Anti-Drug Abuse Act of 1988

Summary

Omnibus Drug Initiative Act of 1988 - Title I: Committee on Banking, Finance, and Urban Affairs - Subtitle A: Money Laundering Control - Money Laundering Control Amendments of 1988 - Amends Federal law to prohibit financial institutions from issuing checks or money orders to individuals in connection with transactions involving U.S. money in amounts or denominations of $3,000 or more unless the individual provides proper identification and the institution verifies that the individual has an account there. Authorizes the Secretary of the Treasury to require any domestic financial institution to obtain information, keep records, and submit reports concerning: (1) its transactions involving monetary instruments that exceed amounts the Secretary prescribes; and (2) other parties to the transactions. Amends the Right to Financial Privacy Act of 1978 to deny confidentiality of financial information when a financial institution or supervisory agency provides the Attorney General or a State law enforcement agency with financial records of any officer, director, employee, or controlling shareholder (or a major borrower acting in collusion with any of these), if there is reason to believe the record is relevant to either crimes by these persons against such an institution or agency or violations of statutes governing recordkeeping and reporting on monetary instruments transactions. Revises the good faith defense to account for this exception. Authorizes the Secretary of the Treasury to delegate to the Postal Service powers and duties in connection with records and reports on monetary instruments transactions. Amends the Federal Deposit Insurance Act and the National Housing Act to impose a civil penalty of up to $10,000 on insured institutions and their principals and personnel that willfully violate recordkeeping and reporting requirements. Increases from $1,000 to $10,000 the corresponding penalty with respect to uninsured financial institutions. Revises provisions describing the range of uninsured entities subject to financial recordkeeping requirements. Directs the Secretary of the Treasury to study the feasibility of withdrawing the legal tender status of $100 Federal Reserve notes. Enumerates required report contents, to be submitted to the Congress within 180 days of this Act's enactment. Subtitle B: International Provisions - Amends the Export-Import Bank Act of 1945 to permit pre-FY 1993 Export-Import Bank financing of sales of defense articles or services to economically less developed countries if: (1) the Bank is requested to guarantee or insure the sale and the authority to do so would not exceed ten percent of the Bank's guarantee and insurance authority in any given fiscal year; and (2) the President determines, in accordance with prescribed criteria (pro-democratic and anti-drug) that the sale is in the U.S. national interest. Requires both a presidential determination that the required Bank guarantee would be in the national interest and notification to the Congress of this determination before the Bank Board may approve the guarantee in question. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Directors of the International Bank for Reconstruction and Development (World Bank) and the Inter-American Development Bank to initiate pertinent discussions with other executive directors and to advocate and support specific country lending programs and policies, including region-specific development plans, designed to reduce or eliminate the economic dependence of the particular borrowers on illicit drug production and trafficking. Title II: Committee on Education and Labor - Subtitle A: Drug Education and Prevention Relating to Youth Gangs - Directs the Secretary of Health and Human Services (HHS), through the Administration on Children, Youth, and Families, to make grants and contracts for drug education and prevention projects and activities to: (1) prevent and reduce youth drug abuse and participation in gang-committed, drug-related crimes; and (2) support local law enforcement outreach activities. Sets forth grant application requirements, as well as application approval priorities. Directs the Secretary of HHS to coordinate this program with the programs and activities of the Attorney General and with those under the Juvenile Justice and Delinquency Prevention Act of 1974. Authorizes appropriations for FY 1989 through 1991. Subtitle B: Alcohol Abuse Education Programs - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to develop materials for innovative alcohol abuse education programs, especially ones that focus on the effect of alcoholism on the families, particularly the children, of alcoholics. Requires programs for which such materials are developed to be designed for young children, particularly those in grades five through eight. Authorizes the Secretary of Education to make grants to training programs for educators that are designed to: (1) increase awareness of children's problems that may be caused by an alcoholic parent; (2) enhance educators' ability to identify children at risk for alcohol abuse; (3) inform educators concerning referral of children of alcoholics for appropriate professional treatment; and (4) train educators to inform the public about the special problems of children who have an alcoholic parent. Subtitle C: Drug Abuse Education and Prevention Programs for Incarcerated Individuals - Amends the Adult Education Act to allow certain funds set aside by a State to be used for the cost of drug abuse education and prevention programs and referral to drug abuse treatment programs for criminal offenders in correctional institutions. Subtitle D: National Youth Sports Program - Authorizes the Secretary of HHS to make grants to carry out a national youth sports program. Makes eligible for such grants organizations whose members are institutions of higher education with access to high-quality educational and sports facilities. Requires such a program to provide disadvantaged youth: (1) medical and nutrition services; (2) exposure to college and university campuses; (3) sports instruction and competition in settings that provide high quality facilities and supervision; and (4) related educational and counseling services, including instruction on drug and alcohol abuse prevention, educational and career opportunities, health and nutrition, study practices, and job responsibilities. Sets forth grant application requirements. Requires that at least 90 percent of youth participants be from families with incomes below the poverty line. Requires matching contributions from the eligible entities. Sets forth required activities under such program. Directs the Secretary, in the application selection process, to give priority to applicants that propose to carry out drug abuse education and prevention activities. Authorizes appropriations for FY 1989 through 1991. Provides that program grants will be used to carry out activities for a one-year period, concentrating the activities in June, July, and August. Subtitle E: Programs Relating to Juvenile Delinquency and to Runaway and Homeless Youth - Part I: Program to Enhance Juvenile Delinquency Prevention - Subpart A: Projects and Activities of State and Local Governments - Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States to plan, establish, operate, coordinate, and evaluate projects, directly or through grants and contracts with public and private agencies, to: (1) develop more effective education, prevention, treatment, and rehabilitation services related to the illicit use of drugs by juveniles; (2) refer juveniles and their families to these and other appropriate services; and (3) coordinate such referral and services. Allots funds to States based on population of individuals under 18 years old. Sets forth minimum allotments of $75,000 for States and $20,000 for specified U.S. territories and possessions. Sets forth application requirements. Requires States to give priority to specified types of projects. Authorizes appropriations for FY 1989 through 1991. Subpart B: Other Projects and Activities - Directs the Administrator to make grants to and competitively-based contracts with public and private nonprofit entities and individuals for: (1) juvenile delinquency reduction through drug abuse education, prevention, and treatment; (2) research on illicit use of drugs by juveniles, effects on juveniles of illicit use of drugs by family members; (3) community outreach and counseling projects; and (4) training and technical assistance for innovative and effective drug abuse education, prevention, and treatment. Limits grants and contracts to not more than three years' duration. Authorizes appropriations for FY 1989 through 1991. Subpart C: Reports - Directs the Administrator to report to the President and specified congressional leadership. Details required report contents. Part 2: Program for Runaway and Homeless Youth - Directs the Secretary of HHS to make grants to public and private nonprofit entities for research, demonstration, and services projects for runaway and homeless youth, especially projects relating to illicit use of drugs. Enumerates possible projects, including: (1) individual, family, and group counseling; (2) community education; (3) rural area assistance; (4) information and training to individuals providing youth services; and (5) research on the effects on such youth of their own or family members' drug abuse, and correlations between such use and suicide attempts. Directs the Secretary to give grant priority to agencies and organizations with experience in providing services to such youth. Limits grants to three years' duration. Directs the Secretary to report to the President and specified congressional leadership. Details required report contents. Authorizes appropriations for FY 1989 through 1991. Part 3: General Provisions - Sets forth application procedures, required contents, and criteria to govern review. Subtitle F: Drug Abuse Education for Participants in the Special Supplemental Food Program for Women, Infants, and Children - Amends the Child Nutrition Act of 1966 to include: (1) drug abuse among health problems covered by such Act; (2) drug abuse education along with the nutrition education provided under such Act; and (3) drug abuse education and instruction relating to it under specified requirements for State plans. Directs the Secretary of Agriculture, within six months after enactment of this