- A competency examination regarding a
  child witness may be conducted by the court only upon written motion and
  offer of proof of incompetency by a party.
  `(4) REQUIREMENT OF COMPELLING REASONS- A competency examination regarding
  a child may be conducted only if the court determines, on the record, that
  compelling reasons exist. A child's age alone is not a compelling reason.
  `(5) PERSONS PERMITTED TO BE PRESENT- The only persons who may be permitted
  to be present at a competency examination are--
  `(A) the judge;
  `(B) the attorney for the government;
  `(C) the attorney for the defendant;
  `(D) a court reporter; and
  `(E) persons whose presence, in the opinion of the court, is necessary to
  the welfare and well-being of the child, including the child's attorney,
  guardian ad litem, or adult attendant.
  `(6) NOT BEFORE JURY- A competency examination regarding a child witness
  shall be conducted out of the sight and hearing of a jury.
  `(7) DIRECT EXAMINATION OF CHILD- Examination of a child related to
  competency shall normally be conducted by the court on the basis of
  questions submitted by the attorney for the government and the attorney
  for the defendant. The court may permit an attorney to examine a child
  directly on competency if the court is satisfied that the child will not
  suffer emotional trauma as a result of the examination.
  `(8) APPROPRIATE QUESTIONS- The questions asked at the competency examination
  of a child shall be appropriate to the age and developmental level of the
  child, shall not be related to the issues at trial, and shall focus on
  determining the child's ability to understand and answer simple questions.
  `(9) PSYCHOLOGICAL AND PSYCHIATRIC EXAMINATIONS- Psychological and
  psychiatric examinations to assess the competency of a child witness shall
  not be ordered without a showing of compelling need.
  `(d) PRIVACY PROTECTION.
  `(1) CONFIDENTIALITY OF INFORMATION- (A) A person acting in a capacity
  described in subparagraph (B) in connection with a criminal proceeding
  shall--
  `(i) keep all documents that disclose the name or any other information
  concerning a child in a secure place to which no person who does not have
  reason to know their contents has access; and
  `(ii) disclose documents described in clause (i) or the information in them
  that concerns a child only to persons who, by reason of their participation
  in the proceeding, have reason to know such information.
  `(B) Subparagraph (A) applies to--
  `(i) all employees of the government connected with the case, including
  employees of the Department of Justice, any law enforcement agency involved
  in the case, and any person hired by the government to provide assistance
  in the proceeding;
  `(ii) employees of the court;
  `(iii) the defendant and employees of the defendant, including the attorney
  for the defendant and persons hired by the defendant or the attorney for
  the defendant to provide assistance in the proceeding; and
  `(iv) members of the jury.
  `(2) FILING UNDER SEAL- All papers to be filed in court that disclose the
  name of or any other information concerning a child shall be filed under
  seal without necessity of obtaining a court order. The person who makes
  the filing shall submit to the clerk of the court--
  `(A) the complete paper to be kept under seal; and
  `(B) the paper with the portions of it that disclose the name of or other
  information concerning a child redacted, to be placed in the public record.
  `(3) PROTECTIVE ORDERS- (A) On motion by any person the court may issue
  an order protecting a child from public disclosure of the name of or any
  other information concerning the child in the course of the proceedings,
  if the court determines that there is a significant possibility that such
  disclosure would be detrimental to the child.
  `(B) A protective order issued under subparagraph (A) may--
  `(i) provide that the testimony of a child witness, and the testimony of
  any other witness, when the attorney who calls the witness has reason to
  anticipate that the name of or any other information concerning a child
  may be divulged in the testimony, be taken in a closed courtroom; and
  `(ii) provide for any other measures that may be necessary to protect the
  privacy of the child.
  `(4) DISCLOSURE OF INFORMATION- This subdivision does not prohibit disclosure
  of the name of or other information concerning a child to the defendant, the
  attorney for the defendant, a multidisciplinary child abuse team, a guardian
  ad litem, or an adult attendant, or to anyone to whom, in the opinion of the
  court, disclosure is necessary to the welfare and well-being of the child.
  `(e) CLOSING THE COURTROOM- When a child testifies the court may order the
  exclusion from the courtroom of all persons, including members of the press,
  who do not have a direct interest in the case. Such an order may be made
  if the court determines on the record that requiring the child to testify
  in open court would cause substantial psychological harm to the child or
  would result in the child's inability to effectively communicate. Such
  an order shall be narrowly tailored to serve the government's specific
  compelling interest.
  `(f) VICTIM IMPACT STATEMENT- In preparing the presentence report
  pursuant to rule 32(c), the probation officer shall request information
  from the multidisciplinary child abuse team and other appropriate sources
  to determine the impact of the offense on the child victim and any other
  children who may have been affected. A guardian ad litem appointed under
  subdivision (h) shall make every effort to obtain and report information
  that accurately expresses the child's and the family's views concerning the
  child's victimization. A guardian ad litem shall use forms that permit the
  child to express the child's views concerning the personal consequences
  of the child's victimization, at a level and in a form of communication
  commensurate with the child's age and ability.
  `(g) USE OF MULTIDISCIPLINARY CHILD ABUSE TEAMS.
  `(1) IN GENERAL- A multidisciplinary child abuse team shall be used when it
  is feasible to do so. The court shall work with State and local governments
  that have established multidisciplinary child abuse teams designed to
  assist child victims and child witnesses, and the court and the attorney
  for the government shall consult with the a multidisciplinary child abuse
  team as appropriate.
  `(2) ROLE OF MULTIDISCIPLINARY CHILD ABUSE TEAMS- The role of the
  multidisciplinary child abuse team shall be to provide for a child services
  that the members of the team in their professional roles are capable of
  providing, including--
  `(A) medical diagnoses and evaluation services, including provision or
  interpretation of x-rays, laboratory tests, and related services, as needed,
  and documentation of findings;
  `(B) telephone consultation services in emergencies and in other situations;
  `(C) medical evaluations related to abuse or neglect;
  `(D) psychological and psychiatric diagnoses and evaluation services for
  the child, parent or parents, guardian or guardians, or other caregivers,
  or any other individual involved in a child victim or child witness case;
  `(E) expert medical, psychological, and related professional testimony;
  `(F) case service coordination and assistance, including the location of
  services available from public and private agencies in the community; and
  `(G) training services for judges, litigators, court officers and others
  that are involved in child victim and child witness cases, in handling
  child victims and child witnesses.
  `(h) GUARDIAN AD LITEM.
  `(1) IN GENERAL- The court may appoint a guardian ad litem for a child who
  was a victim of, or a witness to, a crime involving abuse or exploitation to
  protect the best interests of the child. In making the appointment, the court
  shall consider a prospective guardian's background in, and familiarity with,
  the judicial process, social service programs, and child abuse issues. The
  guardian ad litem shall not be a person who is or may be a witness in a
  proceeding involving the child for whom the guardian is appointed.
  `(2) DUTIES OF GUARDIAN AD LITEM- A guardian ad litem may attend all the
  depositions, hearings, and trial proceedings in which a child participates,
  and make recommendations to the court concerning the welfare of the
  child. The guardian ad litem may have access to all reports, evaluations
  and records, except attorney's work product, necessary to effectively
  advocate for the child. A guardian ad litem shall marshal and coordinate
  the delivery of resources and special services to the child. A guardian ad
  litem shall not be compelled to testify in any court action or proceeding
  concerning any information or opinion received from the child in the course
  of serving as a guardian ad litem.
  `(3) IMMUNITIES- A guardian ad litem shall be presumed to be acting in good
  faith and shall be immune from civil and criminal liability for complying
  with the guardian's lawful duties.
  `(i) ADULT ATTENDANT- A child testifying at or attending a judicial
  proceeding shall have the right to be accompanied by an adult attendant
  to provide emotional support to the child. The court, at its discretion,
  may allow the adult attendant to remain in close physical proximity to or
  in contact with the child while the child testifies. The court may allow
  the adult attendant to hold the child's hand or allow the child to sit on
  the adult attendant's lap throughout the course of the proceeding. An adult
  attendant shall not provide the child with an answer to any question directed
  to the child during the course of the child's testimony or otherwise prompt
  the child.
  `(j) SPEEDY TRIAL- In a proceeding in which a child is called to give
  testimony, on motion by the attorney for the government or a guardian ad
  litem, or on its own motion, the court may designate the case as being
  of special public importance. In cases so designated, the court shall,
  consistent with these rules, expedite the proceeding and ensure that it
  takes precedence over any other. The court shall ensure a speedy trial
  in order to minimize the length of time the child must endure the stress
  of involvement with the criminal process. When deciding whether to grant
  a continuance, the court shall take into consideration the age of the
  child and the potential adverse impact the delay may have on the child's
  well-being. The court shall make written findings of fact and conclusions
  of law when granting a continuance in cases involving a child.
  `(k) EXTENSION OF PERIOD OF LIMITATIONS- There is no limitation of time
  within which a prosecution must be commenced for a sex crime involving a
  child victim, regardless whether the crime involved force or resulted in
  serious physical injury or death. If, at any time that a cause of action
  for recovery of compensation for damage or injury to the person of a child
  exists, a criminal action is pending which arises out of the same occurrence
  and in which the child is the victim, the time during which the criminal
  action is pending shall not be counted as part of the time limited for the
  commencement of the civil action. As used in this subdivision, a criminal
  action is pending until its final adjudication in the trial court.'.
  (b) CIVIL PROCEDURE- The Federal Rules of Civil Procedure are amended by
  inserting after rule 43 the following new rule:
`Rule 43.1 Child Victims' and Child Witnesses' Rights
  `(a) DEFINITIONS- For purposes of this rule--
  `(1) the term `adult attendant' means an adult described in subdivision
  (g) who accompanies a child throughout the judicial process for the purpose
  of providing emotional support;
  `(2) the term `child' means a person who is under the age of 18, or who
  is determined by a qualified professional to be of less than the age of
  18 developmentally, who is or is alleged to be--
  `(A) a victim of a crime of physical abuse, sexual abuse, or exploitation; or
  `(B) a witness to a crime committed against another person;
  `(3) the term `child abuse' means the physical or mental injury, sexual
  abuse or exploitation, negligent treatment, or maltreatment of a child;
  `(4) the term `exploitation' means child pornography or child prostitution;
  `(5) the term `multidisciplinary child abuse team' means a professional unit
  composed of representatives from health, social service, law enforcement,
  and legal service agencies to coordinate the assistance needed to handle
  cases of child abuse;
  `(6) the term `sexual abuse' includes the employment, use, persuasion,
  inducement, enticement, or coercion of child to engage in, or assist another
  person to engage in, sexually explicit conduct or the rape, molestation,
  prostitution, or other form of sexual exploitation of children, or incest
  with children;
  `(7) the term `sexually explicit conduct' means actual or simulated--
  `(A) sexual intercourse, including sexual contact in the manner of
  genital-genital, oral-genital, anal-genital, or oral anal contact, whether
  between persons of the same or of opposite sex;
  `(B) bestiality;
  `(C) masturbation;
  `(D) lascivious exhibition of the genitals or pubic area of a person or
  animal; or
  `(E) sadistic or masochistic abuse;
  `(8) the term `sexual contact' means the intentional touching, either
  directly or through clothing, of the genitalia, anus, groin, breast,
  inner thigh, or buttocks of any person with an intent to abuse, humiliate,
  harass, degrade, or arouse or gratify sexual desire of any person; and
  `(9) the term `sex crime' means an act of sexual abuse that is a criminal
  act.
  `(b) ALTERNATIVES TO LIVE IN-COURT TESTIMONY.
  `(1) CHILD'S LIVE TESTIMONY BY 2-WAY CLOSED CIRCUIT TELEVISION-
  `(A) In a proceeding involving an alleged offense against a child or
  involving a child witness, the child's attorney or a guardian ad litem
  appointed under subdivision (f) may apply for an order that the child's
  testimony be taken in a room outside the courtroom and be televised by 2-way
  closed circuit television. The person seeking such an order shall apply for
  such an order at least 5 days before the trial date, unless the court finds
  on the record that the need for such an order was not reasonably foreseeable.
  `(B) The court may order that the testimony of the child be taken by
  closed-circuit television as provided in subparagraph (A) if the court
  finds that the child is unable to testify in open court in the presence
  of the parties, jury, judge, and public, for any of the following reasons:
  `(i) The child persistently refuses to testify despite the court's request
  to do so.
  `(ii) The child is unable to testify because of fear, failure of memory,
  or similar circumstances.
  `(iii) There is a substantial likelihood, established by expert testimony,
  that the child would suffer emotional trauma from testifying in open court.
  `(iv) The child suffers a mental or other infirmity.
  `(C) The court shall support a ruling on the child's inability to testify
  with findings on the record.
  `(D) If the court orders the taking of testimony by television, the attorneys
  for the parties shall be present in a room outside the courtroom with the
  child and the child shall be subjected to direct and cross-examination. The
  only other persons who may be permitted in the room with the child during
  the child's testimony are--
  `(i) the child's attorney or guardian ad litem appointed under subdivision
  (f);
  `(ii) persons necessary to operate the closed-circuit television equipment;
  and
  `(iii) other persons whose presence is determined by the court to be
  necessary to the welfare and well-being of the child, including an adult
  attendant.
The child's testimony shall be transmitted by closed circuit television
into the courtroom for viewing and hearing by the parties, jury, judge,
and public. The parties shall be provided with the means of private,
contemporaneous communication with their attorneys during the testimony. The
closed circuit television transmission shall relay the child's testimony
into the courtroom and the judge's voice into the room in which the child
is testifying.
  `(2) VIDEOTAPED DEPOSITION OF CHILD- (A) In a proceeding involving an
  alleged offense against a child or involving a child witness, the attorney
  for a party, the child's attorney, the child's parent or legal guardian,
  or the guardian ad litem appointed under subdivision (f) may apply for
  an order that a deposition be taken of the child's testimony and that the
  deposition be recorded and preserved on videotape.
  `(B)(i) Upon timely receipt of an application described in subparagraph
  (A), the court shall make a preliminary finding regarding whether at the
  time of trial the child is likely to be unable to testify in open court
  in the physical presence of the parties, jury, judge, and public for any
  of the following reasons:
  `(I) The child will refuse to testify despite the court's request to do so.
  `(II) The child will be unable to testify because of fear, failure of
  memory, or similar circumstances.
  `(III) There is a substantial likelihood, established by expert testimony,
  that the child would suffer emotional trauma from testifying in open court.
  `(IV) The child suffers a mental or other infirmity.
  `(ii) If the court finds that the child is likely to be unable to testify
  in open court for any of the reasons stated in clause (i), the court shall
  order that the child's deposition be taken and preserved by videotape.
  `(iii) The trial judge shall preside at the videotape deposition of a
  child and shall rule on all questions as if at trial. The only other
  persons who may be permitted to be present at the proceeding are
  `(I) the attorneys for the parties;
  `(II) the child's attorney or guardian ad litem appointed under subdivision
  (f);
  `(III) persons necessary to operate the videotape equipment;
  `(IV) subject to clause (iv), the parties; and
  `(V) other persons whose presence is determined by the court to be necessary
  to the welfare and well-being of the child.
  `(iv) If the preliminary finding of inability under clause (i) is based on
  evidence that the child is unable to testify in the physical presence of
  one of the parties, the court may order that the party, including a party
  represented pro se, be excluded from the room in which the deposition is
  conducted. If the court orders that a party be excluded from the deposition
  room, the court shall order that the party be provided with a means of
  private, contemporaneous communication with the party's attorney during
  the deposition.
  `(C) If at the time of trial the court finds that the child is unable
  to testify as for a reason described in subparagraph (B)(i), the court
  may admit into evidence the child's videotaped deposition in lieu of the
  child's testifying at the trial. The court shall support a ruling under
  this subparagraph with findings on the record.
  `(D) Upon timely receipt of notice that new evidence has been discovered
  after the original videotaping and before or during trial, the court,
  for good cause shown, may order an additional videotaped deposition. The
  testimony of the child shall be restricted to the matters specified by
  the court as the basis for granting the order.
  `(E) In connection with the taking of a videotaped deposition under this
  paragraph, the court may enter a protective order for the purpose of
  protecting the privacy of the child.
  `(F) The videotape of a deposition taken under this paragraph shall
  be destroyed 5 years after the date on which the trial court entered
  its judgment, but not before a final judgment is entered on appeal. The
  videotape shall become part of the court record and be kept by the court
  until it is destroyed.
  `(c) COMPETENCY EXAMINATIONS.
  `(1) EFFECT OF FEDERAL RULES OF EVIDENCE- Nothing in this subdivision
  shall be construed to abrogate rule 601 of the Federal Rules of Evidence.
  `(2) PRESUMPTION- A child is presumed to be competent.
  `(3) REQUIREMENT OF WRITTEN MOTION- A competency examination regarding a
  child witness may be conducted by the court only upon written motion and
  offer of proof of incompetency by a party.
  `(4) REQUIREMENT OF COMPELLING REASONS- A competency examination regarding
  a child may be conducted only if the court determines, on the record, that
  compelling reasons exist. A child's age alone is not a compelling reason.
  `(5) PERSONS PERMITTED TO BE PRESENT- The only persons who may be permitted
  to be present at a competency examination are--
  `(A) the judge;
  `(B) the attorneys for the parties;
  `(C) a court reporter; and
  `(D) persons whose presence, in the opinion of the court, is necessary to
  the welfare and well-being of the child, including the child's attorney,
  guardian ad litem, or adult attendant.
  `(6) NOT BEFORE JURY- A competency examination regarding a child witness
  shall be conducted out of the sight and hearing of a jury.
  `(7) DIRECT EXAMINATION OF CHILD- Examination of a child related to
  competency shall normally be conducted by the court on the basis of questions
  submitted by the attorneys for the parties. The court may permit an attorney
  to examine a child directly on competency if the court is satisfied that
  the child will not suffer emotional trauma as a result of the examination.
  `(8) APPROPRIATE QUESTIONS- The questions asked at the competency examination
  of a child shall be appropriate to the age and developmental level of the
  child, shall not be related to the issues at trial, and shall focus on
  determining the child's ability to understand and answer simple questions.
  `(9) PSYCHOLOGICAL AND PSYCHIATRIC EXAMINATIONS- Psychological and
  psychiatric examinations to assess the competency of a child witness shall
  not be ordered without a showing of compelling need.
  `(d) PRIVACY PROTECTION.
  `(1) CONFIDENTIALITY OF INFORMATION- (A) A person acting in a capacity
  described in subparagraph (B) in connection with a civil proceeding shall--
  `(i) keep all documents that disclose the name or any other information
  concerning a child in a secure place to which no person who does not have
  reason to know their contents has access; and
  `(ii) disclose documents described in clause (i) or the information in them
  that concerns a child only to persons who, by reason of their participation
  in the proceeding, have reason to know such information.
  `(B) Subparagraph (A) applies to--
  `(i) all employees of any government agency that may become connected
  with the case, including employees of the Department of Justice, any
  law enforcement agency involved in the case, and any person hired by the
  government to provide assistance in the proceeding;
  `(ii) employees of the court;
  `(iii) the parties and employees of the parties, including the attorneys
  for the parties and persons hired by the parties or an attorney for a
  party to provide assistance in the proceeding; and
  `(iv) members of the jury.
  `(2) FILING UNDER SEAL- All papers to be filed in court that disclose the
  name of or any other information concerning a child shall be filed under
  seal without necessity of obtaining a court order. The person who makes
  the filing shall submit to the clerk of the court--
  `(A) the complete paper to be kept under seal; and
  `(B) the paper with the portions of it that disclose the name of or other
  information concerning a child redacted, to be placed in the public record.
  `(3) PROTECTIVE ORDERS- (A) On motion by any person the court may issue
  an order protecting a child from public disclosure of the name of or any
  other information concerning the child in the course of the proceedings,
  if the court determines that there is a significant possibility that such
  disclosure would be detrimental to the child.
  `(B) A protective order issued under subparagraph (A) may--
  `(i) provide that the testimony of a child witness, and the testimony of
  any other witness, when the attorney who calls the witness has reason to
  anticipate that the name of or any other information concerning a child
  may be divulged in the testimony, be taken in a closed courtroom; and
  `(ii) provide for any other measures that may be necessary to protect the
  privacy of the child.
  `(4) DISCLOSURE OF INFORMATION- This subdivision does not prohibit disclosure
  of the name of or other information concerning a child to a party, an
  attorney for a party, a multidisciplinary child abuse team, a guardian ad
  litem, or an adult attendant, or to anyone to whom, in the opinion of the
  court, disclosure is necessary to the welfare and well-being of the child.
  `(e) CLOSING THE COURTROOM- When a child testifies the court may order the
  exclusion from the courtroom of all persons, including members of the press,
  who do not have a direct interest in the case. Such an order may be made
  if the court determines on the record that requiring the child to testify
  in open court would cause substantial psychological harm to the child or
  would result in the child's inability to effectively communicate.
  `(f) GUARDIAN AD LITEM.
  `(1) IN GENERAL- The court may appoint a guardian ad litem for a child who
  was a victim of, or a witness to, a crime involving abuse or exploitation to
  protect the best interests of the child. In making the appointment, the court
  shall consider a prospective guardian's background in, and familiarity with,
  the judicial process, social service programs, and child abuse issues. The
  guardian ad litem shall not be a person who is or may be a witness in a
  proceeding involving the child for whom the guardian is appointed.
  `(2) DUTIES OF GUARDIAN AD LITEM- A guardian ad litem may attend all the
  depositions, hearings, and trial proceedings in which a child participates,
  and make recommendations to the court concerning the welfare of the
  child. The guardian ad litem may have access to all reports, evaluations
  and records, except attorney's work product, necessary to effectively
  advocate for the child. A guardian ad litem shall marshal and coordinate
  the delivery of resources and special services to the child. A guardian ad
  litem shall not be compelled to testify in any court action or proceeding
  concerning any information or opinion received from the child in the course
  of serving as a guardian ad litem.
  `(3) IMMUNITIES- A guardian ad litem shall be presumed to be acting in good
  faith and shall be immune from civil and criminal liability for complying
  with the guardian's lawful duties.
  `(g) ADULT ATTENDANT- A child testifying at or attending a judicial
  proceeding shall have the right to be accompanied by an adult attendant
  to provide emotional support to the child. The court, at its discretion,
  may allow the adult attendant to remain in close physical proximity to or
  in contact with the child while the child testifies. The court may allow
  the adult attendant to hold the child's hand or allow the child to sit on
  the adult attendant's lap throughout the course of the proceeding. An adult
  attendant shall not provide the child with an answer to any question directed
  to the child during the course of the child's testimony or otherwise prompt
  the child.'.
  (c) EVIDENCE- The Federal Rules of Evidence are amended by inserting after
  rule 803 the following new rule:
`Rule 803.1 Child Victims' and Child Witnesses' Testimony
  `(a) HEARSAY EXCEPTION FOR OUT-OF-COURT STATEMENTS-
  `(1) IN GENERAL- An out-of-court statement made by a child of less than 13
  years of age concerning conduct related to alleged completed or attempted
  crimes of sexual abuse, physical abuse, or exploitation of the child or
  concerning a crime against another person witnessed by the child that is
  not otherwise admissible in a judicial proceeding is not excluded by the
  hearsay rule if--
  `(A) the child testifies at the proceeding, or testifies by means of
  videotaped deposition or closed-circuit television, and at the time of
  the taking of the testimony is subject to cross-examination concerning
  the out-of-court statement;
  `(B) the court finds that the child's out-of-court statement possesses
  particularized guarantees of trustworthiness; or
  `(C) the court finds that the child is unable to testify effectively for
  any of the following reasons:
  `(i) The child persistently refuses to testify despite the court's request
  to do so.
  `(ii) The child is unable to testify because of fear, failure of memory,
  or similar circumstances.
