42 USC 3762b. Regulations. Reports. "(B) to undertake educational and training programs for criminal justice personnel; "(C) to provide technical assistance to States and local units of government; and "(D) to carry out demonstration projects which, in view of previous research or experience, are likely to be a success in more than one jurisdiction; in connection with a correctional option (excluding the cost of construction); and "(3) grants to public agencies to establish, operate, and support boot camp prisons. "(b) The selection of applicants to receive grants under subsection (a)(1) and (2) shall be based on their potential for developing or testing various innovative alternatives to traditional modes of incarceration and offender release programs. In selecting the applicants to receive grants under subsection (a)(3), the Director shall "(1) consider the overall quality of an applicant's shock incarceration program, including the existence of substance abuse treatment, drug testing, counseling literacy education, vocational education, and job training programs during incarceration or after release; and "(2) give priority to States that clearly demonstrate that the capacity of their correctional facilities is inadequate to accommodate the number of individuals who are convicted of offenses punishable by a term of imprisonment exceeding 1 year. "(c) The Director shall consult with the Commission on Alternative Utilization of Military Facilities created by Public Law 100-456 in order to identify military facilities that may be used as sites for correctional programs receiving assistance under this chapter. "ALLOCATION OF FUNDS; ADMINISTRATIVE PROVISIONS "SEC. 516. (a) of the total amount appropriated for this chapter in any fiscal year, 80 percent shall be used to make grants under section 515(a)(1), 10 percent for section 515(a)(2), and 10 percent for section 515(a)(3). "(b) A grant made under section 515(a)(1) or (a)(3) may be made for an amount up to 75 percent of the cost of the correctional option contained in the approved application. "(c) The Director shall "(1) not later than 90 days after funds are first appropriated to carry out this chapter, issue rules to carry out this chapter; and "(2) not later than 180 days after funds are first appropriated to carry out this chapter (A) submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report describing such rules; and "(B) request applications for grants under this chapter. "CHAPTER C-GENERAL REQUIREMENTS”. (b) EVALUATION.-Section 520(a)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3766(a)(2)) is amended by striking "section 511" and inserting "sections 511 and 515". (c) DEFINITION.-Section 901(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended(1) in paragraph (20) by striking "and" at the end, (2) in paragraph (21) by striking the period at the end, and "(22) 'correctional option' includes community-based incarceration, weekend incarceration, boot camp prison, electronic monitoring of offenders, intensive probation, and any other innovative punishment designed to have the greatest impact on offenders who can be punished more effectively in an environment other than a traditional correctional facility; and "(23) 'boot camp prison' includes a correctional facility in which inmates are required to participate in a highly regimented program that provides strict discipline, physical training, and hard labor, together with extensive rehabilitative activities and with educational, job training, and drug treatment support.". (d) TECHNICAL AMENDMENTS.-The table of contents of title I of the Omnibus Crime and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended (1) by inserting after the heading relating to subpart 2 of part E the following: "Chapter A-Grants to Public and Private Entities", (2) in the item relating to section 511 by striking "discretionary", and (3) by striking the items relating to sections 513 and 514, and inserting the following: "CHAPTER B-GRANTS TO PUBLIC AGENCIES "Sec. 515. Correctional options grants. "Sec. 516. Allocation of funds; administrative provisions. "CHAPTER C-GENERAL REQUIREMENTS "Sec. 517. Application requirements. "Sec. 518. Period of award.". (e) CONFORMING AMENDMENTS.-Section 1001(a) of title I of the Omnibus Crime and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by inserting after paragraph (5) the following: "(6) There are authorized to be appropriated $220,000,000 for fiscal Appropriation year 1991 and such sums as may be necessary for fiscal year 1992 to authorization. carry out chapter B of subpart 2 of part E of this title.". SEC. 1802. CONVEYANCE OF PROPERTY AND FACILITIES AT MILITARY INSTALLATIONS. (a) IN GENERAL.-Chapter 159 of title 10, United States Code, is amended by adding at the end the following: "§ 2693. Conveyance of certain property "(a) Except as provided in subsection (b), before any real property or facility of the United States that is under the jurisdiction of any department, agency, or instrumentality of the Department of Defense is determined to be excess to the needs of such department, agency, or instrumentality, the Secretary shall "(1) provide adequate notification of the availability of such real property or facility within the Department of Defense; 42 USC 3759. Reports. "(2) if the real property or facility remains available after such notification, notify the Attorney General of its availability; and "(3) if the Attorney General certifies that a determination has been made by the Director of the Bureau of Justice Assistance within the Department of Justice to utilize the real property or facility under the correctional options program carried out under section 515 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, convey the real property or facility, without reimbursement, to the public agencies referred to in section 515(a)(1) or 515(a)(3) of title I of such Act for such utilization. "(b) The provisions of this section shall not apply "(1) to real property and facilities to which title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526) is applicable; and (2) during any portion of a fiscal year after four conveyances have been made under this section in such fiscal year.". (b) CLERICAL AMENDMENT.