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H.R. 5484 (99th): Anti-Drug Abuse Act of 1986

The text of the bill below is as of Oct 27, 1986 (Passed Congress).

PUBLIC LAW 99-570—OCT. 27, 1986                                 100 STAT. 3207
*PublicLaw 99-570                                             •
 99th Congress
                                    An Act
To strengthen Federal efforts to encourage foreign cooperation in eradicating illicit
  drug crops and in halting international drug traffic, to improve enforcement of
  Federal drug laws and enhance interdiction of illicit drug shipments, to provide       Oct. 27, 1986
  strong Federal leadership in establishing effective drug abuse prevention and          [H.R. 5484]
  education programs, to expemd Federal support for drug abuse treatment and
  rehabilitation efforts, and for other purposes.

  Be it enacted by the Senate and House of Representatives of the
 United States of America in Congress assembled,                                        Anti-Drug Abuse
                                                                                        Art of 1986
 SECTION 1. SHORT TITLE.                                                                21 USC 80l' note.
   This Act may be cited as the "Anti-Drug Abuse Act of 1986".
 SEC. 2. ORGANIZATION OF ACT.
   This Act is organized as follows:
                        TITLE I—ANTI-DRUG ENFORCEMENT
              Subtitle A—Narcotics Penalties and Enforcement Act of 1986
                    Subtitle B—Drug Possession Penalty Act of 1986
                    Subtitle C—Juvenile Drug Trafficking Act of 1986
                 Subtitle D—Assets Forfeiture Amendments Act of 1986
           Subtitle E—Controlled Substance Analogue Enforcement Act of 1986
                   Subtitle F—Continuing Drug Enterprise Act of 1986
 Subtitle G—Controlled Substances Import and Export Act Penalties Enhancement
                                      Act of 1986
   , .,            Subtitle H—Money Laundering Control Act of 1986
                          Subtitle I—Armed Career Criminals
          Subtitle J—Authorization of Appropriations for Drug Law Enforcement
                Subtitle K—State and Local Narcotics Control Assistance
          Subtitle L—Study on the Use of Existing Federal Buildings as Prisons
                   Subtitle M—Narcotics Traffickers Deportation Act
                     Subtitle N—Freedom of Information Act
      Subtitle O—Prohibition on the Interstate Sale and Transportation of Drug
                                   Paraphernalia
                         Subtitle P—Manufacturing Operations
                Subtitle Q—Controlled Substances Technical Amendments
                  Subtitle R—FVecursor and Essential Chemical Review
              Subtitle S—White House Conference for a Drug Free America
  Subtitle T—Common Carrier Operation Under the Influence of Alcohol or Drugs
      Subtitle U—Federal Drug Law Enforcement Agent Protection Act of 1986




 •Note: This is a subsequently typeset print of the hand enrollment which was signed
        by the President on October 27, 1986.

100 STAT. 3207-1 PUBLIC LAW 99-570—OCT. 27, 1986 TITLE II—INTERNATIONAL NARCOTICS CONTROL ' '['<''*. TITLE III—INTERDICTION Subtitle A—Department of Defense Drug Interdiction Assistance r , ,t ,^ . Subtitle B—Customs Enforcement Subtitle C—Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 '-'• • • -- ' • Subtitle D—Coast Guard V^ Subtitle E—United States Bahamas Drug Interdiction Task Force Subtitle F—Command, Control, Communications, and Intelligence Centers ^ Subtitle G—Transportation Safety Subtitle H—Department of Justice Funds for Drug Interdiction Operation in Hawaii Subtitle I—Federal Communications Commission . ,. s ». TITLE IV—DEMAND REDUCTION . ^.^*' Subtitle A—Treatment and Rehabilitation Subtitle B—Drug-Free Schools and Communities Act of 1986 Subtitle C—Indians and Alaska Natives "^ Subtitle D—Miscellaneous Provisions TITLE V—UNITED STATES INSULAR AREAS AND NATIONAL PARKS Subtitle A—Programs in United States Insular Areas Subtitle B—National Park Service Program TITLE VI—FEDERAL EMPLOYEE SUBSTANCE ABUSE EDUCATION AND TREATMENT TITLE VII—NATIONAL ANTIDRUG REORGANIZATION AND COORDINATION TITLE VIII—PRESIDENT'S MEDIA COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION TITLE IX—DENIAL OF TRADE BENEFITS TO UNCOOPERATIVE MAJOR e.5 DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES TITLE X—BALLISTIC KNIFE PROHIBITION TITLE XI—HOMELESS ELIGIBILITY CLARIFICATION ACT -iii ; ii Subtitle A—Emergency Food for the Homeless 9 . -, "^ Subtitle B—Job Training for the Homeless Subtitle C—Entitlements Eligibility TITLE XII—COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 TITLE XIII—CYANIDE WRONGFUL USE TITLE XIV—SENATE POLICY CONCERNING FUNDING • ' ' ' S., '<• TITLE XV—NATIONAL FOREST SYSTEM DRUG CONTROL 21 u s e 801 note. SEC. 3. COMPLIANCE WITH BUDGET ACT. Notwithstanding any other provision of this Act, any spending authority and any credit authority provided under this Act shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. For purposes of this Act, the
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-2 term "spending authority" has the meaning provided in section 401(cX2) of the Congressional Budget Act of 1974 and the term 2 use 651. "credit authority" has the meaning provided in section 3(10) of the Congresssional Budget Act of 1974. 2 USC 622. TITLE I—ANTI-DRUG ENFORCEMENT Subtitle A—Narcotics Penalties and Enforcement Act of 1986 Narcotics Penalties and SEC. 1001. SHORT TITLE. ^^^^'"^^^ A'^* of 1986. This subtitle may be cited as the "Narcotics Penalties and 21 USC 801 note. Enforcement Act of 1986". SEC. 1002. CONTROLLED SUBSTANCES ACT PENALTIES. Section 401(bXl) of the Controlled Substances Act (21 U.S.C. 841(bXl)) is amended— (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by striking out subparagraphs (A) and (B) and inserting the following in lieu thereof: "(IXA) In the case of a violation of subsection (a) of this section involving— "(i) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; "(ii) 5 kilograms or more of a mixture or substance containing a detectable amount of— "(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of J :>i> ecgonine or their salts have been removed; to "(II) cocaine, its salts, optical and geometric isomers, and salts of isomers; iMii "(III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or j.5 3 "(IV) any compound, mixture, or preparation which con- tains any quantity of any of the substance referred to in subclauses (I) through (III);"; "(iii) 50 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; "(iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); "(v) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); "(vi) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[l-(2-phenylethyl>4- " piperidinyl] propanamide or 100 grams or more of a mixture or substsmce containing a detectable amount of any analogue of N-phenyl-N-[l-(2-phenylethyl)-4-piperidinyl] propanamide; or i" (vii) 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana; such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or serious bodily injury resulte from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individ- ual or $10,000,000 if the defendant is other than an individual, or
100 STAT. 3207-3 PUBLIC LAW 99-570—OCT. 27, 1986 both. If any person commits such a violation after one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law ? of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years and not more =t than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprison- ment, a fine not to exceed the greater of twice that authorized in ^t , accordance with the provisions of title 18, United States Code, or $8,000,000 if the defendant is an individual or $20,000,000 if the defendant is other than an individual, or both. Any sentence under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subpara- graph. No person sentenced under this subparagraph shall be eli- gible for parole during the term of imprisonment imposed therein. "(B) In the case of a violation of subsection (a) of this section involving— "(i) 100 grams or more of a mixture or substance containing a detectable amount of heroin; "(ii) 500 grams or more of a mixture or substance containing a detectable amount of— "(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; i "(II) cocaine, its salts, optical and geometric isomers, and salts of isomers; A "(III) ecgonine, its derivatives, their salts, isomers, and f salts of isomers; or "(IV) any compound, mixture, or preparation which con- ,, Sj^>Hkt tains any quantity of any of the substance referred to in subclauses (I) through (III);"; iji "(iii) 5 grams or more of a mixture or substance described in i;K clause (ii) which contains cocaine base; "(iv) 10 grams or more of phencyclidine (PGP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (v) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); "(vi) 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[l-(2-phenylethyl)-4- piperidinyl] propanamide or 10 grams or more of a mixture or //^' substance containing a detectable amount of any analogue of N-phenyl-N-[l-(2-phenylethyl)-4-piperidinyl] propanamide; or "(vii) 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana; such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substcince shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-4 title 18, United States Code, or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or 21 USC 951. other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant sub- stances, have become final, such person shall be sentenced to a term of imprisonment which may not be less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprison- ment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence im- posed under this subparagraph shall, in the absence of such a prior conviction, include a term of supervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of supervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subpara- graph. No person sentenced under this subparagraph shall be eli- gible for parole during the term of imprisonment imposed therein. "(C) In the case of a controlled substance in schedule I or II except as provided in subparagraphs (A), (B), and (D), such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convic- tions for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprison- ment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that au- thorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this subparagraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence.".
100 STAT. 3207-5 PUBLIC LAW 99-570—OCT. 27, 1986 SEC. 1003. OTHER AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT. (a) Section 401 of the Controlled Substances Act (21 U.S.C. 841) is further amended as follows: (1) In subsection (b), paragraph (IXD), as redesignated, is amended by— (A) striking out "a fine of not more than $50,000" and inserting in lieu thereof "a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual"; (B) striking out "a fine of not more than $100,000" and inserting in lieu thereof "a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual"; and i^ (C) inserting "except in the case of 100 or more mari- ^ huana plants regardless of weight," after "marihuana," the '^ first place it appears. (2) In subsection (b), paragraph (2) is amended by striking out "a fine of not more than $25,000" and inserting in lieu thereof "a fine not to exceed the greater of that authorized in accord- ance with the provisions of title 18, United States Code, or $250,000 if the defendant is an individual or $1,000,000 if the \ defendant is other than an individual", and by striking out "a fine of not more than $50,000" and inserting in lieu thereof "a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual". (3) In subsection Ot)), paragraph (3) is amended by striking out "a fine of not more than $10,000" and inserting in lieu thereof "a fine not to exceed the greater of that authorized in accord- ance with the provisions of title 18, United States Code, or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual", and by striking out "a fine of not more than $20,000" and inserting in lieu thereof "a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual". (4) In subsection (b), paragraph (4) is amended by striking out "1(C)" and mserting "1(D)" in lieu thereof. (5) In subsection (b), paragraph (5) is amended to read as follows: "(5) Any person who violates subsection (a) of this section by cultivating a controlled substance on Federal property shall be imprisoned as provided in this subsection and shall be fiuaed any amount not to exceed— "(A) the amount authorized in accordance with this section; "(B) the amount authorized in accordsmce with the provisions of title 18, United States Code; "(C) $500,000 if the defendant is an individual; or "(D) $1,000,000 if the defendant is other than an individual; or both.".