Act, to study appropriate methods of drug abuse education instruction. Authorizes appropriations for FY 1989 and succeeding fiscal years to carry out this study. Adds two members to the National Advisory Council on Maternal, Infant, and Fetal Nutrition. Requires one of them to be an expert in drug abuse education and prevention, and the other an expert in alcohol abuse education and prevention. Subtitle G: Community-Based Volunteer Demonstration Projects for Drug Abuse Education and Prevention Services and Activities - Amends the Domestic Volunteer Service Act of 1973 to authorize the Director of the ACTION Agency to make grants to public and nonprofit organizations for innovative, community-based volunteer demonstration projects that provide comprehensive drug abuse education and prevention services and activities to youth during the summer months. Enumerates permissible activities, including: (1) extending effective school-based programs to the summer months; (2) offering summer recreational, volunteer service, and youth development activities as positive alternatives to illicit drug use; and (3) incorporating drug abuse education and prevention activities in public and private programs serving youth during the summer months. Gives priority to projects that serve high-risk youth and provide opportunities for parent involvement. Authorizes appropriations for FY 1989 through 1991. Subtitle H: Amendments to the Drug-Free Schools and Communities Act of 1986 - Amends the Drug-Free Schools and Communities Act of 1986 to limit the amount that may be used for administrative expenses of the chief executive officer of the State under provisions for State and local programs. Allows up to ten percent of participants in innovative State programs under such Act to be individuals who are not high-risk youth, if the Secretary of Education determines that their participation will not significantly diminish the amount or quality of services provided to high-risk youth. Revises standards for drug abuse education curricular and teaching materials and the information from which they are developed. Subtitle I: Miscellaneous - Defines terms for purposes of this title. Title III: Committee on Foreign Affairs - Subtitle A: General Provisions - International Narcotics Control Act of 1988 - Defines terms used in this title. Subtitle B: Latin American Regional Anti-Narcotics Force and Integrated Plan to Fight the International Cocaine Trade - Expresses the sense of the Congress concerning the need for a Latin American regional anti-narcotics force. Instructs the President to direct the U.S. representative to the Organization of American States (OAS) to consult with other member nations on the feasibility of establishing a Latin American regional anti-narcotics force. Directs the President to call for a meeting of heads of state of member nations, if there is a positive response within OAS, to conclude an agreement for the establishment of such a force, with appropriate member contributions of personnel, training, equipment, and financial resources. Requires the President to direct the Secretary of Defense to provide appropriate assistance for the force. Authorizes appropriations. Requires the President to notify specified congressional committees not less than 15 days before obligating funds authorized under this subtitle. Expresses the sense of the Congress that the Assistant Secretary of State for International Narcotics Matters (Assistant Secretary) should: (1) seek the establishment of a regional anti-narcotics training center in the Caribbean; and (2) contribute funds or other resources and seek contributions from other countries to such a center. Urges the President to seek the establishment of other regional anti-narcotics forces. Directs the Secretary of State to consult with other Government officials and the governments of relevant countries about the feasibility of a comprehensive multinational plan designed to reduce or eliminate the international cocaine trade. Requires a report to the Congress not later than six months after this title's enactment. Subtitle C: Authorizations and Earmarkings of Foreign Assistance - Amends the Foreign Assistance Act of 1961 (FAA) to authorize FY 1989 appropriations for international narcotics control assistance to other countries and to international organizations. Sets a minimum expenditure level for the testing and use of safe, effective herbicides for aerial eradication of coca. Makes available a portion of FY 1989 grant military assistance funds to arm, for defensive purposes, extant aircraft used in narcotics eradication or interdiction efforts. Applies the standard 15 days' notice requirement to specified congressional committees in connection with this reprogramming. Earmarks amounts from funds for international military education and training to be used solely for: (1) education and training involving equipment used in narcotics interdiction and eradication efforts in Latin America and the Caribbean; and (2) the expenses of deploying Department of Defense mobile training teams in a requesting country to conduct training in military-related skills to improve its tactical operations in narcotics interdiction. Limits this assistance to foreign law enforcement agencies or other units organized expressly for narcotics enforcement and to countries that meet criteria set out in this title. Waives provisions that would prohibit the use of grant military assistance funds to procure weapons or ammunition for foreign law enforcement entities when they are organized specifically for narcotics enforcement in countries meeting the criteria of this title. Directs the President to report to the Congress within 15 days before funds are obligated for this type of assistance. Describes required report contents. Provides for human rights reporting with respect to countries authorized to receive assistance. Earmarks an amount to be available solely for assistance for countries in Latin America and the Caribbean. Directs the President to reallocate funds withheld from countries failing to take adequate steps to halt illicit drug production or trafficking for use by countries that have met their illicit drug eradication targets or have otherwise taken significant steps to halt illicit drug production or trafficking. Prescribes conditions to govern transfers among international narcotics control assistance funds and reprogramming of security assistance resulting from these reallocations. Authorizes supplemental FY 1988 appropriations, to remain available until expended, for activities to increase awareness of the effects of illicit narcotics production and trafficking on source and transit countries. Subtitle D: Provisions Relating to Specific Countries - Urges the Assistant Secretary for International Narcotics Matters to pay greater attention, and provide more narcotics control assistance, to those countries that are drug-transit countries (but not major ones) cooperating with U.S. international narcotics control efforts. Earmarks a minimum FY 1989 amount to be available for their assistance. Permits security assistance to Bolivia for FY 1989 only if the President certifies to the Congress that the Government of Bolivia has enacted and is implementing specified types of legislation to eradicate illicit coca production. Sets nonwaivable conditions that the Government of Bolivia must meet before the President may make the certification necessary to obligate and expend FY 1989 U.S. assistance funds suspended because of major illicit drug activities (certification). Requires that project agreement documents for projects in particular areas of Brazil contain a clause calling for suspension of FY 1989 development assistance if specified coca-related objectives are not met. Deletes a provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 that earmarked funds for narcotics interdiction and control programs for Bolivia. Directs the President, in making FY 1989 determinations with respect to the certification necessary for assistance to Peru, to give foremost consideration to whether the Government of Peru made substantial progress in meeting its coca eradication targets during the previous year. Describes conditions that must be met before FY 1989 funds may be made available for the Agency for International Development's project in the Upper Huallaga Valley of Peru. Limits FY 1989 international narcotics control assistance made available for Mexico. Withholds a portion of these funds until the President reports to the Congress the Mexican Government's compliance with conditions relating to the murder and torture of Drug Enforcement Administration (DEA) agents. Directs the President, in making FY 1989 determinations with respect to the certification necessary for assistance to Mexico, to consider the Mexican Government's response to U.S. proposals to establish and implement a joint U.S.-Mexico airborne apprehension capability and air surveillance operations. Encourages the Government of Mexico, upon ratification of the Mutual Legal Assistance Treaty with the United States, to furnish banking information pursuant to the treaty that would permit the successful U.S. investigation and prosecution of major narco-terrorists who use Mexican financial institutions to launder their profits. Includes Colombia among the countries authorized to have more than six members of the U.S. armed forces assigned to carry out international security assistance programs. Authorizes supplemental FY 1988 appropriations, to remain available until expended, to be used exclusively for defense articles to the Colombian armed forces to support their anti-narcotics efforts. Earmarks amounts, to be available until expended, to assist Colombia in providing protection against narco-terrorist attacks on judges, other government officials, and members of the press. Requires congressional notification at least 15 days before funds may be obligated. Directs the President, in making determinations with respect to the certification necessary for assistance to Pakistan, to take into account the extent to which the Government of Pakistan is increasing specified anti-narcotics activities. Directs the President to review and report to the Congress by December 31, 1988, on U.S. narcotics raw material policy, determining the options available to reduce U.S. reliance on licit opium gum from foreign sources. Directs the President to make a certification for FY 1989 with respect to India