  `(iii) There is a substantial likelihood, established by expert testimony,
  that the child would suffer emotional trauma from testifying in open court
  or by means of videotaped deposition or closed-circuit television.
  `(iv) The child suffers a mental or other infirmity.
  `(v) A privilege precludes taking the child's testimony in open court or
  by means of videotaped deposition or closed-circuit television.
  `(vi) The child has died or is absent from the jurisdiction.
  `(2) GUARANTEES OF TRUSTWORTHINESS- In determining whether a statement
  possesses particularized guarantees of trustworthiness under paragraph
  (1)(B), the court may consider--
  `(i) the child's knowledge of the event;
  `(ii) the age and maturity of the child;
  `(iii) the degree of certainty that the statement was in fact made by
  the child;
  `(iv) any apparent motive the child may have had to falsify or distort
  the event, including bias, corruption, or coercion;
  `(v) the timing of the child's statement;
  `(vi) whether more than one person heard the statement;
  `(vii) whether the child was suffering pain or distress when making the
  statement;
  `(viii) the nature and duration of any alleged abuse;
  `(ix) whether the child's young age makes it unlikely that the child
  fabricated a statement that represents a graphic, detailed account beyond
  the child's experience;
  `(x) whether the statement has internal consistency or coherence and uses
  terminology appropriate to the child's age;
  `(xi) whether the statement is spontaneous or directly responsive to
  questions;
  `(xii) whether the statement is suggestive due to improperly leading
  questions; and
  `(xiii) whether extrinsic evidence exists to show the defendant's opportunity
  to commit the act complained of in the child's statement.
  `(3) NOTICE- The proponent of the admission of an out-of-court statement
  shall notify the adverse party of the proponent's intention to offer the
  statement and of the content of the statement sufficiently in advance of the
  proceeding to provide the adverse party with a fair opportunity to prepare a
  response to the statement before the proceeding at which it is to be offered.
  `(4) FINDINGS- The court shall support with findings on the record any
  rulings pertaining to the child's inability and the trustworthiness of an
  out-of-court statement.
  `(b) TESTIMONIAL AIDS- The court may permit a child to use anatomical dolls,
  puppets, drawings, mannequins, or any other demonstrative device the court
  deems appropriate for the purpose of assisting a child in testifying.'.
  (d) VIOLATION OF RULE REGARDING DISCLOSURE-
  (1) PUNISHMENT AS CONTEMPT- Chapter 21 of title 18, United States Code,
  is amended by adding at the end thereof the following new section:
` 403. Protection of the privacy of child victims and child witnesses
  `A violation of rule 43.1(d)(1) of the Federal Rules of Civil Procedure or
  rule 52.1(d)(1) of the Federal Rules of Criminal Procedure shall constitute
  a criminal contempt classified as a Class A misdemeanor.'.
  (2) TECHNICAL AMENDMENT- The chapter analysis for chapter 21, United States
  Code, is amended by adding at the end thereof the following new item:
`403. Protection of the privacy of child victims and child witnesses.'.
SEC. 1576. CHILD ABUSE REPORTING.
  (a) IN GENERAL- A person who, while engaged in a professional capacity or
  activity described in subsection (b) on Federal land or in a federally
  operated (or contracted) facility, learns of facts that give reason to
  suspect that a child has suffered an incident of child abuse, shall as soon
  as possible make a report of the suspected abuse to the agency designated
  under subsection (d).
  (b) COVERED PROFESSIONALS- Persons engaged in the following professions
  and activities are subject to the requirements of subsection (a):
  (1) Physicians, dentists, medical residents or interns, hospital personnel
  and administrators, nurses, health care practitioners, chiropractors,
  osteopaths, pharmacists, optometrists, podiatrists, emergency medical
  technicians, ambulance drivers, undertakers, coroners, medical examiners,
  and alcohol or drug treatment personnel.
  (2) Religious healers, persons rendering spiritual treatment through prayer,
  and persons licensed to practice the healing arts.
  (3) Psychologists, psychiatrists, and mental health professionals.
  (4) Social workers, licensed or unlicensed marriage, family, or individual
  counselors, and clergy performing counseling roles.
  (5) Teachers, teacher's aides or assistants, school counselors and guidance
  personnel, school officials, and school administrators.
  (6) Child care workers and administrators.
  (7) Law enforcement personnel, judges, probation officers, criminal
  prosecutors, and juvenile rehabilitation or detention facility employees.
  (8) Foster parents.
  (9) Commercial film and photo processors.
  (c) DEFINITIONS- For the purposes of this section--
  (1) the term `child abuse' means the physical or mental injury, sexual
  abuse or exploitation, negligent treatment, or maltreatment of a child;
  (2) the term `exploitation' means child pornography or child prostitution;
  (3) the term `sexual abuse' includes the employment, use, persuasion,
  inducement, enticement, or coercion of child to engage in, or assist another
  person to engage in, sexually explicit conduct or the rape, molestation,
  prostitution, or other form of sexual exploitation of children, or incest
  with children;
  (4) the term `sexually explicit conduct' means actual or simulated--
  (A) sexual intercourse, including sexual contact in the manner of
  genital-genital, oral-genital, anal-genital, or oral anal contact, whether
  between persons of the same or of opposite sex;
  (B) bestiality;
  (C) masturbation;
  (D) lascivious exhibition of the genitals or pubic area of a person or
  animal; or
  (E) sadistic or masochistic abuse; and
  (5) the term `sexual contact' means the intentional touching, either directly
  or through clothing, of the genitalia, anus, groin, breast, inner thigh,
  or buttocks of any person with an intent to abuse, humiliate, harass,
  degrade, or arouse or gratify sexual desire of any person.
  (d) AGENCY DESIGNATED TO RECEIVE REPORT AND ACTION TO BE TAKEN- For
  all Federal lands and all federally operated (or contracted) facilities
  in which children are cared for or reside, the Attorney General shall
  designate an agency to receive and investigate the reports described in
  subsection (a). By formal written agreement, the designated agency may be
  a non-Federal agency. When such reports are received by social services
  or health care agencies, and involve allegations of sexual abuse, serious
  physical injury, or life-threatening neglect of a child, there shall be an
  immediate referral of the report to a law enforcement agency with authority
  to take emergency action to protect the child. All reports received shall
  be promptly investigated, and whenever appropriate, investigations shall
  be conducted jointly by social services and law enforcement personnel,
  with a view toward avoiding unnecessary multiple interviews with the child.
  (e) REPORTING FORM- In every federally operated (or contracted) facility, and
  on all Federal lands, a standard written reporting form, with instructions,
  shall be disseminated to all mandated reporter groups. Use of the form shall
  be encouraged, but its use shall not take the place of the immediate making
  of oral reports, telephonically or otherwise, when circumstances dictate.
  (f) IMMUNITY FOR REPORTING AND ASSOCIATED ACTIONS- All persons who, acting
  in good faith, make a report by subsection (a), or otherwise provide
  information or assistance in connection with a report, investigation,
  or legal intervention pursuant to a report, shall be immune from civil
  and criminal liability arising out of such actions. There shall be a
  presumption that any such persons acted in good faith. If a person is
  sued because of the person's performance of one of the above functions,
  and the defendant prevails in the litigation, the court may order that
  the plaintiff pay the defendant's legal expenses.
  (g) CRIMINAL PENALTY FOR FAILURE TO REPORT- (1) Chapter 110 of title 18,
  United States Code, is amended by adding at the end thereof the following
  new section:
` 2258. Failure to report child abuse
  `A person who, while engaged in a professional capacity or activity
  described in subsection (b) of section 502 of the Victims of Child Abuse
  Act of 1990 on Federal land or in a federally operated (or contracted)
  facility, learns of facts that give reason to suspect that a child has
  suffered an incident of child abuse, as defined in subsection (c) of that
  section, and fails to make a timely report as required by subsection (a)
  of that section, shall be guilty of a Class B misdemeanor.'.
  (2) The chapter analysis for chapter 110, United States Code, is amended--
  (A) by amending the catchline to read as follows:
`CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN';
and
  (B) by adding at the end thereof the following new item:
`2258. Failure to report child abuse.'.
  (3) The item relating to chapter 110 in the part analysis for part 1 of
  title 18, United States Code, is amended to read as follows:
2251'.
  (h) CIVIL LIABILITY FOR FAILURE TO REPORT- (1) A person who fails to make a
  report when required under subsection (a) shall be liable to a child who,
  after the time at which the person learns the facts that give rise to the
  requirement to report, suffers an incident of child abuse.
  (2) In an action brought under paragraph (1), the plaintiff shall have
  the burden of showing that--
  (A) the defendant learned of facts that did give or reasonably should have
  given the defendant reason to suspect that the child on whose behalf suit
  is brought had suffered an incident of child abuse; and
  (B) after the time that the defendant learned of such facts--
  (i) the defendant failed to make a timely report as required by subsection
  (a); and
  (ii) the child suffered an incident of child abuse.
  (3) In an action brought under paragraph (1), the plaintiff may recover
  damages for physical, mental, and emotional injury caused by incidents of
  child abuse that occur after the time that the defendant learned of the
  facts described in subparagraph (A), without regard to whether any other
  person learned of such facts and failed to make a report.
  (4) A plaintiff who makes the showing described in paragraph (2) shall be
  entitled to recover unless the defendant shows that--
  (A) the defendant made a report to the agency as soon as it was possible
  to do so;
  (B) the agency to which the report was required to be made acquired
  knowledge of the facts of which the defendant had learned, or of the
  incident of child abuse whose occurrence was suggested by those facts, at
  a time prior to the occurrence of the incident of child abuse for which
  recovery is sought sufficient to have allowed the agency to take action
  that might have prevented the incident; or
  (C) the agency could not have prevented the incident of child abuse for
  which recovery is sought.
  (i) PRIVILEGES ABROGATED- For the purposes of this section, and in any
  investigations or judicial actions resulting from a report of abuse or
  neglect, the privileged nature of any communications between physician
  and patient, psychotherapist and patient, psychologist and client, social
  worker and client, any other health care provider and patient, and husband
  and wife are abrogated.
  (j) TRAINING OF PROSPECTIVE REPORTERS- All individuals in the occupations
  listed in subsection (b)(1) who work on Federal lands, or are employed
  in federally operated (or contracted) facilities, shall receive periodic
  training in the obligation to report, as well as in the identification of
  abused and neglected children.
CHAPTER 6--CHILD CARE WORKER EMPLOYEE BACKGROUND CHECKS
SEC. 1581. REQUIREMENT FOR BACKGROUND CHECKS.
  (a) IN GENERAL- (1) Each agency of the Federal Government, and every
  facility operated by the Federal Government (or operated under contract with
  the Federal Government), that hires (or contracts for hire) individuals
  involved with the provision to children under the age of 18 of child care
  services shall assure that all existing and newly-hired employees undergo
  a criminal history background check. All existing staff shall receive such
  checks not later than 6 months after the date of enactment of this chapter,
  and no additional staff shall be hired without a check having been completed.
  (2) For the purposes of this section, the term `child care services' means
  child protective services (including the investigation of child abuse and
  neglect reports), social services, health and mental health care, child
  (day) care, education (whether or not directly involved in teaching),
  foster care, residential care, recreational or rehabilitative programs,
  and detention, correctional, or treatment services.
  (b) CRIMINAL HISTORY CHECK- (1) A background check required by subsection
  (a) shall be--
  (A) based on a set of the employee's fingerprints obtained by a law
  enforcement officer and on other identifying information;
  (B) conducted through the Identification Division of the Federal Bureau
  of Investigation and through the State criminal history repositories of
  all States that an employee or prospective employee lists as current and
  former residences in an employment application; and
  (C) initiated through the personnel programs of the applicable Federal
  agencies.
  (2) The results of the background check shall be communicated to the
  employing agency.
  (c) APPLICABLE CRIMINAL HISTORIES- Any conviction for a sex crime, an
  offense involving a child victim, or a drug felony, may be ground for denying
  employment or for dismissal of an employee in any of the positions listed
  in subsection (a)(2). In the case of an incident in which an individual has
  been charged with one of those offenses, when the charge has not yet been
  disposed of, an employer may suspend an employee from having any contact
  with children while on the job until the case is resolved. Conviction of a
  crime other than a sex crime may be considered if it bears on an individual's
  fitness to have responsibility for the safety and well-being of children.
  (d) EMPLOYMENT APPLICATIONS- (1) Employment applications for individuals
  who are seeking work for an agency of the Federal Government, or for a
  facility or program operated by (or through contract with) the Federal
  Government, in any of the positions listed in subsection (a)(1), shall
  contain a question asking whether the individual has ever been arrested
  for or charged with a crime involving a child, and if so requiring a
  description of the disposition of the arrest or charge. An application
  shall state that it is being signed under penalty of perjury, with the
  applicable Federal punishment for perjury stated on the application.
  (2) A Federal agency seeking a criminal history record check shall first
  obtain the signature of the employee or prospective employee indicating that
  the employee or prospective employee has been notified of the employer's
  obligation to require a record check as a condition of employment and
  the employee's right to obtain a copy of the criminal history report made
  available to the employing Federal agency and the right to challenge the
  accuracy and completeness of any information contained in the report.
  (e) ENCOURAGEMENT OF VOLUNTARY CRIMINAL HISTORY CHECKS FOR OTHERS WHO
  MAY HAVE CONTACT WITH CHILDREN- Federal agencies and facilities are
  encouraged to submit identifying information for criminal history checks
  on volunteers working in any of the positions listed in subsection (a)
  and on adult household members in places where child care or foster care
  services are being provided in a home.
Subtitle M--Steroid Trafficking Act of 1990
SEC. 1601. SHORT TITLE.
  This subtitle may be cited as the `Steroid Trafficking Act of 1990'.
CHAPTER 1--ANABOLIC STEROIDS
SEC. 1611. STEROIDS LISTED AS CONTROLLED SUBSTANCES.
  (a) ADDING STEROIDS TO SCHEDULE II OF THE CONTROLLED SUBSTANCES ACT-
  Subdivision (b) of schedule II of section 202(c) of the Controlled
  Substances Act (21 U.S.C. 812(c)) is amended by inserting at the end
  thereof the following:
  `(22) Anabolic steroids.'.
  (b) DEFINITION- Section 102 of the Controlled Substances Act (21 U.S.C. 802)
  is amended by adding at the end thereof the following:
  `(41) The term `anabolic steroids' means--
  `(A) any drug that is chemically related to the male hormone testosterone
  and that promotes or purports to promote muscle growth, including any amount
  of the following chemical designations and their salts, esters, and isomers:
  `(i) bodenone,
  `(ii) chlorotestosterone,
  `(iii) clostebol,
  `(iv) dehydrochlormethyltestosterone,
  `(v) dihydrotestosterone,
  `(vi) drostanolone,
  `(vii) ethylestrenol,
  `(viii) fluoxymesterone,
  `(ix) mesterolone,
  `(x) methandienone,
  `(xi) methandranone,
  `(xii) methandriol,
  `(xiii) methandrostenolone,
  `(xiv) methyltestosterone,
  `(xv) mibolerone,
  `(xvi) nandrolone,
  `(xvii) norethandrolone,
  `(xviii) oxandrolone,
  `(xix) oxymesterone,
  `(xx) oxymetholone,
  `(xxi) stanolone,
  `(xxii) stanozolol,
  `(xxiii) testolactone,
  `(xxiv) testosterone,
  `(xxv) trenbolone, and
  `(B) any substance which is purported, represented or labeled as being or
  containing any amount of any drug described in subparagraph (A), or any
  substance labeled as being or containing any such drug.
As used in schedule II, such term shall not include an anabolic steroid
which is expressly intended for administration through implants to cattle
or other nonhuman species and which has been approved by the Secretary of
Health and Human Services for such administration, except that if any person
prescribes, dispenses, or distributes such steroid for human use, such person
shall be considered to have prescribed, dispensed, or distributed a steroid
in schedule II of this Act.'.
  (c) EFFECT OF SCHEDULING ON PRESCRIPTIONS- Any prescription for anabolic
  steroids subject to refill on or after the date of enactment of the
  amendments made by this section may be refilled without restriction under
  section 309(a) of the Controlled Substances Act (21 U.S.C. 829(a)).
  (d) EFFECTIVE DATE- This section and the amendments made by this section
  shall take effect 90 days after the date of enactment of this chapter.
SEC. 1612. REGULATIONS BY ATTORNEY GENERAL.
  (a) ABUSE POTENTIAL- The Attorney General, upon the recommendation of
  the Secretary of Health and Human Services, shall, by regulation, exempt
  any compound, mixture, or preparation containing a substance listed in
  paragraph (41) of section 102 of the Controlled Substances Act (as added by
  section 1611 of this Act) from the application of all or any part of the
  Controlled Substances Act if, because of its concentration, preparation,
  mixture or delivery system, it has no significant potential for abuse.
  (b) DRUGS FOR TREATMENT OF RARE DISEASES- If the Attorney General finds
  that a drug listed in paragraph (41) of section 102 of the Controlled
  Substances Act (as added by section 1611 of this Act) is--
  (1) approved by the Food and Drug Administration as an accepted treatment
  for a rare disease or condition, as defined in section 526 of the Federal
  Food, Drug, and Cosmetic Act (21 U.S.C. 360bb); and
  (2) does not have a significant potential for abuse,
the Attorney General may exempt such drug from any production regulations
otherwise issued under the Controlled Substances Act as may be necessary to
ensure adequate supplies of such drug for medical purposes.
  (c) DATE OF ISSUANCE OF REGULATIONS- The Attorney General shall issue
  regulations implementing this section not later than 45 days after the
  date of enactment of this chapter.
CHAPTER 2--HUMAN GROWTH HORMONE
SEC. 1621. AMENDMENT TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
  Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333)
  is amended by inserting a new subsection (e) as follows:
  `(e)(1) Except as provided in paragraph (2), whoever knowingly distributes,
  or possesses with intent to distribute, human growth hormone for any
  use in humans other than the treatment of a disease or other recognized
  medical condition pursuant to the order of a physician is guilty of an
  offense punishable by not more than 5 years in prison, such fines as are
  authorized by title 18, United States Code, or both.
  `(2) Whoever commits any offense set forth in paragraph (1) and such
  offense involves an individual under 18 years of age is punishable by not
  more than 10 years imprisonment, such fines as are authorized by title 18,
  United States Code, or both.
  `(3) Any conviction for a violation of paragraphs (1) and (2) of this
  subsection shall be considered a felony violation of the Controlled
  Substances Act for the purposes of forfeiture under section 413 of such Act.
  `(4) As used in this subsection the term `human growth hormone' means--
  `(A) somatrem, somatropin, and any of their analogs; and
  `(B) any substance which is purported, represented or labeled as being or
  containing any amount of any drug described in subparagraph (A), or any
  substance labeled as being or containing any such drug.
  `(5) The Drug Enforcement Administration is authorized to investigate
  offenses punishable by this subsection.'.
SEC. 1622. CONVICTION OF SECTION 303(e) OF THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT.
  Section 2401 of the Anti-Drug Abuse Act of 1988 (Public Law 100-690;
  102 Stat. 4181) is repealed.
TITLE II--TREATMENT
SEC. 2000. TABLE OF CONTENTS.
  The table of contents for this title is as follows:
TITLE II--TREATMENT
Sec. 2000. Table of contents.
Subtitle A--Alcohol, Drug Abuse, and Mental Health Services Block Grant
Sec. 2001. Reauthorization.
Sec. 2002. Allotments.
Sec. 2003. Revision with respect to the use of allotments.
Sec. 2004. ADAMHA intravenous drug abuse waiver.
Subtitle B--Programs Targeting Females
Sec. 2101. Model projects concerning alcohol and drug abuse among pregnant
and postpartum women and their infants.
Subtitle C--Treatment Improvement
Chapter 1--General Treatment Provisions
Sec. 2201. Establishment of office for treatment improvement.
Sec. 2202. Statewide substance abuse treatment plan.
Sec. 2203. Grants for training of drug treatment professionals.
Sec. 2204. Rural substance abuse treatment and education grants.
Sec. 2205. Clearinghouse program.
Sec. 2206. Program for reduction of waiting period for drug abuse treatment.
Sec. 2207. Program for drug abuse projects of national significance.
Chapter 2--Drug Treatment in Prison
Sec. 2211. Findings.
Sec. 2212. Authorization of appropriations for treatment services.
Sec. 2213. Grants for drug treatment in the criminal justice system.
Sec. 2214. Special supervised release for drug dependent offenders.
Subtitle D--Substance Abuse Treatment Services Under Medicaid
Sec. 2301. Substance abuse treatment services under medicaid.
Subtitle A--Alcohol, Drug Abuse, and Mental Health Services Block Grant
SEC. 2001. REAUTHORIZATION.
  Section 1911(a) of the Public Health Service Act (42 U.S.C. 300x(a))
  is amended by striking out `and such sums' and all that follows through
  the period and inserting in lieu thereof `, and $2,000,000,000 for fiscal
  year 1991'.
SEC. 2002. ALLOTMENTS.
  Section 1912A if the Public Health Service Act (42 U.S.C. 300x-1a)
  is amended--
  (1) in subsection (a)(4)(B)(i)--
  (A) by striking out `0.4' in subclause (I), and inserting in lieu thereof
  `0.2'; and
  (B) by striking out `indicated by the most recent data collected by the
  Bureau of the Census' in subclause (II), and inserting in lieu thereof
  `determined by multiplying the percentage of the population of the State
  that resides in urbanized areas of the State (as indicated by the most
  recent dicennial census compiled by the Bureau of the Census) by the most
  recent estimate of the total population of the State';
  (2) in subsection (a)(4)(B)(ii)(I), by striking out `0.2' and inserting
  in lieu thereof `0.266';
  (3) in subsection (a)(4)(B)(iii)(I), by striking out `0.2' and inserting
  in lieu thereof `0.266';
  (4) in subsection (a)(4)(B)(iv)(I), by striking out `0.2' and inserting
  in lieu thereof `0.267';
  (5) in subsection (b), to read as follows:
  `(b)(1) In fiscal year 1991, each State shall receive a minimum allotment
  under this subpart of the lesser of--
  `(A) $8,000,000; and
  `(B) an amount equal to 105 percent of the sum of--
  `(i) the amount the State received under section 1913 for fiscal year 1990
  (as such section was in effect for such fiscal year); and
  `(ii) the amount the State received under part C for fiscal year 1990.
  `(2) In subsequent fiscal years, each State shall receive a minimum allotment
  under this subpart that is equal to the amount that such State received
  in fiscal year 1990 under paragraph (1) (for the minimum amount that such
  State was entitled to under such paragraph) plus an amount equal to such
  minimum multiplied by the percentage increase in the amount appropriated
  under section 1911(a) in such subsequent fiscal year above the amount
  appropriated for the immediately preceding fiscal year.'; and
  (6) in subsection (f), to read as follows:
  `(f) For purposes of subsection (e), the applicable amount for each fiscal
  year is $330,000,000.'.
SEC. 2003. REVISION WITH RESPECT TO THE USE OF ALLOTMENTS.