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-6 (6) Subsection (d) is amended by striking out "a fine of not more than $15,000" and inserting in lieu thereof "a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual", (b) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended— (1) by inserting the following new paragraph after paragraph (24): "(25) The term 'serious bodily injury' means bodily injury which involves— •>•. , ; <i "(A) a substantial risk of death; "(B) protracted and obvious disfigurement; or 41 * "(C) protracted loss or impairment of the function of a bodily member, organ, or mental faculty."; and (2) by renumbering the following paragraphs accordingly. SEC. 1004. ELIMINATION OF SPECIAL PAROLE TERMS. (a) The Controlled Substances Act and the Controlled Substances 21USC 801 note. Import and Export Act are amended by striking out "special parole 21 USC 951 note. term" each place it appears and inserting "term of supervised release" in lieu thereof. (b) The amendments made by this section shall take effect on the 21 USC 841 note. date of the taking effect of section 3583 of title 18, United States Code. SEC. 1005. AMENDMENT TO THE COMPREHENSIVE CRIME CONTROL ACT OF 1984. (a) Subsection (a) of section 224 of the Comprehensive Crime Control Act of 1984 is amended— 21 USC 841. (1) by inserting "and" after the semicolon in paragraph (4); and (2) by striking out paragraphs (1), (2), (3), and (5) and re- designating the other paragraphs accordingly. (b) Section 224 of the (Domprehensive Crime Control Act of 1984 is amended— (1) by striking out subsection Ot)); and 21 USC 845, 848. (2) by redesignating subsection (c) as subsection 0)). (c) Section 225 of the Comprehensive Crime Control Act of 1984 is 21 USC 960, 962. amended to read as follows: "SEC. 225. Section 1515 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended by repealing subsection (c).". SEC. 1006. MISCELLANEOUS TECHNICAL AMENDMENTS. (aXD Subsection (a) of section 3583 of title 18, United States Code, is amended by inserting ", except that the court shall include as a part of the sentence a requirement that the defendant be placed on a term of supervised release if such a term is required by statute" after "imprisonment" the second place it appears. (2) Subsection Ot>) of section 3583 of title 18, United States (Dode, is amended by striking out "The" and inserting in lieu thereof "Except as otherwise provided, the". (3) Subsection (e) of section 3583 of title 18, United States (Dode, is amended— (A) so that the catchline reads as follows: "Modification of conditions or revocation.";
100 STAT. 3207-7 PUBLIC LAW 99-570—OCT. 27, 1986 ' (B) in paragraph (2) by striking out "or" after the semicolon; (C) in paragraph (3) by striking out "title." and inserting "title; or" in lieu thereof; and (D) by inserting the following new paragraph after para- graph (3): "(4) revoke a term of supervised release, and require the person to serve in prison all or part of the term of super- vised release without credit for time previously served on '^; postrelease supervision, if it finds by a preponderance of the evidence that the person violated a condition of supervised *; i release, pursuant to the provisions of the Federal Rules of 18 u s e app. Criminal Procedure that are applicable to probation revoca- tion and to the provisions of applicable policy statements issued by the Sentencing Commission.". 18 u s e 3583 (4) The amendments made by this subsection shall take effect on note. the date of the taking effect of section 3583 of title 18, United States Code. (b) Paragraph (3) of section 994(a) of title 28, United States Code, is amended by inserting "and revocation of supervised release" after "supervised release". (c) Section 511 of title II of the Comprehensive Drug Abuse Prevention Act of 1978 (21 U.S.C. 881) is amended— (1) in subsection (f) by inserting "or 11" after "I" each place it appears; (2) by redesignating subsection (f) as subsection (f)(1); and (3) by inserting the following new paragraph after subsection (f)(1) as so redesignated: "(2) The Attorney General may direct the destruction of all controlled substances in schedule I or II seized for violation of this title under such circumstances as the Attorney General may deem necessary.". SEC. 1007. AMENDMENT TO TITLE 18 OF THE UNITED STATES CODE. (a) Section 3553 of title 18, United States Code, is amended by adding the following at the end thereof: "(e) LIMITED AUTHORITY TO IMPOSE A SENTENCE BELOW A STATU- TORY MINIMUM.—Upon motion of the Government, the court shall have the authority to impose a sentence below a level established by statute as minimum sentence so as to reflect a defendant's substan- tial assistance in the investigation or prosecution of another person who has committed an offense. Such sentence shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code.". Effective date. (b) The amendment made by this section shall take effect on the 18 u s e 3553 date of the taking effect of section 3553 of title 18, United States note. Code. SEC. 1008. AMENDMENT TO TITLE 28 OF THE UNITED STATES CODE. Section 994 of title 28 of the United States Code is amended by— (1) inserting the following after subsection (m): "(n) The Commission shall assure that the guidelines reflect the general appropriateness of imposing a lower sentence than would otherwise be imposed, including a sentence that is lower than that established by statute as minimum sentence, to take into account a defendant's substantial assistance in the investigation or prosecu- tion of another person who has committed an offense."; and
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-8 (2). redesignating subsections (n), (o), (p), (q), (r), (s), (t), (u), (v), and (w) as subsections (o), (p), (q), (r), (s), (t), (u), (v), (w), and (x), respectively. SEC. 1009. AMENDMENT TO THE FEDERAL RULES OF CRIMINAL PROCEDURE. (a) Rule 35(b) of the Federal Rules of Criminal Procedure is iSUSCapp. amended by striking out "to the extent" and all that follows through the end and inserting in lieu thereof the following: "in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code. The court's authority to lower a sentence under this subdivision includes the authority to lower such sentence to a level below that established by statute as a minimum sentence. (b) The amendment made by this section shall take effect on the Effective date, date of the taking effect of rule 350)) of the Federal Rules of ISUSCapp. Criminal Procedure, as amended by section 215(b) of the Com- prehensive Crime Control Act of 1984. Subtitle B—Drug Possession Penalty Act of 1986 Drug Possession Penalty Act of SEC. 105L SHORT TITLE. 1986. 21 u s e 801 note. This subtitle may be cited as the "Drug Possession Penalty Act of 1986". SEC. 1052. PENALTY FOR SIMPLE POSSESSION. Section 404 of the Controlled Substances Act (21 U.S.C. 844) is amended to read as follows: PENALTY FOR SIMPLE POSSESSION "SEC. 404. (a) It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this title or title III. 21 u s e 951. Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000 but not more than $5,000, or both, except that if he commits such offense after a prior conviction under this title or title III, or a prior conviction for any drug or narcotic offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500 but not more than $10,000, except, further, that if he commits such offense after two or more prior convictions under this title or title III, or two or more prior convictions for any drug or narcotic offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000 but not more than $25,000. The imposition or execution of a minimum sentence re- quired to be imposed under this subsection shall not be suspended or deferred. Further, upon conviction, a person who violates this subsection shall be fined the reasonable costs of the investigation and prosecution of the offense, including the costs of prosecution of an offense as defined in sections 1918 and 1920 of title 28, United
100 STAT. 3207-9 PUBLIC LAW 99-570—OCT. 27, 1986 States Code, except that this sentence shall not apply and a fine under this section need not be imposed if the court determines under the provision of title 18 that the defendant lacks the ability to pay. "(bXD If any person who has not previously been convicted of violating subsection (a) of this section, any other provision of this o<p ;j subchapter or subchapter II of this chapter, or any other law of the United States relating to narcotic drugs, marihuana, or depresssint or stimulant substances, is found guilty of a violation of subsection (a) of this section after trial or upon a plea of guilty, the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him on probation upon such reasonable conditions £is it may require and for such period, not to exceed one year, as the court may prescribe. Upon violation of ; *.' a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against such person and dis- charge him from probation before the expiration of the maximum period prescribed for such person's probation. If during the period of ' his probation such person does not violate any of the conditions of the probation, then upon expiration of such period the court shall /. - discharge such person and dismiss the proceedings against him. Discharge and dismissal under this subsection shall be without court adjudication of guilt, but a nonpublic record thereof shall be re- tained by the Department of Justice solely for the purpose of use by the courts in determining whether or not, in subsequent proceed- ings, such person qualifies under this subsection. Such discharge or dismissal shall not be deemed a conviction for purposes of disquali- fications or disabilities imposed by law upon conviction of a crime (including the penalties prescribed under this part for second or subsequent convictions) or for any other purpose. Discharge and dismissal under this section may occur only once with respect to any person. "(2) Upon the discharge of such person and dismissal of the ;r.t' • proceedings against him under paragraph (1) of this subsection, such person, if he was not over twenty-one years of age at the time of the offense, may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained by the Department of Justice under paragraph (1)) all recordation relating to his arrest, indictment or information, tried, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after hearing, that such person was dismissed and the proceedings against him discharged and that he was not over twenty-one years of age at the time of the offense, it shall enter such order. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or indictment or information. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose. "(c) As used in this section, the term 'drug or narcotic offense' means any offense which proscribes the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspir- acy to possess, distribute, manufacture, cultivate, sell or transfer
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-10 any substance the possession of which is prohibited under this title.". Subtitle C—Juvenile Drug Trafficking Act of 1986 Juvenile Drug Trafficking Act SEC. 1101. SHORT TITLE. of 1986. 21 u s e 801 note. This subtitle may be cited as the "Juvenile Drug Trafficking Act of 1986". SEC. 1102. OFFENSE. Part D of the Controlled Substances Act is amended by adding Post, p. 3207-11. after section 405A a new section as follows: EMPLOYMENT OR USE OF PERSONS UNDER 18 YEARS OF AGE IN DRUG OPERATIONS "SEC. 405B. (a) It shall be unlawful for any person at legist 21 u s e 845b. eighteen years of age to knowingly and intentionally— "(1) employ, hire, use, persuade, induce, entice, or coerce, a person under eighteen years of age to violate any provision of this title or title III; or 21 u s e 951. "(2) employ, hire, use, persuade, induce, entice, or coerce, a person under eighteen years of age to assist in avoiding detec- tion or apprehension for any offense of this title or title III by any Federal, State, or local law enforcement official. "(b) Any person who violates subsection (a) is punishable by a Penalties. term of imprisonment up to twice that otherwise authorized, or up to twice the fine otherwise authorized, or both, and at least twice any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is other- wise provided, a term of imprisonment under this subsection shall not be less than one year. "(c) Any person who violates subsection (a) after a prior conviction or convictions under subsection (a) of this section have become final, is punishable by a term of imprisonment up to three times that otherwise authorized, or up to three times the fine otherwise au- thorized, or both, and at least three times any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of impris- onment under this subsection shall not be less than one year. "(d) Any person who violates section 405B(a) (1) or (2) "(1) by knowingly providing or distributing a controlled sub- stance or a controlled substance analogue to any person under eighteen years of age; or "(2) if the person employed, hired, or used is fourteen years of age or younger, shall be subject to a term of imprisonment for not more than five years or a fine of not more than $50,000, or both, in addition to any other punishment authorized by this section. "(e) In any case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under this section of an offense for which a mandatory minimum term of imprisonment is applicable shall not be eligible for parole under section 4202 of title 18, United States (Dode, until the individual has served the mandatory term of imprisonment required by section 401(b) as enhanced by this section.
100 STAT. 3207-11 PUBLIC LAW 99-570—OCT. 27, 1986 "(f) Except as authorized by this title, it shall be unlawful for any person to knowingly or intentionally provide or distribute any controlled substance to a pregnant individual in violation of any provision of this title. Any person who violates this subsection shall be subject to the provisions of subsections (b), (c), and (e).". SEC. 1103. TECHNICAL AMENDMENTS. (a) Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by striking out "or 405A" and inserting in lieu Infra; ante, p. thereof ", 405A, or 405B". 3207-10. (b) Section 401(c) of the Controlled Substances Act (21 U.S.C. 841(c)) is amended by striking out "405A" each place it appears and inserting in lieu thereof ", 405A, or 405B". SEC. 1104. MANUFACTURING A CONTROLLED SUBSTANCE WITHIN 1,000 FEET OF A COLLEGE. '^' • - • (a) Section 405A of the Controlled Substances Act (21 U.S.C. 845a) is amended by inserting "or manufacturing" after "distributing" wherever it appears and by striking out "a public or private elementary or secondary school" wherever it appears and inserting in lieu thereof "a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university". (b) Section 405A(a) of the Controlled Substances Act (21 U.S.C. , 845a(a)) is amended by striking out "involving the same controlled (c) Section 405A(b) of the Controlled Substances Act (21 U.S.C. 845a(b)) is amended by striking out "(1) by" and all that follows through the end and inserting the following in lieu thereof: "(1) by the greater of (A) a term of imprisonment of not less than three years and not more than life imprisonment or (B) a term of imprisonment of up to three times that authorized by Supra. section 401(b) of this title for a first offense, or a fine up to three times that authorized by section 401(b) of this title for a first offense, or both, and (2) at least three times any term of supervised release authorized by section 401(b) of this title for a first offense.". SEC. 1105. IMPRISONMENTS. (a) Section 405(a) of the Controlled Substances Act (21 U.S.C. 845(a)) is amended by adding the following at the end thereof: "Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than one year.". Qo) Section 405(b) of the Controlled Substances Act (21 U.S.C. 845(b)) is amended by adding the following at the end thereof: "Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than one year. The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.". (c) Section 405A(a) of the Controlled Substances Act (21 U.S.C. 845a(a)) is amended by adding the following at the end thereof: "Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than one year. The mandatory minimum
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-12 sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.". Subtitle D—Assets Forfeiture Amendments Act of 1986 Department of Justice Assets SEC. 1151. SHORT TITLE. Forfeiture Fund This subtitle may be cited as the "Department of Justice Assets Amendments Act of 1986. Forfeiture Fund Amendments Act of 1986", 28 u s e 1 note. SEC. 1152. ASSET FORFEITURE FUNDS. (a)(1) DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND.—Subsec- tion (c) of section 524 of title 28, United States Code, is amended— (2) by inserting at the end of subparagraph (A) of paragraph (1) the following: "such payments may also include those, made Contracts. pursuant to regulations promulgated by the Attorney General, that are necessary and direct program-related expenses for the ' purchase or lease of automatic data processing equipment (not less than 90 percent of which use will be program related), training, printing, contracting for services directly related to the processing of and accounting for forfeitures, and the storage, protection, and destruction of controlled substances;"; (3) by inserting after subparagraph (A) of paragraph (1) the following new subparagraph and renumbering the subsequent subparagraphs appropriately; "(B) the payment of awards for information or assistance directly relating to violations of the criminal drug laws of the United States;"; (4) by amending newly designated subparagraph (F) of para- graph (1) to read as follows: "(F) for equipping for drug law enforcement functions Transportation, any government-owned or lesised vessels, vehicles, and air- i,j craft available for official use by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Immigration and Naturalization Service, or the United States Marshals Service; and"; (5) by striking out in paragraph (4) "remaining after payment of expenses for forfeiture and sale authorized by law" and inserting in lieu thereof ", except all proceeds of forfeitures available for use by the Secretary of the Treasury or the Secretary of the Interior pursuant to section 11(d)) of the Endan- gered Species Act (16 U.S.C 1540(d)) or section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))"; and (6) by striking out paragraph (8) and renumbering paragraph (9) as paragraph (8). (b) CUSTOMS FORFEITURE FUND.— (1) Section 613a of the Tariff Act of 1930 (19 U.S.C. 1613a) as added by Public Law 98-473, is amended— 98 Stat. 1837. (B) by amending paragraph (3) of subsection (a) to read as follows: "(3) for equipping for law enforcement functions any govern- Transportation, ment-owned or leased vessels, vehicles, and aircraft available for official use by the United States Customs Service; and"; and (C) by striking out subsection (h). (2) Section 613a of the Tariff Act of 1930 (19 U.S.C. 1613b) as added by Public Law 98-573, is repealed. 19 USC 1654 note.
