Page:United States Statutes at Large Volume 102 Part 5.djvu/378

 102 STAT. 4384

PUBLIC LAW 100-690—NOV. 18, 1988

issue appropriate protective orders, or the authority of the court to order that any pleading be filed under seal. "(e) INADMISSIBILITY OF WITHDRAWN DEFENSE BASED UPON PUBLIC

AUTHORITY.—Evidence of an intention as to which notice was given under subdivision (a), later withdrawn, is not, in any civil or criminal proceeding, admissible against the person who gave notice of the intention.". SEC. 6484. WITNESS SERVING SENTENCE ABROAD.

(a) IN GENERAL.—Chapter 223 of title 18, United States Code, is amended by adding at the end thereof the following new section:

International agreements.

International agreements.

"§ 3508. Custody and return of foreign witnesses "(a) When the testimony of a person who is serving a sentence, is in pretrial detention, or is otherwise being held in custody, in a foreign country, is needed in a State or Federal criminal proceeding, the Attorney General shall, when he deems it appropriate in the exercise of his discretion, have the authority to request the temporary transfer of that person to the United States for the purposes of giving such testimony, to transport such person to the United States in custody, to maintain the custody of such person while he is in the United States, and to return such person to the foreign country. "(b) Where the transfer to the United States of a person in custody for the purposes of giving testimony is provided for by treaty or convention, by this section, or both, that person shall be returned to the foreign country from which he is transferred. In no event shall the return of such person require any request for extradition or extradition proceedings, or proceedings under the immigration laws. "(c) Where there is a treaty or convention between the United States and the foreign country in which the witness is being held in custody which provides for the transfer, custody and return of such witnesses, the terms and conditions of that treaty shall apply. Where there is no such treaty or convention, the Attorney General may exercise the authority described in paragraph (a) if both the foreign country and the witness give their consent.'. (b) TABLE OF CONTENTS.—The table of contents for chapter 223 of

title 18, United States Code, is amended by adding at the end thereof the following new item: "3508. Custody and return of foreign witnesses.". SEC. 6485. CLARIFICATIONS REGARDING DRUG PARAPHERNALIA.

Section 1822 of the Anti-Drug Abuse Act of 1986 (Public Law 99570; 21 U.S.C. 857) is amended— (1) in subsection (d), by striking out "in violation of the Controlled Substances Act' and inserting ", possession of which is unlawful under the Controlled Substances Act"; and (2) in subsection (fK2) by striking out "primarily intended for use with" and inserting 'traditionally intended for use with". 21 USC 844a.

SEC. 6486. CIVIL PENALTY FOR POSSESSION OF SMALL AMOUNTS OF CERTAIN CONTROLLED SUBSTANCES.

(a) IN GENERAL.—Any individual who knowingly possesses a controlled substance that is listed in section 401(b)(l)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(l)(A)) in violation of section 404 of that Act (21 U.S.C. 841(b)(l)(A)) in an amount that, as specified by regulation of the Attorney CJeneral, is a personal use amount

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