  Section 1915 of the Public Health Service Act (42 U.S.C. 300x-3) is amended--
  (1) in subsection (b)--
  (A) by inserting after the comma in paragraph (1), the following: `except
  that funds may be used to pay for inpatient hospital drug treatment services
  pursuant to a contractual arrangement with a hospital if--
  `(A) necessary residential treatment services could not otherwise be
  provided; and
  `(B) the rates paid for such services do not exceed 125 percent of the cost
  of the rates typically required for comparable residential services.'; and
  (B) by inserting after the fifth sentence in the matter following paragraph
  (5), the following new sentence: `The Secretary may waive or reduce the
  matching rate requirement of the preceding sentence if the State requests
  such a waiver and the Secretary determines that a failure to grant such a
  request would result in a reduction in the resources that would otherwise
  be used to provide direct treatment services and that are essential to
  the implementation of the State drug abuse plan.';
  (2) in subsection (c)(1)--
  (A) by inserting `including social and health services necessary to improve
  treatment outcomes,' after `drug abuse,' in subparagraph (A);
  (B) by striking out `and' at the end of subparagraph (B);
  (C) by striking out the period at the end of subparagraph (C) and inserting
  in lieu thereof a semicolon; and
  (D) by adding at the end thereof the following new subparagraphs:
  `(D) to provide counseling to family members of drug abusers, including
  such family members in group and family counseling service settings for
  the treatment of drug abusers; and
  `(E) to develop, implement, and operate programs of treatment for adult
  and juvenile substance abusers in State and local criminal and juvenile
  justice systems, including treatment programs for individuals in prisons
  and jails and those on probation, parole, supervised release, and pretrial
  release.'; and
  (3) by inserting at the end of subsection (d) the following new sentence:
  `Expenses incurred for the training of individuals as required under this
  subpart shall not be included in determining the costs of administering
  funds made available under section 1914.'.
SEC. 2004. ADAMHA INTRAVENOUS DRUG ABUSE WAIVER.
  (a) INTRAVENOUS DRUG USERS- Section 1916(c)(7) of the Public Health Services
  Act (42 U.S.C. 300x-4(a)(7)) is amended by adding at the end thereof the
  following new sentence: `The Secretary shall waive the provisions of the
  preceding sentence for any State that has submitted an application for
  such a waiver to the Secretary prior to September 30, 1991'.
  (b) EFFECTIVE DATE- The amendment made by subsection (a) shall become
  effective on October 1, 1991.
Subtitle B--Programs Targeting Females
SEC. 2101. MODEL PROJECTS CONCERNING ALCOHOL AND DRUG ABUSE AMONG PREGNANT
AND POSTPARTUM WOMEN AND THEIR INFANTS.
  (a) IN GENERAL- Section 509F of the Public Health Service Act (42
  U.S.C. 290aa-13) is amended by striking out subsections (b) through (e)
  and inserting in lieu thereof the following new subsections:
  `(b) In making grants under subsection (a), the Director of the Office
  shall give priority to projects--
  `(1) that will provide treatment services;
  `(2) that include--
  `(A) service delivery strategies and outreach services in the community
  involved to identify such women who are abusing alcohol or drugs and to
  encourage such women to undergo treatment for such abuse;
  `(B) prenatal and postpartum health care for women undergoing such treatment;
  `(C) with respect to the infants of such women, pediatric health care;
  `(D) child care, transportation, and other support services with respect
  to such treatment;
  `(E) as appropriate, referrals to facilities for necessary hospital services;
  `(F) employment counseling and other appropriate follow-up services to
  help prevent a relapse of alcohol or drug abuse;
  `(G) case management services, including assistance in establishing
  eligibility for assistance under Federal, State, and local programs
  providing health services, mental health services, or social services;
  `(H) efforts to preserve and support the family unit;
  `(I) direct intervention, treatment, or rehabilitation of infants, that
  may include other siblings, to reduce or prevent the impact of maternal
  substance abuse on such children;
  `(J) supportive services for biologic or foster parents of infants affected
  by maternal substance abuse;
  `(K) strategies for providing treatment resources to low-income pregnant
  and postpartum women;
  `(L) strategies for providing treatment resources to pregnant and postpartum
  women under criminal justice supervision; or
  `(M) other services that will tend to improve pregnancy outcomes, reduce
  substance abuse among women of childbearing age, and increase the stability
  of the family home environment.
  `(c) With respect to any health service described under this section that
  is covered by the appropriate State plan approved under title XIX of the
  Social Security Act, the Director of the Office shall not make a grant
  under subsection (a) unless--
  `(1) the applicant for the grant will provide the health service directly,
  and the applicant has entered into a participation agreement under the
  appropriate State plan and is qualified to receive payments under such
  plan; or
  `(2) the applicant for the grant has entered into a contract with an
  entity under which the entity shall provide the health service, and the
  entity has entered into such a participation agreement and is qualified
  to receive such payments.
  `(d) The Director of the Office shall not make a grant under subsection
  (a) unless the applicant for the grant agrees that, if a charge is imposed
  for the provision of services or activities under the grant, such charge--
  `(1) will be made according to a schedule of charges that is made available
  to the public;
  `(2) will be adjusted to reflect the income and resources of the woman
  involved; and
  `(3) will not be imposed on any woman with an income of less than 100 percent
  of the official poverty line, as established by the Director of the Office
  for Management and Budget and revised by the Secretary in accordance with
  section 673(2) of the Omnibus Budget Reconciliation Act of 1981.
  `(e) In making grants under subsection (a) for the provision of treatment
  services for alcohol and drug abuse, the Director of the Office shall ensure
  that the grants are distributed among projects that provide outpatient
  treatment and projects that provide residential treatment, in a manner
  that reflects the general desirability of residential treatment programs
  for pregnant addicts.
  `(f) The Director of the Office shall not make a grant under subsection
  (a) unless--
  `(1) an application for the grant is submitted to the Secretary;
  `(2) the applicant for the grant agrees to submit to the Secretary an
  annual report that describes the number of women served, the number of
  infants served, the type and costs of services provided, and such other
  information as the Secretary determines to be appropriate;
  `(3) 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;
  `(4) 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; and
  `(5) the application contains an assurance that the applicant will provide
  funds, other than Federal funds, in an amount that is not less than 10
  percent of the amount of the grant under subsection (a).
  `(g) The period during which payments are made by the Director of the
  Office under a grant under subsection (a) shall not exceed 5 years, except
  that the Director of the Office may establish a procedure for renewal of
  grants under subsection (a).
  `(h) Nothing in this section shall be construed to permit the Secretary
  to discriminate in the awarding of grants under subsection (a) against
  applicants that propose or provide residential or outpatient rehabilitation
  services under applicable requirements of State law, including applicants
  that provide services to substance abusing pregnant and postpartum women
  that receive treatment by order of a court or other appropriate public
  agency, so long as all such applications include measures that encourage
  substance abusing pregnant and postpartum women to seek prenatal care
  and rehabilitation.
  `(i) The Director of the Office shall, after consultation with the Director
  of the National Institute on Drug Abuse, periodically conduct evaluations
  to determine the effectiveness of projects supported under subsection (a).
  `(j) The Director of the Office shall annually submit to the appropriate
  Committees of Congress a report describing programs carried out pursuant
  to this section. Each such report shall include any evaluations conducted
  under subsection (i) during the preceding fiscal year.
  `(k)(1) In making grants under subsection (a), the Director of the Office
  shall make a grant to an institution of the type described in paragraph
  (2) for the establishment of a National Resource and Information Center
  for Perinatal Addiction, unless the Director finds that the Office is
  performing each of the functions described in paragraph (3) and reports
  such finding to the Committee on Labor and Human Resources of the Senate
  and the Committee on Energy and Commerce of the House of Representatives.
  `(2) The grant described in paragraph (1) shall be awarded, after
  a competitive search, to a private nonprofit institution that has an
  extensive background and experience in performing research on maternal
  substance abuse and in disseminating such information to professionals,
  policymakers, the general public and the media, as well as experience in
  providing educational services to maternal substance abusers and their
  exposed infants.
  `(3) The Center established under subsection (a) shall--
  `(A) coordinate and disseminate research on maternal substance abuse,
  treatment options for such women and infants of such women, and prevention
  strategies;
  `(B) develop and distribute training and educational information and
  materials concerning maternal substance abuse;
  `(C) act as a clearinghouse for information on treatment programs for
  pregnant women who are addicted to illegal substances;
  `(D) develop and manage a national toll free hotline to provide information
  and referrals;
  `(E) provide policy analysis and program evaluation to the Secretary of
  Health and Human Services; and
  `(F) provide any other services designed to carry out the purposes of
  this subsection.
  `(l) For the purpose of carrying out this section, there is authorized to
  be appropriated $50,000,000 for each of the fiscal years 1991 and 1992.'.
  (b) GRANTEES- Section 509F(a) of such Act (42 U.S.C. 290aa-13(a)) is
  amended by inserting at the end thereof the following new sentence:
  `Such grants may be made only to public and nonprofit private entities
  and to appropriately qualified Indian tribes and tribal organizations
  (as defined in section 1913(b)(5)).'.
Subtitle C--Treatment Improvement
CHAPTER 1--GENERAL TREATMENT PROVISIONS
SEC. 2201. ESTABLISHMENT OF OFFICE FOR TREATMENT IMPROVEMENT.
  Title V of the Public Health Service Act is amended by inserting after
  section 507 (42 U.S.C. 290aa-5) the following new section:
`SEC. 507A. OFFICE FOR TREATMENT IMPROVEMENT.
  `(a) IN GENERAL- There is established in the Administration an Office
  for Treatment Improvement (hereinafter referred to in this section as the
  `Treatment Office'). The Treatment Office shall be headed by a Director who
  shall be appointed by the Secretary from among individuals with extensive
  experience or academic qualifications in the treatment of drug or alcohol
  abuse. The Secretary, acting through the Director of the Treatment Office,
  shall carry out this section.
  `(b) ALCOHOL AND DRUG ABUSE RESPONSIBILITIES- With respect to alcohol and
  drug abuse, the Director of the Treatment Office shall--
  `(1) collaborate with the Director of the Office for Substance Abuse
  Prevention to provide outreach services to identify individuals in need
  of treatment services, with emphasis on the provision of such services to
  racial and ethnic minorities, to adolescents, to pregnant and postpartum
  women and their infants, to individuals who abuse drugs intravenously,
  and to residents of publicly-assisted housing;
  `(2) collaborate with the Director of the National Institute on Drug Abuse
  and with the States to promote the study of the outcomes of treatment
  services to identify the manner in which such treatment services can most
  effectively be provided;
  `(3) collaborate with the Director of the National Institute on Drug Abuse
  to promote the dissemination and implementation of research findings that
  will improve the delivery and effectiveness of treatment services;
  `(4) evaluate plans submitted by the States pursuant to section 1916B to
  advise the Administrator on whether the plans adequately provide for the
  allocation of the treatment resources of the States;
  `(5) carry out the grant programs established in sections 508A, 509, 509E,
  509G, 509H, and 509I;
  `(6) sponsor regional workshops on improving the quality and availability
  of treatment services;
  `(7) provide technical assistance to public and nonprofit private entities
  that provide prevention and treatment services, including technical
  assistance with respect to the process of submitting to the Director
  applications for any program of grants carried out by the Director;
  `(8) after consultation with organizations that represent providers of
  prehospital emergency medical services, carry out programs to train such
  providers with respect to responding to any emergency involving special
  problems that arise as a result of the abuse of alcohol or drugs by the
  victim of the emergency, including the problem of interacting with victims
  who are violent as a result of such abuse;
  `(9) encourage State and Federal agencies offering treatment opportunities
  for individuals addicted to drugs or alcohol to utilize and establish
  self-run, self-supported recovery homes based on the Oxford House Model,
  as described in section 1916A;
  `(10) provide treatment services by making grants to public and nonprofit
  private entities under section 329, 330, or and 340, and in making such
  grants, ensure that the grants are equitably allocated among the principal
  geographic regions of the United States, and between urban and rural areas,
  subject to the availability of qualified applicants for the grants;
  `(11) improve the coordination of the treatment resources of communities
  to ensure that the resources are applied in the manner most consistent
  with the needs of the communities, including referring individuals to the
  most appropriate provider of treatment services;
  `(12) improve coordination between treatment facilities and agencies
  providing health, social, and employment services to assist, in a
  comprehensive manner, individuals undergoing treatment;
  `(13) carry out activities to educate communities on the need for
  establishing treatment facilities within the communities;
  `(14) encourage public and private entities that provide health insurance
  to provide benefits for drug treatment services; and
  `(15) develop programs to increase the number of health professionals
  providing treatment services and to promote the increased integration
  into the health care system of the United States of programs for providing
  treatment services.
  `(c) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out
  paragraph (10) of subsection (b), there are authorized to be appropriated
  $50,000,000 for each of the fiscal years 1991 and 1992.'.
SEC. 2202. STATEWIDE SUBSTANCE ABUSE TREATMENT PLAN.
  (a) IN GENERAL- Title XIX of the Public Health Service Act is amended by
  inserting after section 1916A (42 U.S.C. 300x-4a) the following new section:
`SEC. 1916B. STATEWIDE SUBSTANCE ABUSE TREATMENT PLAN.
  `(a) NATURE OF THE PLAN- To receive its allotment for a fiscal year under
  section 1912A, a State shall develop, implement, and submit as part of the
  application required by section 1916(a), an approved statewide Substance
  Abuse Treatment Plan, prepared according to standards issued by the
  Secretary, that shall--
  `(1) contain a single, designated State agency for formulating and
  implementing the Statewide Substance Abuse Treatment Plan;
  `(2) contain a description of the mechanism that shall be used to assess
  the needs for substance abuse treatment in localities throughout the State
  including the presentation of relevant data;
  `(3) contain a description of a statewide plan that shall be implemented to
  expand treatment capacity and overcome obstacles that restrict the expansion
  of treatment capacity (such as zoning ordinances), or an explanation of
  why such a plan is unnecessary;
  `(4) contain a description of performance-based criteria that shall be
  used to assist in the allocation of funds to substance abuse treatment
  facilities receiving assistance under this subpart;
  `(5) contain a description of the mechanism that shall be used to make
  funding allocations under this subpart;
  `(6) contain a description of the actions that shall be taken to improve
  the referral of substance abusers to treatment facilities that offer the
  most appropriate treatment modality;
  `(7) contain a description of the program of training that shall be
  implemented for employees of treatment facilities receiving Federal funds,
  designed to permit such employees to stay informed concerning the latest
  and most effective treatment techniques;
  `(8) contain a description of the plan that shall be implemented to
  coordinate substance abuse treatment facilities with other social, health,
  correctional and vocational services to assist or properly refer those
  patients in need of such additional services;
  `(9) contain a description of the plan that shall be implemented to
  expand drug treatment opportunities for individuals under criminal justice
  supervision;
  `(10) contain a description of the plan that will be implemented to expand
  and improve efforts to deter women from knowingly abusing drugs during
  pregnancy, to contact and treat pregnant women who abuse drugs, and to
  provide appropriate follow-up services to their affected newborns;
  `(11) provide for the targeting of funds toward areas of the greatest
  need in the State, using such criteria as the State may establish for
  determining such areas, including criteria for focusing on--
  `(A) the current unmet treatment needs in the State including both the
  inpatient, outpatient, and long- and short-term substance abuse treatment
  service needs of defined populations and the availability of essential
  ancillary services;
  `(B) the incidence of deliveries of infants who are adversely affected by
  maternal substance abuse;
  `(C) the incidence of criminal activities related to substance abuse; and
  `(D) the incidence of communicable diseases transmitted by substance abusers;
  `(12) provide for the periodic testing of patients as appropriate for
  various treatment populations to determine the patients compliance with
  treatment regimens and the establishment of clinically appropriate policies
  for dealing with patients who fail such tests and provide that such testing
  conducted not be required to be more frequent than is necessary to achieve
  treatment objectives;
  `(13) provide for aftercare or follow-up, either directly or through
  arrangements with other individuals or entities, for patients who have
  ended a course of treatment provided by the facility, that shall include
  periodic contacts with the patient to monitor the patient's progress and
  provide services or additional treatment as needed;
  `(14) increase, if necessary, the availability of specialized services
  and facilities necessary to meet the needs of female and minority drug
  abusers; and
  `(15) provide for the establishment of a program of interim assistance for
  individuals who apply for treatment, and who must wait for the availability
  of treatment opportunities, such as--
  `(A) education and counseling concerning drug abuse; and
  `(B) the referral to, or provision of, other necessary health and social
  services that may include primary health care, education, and vocational
  services.
  `(b) SUBMISSION OF THE PLAN- The plan required by subsection (a) shall be
  submitted to the Secretary annually for review and approval. The Secretary
  shall have the authority to review and approve or disapprove such State
  plans, and to propose changes to such plans.
  `(c) GUIDELINES-
  `(1) DEVELOPMENT- The Secretary, in consultation with the States, shall
  develop guidelines for each area to be covered by the State plan prepared
  under subsection (a).
  `(2) CONFORMANCE WITH GUIDELINES- Beginning in fiscal year 1992, no payment
  shall be made to a State from its allotment under section 1912A unless
  such State has submitted a plan under this section that is in reasonable
  conformance with the guidelines developed under paragraph (1), except that
  with respect to the performance criteria for treatment facilities described
  in subsection (a)(4), the State plan shall provide a reasonable time for
  such conformance.
  `(3) MONITORING COMPLIANCE- The Secretary shall monitor the compliance of
  the State with the plan submitted under this section and provide technical
  assistance to assist in achieving such compliance.
  `(d) REPORTS- Each State shall prepare and submit reports to the Secretary,
  at such times, in such form, and containing such information as the
  Secretary may require, and shall comply with such additional provisions
  as the Secretary may find necessary to verify the accuracy of such reports.
  `(e) WAIVER OF PLAN REQUIREMENT- The Secretary may waive any or all
  of the requirements of this section on the written request of a State,
  except that such waiver shall not be granted unless the State implements
  an alternative treatment plan that fulfills the objectives of this section.
  `(f) MODEL STATE PLAN- The Director of the Office for Treatment Improvement
  shall establish a model State substance abuse treatment plan to guide
  States in establishing State plans under subsection (a), and shall provide
  technical assistance to assist States in complying with such plan.
  `(g) ADMINISTRATIVE EXPENSES- Expenses incurred for the training of
  individuals as required under any plans submitted under this section
  shall not be included in determining the costs of administering funds made
  available under section 1914 with respect to alcohol and drug abuse.'.
SEC. 2203. GRANTS FOR TRAINING OF DRUG TREATMENT PROFESSIONALS.
  Title V of the Public Health Service Act is amended by inserting after
  section 508 (42 U.S.C. 290aa-6) the following new section:
`SEC. 508A. GRANTS FOR TRAINING OF DRUG TREATMENT PROFESSIONALS.
  `(a) ESTABLISHMENT- The Director of the Office for Treatment Improvement
  (hereinafter referred to in this section as the `Director') shall
  establish a program to provide grants to eligible institutions to enable
  such institutions to provide training services to increase the supply of
  drug treatment professionals.
  `(b) ELIGIBLE INSTITUTIONS- Institutions eligible to receive a grant under
  this section shall include medical schools, schools of osteopathy, schools
  of nursing, schools of public health, schools of chiropractic services,
  schools of social work, and other appropriate educational institutions
  that submit an application in accordance with subsection (c).
  `(c) APPLICATIONS- To be eligible to receive a grant under this section,
  an eligible institution shall submit an application to the Director at such
  time, in such manner, and containing such information as the Director may
  reasonably require.
  `(d) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out this
  section there are authorized to be appropriated $25,000,000 for each of
  the fiscal years 1991 and 1992.'.
SEC. 2204. RURAL SUBSTANCE ABUSE TREATMENT AND EDUCATION GRANTS.
  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 thereof the following new section:
`SEC. 509H. RURAL SUBSTANCE ABUSE TREATMENT.
  `(a) IN GENERAL- The Director of the Office for Treatment Improvement
  (hereinafter referred to in this section as the `Director') shall establish
  a program to provide grants to hospitals, community health centers, migrant
  health centers, health entities of Indian tribes and tribal organizations
  (as defined in section 1913(b)(5)), and other appropriate entities
  that serve nonmetropolitan areas to assist such entities in developing
  and implementing projects that provide, or expand the availability of,
  substance abuse treatment services.
  `(b) REQUIREMENTS- To receive a grant under this section a hospital,
  community health center, or treatment facility shall--
  `(1) serve a nonmetropolitan area or have a substance abuse treatment
  program that is designed to serve a nonmetropolitan area;
  `(2) operate, or have a plan to operate, an approved substance abuse
  treatment program;
  `(3) agree to coordinate the project assisted under this section with
  substance abuse treatment activities within the State and local agencies
  responsible for substance abuse treatment; and
  `(4) prepare and submit an application in accordance with subsection (c).
  `(c) APPLICATION-
  `(1) IN GENERAL- To be eligible to receive a grant under this section an
  entity shall submit an application to the Director at such time, in such
  manner, and containing such information as the Director shall require.
  `(2) COORDINATED APPLICATIONS- State agencies that are responsible for
  substance abuse treatment may submit coordinated grant applications on
  behalf of entities that are eligible for grants pursuant to subsection (b).
  `(d) PREVENTION PROGRAMS-
  `(1) IN GENERAL- Each entity receiving a grant under this section may use
  a portion of such grant funds to further community-based substance abuse
  prevention activities.
  `(2) REGULATIONS- The Director, in consultation with the Director of
  the Office of Substance Abuse Prevention, shall promulgate regulations
  regarding the activities described in paragraph (1).
  `(e) SPECIAL CONSIDERATION- In awarding grants under this section the
  Director shall give priority to--
  `(1) projects sponsored by rural hospitals that are qualified to receive
  rural health care transition grants as provided for in section 4005(e)
  of the Omnibus Budget Reconciliation Act of 1987;
  `(2) projects serving nonmetropolitan areas that establish links and
  coordinate activities between hospitals, community health centers, community
  mental health centers, and substance abuse treatment centers; and
  `(3) projects that are designed to serve areas that have no available
  existing treatment facilities.
  `(f) DURATION- Grants awarded under subsection (a) shall be for a period
  not to exceed 3 years, except that the Director may establish a procedure
  for renewal of grants under subsection (a).
  `(g) GEOGRAPHIC DISTRIBUTION- To the extent practicable, the Director
  shall provide grants to fund at least one project in each State.
  `(h) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out this
  section there are authorized to be appropriated $25,000,000 for each of
  the fiscal years 1991 and 1992.'.
SEC. 2205. CLEARINGHOUSE PROGRAM.
  Section 509 of the Public Health Service Act (42 U.S.C. 290aa-7) is amended--
  (1) in paragraph (3), by striking out `and' at the end thereof;
  (2) in paragraph (4), by striking out the period; and
  (3) by adding at the end thereof the following new paragraphs--
  `(5) to gather information pertaining to rural drug abuse treatment and
  education projects funded by the Alcohol, Drug Abuse, and Mental Health
  Administration, as well as other such projects operating throughout the
  United States; and
  `(6) to disseminate such information to rural hospitals, community health
  centers, community mental health centers, treatment facilities, community
  organizations, and other interested individuals.'.
SEC. 2206. PROGRAM FOR REDUCTION OF WAITING PERIOD FOR DRUG ABUSE TREATMENT.
  (a) ADMINISTRATOR OF PROGRAM- Section 509E(a) of the Public Health Service
  Act (42 U.S.C. 290aa-12(a)) is amended by striking out `the Administrator'
  and inserting in lieu thereof `the Director of the Office for Treatment
  Improvement'.
  (b) IMPROVEMENT OF PROGRAM- Section 509E of such Act (42 U.S.C. 290aa-12)
  is amended--
  (1) by striking out subsection (d);
  (2) by redesignating subsection (c) as subsection (d);
  (3) by inserting after subsection (b) the following new subsection:
  `(c)(1) In awarding grants under subsection (a), the Secretary shall give
  priority to applicants that provide, directly or through arrangements with
  public and nonprofit entities--
  `(A) drug treatment services to pregnant and postpartum women; or
  `(B) after-care services to prevent renewed substance abuse by individuals
  who have received treatment services by a substance abuse program assisted
  under this section.