100 STAT. 3207-13 PUBLIC LAW 99-570—OCT. 27, 1986 SEC. 1153. SUBSTITUTE ASSETS. . - . - - . .„.,,, (a) Section 1963 of title 18 is amended by adding at the end thereof a new subsection, as follows: *r "(n) If any of the property described in subsection (a), as a result of any act of omission of the defendant— "(1) cannot be located upon the exercise of due diligence; "(2) has been transferred or sold to, or deposited with, a third party; (3) has been placed beyond the jurisdiction of the court; "(4) has been substantially diminished in value; or "(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5).". 21 use 853. (b) Section 413 of title II of the Comprehensive Drug Abuse Prevention and Control Act of 1975 is amended— (1) by redesignating subsection "(p)" as subsection "(q)"; and (2) by adding a new subsection (p) as follows: "(p) If any of the property described in subsection (a), as a result of any act or omission of the defendant— "(1) cannot be located upon the exercise of due diligence; "(2) has been transferred or sold to, or deposited with, a third party; "(3) has been placed beyond the jurisdiction of the court; "(4) has been substantially diminished in value; or "(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs ' • (1) through (5).". Controlled Subtitle E—Controlled Substance Analogue Enforcement Act of Substance 1986 Analogue Enforcement Act of 1986. SEC. 1201. SHORT TITLE. 21 u s e 801 note. This subtitle may be cited as the "Controlled Substance Analogue Enforcement Act of 1986". SEC. 1202. TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES. Part B of the Controlled Substances Act is amended by adding at the end the following new section: dvC TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES 21 use 813. "SEC. 203. A controlled substance analogue shall, to the extent 21 use 951. intended for human consumption, be treated, for the purposes of this title and title III as a controlled substance in schedule I.". SEC. 1203. DEFINITION. Section 102 of the Controlled Substances Act (21 U.S.C. 802) is ' '' amended by adding at the end thereof the following: "(32)(A) Except as provided in subparagraph (B), the term 'controlled substance analogue' means a substance— "(i) the chemical structure of which is substantially simi- *• lar to the chemical structure of a controlled substance in ^'^ c^'? schedule I or II;
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-14 itm'--K "(ii) which has a stimulant, depressant, or hallucmogenic effect on the central nervous system that is substantially similar to or greater than the stimulent, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or "(iii) with respect to a particular person, which such person represents or intends to have a stimulent, depres- sant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimu- lant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II. >• » "(B) Such term does not include— "(i) a controlled substance; "(ii) any substance for which there is an approved new drug application; •'- "(iii) with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with '•-*» t respect to such substance is pursuant to such exemption; or / -' "(iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.". SEC. 1204. CLERICAL AMENDMENT. The table of contents of the Comprehensive Drug Abuse Preven- tion and Control Act of 1970 is amended by inserting after the item relating to section 202 the following new item: "Sec. 203. Treatment of controlled substance analogues.". Subtitle F—Continuing Drug Enterprise Act of 1986 Continuing Drug ' '' Enterprises Act SEC. 1251. SHORT TITLE. of 1?86. 21 u s e 801 note. This subtitle may be cited as the "Continuing Drug Enterprises Act of 1986". SEC. 1252. INCREASED PENALTIES. Section 408(a) of the Controlled Substances Act (21 U.S.C. 848(a)) is amended— (1) by striking out "to a fine of not more than $100,000," and " " inserting in lieu thereof "to a fine not to exceed the greater of . , that authorized in accordance with the provisions of title 18, t x United States Code, or $2,000,000 if the defendant is an individ- ual or $5,000,000 if the defendant is other than an individual,"; and (2) hy striking out "to a fine of not more than $200,000," and ,l ^ inserting in lieu thereof "to a fine not to exceed the greater of " twice the amount authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual,". SEC. 1253. CONTINUING CRIMINAL ENTERPRISE ENHANCED PENALTIES. Section 408 of the Controlled Substances Act (21 U.S.C. 848) is further amended— (1) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and 71-194 0 - 89 - n : QL. 3 Part4
100 STAT. 3207-15 PUBLIC LAW 99-570—OCT. 27, 1986 (2) by inserting the following new subsection after subsection ^ (a); "(h) Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a),if- "(1) such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and "(2XA) the violation referred to in subsection (dXD involved at least 300 times the quantity of a substance described in subsec- 21 use 841. tion 401(bXlXB) of this Act, or "(B) the enterprise, or any other enterprise in which the defendant was the principal or one of several principal adminis- trators, organizers, or leaders, received $10 million dollars in gross receipts during any twelve-month period of its existence ) for the manufacture, importation, or distribution of a substance ;' described in section 401(bXlXB) of this Act." t Controlled i Subtitle G—Controlled Substances Import and Export Act Substances Penalties Enhancement Act of 1986 Import and Ferities ^^^- *3®1- SHORT TITLE. '" Enhancement This subtitle may be cited as the "Controlled Substances Import 21^1180 801 note and Export Penalties Enhancement Act of 1986.". , ^^.,.^ . , \ ,^ SEC. 1302. ENHANCED PENALTIES. (a) Section 10100)) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by striking out paragraphs (1) and (2) and inserting the , ,, , following in lieu thereof: (J "(1) In the case of a violation of subsection (a) of this section involving— .aioit .v.. ;..> .:. "(^) i kilogram or more of a mixture or substance containing ^ a detectable amount of heroin; "(B) 5 kilograms or more of a mixture or substance containing a detectable amount of— j,j (, "(i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of |.,j^„ ecgonine or their salts have been removed; I ' (ii) cocaine, its salts, optical and geometric isomers, and salts or isomers; "(iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or "(iv) any compound, mixture, or preparation which con- Q„,. tains any quantity of any of the substances referred to in V clauses (i) through (iii); "(C) 50 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; "(D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); "(E) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); "(F) 40() grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[l-(2-phenylethyl)-4- piperidinyl] propanamide or 100 grams or more of a mixture or
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-16 substance containing a detectable amount of any analogue of N-phenyl-N-[l-(2-phenylethyl)-4-piperidinyl] propanamide; or "(G) 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana; the person committing such violation shall be sentenced to a term of imprisonment of not less than 10 years and not more than life and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than 20 years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convic- tions for an offense punishable under this subsection, or for a felony under any other provision of this title or title II or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprison- ment of not less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $8,000,000 if the defendant is an individual or $20,000,000 if the defendant is other than an individual, or both. Any sentence under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein. "(2) In the case of a violation of subsection (a) of this section involving— "(A) 100 grams or more of a mixture or substance containing noi a detectable amount of heroin; "(B) 500 grams or more of a mixture or substance containing a detectable amount of— "(i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; "(ii) cocaine, its salts, optical and geometric isomers, and salts or isomers; "(iii) ecgonine, its derivatives, their salts, isomers, and "-'^ salts of isomers; or "(iv) any compound, mixture, or preparation which con- tains any quantity of any of the substances referred to in clauses (i) through (iii); "(C) 5 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; "(D) 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); "(E) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
100 STAT. 3207-17 PUBLIC LAW 99-570—OCT. 27, 1986 "(F) 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[l-(2-phenylethyl)-4- piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of "^ N-phenyl-N-[l-(2-phenylethyl)-4-piperidinyl] propanamide; or '(G) 100 kilogreuns or more of a mixture or substance contain- ing a detectable amount of marihuana; the person committing such violation shall be sentenced to a term of imprisonment of not less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individ- ual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this title or title II or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposed under this paragraph shall, in the absence of such a prior conviction, include a term of suspervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior convic- tion, include a term of suspervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein. "(3) In the case of a violation under subsection (a) of this section involving a controlled substance in schedule I or II, the person committing such violation shall, except as provided in paragraphs (1), (2), and (4), be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provi- sions of title 18, United States Code, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individ- ual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this subsec- tion, or for a felony under any other provision of this title or title II or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18,
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-18 United States Code, or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this para- graph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding the prior sentence, and notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this paragraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term o^ such a sentence.". (b) Section 1010(b)(4) of the Controlled Substances Import and Ante, p. 3207-15. Export Act (21 U.S.C. 960(b)(4)), as redesignated, is amended— (1) by striking out ", except as provided in paragraph (4)"; (2) by striking out "fined not more than $50,000" and insert- ing in lieu thereof "fined not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual"; and (3) by inserting "except in the case of 100 or more marihuana plants regardless of weight," after "marihuana,". Subtitle H—Money Laundering Control Act of 1986 Money Laundering SEC. 1351. SHORT TITLE. Control Act of 1986. This subtitle may be cited as the "Money Laundering Control Act 18 USC 981 note. of 1986". SEC. 1352. NEW OFFENSE FOR LAUNDERING OF MONETARY INSTRUMENTS. (a) Chapter 95 of title 18, United States Code, is amended by adding at the end thereof the following: "§ 1956. Laundering of monetary instruments 18 USC 1956. "(a)(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activ- ity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity— "(A) with the intent to promote the carrying on of specified unlawful activity; or "(B) knowing that the transaction is designed in whole or in part— "(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of V specified unlawful activity; or «^ "(ii) to avoid a transaction reporting requirement under State or Federal law, shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both. "(2) Whoever transports or attempts to transport a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States—
100 STAT. 3207-19 PUBLIC LAW 99-570—OCT. 27, 1986 "(A) with the intent to promote the carrying on of specified unlawful activity; or "(B) knowing that the monetary instrument or funds involved in the transportation represent the proceeds of some form of unlawful activity and knowing that such transportation is de- • signed in whole or in part— * "(i) to conceal or disguise the nature, the location, the • source, the ownership, or the control of the proceeds of specified unlawful activity; or "(ii) to avoid a transaction reporting requirement under State or Federal law, shall be sentenced to a fine of $500,000 or twice the value of the monetary instrument or funds involved in the transportation, whichever is greater, or imprisonment for not more than twenty .5i-Tass q , iv years, or both. "(b) Whoever conducts or attempts to conduct a transaction de- scribed in subsection (a)(1), or a transportation described in sub- section (a)(2), is liable to the United States for a civil penalty of not more than the greater of— "(1) the value of the property, funds, or monetary instruments involved in the transaction; or "(2) $10,000. "(c) As used in this section— "(1) the term 'knowing that the property involved in a finan- cial transaction represents the proceeds of some form of unlaw- ' ' ful activity' means that the person knew the property involved ^. ,' in the transaction represented proceeds from some form, though v., not necessarily which form, of activity that constitutes a felony -mn : «i. fj- , r under State or Federal law, regardless of whether or not such activity is specified in paragraph (7); "(2) the term 'conducts includes initiating, concluding, or participating in initiating, or concluding a transaction; "(3) the term 'transaction' includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, 08U transfer between accounts, exchange of currency, loan, exten- sion of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected; "(4) the term 'financial transaction' means a transaction involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects interstate or foreign commerce, or a trans- action involving the use of a financial institution which is engaged in, or the activities of which affect, interstate or foreign commerce in any way or degree; "(5) the term 'monetary instruments' means coin or currency :-•. of the United States or of any other country, travelers' checks, personal checks, bank checks, money orders, investment securi- ties in bearer form or otherwise in such form that title thereto passes upon delivery, and negotiable instruments in bearer form or otherwise in such form that title thereto passes upon delivery; "(6) the term 'financial institution' has the definition given that term in section 5312(a)(2) of title 31, United States C!ode, and the regulations promulgated thereunder; ^„ . ^ „.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-20 •'& "(7) the term 'specified unlawful activity' means— '< "(A) any act or activity constituting an offense listed in section 1961(1) of this title except an act which is indictable 18 USC 1961. under the Currency and Foreign Transactions Reporting Act; 84 Stat. 1118. "(B) with respect to a financial transaction occurring in ^|,<.Y^^ note. ^^^^ whole or in part in the United States, an offense against a foreign nation involving the manufacture, importation, } sale, or distribution of a controlled substance (as such term is defined for the purposes of the Controlled Substances •^Ir; Act); 21 USC 801 note. °.', "(C) any act or acts constituting a continuing criminal enterprise, as that term is defined in section 408 of the G. Controlled Substances Act (21 U.S.C. 848); or 5g> "(D) an offense under section 152 (relating to concealment 18 USC 152. kr^ijis i of assets; false oaths and claims; bribery), section 215 (relat- ing to commissions or gifts for procuring loans), any of sections 500 through 503 (relating to certain counterfeiting itiU r:? offenses), section 511 (relating to securities of States and •:iD-i private entities), section 543 (relating to smuggling goods into the United States), section 641 (relating to public -f money, property, or records), section 656 (relating to theft, embezzlement, or misapplication by bank officer or em- ployee), section 666 (relating to theft or bribery concerning • m o a i j 8; programs receiving Federal funds), section 793, 794, or 798 (relating to espionage), section 875 (relating to interstate communications), section 1201 (relating to kidnaping), sec- tion 1203 (relating to hostage taking), section 1344 (relating to bank fraud), or section 2113 or 2114 (relating to bank and postal robbery and theft) of this title, section 38 of the Arms ,^.4 Export Control Act (22 U.S.C. 2778), section 2 (relating to criminal penalties) of the Export Administration Act of 1979 (50 U.S.C. App. 2401), section 203 (relating to criminal ..ijj sanctions) of the International Emergency Economic 10 Powers Act (50 U.S.C. 1702), or section 3 (relating to crimi- nal violations) of the Trading with the Enemy Act (50 U.S.C. App. 3). m. :MU it "(d) Nothing in this section shall supersede any provision of ?*? Federal, State, or other law imposing criminal penalties or affording civil remedies in addition to those provided for in this section. "(e) Violations of this section may be investigated by such compo- nents of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate. Such Sh'j^'f >«^' -i authority of the Secretary of the Treasury shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General. "(f) There is extraterritoriEd jurisdiction over the conduct prohib- ited by this section if— "(1) the conduct is by a United States citizen or, in the case of a non-United States citizen, the conduct occurs in part in the United States; and "(2) the transaction or series of related transactions involves funds or monetary instruments of a value exceeding $10,000.
100 STAT. 3207-21 PUBLIC LAW 99-570—OCT. 27, 1986 18 use 1957. "§ 1957. Engaging in monetary transactions in property derived from speciHed unlawful activity "(a) Whoever, in any of the circumstances set forth in subsection (d), knowingly engages or attempts to engage in a monetary trans- ' : -j^,'_ action in criminally derived property of a value greater than $10,000 ' , and is derived from specified unlawful activity, shall be punished as provided in subsection O^)- "03)(1) Except as provided in paragraph (2), the punishment for an offense under this section is a fine under title 18, United States Code, or imprisonment for not more than ten years, or both. ;;f>a ro ;c "(2) The court may impose an alternate fine to that imposable under paragraph (1) of not more than twice the amount of the criminally derived property involved in the transaction. "(c) In a prosecution for an offense under this section, the Govern- Sfij :>gij 8J ment is not required to prove the defendant knew that the offense from which the criminally derived property was derived was speci- fied unlawful activity. "(d) The circumstances referred to in subsection (a) are— ? "(1) that the offense under this section takes place in the • IJ United States or in the special maritime and territorial jurisdic- Z tion of the United States; or + "(2) that the offense under this section takes place outside the ' United States and such special jurisdiction, but the defendant is 18 use 3077. a United States person (as defined in section 3077 of this title, but excluding the class described in paragraph (2)(D) of such ^ section). "(e) Violations of this section may be investigated by such compo- nents of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate. Such authority of the Secretary of the Treasury shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General. "(f) As used in this section— "(1) the term 'monetary transaction' means the deposit, with- drawal, transfer, or exchange, in or affecting interstate or foreign commerce, of funds or a monetary instrument (as de- 31 use 5311 et fined for the purposes of subchapter II of chapter 53 of title 31) seq. by, through, or to a financial institution (as defined in section X 5312 of title 31); "(2) the term 'criminally derived property' means any prop- erty constituting, or derived from, proceeds obtained from a criminal offense; and V "(3) the term 'specified unlawful activitv' has the meaning 18 use 1956. given that term in section 1956 of this title.'. (b) The table of sections at the beginning of chapter 95 of title 18 is amended by adding at the end the following new items: "1956. Laundering of monetary instruments. "1957. Engaging in monetary transactions in property derived from specified unlaw- ful activity.". SEC. 1353. AMENDMENTS TO THE RIGHT TO FINANCIAL PRIVACY ACT. (a) CLARIFICATION OF RIGHT OF FINANCIAL INSTITUTIONS TO REPORT SUSPECTED VIOLATIONS.—Section 1103(c) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3403(c)) is amended by adding at the end thereof the following new sentences: "Such information may
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-22 include only the name or other identifying information concerning any individual or account involved in and the nature of any sus- pected illegal activity. Such information may be disclosed notwith- standing any constitution, law, or regulation of any State or political subdivision thereof to the contrary. Any financial institution, or fn: 3H:J officer, employee, or agent thereof, making a disclosure of informa- tion pursuant to this subsection, shall not be liable to the customer under any law or regulation of the United States or any constitu- tion, law, or regulation of any State or political subdivision thereof, for such disclosure or for any failure to notify the customer of such disclosure.". (b) Section 1113(i) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3413(i)) is amended by inserting immediately before the period at the end thereof a comma and the following: except that a court shall have authority to order a financial institution, on which a grand jury subpoena for customer records has been served, not to notify the customer of the existence of the subpoena or information that h£is been furnished to the grand jury, under the circumstances and for the period specified and pursuant to the procedures estab- lished in section 1109 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3409)". SEC. 1354. STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS PROHIBITED. (a) I N GENERAL.—Subchapter II of chapter 53 of title 31, United States (Dode (relating to records and reports on monetary in- struments transactions) is amended by adding at the end thereof the following new section: "§ 5324. Structuring transactions to evade reporting requirement 31 USC 5324. prohibited "No person shall for the purpose of evading the reporting require- ments of section 5313(a) with respect to such transaction— 31 USC 5313. "(1) cause or attempt to cause a domestic financial institution to fail to file a report required under section 5313(a); "(2) cause or attempt to cause a domestic financial institution to file a report required under section 5313(a) that contains a material omission or misstatement of fact; or 't "(3) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more domestic financial institutions.". (b) (I!LERICAL AMENDMENT.—The table of sections for chapter 53 of title 31, United States C!ode, is amended by adding at the end thereof the following new item: "5324. Structuring transactions to evade reporting requirement prohibited.". SEC. 1355. SEIZURE AND CIVIL FORFEITURE OF MONETARY IN- STRUMENTS AND RELATED PROVISIONS. (a) CUSTOMS AuTHORiry TO CONDUCT SEARCHES AT BORDER.—Sec- tion 5317(b) of title 31, United States Code, is amended to read as follows: "Q)) SEARCHES AT BORDER.—For purposes of ensuring compliance with the requirements of section 5316, a customs officer may stop 31 USC 5316. and search, at the border and without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other con- tainer, and any person entering or departing from the United States.".
