Page:United States Statutes at Large Volume 101 Part 2.djvu/180

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PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1166

PUBLIC LAW 100-180—DEC. 4, 1987

Agency of the Department of Defense and its fiscal agent, the Federal Reserve Bank of Atlanta. (b) FULL SETTLEMENT OP CLAIM.—The payment made pursuant to subsection (a) shall constitute full settlement of the legal and equitable claims by the Merchants National Bank of Mobile, Alabama, against the United States, covered by that subsection. (c) LIMITATION ON ATTORNEYS' FEES.—NO part of the amount appropriated in this section in excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with such claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Violation of the provisions of this subsection is a misdemeanor punishable by a fine not to exceed $1,000. Drugs and drug abuse. Law enforcement and crime. 10 USC 912.

SEC. 1248. PROCEDURES FOR FORENSIC EXAMINATION OF CERTAIN PHYSIOLOGICAL EVIDENCE (a) ESTABLISHMENT OF PROCEDURES.—The Secretary of Defense

shall establish procedures to ensure that whenever, in connection with a criminal investigation conducted by or for a military department, a physiological specimen is obtained from a person for the purpose of determining whether that person has used a controlled substance— (1) the specimen is in a condition that is suitable for forensic examination when delivered to a forensic laboratory; and (2) the investigative agency that submits the specimen to the laboratory receives a written statement of the results of the forensic examination from the laboratory within such period as is necessary to use such results in a court-martial or other criminal proceeding resulting from the investigation. OD) TRANSPORTATION OF SPECIMENS.—The procedures prescribed under subsection (a)— (1) shall ensure that physiological specimens are preserved and transported in accordance with valid medical and forensic practices; and (2) insofar as practicable, shall require transportation of the specimen to an appropriate laboratory by the most expeditious means necessary to carry out the requirement in subsection (a)(1). (c) TESTS FOR USE OF LSD.—Procedures established under subsection (a) shall ensure that whenever the controlled substance with respect to which a physiological specimen is to be examined is lysergic acid diethylamide (LSD), the specimen is submitted to a forensic laboratory that is capable of determining with a reasonable degree of scientific certainty, on the basis of the examination of that specimen, whether the person providing the specimen has used lysergic acid diethylamide (LSD). (d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as providing a basis, that is not otherwise available in law, for a defense to a charge or a motion for exclusion of evidence or other appropriate relief in any criminal or administrative proceeding. (e) CONTROLLED SUBSTANCES COVERED.—For purposes of this section, a controlled substance is a substance described in section 912a(b) of title 10, United States Code. (0 REPORT.—Not later than March 1, 1988, the Secretary of Defense shall submit to the Committees on Armed Services of the