  `(2) Each recipient of a grant under subsection (a) shall not expend in
  excess of 50 percent of such grant to develop and provide the services
  described in paragraph (1).'; and
  (4) in subsection (e)--
  (A) by redesignating paragraph (3) as paragraph (4);
  (B) by striking out `and' at the end of paragraph (2); and
  (C) by inserting after paragraph (2) the following new paragraph:
  `(3) an agency of the State in which the applicant is located certifies
  that the applicant has complied with the provisions of subsection (b); and'.
  (c) FUNDING- Section 509E(f) of such Act (42 U.S.C. 290aa-12(f)) is amended--
  (1) in paragraph (1), by striking out `$100,000,000.' and inserting in
  lieu thereof `$140,000,000.'; and
  (2) in paragraph (3), by striking out `$100,000,000' and inserting in lieu
  thereof `$140,000,000'.
  (d) REPORT- Not later than 6 months after the date of enactment of this
  Act, the Administrator of the Alcohol, Drug Abuse, and Mental Health
  Administration shall prepare and submit, to the Committee on Labor and
  Human Resources of the Senate and the Committee on Energy and Commerce
  of the House of Representatives, a report concerning the waiting period
  reduction grant program under section 509E of the Public Health Services
  Act (42 U.S.C. 290aa-12). Such report shall include--
  (1) a list and description of the programs that have been awarded grants
  under this section;
  (2) a description of the process by which funds awarded under such section
  are expended for treatment services, including a description of the process
  by which grantees obligate the `draw-down' funds under such section;
  (3) an assessment of the validity of waiting lists as a measure of
  treatment need and, if the report concludes that waiting lists are not
  the most accurate measure of treatment need, a description of other,
  more accurate means of measuring treatment need;
  (4) the views of State, local and nongovernmental treatment experts with
  respect to--
  (A) the validity of waiting lists as a measure of treatment need; and
  (B) the efficacy of the waiting period reduction grant program; and
  (5) any other information that the Administrator deems to be necessary to
  a thorough appraisal of the efficacy of the program under such section.
SEC. 2207. PROGRAM FOR DRUG ABUSE PROJECTS OF NATIONAL SIGNIFICANCE.
  Section 509G of the Public Health Service Act (42 U.S.C. 290aa-14)
  is amended--
  (1) in subsection (a)(1)--
  (A) in the matter preceding subparagraph (A), by striking out `the
  Administrator' and inserting in lieu thereof `the Director of the National
  Institute on Drug Abuse'; and
  (B)(i) by inserting `and' at the end of subparagraph (A);
  (ii) by striking out `; and' at the end of subparagraph (B) and inserting
  in lieu thereof a period; and
  (iii) by striking out subparagraph (C);
  (2) in subsection (a)(2), by inserting `a' before `result';
  (3) in subsection (b)(1)--
  (A) by inserting after `Secretary' the following: `, acting through the
  Director of the Office for Treatment Improvement,';
  (B) by striking out `States' the first place such term appears and inserting
  in lieu thereof `States and other public or nonprofit private entities'; and
  (C) by striking out `States' the second place such term appears and
  inserting in lieu thereof `such entities'; and
  (4) in subsection (b)(4), by striking out `State' and inserting in lieu
  thereof `public or nonprofit private entity'; and
  (5) in paragraph (1) of subsection (c) to read as follows:
  `(1) For the purpose of carrying out this section, there are authorized
  to be appropriated $80,000,000 for each of the fiscal years 1991 and 1992.'.
CHAPTER 2--DRUG TREATMENT IN PRISON
SEC. 2211. FINDINGS.
  Congress finds that--
  (1) the Federal Bureau of Prisons estimates that 42 percent of all incoming
  Federal prisoners abuse drugs or alcohol;
  (2) the number of separate unit inpatient drug treatment programs in
  Federal prisons has declined from 21 in 1978 to 4 today;
  (3) 43 percent of Federal prisoners are rearrested within 3 years of release;
  (4) offenders who continue to use drugs after release from prison are more
  likely to resume criminal activities than those who do not; and
  (5) overcrowding in Federal prisons has reached such crisis proportions
  that in June 1989, Federal prisons housed 54,718 inmates, 77 percent above
  their capacity of 31,000.
SEC. 2212. AUTHORIZATION OF APPROPRIATIONS FOR TREATMENT SERVICES.
  (a) IN GENERAL- There are authorized to be appropriated to the Federal Prison
  System $15,000,000 for fiscal year 1991, and such sums as may be necessary
  for each of the fiscal years 1992 and 1993. Such appropriation shall be
  in addition to any appropriations provided in regular appropriations Acts
  or continuing resolutions for the fiscal year ending September 30, 1991.
  (b) USES OF APPROPRIATION- The additional appropriation authorized by
  subsection (a) shall be used--
  (1) to provide high intensity inpatient substance abuse treatment services
  to drug dependent offenders;
  (2) to train appropriate prison employees in the diagnosis and treatment
  of drug and alcohol addiction;
  (3) to hire psychologists and substance abuse counselors to serve drug
  dependent offenders;
  (4) to enter into contracts with qualified community substance abuse
  treatment providers to offer inmates treatment services; and
  (5) to ensure intensive supervision of drug dependent offenders while they
  are on parole or supervised release, including urine drug testing.
  (c) SEPARATION OF INMATES- The Bureau of Prisons shall, to the greatest
  extent possible, separate drug dependent offenders undergoing treatment
  from the general prison population and avoid returning such offenders to
  the general prison population after the completion of the treatment program.
SEC. 2213. GRANTS FOR DRUG TREATMENT IN THE CRIMINAL JUSTICE SYSTEM.
  Part A of title V of the Public Health Service Act (42 U.S.C. 290aa et
  seq) (as amended by section 2204) is further amended by adding at the end
  thereof the following new section:
`SEC. 509I. GRANTS FOR DRUG TREATMENT IN THE CRIMINAL JUSTICE SYSTEM.
  `(a) PROGRAM ESTABLISHED- The Director of the Office for Treatment
  Improvement (hereinafter referred to in this section as the `Director')
  shall establish a program to provide grants to public and nonprofit private
  entities that provide drug treatment services to individuals under criminal
  justice supervision.
  `(b) ELIGIBILITY- In awarding grants under subsection (a), the Director
  shall ensure that the grants are reasonably distributed among projects
  that provide treatment services to individuals who are--
  `(1) incarcerated in prisons, jails or community correctional settings; or
  `(2) not incarcerated but under criminal justice supervision because of
  their status as pre-trial releases, post-trial releases, probationers,
  parolees, or supervised releases.
  `(c) PRIORITY- In awarding grants under subsection (a), the Director shall
  give priority to programs that provide--
  `(1) a continuum of services for offenders as they proceed through and
  out of the criminal justice system;
  `(2) referrals to treatment programs in the community for individuals soon
  to be released from incarceration;
  `(3) treatment services for juvenile offenders;
  `(4) treatment services for female offenders;
  `(5) outreach services to identify individuals under criminal justice
  supervision who would benefit from drug treatment and to encourage such
  individuals to seek treatment; or
  `(6) treatment services that function as an alternative to incarceration for
  appropriate categories of offenders or that otherwise enable individuals
  to remain under criminal justice supervision in the least restrictive
  setting consistent with public safety.
  `(d) APPLICATION- 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; and
  `(2) the application is in such form, is made in such manner, and contains
  such agreements, assurances, and information as the Secretary determines
  necessary to carry out this section.
  `(e) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out this
  section, there are authorized to be appropriated $25,000,000 for each of
  the fiscal years 1991 and 1992.'.
SEC. 2214. SPECIAL SUPERVISED RELEASE FOR DRUG DEPENDENT OFFENDERS.
  (a) IN GENERAL- Section 3583 of title 18, United States Code, is amended
  by adding at the end thereof the following:
  `(h) EARLY SUPERVISED RELEASE FOR QUALIFIED DRUG DEPENDENT OFFENDERS-
  (1) In the case of a qualified drug dependent offender, the sentencing
  court may modify the term of imprisonment pursuant to section 3582(c) by
  allowing the defendant to be released from incarceration not more than one
  year earlier than otherwise scheduled. For the purpose of this subsection,
  the release date otherwise scheduled shall be computed by subtracting
  from the original period of incarceration the amount of good time earned
  pursuant to section 3624 up to the time the early release would take effect.
  `(2) If the court reduces the period of incarceration pursuant to this
  subsection, the court shall also impose a period of supervised release
  equal to the length of the reduction, or in the event that a period of
  supervised release was previously ordered, it shall extend the period
  of supervised release by a period equal to the length of the reduction,
  notwithstanding the maximum term of supervised release otherwise provided
  in this title. Such periods of supervised release, or extended periods
  of supervised release, shall be subject to all of the conditions and
  procedures set forth in this section. For the purpose of the subsection,
  the length of the reduction in sentence shall be the period between the
  date of early release under this subsection and the otherwise scheduled
  release date as defined in paragraph (1).
  `(3) To qualify for early supervised release under this subsection, a drug
  dependent offender--
  `(A) shall have been continuously incarcerated in a Federal correctional
  institution for no less than three-fourths of the time the offender was
  originally scheduled to serve prior to becoming eligible for supervised
  release, assuming the usual credit for good time pursuant to section 3624;
  `(B) shall not have been convicted of homicide, attempted homicide,
  kidnapping, assault with a deadly weapon, espionage, or aggravated sexual
  abuse;
  `(C) shall not have been sentenced to life in prison;
  `(D) shall have successfully completed, while incarcerated, a program of
  substance abuse treatment approved for these purposes by the Director of
  the Federal Prison System; and
  `(E) after successfully completing treatment, shall have received approval
  for early supervised release from the sentencing judge acting upon the
  recommendation of the individual responsible for administering substance
  abuse treatment programs in the facility in which the offender has been
  incarcerated.
  `(4) Upon release, and for a period of 6 months after release or for the
  entire term of supervised release, whichever is less, the drug dependent
  offender shall reside in a half-way house in which intensive counseling
  and supervision is available.
  `(5) Upon release, and for a period of 1 year after release, or for the
  entire term of supervised release, whichever is less, the drug dependent
  offender shall, in addition to fulfilling the other requirements of
  supervised release ordered by the court under this section--
  `(A) submit to periodic urine drug testing at least once every 60 days;
  `(B) regularly attend meetings of support groups such as Narcotics Anonymous,
  Alcoholics Anonymous, and Cocaine Anonymous; and
  `(C) participate in an outpatient substance abuse counseling program.
  `(6) Notwithstanding any other provisions of this section, if the drug
  dependent offender tests positive for illegal use of controlled substances
  on 2 separate urine drug tests taken at least 3 weeks apart, the court
  shall revoke the term of supervised release and require the offender to
  serve all or part of the term of supervised release in prison, without
  credit for time previously served on post-release supervision.
  `(7) A drug test administered under this subsection shall be administered
  in accordance with the procedures set forth in section 3608 of this title.'.
  (b) ORDER OF SUPERVISED RELEASE- Section 3582(c) of title 18 of the United
  States Code is amended by--
  (1) striking `and' after the semicolon in paragraph (1);
  (2) striking the period at the end of paragraph (2) and inserting `;
  and'; and
  (3) adding at the end thereof the following:
  `(3) in the case of a qualified drug dependent offender, the court may
  order supervised release up to 1 year prior to the previously scheduled
  date of release as provided by section 3583(h).'.
  (c) EFFECTIVE DATE- The amendments made by this section shall become
  effective January 1, 1990.
Subtitle D--Substance Abuse Treatment Services Under Medicaid
SEC. 2301. SUBSTANCE ABUSE TREATMENT SERVICES UNDER MEDICAID.
  (a) PURPOSE OF TITLE XIX- Section 1901 of the Social Security Act is
  amended by striking out `and' before the number `(2)', and inserting after
  `self-care,' the following: `and (3) at State option, substance abuse
  treatment services so that treatment on request may be provided to all
  individuals eligible for assistance under this title (A) who desire to rid
  themselves of substance abuse problems, and (B) whose income and resources
  are insufficient to meet the cost of such treatment,'.
  (b) SUBSTANCE ABUSE TREATMENT SERVICES- Title XIX of the Social Security
  Act is amended by adding at the end thereof the following new section:
`SEC. 1927. SUBSTANCE ABUSE TREATMENT SERVICES.
  `(a) INCLUSION IN STATE PLAN- At the option of the State, the State plan
  for medical assistance described in section 1902(a) may include as medical
  assistance, substance abuse treatment services and related case management
  services (described in subsection (b)) provided under the plan to all
  individuals eligible for assistance under this title who desire to rid
  themselves of their substance abuse problems.
  `(b) DEFINITIONS- As used in this section:
  `(1) SUBSTANCE ABUSE TREATMENT SERVICES- The term `substance abuse treatment
  services' includes--
  `(A) inpatient substance abuse treatment services, including counseling,
  that are provided in a hospital (or distinct part thereof) or other entity if
  such entity is legally authorized to provide such treatment under State law;
  `(B) outpatient substance abuse treatment services, including counseling,
  that are provided by a hospital (or distinct part thereof) or other entity
  if such entity is legally authorized to provide such treatment under State
  law; and
  `(C) substance abuse treatment services, including counseling, that are
  provided in a residential substance abuse treatment center or other entity if
  such entity is legally authorized to provide such treatment under State law.
  `(2) CASE MANAGEMENT SERVICES- The term `case management services' means
  services that will assist individuals eligible under the plan in gaining
  access to needed medical, social, educational, and other services.'.
  (c) EFFECTIVE DATE- The amendments made by this section shall become
  effective on October 1, 1991.
TITLE III--EDUCATION AND PREVENTION
SEC. 3000. TABLE OF CONTENTS.
  The table of contents for this title is as follows:
TITLE III--EDUCATION AND PREVENTION
Sec. 3000. Table of contents.
Subtitle A--Comprehensive Drug Education
Sec. 3001. Findings and purpose.
Sec. 3002. Reauthorization of Drug Free Schools and Communities Act.
Sec. 3003. Drug Free Schools and Communities Act.
Sec. 3004. Anti-drug lesson plans.
Sec. 3005. Drug abuse resistance education program.
Subtitle B--Prevention
Sec. 3101. Comprehensive drug prevention programs.
Sec. 3102. Substance abuse prevention training.
Sec. 3103. National drug prevention corps.
Sec. 3104. Partnership with the motion picture and television industries.
Sec. 3105. Antitrust law exemptions.
Sec. 3106. Drug-free workplace initiative for the private sector.
Sec. 3107. Drug-free workplace requirements.
Subtitle A--Comprehensive Drug Education
SEC. 3001. FINDINGS AND PURPOSE.
  (a) FINDINGS- Congress finds that--
  (1) while 54 percent of the high school seniors have used an illicit drug
  by the time they graduate, the percentage of students using drugs by the
  sixth grade has tripled since 1975;
  (2) the National high school survey shows that even though an increasing
  number of students report that cocaine is readily available, a 64 percent
  increase in the perceived harmfulness of cocaine use among high school
  students has led to a 49 percent decrease in cocaine use among these
  students;
  (3) drug education is needed in every grade in every school;
  (4) the Drug Free Schools and Communities Act Amendments of 1989 condition
  the receipt of all Federal funds by a local education agency on the
  implementation of a drug prevention program for all grades;
  (5) current funding for school-based drug education and prevention programs
  is inadequate and effective school-based prevention programs necessitate
  a comprehensive approach;
  (6) project STAR (Students Taught Awareness and Resistance) in Kansas City
  focuses on children in grades 6-9 and encourages them to avoid cigarettes,
  alcohol, and marijuana; and
  (7) project STAR credits its success to the comprehensive approach of such
  project which involves in-school programs that deal with peer pressure
  and assertiveness training, family programs, and community and media
  participation.
  (b) PURPOSE- The purpose of this subtitle is to--
  (1) reauthorize the Drug Free Schools and Communities Act; and
  (2) to establish a grant program to enable schools to implement comprehensive
  drug education programs.
SEC. 3002. REAUTHORIZATION OF DRUG FREE SCHOOLS AND COMMUNITIES ACT.
  Section 5111(a) of the Drug Free Schools and Communities Act of 1986
  (20 U.S.C. 3181) is amended by striking out `and such sums' and all that
  follows through the period and inserting in lieu thereof `$1,200,000,000
  for fiscal years 1991 and 1992, and such sums as may be necessary for
  fiscal year 1993.'.
SEC. 3003. DRUG FREE SCHOOLS AND COMMUNITIES ACT.
  Part B of the Drug Free Schools and Communities Act of 1986 (20 U.S.C. 3191)
  is amended by adding at the end thereof the following new section:
`SEC. 5128. COMPREHENSIVE DRUG EDUCATION.
  `(a) ESTABLISHMENT- The Secretary shall establish and administer a model
  grant program to provide grants to individual schools, consortia of schools,
  or consortia of schools and institutions to implement comprehensive drug
  education programs, that shall include--
  `(1) the establishment of an anti-drug policy;
  `(2) the establishment and implementation of peer-to-peer programs that
  allow children to talk about handling pressures to use and sell drugs or
  to realize that such children may need counseling or treatment;
  `(3) the provision of current medical and scientific information concerning
  the impact of drugs on our bodies and society;
  `(4) the designation of a teacher to serve as the school chairperson of
  the drug education program who shall be responsible for implementing the
  program, including training the other teachers; and
  `(5) family and community involvement in drug prevention.
  `(b) APPLICATION-
  `(1) CONTENTS- To be eligible to receive a grant under this section, a
  entity of the type described in subsection (a) shall prepare and submit an
  application to the Secretary at such time, in such manner, and containing
  such information as the Secretary may require by rule, including--
  `(A) a description of the manner in which the teacher will be selected
  to serve as chairperson of the drug education program established under
  the grant;
  `(B) a description of the amount of time each day, expressed as a percentage,
  the teacher chairperson day shall devote to the drug education program
  and the estimated salary of such teacher; and
  `(C) any other information determined appropriate by the Secretary.
  `(2) REVIEW-
  `(A) BY LOCAL AGENCY- Each application submitted under this subsection shall
  be reviewed by the appropriate local education agency which shall act as the
  fiscal agent in administering a grant awarded to a school under this section.
  `(B) BY STATE EDUCATIONAL AGENCY- Each application submitted under this
  subsection shall be forwarded to the appropriate State educational agency
  for review and comment, if the State educational agency requests the
  opportunity for review. The State educational agency shall complete its
  review of the application and comment to the Secretary not later than 30
  calendar days after the receipt of such application.
  `(3) ELIGIBLE SCHOOLS- Public and private schools that serve students
  in any of grades kindergarten through 12 are eligible to receive a grant
  under this section.
  `(4) SPECIAL RULES-
  `(A) SUPPLEMENTING OF RESOURCES- Federal funds awarded under this section
  shall supplement, not supplant, other resources available to the grantee.
  `(B) MINIMUM AMOUNT- Grants made under this section to a single school
  shall not be less than an amount equal to the sum of 20 percent of the
  estimated salary of the teacher chairperson in addition to $22 per student
  enrolled in such school, not to exceed 600 students.
  `(c) USE OF ALLOTMENTS- An entity shall use amounts received under this
  section to implement a comprehensive drug education program through the
  designation of a teacher to serve as the chairperson of the drug education
  program within a school. Such chairperson shall--
  `(1) be trained at one of the regional training centers of the Department
  of Education, and train other teachers and administrators at the school
  of such individual to--
  `(A) recognize the signs and symptoms of substance abuse;
  `(B) know their role in reporting substance abuse; and
  `(C) become familiar with prevention and education resources, including
  the use of anti-drug messages in courses of basic study;
  `(2) oversee the design and implementation of drug prevention programs for
  each grade, including the selection of any materials the school would need
  to purchase;
  `(3) coordinate the school-based program with community and family
  activities; and
  `(4) not later than September 1, 1991, have a comprehensive drug education
  program in place at the school of such individual.
  `(d) GRANTS-
  `(1) IN GENERAL- The Secretary shall make payments under grants awarded
  under this section to entities of the type described in subsection (a),
  in installments, and in advance or, by way of reimbursement, with necessary
  adjustments on account of overpayments or underpayments, as the Secretary
  may determine appropriate.
  `(2) SPENDING OF PAYMENTS- Payments to an entity under paragraph (1) for
  any fiscal year must be expended by such entity in that fiscal year or in
  the succeeding fiscal year.
  `(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to make grants under this section, $150,000,000 for fiscal year 1991.'.
SEC. 3004. ANTI-DRUG LESSON PLANS.
  (a) IN GENERAL- The Secretary of Education, acting through the National
  Diffusion Network established under section 1562 of the Elementary
  and Secondary Education Act of 1965 (20 U.S.C. 2962) shall design and
  distribute anti-drug lesson plans, for use in classes of basic study,
  to the chief educational officer of each State who shall make such plan
  available to schools within such State.
  (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to carry out this section, $50,000 for fiscal year 1991.
SEC. 3005. DRUG ABUSE RESISTANCE EDUCATION PROGRAM.
  (a) FINDINGS- Congress finds that--
  (1) the Drug Abuse Resistance Education program (known as `DARE') is a
  successful classroom program implemented for students in the fifth and
  sixth grades;
  (2) DARE was developed in Los Angeles by Police Chief Daryl Gates and the
  Los Angeles School District and is presently being utilized in 48 States,
  reaching over 3,000,000 children annually;
  (3) DARE sends specially trained police officers into classrooms once a
  week for 17 consecutive weeks in a semester, where such officers teach
  students resistance skills through lessons that involve understanding
  alcohol and drug use, making decisions resisting peer pressure, and
  alternative activities for youth; and
  (4) although DARE has been a leader in teaching resistance skills to
  children, similar programs can be found in schools that have already taken
  positive steps to preventing drug abuse.
  (b) SECRETARY OF EDUCATION- The Secretary of Education shall expand
  existing programs at the Department of Education to provide schools with
  greater access to DARE and other programs that teach resistance skills
  and assertiveness training to children in grades kindergarten through 12.
  (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  $10,000,000 in fiscal year 1991 for expansion of the DARE program or
  other such programs described under subsection (b). Programs that offer
  resistance and assertiveness training other than DARE are eligible to
  compete for such additional funding.
Subtitle B--Prevention
SEC. 3101. COMPREHENSIVE DRUG PREVENTION PROGRAMS.
  Part A of title V of the Public Health Service Act (32 U.S.C. 290aa et
  seq.) (as amended by sections 2101, 2101, and 2205) is further amended by
  adding at the end thereof the following new section:
`SEC. 509K. COMMUNITY DRUG EDUCATION PROGRAMS.
  `(a) FINDINGS AND PURPOSE-
  `(1) FINDINGS- Congress finds that--
  `(A) successful drug education programs go beyond the classroom setting; and
  `(B) through the Drug-Free Schools and Communities project in Orange County,
  California, teachers have identified and coordinated existing resources
  in schools and communities, including law enforcement, libraries, and
  hospitals to provide--
  `(i) training for teachers;
  `(ii) attractive information to students; and
  `(iii) an entire network of education and prevention programs.
  `(2) PURPOSE- The purpose of this section is to provide resources
  that encourage a comprehensive approach to community drug prevention by
  involving families, business leaders, police, churches, and other aspects
  of the community.
  `(b) ESTABLISHMENT- The Secretary, acting through the Director of the
  Office for Substance Abuse Prevention, shall establish a comprehensive
  approach drug prevention grant program to make grants to entities for drug
  prevention programs that use a comprehensive approach.
  `(c) ELIGIBLE INSTITUTIONS- To be eligible to receive a grant under this
  section, an institution shall establish or expand a drug prevention program
  to be comprehensive in nature, and to include--
  `(1) an anti-drug policy;
  `(2) peer to peer drug abuse programs;
  `(3) the provision of complete and accurate information concerning drugs;
  `(4) the involvement of the family and community; and
  `(5) the participation of the institution in a communication system
  established by the institution or a coalition of institutions that such
  institution operates in for the purpose of sharing drug prevention and
  education information with local agencies.