100 STAT. 3207-23 PUBLIC LAW 99-570—OCT. 27, 1986 (b) FAILURE TO REPORT EXPORT OR IMPORT OF MONETARY IN- STRUMENT.—The first sentence of section 5317(c) of title 31, United States Code (relating to seizure and forfeiture of monetary in- struments in foreign commerce) is amended to read as follows: "If a 31 use 5316. report required under section 5316 with respect to any monetary instrument is not filed (or if filed, contains a material omission or misstatement of fact), the instrument and any interest in property, including a deposit in a financial institution, traceable to such instrument may be seized and forfeited to the United States Government.". SEC. 1356. COMPLIANCE AUTHORITY FOR SECRETARY OF THE TREASURY AND RELATED MATTERS. (a) SUMMONS POWER.—Section 5318 of title 31, United States C!ode, is amended— (1) by inserting "(a) GENERAL POWERS OF SECRETARY.—" before "The Secretary of the Treasury"; (2) in paragraph (1), by inserting "except as provided in sul)section (bX2)," before "delegate"; (3) by striking out "and" at the end of paragraph (2); (4) by I inserting '; after 1 paragraph (2) the following new rMi paragraphs: "(3) examine any books, papers, records, or other data of f,^j^: domestic financial institutions relevant to the recordkeeping or .1^^ reporting requirements of this subchapter; ,^< "(4) summon a financieil institution, an officer or employee of a financial institution (including a former officer or employee), or any person having possession, custody, or care of the reports ^Shr D=^»j ig liig and records required under this subchapter, to appear before the Secretary of the Treasury or his delegate at a time and ^5.5 place named in the summons and to produce such books, papers, i'iJo ;)8'j iS records, or other data, and to give testimony, under oath, as ^oi may be relevant or material to an investigation described in subsection (b); and"; (5) by redesignating paragraph (3) as paragraph (5); and (6) by adding at the end the following new subsections: "(b) LIMITATIONS ON SUMMONS POWER.— m.L "(1) SCOPE OF POWER.—The Secretary of the Treasury may 91c take any action described in paragraph (3) or (4) of subsection (a) only in connection with investigations for the purpose of civil enforcement of violations of this subchapter, section 21 of the 12 use 1829b. Federgd Deposit Insurance Act, section 411 of the National 12 use I730d. Housing Act, or chapter 2 of Public Law 91-508 (12 U.S.C. 1951 et seq.) or any regulation under any such provision. "(2) AUTHORITY TO ISSUE.—A summons may be issued under •m subsection (aX4) only by, or with the approval of, the Secretary of the Treasury or a supervisory level delegate of the Secretary of the Treasury. "(c) ADMINISTRATIVE ASPECTS OF SUMMONS.— "(1) PRODUCTION AT DESIGNATED SITE.—A summons issued «>i: pursuant to this section may require that books, papers, records. ' >E[J I: or other data stored or maintained at any place be produced at any designated location in any State or in any territory or other place subject to the jurisdiction of the United States not more than 500 miles distant from any place where the financial institution operates or conducts business in the United States.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-24 "(2) FEES AND TRAVEL EXPENSES.—Persons summoned under this section shall be paid the same fees and mileage for travel in the United States that are paid witnesses in the courts of the United States. "(3) No LIABILITY FOR EXPENSES.—The United States shall not be liable for any expense, other than an expense described in paragraph (2), incurred in connection with the production of books, papers, records, or other data under this section. "(d) SERVICE OF SUMMONS.—Service of a summons issued under this section may be by registered mail or in such other manner calculated to give actual notice as the Secretary may prescribe by regulation. "(e) CONTUMACY OR REFUSAL.— "(1) REFERRAL TO ATTORNEY GENERAL.—In case of contumacy -<;$/ > - ,; by a person issued a summons under paragraph (3) or (4) of subsection (a) or a refusal by such person to obey such sum- mons, the Secretary of the Treasury shall refer the matter to the Attorney General. -: "(2) JURISDICTION OF COURT.—The Attorney General may invoke the aid of any court of the United States within the jurisdiction of which— "(A) the investigation which gave rise to the summons is being or has been carried on; "(B) the person summoned is an inhabitant; or "(C) the person summoned carries on business or may be found, ' to compel compliance with the summons. *' "(3) COURT ORDER.—The court may issue an order requiring the person summoned to appear before the Secretary or his delegate to produce books, papers, records, and other data, to give testimony as may be necessary to explain how such mate- _,,,,. rial was compiled and maintained, and to pay the costs of the proceeding. ,, , "(4) FAILURE TO COMPLY WITH ORDER.—Any failure to obey the order of the court may be punished by the court as a contempt thereof. "(5) SERVICE OF PROCESS.—All process in any case under this subsection may be served in any judicial district in which such person may be found.". (b) AMENDMENT RELATING TO EXEMPTIONS GRANTED FOR MONE- TARY TRANSACTION REPORTING REQUIREMENTS.—Section 5318 of title 31, United States Code, is amended by adding after subsection (e) (as added by subsection (a) of this section) the following new subsection: "(f) WRITTEN AND SIGNED STATEMENT REQUIRED.—No person shall qualify for an exemption under subsection (a)(5) unless the relevant financial institution prepares and maintains a statement which— ' "(1) describes in detail the reasons why such person is quali- fied for such exemption; and "(2) contains the signature of such person.". (c) CONFORMING AMENDMENTS.— (1) Sections 5321 and 5322 of title 31, United States Code, are each amended by striking out "5318(2)" each place such term appears and inserting in lieu thereof "5318(a)(2)". Ante, p. 3207-23. (2) The heading of section 5318 of title 31, United States Code, is amended to read as follows:
100 STAT. 3207-25 PUBLIC LAW 99-570—OCT. 27, 1986 "§ 5318. Compliance, exemptions, and summons authority". (d) CLERICAL AMENDMENT.—The table of sections for chapter 53 of title 31, United States Code, is amended by striking out the item relating to section 5318 and inserting in lieu thereof the following: "5318. Compliance, exemptions, and summons authority.". " , •, SEC. 1357. PENALTY PROVISIONS. (a) CIVIL MONEY PENALTY FOR STRUCTURED TRANSACTION VIOLA- TION.—Section 5321(a) of title 31, United States Code, is amended by adding at the end thereof the following new paragraph: "(4) STRUCTURED TRANSACTION VIOLATION.— "(A) PENALTY AUTHORIZED.—The Secretary of the Treasury may impose a civil money penalty on any person who willfully 31 use 5324. violates any provision of section 5324. "(B) MAXIMUM AMOUNT LIMITATION.—The amount of any civil money penalty imposed under subparagraph (A) shall not exceed the amount of the coins and currency (or such other monetary instruments as the Secretary may prescribe) involved in the transaction with respect to which such penalty is *: imposed. "(C) COORDINATION WITH FORFEITURE PROVISION.—The amount ft of any civil money penalty imposed by the Secretary under subparagraph (A) shall be reduced by the amount of any forfeit- ure to the United States under section 5317(d) in connection with the transaction with respect to which such penalty is imposed.". (b) INCREASE IN AMOUNT OF PENALTY FOR FINANCIAL INSTITU- TIONS.—Section 5321(a)(1) of title 31, United States Code, is amended— (1) by striking out "$10,000" and inserting in lieu thereof "the greater of the amount (not to exceed $100,000) involved in the transaction or $25,000"; and (2) by striking out "section 5315" each place such term ap- pears and inserting in lieu thereof "sections 5314 and 5315". (c) SEPARATE CIVIL MONEY PENALTY FOR VIOLATION OF SECTION 5314.—Section 5321(a) of title 31, United States Code, is amended by inserting after paragraph (4) (as added by subsection (a) of this section) the following new paragraph: "(5) FOREIGN FINANCIAL AGENCY TRANSACTION VIOLATION.— "(A) PENALTY AUTHORIZED.—The Secretary of the Treasury may impose a civil money penalty on any person who willfully violates any provision of section 5314. "(B) MAXIMUM AMOUNT LIMITATION.—The amount of any civil money penalty imposed under subparagraph (A) shall not exceed— "(i) in the case of violation of such section involving a fi transaction, the greater of— -it? ? "(I) the amount (not to exceed $100,000) of the trans- action; or "(II) $25,000; and (ii) in the case of violation of such section involving a 3;?-; failure to report the existence of an account or any identify- . ing information required to be provided with respect to s Obig a I f such account, the greater of— ,i>Ki "(I) an amount (not to exceed $100,000) equal to the balance in the account at the time of the violation; or
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-26 "(II) $25,000.". 'O-' - *H ; vd VI (d) SEPARATE CIVIL MONEY PENALTY FOR NEGLIGENT VIOLATION OF SUBCHAPTER.—Section 5321(a) of title 31, United States Code, is amended by inserting after paragraph (5) (as added by subsection (d) of this section) the following new paragraph: "(6) NEGLIGENCE.—The Secretary of the Treasury may impose a civil money penalty of not more than $500 on any financial institu- tion which negligently violates any provision of this subchapter or any regulation prescribed under this subchapter.". (e) EXTENSION OF TIME LIMITATIONS FOR ASSESSMENT OF CIVIL PENALTY.—Section 5321(b) of title 31, United States Code, is amended to read as follows: "(b) TIME LIMITATIONS FOR ASSESSMENTS AND COMMENCEMENT OF CIVIL ACTIONS.— "(1) ASSESSMENTS.—The Secretary of the Treasury may assess a civil penalty under subsection (a) at any time before the end of the 6-year period beginning on the date of the transaction with respect to which the penalty is assessed. "(2) CIVIL ACTIONS.—The Secretary may commence a civil is : , ,•' , action to recover a civil penalty assessed under subsection (a) at any time before the end of the 2-year period beginning on the later of— . ,. "(A) the date the penalty was assessed; or .. ,» "(B) the date any judgment becomes final in any criminal action under section 5322 in connection with the same transaction with respect to which the penalty is assessed.". (f) CLARIFICATION OF RELATIONSHIP BETWEEN CIVIL PENALTY AND CRIMINAL PENALTY.—Section 5321 of title 31, United States Code, is amended by adding at the end thereof the following new subsection: "(d) CRIMINAL PENALTY NOT EXCLUSIVE OF CIVIL PENALTY.—A civil money penalty may be imposed under subsection (a) with respect to any violation of this subchapter notwithstanding the fact that a criminal penalty is imposed with respect to the same violation.". (g) AMENDMENTS TO CRIMINAL PENALTY FOR CERTAIN OFFENSES.— Section 5322(b) of title 31, United States Code, is amended— (1) by striking out "illegal activity involving transactions o f and inserting in lieu thereof "any illegal activity involving"; and (2) by striking out "5 years" and inserting in lieu thereof "10 years". (h) CONFORMING AMENDMENT.—Section 5321(c) of title 31, United States Code, is amended by striking out "section 5317(b)" and insert- ing in lieu thereof "subsection (c) or (d) of section 5317". 31 USC 5316. SEC. 1358. MONETARY TRANSACTION REPORTING AMENDMENTS. (a) CLOSELY RELATED EVENTS.—Section 5316 of title 31, United States Code, is amended by adding at the end the following new subsection: "(d) CUMULATION OF CLOSELY RELATED EVENTS.—The Secretary of the Treasury may prescribe regulations under this section defining the term 'at one time' for purposes of subsection (a). Such regula- tions may permit the cumulation of closely related events in order that such events may collectively be considered to occur at one time for the purposes of subsection (a).". " (h) INCHOATE OFFENSE.—Section 5316(a)(1) of title 31, United States Code, is amended— (1) by striking out "or attempts to transport or have trans- ported,", and V; J
100 STAT. 3207-27 PUBLIC LAW 99-570—OCT. 27, 1986 (2) by inserting ", is about to transport," after "transports", (c) TECHNICAL AND CONFORMING AMENDMENT.—Section 5316(a)(2) of title 31, United States Code, is amended by striking out "$5,000" and inserting in lieu thereof "$10,000". SEC. 1359. BANKING REGULATORY AGENCY SUPERVISION OF RECORD- KEEPING SYSTEMS. (a) INSURED BANKS.— (1) IN GENERAL.—Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is amended by adding at the end thereof the following new subsection: "(s) COMPLIANCE WITH MONETARY TRANSACTION RECORDKEEPING AND REPORT REQUIREMENTS.— "(1) COMPLIANCE PROCEDURES REQUIRED.—Each appropriate Federal banking agency shall prescribe regulations requiring insured banks to establish and maintain procedures reasonably designed to assure and monitor the compliance of such banks with the requirements of subchapter II of chapter 53 of title 31, 31 use 5311 et United States Code. seq- "(2) EXAMINATIONS O F BANK TO INCLUDE REVIEW OF COMPLI- ANCE PROCEDURES.— "(A) IN GENERAL.—Each examination of an insured bank by the appropriate Federal banking agency shall include a iiiri; review of the procedures required to be established and tKi:£ maintained under paragraph (1). .ot "(B) EXAM REPORT REQUIREMENT.—The report of examina- oMi, tion shall describe any problem with the procedures «i ,c maintained by the insured bank. "(3) ORDER TO COMPLY WITH REQUIREMENTS.—If the appro- priate Federal banking agency determines that an insured bank— "(A) has failed to establish and maintain the procedures described in paragraph (1); or * "(B) has failed to correct any problem with the proce- ,^ dures maintained by such bank which was previously re- ported to the bank by such agency, the agency shall issue an order in the manner prescribed in subsection Ot)) or (c) requiring such bank to cease and desist from its violation of this subsection or regulations prescribed under this subsection.". , ;,,,.,, „ , (2) CIVIL MONEY PENALTIES FOR FAILURE TO MAINTAIN COMPLI- ' ^ ^'" '" ANCE PROCEDURES.—Section 8(i)(2)(i) of the Federal Deposit Insurance Act (12 U.S.C. 1818(iX2)(i)) is amended by striking out "subsection (b) or (c)" and inserting in lieu thereof "subsection (b),(c),or(s)". (b) INSTITUTIONS REGULATED BY THE BANK BOARD.— (1) IN GENERAL.—Section 5(d) of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464(d)) is amended by adding at the end thereof the following new paragraph: "(16) CoMPUANCE W I T H MONETARY TRANSACTION RECORDKEEPING AND REPORT REQUIREMENTS.— Regulations. "(A) COMPLIANCE PROCEDURES REQUIRED.—The Board shall prescribe regulations requiring sissociations to establish and maintain procedures resisonably designed to assure and monitor the compliance of such associations with the requirements of 31 use 5311 et subchapter II of chapter 53 of title 31, United States Code. seq.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-28 II- "(B) EXAMINATIONS OF ASSOCIATIONS ro INCLUDE REVIEW OF COMPUANCE PROCEDURES.— "(i) IN GENERAL.—Each examination of an association by the Board shall include a review of the procedures required to be established and maintained under subparagraph (A), "(ii) EXAM REPORT REQUIREMENT.—The report of examina- • *' tion shall describe any problem with the procedures main- tained by the association. "(C) ORDER TO COMPLY WITH REQUIREMENTS.—If the Board determines that an association— "(i) has failed to establish and maintain the procedures described in subparagraph (A); or ., >;, jAj-^a "(ii) has failed to correct any problem with the procedures maintained by such association which was previously re- ported to the association by the Board, the Board shall issue an order in the manner prescribed in paragraph (2) or (3) requiring such association to cease and ., J>.6G;;, >, desist from its violation of this paragraph or regulations pre- scribed under this paragraph.". (2) CIVIL MONEY PENALTIES FOR FAILURE TO MAINTAIN COMPLI- ANCE PROCEDURES.—Section 5(dX8)(B)(i) of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464(dX8)(BXi)) is amended by striking out "paragraph (2) or (3)" and inserting in lieu thereof "paragraph (2), (3), or (16)". (c) INSURED THRIFT INSTITUTIONS.— (1) IN GENERAL.—Section 407 of the National Housing Act (12 U.S.C. 1730) is amended by adding at the end thereof the following new subsection: "(s) COMPUANCE WITH MONETARY TRANSACTION RECORDKEEPING AND REPORT REQUIREMENTS.— "(1) COMPUANCE PROCEDURES REQUIRED.—The Corporation Regulations. shall prescribe regulations requiring insured institutions to establish and maintain procedures reasonably designed to assure and monitor the compliance of such institutions with the requirements of subchapter II of chapter 53 of title 31, United States Code. 31 use 5311 et "(2) EXAMINATIONS OF INSTITUTIONS TO INCLUDE REVIEW OF seq. COMPUANCE PROCEDURES.— "(A) I N GENERAL.—Each examination of an insured institution by the Corporation shall include a review of the > ' procedures required to be established and maintained under paragraph (1). "(B) EXAM REPORT REQUIREMENT.—The report of examina- tion shall describe any problem with the procedures main- ^ tained by the insured institution. art 3 "(3) ORDER TO COMPLY WITH REQUIREMENTS.—If the Corpora- tion determines that an insured institution— "(A) has failed to establish and maintain the procedures described in paragraph (1); or "(B) has failed to correct any problem with the proce- dures maintained by such institution which was previously * reported to the institution by the Corporation, the Corporation shall issue £m order in the manner prescribed in subsection (e) or (f) requiring such institution to cease and ^ desist from its violation of this subsection or regulations pre- scribed under this subsection.".