only if he determines that the Government of India has taken certain actions to curb illicit opium cultivation and production. Requires the President, if certification is made, to include a detailed report on what steps were taken and an estimate of the amount of licit opium still being diverted to the illicit market. Expresses the sense of the Congress that: (1) the U.S. Government should pursue efforts to press the Government of Afghanistan, and work with the Mujahadeen, to reduce heroin production and trafficking in areas under their respective control and to encourage eradication, interdiction, and crop substitution in Afghanistan; and (2) an initiative should be developed which could be put in place as the Mujahadeen and successors to the present Kabul regime begin to exert greater civil authority. Directs the President to prepare and transmit to the Congress quarterly reports containing determinations with respect to any involvement by the Government of Laos (and other governments in the region) in illicit drug production and trafficking. Describes required report contents, depending on the determinations reached. Prohibits U.S. assistance to Laos and directs the U.S. representative to any multilateral development bank to vote to oppose any loan or other use of funds for the benefit of Laos, if the Government or any senior official of Laos is involved in illicit drug production or trafficking, unless the President certifies to the Congress that overriding vital national interests require the assistance and it would improve the prospects for cooperation with Laos in halting the flow of illegal drugs. Subtitle E: Annual Report and Certification Process for Foreign Assistance Programs - Requires the President's annual report to the Congress pursuant to the FAA to: (1) express in numerical terms the maximum reductions in illicit drug production achievable during the next fiscal year; and (2) describe the U.S. assistance for the preceding fiscal year that was denied to each major illicit drug producing country and each major drug-transit country. Requires certification to include the determination that a government has taken the legal and law enforcement steps necessary to eliminate, to the maximum extent possible, corruption by government officials. Establishes a timetable according to which the Secretary of State must establish numerical standards and other guidelines for determining which countries will be considered as major drug-transit countries for FAA purposes. Requires reports to appropriate congressional committees in connection with these standards and their modification. Sets forth a transitional timetable for 1988. Revises the FAA definition of "bilateral narcotics agreement" for purposes of certifications made on or after March 1, 1989. Amends related FAA provisions to permit multilateral agreements as an alternative to bilateral ones. Waives restrictions on FY 1989 U.S. assistance to any major drug-transit country if the President certifies to the Congress that: (1) significant drug-related money laundering is not occurring there with government knowledge or complicity; (2) the country previously was a major illicit drug producing country but has effectively eliminated illicit drug production during each of the preceding two years; and (3) the country is cooperating fully with the United States or has taken adequate steps on its own in satisfying specified anti-narcotics goals. Revises procedures governing congressional review of presidential certifications associated with suspensions of U.S. assistance. Revises the FAA definition of "United States assistance" to exclude certain assistance for narcotics education and awareness activities. Directs the President to report to the Congress annually, rather than biannually, listing each major illicit drug producing country and major drug-transit country. Includes this report in the required midyear report on international narcotics control activities and operations. Deletes FAA provisions requiring the Secretary of the Treasury to instruct the U.S. Executive Directors of various multidevelopment banks to vote against any loan or other use of institution funds to or for major illicit drug producing or drug-transit countries. Subtitle F: Miscellaneous Provisions Relating to Assistance Programs - Applies the standard reprogramming procedures of the FAA to any transfer by the U.S. Government to a foreign country for narcotics control purposes of any property seized by or otherwise forfeited to the Government in connection with narcotics-related activity. Requires annual reports to the Congress regarding such transfers. Expresses the sense of the Congress that suppression of international narcotics trafficking is among the most important U.S. foreign policy objectives. Directs the President to take all reasonable steps to ensure that assistance under the FAA and the Arms Export Control Act is not provided to or through any individual or entity that the President knows or has reason to believe: (1) has been convicted of a violation of, or a conspiracy to violate, any U.S. or foreign law relating to narcotics, psychotropic drugs, or other controlled substances; or (2) is or has been an illicit trafficker in any such substance. Requires the President to issue regulations, subject to congressional review, specifying steps to be taken in carrying out this provision. Urges the Secretary of State to take appropriate corrective action to improve the Department of State's procurement operations in order to assure timely and efficient procurement of property and services for international narcotics control assistance. Prohibits the use of narcotics control assistance funds to acquire real property for use by foreign military, paramilitary, or law enforcement forces. Corrects technical errors in the FAA and in the Anti-Drug Abuse Act of 1986. Amends the FAA to permit reimbursement for Department of Defense services in providing international narcotics control assistance. Subtitle G: Department of State Activities - Makes the Secretary of State responsible for coordinating all Government assistance to support international efforts to combat illicit narcotics production or trafficking. Requires the Secretary to submit annual reports to the appropriate congressional committees. Describes required report contents. Allows reports to be classified to the extent necessary. Amends the State Department Basic Authorities Act of 1956 to authorize appropriations, without fiscal year limitation, for rewards for information leading to the arrest or conviction of individuals for certain extraterritorial narcotics-related offenses. Prohibits the issuance of a passport and requires the Secretary of State to revoke any passport previously issued to any individual who is convicted of certain drug law offenses if the individual used a passport or otherwise crossed an international border in committing the offense. Applies these restrictions during the period when the person is either imprisoned or on parole or other supervised release in connection with the offense in question. Permits exceptions in emergency circumstances or for humanitarian reasons. Empowers the President to prescribe, by regulation, procedures for indicating an individual's drug law violations on passports, other travel documents, and identification papers used during immigration and customs inspections. Authorizes supplemental FY 1988 appropriations, to remain available until expended, solely for State Department expenses in developing and implementing a machine-readable visa system. Directs the Secretary to place greater emphasis on updating extradition treaties and on negotiating mutual legal assistance treaties with major illicit drug producing and drug-transit countries. Requires the Secretary and the Attorney General jointly to develop a model extradition treaty with respect to narcotics-related violations, a model mutual legal assistance treaty, and model comprehensive anti-narcotics legislation. Directs the Secretary to distribute these materials to each U.S. mission abroad and to report to the Congress within six months of this title's enactment. Expresses the sense of the Congress that Regional Security Officers and other security personnel at U.S. embassies and other civilian posts abroad should be directed to expand their investigative activities with respect to illicit drug use and trafficking by Government personnel and their dependents. Urges the Secretary to permit the assignment of additional DEA agents to U.S. diplomatic missions in foreign countries where illicit narcotics production or trafficking is, or is likely to become, a significant problem. Title IV: Committee on Government Operations - Drug-Free Workplace Act of 1988 - Sets forth drug-free workplace requirements for Federal grantees and contractors. Sets forth grounds for suspension, termination, or debarment of grantees or contractors who have violated such requirements. Sets forth rules for related proceedings and the effect of such debarment. Requires grantees or contractors, within 30 days after receiving notice from an employee of a conviction for a drug law violation in the workplace, to: (1) take appropriate personnel action, up to and including termination against the employee; or (2) require the employee to participate satisfactorily in an approved drug rehabilitation program. Provides for waiver of the requirements of this title in the interest of the Federal Government or the general public. Sets forth the authority of boards of contract appeals under this title. Title V: Committee on Interior and Insular Affairs - Subtitle A: Indian Alcohol and Substance Abuse Prevention and Treatment - Amends the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 to direct the Secretaries of the Interior and of Health and Human Services (HHS) to submit, with their FY 1990 budget requests, a joint report to specified congressional committees on the minimum performance standards developed for Federal agency program responsibilities under the Memorandum of Agreement in connection with inter-departmental coordination of Indian alcohol and substance abuse programs. Requires Tribal Action Plans to include provisions for developing and implementing a remedial plan for complying with minimum performance standards. Adds as duties of the Office of Alcohol and Substance Abuse: (1) monitoring the performance in achieving compliance with minimum performance standards through remedial