  `(d) DEFINITION- As used in this section the term `institution' means any
  public or private non-profit organization or government agency that agrees
  to include implement comprehensive drug prevention programs in accordance
  with subsection (c).
  `(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to make grants under this section, $155,000,000 in fiscal year 1991.'.
SEC. 3102. SUBSTANCE ABUSE PREVENTION TRAINING.
  Part A of title V of the Public Health Service Act (42 U.S.C. 290aa et seq)
  (as amended by sections 2204 and 2213) is further amended by adding at
  the end thereof the following new section:
`SEC. 509J. SUBSTANCE ABUSE PREVENTION TRAINING.
  `(a) ESTABLISHMENT- The Secretary, acting through the Director of the
  Office, shall establish a National Substance Abuse Prevention Training
  Program (hereinafter in this section referred to as the `Program').
  `(b) PROGRAM DIRECTOR- The Program shall be headed by a Director who has
  extensive experience in substance abuse prevention (hereinafter in this
  section referred to as the `Program Director').
  `(c) DUTIES- The Program Director shall--
  `(1) develop a substance abuse prevention training curriculum for community
  groups in organizational development, program operation, prevention concepts,
  and models;
  `(2) provide technical assistance and support for community training on
  substance abuse prevention, including organizing the community, developing
  skills, and establishing program goals;
  `(3) develop specific training modules for problem areas such as substance
  abuse, teen pregnancy, and acquired immune deficiency syndrome and for
  professional groups that work with children and adolescents, such as
  juvenile court judges, pediatricians, coaches, and counselors;
  `(4) provide substance abuse prevention outreach and support to communities
  with substantial minority populations through workshops and collaborative
  initiatives with organizations serving such populations;
  `(5) disseminate successful curricula and training practices in substance
  abuse prevention in communities through involvement with parents, civic
  groups, members of the business community, clergy, law enforcement
  representatives, and community leaders; and
  `(6) evaluate the appropriateness and effectiveness of substance abuse
  prevention training.
  `(d) GRANT PROGRAM- The Secretary, acting through the Director of the Office,
  shall make grants to States, local agencies, and community organizations to--
  `(1) provide substance abuse prevention training to representatives of
  such organizations and agencies;
  `(2) provide substance abuse prevention training to parents, teachers,
  clergy, the business community, and civic groups;
  `(3) coordinate with other community resources and programs; and
  `(4) provide specialized training programs for professional groups that
  work with children and adolescents, or that are targeted to specific
  population groups.
  `(e) AUTHORIZATION- There are authorized to be appropriated to carry out
  this section $30,000,000 for each of the fiscal years 1991 and 1992, of
  which at least 50 percent shall be used to carry out the provisions of
  subsection (d).'.
SEC. 3103. NATIONAL DRUG PREVENTION CORPS.
  (a) ESTABLISHMENT- The Secretary of Health and Human Services, in
  consultation with the Secretary of Education, the Secretary of Labor and
  the Director of the Office of the President's National Service Initiative,
  shall establish a National Drug Prevention Corps.
  (b) FUNCTIONS- The Corps established under subsection (a) shall mobilize
  student volunteers through the formation of organizations on the campuses
  of institutions of higher education to provide information to the local
  community concerning the cost to society of drug use.
  (c) MISSION STATEMENT- Each student organization formed under subsection (b)
  shall register a mission statement with the President's National Service
  Initiative and upon such the organization will receive $1,000 from the
  Initiative to fund the initial anti-drug interaction of the members of
  the organization with the youth that reside in the community.
  (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to establish the Corps under subsection (a), $10,000,000 for fiscal year
  1991 and additional amounts otherwise appropriated for the President's
  National Service Initiative.
SEC. 3104. PARTNERSHIP WITH THE MOTION PICTURE AND TELEVISION INDUSTRIES.
  (a) FINDINGS- Congress finds that--
  (1) the motion picture and television industries should become full partners
  in the fight against drug abuse;
  (2) the motion picture and television industries have creative and talented
  writers, directors and producers who have created popular characters like
  Roger Rabbitt, Indiana Jones, Ghostsbusters, and Alf; and
  (3) the Academy of Television Arts and Sciences, independent television
  stations, and the Disney and McDonald's Corporation are together involved
  in a project that has coordinated the production of `Cartoon All-Stars to
  the Rescue' which is a half-hour animated television program, that targets
  children ages 5-11 with a strong anti-drug message.
  (b)  ESTABLISHMENT OF PROGRAM TO PRODUCE POPULAR ANTI-DRUG CHILDRENS
  PROGRAMS- The Director of the Office of National Drug Control Policy shall
  provide the resources necessary to assist members of the motion picture and
  television industries in the production of programs that carry anti-drug
  messages, and specifically those that are popular among children.
  (c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
  to the Director of the Office of National Control Policy $10,000,000 to
  carry out subsection (b).
SEC. 3105. ANTITRUST LAW EXEMPTIONS.
  (a) ADMINISTRATION-
  (1) IN GENERAL- Actions described in subsection (b) shall be exempt from
  the antitrust laws of the United States.
  (2) DEFINITIONS- For purposes of this section:
  (A) ANTITRUST LAWS- The term `antitrust laws' has the meaning given such
  term in the first section of the Clayton Act (15 U.S.C. 12), and shall
  also include section 5 of the Federal Trade Commission Act (15 U.S.C. 45).
  (B) PERSON IN THE TELEVISION INDUSTRY- The term `person in the television
  industry' means a television network, any entity that produces programming
  for television distribution, including theatrical motion pictures, the
  National Cable Television Association, the Association of Independent
  Television Stations, Inc., the National Association of Broadcasters,
  the Motion Picture Association of America, and each of the affiliate
  organizations of the networks, and shall include any individual acting on
  behalf of such person.
  (C) TELECAST- The term `telecast' means any program broadcast by a television
  broadcast station or transmitted by a cable television system.
  (b) EXEMPTION- The antitrust laws shall not apply to any joint discussion,
  consideration, review, action, or agreement by or among persons in the
  television industry for the purpose of, and limited to, developing and
  disseminating voluntary guidelines designed to alleviate any negative
  impact of illegal drug use in telecast material.
  (c) LIMITATIONS-
  (1) BOYCOTT- The exemption provided in subsection (b) shall not apply to
  any joint discussion, consideration, review, action, or agreement that
  results in a boycott of any person.
  (2) EFFECTIVE PERIOD- The exemption provided in subsection (b) shall apply
  only to activities conducted within 36 months after the date of enactment
  of this section.
SEC. 3106. DRUG FREE WORKPLACE INITIATIVE FOR THE PRIVATE SECTOR.
  (a) FINDINGS- Congress finds that--
  (1) the Corporation Against Drug Abuse, a Virginia-based non-profit
  corporation, was created to identify model drug abuse programs for local
  businesses and to pool technical and financial resources to provide such
  programs;
  (2) the 21 chief executive officers involved in such Corporation concluded
  that drug abuse resulted in lost productivity, increased on the job
  accidents, and lower worker morale;
  (3) such chief executive officers concluded that fighting drug abuse was
  a common concern because the corporations headed by such officers were
  entering into the same community to recruit and hire future employees; and
  (4) such Corporation has identified effective prevention programs and
  continues to share information concerning effective drug abuse treatment
  programs, and pools information on legal issues that arise when implementing
  anti-drug programs in the workplace.
  (b) SENSE OF CONGRESS- It is the sense of Congress that--
  (1) all places of work should be drug free;
  (2) corporate America should take an active role in assisting employees with
  drug related problems, including problems related to parenting drug-involved
  or drug-exposed children;
  (3) employers should take the following steps to towards creating a drug
  free workplace--
  (A) establish a clear drug free policy, including published expectations
  of behavior, employee rights and responsibilities, and actions to be taken
  in response to an employee found to use illegal drugs;
  (B) establish an employee assistance plan for substance abusing employees;
  (C) train supervisors to identify and appropriately intervene with employees
  who are using drugs;
  (D) educate employees about the drug free policy and the assistance plan
  of the employer;
  (E) provide careful and appropriate methods of identifying employees who
  use drugs, including testing where appropriate; and
  (F) provide information concerning drug use among children and information
  necessary for parents of drug-involved and drug-exposed children, including
  the warning signs for identifying drug use by children.
  (c) BUSINESS PARTICIPATION IN DRUG PREVENTION- The Secretary of Labor
  shall identify 100 major business regions in the United States and contact
  local chief executive officers in such regions to encourage such officers
  to develop in each region a Corporation Against Drug Abuse program that
  shall be modeled after the Corporation described in subsection (a). Such
  Secretary shall provide each region identified under this subsection with
  $10,000 to assist such regional chief executive officers in coordinating
  the Corporation Against Drug Abuse program in each region.
  (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  such sums as may be necessary to carry out subsection (c).
SEC. 3107. DRUG-FREE WORKPLACE REQUIREMENTS.
  (a) FEDERAL CONTRACTORS- Section 5152(a)(1)(B) of the Drug-Free Workplace
  Act of 1988 (41 U.S.C. 701(a)(1)(B)) is amended--
  (1) in clause (iii), by striking out `and' at the end thereof;
  (2) in clause (iv), by adding `and' after the semicolon; and
  (3) by adding at the end thereof the following new clause:
  `(v) the dangers of drug abuse among children, including the information
  parents need to know to identify the early signs of drug use by children;'.
  (b) FEDERAL GRANT RECIPIENTS- Section 5153(a)(1)(B) of such Act (41
  U.S.C. 702(a)(1)(B)) is amended--
  (1) in clause (iii), by striking out `and' at the end thereof;
  (2) in clause (iv), by adding `and' after the semicolon; and
  (3) by adding at the end thereof the following new clause:
  `(v) the dangers of drug abuse among children, including the information
  parents need to know to identify the early signs of drug use by children;'.
TITLE IV--INTERNATIONAL
SEC. 4000. TABLE OF CONTENTS.
  The table of contents for this title is as follows:
TITLE IV--INTERNATIONAL
Sec. 4000. Table of contents.
Subtitle A--Assistance for Bolivia, Colombia, and Peru
Sec. 4101. Economic assistance for Bolivia, Colombia, and Peru.
Subtitle B--Economic Assistance
Sec. 4201. Authorization of appropriations.
Sec. 4202. Major coca-producing nations.
Sec. 4203. Emphasis on development assistance.
Sec. 4204. Waiver of Brooke-Alexander Amendment.
Sec. 4205. Waiver of Bumpers Amendment.
Sec. 4206. Multilateral financial institutions.
Subtitle C--Trade Incentives
Sec. 4301. Expansion of beneficiary nations under Caribbean Basin Economic
Recovery Act.
Sec. 4302. Availability of special trade treatment for certain countries that
reduce coca production or related illicit activities through implementation
of appropriate economic and social alternatives.
Sec. 4303. International Coffee Agreement.
Sec. 4304. Fruit and vegetable exports.
Sec. 4305. Miscellaneous provision.
Subtitle D--Debt-for-Drugs Exchange Act
Sec. 4401. Short title.
Sec. 4402. Findings.
Sec. 4403. Role of the United Nations fund for drug abuse control.
Sec. 4404. Agreement for debt-for-drug exchanges.
Sec. 4405. Government-to-government debt-for-drugs exchanges.
Sec. 4406. Multilateral debt.
Sec. 4407. Commitments from other creditor governments.
Sec. 4408. Waiver of existing law.
Sec. 4409. Definitions.
Subtitle E--Military and Law Enforcement
Sec. 4501. Military and law enforcement assistance.
Sec. 4502. Multilateral anti-narcotics forces.
Sec. 4503. Joint action and consultation.
Sec. 4504. Establishment of Foreign Service Corps in the Drug Enforcement
Administration.
Subtitle F--Controlling Precursor and Essential Chemicals
Sec. 4601. Controlling chemicals from Europe.
Sec. 4602. Research into anti-drug chemical additives.
Sec. 4603. Strengthening the Drug Enforcement Administration's Chemical
Control Program.
Subtitle G--International Currency Control Agency
Sec. 4701. Establishment of International Currency Control Agency.
Subtitle H--Narcotics-Related Terrorism
Sec. 4801. Assignment of United States antiterrorism personnel abroad.
Sec. 4802. Authorization of appropriations for aviation security.
Sec. 4803. Protection for judges and other public officials.
Subtitle A--Assistance for Bolivia, Colombia, and Peru
SEC. 4101. ECONOMIC ASSISTANCE FOR BOLIVIA, COLOMBIA, AND PERU.
  (a) AUTHORIZATION OF APPROPRIATIONS- (1) In addition to funds otherwise
  available for such purposes, there are authorized to be appropriated to the
  President to carry out chapter 1 of part I of the Foreign Assistance Act of
  1961 (22 U.S.C. 2151 and following; relating to development assistance)
  and chapter 4 of part II of that Act (22 U.S.C. 2346 and following;
  relating to the economic support fund) $125,000,000 for fiscal year 1990.
  (2) Funds appropriated pursuant to paragraph (1) are authorized to remain
  available until expended.
  (b) ASSISTANCE FOR BOLIVIA, COLOMBIA, AND PERU- The funds authorized to be
  appropriated by subsection (a) shall be made available only for assistance
  for Bolivia, Colombia, and Peru.
Subtitle B--Economic Assistance
SEC. 4201. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated to the President to carry out
  chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
  and following; relating to development assistance) and chapter 4 of part
  II of that Act (22 U.S.C. 2346 and following; relating to the economic
  support fund) $750,000,000 for fiscal years 1991 through 1993.
SEC. 4202. MAJOR COCA-PRODUCING NATIONS.
  The assistance authorized in section 4201 shall be made available only for
  a country which is a major illicit drug producing country (as defined in
  section 481(i)(2) of the Foreign Assistance Act of 1961) because of its
  coca production.
SEC. 4203. EMPHASIS ON DEVELOPMENT ASSISTANCE.
  It is the sense of the Congress that a majority of the assistance authorized
  in section 4201 should be allocated to carry out chapter 1 of part I of the
  Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; relating to
  development assistance). Particular attention should be paid to alternative
  development programs which are aimed at reducing the production of cocaine
  in the Andean region of South America.
SEC. 4204. WAIVER OF BROOKE-ALEXANDER AMENDMENT.
  During fiscal year 1991, section 620(q) of the Foreign Assistance Act of
  1961 (22 U.S.C. 2370(q)) shall not apply with respect to assistance for
  a country which is a major illicit drug producing country (as defined in
  section 481(i)(2) of the Foreign Assistance Act of 1961) because of its
  coca production.
SEC. 4205. WAIVER OF BUMPERS AMENDMENT.
  (a) During fiscal years 1991 through 1993, the provisions described
  in subsection (b) shall not apply with respect to assistance for crop
  substitution and alternative development activities undertaken in furtherance
  of narcotics control objectives.
  (b) The provisions made inapplicable by subsection (a) are any provisions
  of the annual Foreign Operations, Export Financing, and Related Programs
  Appropriations Act that prohibit the use of funds made available to carry out
  part I of the Foreign Assistance Act of 1961 for activities in connection
  with the growth or production in a foreign country of an agricultural
  commodity for export which would compete with a similar commodity grown
  or produced in the United States.
SEC. 4206. MULTILATERAL FINANCIAL INSTITUTIONS.
  It is the sense of the Congress that the Secretary of the Treasury shall
  instruct the United States executive directors of the International Bank
  for Reconstruction and Development, International Development Association,
  and Inter-American Development Bank to use the vote and influence of the
  United States in these institutions to promote development projects in
  the Andean region consistent with United States anti-narcotics objectives.
Subtitle C--Trade Incentives
SEC. 4301. EXPANSION OF BENEFICIARY NATIONS UNDER CARIBBEAN BASIN ECONOMIC
RECOVERY ACT.
  Notwithstanding any other provision of law, the President is authorized
  to designate Bolivia, Colombia, and Peru as a beneficiary country under
  the Caribbean Basin Economic Recovery Act.
SEC. 4302. AVAILABILITY OF SPECIAL TRADE TREATMENT FOR CERTAIN COUNTRIES THAT
REDUCE COCA PRODUCTION OR RELATED ILLICIT ACTIVITIES THROUGH IMPLEMENTATION
OF APPROPRIATE ECONOMIC AND SOCIAL ALTERNATIVES.
  (a) IN GENERAL- The President shall determine with respect to each year
  after 1989--
  (1) whether there was in Bolivia, Colombia, and Peru, respectively--
  (A) an acceptable reduction in the quantity of illicit coca produced in
  that country, or
  (B) a reduction in illicit coca-related activities in that country; and
  (2) whether any annual reduction determined under paragraph (1) (A) or
  (B) is attributable to the implementation of, in the country concerned,
  of appropriate social or economic alternatives.
  (b) TIME FOR DETERMINATIONS- The President shall make the determinations
  required under subsection (a) for any year before the 90th day following
  the close of that year.
  (c) GRANTING OF SPECIAL TRADE TREATMENT- If the President makes an
  affirmative determination under subsections (a) (1) and (2) for any year
  with respect to a country, the President, after consultation with the
  government of that country, may proclaim special trade treatment that is
  applicable to one or more articles that--
  (1) are products of that country; and
  (2) are entered, or withdrawn from warehouse for consumption, in the
  customs territory of the United States during the year following the year
  for which such determinations were made.
  (d) LIMITATION ON PROVISION OF SPECIAL TRADE TREATMENT- Special trade
  treatment may not be provided to any product of a country under this section
  during any period in which any action under section 802(a) of the Narcotics
  Control Trade Act (19 U.S.C. 2492(a)) is in force and effect with respect
  to that country.
  (e) DEFINITIONS- For purposes of this section:
  (1) The term `acceptable reduction' means, with respect to any year for
  which a determination is required under subsection (a)(1)(A), that the
  quantity of illicit coca produced in the country concerned during that year--
  (A) was less than the quantity of illicit coca produced in that country
  during the preceding year; or
  (B) if the standard in subparagraph (A) is not met, represented a reduction
  in the average rate of increase in the annual production of illicit coca
  in that country during the preceding years.
  (2) The term `appropriate social or economic alternatives' means programs
  and projects implemented on a local level that provide, or are intended to
  provide, income and employment alternatives to the production of illicit
  coca or to engaging in illicit coca-related activities. A program or project
  referred to in the preceding sentence may not be treated as an appropriate
  social or economic alternative unless basic social services are provided
  in the local area in which the program or project is being implemented.
  (3) The term `illicit coca-related activities' means local forms of
  economic activity that are required for, complementary to, or financed
  from the proceeds of, illicit coca production.
  (4) The term `special trade treatment' means any of the following:
  (A) The reduction or elimination of any duty.
  (B) The termination or modification of any quantitative limitation.
SEC. 4303. INTERNATIONAL COFFEE AGREEMENT.
  (a) FINDINGS- The Congress finds that--
  (1) the collapse of the International Coffee Agreement in July 1989,
  caused a dramatic drop in the world price of coffee;
  (2) this price collapse caused a significant loss of revenues for the
  Andean countries, undermining their national economies;
  (3) the collapse of the Agreement also damaged United States international
  drug policy, one of the goals of which is supporting the legal sectors of
  the Andean economies;
  (4) in particular, the collapse of the Agreement has affected Colombia,
  which is courageously waging total war on drug trafficking; and
  (5) Colombian President Virgilio Barco has requested President Bush to
  seek an interim reinstatement of the International Coffee Agreement.
  (b) SENSE OF CONGRESS- It is the sense of the Congress that President
  Bush should seek the immediate reinstatement of the International Coffee
  Agreement, pending negotiations on a new, comprehensive agreement which
  includes all world producers and consumer nations.
SEC. 4304. FRUIT AND VEGETABLE EXPORTS.
  (a) The Secretary of Agriculture shall provide, on an expedited basis, such
  technical assistance as necessary to develop United States phytosanitary
  standards for imports of fruits and vegetables into the United States from
  Bolivia, Colombia, or Peru.
  (b) AUTHORIZATION OF APPROPRIATION- There are authorized to be appropriated
  $1,000,000 to carry out the program authorized in subsection (a).
SEC. 4305. MISCELLANEOUS PROVISION.
  (a) Section 735 of the Tariff Act of 1930 (Public Law 71-361; 19
  U.S.C. 1673d) is amended--
  (1) by redesignating subsection (e) as subsection (f); and
  (2) by inserting after subsection (d) the following:
  `(e) PRESIDENTIAL WAIVER AUTHORITY- The President shall have the authority
  to reverse an affirmative determination if he determines it is in the
  national interest of the United States to do so.'.
Subtitle D--Debt-for-Drugs Exchange Act
SEC. 4401. SHORT TITLE.
  This subtitle may be cited as the `Debt-for-Drugs Exchange Act'.
SEC. 4402. FINDINGS.
  The Congress finds that--
  (1) narcotics production and trafficking are inextricably linked to the
  severe debt crisis in Latin America;
  (2) more than 90 percent of the world's supply of coca leaf is cultivated
  and processed in Bolivia, Colombia, and Peru;
  (3) the National Drug Control Strategy of September 5, 1989, proposes large
  increases in United States economic and military assistance to Bolivia,
  Colombia, and Peru;
  (4) Bolivia, Colombia, and Peru each has a large external debt burden that
  makes it difficult to finance anti-drug efforts;
  (5) by providing debt relief in exchange for anti-drug efforts by
  drug-producing countries, including Bolivia, Colombia, and Peru, the
  world's developed countries can simultaneously facilitate reduction of
  the burden of external indebtedness and increase the resources available
  for anti-drug efforts;
  (6) such heavily indebted countries may desire to facilitate such
  `debt-for-drugs exchanges' to the maximum extent consistent with sound
  domestic economic management and minimization of inflationary impact;
  (7) similar exchanges of `debt-for-nature' and `debt-for-equity' have
  been effected in the developing world with the encouragement of the United
  States Government;
  (8) the United States has provided relief on payments of bilateral debt
  for important allies in the Middle East and Europe, including Israel,
  Jordan, Spain, Pakistan, and Turkey; and
  (9) the International Narcotics Act of 1989 (P.L. 101-231) provided the
  President the authority to provide relief on government-to-government
  debt owed by eligible countries to the United States in exchange for
  implementation of programs aimed at reducing the flow of cocaine to the
  United States.
SEC. 4403. ROLE OF THE UNITED NATIONS FUND FOR DRUG ABUSE CONTROL.
  (a) UNFDAC PROGRAM- The United States representatives to the United
  Nations should use the voice and vote of the United States to propose
  the establishment within the United Nations Fund for Drug Abuse Control
  (hereafter in this subtitle referred to as `UNFDAC') of a program of
  debt-for-drugs exchanges whereby UNFDAC would be authorized to enter
  into agreements, subject to the terms and conditions of section 4404,
  with eligible countries whereby each such country would agree to specific
  measurements and goals for efforts to combat the international drug trade
  in exchange for--
  (1) the cancellation of up to 20 percent of its foreign commercial
  indebtedness, to be purchased by UNFDAC on the commercial secondary
  market; and
  (2) the commitment to cancel a specified amount of government-to-government
  indebtedness held by that country's creditor governments.
  (b) CONTRIBUTIONS AUTHORIZED- For purposes of carrying out subsection (a)(1),
  the Secretary of State is authorized, subject to subsection (c), to commit
  the United States to contribute to UNFDAC an amount equal to one-third of
  the amount required to purchase indebtedness under subsection (a)(1).
  (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary of State such sums as may be necessary to make contributions
  under subsection (b).
SEC. 4404. AGREEMENT FOR DEBT-FOR-DRUG EXCHANGES.