100 STAT. 3207-29 PUBLIC LAW 99-570—OCT. 27, 1986 (2) CIVIL MONEY PENALTIES FOR FAILURE TO MAINTAIN COMPU- ANCE PROCEDURES.—Section 407(kX3XA) of the National Housing Act (12 U.S.C. 1730(kX3XA)) is amended by striking out "subsec- tion (e) or (f) of this section shall forefit" and inserting in lieu thereof "subsection (e), (f), or (s) of this section shadl forfeit", (d) INSURED CREDIT UNIONS.— (1) IN GENERAL.—Section 206 of the Federal Credit Union Act (12 U.S.C. 1786) is amended by adding at the end thereof the following new subsection: "(q) COMPLIANCE WITH MONETARY TRANSACTION RECORDKEEPING AND REPORT REQUIREMENTS.— Regulations. "(1) CoMPUANCE PROCEDURES REQUIRED.—The Board shall pre- scribe regulations requiring insured credit unions to establish and maintain procedures reasonably designed to assure and monitor the compliance of such credit unions with the require- ments of subchapter II of chapter 53 of title 31, United States 31 use 5331 et Code. «eg. "(2) E X A M I N A T I O N S O F CREDIT U N I O N S TO INCLUDE REVIEW O F COMPLIANCE P R O C E D U R E S . — "(A) IN GENERAL.—Each examination of an insured credit union by the Board shall include a review of the procedures required to be established and maintained under paragraph r_: (1). "(B) EXAM REPORT REQUIREMENT.—The report of examina- tion shall describe any problem with the procedures main- ^^ - tained by the credit union. "(3) ORDER TO COMPLY WITH REQUIREMENTS.—If the Board determines that an insured credit union— wr* "(A) has failed to establish and maintain the procedures described in paragraph (1); or •moiU "'^* "(B) has failed to correct any problem with the proce- dures maintained by such credit union which was pre- viously reported to the credit union by the Board, the Board shall issue an order in the manner prescribed in subsection (e) or (f) requiring such credit union to cease and IK desist from its violation of this subsection or regulations pre- a9S scribed under this subsection.". (2) CIVIL MONEY PENALTIES FOR FAILURE TO MAINTAIN COMPU- ANCE PROCEDURES.—Section 206(kX2XA) of the Federal Credit Union Act (12 U.S.C. 1786(kX2XA)) (as in effect on September 1, 1986) is amended by striking out "subsection (e) or (f)" and inserting in lieu thereof "subsection (e), (f), or (q)". SEC. 1360. CHANGE IN BANK CONTROL ACT AMENDMENTS. (a) ADDITIONAL REVIEW TIME.— (1) INITIAL EXTENSION AT DISCRETION OF AGENCY.—The first sentence of section 7(jXl) of the Federal Deposit Insurance Act (12 U.S.C. 1817(jXl)) is amended by striking out "or extending up to another thirty days" and inserting in lieu thereof "or, in the discretion of the agency, extending for an additional 30 days". (2) ADDITIONAL EXTENSIONS IN CASE OF INCOMPLETE OR INAC- CURATE NOTICE OR TO CONTINUE INVESTIGATION.—The second sentence of section 7(jXl) of the Federal Deposit Insurance Act (12 U.S.C. 1817(jXl)) is amended to read as follows: "The period for disapproval under the preceding sentence may be extended
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-30 »:' not to exceed 2 additional times for not more than 45 days each time if— w » "(A) the agency determines that any acquiring party has not furnished all the information required under paragraph (6); "(B) in the agency's judgment, any material information submitted is substantially inaccurate; "(C) the agency has been unable to complete the investigation of an acquiring party under paragraph (2XB) because of any • • delay caused by, or the inadequate cooperation of, such acquir- ing party; or "(D) the agency determines that additional time is needed to investigate and determine that no acquiring party has a record of failing to comply with the requirements of subchapter II of chapter 53 of title 31, United States Code.". 31 USC 5331 et (b) DUTY TO INVESTIGATE APPUCANTS FOR CHANGE IN CONTROL S«9- APPROVAL.—Section 7(jX2) of the Federal Deposit Insurance Act (12 U.S.C. 18170X2)) is amended— (1) by striking out "(2)" and inserting in lieu thereof "(2)(A) NOTICE TO STATE AGENCY.—"; and (2) by adding at the end thereof the following new subpara- graphs: "(B) INVESTIGATION OF PRINCIPALS REQUIRED.—Upon receiving any notice under this subsection, the appropriate Federal banking agency shall— "(i) conduct an investigation of the competence, experience, integrity, and financial ability of each person named in a notice of a proposed acquisition as a person by whom or for whom such acquisition is to be made; and "(ii) make an independent determination of the accuracy and completeness of any information described in paragraph (6) with respect to such person. "(C) REPORT.—The appropriate Federal banking agency shall pre- pare a written report of any investigation under subparagraph (B) which shall contain, at a minimum, a summary of the results of such investigation. The agency shall retain such written report as a record of the agency.". (c) PuBuc COMMENT ON CHANGE OF CONTROL NOTICES.—Section 7(jX2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(jX2)) is amended by adding after subparagraph (C) (as added by subsection (b) of this section) the following new subparagraph: "(D) PuBUC COMMENT.—Upon receiving notice of a proposed ac- quisition, the appropriate Federal banking agency shall, within a reasonable period of time— "(i) publish the name of the insured bank proposed to be acquired and the name of each person identified in such notice as a person by whom or for whom such acquisition is to be made; suid "(ii) solicit public comment on such proposed acquisition, particularly from persons in the geographic area where the bank proposed to be acquired is located, before final consider- ation of such notice by the agency, unless the agency determines in writing that such disclosure or solicitation would seriously threaten the safety or soundness of such bank.". (d) INVESTIGATIONS AND ENFORCEMENT.—Section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)) is amended—
100 STAT. 3207-31 PUBLIC LAW 99-570—OCT. 27, 1986 (1) by redesignating paragraphs (15) and (16) as paragraphs (16) and (17), respectively; and (2) by inserting after paragraph (14) the following new paragraph: i "(15) INVESTIGATIVE AND ENFORCEMENT AUTHORITY.— "(A) INVESTIGATIONS.—The appropriate Federal banking agency may exercise any authority vested in such agency under 12 use 1818. section 8(n) in the course of conducting any investigation under paragraph (2XB) or any other investigation which the agency, in its discretion, determines is necessary to determine whether any person has filed inaccurate, incomplete, or misleading information under this subsection or otherwise is violating, has violated, or is about to violate any provision of this subsection or >. 5 r, i!:-^ i any regulation prescribed under this subsection. "(B) ENFORCEMENT.—Whenever it appears to the appropriate Federal banking agency that any person is violating, has vio- lated, or is about to violate any provision of this subsection or any regulation prescribed under this subsection, the agency may, in its discretion, apply to the appropriate district court of the United States or the United States court of any territory for— "(i) a temporary or permanent injunction or restraining order enjoining such person from violating this subsection or any regulation prescribed under this subsection; or "(ii) such other equitable relief as may be necessary to prevent any such violation (including divestiture). ii w. "(C) JURISDICTION.— "(i) The district courts of the United States and the United States courts in any territory shall have the same « jurisdiction and power in connection with any exercise of any authority by the appropriate Federal banking agency s ' under subparagraph (A) as such courts have under section 8(n). iv "(ii) The district courts of the United States and the E dc United States courts of any territory shall have jurisdiction and power to issue any injunction or restraining order or grant any equitable relief described in subparagraph (B). When appropriate, any injunction, order, or other equitable relief granted under this paragraph shall be granted with- out requiring the posting of any bond.", SEC. 1361. CHANGE IN SAVINGS AND LOAN CONTROL ACT AMENDMENTS. (a) ADDITIONAL REVIEW TIME.— (1) INITIAL EXTENSION AT DISCRETION OF AGENCY.—The first sentence of section 407(qXl) of the National Housing Act (12 U.S.C. 173(KqXl)) is amended by striking out "or extending up to another thirty days" and inserting in lieu thereof "or, in the discretion of the Corporation, extending for an additional 30 days". (2) ADDITIONAL EXTENSIONS IN CASE OF INCOMPLETE OR INAC- CURATE NOTICE OR TO CONTINUE INVESTIGATION.—The second sentence of section 407(qXl) of the National Housing Act (12 U.S.C. 1730(qXl)) is amended to read as follows: "The period for disapproval under the preceding sentence may be extended not to exceed 2 additional times for not more than 45 days each time if—
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-32 "(A) the Corporation determines that any acquiring party has not furnished all the information required under paragraph (6); "(B) in the Corporation's judgment, any material information submitted is substantially inaccurate; "(C) the Corporation has been unable to complete the inves- tigation of an acquiring party under paragraph (2)(B) because of any delay caused by, or the inadequate cooperation of, such acquiring party; or (D) the Corporation determines that additional time is needed to investigate and determine that no acquiring party has a record of failing to comply with the requirements of sub- chapter II of chapter 58 of title 31, United States Code.". 3lUSC5331ef (b) DUTY TO INVESTIGATE APPLICANTS FOR CHANGE IN CONTROL seq. APPROVAL.—Section 407(qX2) of the National Housing Act (12 U.S.C. 1730(q)(2)) is amended— (1) by striking out "(2)" and inserting in lieu thereof "(2XA) NOTICE TO STATE AGENCY.—"; and (2) by adding at the end thereof the following new sub- paragraphs: "(B) INVESTIGATION OF PRINCIPALS REQUIRED.—Upon receiving any notice under this subsection, the Corporation shall— "(i) conduct an investigation of the competence, experience, integrity, and financial ability of each person named in a notice of a proposed acquisition as a person by whom or for whom such acquisition is to be made; and "(ii) make an independent determination of the accuracy and completeness of any information described in paragraph (6) with respect to such person. "(C) REPORT.—The Corporation shall prepare a written report of any investigation under subparagraph (B) which shall contain, at a minimum, a summary of the results of such investigation. The Corporation shall retain such written report as a record of the Corporation.". (c) PuBUC COMMENT ON CHANGE OF CONTROL NOTICES.—Section 407(q)(2) of the National Housing Act (12 U.S.C. 1730(qX2)) is amended by adding after subparagraph (C) (as added by subsection (b) of this section) the following new subparagraph: "(D) PuBUC COMMENT.—Upon receiving notice of a proposed ac- quisition, the Corporation shall, within a reasonable period of time— "(i) publish the name of the insured institution proposed to be acquired and the name of each person identified in such notice as a person by whom or for whom such acquisition is to be made; and "(ii) solicit public comment on such proposed acquisition, particularly from persons in the geographic area where the institution proposed to be acquired is located, before final consideration of such notice by the Corporation, unless the Corporation determines in writing that such disclosure or solicitation would seriously threaten the safety or soundness of such institution.". (d) INVESTIGATIONS AND ENFORCEMENT.—Section 407(q) of the Na- - .a tional Housing Act (12 U.S.C. 1730(q)) is amended— . •. (1) by redesignating paragraphs (16) and (17) as paragraphs (17) and (18), respectively; and (2) by inserting after paragraph (15) the following new paragraph:
100 STAT. 3207-33 PUBLIC LAW 99-570—OCT. 27, 1986 "(16) INVESTIGATIVE AND ENFORCEMENT AUTHORITY.— "(A) INVESTIGATIONS.—The Corporation may exercise £iny authority vested in the Corporation under paragraph (2) or (3) of subsection (m) in the course of conducting any investigation under paragraph (2XB) or any other investigation which the Corporation, in its discretion, determines is necessary to deter- mine whether any person has filed inaccurate, incomplete, or misleading information under this subsection or otherwise is violating, has violated, or is about to violate any provision of this subsection or any regulation prescribed under this subsection. :c.i ir i; :g "(B) ENFORCEMENT.—Whenever it appears to the Corporation that any person is violating, has violated, or is about to violate any provision of this subsection or any regulation prescribed under this subsection, the agency may, in its discretion, apply to the appropriate district court of the United States or the United States court of any territory for— "(i) a temporary or permanent injunction or restraining order enjoining such person from violating this subsection .i fe or any regulation prescribed under this subsection; or "(ii) such other equitable relief as may be necessary to prevent any such violation (including divestiture). "(C) JURISDICTION.— "(i) The district courts of the United States and the United States courts in any territory shall have the same jurisdiction and power in connection with any exercise of any authority by the Corporation under subparagraph (A) as such courte have under paragraph (2) or (3) of subsection ••" r (m). -«• "(ii) The district courts of the United States and the iJ United States courts of any territory shall have jurisdiction and power to issue any injunction or restraining order or grant any equitable relief described in subparagraph (B). When appropriate, any injunction, order, or other equitable h^ relief under this paragraph shall be granted without requir- jtioi! ing the posting of any bond.". SEC. 1362. AMENDMENTS TO DEFINITIONS. (a) UNITED STATES AGENCIES INCLUDES THE POSTAL SERVICE.— Section 5312(aX2XU) of title 31, United States Code (defining finan- cial institutions) (as redesignated by subsection (a)) is amended by inserting before the semicolon at the end the following: ", including the United States Postal Service". (b) UNITED STATES INCLUDES CERTAIN TERRITORIES AND POSSES- SIONS.—Section 5312(aX5) of title 31, United States Code, is amended by inserting "the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, the Trust Territory of the Pacific Is- lands," after "Puerto Rico". 31 u s e 5315 SEC. 1363. INTERNATIONAL INFORMATION EXCHANGE SYSTEM; STUDY note. OF FOREIGN BRANCHES OF DOMESTIC INSTITUTIONS. Banks and (a) DiSCUSSIONS ON INTERNATIONAL INFORMATION EXCHANGE banking. SYSTEM.—The Secretary of the Treasury, in consultation with the Board of (Jovemors of the Federal Reserve System, shall initiate discussions with the central banks or other appropriate govern- mental authorities of other countries and propose that an informa- tion exchange system be established to assist the efforts of each