plans of Tribal Action Plans; and (2) reporting to the Congress instances when remedial plans are needed to address program deficiencies. Permits Tribal Action Plans to include provisions for Plan modification. Authorizes FY 1990 through 1992 appropriations for grants to Indian tribes to develop Tribal Action Plans. Authorizes the Secretaries of the Interior and of HHS to enter into long-term leases of tribally owned facilities to house programs under this title if there is no Federal facility available and if the cost of constructing one would exceed the cost of the lease. Permits the leasing of a tribal facility for use as a regional treatment center only if all the tribes within the Indian Health Service area served consent to the lease. Specifies permitted uses of halfway houses. Authorizes FY 1990 through 1992 appropriations for halfway houses and emergency shelters for Indian youth. Directs the Secretary of the Interior to assist the St. Regis Band of Mohawk Indians of New York in developing tribal law enforcement and judicial systems to aid in the investigation and control of illegal narcotics traffic on their reservation along the Canadian border. Authorizes FY 1989 through 1990 appropriations for this assistance. Authorizes FY 1990 through 1992 appropriations for assistance to the Tohono O'odham Tribe of Arizona for illegal narcotics traffic investigation and control. Authorizes FY 1990 through 1992 appropriations for: (1) marijuana eradication programs in Indian country; and (2) Bureau of Indian Affairs law enforcement and judicial training programs. Prohibits the Indian Health Service from refusing to give necessary interim treatment to any Indian youth arrested or detained for offenses relating to alcohol or substance abuse. Authorizes FY 1990 and 1991 appropriations for the construction or renovation of juvenile detention centers and FY 1990 appropriations for staffing and operating these types of centers. Makes corresponding provisions with respect to youth regional treatment centers under the Indian Health Service Youth Program. Authorizes FY 1990 through 1992 appropriations for training and community education. Decreases funds authorized for the Navajo Alcohol Rehabilitation Demonstration Program for FY 1989 and 1990. Authorizes appropriations for the Program for each subsequent fiscal year. Establishes an urban Indian program under which the Secretary of HHS is authorized to make grants to certain urban Indian organizations to provide health-related services in school and community-based education, prevention, treatment, or rehabilitation of alcohol and substance abuse in urban centers. Sets forth grant criteria. Authorizes FY 1990 through 1992 appropriations. Authorizes a separate FY 1990 amount for research. Calls for separate accounts with respect to funds appropriated for coordination of Department of the Interior and of HHS resources and programs and for Indian youth programs of Indian Health Service programs. Subtitle B: National Park System, Public Lands, and National Forest System - Amends the Anti-Drug Abuse Act of 1986 to authorize additional appropriations to the Secretary of the Interior for FY 1989 and thereafter to be used for the employment and training of National Park Service and Bureau of Land Management law enforcement personnel and associated equipment and facilities. Authorizes corresponding appropriations to the Secretary of Agriculture for Forest Service law enforcement personnel. Establishes criminal penalties for creating a serious hazard to life or the environment when the violator knowingly uses a poison, chemical, or other hazardous substance on Federal lands in connection with unlawful acts relating to controlled substances. Subtitle C: Insular Areas - Insular Areas Drug Abuse Amendments of 1988 - Amends the United States Insular Areas Drug Abuse Act of 1986 to add the Secretary of Education as a principal in administering such Act's enforcement and administration provisions. Applies such Act to substance abuse generally rather than limiting it solely to drug abuse. Replaces current authorizations with an authorization for FY 1989 and subsequent fiscal years for grants to the Governments of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico (amounts to remain available until expended), and Palau, to be spent in accordance with an approved plan. Directs the Secretary of the Treasury to provide the Government of American Samoa with a vessel for narcotics enforcement and other law enforcement activities. Authorizes appropriations. Authorizes appropriations for a grant to the Government of Guam to be spent for drug abuse law enforcement equipment in accordance with an approved plan. Authorizes FY 1990 and subsequent fiscal year appropriations, to remain available until expended, to the Government of the Virgin Islands, to be spent in accordance with an approved plan. Requires the Attorney General and the Secretaries of Health and Human Services and of Education to provide appropriate law enforcement training, technical assistance, and equipment upon the request of the government of any insular area covered under such Act. Directs the Attorney General to assign necessary personnel to serve in the office of the U.S. Attorney for the Virgin Islands to assist in the prosecution of narcotics law violations. Authorizes appropriations, effective FY 1989, for a grant to the Virgin Islands Government to be used for a substance abuse facility in accordance with an approved plan. Brings Palau within the jurisdiction of such Act. Authorizes the major Federal law enforcement entities, including the Drug Enforcement Administration and the Customs Service, upon the request of the Palau Government, to cooperate with Palau's law enforcement agencies in investigating U.S. criminal law violations there. Sets October first as the transmission date for the President's annual reports to specified congressional committees on the illegal transit of controlled substances from insular areas into the United States and from other nations into the insular areas. Suspends the expenditure of funds for both the Office of Territorial and International Affairs of the Department of the Interior and the Office of Freely Associated State Affairs for the relevant fiscal year if the reports are not timely. Title VI: Committee on the Judiciary - Anti-Drug Abuse Amendments Act of 1988 - Subtitle A: Chemical Diversion and Trafficking - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act to establish recordkeeping and reporting requirements for persons who manufacture, distribute, import, or export a listed precursor or essential chemical, a tableting machine, or an encapsulating machine. Prohibits transactions involving these items unless the recipient provides both a certificate of lawful use and proper identification. Requires the Attorney Generally to report annually, not later than March 31, on the number and types of these certificates during the preceding fiscal year, along with an analysis of the law enforcement effectiveness of their issuance. Includes confidentiality provisions with respect to records, authorizing an aggrieved person to bring a civil action against violators. Authorizes the Attorney General to prescribe necessary regulations to govern reporting and recordkeeping. Lists criteria to be met by any such regulations, including a one-year limitation on any regulation's effectiveness. Amends the Controlled Substances Import and Export Act to require importers and exporters of listed chemicals to notify the Attorney General of importations or exportations within 15 days before the transaction in question. Provides for exceptions with respect to transactions with regular business customers of the regulated person, if the relationship is reported to the Attorney General. Authorizes the Attorney General to order the suspension of a transaction. Requires written notice justifying such an order. Entitles the affected regulated person to a hearing, if requested. Establishes criminal penalties for persons who knowingly or intentionally import or export a listed chemical with intent to manufacture a controlled substance or with reasonable cause to believe that the chemical will be used for such a purpose. Applies civil penalties to persons who fail to meet notification requirements, unless the failure is intentional, in which case criminal penalties apply. Lists the precursor chemicals and essential chemicals regulated under this Act. Describes transactions exempted from reporting and recordkeeping requirements, including certain lawful distributions in the usual course of business between agents or employees of a single regulated person and transactions involving listed chemicals contained in a drug lawfully marketable under the Federal Food, Drug, and Cosmetic Act. Amends the Controlled Substances Act to apply criminal penalties to persons who knowingly or intentionally: (1) possess a listed chemical with intent to manufacture a controlled substance; (2) possess or distribute a chemical having reasonable cause to believe that it will be used for such a purpose; (3) distribute a listed chemical unlawfully; or (4) possess listed chemicals with knowledge that recordkeeping or reporting requirements have not been met and fail to remedy the violation. Authorizes as an additional penalty an injunction preventing any person convicted of a felony violation of controlled substances laws regarding listed chemicals from engaging in any regulated transaction involving a listed chemical for up to ten years. Amends sections of the Controlled Substances Act that describe prohibited acts and penalties to account expressly for new violations instituted in this subtitle. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules that have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Subtitle B: Asset Forfeiture Amendments - Asset Forfeiture Amendments Act of 1988 - Amends the Federal judicial code to require annual Comptroller General audits of the Department of Justice Assets Forfeiture Fund. Directs the Attorney General to deposit in the Treasury at the end of each fiscal year up to $5,000,000 of Fund amounts in excess of its obligations. Repeals provisions authorizing transfers of excess Fund monies to the Building and Facilities Account of the Federal Prison System. Authorizes the Attorney General to exempt certain contract services from specified advertising and procurement requirements if necessary to maintain the security and confidentiality of an investigation. Decreases the percentage of program related use required in connection with automatic data processing equipment purchased or leased with Fund monies. Amends the Controlled Substances Act to exempt conveyances from forfeiture for drug abuse violations, to the extent of the interest of an owner who did not know of or consent to the relevant unlawful act or omission. Directs the Attorney General to assure that equitable sharing principles are applied with respect to property transferred to a State or local law enforcement agency that participated directly in the seizure or forfeiture. Instructs the Attorney General and the Secretary of the Treasury to develop and maintain a joint plan to coordinate and consolidate post-seizure administration of property seized under controlled substances laws. Establishes expedited procedures for seized conveyances. Subtitle C: State and Local Assistance - State and Local Law Enforcement Assistance Act of 1988 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to earmark five percent of funds appropriated to the Bureau of Justice Statistics for grants to States and to local governments to improve the accuracy and completeness of criminal history information. Transfers responsibility for the appointment of the Director of the Bureau of Justice Assistance (Bureau) from the Attorney General to the President, with the advice and consent of the Senate. Authorizes the Bureau to make grants to States for the purpose of developing and implementing antiterrorism plans for deep draft ports, international airports, and other facilities. Revises application requirements for drug law enforcement grants to States to require certification that the State is undertaking specified types of activities to reduce the demand for controlled substances. Adds provisions to: (1) govern State distribution of funds to local governments under formula grants for drug law enforcement programs; and (2) permit local governments to apply directly to the Bureau Director for grants. Describes application procedures, the review process, allocation and distribution criteria, and recordkeeping and reporting requirements in connection with these grants. Decreases the Federal percentage of expenditures under the grants. Revises the allocation of funds for discretionary grants to public agencies and private nonprofit organizations for drug law enforcement programs. Authorizes discretionary grants to States and local governments for a special discretionary fund to finance drug law enforcement officer incentives, training, and recruitment programs. Earmarks amounts for these grants. Authorizes FY 1989 through 1992 appropriations for the Bureau of Justice Statistics, the National Institute of Justice, the Bureau of Justice Assistance, and for grants to States and local governments for criminal justice facility construction under a pilot program. Increases the FY 1989 authorization for grants to States and local governments for drug law enforcement programs and authorizes FY 1990 through 1992 appropriations for such grants. Includes programs for alcohol-dependent offenders and provision of automated fingerprint identification systems among activities authorized under the block grant program of the Bureau of Justice Assistance. Subtitle D: Authorizations of Appropriations for the Department of Justice and for Prisons - Authorizes FY 1989 and additional FY 1988 appropriations to the Department of Justice (DOJ) for the Drug Enforcement Administration (DEA). Earmarks a portion of the FY 1989 amount for voice privacy equipment. Authorizes FY 1989 appropriations to the DOJ for Federal Bureau of Investigation drug enforcement and related activities. Authorizes additional FY 1989 DOJ appropriations for Organized Crime Drug Enforcement and for Immigration and Naturalization Service interdiction efforts and related activities. Authorizes FY 1989 appropriations for the Federal Prison System. Directs the DEA Administrator to take actions to establish and operate a special purpose facility for the DEA's Air Wing, to be located at a site with direct aircraft access to public aviation facilities. Authorizes appropriations for this purpose. Subtitle E: Money Laundering - Money Laundering Prosecution Improvements Act of 1988 - Amends the Federal criminal code to authorize expressly the Internal Revenue Service and the U.S. Postal Service to investigate certain violations concerning the laundering of monetary instruments and monetary transactions in property derived from various unlawful activities. Excludes monetary transactions involving bona fide attorney fees from consideration as unlawful activity for particular racketeering law purposes. Revises the definition of "monetary instrument" for money laundering purposes. Establishes criminal penalties for knowingly conducting or attempting to conduct a financial transaction involving proceeds of specified unlawful activity with intent either to evade or defeat tax or to make fraudulent and false statements. Subtitle F: Sense of Congress that Proposals to Legalize Illicit Drugs Should be Rejected - Expresses the sense of the Congress that proposals to legalize illicit drugs should be rejected and consideration given only to proposals that directly attack the supply and demand for illicit drugs. Subtitle G: Firearms Provisions - Amends the Federal criminal code to establish criminal penalties applicable to any person who knowingly: (1) travels to another State to acquire or transfer a firearm for use in racketeering, drug law violations, or a crime of violence; or (2) transfers a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime. Brady Amendment - Establishes a seven-day waiting period to precede transfer of a handgun to an unlicensed individual. Requires the transferor to send to the local chief law enforcement officer the sworn statement of the transferee detailing specified information relating to the proposed transaction. Exempts from the waiting period the purchase of a handgun certified by the chief law enforcement officer as necessary because the transferee's life is threatened. Directs the transferor to submit required additional information to the law enforcement officer upon receiving notice that the transfer is unlawful. Sets forth recordkeeping requirements. Imposes criminal penalties for violations of these handgun transfer provisions. Denies Federal preemption with respect to State law on the same subject if it provides for a waiting period of at least seven days or for an alternative pretransfer determination by a law enforcement officer that the transferee is qualified lawfully to receive a handgun. Subtitle H: Investigative Powers of Postal Service Personnel and National Forest System Drug Control - Amends the Federal criminal code to permit certain Postal Service personnel to carry firearms and make seizures of property under specified circumstances. Amends the Controlled Substances Act to allow the Postal Service to carry out the Attorney General's civil forfeiture activities with respect to controlled substances and related articles and conveyances. Directs that proceeds of forfeitures conducted by the Postal Service be deposited in the Postal Service Fund. Amends the National Forest System Drug Control Act of 1986 to revise provisions under which the Secretary of Agriculture may designate and specially train Forest Service employees as officers to enforce controlled substances law and other Federal criminal law relating to National Forest System lands. Removes the limitation on the number of employees who may be so designated. Empowers the Secretary of Agriculture to designate law enforcement officers of other Federal agencies to exercise specified law enforcement powers when assisting Forest Service personnel in relevant activities. Directs the Secretary of Agriculture and the Attorney General each to submit to specified congressional committees a report on their respective activities in expediting investigations with respect to criminal laws relating to controlled substances manufactured or distributed on National Forest System lands. Subtitle I: Travel Expenses and Health Care of Department of Justice Personnel Serving Abroad - Amends the Federal judicial code to authorize Department of Justice appropriations for any fiscal year to pay travel and health care expenses of employees serving abroad and their families. Subtitle J: Program-Related and Study Provisions - Amends the Contract Services for Drug Dependent Federal Offenders Act of 1978 to increase amounts authorized for FY 1988 and 1989 for the Administrative Office of the United States Courts' program of drug aftercare for certain conditionally released offenders. Instructs the Director of the Administrative Office of the United States Courts to establish a one-year demonstration program of mandatory drug testing of criminal defendants. Sets out a general framework for the program. Requires the Director to report to the Congress on its effectiveness. Instructs the Director of the National Institute of Corrections to establish and operate a national center for training Federal, State, and local prison officials to conduct drug rehabilitation programs for criminals convicted of drug-related crimes and for drug-dependent criminals. Authorizes FY 1989 through 1991 appropriations. Subtitle K: Manufacturing Offenses - Amends the Controlled Substances Act to impose criminal penalties for creating a substantial risk of harm to human life while illegally manufacturing a controlled substance. Subtitle L: Common Carrier, Locomotive, and Motor Vehicle Offenses - Amends the Federal criminal code to revise criminal penalties for operating vehicles while under the influence of alcohol or drugs to: (1) include the operation of locomotives within the penalty framework; and (2) increase penalties in cases involving death or serious bodily injury. Defines criminal penalties for drunk or drugged driving in Federal areas to be those under the law of the relevant State or other jurisdiction. Limits driving restrictions, including license restrictions, imposed as penalties for such crimes to the special maritime and territorial jurisdiction of the United States. Presumes that individuals operating motor vehicles in Federal areas consent to submit to alcohol and drug tests upon reasonable grounds. Describes procedures associated with such testing. Revokes driving privileges in such areas to any person who declines to submit to