  Each agreement negotiated under the auspices of UNFDAC shall be subject
  to the following terms and conditions:
  (1) Debt-for-drugs exchanges will be based on the amount of debt assistance
  resources, as provided by the participating creditor governments in return
  for the degree of anti-drug efforts, as negotiated by UNFDAC and each
  participating country. In exchange for the cancellation or redemption of
  the debt of the government of the participating country, that country shall
  make a financial resource or policy commitment to take certain actions to
  combat the international drug trade, including efforts to--
  (A) reduce drug production and drug trafficking within its territory,
  including activities to promote illicit crop eradication and substitution;
  (B) increase drug interdiction and enforcement;
  (C) increase identification of and elimination of illicit drug trafficking
  airstrips;
  (D) increase seizures of coca leaf, cocaine HCL/base, and marijuana;
  (E) increase arrests of drug traffickers;
  (F) increase identification of and seizure of assets earned through illegal
  drug trafficking;
  (G) increase drug treatment programs;
  (H) increase the identification of and elimination of illicit drug
  laboratories;
  (I) increase the identification and elimination of the trafficking of
  precursor chemicals for the use in production of illegal drugs; and
  (J) promote alternative development activities which are aimed at attracting
  those involved in the production of cocaine into the legal economy.
  (2) Measurement of progress under paragraph (1) in a particular year
  should include--
  (A) measurement of--
  (i) the number of hectares of coca crop eradicated,
  (ii) the number of hectares under coca cultivation,
  (iii) the number of hectares of illicit coca crop replaced by legal
  crops, and
  (iv) the number of coca growers who switch to licit crop cultivation; and
  (B) any other measurements as agreed upon by the participating countries and
  UNFDAC with approval of two-thirds of the participating creditor governments.
  (3) The agreement will include provisions to reinstate debt obligations
  and release parties to the agreement from their commitments under that
  agreement, if after one year from the agreement date the terms of such
  agreement have not been fulfilled.
  (4) The agreement and the debt-for-drugs exchange will only take effect
  after two-thirds of the participating creditor governments making
  contributions to UNFDAC for this purpose have approved the terms of the
  agreement. Participating creditor governments will make their contributions
  and commitments known before negotiations on the agreements begin, and
  participating creditor governments will be bound by the two-thirds approval
  even if they remain in dissent.
  (5) An advisory role (non-voting representation in the UNFDAC and creditor
  governments negotiating groups) should be provided for representatives from
  the major multilateral economic institutions to ensure the debt-for-drugs
  exchanges would be in keeping with other ongoing debt reduction and economic
  reform measures.
SEC. 4405. GOVERNMENT-TO-GOVERNMENT DEBT-FOR-DRUGS EXCHANGES.
  (a) MORATORIUM ON DEBT REPAYMENT- The obligation of a participating country
  to make the first scheduled payment on indebtedness to the United States
  Government that would otherwise be due after the agreement date is hereby
  canceled.
  (b) REDUCTION OF DEBT OBLIGATIONS- (1) Subject to paragraph (2), on the
  date on which the second payment that would otherwise be due after the
  agreement date from a participating country on indebtedness to the United
  States Government, there shall be deducted from the total principal amount
  of indebtedness by that country to the United States Government an amount
  equal to the amount of face-value indebtedness which could have been
  purchased as of that date on the commercial secondary market with the
  amount of the payment that was forgiven under subsection (a).
  (2) Paragraph (1) shall not apply if the terms of the debt-for-drugs
  agreement described in section 4404 have not been met after one year.
  (c) BUDGET ACT COMPLIANCE- The authorities of subsections (a) and (b)
  shall be exercised only in such amounts and to such an extent as are
  provided in an appropriation Act.
SEC. 4406. MULTILATERAL DEBT.
  The Secretary of the Treasury shall instruct the United States executive
  directors of the International Bank for Reconstruction and Development,
  International Development Association, and Inter-American Development Bank--
  (1) to provide advice and assistance, as appropriate, to borrowing and
  lending country governments desiring to execute debt-for-drugs exchanges; and
  (2) to consider, as an important factor in making loans and negotiating
  payment schedules for borrowing governments of drug-producing countries,
  the history of compliance by such governments with, and the extent to
  which such governments have honored, agreements entered into as part of
  any debt-for-drugs exchange.
SEC. 4407. COMMITMENTS FROM OTHER CREDITOR GOVERNMENTS.
  The President, the Secretary of State, the Secretary of the Treasury,
  and the Director for National Drug Control Policy should--
  (1) organize a consultative group of creditor governments in an appropriate
  forum in which creditor governments could make contributions and commitments
  to be used to facilitate debt-for-drugs exchanges; and
  (2) encourage other creditor governments to participate in the consultative
  group described in paragraph (1), and support debt-for-drugs exchanges--
  (A) by contributing funds to UNFDAC to purchase the foreign commercial
  indebtedness of participating countries for use in debt-for-drugs exchanges;
  (B) by committing a portion of their government-held debt for use in
  debt-for-drugs exchanges; and
  (C) by coordinating their instructions to their multilateral bank directors
  to promote bank policies which will reinforce, facilitate, and support
  debt-for-drugs exchanges.
SEC. 4408. WAIVER OF EXISTING LAW.
  The provisions of this subtitle shall apply notwithstanding any other
  provision of law.
SEC. 4409. DEFINITIONS.
  For purposes of this subtitle--
  (1) the term `agreement date' means, with respect to a specific country,
  the date on which that country has entered into an agreement described in
  section 4404;
  (2) the term `eligible country' means Bolivia, Colombia, or Peru;
  (3) the term `participating country' means an eligible country which has
  entered into an agreement described in section 4404;
  (4) the term `foreign commercial indebtedness' means the debt obligations
  of a country to foreign, private lending institutions;
  (5) the term `creditor government' means any government with public or
  private lending institutions within its jurisdiction which hold debt
  obligations, official or commercial, of an eligible country;
  (6) the term `participating creditor government' means any creditor
  government which contributes funds for the purchase of commercial debt or
  makes commitments of government-held debt of eligible countries to UNFDAC
  for the purposes of debt-for-drugs exchanges;
  (7) the term `debt-for-drugs agreement' means a written accord between
  UNFDAC and a participating country, approved by two-thirds of participating
  creditor governments, which sets the terms of a debt-for-drugs exchange; and
  (8) the term `debt-for-drugs exchange' means the provision of debt relief
  by creditor governments to a participating country under the terms of a
  debt-for-drugs agreement.
Subtitle E--Military and Law Enforcement
SEC. 4501. MILITARY AND LAW ENFORCEMENT ASSISTANCE.
  (a) PURPOSES OF ASSISTANCE- Assistance provided under this section shall
  be designed to--
  (1) enhance the ability of the eligible countries to control illicit
  narcotics production and trafficking;
  (2) strengthen the bilateral ties of the United States with those 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) AUTHORIZATION OF APPROPRIATIONS- Subject to the requirements of this
  section, there are authorized to be appropriated $375,000,000 for fiscal
  years 1991 through 1993.
  (c) MILITARY ASSISTANCE AND TRAINING- The President is authorized to use
  the funds made available under this section to provide defense articles,
  defense services, and international military education and training. Such
  assistance shall be provided under the authorities of section 23 of the
  Arms Export Control Act (22 U.S.C. 2763; relating to the foreign military
  financing program) and chapter 5 of part II of the Foreign Assistance Act
  of 1961 (22 U.S.C. 2347 and following; relating to international military
  education and training).
  (d) LAW ENFORCEMENT ASSISTANCE AND TRAINING- Not less than half of the
  funds made available to carry out this section may be used, notwithstanding
  section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420; relating
  to the prohibition on law enforcement assistance)--
  (1) for the procurement of equipment and articles for use in narcotics
  control, eradication, and interdiction efforts by law enforcement agencies,
  or other units, that are organized for the specific purpose of narcotics
  enforcement;
  (2) to provide to law enforcement agencies or other units that are organized
  for the specific purpose of narcotics enforcement by the governments of the
  eligible countries, education and training in the use of and maintenance
  of the equipment referred to in paragraph (1); and
  (3) for the expenses of deploying, upon the request of the governments
  of the eligible countries, Department of Defense mobile training teams
  in that 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.
  (e) CONDITIONS OF ELIGIBILITY- Assistance may be provided to eligible
  countries under this section only--
  (1) so long as that country has a democratic government; and
  (2) the armed forces and law enforcement agencies of that country do not
  engage in a consistent pattern of gross violations of internationally
  recognized human rights (as defined in section 502B(d)(1) of the Foreign
  Assistance Act of 1961 (22 U.S.C. 2304(d)(1)).
  (f) NOTIFICATIONS TO CONGRESS- Not less than 15 days before funds are
  obligated pursuant to this section, the President shall transmit to
  the congressional committees specified in section 634A of the Foreign
  Assistance Act of 1961 (22 U.S.C. 2394-1) a written notification in
  accordance with procedures applicable to reprogrammings under that
  section. Such notification shall specify--
  (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.
  (g) REPORTS ON HUMAN RIGHTS SITUATION- Section 502B(c) of the Foreign
  Assistance Act of 1961 (22 U.S.C. 2304(c); relating to country-specific
  human rights reports upon the request of the foreign affairs committee)
  applies with respect to countries for which assistance authorized by this
  section is proposed or is being provided.
  (h) COORDINATION WITH INTERNATIONAL NARCOTICS CONTROL ASSISTANCE PROGRAM-
  Assistance under this section shall be coordinated with assistance
  provided under chapter 8 of part I of the Foreign Assistance Act of 1961
  (22 U.S.C. 2291 and following; relating to international narcotics control
  assistance).
  (i) ELIGIBLE COUNTRIES- For the purposes of this section, the term `eligible
  countries' means any country which is a major illicit drug producing country
  (as defined in section 481(i)(2) of the Foreign Assistance Act of 1961)
  because of its coca production.
SEC. 4502. MULTILATERAL ANTI-NARCOTICS FORCES.
  (a) FINDINGS- The Congress finds that--
  (1) the Prime Minister of Jamaica, Michael Manley, has called for a
  multinational force which would be used to fight drug trafficking in
  nations that invite such a force;
  (2) the Congress has previously endorsed the concept of a multilateral
  force; and
  (3) such a multilateral force could be effective in counter-narcotics
  activities, particularly in nations which lack the means to fight drug
  trafficking.
  (b) SENSE OF CONGRESS- It is the sense of the Congress that the President
  should seek the establishment of a multilateral anti-narcotics force
  within the Organization of American States, the United Nations, and other
  international fora.
  (c) BUDGET REQUEST- If diplomatic efforts toward achieving a multilateral
  force are successful, the President shall submit a request to the Congress
  covering the United States share of the cost of operation and maintenance
  of such a force.
SEC. 4503. JOINT ACTION AND CONSULTATION.
  (a) FINDINGS- The Congress finds that--
  (1) the recent proposal by the United States to station naval forces off
  the coast of Colombia was hampered by inadequate consultation between the
  United States Government and the Government of Colombia;
  (2) such actions can have a damaging effect on United States anti-narcotics
  policies in the Western Hemisphere; and
  (3) close cooperation and consultation between the United States and the
  other countries of the Western Hemisphere is essential to the success of
  anti-narcotics efforts in the region.
  (b) SENSE OF CONGRESS- The Congress strongly urges the Executive Branch to--
  (1) coordinate closely with all allies in the Western Hemisphere dedicated
  to counter the threat of drug trafficking; and
  (2) explore the possibility of undertaking joint military and intelligence
  operations with other nations of the Western Hemisphere where appropriate.
SEC. 4504. ESTABLISHMENT OF FOREIGN SERVICE CORPS IN THE DRUG ENFORCEMENT
ADMINISTRATION.
  (a) FINDINGS- The Congress hereby makes the following findings:
  (1) International drug enforcement by United States personnel requires
  special training and expertise, including but not limited to the following
  areas:
  (A) language training;
  (B) jungle operations;
  (C) intelligence gathering;
  (D) United States and international law enforcement; and
  (E) personal and communications security.
  (2) The Drug Enforcement Administration currently relies on a Temporary Duty
  (TDY) system to meet its personnel requirements for its overseas mission,
  with a large percentage of DEA personnel working 90-day tours of duty in
  foreign countries;
  (3) Reliance on the TDY system is inadequate to meet the Drug Enforcement
  Administration's overseas responsibilities, undermining operational
  continuity and cooperation with other United States and foreign personnel.
  (4) The unique and complex mission of international drug enforcement
  requires the establishment of a specialized and professional Foreign
  Service corps for Drug Enforcement Administration personnel serving abroad.
  (b) ESTABLISHMENT OF DEA FOREIGN SERVICE CORPS- The Administrator of the
  Drug Enforcement Administration (DEA) shall prepare a plan to establish a
  Foreign Service Corps in DEA (hereafter in this section referred to as the
  `Corps') for DEA personnel serving in foreign countries.
  (c) REQUIREMENTS- To the greatest extent practicable, the Corps should be
  modeled on the Foreign Service Act of 1980. At a minimum, the Administrator
  shall ensure that the plan for establishing the Corps required under
  subsection (b) shall address--
  (1) the need for specialized training and expertise in international drug
  enforcement, including but not limited to the following areas: foreign
  language skills, jungle operations, intelligence, law enforcement and
  personal and communications security;
  (2) pay, promotion, and retention incentives to recruit and retain highly
  qualified and experienced personnel for the Corps; and
  (3) management of the Corps, including recruitment, appointment, and
  personnel management procedures.
  (d) SUBMISSION OF DEA FOREIGN SERVICE CORPS PLAN- The Administrator
  of the Drug Enforcement Administration shall transmit the plan required
  under this section to the Committee on the Judiciary and the Committee on
  Foreign Relations of the Senate and the Committee on the Judiciary and the
  Committee on Foreign Affairs of the House of Representatives not later than
  180 days after the date of enactment of this Act. The plan shall include
  a complete and detailed list of legislative and executive proposals to
  establish the Corps and a detailed 5-year cost estimate for establishing
  and implementing the Corps plan.
Subtitle F--Controlling Precursor and Essential Chemicals
SEC. 4601. CONTROLLING CHEMICALS FROM EUROPE.
  (a) NEGOTIATIONS- (1) The Attorney General shall enter into negotiations
  with the appropriate law enforcement and judicial agencies and any other
  officials of any foreign country with jurisdiction over companies who
  manufacture, market, sell, or purchase certain precursor and/or essential
  chemicals used in the production of illicit narcotics. The priority of
  negotiations should be determined based on an assessment by the Attorney
  General which countries have jurisdiction over companies that may be
  knowingly or unknowingly supplying chemicals for the illicit manufacture
  of controlled substances.
  (2) The purposes of the negotiations shall be to--
  (A) establish a list of precursor and essential chemicals contributing to
  the illicit manufacture of controlled substances, as defined in section
  102 of the Controlled Substances Act (21 U.S.C. 802);
  (B) reach one or more international agreements on a method for maintaining
  records of transactions of these listed chemicals;
  (C) establish a procedure by which such records may be made available to
  United States law enforcement authorities for the exclusive purpose of
  conducting an investigation relative to precursor chemicals, essential
  chemicals, and/or controlled substances contributing to the manufacture
  of illicit narcotics; and
  (D) encourage chemical source countries to enact national chemical control
  legislation which would--
  (i) impose specific recordkeeping and reporting requirements for domestic
  transactions involving listed chemicals;
  (ii) establish a system of permits or declarations for imports and exports
  of listed chemicals; and
  (iii) authorize government officials to seize or suspend shipments of
  listed chemicals based on evidence that they may be destined for the
  illicit manufacture of controlled substances.
  (b) REPORTS- Not later than one year after the date of enactment of this
  Act, the Attorney General shall submit an interim report to the Judiciary
  Committee and the Foreign Relations Committee of the Senate on progress in
  the negotiations. Not later than eighteen months from date of enactment
  of this Act, the Attorney General shall submit a final report to the
  aforementioned Senate committees on the result of negotiations identifying
  countries with which agreements have not been reached and which have
  jurisdiction over companies believed to be engaged in the manufacture,
  marketing, sale, or purchase of precursor and/or essential chemicals used
  in illicit manufacture of controlled substances.
  (c) PENALTIES- After consulting with the Attorney General and the Director
  of National Drug Control Policy, the President shall impose penalties or
  sanctions including temporarily or permanently prohibiting any company or
  entity (i) refusing to maintain records for the purpose of monitoring and
  regulating transactions of listed precursor chemicals, or (ii) refusing to
  make such records available to United States law enforcement authorities
  for investigative purposes from engaging in any or all transactions within
  the commerce of the United States.
  (d) DEFINITIONS- A record under subsection (a) shall be retrievable and
  include the date of the transaction, the identity of each party to the
  transaction, including the ultimate consignee, an accounting of the quantity
  and form of listed chemical(s), and a description of the method of transfer.
SEC. 4602. RESEARCH INTO ANTI-DRUG CHEMICAL ADDITIVES.
  (a) The Attorney General is authorized and directed to conduct research
  into additives and other means which would render precursor and essential
  chemicals useless in the production and manufacturing of illegal drugs
  but that would not effect the legitimate commercial uses of such chemicals.
  (b) There are authorized to be appropriated $5,000,000 in fiscal year 1991
  to carry out the purposes of subsection (a) of this section.
SEC. 4603. STRENGTHENING THE DRUG ENFORCEMENT ADMINISTRATION'S CHEMICAL
CONTROL PROGRAM.
  From the $10,000,000 authorized under section 1051 of this Act, the
  Administrator of the Drug Enforcement Administration should hire not less
  than 100 additional special agents and investigators to expand domestic
  and international investigations of violations of the Chemical Diversion
  and Trafficking Act of 1988.
Subtitle G--International Currency Control Agency
SEC. 4701. ESTABLISHMENT OF INTERNATIONAL CURRENCY CONTROL AGENCY.
  (a) FINDINGS- The Congress finds that--
  (1) striking at the financial underpinnings of international drug trafficking
  organizations is one of the most promising means of attacking these cartels;
  (2) the `Group of Seven' nations have established a Financial Action
  Task Force to develop cooperative means of attacking international money
  laundering; and
  (3) the establishment of an International Currency Control Agency, operating
  in conjunction with the Bank on International Settlements, the International
  Monetary Fund, and the International Bank for Reconstruction and Development,
  could greatly assist cooperative anti-money laundering efforts.
  (b) NEGOTIATIONS- (1) The United States representative to the Financial
  Action Task Force of the Group of Seven nations, acting through the
  Secretary of State, shall immediately begin negotiations to establish an
  International Currency Control Agency.
  (2) As originally proposed in section 4701 of the Anti-Drug Abuse Act of
  1988, such Agency would--
  (A) serve as a central source of information and intelligence for
  international law enforcement agencies;
  (B) establish uniform currency transaction reporting requirements for
  international financial institutions, and would establish policies
  restricting access to international financial markets for institutions
  that do not adopt such reporting requirements; and
  (C) collect and analyze currency transaction reports filed by participating
  countries for law enforcement purposes.
  (3) Not later than 180 days after the date of enactment of this Act,
  the Secretary of State shall submit to Congress a report on the status of
  negotiations required by this section.
Subtitle H--Narcotics-Related Terrorism
SEC. 4801. ASSIGNMENT OF UNITED STATES ANTI-TERRORISM PERSONNEL ABROAD
  (a) The Secretary of State shall assign adequate personnel from the Bureau
  of Alcohol, Tobacco and Firearms and the Federal Aviation Administration
  to United States embassies in major drug-producing and transit countries,
  particularly in Latin America, to strengthen United States assault weapons
  control and aviation security programs.
  (b) Within 90 days of the date of enactment of this Act, the Secretary
  of State shall submit a report to Congress on the implementation of the
  directive in subsection (a).
SEC. 4802. AUTHORIZATION OF APPROPRIATIONS FOR AVIATION SECURITY.
  There are authorized to be appropriated $1,000,000 in fiscal year 1991 to
  provide not less than five additional intelligence analysts and support
  personnel to the Federal Aviation Administration's aviation security
  program for liaison with United States drug enforcement agencies and the
  United States intelligence community to prevent narcotics-related terrorism
  activity against aviation.
SEC. 4803. PROTECTION FOR JUDGES AND OTHER PUBLIC OFFICIALS.
  Of the funds appropriated under section 4501 of this title, up to
  $15,000,000 shall be used each year for the protection of judges, law
  enforcement officers and other public officials in the eligible countries
  against acts of violence.
TITLE V--INTERDICTION
SEC. 5000. TABLE OF CONTENTS.
  The table of contents for this title is as follows:
TITLE V--INTERDICTION
Sec. 5000. Table of contents.
Subtitle A--Strengthening Border Interdiction Efforts
Sec. 5101. Authorizations for the Customs Service.
Sec. 5102. Authorizations for the Immigration and Naturalization Service.
Subtitle B--Military Support Along United States Border
Sec. 5201. Department of Defense activities relating to cargo.
Subtitle C--Attacking Drug Trafficking by Criminal Aliens
Sec. 5301. Deported aggravated felons reentering the United States.
Sec. 5302. Amendments to the Immigration and Nationality Act.
Subtitle D--Making Drug-Related Intelligence a Level-One Intelligence Priority
Sec. 5401. Increasing the priority of international drug production and
trafficking in the National Foreign Intelligence Program.
Sec. 5402. Expansion of human intelligence efforts.
Subtitle E--Preventing Drug Traffickers From Entering the United States
Using Fraudulent Immigration Documents
Sec. 5501. Preventing drug traffickers from entering the United States using
fraudulent immigration documents.
Subtitle A--Strengthening Border Interdiction Efforts
SEC. 5101. AUTHORIZATIONS FOR THE CUSTOMS SERVICE.
  There are authorized to be appropriated for the fiscal year ending
  September 30, 1991, $100,000,000 (which shall be in addition to any other
  appropriations) for the United States Customs Service as follows:
  (1) $20,000,000 for the hiring, equipping, and training of no fewer than
  200 full-time equivalent agents and intelligence research specialists, over
  such levels on board as of September 30, 1990, to target drug trafficking
  in high-intensity drug trafficking areas; and
  (2) $80,000,000 for the hiring, equipping, and training of no fewer
  than 800 full-time equivalent inspectors, special agents and canine
  enforcement officers, over such levels on board as of September 30, 1990,
  for the examination of cargo containers coming into the United States
  from high-risk drug source or transit countries, for expanded passenger
  processing enforcement activities, and for the investigation and enforcement
  of chemical diversion activities.
SEC. 5102. AUTHORIZATIONS FOR THE IMMIGRATION AND NATURALIZATION SERVICE.
  There are authorized to be appropriated for the fiscal year ending
  September 30, 1991, $45,000,000 (which shall be in addition to any other
  appropriations) for the Immigration and Naturalization Service as follows:
  (1) $15,000,000 for the hiring, training, and equipping of no fewer than
  300 full-time equivalent Border Patrol officer positions;
  (2) $25,000,000 for Immigration and Naturalization Service criminal
  investigations and expeditious deportation of criminal aliens from
  detention; and
  (3) $5,000,000 for the procurement of low-level light television systems,
  portable and permanent sensor systems and 4-wheel drive law enforcement
  vehicles for the United States Border Patrol.
Subtitle B--Military Support Along United States Border
SEC. 5201. DEPARTMENT OF DEFENSE ACTIVITIES RELATING TO CARGO.
  Section 375 of chapter 18 of title 10, United States Code, is amended by--
  (1) striking `The Secretary of Defense' and inserting `(a) Subject to the
  provisions of subsection (b), the Secretary of Defense'; and
  (2) adding a new subsection (b) as follows:
  `(b) The Secretary of Defense is authorized and directed to prescribe
  regulations authorizing Department of Defense personnel to participate
  directly in the inspection of cargo and other goods at United States
  ports and along the borders of the United States. Such activities shall
  be conducted in coordination with civilian law enforcement agencies and
  shall not include the inspection of persons.'.
Subtitle C--Attacking Drug Trafficking by Criminal Aliens
SEC. 5301. DEPORTED AGGRAVATED FELONS REENTERING THE UNITED STATES.