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-34 participating country to eliminate the international flow of money :?| derived from illicit drug operations and other criminal activities. -'ton (b) REPORT ON DISCUSSIONS REQUIRED.—Before the end of the 9- month period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall prepare and transmit a report to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the results of discussions initiated pursuant to subsection (a). (c) STUDY OF MONEY LAUNDERING THROUGH FOREIGN BRANCHES OF DOMESTIC FINANCIAL INSTITUTIONS REQUIRED.—The Secretary of the Treasury, in consultation with the Attorney General and the Board of Governors of the Federal Reserve System, shall conduct a study of— (1) the extent to which foreign branches of domestic institu- tions are used— (A) to facilitate illicit transfers of coins, currency, and other monetary instruments (as such term is defined in section 5812(a)(3) of title 31, United States Code) into and out of the United States; and (B) to evade reporting requirements with respect to any ft«»« transfer of coins, currency, and other monetary in- struments (as so defined) into and out of the United States; (2) the extent to which the law of the United States is applicable to the activities of such foreign branches; and (3) methods for obtaining the cooperation of the country in which any such foreign branch is located for purposes of enforc- ing the law of the United States with respect to transfers, and reports on transfers, of such monetary instruments into and out of the United Stateis. (d) REPORT ON STUDY OF FOREIGN BRANCHES REQUIRED.—Before the end of the 9-month period beginning on the date of the enact- ment of this Act, the Secretary of the Treasury shall prepare and transmit a report to the Committee on Banking, Finance and Urban ^^ Affairs and the Committee on the Judiciary of the House of Rep- resentatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate on the results of the study conducted pursuant to subsection (c). SEC. 1364. EFFECTIVE DATES. * (a) The amendment made by section 1354 shall apply with respect 31 USC 5324 to transactions for the payment, receipt, or transfer of United States note. coins or currency or other monetary instruments completed after the end of the 3-month period beginning on the date of the enact ment of this Act. (b) The amendments made by sections 1355(b) and 1357(a) shall 31 USC 5317 apply with respect to violations committed after the end of the 3- ^°^- month period beginning on the date of the enactment of this Act. (c) The amendments made by section 1357 (other than subsection 31 USC 5321 (a) of such section) shall apply with respect to violations committed "o^e- after the date of the enactment of this Act. (d) Any regulation prescribed under the amendments made by 31 USC 5316 section 1358 shall apply with respect to transactions completed after "^te. the effective date of such regulation. (e) The regulations required to be prescribed under the amend- 12 USC 1464 ments made by section 1359 shall take effect at the end of the 3- ^°^- month period beginning on the date of the enactment of this Act,
100 STAT. 3207-35 PUBLIC LAW 99-570—OCT. 27, 1986 12 use 1730 (f) The amendments made by sections 1360 and 1361 shall apply note. vnth respect to notices of proposed acquisitions filed after the date of the enactment of this Act. . . . SEC. 1365. PREDICATE OFFENSES. ' " ^ H m (a) Subsection 0>) of section 1952 of title 18, United States Code, is amended by striking out "or" before "(2)", and by striking out the period at the end thereof and inserting in lieu thereof the following: ", or (3) any act which is indictable under subchapter II of chapter 31 use 5331 et 53 of title 31, United States Code, or under section 1956 or 1957 of seq. this title.". Ot>) Subsection (1) of section 1961 of title 18, United States Code, is amended by inserting "section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in mone- tary transactions in property derived from specified unlawful activ- ity)," after "section 1955 (relating to the prohibition of illegal gambling businesses),". (c) Subsection (1) of section 2516 of title 18, United States Code, is amended in paragraph (c) by inserting "section 1956 (laundering of monetary instruments), section 1957 (relating to engaging in mone- tary transactions in property derived from specified unlawful activ- ity)," after "section 1955 (prohibition of relating to business enterprises of gambling),". SEC. 1366. FORFEITURE. (a) Title 18 of the United States Code is amended by adding after chapter 45 a new chapter 46 as follows: •- "CHAPTER 46—FORFEITURE S6C. . _ft "981. Civil Forfeiture. " ' - ' "982. Criminal Forfeiture. ••-.',';' . '.•:- 18 USC 981 "§ 981. Civil forfeiture "(aXD Except as provided in paragraph (2), the following property is subject to forfeiture to the United States: "(A) Any property, real or personal, which represents the gross receipts a person obtains, directly or indirectly, as a result of a violation of section 1956 or 1957 of this title, or which is traceable to such gross receipts. vS?J3 c>aiu£ "(B) Any property within the jurisdiction of the United -•*<^'i States, which represents the proceeds of an offense against a foreign nation involving the manufacture, importation, sale, or distribution of a controlled substance (as such term is defined 21 USC 801 note. for the purposes of the Controlled Substances Act), within whose jurisdiction such offense or activity would be punishable by death or imprisonment for a term exceeding one year and which would be punishable by imprisonment for a term exceed- p:i\ ing one year if such act or activity had occurred within the jurisdiction of the United States. "(C) Any coin and currency (or other monetary instrument as Yt' ^ the Secretary of the Treasury may prescribe) or any interest in "'- *^' other property, including any deposit in a financial institution, traceable to such coin or currency involved in a transaction or attempted transaction in violation of section 5313(a) or 5324 of title 31 may be seized and forfeited to the United States Govern- J'^i. ment. No property or interest in property shall be seized or
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-36 forfeited if the violation is by a domestic financial institution -» examined by a Federal bank supervisory agency or a financial *ic institution regulated by the Securities and Exchange Commis- sion or a partner, director, officer, or employee thereof. "(2) No property shall be forfeited under this section to the extent -. > . nr. jtja of the interest of an owner or lienholder by reason of any act or m ;?oa emission established by that owner or lienholder to have been committed without the knowledge of that owner or lienholder. "(b) Any property subject to forfeiture to the United States under subsection (a)(1)(A) or (a)(1)(B) of this section may be seized by the Attorney General or, with respect to property involved in a violation of section 1956 or 1957 of this title investigated by the Secretary of the Treasury, may be seized by the Secretary of the Treasury, and any property subject to forfeiture under subsection (a)(1)(C) of this section may be seized by the Secretary of the Treasury, in each case upon process issued pursuant to the Supplemental Rules for certain Admiralty and Maritime Claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made when— "(1) the seizure is pursuant to a lawful arrest or search; or *' "(2) the Attorney General or the Secretary of the Treasury, as the case may be, has obtained a warrant for such seizure pursuant to the Federal Rules of Criminal Procedure, in which 18 USC app. ^*>- event proceedings under subsection (d) of this section shall be instituted promptly. "(c) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General or the Secretary of the Treasury, as the case may be, subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under this subsection, the Attorney General or the Secretary of the Treasury, as the case may be, may— "(1) place the property under seal; "(2) remove the property to a place designated by him; or ^' "(3) require that the General Services Administration take custody of the property and remove it, if practicable, to an appropriate location for disposition in accordance with law. "(d) For purposes of this section, the provisions of the customs laws relating to the seizure, summary and judicial forfeiture, con- demnation of property for violation of the customs laws, the disposi- tion of such property or the proceeds from the sale of this section, the remission or mitigation of such forfeitures, and the compromise of claims (19 U.S.C. 1602 et seq.), insofar as they are applicable and not inconsistent with the provisions of this section, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under this section, except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or other persons as may be au- thorized or designated for that purpose by the Attorney General or the Secretary of the Treasury, as the case may be. : H: "(e) Notwithstanding any other provision of the law, except sec- tion 3 of the Anti Drug Abuse Act of 1986, the Attorney General or the Secretary of the Treasury, as the case may be, is authorized to retain property forfeited pursuant to this section, or to transfer such property on such terms and conditions as he may determine to—
100 STAT. 3207-37 PUBLIC LAW 99-570—OCT. 27, 1986 "(1) any other Federal agency; or ift "(2) any State or local law enforcement agency which partici- pated directly in any of the acts which led to the seizure or forfeiture of the property. State and local The Attorney General or the Secretary of the Tresisury, as the case governments. may be, shall ensure the equitable transfer pursuant to paragraph (2) of any forfeited property to the appropriate State or local law enforcement agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such property. A decision by the Attorney General or the Secretary of the Treasury pursuant to paragraph (2) shall not be subject to review. The United States shall not be liable in any action arising out of the use of any property the custody of which was transferred pursuant to this section to any non-Federal agency. The Attorney General or the Secretary of the Treasury may order the discontinuance of any forfeiture proceedings under this section in favor of the institution of forfeiture proceedings by State or local authorities under an appropriate State or local statute. After the filing of a complaint for forfeiture under this section, the Attorney General may seek dismissal of the complaint in favor of forfeiture proceedings under State or local law. Whenever forfeiture proceedings are discontinued by the United States in favor of State H; 'JC or local proceedings, the United States may transfer custody and possession of the seized property to the appropriate State or local official immediately upon the initiation of the proper actions by such officials. Whenever forfeiture proceedings are discontinued by the United States in favor of State or local proceedings, notice shall be sent to all known interested parties advising them of the dis- continuance or dismissal. The United States shall not be liable in any action arising out of the seizure, detention, and transfer of seized property to State or local officials. "(f) AH right, title, and interest in property described in subsec- tion (a) of this section shall vest in the United States upon commis- sion of the act giving rise to forfeiture under this section. "(g) The filing of an indictment or information alleging a violation of law which is also related to a forfeiture proceeding under this section shall, upon motion of the United States and for good cause shown, stay the forfeiture proceeding. "(h) In addition to the venue provided for in section 1395 of title 28 or any other provision of law, in the case of property of a defendant charged with a violation that is the basis for forfeiture of the property under this section, a proceeding for forfeiture under this section may be brought in the judicial district in which the defend- ant owning such property is found or in the judicial district in which the criminal prosecution is brought. "(i) In the case of property subject to forfeiture under subsection (aXl)(B), the following additional provisions shall, to the extent provided by treaty, apply: "(1) Notwithstanding any other provision of law, except sec- »t tion 3 of the Anti Drug Abuse Act of 1986, whenever property is civilly or criminally forfeited under the Controlled Substances 21 use 801 note. Act, the Attorney General may, with the concurrence of the Secretary of State, equitably transfer any conveyance, currency, ' and any other type of personal property which the Attorney 01 General may designate by regulation for equitable transfer, or ' any amounts realized by the IJnited States from the sale of any real or personal property forfeited under the Controlled
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-38 Substances Act to an appropriate foreign country to reflect 21USC 801 note. generally the contribution of any such foreign country partici- pating directly or indirectly in any acts which led to the seizure or forfeiture of such property. Such property when forfeited pursuant to subsection (aXlXB) of this section may also be transferred to a foreign country pursuant to a treaty providing for the transfer of forfeited property to such foreign country. A -• • - ; ^ decision by the Attorney General pursuant to this paragraph shall not be subject to review. The foreign country shall, in the - • -^ - event of a transfer of property or proceeds of sale of property under this subchapter, bear all expenses incurred by the United States in the seizure, maintenance, inventory, storage, forfeit- ure, and disposition of the property, and all transfer costs. The payment of all such expenses, and the transfer of assets pursu- ant to this paragraph, shall be upon such terms and conditions as the Attorney General may, in his discretion, set. Transfers may be made under this subsection during a fiscal year to a country that is subject to paragraph (IXA) of section 481(h) of the Foreign Assistance Act of 1961 (relating to restrictions on 22 USC 2291. United States assistance) only if there is a certification in effect with respect to that country for that fiscal year under para- graph (2) of that section. "(2) The provisions of this section shall not be construed as limiting or superseding any other authority of the United States ,.. g^.. ,y , to provide assistance to a foreign country in obtaining property related to a crime committed in the foreign country, including property which is sought as evidence of a crime committed in -£• the foreign country. "(3) A certified order or judgment of forfeiture by a court of competent jurisdiction of a foreign country concerning property which is the subject of forfeiture under this section and was determined by such court to be the type of property described in ^^'. subsection (aXl)(B) of this section, and any certified recordings i: or transcripts of testimony taken in a foreign judicial proceed- ing concerning such order or judgment of forfeiture, shall be ^^ admissible in evidence in a proceecUng brought pursuant to this ' section. Such certified order or judgment of forfeiture, when admitted into evidence, shall constitute probable cause that the ,ft property forfeited by such order or judgment of forfeiture is &5 subject to forfeiture under this section and creates a rebuttable w presumption of the forfeitability of such property under this section. > "(4) A certified order or judgment of conviction by a court of ?f competent jurisdiction of a foreign country concerning an un- >> lawful drug activity which gives rise to forfeiture under this section and any certified recordings or transcripts of testimony taken in a foreign judicial proceeding concerning such order or judgment of conviction shall be admissible in evidence in a proceeding brought pursuant to this section. Such certified order or judgment of conviction, when admitted into evidence, creates a rebuttable presumption that the unlawful drug activ- ity giving rise to forfeiture under this section has occurred. > "(5) The provisions of paragraphs (3) and (4) of this subsection shsdl not be construed as limiting the admissibility of any evidence otherwise admissible, nor shall they limit the ability of the United States to establish probable cause that property is subject to forfeiture by any evidence otherwise admissible.