-The table of sections at the beginning of such chapter is amended by adding at the end the following: "2693. Conveyance of certain property.". SEC. 1803. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS. (a) AMENDMENT.-Subpart 1 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 the following: "IMPROVEMENT OF CRIMINAL JUSTICE RECORDS "SEC. 509. (a) Subject to subsection (d), each State which receives funds under section 506 in a fiscal year shall allocate not less than 5 percent of such funds to the improvement of criminal justice records. "(b) The improvement referred to in subsection (a) shall include"(1) the completion of criminal histories to include the final dispositions of all arrests for felony offenses; "(2) the full automation of all criminal justice histories and fingerprint records; and "(3) the frequency and quality of criminal history reports to the Federal Bureau of Investigation. "(c) The Director, in consultation with the Director of the Bureau of Justice Statistics, shall establish guidelines for the fulfillment of the requirements specified in subsections (a) and (b) of this section. "(d) În accordance with such guidelines as the Director shall issue and on the request of a State, the Director may "(1) waive compliance with subsection (a) by such State; or "(2) authorize such State to reduce the minimum amount such State is required to allocate under subsection (a); if the Director, in the discretion of the Director, finds that the quality of the State's criminal justice records does not warrant expending the amount allocated under subsection (a).". (b) TECHNICAL AMENDMENT.-The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting after the item relating to section 508 the following: "Sec. 509. Improvement of criminal justice records.". (c) APPLICATION OF AMENDMENTS.-The amendments made by this 42 USC 3759 section shall not apply with respect to any fiscal year beginning before the date of the enactment of this Act. SEC. 1804. TESTING CERTAIN SEX OFFENDERS FOR HUMAN Section 506 of title I of the Omnibus Crime Control and Safe (1) in subsection (a)(1) by striking "subsection (e)" and inserting "subsections (e) and (f)", (2) by redesignating subsection (f) as subsection (g), and (3) by inserting after subsection (e) the following: "(f)(1) For any fiscal year beginning more than 2 years after the effective date of this subsection "(A) 90 percent of the funds allocated under subsection (a), taking into consideration subsection (e) but without regard to this subsection, to a State described in paragraph (2) shall be distributed by the Director to such State; and "(B) 10 percent of such amount shall be allocated equally among States that are not affected by the operation of subparagraph (A). "(2) Paragraph (1)(A) refers to a State that does not have in effect, and does not enforce, in such fiscal year, a law that requires the State at the request of the victim of a sexual act— "(A) to administer, to the defendant convicted under State law of such sexual act, a test to detect in such defendant the presence of the etiologic agent for acquired immune deficiency syndrome; "(B) to disclose the results of such test to such defendant and to the victim of such sexual act; and "(C) to provide to the victim of such sexual act counseling regarding HIV disease, HIV testing, in accordance with applicable law, and referral for appropriate health care and support services. "(3) For purposes of this subsection "(A) the term 'convicted' includes adjudicated under juvenile proceedings; and "(B) the term 'sexual act' has the meaning given such term in subparagraph (A) or (B) of section 2245(1) of title 18, United States Code.". TITLE XIX-ANABOLIC STEROIDS CONTROL ACT OF 1990 SEC. 1901. SHORT TITLE. note. Anabolic Steroids Control This Act may be cited as the "Anabolic Steroids Control Act of 21 USC 801 note. 1990". SEC. 1902. ANABOLIC STEROID PENALTIES. (a) ADDITION OF ANABOLIC STEROIDS TO SCHEDULE III.-Schedule III of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended by adding at the end the following: "(e) Anabolic steroids.". (b) DEFINITION OF ANABOLIC STEROID.-Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by adding at the end the following: "(41)(A) The term 'anabolic steroid' means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes"(i) boldenone, "(ii) chlorotestosterone, "(iv) dehydrochlormethyltestosterone, "(v) dihydrotestosterone, "(vi) drostanolone, "(vii) ethylestrenol, "(viii) fluoxymesterone, "(xiv) methandrostenolone, "(xv) methenolone, "(xvi) methyltestosterone, "(xvii) mibolerone, "(xviii) nandrolone, "(xx) oxandrolone, 21 USC 829 note. 21 USC 802 note. "(xxi) oxymesterone, "(xxv) testolactone, "(xxvi) testosterone, "(xxvii) trenbolone, and "(xxviii) any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth. "(B)(i) Except as provided in clause (ii), such term does 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. "(ii) If any person prescribes, dispenses, or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of subparagraph (A).". (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 amendment made by this section shall take effect 90 days after the date of enactment of this Act. |