testing after being informed of his or her rights. Title VII: Committee on Merchant Marine and Fisheries - Coast Guard Drug Enforcement Act of 1988 - Amends Federal law to indemnify commanders of surface naval vessels on which Coast Guard personnel are assigned from penalties or litigation for damages for firing at or into vessels that refuse to stop upon proper warning. Authorizes the Commandant of the Coast Guard to indemnify Coast Guard members and employees against claims or judgments arising out of acts committed within the scope of official law enforcement duties. Amends the Suits in Admiralty Act to disallow actions against the United States or against U.S. employees for acts or omissions while acting within the scope of employment with respect to enumerated types of claims. Amends the Public Vessels Act to disallow any libel or petition against the United States for damages caused by a public vessel in connection with the same enumerated types of claims. Revises the scope of primary duties of the Coast Guard to include the enforcement of Federal laws above the high seas and waters. Directs the Secretaries of Transportation and of the Treasury to enter into an agreement to increase the effectiveness of Coast Guard and Customs Service maritime drug interdiction activities in the Great Lakes area. Encourages the Secretary of State to negotiate with appropriate Canadian officials to establish an agreement for increased cooperation and information sharing between U.S. and Canadian law enforcement officials with respect to efforts on the Great Lakes border. Exempts conveyances from forfeiture for drug abuse violations, to the extent of the interest of an owner who did not know of or consent to the relevant offense. Authorizes FY 1989 appropriations to the Coast Guard for acquisition, construction, and improvements and FY 1989 through 1992 appropriations for operating expenses. Makes all of these amounts available until expended and supplemental to other amounts and personnel strengths. Title VIII: Committee on Public Works and Transportation - Federal Aviation Administration Drug Enforcement Assistance Act of 1988 - Amends the Federal Aviation Act of 1958 to direct the Federal Aviation Administrator to modify systems relating to aircraft registration, airman's certification, and fuel system alterations in order to make these systems more responsive to the needs of drug law enforcement authorities. Cites the areas to be modified. Requires the Administrator to issue final regulations implementing such modifications within ten months after the date of enactment of this title. Authorizes the Administrator to establish and collect user fees to cover the costs associated with these modifications. Prescribes user fee guidelines. Directs the Comptroller General to conduct annual audits of fee collection and use during the first five years of their imposition. Requires the Administrator to report annually to the Congress for a five-year period regarding the progress made under this title. Establishes civil penalties for violations of this title and sets forth administrative procedures and jurisdictional requirements in connection with their imposition. Establishes criminal penalties for an enumerated series of aircraft registration violations. Cites conditions under which an aircraft used in connection with violations under this Act may be seized by drug law enforcement authorities. Requires the Administrator to report annually to the Congress for a three-year period on progress regarding: (1) informational assistance to drug law enforcement authorities; (2) registration and certification suspensions; (3) assessments of the appropriate relationship among Federal Aviation Administration (FAA) informational assistance resources; and (4) the training of FAA personnel with respect to controlled substances traffic. Requires the Administrator to report to the Congress on the funding resources needed on an annual basis to implement this Act during a five-year period. Requires that budget requests transmitted to the President or the Secretary of Transportation relating to implementation of this title be concurrently submitted to certain congressional committees and officials. Requires the Office of Personnel Management to report to the Congress within 120 days after enactment of this title regarding the results of its review of a certain FAA position classification scheme. Directs the Secretary of Transportation to report to the Congress the results of a feasibility and cost/benefit study (with respect to drug interdiction) of requiring aircraft entering the continental United States to have an operating transponder installed and to have a flight plan filed with the FAA before such entry. Requires the Secretary of Transportation to report to the Congress the results of a study of: (1) the feasibility of intercepting aircraft deviating from established flight corridors across the borders of the continental United States; and (2) the impact of the establishment of such corridors on safe and efficient aircraft movement and upon drug interdiction. Applies this title only to aircraft that are not used to provide specified air transportation. Title IX: Committee on Ways and Means - Subtitle A: Authorization of Appropriations for the United States Customs Service - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize FY 1989 appropriations for the U.S. Customs Service for: (1) salaries and expenses incurred in both commercial and noncommercial operations; (2) operation and maintenance of the air interdiction program; and (3) purchase and construction of an x-ray imagery vapor sensitive cargo scanning device. Subtitle B: Other Customs Provisions - Amends the Tariff Act of 1930 to: (1) increase the penalty for failure to declare controlled substances; and (2) add options for the Secretary of the Treasury in connection with forfeited property, permitting the Secretary to retain property for official use or transfer it to a foreign government that cooperated in joint law enforcement operations. Directs the Secretaries of the Treasury and of Transportation jointly to issue air carrier controlled substance interdiction regulations for a two-year demonstration program subject to the jurisdiction and oversight of the Committee on Ways and Means of the House of Representatives. Sets forth criteria to govern these regulations, to be applied to at least three U.S. international airports classified by the Customs Service as high-risk and based upon the highest volume of cargo and number of aircraft arriving from high-risk points of departure. Requires that the regulations establish procedures for the development and approval of supplemental inspection practices reflecting the nature and level of controlled substance threat that particular foreign locations pose and the ambient security conditions at each foreign airport. Exempts participating air carriers that comply with the program from fines, penalties, and seizure provisions associated with drug smuggling. Directs the Secretary of the Treasury to transfer a specified aircraft to the Office of the Sheriff of Marion County, Indiana, for drug enforcement and prisoner transportation uses. Subtitle C: Annual Certification Procedures - Amends the Trade Act of 1974 to increase from 30 days to 45 days the congressional period in connection with sanctions against uncooperative major drug producing or drug-transit countries. Revises, beginning on March 1, 1989, the criteria used to determine a country's cooperation for purposes of certification procedures under such Act to require the country to have a bilateral narcotics agreement with the United States or a comparable multilateral agreement. Requires the agreements to mandate actions to effect an enumerated list of anti-narcotics objectives. Requires, effective FY 1989, a country designated in the previous year as a major drug producing or drug-transit country to be party to such an agreement for certification purposes. Waives certification requirements if vital U.S. national interests so demand. Directs the Secretary of State annually to establish numerical standards and other guidelines for identifying major drug-transit countries. Title X: Committee on Energy and Commerce - Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988 - Amends the Public Health Service Act to revise and reorganize provisions relating to mental health and substance abuse programs. Directs the Secretary of Health and Human Services, acting through the Director of the National Institute on Drug Abuse, to make FY 1989 through 1991 allotments and payments to the States and territories for the purpose of preventing the transmission of the etiologic agent for acquired immune deficiency syndrome (AIDS) by eradicating intravenous drug abuse. Requires States to make non-Federal contributions available as matching funds in connection with these programs, except for FY 1989. Enumerates permissible grant uses, including AIDS testing and drug treatment programs. Sets forth requirements to be met by States seeking grants, including a requirement that the State assure that it will prohibit the operation of any public bath knowingly operated in ways that render it a public health hazard with respect to AIDS. Describes application requirements. Sets forth formulas for determining allotments among the various States and territories. Directs the Secretary of HHS to make categorical grants to public and nonprofit private entities to assist grantees. Limits funding for these grants to amounts appropriated for State allotments but not paid for various noncompliance reasons. Requires: (1) evaluations of programs carried out by these grantees; and (2) the collection and dissemination of information relating to the programs and to AIDS and intravenous drug abuse. Authorizes FY 1989 through 1991 appropriations. Lists conditions applicable to these appropriations, including requirements about information to be included in counseling of persons under funded programs. Directs the Secretary, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, to make allotments and payments to States and territories each fiscal year to establish and carry out, through grants, contracts, or cooperative agreements with public and nonprofit private entities, substance abuse prevention, treatment, and rehabilitation programs and related activities. Specifies application procedures and requirements, including a requirement that a State agree to