100 STAT. 3207-39 PUBLIC LAW 99-570—OCT. 27, 1986 "(j) For purposes of this section— "(1) the term 'Attorney General' means the Attorney General or his delegate; and "(2) the term 'Secretary of the Treasury' means the Secretary of the Treasury or his delegate. 18 u s e 982. "§ 982. Criminal forfeiture Real property. "(a) The court, in imposing sentence on a person convicted of an offense under section 1956 or 1957 of this title shall order that the person forfeit to the United States any property, real or personal, which represents the gross receipts the person obtained, directly or indirectly, as a result of such offense, or which is traceable to such gross receipts. "OJ) The provisions of subsections 413 (c) and (e) through (o) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853 (c) and (e)—(o)) shall apply to property subject to forfeit- ure under this section, to any seizure or disposition thereof, and to 'MJ ffi' any administrative or judicial proceeding in relation thereto, if not inconsistent with this section.". (b) The chapter analysis of part I of title 18, United States Code, is amended by inserting after the item for chapter 45 the following: "46. Forfeiture 981". 18 u s e 981 note. SEC. 1367. SEVERABILITY CLAUSE. If any provision of this subtitle or any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the provisions of every other part, and their applica- tion, shall not be affected thereby. Career Subtitle I—Armed Career Criminals Criminals Amendment Act SEC.1401. SHORT TITLE. of 1986. 18 u s e 921 note. This subtitle may be cited as the "Career Criminals Amendment Act of 1986". SEC. 1402. EXPANSION OF PREDICATE OFFENSES FOR ARMED CAREER CRIMINAL PENALTIES. (a) I N GENERAL.—Section 924(eXl) of title 18, United States Code, is amended by striking out "for robbery or burglary, or both," and inserting in lieu thereof "for a violent felony or a serious drug offense, or both,". (b) DEFINITIONS.—Section 924(eX2) of title 18, United States Code, is amended by striking out subparagraph (A) and all that follows through subparagraph (B) and inserting in lieu thereof the following: "(A) the term 'serious drug offense' means— "(i) an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the first section or section 3 of Public Law 96-350 (21 U.S.C. 955a et seq.), for which a maximum term of imprison- ment of ten years or more is prescribed by law; or "(ii) an offense under State law, involving manufac- ^ turing, distributing, or possessing with intent to manu- ' , facture or distribute, a controlled substance (as defined 3id«. in section 102 of the Controlled Substances Act (21
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-40 U.S.C. 802)), for which a maximum term of imprison- ment of ten years or more is prescribed by law; and "(B) the term 'violent felony' means any crime punish- able by imprisonment for a term exceeding one year that— "(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or > ^^^ - "(ii) is burglary, arson, or extortion, involves use of Q^j^r explosives, or otherwise involves conduct that presents } a serious potential risk of physical injury to another.". , ,., ^ Subtitle J—Authorization of Appropriation for Drug Law Drug Enforcement Enforcement Enhancement Act of 1986. SEC. 1451. AUTHORIZATION OF APPROPRIATIONS. (a) There is authorized to be appropriated for fiscal year 1987 for v r ai? the Department of Justice for the Drug Enforcement Administra- tion, $60,000,000; except, that notwithstanding section 1345 of title 31, United States Code, funds made available to the Department of Justice for the Drug Enforcement Administration in any fiscal year may be used for travel, transportation, and subsistence expenses of State, county, and local officers attending conferences, meetings, and training courses at the FBI Academy, Quantico, Virginia. (b) The Drug Enforcement Administration of the Department of Justice is hereby authorized to plan, construct, renovate, maintain, remodel and repair buildings and purchase equipment incident . thereto for an All Source Intelligence Center, but the existing El Paso Intelligence Center shall remain in Texas." (c) There is authorized to be appropriated for fiscal year 1987 for j . i ,, .,+, ^ the Department of Justice for the Federal Prison System, $124,500,000, of which $96,500,000 shall be for the construction of Federal penal and correctional institutions and $28,000,000 shall be for salaries and expenses. (d) There is authorized to be appropriated for fiscal year 1987 for the Judiciary for Defender Services, $18,000,000. (e) There is authorized to be appropriated for fiscal year 1987 for the Judiciary for Fees and Expenses of Jurors and Commissioners, $7,500,000. (f) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for the Office of Justice Assistance, $2,000,000 to carry out a pilot prison capacity program. (g) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for support of United States prisoners in non-Federal Institutions, $5,000,000. (h) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for the Offices of the United States Attorneys, $31,000,000. (i) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for the United States Marshals Service, $17,000,000. "(j) Authorizations of appropriations for fiscal year 1987 contained in this section are in addition to those amounts agreed to in the conference agreement reached on Title I of H.J. Res. 738." Ante, p. 1783; (k) In addition to any other amounts that may be authorized to be P°^^' P- ^341. appropriated for fiscal year 1987, the following sums are authorized to be appropriated to procure secure voice radios:
100 STAT. 3207-41 PUBLIC LAW 99-570—OCT. 27, 1986 Federal Bureau of Investigation. $2,000,000 Secret Service $5,000,000. (1) This section may be cited as the "Drug Enforcement Enhance- ment Act of 1986". State and Local Subtitle K—State and Local Narcotics Control Assistance Law Enforcement SEC. 1551. SHORT TITLE. Assistance Act of 1986. This subtitle may be cited as the "State and Local Law Enforce- 42 u s e 3711 ment Assistance Act of 1986". note. SEC. 1552. BUREAU OF JUSTICE ASSISTANCE DRUG GRANT PROGRAMS. (a) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712 et seq.) is amended— (1) by redesignating part M £is part N, ' "' "' ' • ''''" 42 u s e 3797. (2) by redesignating section 1301 as section 1401, and (3) by inserting after part L the following new part: ,, ^i- "PART M—GRANTS FOR DRUG LAW ENFORCEMENT PROGRAMS 0 ? i.Vi FUNCTION OF THE DIRECTOR State and local "SEC. 1301. The Director shall provide funds to eligible States and governments. units of local government pursuant to this part. 42 u s e 3796h. "DESCRIPTION O F D R U G LAW ENFORCEMENT GRANT PROGRAM State and local "SEC. 1302. The Director is authorized to make grants to States, governments. for the use of States and units of local government in the States, for 42 u s e 37961. the purpose of enforcing State and local laws that establish offenses similar to offenses established in the Controlled Substances Act (21 U.S.C. 801 et seq.), and to— "(1) provide additional personnel, equipment, facilities, personnel training, and supplies for more widespread apprehen- sion of persons who violate State and local laws relating to the production, possession, and transfer of controlled substances and to pay operating expenses (including the purchase of evi- dence and information) incurred as a result of apprehending such persons; "(2) provide additional personnel, equipment, facilities (including upgraded and additional law enforcement crime lab- oratories), personnel training, and supplies for more widespread prosecution of persons accused of violating such State and local laws and to pay operating expenses in connection with such prosecution; "(3) provide additional personnel (including judges), equip- ment, personnel training, and supplies for more widespread adjudication of cases involving persons accused of violating such State and local laws, to pay operating expenses in connection with such adjudication, and to provide quickly temporary facili- -n-u ties in which to conduct adjudications of such cases; "(4) provide additional public correctional resources for the detention of persons convicted of violating State and local laws relating to the production, possession, or transfer of controlled substances, and to establish and improve treatment and re-
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-42 habilitative counseling provided to drug dependent persons con- victed of violating State and local laws; "(5) conduct programs of eradication aimed at destrojdng wild or illicit growth of plant species from which controlled sub- stances may be extracted; "(6) provide programs which identify and meet the needs of drug-dependent offenders; and "(7) conduct demonstration programs, in conjunction with local law enforcement officials, in areas in which there is a high incidence of drug abuse and drug trafficking to expedite the prosecution of major drug offenders by providing additional resources, such as investigators and prosecutors, to identify major drug offenders and move these offenders expeditiously through the judicial system. APPLICATIONS TO RECEIVE GRANTS "SEC. 1303. To request a grant under section 1302, the chief State and local executive officer of a State shall submit to the Director an applica- governments. tion at such time and in such form as the Director may require. 42 u s e 3796J. Such application shall include— "(1) a statewide strategy for the enforcement of State and local laws relating to the production, possession, and transfer of controlled substances; "(2) a certification that Federal funds made available under section 1302 of this title will not be used to supplant State or 2 local funds, but will be used to increase the amounts of such 5 funds that would, in the absence of Federal funds, be made available for drug law enforcement activities; J "(3) a certification that funds required to pay the non-Federal portion of the cost of each program and project for which such ^ grant is made shall be in addition to funds that would otherwise 'I be made available for drug law enforcement by the recipients of ^^ grant funds; * "(4) an assurance that the State application described in this section, and any amendment to such application, has been submitted for review to the State legislature or its designated * body (for purposes of this section, such application or amend- ment shall be deemed to be reviewed if the State legislature or such body does not review such application or amendment a within the 60-day period beginning on the date such application '; or amendment is so submitted); and ^_ "(5) an assurance that the State application and any amend- X-. ment thereto was made public before submission to the Bureau and, to the extent provided under State law or established procedure, an opportunity to comment thereon was provided to citizens and to neighborhood and community groups. Such strategy shall be prepared after consultation with State and local officials whose duty it is to enforce such laws. Such strategy Reports. shall include an assurance that following the first fiscal year cov- ered by an application and each fiscal year thereafter, the applicant shall submit to the Director or to the State, as the case may be, a performance report concerning the activities carried out pursuant to section 1302 of this title.
100 STAT. 3207-43 PUBLIC LAW 99-570—OCT. 27, 1986 -noa 'di>i REVIEW OF APPUCATIONS 42 u s e 3796k. "SEC. 1304. (a) The Bureau shall provide financial assistance to each State applicant under section 1302 of this title to carry out the programs or projects submitted by such applicant upon determining that- ' l l ) the application or amendment thereto is consistent with the requirements of this title; and "(2) before the approval of the application and any amend- ment thereto the Bureau has made an affirmative finding in writing that the program or project has been reviewed in accordance with section 1303 of this title. Each application or amendment made and submitted for approval to the Bureau pursuant to section 1303 shall be deemed approved, in whole or in part, by the Bureau not later than sixty days after first received unless the Bureau informs the applicant of specific reasons for disapproval. Grants. "0>) Grant funds awarded under section 1302 of this title shall not be used for land acquisition or construction projects, other than penal and correctional institutions. "(c) The Bureau shall not finally disapprove any application, or any amendment thereto, submitted to the Director under this sec- tion without first affording the applicant reasonable notice and opportunity for reconsideration. ALLOCATION AND DISTRIBUTION OF FUNDS UNDER FORMULA GRANTS State and local "SEC. 1305. (a) Of the total amount appropriated for this part in governments. any fiscal year, 80 per centum shall be set aside for section 1302 and 42 u s e 3796Z. allocated to States as follows: "(1) $500,000 shall be allocated to each of the participating States. "(2) Of the total funds remaining after the allocation under lo i paragraph (1), there shsdl be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States. "ObXD Each State which receives funds under subsection (a) in a fiscal year shall distribute among units of local government, or combinations of units of local government, in such State for the purposes specified in section 1302 of this title that portion of such funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local govern- ment for criminal justice in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government in such State for criminal justice in such preced- ing fiscal year. "(2) Any funds not distributed to units of local government under paragraph (1) shall be available for expenditure by the State in- volved. "(3) For purposes of determining the distribution of funds under parsigraph (1), the most accurate and complete data available for the fiscal year involved shall be used. If data for such fiscal year are not available, then the most accurate and complete data available for the most recent fiscal year preceding such fiscal year shall be used. "(c) No funds allocated to a State under subsection (a) or received by a State for distribution under subsection (b) may be distributed
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-44 by the Director or by the State involved for any program other than a program contained in an approved application. "(d) If the Director determines, on the basis of information avail- Urban areas. able to it during any fiscal year, that a portion of the funds allocated Rural areas. to a State for that fiscal year will not be required or that a State will be unable to qualify or receive funds under section 1302 of this title, or that a State chooses not to participate in the program established under such section, then such portion shall be awarded by the im Director to urban, rural, and suburban units of local government or combinations thereof within such State giving priority to those jurisdictions with greatest need. "(e) Any funds allocated under subsection (a) that are not distrib- uted under this section shall be available for obligation under section 1309 of this title. "REPORTS "SEC. 1306. (a) Each State which receives a grant under section 42 u s e 3796m. 1302 of this title shall submit to the Director, for each year in which any part of such grant is expended by a State or unit of local government, a report which contains— "(1) a summary of the activities carried out with such grant and an assessment of the impact of such activities on meeting • the needs identified in the State strategy submitted under section 1303 of this title; ^ "(2) a summary of the activities carried out in such year with '* any grant received under section 1309 of this title by such State; and "(3) such other information as the Director may require by rule. Such report shall be submitted in such form and by such time as the Director may require by rule. "(b) Not later than ninety days after the end of each fiscal year for which grants are made under section 1302 of this title, the Director shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that includes with respect to each State— "(1) the aggregate amount of grants made under sections 1302 and 1309 of this title to such State for such fiscal year; "(2) the amount of such grants expended for each of the ' purposes specified in section 1302; and "(3) a summary of the information provided in compliance t with paragraphs (1) and (2) of subsection (a). '. EXPENDITURE OF GRANTS; RECORDS ' "SEC. 1307. (a) A grant made under section 1302 of this title may Indians. not be expended for more than 75 per centum of the cost of the 42 u s e 3796n. identified uses, in the aggregate, for which such grant is received to carry out any purpose specified in section 1302, except that in the case of funds distributed to an Indian tribe which performs law enforcement functions (as determined by the Secretary of the In- terior) for any such program or project, the amount of such grant shall be equal to 100 per centum of such cost. The non-Federal portion of the expenditures for such uses shall be paid in cash.
100 STAT. 3207-45 PUBLIC LAW 99-570—OCT. 27, 1986 "(h) Not more than 10 per centum of a grant made under section 1302 of this title may be used for costs incurred to administer such grant. "(cXD Each State which receives a grant under section 1302 of this title shall keep, and shall require units of local government which receive any part of such grant to keep, such records as the Director may require by rule to facilitate an effective audit. State and local "(2) The Director and the Comptroller General of the United governments. States shall have access, for the purpose of audit and examination, to any books, documents, and records of States which receive grants, and of units of local government which receive any part of a grant made under section 1302, if in the opinion of the Director or the Comptroller General, such books, documents, and records are re- lated to the receipt or use of any such grant. STATE OFFICE 42 u s e 3796o. "SEC. 1308. (a) The chief executive of each participating State shall designate a State office for purposes of— "(1) preparing an application to obtain funds under section 1302 ofthis title; and "(2) administering funds received under such section from the Director, including receipt, review, processing, monitoring, !»« progress and financial report review, technical assistance, grant adjustments, accounting, auditing, and fund disbursements. "Ot)) An office or agency performing other functions within the executive branch of a State may be designated to carry out the functions specified in subsection (a). !.{i,|i: DISCRETIONARY GRANTS 42 u s e 3796p. "SEC. 1309. The Director is authorized to make grants to public agencies and private nonprofit organizations for any purpose speci- fied in section 1302 of this title. The Director shall have final authority over all grants awarded under this section. APPUCATION REQUIREMENTS 42 use 3796q. "SEC. 1310. (a) No grant may be made under section 1309 of this title unless an application has been submitted to the Director in which the applicant— "(1) sets forth a program or project which is eligible for funding pursuant to section 1309 of this title; and "(2) describes the services to be provided, performance goals, and the manner in which the program is to be carried out. "0)) Each applicant for funds under section 1309 of this title shall certify that its program or project meets all the requirements of this ..-'cih^.- section, that all the information contained in the application is f»-; r' J F: correct, and that the applicant will comply with all the provisions of this title and all other applicable Federal laws. Such certification shall be made in a form acceptable to the Director. ALLOCATION OF FUNDS FOR DISCRETIONARY GRANTS 42 use 3796r. "SEC. 1311. Of the total amount appropriated for this part in any fiscal year, 20 per centum shall be reserved and set aside for section 1309 of this title in a special discretionary fund for use by the Director in carrying out the purposes specified in section 1302 of this
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-46 title. Grants under section 1309 may be made for amounts up to 100 per centum of the costs of the programs or projects contained in the approved application. "LIMITATION ON USE OF DISCRETIONARY GRANT FUNDS "SEC. 1312. Grant funds awarded under section 1309 of this title 42 USC 3796s. shall not be used for land acquisition or construction projects.". (b)(1) Subsections (a) and (b) of section 401 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3741) are each amended by striking out "part E" and inserting in lieu thereof "parts E and M". (2) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)) is amended by striking out "parts D and E" and inserting in lieu thereof "parts D, E, and M". (3) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is amended by inserting "or M" after "part D". (4) Section 808 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789) is amended by inserting "or 1308, as the case may be," after "section 408". (5) 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 striking out the items relating to part M and section 1301, and inserting in lieu thereof the following new items: "PART M—GRANTS FOR DRUG LAW ENFORCEMENT PROGRAMS "Sec. 1301. Function of the Director. "Sec. 1302. Description of drug law enforcement grant program. • / "Sec. 1303. Applications to receive grants. "Sec. 1304. Review of applications. "Sec. 1305. Allocation and distribution of funds under formula grants. "Sec. 1306. Reports. "Sec. 1307. Expenditure of grants; records. "Sec. 1308. State office. "Sec. 1309. Discretionary grants. "Sec. 1310. Application requirements. "Sec. 1311. Allocation of funds for discretionary grants. "Sec. 1312. Limitation on use of discretionary grant funds. "PART N—TRANSITION—EFFECTIVE DATE—REPEALER "Sec. 1401. Continuation of rules, authorities, and proceedings.". (c) Section 1001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended— (1) in subsection (a)— (A) in paragraph (3) by striking out "and L" and inserting ' •' in lieu thereof "L, and M", ^ -, (B) by redesignating paragraph (6) as paragraph (7), and (C) by inserting after paragraph (5) the following new paragraph: "(6) There are authorized to be appropriated $230,000,000 for fiscal year 1987, $230,000,000 for fiscal year 1988, and $230,000,000 for fiscal year 1989, to carry out the programs under part M of this title."; and (2) in subsection (h) by striking out "and E" and inserting in lieu thereof ", E, and M".