  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
  276(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1326) shall
  be assigned an offense level under chapter 2 of the sentencing guidelines
  that constitutes a meaningful deterrence to the commission of such offense.
SEC. 5302. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT.
  (a) IN GENERAL- Except as otherwise specifically provided in this section,
  whenever in this section an amendment is expressed as an amendment to a
  provision, the reference shall be deemed to be made to the Immigration
  and Nationality Act.
  (b) DEFINITION OF GOOD MORAL CHARACTER- Section 101(f) of the Immigration
  and Nationality Act is amended--
  (1) by striking out the period at the end of paragraph (8) and inserting
  in lieu thereof `; or'; and
  (2) by adding at the end thereof the following new paragraph:
  `(9) one who has been convicted of an aggravated felony, as defined in
  subsection (a)(43).'.
  (c) BAR ON REENTRY OF ALIENS CONVICTED OF AGGRAVATED FELONIES- Section
  212(a)(17) (8 U.S.C. 1182(a)(17)) is amended--
  (1) by striking out `(or within ten years in the case of an alien convicted
  of an aggravated felony)'; and
  (2) by inserting after `deportation or removal' the following: `(or anytime
  thereafter in the case of an alien convicted of an aggravated felony)'.
  (d) CUSTODY PENDING DETERMINATION OF EXCLUDABILITY- Section 236 (8
  U.S.C. 1226) is amended by adding at the end thereof the following new
  subsection:
  `(e) Pending a determination of excludability, the Attorney General
  shall take into custody any alien convicted of an aggravated felony upon
  completion of the alien's sentence for such conviction. Notwithstanding
  any other provision of this section, the Attorney General shall not release
  such felon from custody.'.
  (e) SUSPENSION OF DEPORTATION PROHIBITED- Section 244 (8 U.S.C. 1254)
  is amended by adding at the end thereof the following new subsection:
  `(g) No alien convicted of an aggravated felony (as defined in section
  101(a)(43)) shall be eligible for suspension of deportation under this
  section.'.
  (f) EFFECT OF FILING PETITION FOR REVIEW- Section 106(a)(3) (8
  U.S.C. 1105a(a)(3)) is amended by inserting after `directs' the following:
  `or unless the alien is convicted of an aggravated felony, in which case the
  Service shall not stay the deportation of the alien pending determination
  of the petition by the court, unless the court otherwise directs;'.
  (g) CUSTODY PENDING DETERMINATION OF DEPORTABILITY- Section 242(a)(2)
  (8 U.S.C. 1252) is amended to read as follows:
  `(2) Pending a determination of deportability, the Attorney General
  shall take into custody any alien convicted of an aggravated felony upon
  completion of the alien's sentence for such conviction. Notwithstanding
  any other provision of this section, the Attorney General shall not release
  such felon from custody.'.
Subtitle D--Making Drug-Related Intelligence a Level-One Intelligence Priority
SEC. 5401. INCREASING THE PRIORITY OF INTERNATIONAL DRUG PRODUCTION AND
TRAFFICKING IN THE NATIONAL FOREIGN INTELLIGENCE PROGRAM.
  (a) FINDINGS- The Congress makes the following findings:
  (1) The President and Congress have declared that international drug
  production and trafficking are threats to the national security of the
  United States and to the stability of several democractically elected
  governments in the Western Hemisphere.
  (2) Increased electronic, human, and other types of intelligence could
  greatly assist the United States in apprehending international drug
  traffickers, identifying the flow of illegal profits derived from
  drug-related activity, and disrupting the shipment of drugs into the
  United States.
  (b) POLICY- To respond to this threat, the United States intelligence
  community should devote greater resources to intelligence activities
  relating to international drug production and trafficking.
  (c) INCREASING PRIORITY OF INTERNATIONAL DRUG TRAFFICKING- The Director
  of Central Intelligence (hereafter in this section referred to as the
  `DCI') shall make support of antidrug efforts a Level One Priority in his
  National Foreign Intelligence Strategy and shall reflect this priority in
  the National Foreign Intelligence Program.
  (d) INTELLIGENCE RESOURCES- The DCI shall include in his next National
  Foreign Intelligence Budget Request a separate and detailed request for
  funds necessary to implement the requirement to make antidrug intelligence
  activities a Level One Priority.
SEC. 5402. EXPANSION OF HUMAN INTELLIGENCE EFFORTS.
  It is the sense of Congress that the Director of Central Intelligence, in
  cooperation with the United States intelligence community, should expand
  resources devoted to human intelligence directed against international drug
  trafficking. In particular, the Director should increase human intelligence
  support for law enforcement operations along the United States border,
  where the enormous volume of legitimate trans-border activity renders
  random drug interdiction patrols largely ineffective.
Subtitle E--Preventing Drug Traffickers From Entering the United States
Using Fraudulent Immigration Documents
SEC. 5501. PREVENTING DRUG TRAFFICKERS FROM ENTERING THE UNITED STATES USING
FRAUDULENT IMMIGRATION DOCUMENTS.
  (a) FINGERPRINTS ON UNITED STATES IMMIGRATION DOCUMENTS- The Secretary
  of State and the Attorney General shall establish a program under which
  applicants for entry into the United States shall be required to submit
  fingerprints at the time of application. Such fingerprints shall be checked
  against records of the Federal Bureau of Investigation, the Immigration
  and Naturalization Service, and other United States agencies to ensure
  that the applicant has not submitted fraudulent documentation or is not
  excludable under United States immigration laws.
  (b) IMPLEMENTATION OF PROGRAM- The Secretary of State and the Attorney
  General shall implement the program outlined in subsection (a) in two
  phases. Phase I shall be a 2-year pilot program for applicants from major
  drug-producing or transit countries. Based on the results of the evaluation
  required under subsection (c), Phase II shall be implemented over the next
  3 years and shall be expanded to all alien applicants requesting entry
  into the United States, as appropriate.
  (c) EVALUATION AND REPORTS- The Secretary of State and the Attorney
  General shall conduct a comprehensive review and evaluation of the program
  outlined in subsection (a). The Secretary of State and the Attorney General
  shall submit an interim report to Congress within 1 year after the date of
  enactment of this Act specifying what progress has been made in implementing
  Phase I. After Phase I has been implemented, the Secretary of State and the
  Attorney General shall submit to Congress a comprehensive evaluation and
  assessment of Phase I along with a complete plan for implementing Phase II.
TITLE VI--DRUG EMERGENCY AREAS
SEC. 6000. TABLE OF CONTENTS.
  The table of contents for this title is as follows:
TITLE VI--DRUG EMERGENCY AREAS
Sec. 6000. Table of contents.
Sec. 6001. Short title.
Sec. 6002. Drug emergency areas.
SEC. 6001. SHORT TITLE.
  This title may be cited as the `Drug Emergency Areas Act of 1990'.
SEC. 6002. DRUG EMERGENCY AREAS.
  Subsection (c) of section 1005 of the National Narcotics Leadership Act
  of 1988 is amended to read as follows:
  `(c) DECLARATION OF DRUG EMERGENCY AREAS-
  `(1) PRESIDENTIAL DECLARATION- (A) In the event that a major drug-related
  emergency exists throughout a State or a part of a State, the President
  may, in consultation with the Director and other appropriate officials,
  declare such State or part of a State to be a drug emergency area and
  may take any and all necessary actions authorized by this subsection or
  otherwise authorized by law.
  `(B) For the purposes of this subsection, the term `major drug-related
  emergency' means any occasion or instance in which drug trafficking,
  drug abuse, or drug-related violence reaches such levels, as determined
  by the President, that Federal assistance is needed to supplement State
  and local efforts and capabilities to save lives, and to protect property
  and public health and safety.
  `(2) PROCEDURE FOR DECLARATION- (A) All requests for a declaration by
  the President designating an area to be a drug emergency area shall
  be made, in writing, by the Governor or chief executive officer of any
  affected State or local government, respectively, and shall be forwarded
  to the President through the Director in such form as the Director may by
  regulation require. One or more cities, counties, or States may submit a
  joint request for designation as a drug emergency area under this subsection.
  `(B) Any request made under clause (A) of this paragraph shall be based on
  a written finding that the major drug-related emergency is of such severity
  and magnitude that effective response to save lives, and to protect property
  and public health and safety, that Federal assistance is necessary.
  `(C) The President shall not limit declarations made under this subsection
  to highly-populated centers of drug trafficking, drug use or drug-related
  violence, but shall also consider applications from governments of less
  populated areas where the magnitude and severity of such activities is
  beyond the capability of the State or local government to respond.
  `(D) As part of a request for a declaration by the President under this
  subsection, and as a prerequisite to Federal drug emergency assistance
  under this subsection, the Governor(s) or chief executive officer(s) shall--
  `(i) take appropriate response action under State or local law and furnish
  such information on the nature and amount of State and local resources
  which have been or will be committed to alleviating the major drug-related
  emergency;
  `(ii) certify that State and local government obligations and expenditures
  will comply with all applicable cost-sharing requirements of this
  subsection; and
  `(iii) submit a detailed plan outlining the State and/or local government's
  short- and long-term plans to respond to the major drug-related emergency,
  specifying the types and levels of Federal assistance requested, and
  including explicit goals (where possible quantitative goals) and timetables
  and shall specify how Federal assistance provided under this subsection
  is intended to achieve such goals.
  `(E) The Director shall review any request submitted pursuant to this
  subsection and forward the application, along with a recommendation to the
  President on whether to approve or disapprove the application, within 30
  days after receiving such application. Based on the application and the
  recommendation of the Director, the President may declare an area to be
  a drug emergency area under this subsection.
  `(3) FEDERAL MONETARY ASSISTANCE- (A) The President is authorized to make
  grants to State or local governments of up to, in the aggregate for any
  single major drug-related emergency, $50,000,000.
  `(B) The Federal share of assistance under this section shall not be
  greater than 75 percent of the costs necessary to implement the short-
  and long-term plan outlined in paragraph (2)(D)(iii).
  `(C) Federal assistance under this subsection shall not be provided to a drug
  disaster area for more than 1 year. In any case where Federal assistance
  is provided under this Act, the Governor(s) or chief executive officer(s)
  may apply to the President, through the Director, for an extension of
  assistance beyond 1 year. The President, based on the recommendation of
  the Director, may extend the provision of Federal assistance for not more
  than an additional 180 days.
  `(D) Any State and/or local government receiving Federal assistance under
  this subsection shall balance the allocation of such assistance evenly
  between drug supply reduction and drug demand reduction efforts, unless
  State or local conditions dictate otherwise.
  `(4) NONMONETARY ASSISTANCE- In addition to the assistance provided under
  paragraph (3), the President may--
  `(A) direct any Federal agency, with or without reimbursement, to utilize
  its authorities and the resources granted to it under Federal law (including
  personnel, equipment, supplies, facilities, and managerial, technical,
  and advisory services) in support of State and local assistance efforts; and
  `(B) provide technical and advisory assistance, including communications
  support and law enforcement-related intelligence information.
  `(5) ISSUANCE OF IMPLEMENTING REGULATIONS- Within 90 days after the enactment
  of this subsection, the Director shall issue regulations to implement this
  subsection, including such regulations as may be necessary relating to
  applications for Federal assistance and the provision of Federal monetary
  and nonmonetary assistance.
  `(6) AUDIT BY COMPTROLLER GENERAL- The Comptroller General shall conduct
  an audit of any Federal assistance (both monetary and nonmonetary) of an
  amount greater than $100,000 provided to a State or local government under
  this subsection, including an evaluation of the effectiveness of such
  assistance based on the goals contained in the application for assistance.
  `(7) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  for each fiscal year 1991, 1992, 1993, 1994, and 1995, $300,000,000 to
  carry out the purposes of this subsection.'.
TITLE VII--RESEARCH AND NEW TECHNOLOGIES
SEC. 7000. TABLE OF CONTENTS.
  The table of contents for this title is as follows:
TITLE VII--RESEARCH AND NEW TECHNOLOGIES
Subtitle A--Pharmacological Research
Sec. 7001. Short title.
Sec. 7002. Findings and purpose.
Chapter 1--Federal Medication Development Program
Sec. 7011. Establishment of Medication Development Division.
Sec. 7012. Authorization of appropriations.
Chapter 2--Private Sector Development of Pharmacotherapeutics
Sec. 7021. Drugs for the treatment of addictions.
Chapter 3--Medications Review Process Reform
Sec. 7031. Investigational new drugs.
Sec. 7032. Parallel track trials for medications to treat drug addiction.
Sec. 7033. Waiver of mechanism of action requirement.
Sec. 7034.  Definition.
Chapter 4--High Priority Research Areas
Sec. 7041. Sense of Congress.
Chapter 5--Report by the Surgeon General
Sec. 7051. Report by the Surgeon General.
Subtitle B--Counter-Narcotics Technology Assessment Center
Sec. 7101. Short title.
Sec. 7102. Counter-Narcotics Technology Assessment Center.
Sec. 7103. Authorization of appropriations.
Subtitle C--National Drug Abuse Epidemiology
Sec. 7201. National Drug Intelligence Epidemiology System.
Subtitle A--Pharmacological Research
SEC. 7001. SHORT TITLE.
  This subtitle may be cited as the `Pharmacotherapy Development Act of 1990'.
SEC. 7002. FINDINGS AND PURPOSE.
  (a) FINDINGS- Congress finds that--
  (1) drug addiction is a disease of epidemic proportions in the United States;
  (2) current efforts to treat the disease of addiction are inadequate; and
  (3) pharmacotherapy, the use of medicines to treat the disease of addiction,
  is one promising method of drug treatment, and the development of such
  medicines must be more aggressively promoted by the Federal Government.
  (b) PURPOSE- It is the purpose of this subtitle to promote research,
  development, and production of pharmacotherapeutics used to reduce the
  prevalence of drug addiction in the United States.
CHAPTER 1--FEDERAL MEDICATION DEVELOPMENT PROGRAM
SEC. 7011. ESTABLISHMENT OF MEDICATION DEVELOPMENT DIVISION.
  Section 515 of the Public Health Service Act (42 U.S.C. 290cc) is amended
  to read as follows:
`SEC. 515. PHARMACOTHERAPEUTICS DEVELOPMENT DIVISION.
  `(a) ESTABLISHMENT- There is established in the National Institute on Drug
  Abuse a Division to be known as the `Medications Development Division'
  (hereafter in this section and section 515A referred to as the `Division').
  `(b) Organization-
  `(1) DIRECTOR- The Division shall be headed by a Director appointed by
  the Director of the National Institute on Drug Abuse on the basis of
  scientific merit.
  `(2) STAFFING- The Director of the Division (hereinafter in this section
  and section 515A referred to as the `Director') may appoint one or more
  Deputy Directors and shall employ administrators and researchers on the
  basis of scientific merit.
  `(c) DUTIES- The Director shall--
  `(1) in consultation with the Commissioner of Food and Drugs, establish,
  not later than 1 year after the date of enactment of this section, new
  guidelines for the safety and efficacy trials of medications to treat drug
  addiction, with such guidelines to be implemented by the Commissioner of
  Food and Drugs in accordance with subchapter C of chapter V of the Federal
  Food, Drug and Cosmetic Act;
  `(2) conduct periodic meetings with the Commissioner of Food and Drugs to
  discuss other measures that may facilitate the approval process of drug
  addiction treatments;
  `(3) encourage and promote (through grants, contracts, or otherwise)
  expanded research programs, investigations, experiments, and studies,
  into the development of medications to treat drug addiction;
  `(4) establish, or provide for the establishment of, clinical research
  facilities to carry out this section;
  `(5) track the activities of the National Institutes of Health relating to
  the development and use of pharmacotherapeutic treatments for drug addiction;
  `(6) collect, analyze, and disseminate data useful in the development
  and use of pharmacotherapeutic treatments for drug addiction and seek the
  establishment of an international research data bank to collect, catalog,
  analyze, and disseminate through international channels, the results of
  research undertaken in any country concerning pharmacotherapeutic treatments
  for drug addiction; and
  `(7) support training in the fundamental sciences and clinical disciplines
  related to the pharmacotherapeutic treatment of drug addiction, including
  the use of training stipends, fellowships, and awards where appropriate.
  `(d) ADMINISTRATION- In carrying out the activities described in subsection
  (c), the Director may--
  `(1) collect and disseminate through publications and other appropriate
  means, information pertaining to the research and other activities under
  this section;
  `(2) make grants to or enter into contracts and cooperative agreements
  with individuals and public and private entities to further the goals of
  the Division;
  `(3) acquire, construct, improve, repair, operate, and maintain
  pharmacotherapeutic centers, laboratories, research, and other necessary
  facilities and equipment, and related accommodations as may be necessary;
  `(4) acquire, without regard to the Act of March 3, 1877 (40 U.S.C. 34),
  by lease or otherwise through the Administrator of the General Services,
  buildings or parts of buildings in the District of Columbia or communities
  located adjacent to the District of Columbia for the use of the Division
  for a period not to exceed 10 years;
  `(5) accept voluntary and uncompensated services;
  `(6) accept gifts, or donations of services, money, or property, real,
  personal, or mixed, tangible or intangible; and
  `(7) take necessary action to ensure that all channels for the dissemination
  and exchange of scientific knowledge and information are maintained between
  the Division and the other scientific, medical, and biomedical disciplines
  and organizations nationally and internationally.
  `(e) REPORTS-
  `(1) IN GENERAL- Not later than December 31, 1990, and each December
  31 thereafter, the Director shall submit to the Office of National Drug
  Control Policy established under section 1002 of the Anti-Drug Abuse
  Act of 1988 (21 U.S.C. 1501) a report, in accordance with paragraph (3),
  that describes the objectives and activities of the Division.
  `(2) INCORPORATION INTO NATIONAL DRUG CONTROL STRATEGY- The Director of
  National Drug Control Policy shall incorporate, by reference or otherwise,
  each report submitted under this subsection in the National Drug Control
  Strategy submitted the following February 1 under section 1005 of the
  Anti-Drug Abuse Act of 1988 (21 U.S.C. 1504).
  `(3) ADDITIONAL REPORTS- The Director may prepare additional reports
  as appropriate.
  `(f) PEER REVIEW-
  `(1) IN GENERAL- The Director shall, by regulation, provide for the
  proper scientific review of all research grants, cooperative agreements,
  and contracts over which the Director has authority by--
  `(A) utilizing, to the extent practicable, appropriate peer review groups
  established within the National Institute on Drug Abuse and composed
  primarily of non-Federal scientists and other experts in the scientific
  and disease fields; and
  `(B) when appropriate, by establishing, with the approval of the Director
  of the National Institute on Drug Abuse, other formal peer review groups
  as may be required.'.
SEC. 7012. AUTHORIZATION OF APPROPRIATIONS.
  Section 517 of the Public Health Service Act (42 U.S.C. 290cc-2) is amended
  to read as follows:
`SEC. 517. AUTHORIZATION OF APPROPRIATIONS.
  `There are authorized to be appropriated to carry out section 515--
  `(1) $60,000,000 for fiscal year 1991;
  `(2) $70,000,000 for fiscal year 1992;
  `(3) $85,000,000 for fiscal year 1993;
  `(4) $100,000,000 for fiscal year 1994;
  `(5) $110,000,000 for fiscal year 1995; and
  `(6) $115,000,000 for each of the fiscal years 1996 through 2000.'.
CHAPTER 2--PRIVATE SECTOR DEVELOPMENT OF PHARMACOTHERAPEUTICS
SEC. 7021. DRUGS FOR THE TREATMENT OF ADDICTIONS.
  Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et
  seq.) is amended by adding at the end thereof the following new subchapter:
`SUBCHAPTER C--DRUGS FOR THE TREATMENT OF ADDICTION TO ILLEGAL DRUGS
`SEC. 529A. RECOMMENDATIONS FOR INVESTIGATIONS OF DRUGS FOR THE TREATMENT
OF ADDICTIONS TO ILLEGAL DRUGS.
  `(a) IN GENERAL- The sponsor of a drug for the treatment of addiction to
  illegal drugs may request the Secretary to provide written recommendations
  for the nonclinical and clinical investigations that must be conducted
  with the drug before--
  `(1) it may be approved for treatment of such addiction under section 505;
  `(2) if the drug is an antibiotic, it may be certified for treatment of
  such addiction under section 507; or
  `(3) if the drug is a biological product, it may be licensed for treatment
  of such addiction under section 351 of the Public Health Service Act.
  `(b) RECOMMENDATIONS FOR INVESTIGATIONS- If the Secretary has reason to
  believe that a drug for which a request is made under this section is a
  drug for the treatment of addiction to illegal drugs, the Secretary shall
  provide the person making the request with written recommendations for
  the nonclinical and clinical investigations that the Secretary believes,
  on the basis of information available to the Secretary at the time of the
  request under this section, would be necessary for approval of such drug
  for treatment of such addiction under section 505, certification of such
  drug under section 507, or licensing of such drug under section 351 of
  the Public Health Service Act.
  `(c) REGULATIONS- The Secretary shall by regulation promulgate procedures
  for the implementation of subsections (a) and (b).
`SEC. 529B. DESIGNATION OF DRUGS FOR THE TREATMENT OF AN ADDICTION TO
ILLEGAL DRUGS.
  `(a) IN GENERAL-
  `(1) REQUEST- The manufacturer or the sponsor of a drug may request the
  Secretary to designate the drug as a drug for the treatment of addiction
  to illegal drugs. A request for designation of a drug shall be made before
  the submission of an application under section 505(b) for the drug, the
  submission of an application for certification of the drug under section
  507, or the submission of an application for licensing of the drug under
  section 351 of the Public Health Service Act. If the Secretary finds that
  a drug for which a request is submitted under this subsection is being or
  will be investigated for the treatment of addiction to illegal drugs and--
  `(A) if an application for such drug is approved under section 505;
  `(B) if a certification for such drug is issued under section 507; or
  `(C) if a license for such drug is issued under section 351 of the Public
  Health Service Act;
the approval, certification, or license would be for use for treatment of such
addiction, the Secretary may designate the drug as a drug for the treatment of
an addiction to illegal drugs. A request for a designation of a drug under this
subsection shall contain the consent of the applicant to notice being given
by the Secretary under subsection (c) respecting the designation of the drug.
  `(2) DEFINITION- As used in paragraph (1)--
  `(A) the term `drugs for the treatment' means those pharmacological agents
  or medications that--
  `(i) block the effects of abused drugs;
  `(ii) reduce the craving for abused drugs;
  `(iii) moderate or eliminate withdrawal symptoms;
  `(iv) block or reverse the toxic effects of abused drugs; or
  `(v) prevent, under certain conditions, the initiation of drug abuse;
  `(B) the term `addiction' means the state of an individual where that
  individual habitually uses an illegal drug in a manner that endangers the
  public morals, health, safety, or welfare, or who is so addicted to the
  use of illegal drugs that such individual loses the power of self-control
  with reference to such the addiction of such individual; and
  `(C) the term `illegal drugs' means a controlled substance, as defined in
  section 202 of the Controlled Substance Act (21 U.S.C. 812) the possession
  or distribution of which is unlawful under such Act.
  `(b) CONDITIONS- A designation of a drug under subsection (a) shall be
  subject to the condition that--
  `(1) if an application was approved for the drug under section 505(b),
  a certificate was issued for the drug under section 507, or a license was
  issued for the drug under section 351 of the Public Health Service Act,
  the manufacturer of the drug will notify the Secretary of any discontinuance
  of the production of the drug at least one year before discontinuance, and
  `(2) if an application has not been approved for the drug under section
  505(b), a certificate has not been issued for the drug under section 507, or
  a license has not been issued for the drug under section 351 of the Public
  Health Service Act and if preclinical investigations or investigations
  under section 505(i) are being conducted with the drug, the manufacturer
  or sponsor of the drug will notify the Secretary of any decision to
  discontinue active pursuit of approval of an application under section
  505(b), approval of an application for certification under section 507,
  or approval of a license under section 351 of the Public Health Service Act.