use specified portions of the payments for programs and activities related to: (1) alcoholism and alcohol abuse; (2) drug abuse; (3) prevention and early intervention in connection with alcohol and drug abuse; and (4) such programs and services designed for women. Requires, in addition, that grants be made for demonstration projects offering residential treatment services for expectant mothers. Sets forth a formula for determining allotments, including special provisions for direct payment to Indian tribes or tribal organizations. Directs the Secretary, acting through the Director of the National Institute on Alcohol Abuse and Alcoholism and the Director of the National Institute on Drug Abuse, to develop and evaluate alcohol and drug abuse treatment programs. Authorizes appropriations for FY 1989 through 1991. Directs the Secretary of HHS, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, to make allotments and payments to the States and territories each fiscal year to plan, develop, and provide community mental health and related support services. Describes application procedures and criteria, including requirements that a State, in order to receive payment, must agree to: (1) respect specified priorities in connection with grant monies; (2) develop and coordinate comprehensive mental health services that meet enumerated criteria; and (3) establish and maintain a mental health planning council with specified duties. Sets forth a formula for determining allotments, including special provisions for direct payment to Indian tribes or tribal organizations. Directs the Secretary, acting through the Director of the National Institute of Mental Health, to develop and evaluate community mental health programs and services. Authorizes the Director of the National Institute of Mental Health to establish research centers to carry out the evaluations. Directs the Secretary, acting through the Director, to develop and make available a model plan for a community-based system for the care of chronically mentally ill individuals. Authorizes FY 1989 through 1991 appropriations. Enumerates general provisions applicable to the block grants instituted under this title. Includes requirements that applicant States: (1) submit descriptions of the programs and activities to be funded by the grant, as well as identifications of populations and geographic areas to be served; (2) provide public notice and opportunity for comment; (3) respect listed restrictions on the use of payments; (4) agree to enumerated conditions concerning reporting, spending levels, independent peer review, and provision of services without regard for a person's ability to pay or past health conditions; and (5) report annually and make records available to the public. Requires repayment of funds if a State fails to comply with required agreements. Applies criminal penalties to persons who make false statements or withhold relevant information in connection with grant-related payments or services. Prohibits discrimination with respect to programs and activities funded under this title's provisions. Authorizes the Attorney General to bring a civil action against any State or entity that violates nondiscrimination requirements. Directs the Secretary to provide free technical assistance to a State or other entity receiving payments under specified provisions of this Act. Authorizes the Secretary to provide supplies and services in lieu of grant funds. Requires the Secretary, no later than October 1, 1990, to report to the Congress on the activities of the States carried out under the grant programs relating to AIDS and intravenous drug abuse and for community mental health services. Prohibits the Secretary of HHS from providing Federal financial assistance for AIDS counseling and testing unless the applicant agrees to ensure the confidentiality of information and records with respect to individuals counseled or tested. Requires a written, signed statement of informed consent by the individual to be tested, with special provisions relating to testing through the use of a pseudonym and anonymous testing. Requires recipients of Federal assistance to include specified topics in their counseling before testing, after a negative test result, and after a positive test result. Requires grantees, where appropriate, to provide opportunities for women, children, and hemophiliacs, to undergo counseling under conditions appropriate to their needs. Allows grantees to use the grant to provide counseling without testing. Prohibits the Secretary from providing Federal financial assistance for AIDS counseling and testing unless the applicant agrees to comply with these confidentiality, informed consent, and counseling content requirements, even if Federal funds are not used for the testing. Prohibits States from receiving Federal financial assistance for AIDS counseling and testing unless the State assures that it will require: (1) testing entities confidentially to report to the State public health officer information necessary for statistical and epidemiological analyses; (2) the State public health officer to carry out a program of contact tracing; and (3) testing of each individual who is convicted of prostitution or any crime relating to sexual assault or intravenous drug abuse. Requires the State to notify the individual before the test is performed. Requires, on request of a victim of a crime relating to sexual assault, that the victim be notified of the test results. Requires State grantees to establish a civil cause of action and a criminal penalty for actions by an infected individual that expose another individual to the etiologic agent through: (1) donation of blood, semen, breast milk, or an organ; (2) sexual activity; and (3) any behavior with intent to expose another individual. Provides for an exception if the person exposed gives prior consent to the exposure. Allows the State chief executive officer to certify, in lieu of enactment of any statute or issuance of any regulation, that the law of the State is in substantial compliance. Requires recipients of Federal assistance for AIDS counseling and testing, to the extent permitted under State law, to offer substantial opportunities for an individual to undergo counseling and testing anonymously and through the use of a pseudonym. Prohibits requiring testing as a condition of receiving other health services, unless the testing is medically indicated in the health services being sought. Prohibits Federal financial assistance for AIDS counseling and testing to be expended to carry out programs for distributing sterile needles or bleach to clean needles for hypodermic injections of illegal drugs. Establishes standards and requirements to govern confidentiality with respect to AIDS counseling and testing. Prohibits certain persons, without regard to whether they receive Federal financial assistance, from disclosing identifying information with respect to a protected individual or a contact of such individual. Authorizes consensual disclosure of identifying information through a specified procedure that requires consent of the protected individual, consent of the guardian of a legally incompetent person, or consent, after the death of the protected individual, by the claimant of life insurance proceeds, for disclosure to the insurance company. Provides for nonconsensual disclosure: (1) to a health care provider in connection with counseling or testing; (2) to the protected individual or to the guardian of an incompetent individual; (3) to a health care provider who is likely to be occupationally exposed to the etiologic agent; (4) to a State public health officer if required by State law; (5) in connection with donation of blood, semen, breast milk, or an organ; (6) to a person preparing the body of a protected individual for burial; (7) intraorganizationally as necessary; (8) from a person receiving disclosure to any authorized person for authorized purposes; and (9) in connection with certain sales, transfers, mergers, or consolidations of organizations. Authorizes a court of competent jurisdiction, with respect to the protected individual or contact involved, to: (1) order disclosure of identifying information to a State health officer in order to prevent a clear and imminent danger of transmission of the etiologic agent by the individual or contact; and (2) authorize the officer to disclose identifying information to the extent reasonably necessary to prevent such danger. Sets forth procedures, including in camera hearings, use of pseudonyms, and sealing of records. Authorizes physicians and counselors to make nonconsensual disclosures to spouses, sexual contacts, and people with whom the protected individual has shared a hypodermic needle, in certain circumstances. Provides for nonconsensual disclosures to victims of sexual assault. Requires, subject to exception, that: (1) disclosures be accompanied by a written declaration that redisclosure may be prohibited by law; and (2) in certain circumstances, the protected individual be notified in writing of the disclosure. Provides for civil penalties and causes of action for intentional or negligent violation of disclosure provisions. Authorizes injunctive relief initiated by the Secretary of HHS and a civil cause of action by any aggrieved individual. Provides for in camera proceedings, use of pseudonyms, and sealing of records. Imposes criminal penalties for intentional violation of disclosure provisions. Provides for termination of grants and contracts with any Federal agency and for suspension or debarment of any Federal grantee or contractor for violation of certain disclosure provisions. Supersedes any State law that provides penalties or causes of action for failure to make disclosures not authorized by this title or for making authorized disclosures. Directs the Secretary of HHS annually to collect data on: (1) persons who are both infected with the etiologic agent for AIDS and admitted to hospital emergency rooms as a result of intravenous drug abuse; and (2) the number of cases of mental illness resulting from cases of asymptomatic infection with the etiologic agent for AIDS and from cases of AIDS itself. Directs the Secretary to act through the Directors of the Centers for Disease Control and of the National Institute of Mental Health in gathering the respective types of information. Authorizes fund transfers between a State's block grant allotment for alcohol and drug abuse prevention, treatment, and