  `(c) NOTICE- Notice respecting the designation of a drug under subsection
  (a) shall be made available to the public.
  `(d) REGULATION- The Secretary shall by regulation promulgate procedures
  for the implementation of subsections (a), (b), and (c).
`SEC. 529C. PROTECTION FOR DRUGS FOR THE TREATMENT OF AN ADDICTION TO
ILLEGAL DRUGS.
  `(a) IN GENERAL- Except as provided in subsection (b), if the Secretary--
  `(1) approves an application filed pursuant to section 505;
  `(2) issues a certification under section 507; or
  `(3) issues a license under section 351 of the Public Health Service Act;
for a drug designated under section 529A for the treatment of addiction
to illegal drugs, the Secretary may not approve another application under
section 505, issue another certification under section 507, or issue another
license under section 351 of the Public Health Service Act for such drug
for the treatment of such addiction for a person who is not the holder of
such approved application, of such certification, or of such license until
the expiration of 7 years from the date of the approval of the approved
application, the issuance of the certification, or the issuance of the
license. Section 505(c)(2) does not apply to the refusal to approve an
application under the preceding sentence.
  `(b) ISSUANCE OF ANOTHER LICENSE, APPLICATION, OR CERTIFICATION- If an
  application filed pursuant to section 505 is approved for a drug designated
  under section 529A for the treatment of addiction to illegal drugs, if a
  certification is issued under section 507 for such a drug, or if a license is
  issued under section 351 of the Public Health Service Act for such a drug,
  the Secretary may, during the 7-year period beginning on the date of the
  application approval, of the issuance of the certification under section
  507, or of the issuance of the license, approve another application under
  section 505, issue another certification under section 507, or issue a
  license under section 351 of the Public Health Service Act, for such drug
  for the treatment of such addiction for a person who is not the holder of
  such approved application, of such certification, or of such license if--
  `(1) the Secretary finds, after providing the holder notice and opportunity
  for the submission of views, that in such period the holder of the approved
  application, of the certification, or of the license cannot assure the
  availability of sufficient quantities of the drug to meet the needs of
  persons with such addictions for which the drug was designated; or
  `(2) such holder provides the Secretary in writing the consent of such holder
  for the approval of other applications, issuance of other certifications, or
  the issuance of other licenses before the expiration of such 7-year period.
`SEC. 529D. OPEN PROTOCOLS FOR INVESTIGATIONS OF DRUGS FOR THE TREATMENT OF
AN ADDICTION TO ILLEGAL DRUGS.
  `If a drug is designated under section 529A as a drug for the treatment
  of addiction to illegal drugs and if notice of a claimed exemption under
  section 505(i) or regulations issued thereunder is filed for such drug,
  the Secretary may encourage the sponsor of such drug to design protocols
  for clinical investigations of the drug which may be conducted under the
  exemption to permit the addition to the investigations of persons with
  such addictions who need the drug to treat such addiction and who cannot
  be satisfactorily treated by available alternative drugs.
`SEC. 529E. ENFORCEMENT.
  `The provisions of title III relating to the breach of an exclusive
  marketing agreement shall apply to this subchapter.
`SEC. 529F. AUTHORIZATION OF APPROPRIATIONS.
  `There are authorized to be appropriated to carry out this subchapter, such
  sums as may be necessary in each of the fiscal years 1990 through 1992.'.
CHAPTER 3--MEDICATIONS REVIEW PROCESS REFORM
SEC. 7031. INVESTIGATIONAL NEW DRUGS.
  (a) SUBMISSION OF APPLICATION- Notwithstanding subpart B of part 312 of title
  21, Code of Federal Regulations, in implementing the procedures required
  under subsection (b), the Secretary of Health and Human Services, acting
  through the Commissioner of the Food and Drug Administration, may permit an
  entity submitting an investigational new drug application or protocol for
  medications to treat drug addiction to provide the information required by
  the Secretary as such information becomes available to such entity. The
  Secretary may permit such applications or protocols to be submitted in
  parts. If the Secretary withholds approval of any part of such application
  or protocol, the Secretary may require that the applying entity resubmit
  only that portion of such application or protocol that was not approved. Not
  later than 30 days after an entity submits such an application or protocol
  or part thereof, the Secretary shall notify such entity concerning the
  approval or rejection of such application or protocol or part thereof,
  and if such notification is not provided approval will be automatic.
  (b) APPLICATION OF PROCEDURES- The Secretary of Health and Human Services,
  acting through the Commissioner of the Food and Drug Administration, shall
  apply investigational new drug procedures under part 312 of title 21, Code
  of Federal Regulations, to encourage the development and use of medications
  to treat drug addiction. The Secretary may waive the requirements contained
  in part 312.34(b)(1)(ii) of title 21, Code of Federal Regulations, if the
  Secretary determines that such a waiver is appropriate.
SEC. 7032. PARALLEL TRACK TRIALS FOR MEDICATIONS TO TREAT DRUG ADDICTION.
  (a) IN GENERAL- In encouraging the development and marketing approval
  of medications to treat drug addiction, the Secretary of Health and
  Human Services, acting through the Commissioner of the Food and Drug
  Administration, may permit parallel track trials to be used to permit access
  to such drugs in a manner similar to that applied to certain medications
  to treat individuals infected with the human immunodeficiency virus.
  (b) DEFINITION- As used in this section the term `parallel track trials'
  means the procedures used by the Food and Dug Administration under part
  312.35 of title 21, Code of Federal Regulations.
SEC. 7033. WAIVER OF MECHANISM OF ACTION REQUIREMENT.
  Notwithstanding any other provision of law, the Secretary of Health and
  Human Services, acting through the Commissioner of the Food and Drug
  Administration, may waive the application of the mechanism of action
  requirement for marketing approval of medications to treat drug addiction.
SEC. 7034. DEFINITION.
  As used in this chapter, the term `pharmacotherapeutics' means medications
  used to treat the symptoms and disease of drug addiction, including
  medications to--
  (1) block the effects of abused drugs;
  (2) reduce the craving for abused drugs;
  (3) moderate or eliminate withdrawal symptoms;
  (4) block or reverse the toxic effect of abused drugs; and
  (5) prevent, under certain conditions, the initiation of drug abuse.
CHAPTER 4--HIGH PRIORITY RESEARCH AREAS
SEC. 7041. SENSE OF CONGRESS.
  It is the sense of Congress that the Medications Development Division of
  the National Institute on Drug Abuse shall devote special attention and
  adequate resources to achieve the following urgent goals--
  (1) the development of a methadone alternative;
  (2) the development of a long-acting narcotic antagonist;
  (3) the development of a cocaine-blocking treatment;
  (4) the development of a cocaine-blocker/narcotic antagonist treatment;
  (5) the development of medications to treat addiction to drugs that are
  becoming increasingly prevalent, such as methamphetamine; and
  (6) the development of medications to treat pregnant addicts and their
  fetuses.
CHAPTER 5--REPORT BY THE SURGEON GENERAL
SEC. 7051. REPORT BY THE SURGEON GENERAL.
  (a) PHARMACOTHERAPY REVIEW PANEL- Not later than 120 days after the date of
  enactment of this Act, the Director of the Division established under section
  515 of the Public Health Service Act (as amended by section 7011) shall
  establish a panel of independent experts in the field of pharmacotherapeutic
  treatment of drug addiction to assess the national strategy for developing
  such treatments and to make appropriate recommendations for the improvement
  of such strategy.
  (b) REPORT- Not later than January 1, 1992, the Surgeon General of the
  United States shall prepare and submit, to the appropriate Committees of
  Congress, a report that sets forth--
  (1) the recommendations of the panel established under subsection (a);
  (2) the state of the scientific knowledge with respect to pharmacotherapeutic
  treatment of drug addiction;
  (3) the assessment of the Surgeon General of the progress of the nation
  toward the development of safe, efficacious pharmacological treatments
  for drug addiction; and
  (4) any other information determined appropriate by the Surgeon General.
  (c) AVAILABILITY- The report prepared under subsection (b) shall be made
  available for use by the general public.
Subtitle B--Counter-Narcotics Technology Assessment Center
SEC. 7101. SHORT TITLE.
  This subtitle may be cited as the `Counter-Narcotics Technology Act of 1990'.
SEC. 7102. COUNTER-NARCOTICS TECHNOLOGY ASSESSMENT CENTER.
  (a) ESTABLISHMENT- Title I of the Anti-Drug Abuse Act of 1988 (21
  U.S.C. 1501 et seq.) is amended by inserting after section 1003 the
  following new section:
`SEC. 1003A. COUNTER-NARCOTICS TECHNOLOGY ASSESSMENT CENTER.
  `(a) ESTABLISHMENT- There is established within the Office of National
  Drug Control Policy, the Counter-Narcotics Technology Assessment Center
  (hereafter in this section referred to as the Center). The Center shall
  operate under the general authority of the Deputy Director for Supply,
  Office of National Drug Control Policy, and shall serve as the central
  counter-narcotics enforcement research and development organization of
  the United States Government.
  `(b) DIRECTOR- There shall be at the head of the Center, the Chief Scientist
  of Counter-Narcotics Technology who shall be appointed by the Director of
  National Drug Control Policy from individuals qualified and distinguished in
  areas of science, engineering or technology. The Chief Scientist shall be
  paid at the highest rate of basic pay set under the provisions of section
  5382(b) of title 5, United States Code.
  `(c) RESPONSIBILITIES OF THE CHIEF SCIENTIST- The Chief Scientist shall--
  `(1) identify and define the short, medium, and long-term scientific and
  technological needs of Federal, State, and local drug enforcement agencies,
  including--
  `(A) surveillance and tracking;
  `(B) electronic support measures;
  `(C) communications;
  `(D) data fusion, advanced computer systems and artificial intelligence; and
  `(E) chemical, biological and other means of detection;
  `(2) make a priority ranking of such needs according to fiscal and
  technological feasibility, as part of a National Counter-Narcotics
  Enforcement Research and Development Strategy;
  `(3) allocate research and development funds to exploit such technologies
  under subsection (d);
  `(4) oversee and coordinate counter-narcotics technology initiatives with
  related activities of other Federal civilian and military departments; and
  `(5) under the general authority of the Director of National Drug Control
  Policy, submit reprogramming or transfer requests of funds appropriated
  for counter-narcotics enforcement research and development to Congress.
  `(d) COUNTER-NARCOTICS TECHNOLOGY BUDGET AUTHORITY- Beginning with the
  fiscal year 1992 budget, the Director of National Drug Control Policy in
  his budget shall submit a separate appropriations request for expenses
  relating to all Federal agencies for counter-narcotics enforcement research
  and development programs. There is established a national counter-narcotics
  technology account. Such appropriations shall be made to such account for
  the Director of National Drug Control Policy to make reimbursements to
  the involved agencies as appropriate.
  `(e) PERSONNEL- Subject to subsections (d) and (e) of section 1003
  of this Act, the Chief Scientist shall select and appoint a staff of
  not more than 10 employees with specialized experience in scientific,
  engineering and technical affairs. The Chief Scientist may appoint and
  fix the compensation of such personnel without regard to the provisions
  of title 5, United States Code, governing appointments in the competitive
  service, and such personnel may be paid without regard to the provisions
  of chapter 51 and subchapter III of chapter 53 of such title relating to
  classification and General Schedule pay rates, but at a rate not to exceed
  the maximum rate authorized by the General Schedule.'.
SEC. 7103. AUTHORIZATION OF APPROPRIATIONS.
  (a) COUNTER-NARCOTICS TECHNOLOGY ASSESSMENT CENTER- There are authorized
  to be appropriated $3,000,000 for fiscal year 1991 and such sums as may
  be necessary for each fiscal year thereafter for salaries and expenses of
  the Center.
  (b) NATIONAL COUNTER-NARCOTICS TECHNOLOGY INITIATIVES- There are authorized
  to be appropriated $150,000,000 in fiscal year 1991 and such sums as may
  be necessary in fiscal years 1992 and 1993 to carry out the purposes of
  this subtitle.
Subtitle C--National Drug Abuse Epidemiology
SEC. 7201. NATIONAL DRUG INTELLIGENCE EPIDEMIOLOGY SYSTEM.
  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 thereof the following new sections:
`SEC. 509H. NATIONAL DRUG INTELLIGENCE EPIDEMIOLOGY SYSTEM.
  `(a) FINDING- Congress finds that medical professionals, drug treatment
  professionals, law enforcement professionals, and many others need accurate,
  timely information about emerging drug problems.
  `(b) ESTABLISHMENT- The Secretary, acting through the Director of the
  Centers for Disease Control, shall establish a National Drug Intelligence
  Epidemiology System that shall--
  `(1) conduct research on and provide documentation concerning the leading
  drug abuse indicators that shall include drug-related emergency room visits,
  drug-related deaths, and drug treatment admissions;
  `(2) publish data concerning the indicators described in paragraph (1)
  on a quarterly basis; and
  `(3) distribute publications concerning information obtained in accordance
  with paragraphs (1) and (2) to medical professionals, police agencies,
  and other individuals or entities involved in anti-drug efforts.
  `(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  for fiscal year 1991, $4,000,000 to carry out this section.
`SEC. 509I. NATIONAL DRUG ABUSE REPORT CARD.
  `(a) FINDINGS- Congress finds that--
  `(1) simple, timely and accurate measures of the progress of the nation
  against the use of illegal drugs are necessary to keep the public informed
  of the latest developments; and
  `(2) current national drug abuse statistics, based on the National Household
  Survey on Drug Abuse, National High School Seniors Survey, Drug Abuse
  Warning Network, and other surveys, are inadequate to provide the public
  and policy makers with an accurate and timely picture of the drug abuse
  problem in the United States.
  `(b) ESTABLISHMENT- The Secretary, acting through the Director of the
  National Institute on Drug Abuse, shall establish a National Drug Abuse
  Report Card to--
  `(1) collect research on the leading drug abuse indicators, including at
  a minimum--
  `(A) the use of licit and illicit drugs;
  `(B) drug price, purity, and availability;
  `(C) drug-related crime;
  `(D) drug-related hospital room visits; and
  `(E) emerging patterns and trends in drug trafficking and abuse;
  `(2) characterize the statistics compiled under this section according to--
  `(A) age, ethnic and gender groups;
  `(B) regional variations, including rural, suburban and urban areas; and
  `(C) at-risk groups, including pregnant addicts, new mothers and adolescents;
  `(3) include, to the maximum extent possible, estimates of drug use
  among previously under-surveyed groups such as high-school dropouts,
  homeless people, and hard-core addicts in the statistics compiled under
  this section; and
  `(4) publish and distribute reports based on the indicators described under
  this subsection in a simple, understandable format on a quarterly basis.
  `(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  for fiscal year 1991, such sums as may be necessary.'.
TITLE VIII--COORDINATION
SEC. 8000. TABLE OF CONTENTS.
  The table of contents for this title is as follows:
TITLE VIII--COORDINATION
Sec. 8000. Table of contents.
Subtitle A--Officers of the Office of National Drug Control Policy
Sec. 8001. Cabinet status for Director of National Drug Control Policy.
Sec. 8002. Elevating the position of Associate Director of National Drug
Control Policy.
Subtitle B--National Drug Intelligence
Sec. 8011. Short title.
Sec. 8012. Findings.
Sec. 8013. Establishment and responsibilities of center.
Sec. 8014. Management of center.
Sec. 8015. Plan for center.
Sec. 8016. Participating agencies.
Sec. 8017. Intelligence community participation.
Sec. 8018. Intelligence community cooperation.
Sec. 8019. Availability of information.
Sec. 8020. Security of center.
Sec. 8021. Reports and evaluation.
Sec. 8022. Authorization of appropriations.
Subtitle A--Officers of the Office of National Drug Control Policy
SEC. 8001. CABINET STATUS FOR DIRECTOR OF NATIONAL DRUG CONTROL POLICY.
  It is the sense of Congress that the President should accord the Director
  of National Drug Control Policy full cabinet status, as Congress intended by
  establishing the Director as a position in level I of the Executive Schedule.
SEC. 8002. ELEVATING THE POSITION OF ASSOCIATE DIRECTOR OF NATIONAL DRUG
CONTROL POLICY.
  (a) ASSOCIATE DIRECTOR- (1) Section 1002(c)(2) of the Anti-Drug Abuse Act
  of 1988 (21 U.S.C. 1501 (c)(2)) is amended by striking `Associate Director'
  and inserting `Deputy Director';
  (2) Section 1003(a) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1502(a))
  is amended--
  (A) in paragraph (1) by striking out `Associate Director' and inserting
  in lieu thereof `Deputy Director'; and
  (B) in paragraph (2) by striking out `Associate Director' and inserting
  in lieu thereof `Deputy Director'.
  (b) AMENDMENTS TO TITLE 5, UNITED STATES CODE- (1) Section 5315 of title 5,
  United States Code, is amended by striking out:
`Associate Director for National Drug Control Policy, Office of National
Drug Control Policy.'.
  (2) Section 5314 of title 5, United States Code, is amended by adding at
  the end thereof:
`Deputy Director for National Drug Control Policy, Office of National Drug
Control Policy.'.
Subtitle B--National Drug Intelligence
SEC. 8011. SHORT TITLE.
  This subtitle may be cited as the `National Drug Intelligence Act of 1990'.
SEC. 8012. FINDINGS.
  The Congress finds that--
  (1) intelligence information sharing among Federal agencies concerned
  with drug enforcement is essential to implement the National Drug Control
  Strategy;
  (2) much of the relevant information the Federal Government possesses related
  to foreign and domestic drug trafficking organizations is in manual files
  which cannot be used easily, quickly, or completely;
  (3) each Federal agency responsible for drug enforcement and control
  maintains its own files which, by their nature, are difficult to share
  with other agencies;
  (4) no Federal agency responsible for drug enforcement and control has ready
  access to all the data needed to produce a comprehensive understanding of
  international and domestic trafficking organizations; and
  (5) there is no centralized data base of information which can be fully
  utilized by responsible Federal agencies.
SEC. 8013. ESTABLISHMENT AND RESPONSIBILITIES OF CENTER.
  (a) ESTABLISHMENT OF THE CENTER- There is established an executive agency
  to be known as the `National Drug Intelligence Center' (referred to as the
  `Center'). To the fullest extent practicable, the personnel and equipment
  of the Center shall be colocated. Upon the appropriation of funds for
  the Center, the Center shall employ not less than three hundred people of
  which the following agencies shall provide the following personnel:
  (1) not less than seventy-five employees from the Drug Enforcement
  Administration;
  (2) not less than seventy-five employees from the Federal Bureau of
  Investigation;
  (3) not less than fifty employees from the Customs Service;
  (4) not less than fifty employees from the Department of Defense; and
  (5) not less than fifty employees from participating agencies selected by
  the Director of National Drug Control Policy.
During their tenure at the Center, employees shall report to the Executive
Director who shall be responsible for their performance evaluation.
  (b) RESPONSIBILITIES OF THE CENTER- The Center shall--
  (1) assimilate, collect, and analyze drug enforcement-related data and
  intelligence of participating agencies;
  (2) produce comprehensive analyses of foreign and domestic drug trafficking
  organizations, patterns, and trends;
  (3) create and maintain a state-of-the-art computer data base for
  drug-related strategic intelligence;
  (4) publish quarterly statistics on drug trafficking and abuse patterns
  and indicators for each major drug of abuse in the United States, including
  statistics on price, purity, and availability; and
  (5) disseminate comprehensive drug enforcement-related intelligence to
  appropriate intelligence and law enforcement agencies.
  (c) DATE OF OPERATION- The Center shall begin operations not later than
  ninety days after funds are appropriated for the Center.
SEC. 8014. MANAGEMENT OF CENTER.
  (a) ESTABLISHMENT OF ADVISORY BOARD- There shall be an Advisory Board
  consisting of the Executive Director, a representative of each agency
  participating in the Center and representatives from State and local
  agencies selected by the Director of National Drug Control Policy. The
  Advisory Board shall be chaired by the Deputy Director of National Drug
  Control Policy for Supply Reduction. The Advisory Board shall consult with
  the Executive Director in establishing the policies of the Center.
  (b) DESIGNATION OF EXECUTIVE DIRECTOR- There shall be an Executive Director,
  designated by the Director of National Drug Control Policy, who shall be
  responsible for the management and operations of the Center. The Executive
  Director shall be selected from one of the Department of Justice agencies
  responsible for drug enforcement.
  (c) RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR- The Executive Director,
  in consultation with the Advisory Board, shall--
  (1) allocate the Center's funding;
  (2) determine the Center's priorities; and
  (3) adopt procedures governing access to information contained in the
  data bases.
SEC. 8015. PLAN FOR CENTER.
  Not later than ninety days from the date of enactment of this Act,
  the Executive Director, in consultation with the Advisory Board, shall
  develop and submit to the Judiciary Committees of the Senate and House of
  Representatives a plan for the management and operation of the Center which
  shall include a design and format for the data base to be established by the
  Center. The plan shall utilize existing drug enforcement-related intelligence
  resources and shall not duplicate current information systems. To the
  fullest extent possible, existing drug enforcement-related intelligence
  data and systems shall be consolidated and integrated into the Center.
SEC. 8016. PARTICIPATING AGENCIES.
  The following agencies shall participate in the establishment of the
  strategic drug intelligence data base and shall contribute data as required
  by the Advisory Board:
  (1) the Office of National Drug Control Policy;
  (2) the Drug Enforcement Administration;
  (3) the Federal Bureau of Investigation;
  (4) the Internal Revenue Service;
  (5) the Immigration and Naturalization Service;
  (6) the Customs Service;
  (7) the Coast Guard;
  (8) the Department of Defense; and
  (9) other executive agencies as designated by the Director of National
  Drug Control Policy.
SEC. 8017. INTELLIGENCE COMMUNITY PARTICIPATION.
  The Directors of the Central Intelligence Agency, the Defense Intelligence
  Agency, and the National Security Agency shall appoint members from their
  respective agencies to serve on the Advisory Board. Within one hundred and
  eighty days after enactment of this Act, the agencies within the United
  States intelligence community shall submit to the Director of National
  Drug Control Policy a plan for integration of drug-related intelligence
  information generated by such agencies into the Center.
SEC. 8018. INTELLIGENCE COMMUNITY COOPERATION.
  It is the sense of the Congress that the agencies within the United States
  intelligence community shall cooperate, consistent with applicable law,
  including section 1004(a) of Public Law number 100-690, and the protection
  of intelligence sources and methods, with the Center in the execution of
  its responsibilities.
SEC. 8019. AVAILABILITY OF INFORMATION.
  The information in each data base established by the Center shall be
  available to appropriate representatives from participating agencies pursuant
  to the procedures adopted by the Executive Director and the Advisory Board.
SEC. 8020. SECURITY OF CENTER.
  The Executive Director shall take all reasonable, and necessary actions
  to ensure security for the Center, including the protection of sources
  and methods of drug enforcement-related intelligence.
SEC. 8021. REPORTS AND EVALUATION.
  Not later than one year after the date of enactment of this legislation and
  not later than March 1 of each year thereafter, the Executive Director shall
  submit to the Judiciary Committees of the Senate and House of Representatives
  a report evaluating the performance of the Center and the participation
  of each of the contributing agencies to the data base of the Center.
SEC. 8022. AUTHORIZATION OF APPROPRIATIONS.
  For purposes of carrying out this subtitle, there are authorized to be
  appropriated $100,000,000 for fiscal year 1991 and such sums as may be
  necessary for each of the three succeeding fiscal years, which amounts
  shall remain available until expended.

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