rehabilitation services and that for community mental health services. Amends the Public Health Service Act to direct the Secretary of HHS to establish a program for the certification of laboratories to perform toxicological urinalysis for drug testing programs. Requires the program to conform in all material respects to the mandatory guidelines for Federal workplace drug testing programs published by the Alcohol, Drug Abuse, and Mental Health Administration on April 11, 1988 (53 Fed. Reg. 11979). Requires, in addition, that the program include the scientific and technical requirements and all standards and requirements for the certification of laboratories engaged in urine drug testing for Federal agencies under the above-referenced mandatory guidelines. Catalogues a series of required program features, including provisions relating to blind proficiency challenges, sanctions for laboratories for incorrect reporting, and oversight provisions. Prohibits: (1) waivers of or deviations from the certification program; (2) subcontracting to a non-certified laboratory; (3) self-certification; and (4) certification or recertification of laboratories under certain circumstances. Precludes any unlicensed or unaccredited laboratory from being certified. Directs the Secretary, no later than one year following this title's enactment, to revise the program to include requirements for the safe collection and accurate toxicological analysis of blood specimens in connection with drug testing programs. Institutes civil and criminal penalties for the following unlawful acts: (1) the solicitation or acceptance by any person other than a certified laboratory of urine or blood for drug testing; (2) disclosure of drug test results, except within the framework of the certification program; (3) the knowing alteration or false reporting of test results; (4) testing without required consent; (5) taking adverse action against test subjects based on refusal or failure to provide consent or based upon a positive test result that has not been accurately verified in accordance with program procedures; and (6) failure to comply with the certification program. Empowers aggrieved test subjects to institute a civil action for appropriate relief, subject to a three-year statute of limitations. Authorizes the Secretary of HHS to bring actions to restrain violations. Indemnifies against the reporting laboratory any person conducting tests who takes adverse action against a test subject based upon a laboratory report of a positive test result later found to have been inaccurate. Supersedes all laws and programs protecting test subjects or imposing requirements in connection with laboratories performing toxicological analysis of urine or blood specimens or persons conducting drug testing programs, unless the existing law provides greater protection or imposes more stringent requirements. Preempts State or local law, except for related criminal law imposing sanctions for reckless conduct leading to loss of life, injury, or damage to property. Directs the Secretary to impose fees on laboratories in connection with the certification and recertification process, including annual fees by certified laboratories. Authorizes FY 1989 through 1991 appropriations for programs of the Office for Substance Abuse Prevention, earmarking particular amounts for support programs of clinical training of substance abuse counselors and other health professionals and for model projects for pregnant and postpartum women and their infants. Amends the Public Health Service Act to direct the Secretary of HHS, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, annually to collect data, through representative sampling, on the incidence and prevalence of various forms of mental illness and substance abuse, both nationally and in major metropolitan areas. Instructs the Administrator, acting through the Directors of the National Institute of Mental Health (NIMH), the National Institute on Alcoholism and Alcohol Abuse, and the National Institute on Drug Abuse (NIDA), to ensure that specified types of data are collected. Requires annual surveys in connection with alcohol and drug abuse data collection. Directs the Secretary of HHS, acting through the Director of the Office for Substance Abuse Prevention, to make grants to establish projects for drug and alcohol abuse prevention, education, and treatment with respect to pregnant and postpartum women and their infants. Gives priority to projects for low-income women and for innovative projects regarding the use of drugs, including cocaine and crack, about which insufficient information exists. Describes application and evaluation procedures. Authorizes the Secretary to make grants to public and nonprofit private entities in order to expand the capacity of grantees to carry out drug abuse treatment programs. Enumerates criteria to govern these grants, including eligibility requirements. Authorizes appropriations, to remain available until expended. Requires the Secretary to provide for independent evaluation of federally funded drug abuse treatment and treatment research programs. Enumerates program features to be evaluated. Requires the Secretary to report the findings to the Congress not later than one year after this title's enactment. Authorizes FY 1989 through 1991 appropriations for alcohol abuse and alcoholism research. Authorizes corresponding appropriations for drug abuse research, earmarking certain amounts for projects that deal with both drug and alcohol abuse and for demonstration projects relating to intravenous drug abuse and AIDS. Empowers the Secretary, acting through the Director of NIDA, to make grants to public and private entities for demonstration projects to: (1) determine the feasibility and long-term effectiveness of offering drug abuse treatment and vocational training in exchange for public service; (2) conduct outreach activities in connection with drug abuse and AIDS; and (3) provide drug abuse treatment services to pregnant and postpartum women and their infants. Requires the Secretary to provide for program evaluations and for the dissemination of derivative information. Includes individuals between 21 and 24 years old among those to be expressly targeted in suicide-related information that the Secretary of HHS publishes and makes available to the public and to health professionals. (The current focus is on persons 21 years old and younger.) Directs the Secretary, through the NIMH Director, to: (1) make grants and enter into agreements with public and nonprofit private entities to undertake research and studies concerning the causes, diagnosis, treatment, control, and prevention of mental illness; (2) establish a National Mental Health Education Program for a variety of treatment improvement, research support, and data collection purposes, including the establishment of a clearinghouse for mental health research and treatment programs; and (3) make grants to States and nonprofit private agencies for mental health services demonstration projects and research projects involving community services for chronically mentally ill individuals, seriously emotionally disturbed children and youth, the elderly, and homeless chronically mentally ill persons. Authorizes similar grants for demonstration projects covering prevention services for persons at risk of developing mental illness. Lists permissible grant uses. Limits grants to no more than three consecutive one-year periods. Authorizes FY 1989 and 1990 appropriations, earmarking a specified percentage for projects in rural areas. Makes miscellaneous amendments to the Public Health Service Act to: (1) designate the Office of Substance Abuse Prevention as an agency of the Alcohol, Drug Abuse, and Mental Health Administration; (2) require triennial rather than annual reporting on the Administration's prevention activities; (3) eliminate the Alcohol, Drug Abuse, and Mental Health Advisory Board; (4) authorize the Administrator to accept voluntary services and to conduct certain kinds of research training; (5) permit the Secretary, acting through the Administrator, to make grants (authorizes FY 1989 through 1991 funding) of up to $100,000 for the acquisition of small instrumentation necessary for research, on the condition that the grant will be contemporaneously utilized by at least two grantees; and (6) target expressly pregnant women and their children in connection with certain grant programs. Amends the Anti-Drug Abuse Act of 1986 to extend the deadline by which the Secretary of HHS must report to the Congress on the extent to which drug abuse treatment is covered by private insurance, public programs, and other payors. Declares butyl nitrite to be a banned hazardous product under the Consumer Product Safety Act, except in connection with commercial purposes other than use in products for inhaling or otherwise introducing it into the human body for euphoric or physical effects. Declares any criminal conviction for violations of the Federal Food, Drug, and Cosmetic Act involving anabolic steroids or a human growth hormone subject to criminal forfeiture under the Controlled Substances Act to be a conviction for a violation of this latter Act. Directs the Administrator of the Environmental Protection Agency, within 180 days of this title's enactment, to develop and publish guidelines and advise law enforcement agencies with respect to dealing with illegal drug laboratories to protect the public health and environment. Directs the Administrator of the Drug Enforcement Administration to make grants and enter into contracts for demonstration projects for the safe clean up and disposal of potentially dangerous substances associated with illegal drug laboratories. Requires evaluations of these activities, as well as reporting to specified congressional committees. Makes available to the DEA Administrator FY 1989 amounts to carry out this grant program.

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4 official files

• Public Law (PDF)

  Public Law · EN · 19 November 1988

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• House agreed to Senate amendment with amendment

  summary · EN · 22 October 1988

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• Passed House amended

  summary · EN · 22 September 1988

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• Introduced in House

  summary · EN · 11 August 1988

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