100 STAT. 3207-47 PUBLIC LAW 99-570—OCT. 27, 1986 Subtitle L—Study on the Use of Existing Federal Buildings as Prisons SEC. 1601. STUDY REQUIRED. ' (a) Within 90 days of the date of enactment of this Act, the gjjfti H ,?., j ; Secretary of Defense shall provide to the Attorney General— (1) a list of all sites under the jurisdiction of the Department of Defense including facilities beyond the excess and surplus r property inventories whose facilities or a portion thereof could > be used, or are being used, as detention facilities for felons, especially those who are a Federal responsibility such as illegal alien felons and major narcotics traffickers; (2) a statement of fact on how such facilities could be used as detention facilities with detailed descriptions on their actual daily percentage of use; their capacities or rated capacities; the time periods they could be utilized as detention facilities; the cost of converting such facilities to detention facilities; and, c the cost of maintaining them as such; and (3) in consultation with the Attorney General, a statement showing how the Department of Defense and the Department of Justice would administer and provide staffing responsibilities to convert and maintain such detention facilities. Reports. (b) Copies of the report and analysis required by subsection (a) shall be provided to the Congress. Subtitle M—Narcotics Traffickers Deportation Act SEC. 1751. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT. (a) Section 212(a)(23) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(23)) is amended— (1) by striking out "any law or regulation relating to" and all that follows through "addiction-sustaining opiate" and inserting in lieu thereof "any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))"; and (2) by striking out "any of the aforementioned drugs" and inserting in lieu thereof "any such controlled substance". (b) Section 241(a)(ll) of such Act (8 U.S.C. 1251(a)(ll)) is amended by striking out "any law or regulation relating to" and all that follows through "addiction-sustaining opiate" and inserting in lieu thereof "any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))". 8 use 1182 note. (c) The amendments made by the subsections (a) and (b) of this section shall apply to convictions occurring before, on, or after the date of the enactment of this section, and the amendments made by subsection (a) shall apply to aliens entering the United States after • the date of the enactment of this section. (d) Section 287 of the Immigration and Nationality Act (8 U.S.C. * 1357) is amended by adding at the end the following new subsection: "(d) In the case of an alien who is arrested by a Federal, State, or local law enforcement official for a violation of any law relating to controlled substances, if the official (or another official)—
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-48 "(1) has reason to believe that the alien may not have been lawfully admitted to the United States or otherwise is not lawfully present in the United States, "(2) expeditiously informs an appropriate officer or employee of the Service authorized and designated by the Attorney Gen- eral of the arrest and of facts concerning the status of the alien, and "(3) requests the Service to determine promptly whether or not to issue a detainer to detain the alien, the officer or em- ployee of the Service shall promptly determine whether or not to issue such a detainer. If such a detainer is issued and the alien is not otherwise detained by Federal, State, or local offi- cials, the Attorney General shall effectively and expeditiously take custody of the alien.". (e)(1) From the sums appropriated to carry out this Act, the 8 USC1103 note. Attorney General, through the Investigative Division of the Immigration and Naturalization Service, shall provide a pilot pro- gram in 4 cities to establish or improve the computer capabilities of the local offices of the Service and of local law enforcement agencies to respond to inquiries concerning aliens who have been arrested or convicted for, or are the subject to criminal investigation relating to, a violation of any law relating to controlled substances. The Attor- ney General shall select cities in a manner that provides special consideration for cities located near the land borders of the United States and for large cities which have major concentrations of aliens. Some of the sums made available under the pilot program shall be used to increase the personnel level of the Investigative Division. (2) At the end of the first year of the pilot program, the Attorney Reports. General shall provide for an evaluation of the effectiveness of the program and shall report to Congress on such evaluation and on whether the pilot program should be extended or expanded. Subtitle N—Freedom of Information Act Freedom of Information SEC. 1801. SHORT TITLE. Reform Act of 1986. This subtitle may be cited as the "Freedom of Information Reform 5 USC 552 note. Act of 1986". SEC. 1802. LAW ENFORCEMENT. (a) EXEMPTION.—Section 552(bX7) of title 5, United States Code, is amended to read as follows: "(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably State and local be expected to disclose the identity of a confidential source, governments. including a State, local, or foreign agency or authority or any private institution which furnished information on a confiden- tial basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a crimi- nal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and proce-
100 STAT. 3207-49 PUBLIC LAW 99-570—OCT. 27, 1986 dures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual;". (b) EXCLUSIONS.—Section 552 of title 5, United States Code, is amended by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f) respectively, and by inserting after subsection (b) the following new subsection: "(cXD Whenever a request is made which involves access to records described in subsection (bX7)(A) and— "(A) the investigation or proceeding involves a possible viola- tion of criminal law; and "(B) there is reason to believe that (i) the subject of the investigation or proceeding is not aware of its pendency, and (ii) disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings, the agency may, during only such time as that circumstance contin- ues, treat the records as not subject to the requirements of this section. "(2) Whenever informant records maintained by a criminal law enforcement agency under an informant's name or personal identi- fier are requested by a third party according to the informant's name or personal identifier, the agency may treat the records as not subject to the requirements of this section unless the informant's status as an informant has been officially confirmed. "(3) Whenever a request is made which involves access to records maintained by the Federal Bureau of Investigation pertaining to foreign intelligence or counterintelligence, or international terror- ism, and the existence of the records is classified information as provided in subsection (bXD, the Bureau may, as long as the exist- ence of the records remains classified information, treat the records as not subject to the requirements of this section.". SEC. 1803. FEES AND FEE WAIVERS. Paragraph (4XA) of section 552(a) of title 5, United States Code, is amended to read as follows: Regulations. "(4)(A)(i) In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifjdng the schedule of fees applicable to the processing of requests under this section and establishing proce- dures and guidelines for determining when such fees should be waived or reduced. Such schedule shall conform to the guidelines which shall be promulgated, pursuant to notice and receipt of public comment, by the Director of the Office of Management and Budget and which shall provide for a uniform schedule of fees for all agencies, "(ii) Such agency regulations shall provide that— "(I) fees shall be limited to reasonable standard charges for document search, duplication, and review, when records are requested for commercial use; Research and "(II) fees shall be limited to reasonable standard charges for development. document duplication when records are not sought for commer- cial use and the request is made by an educational or non- commercial scientific institution, whose purpose is scholarly or scientific research; or a representative of the news media; and
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-50 "(III) for any request not described in (I) or (II), fees shall be limited to reasonable standard charges for document search and duplication, "(iii) Documents shall be furnished without any charge or at a ' * '' charge reduced below the fees established under clause (ii) if disclo- sure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial ' ' - interest of the requester. "(iv) Fee schedules shall provide for the recovery of only the direct costs of search, duplication, or review. Review costs shall include only the direct costs incurred during the initial examination of a document for the purposes of determining whether the documents must be disclosed under this section and for the purposes of withholding any portions exempt from disclosure under this sec- tion. Review costs may not include any costs incurred in resolving issues of law or policy that may be raised in the course of processing a request under this section. No fee may be charged by any agency under this section— "(I) if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee; or "(II) for any request described in clause (ii) (II) or (III) of this subparagraph for the first two hours of search time or for the first one hundred pages of duplication. "(v) No agency may require advance payment of any fee unless the requester has previously failed to pay fees in a timely fashion, or the agency has determined that the fee will exceed $250. "(vi) Nothing in this subparagraph shall supersede fees charge- able under a statute specifically providing for setting the level of fees for particular types of records. "(vii) In any action by a requester regarding the waiver of fees under this section, the court shall determine the matter de novo: ^ > i Provided, That the court's review of the matter shall be limited to the record before the agency.". SEC. 1804. EFFECTIVE DATES. 5 USC 552 note. (a) The amendments made by section 1802 shall be effective on the date of enactment of this Act, and shall apply with respect to any requests for records, whether or not the request was made prior to such date, and shall apply to any civil action pending on such date. (b)(1) The amendments made by section 1803 shall be effective 180 days after the date of enactment of this Act, except that regulations to implement such amendments shall be promulgated by such 180th day. (2) The amendments made by section 1803 shall apply with respect to any requests for records, whether or not the request was made prior to such date, and shall apply to any civil action pending on such date, except that review charges applicable to records re- quested for commercial use shall not be applied by an agency to requests made before the effective date specified in paragraph (1) of this subsection or before the agency has finally issued its regulations.
100 STAT. 3207-51 PUBLIC LAW 99-570—OCT. 27, 1986 Mail Order Drug Subtitle O—Prohibition on the Interstate Sale and Transportation cSticf' Of » ' " « Paraphernalia 21 u s e 801 note. SEC. 1821. SHORT TITLE. ... M,., :...^^ . . •= < r* ..:, . ..-*..• This subtitle may be cited as the "Mail Order Drug Paraphernalia Control Act". 21USC857. S E C . 1822. O F F E N S E . . . . . - . • * . . . . . . . - . • . ' - v- •- '^•-^•^.- • ^.••'. (a) It is unlawful for any person— (1) to make use of the services of the Postal Service or other interstate conveyance as part of a scheme to sell drug paraphernalia; (2) to offer for sale and transportation in interstate or foreign commerce drug paraphernalia; or (3) to import or export drug paraphernalia. (b) Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined not more than $100,000. (c) Any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture upon the conviction of a person for such violation. Any such paraphernalia shall be delivered to the Administrator of General Services, General Services Administration, who may order such paraphernalia de- stroyed or may authorize its use for law enforcement or educational purposes by Federal, State, or local authorities. (d) The term "drug paraphernalia" means any equipment, prod- uct, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Controlled Substances Act (title II of Public Law 21 use 802. 91-513). It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines into the human body, such £IS— y; * ' d 1 :M Q ) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (2) w a t e r pipes; jL'slw >.i.;. •••7 ••: .-r /.K,,; (3) carburetion tubes and devices; (4) smoking and carburetion masks; (5) roach clips: meaning objects used to hold burning mate- rial, such as a marihuana cigarette, that has become too small or too short to be held in the hand; (6) miniature spoons with level capacities of one-tenth cubic centimeter or less; - r , jo .- !--. (7) c h a m b e r pipes; , • ;, . : '-M - ' . ^ 9* (8) c a r b u r e t o r pipes; ..j - : : ^\, - o.^ • (9) electric pipes; , >.> . j ; , , -u .: • > IJ i (10) air-driven pipes; - ,. ' , • , . , . «t (11) chillums; (12) bongs; (13) ice pipes or chillers; (14) wired cigarette papers; or (15) cocaine freebase kits.
PUBLIC LAW 99-570—OCT. 27, 1986 iOO STAT. 3207-52 (e) In determining whether an item constitutes drug parapherna- lia, in addition to all other logically relevant factors, the following may be considered: (1) instructions, oral or written, provided with the item I. concerning its use; "^ (2) descriptive materials accompanying the item which ex- plain or depict its use; •^ ' (3) national and local advertising concerning its use; ;. ^'''] (4) the manner in which the item is displayed for sale; f"' (5) whether the owner, or anyone in control of the item, is a ,, ^'^ legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; .,. ^ ^^' (6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise; (7) the existence and scope of legitimate uses of the item in the community; and (8) expert testimony concerning its use. (f) This subtitle shall not apply to— (1) any person authorized by local. State, or Federal law to manufacture, possess, or distribute such items; or (2) any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and primarily intended for use with tobacco products, including any pipe, paper, or accessory. SEC. 1823. EFFECTIVE DATE. 21 USC 857 note. This subtitle shall become effective 90 days after the date of enactment of this Act. Subtitle P—Manufacturing Operations SEC. 1841. MANUFACTURING OPERATION. (a) Part D of the Controlled Substances Act is amended by adding ' ; • at the end thereof the following new section: " E S T A B U S H M E N T O F MANUFACTURING OPERATIONS "SEC. 416. (a) Except as authorized by this title, it shall be 21 USC 856. unlawful to— "(1) knowingly open or maintain any place for the purpose of manufacturing, distributing, or using any controlled substance; "(2) manage or control any building, room, or enclosure, either as an owner, lessee, agent, employee, or mortgsigee, and knowingly and intentionally rent, lease, or make available for use, with or without compensation, the building, room, or enclo- sure for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance. "(b) Any person who violates subsection (a) of this section shall be sentenced to a term of imprisonment of not more than 20 years or a fine of not more than $500,000, or both, or a fine of $2,000,000 for a person other than an individual.". (b) Section 405A of the Controlled Substances Act is amended— ^"*«. P- 3207-11. (1) in subsection (a) by inserting after "section 401(aXl)" the following: "or section 416"; and * ''• (2) in subsection Ob) by inserting after "section 401(aXl)" the following: "or section 416".
100 STAT. 3207-53 PUBLIC LAW 99-570—OCT. 27, 1986 Subtitle Q—Controlled Substances Technical Amendments Drug and SEC. 1861. DUTIES OF DIRECTOR OF ADMINISTRATIVE OFFICE AND Alcohol AUTHORIZATIONS. Dependent Offenders (a) SHORT TITLE.—This section may be cited as the "Drug and Treatment Act Alcohol Dependent Offenders Treatment Act of 1986". of 1986. 18 u s e 3661 (b) PERMANENT AMENDMENT RELATING TO DUTIES OF DIRECTOR OF note. ADMINISTRATIVE OFFICE.—(1) The section of title 18, United States Code, that is redesignated section 3672 by section 212(a) of the 98 Stat. 1987. Comprehensive Crime Control Act of 1984 is amended by adding at the end thereof: Contracts. "He shall have the authority to contract with any appropriate public or private agency or person for the detection of and care in the community of an offender who is an alcohol-dependent person, or an addict or a drug-dependent person within the meaning of section 2 of the Public Health Service Act (42 U.S.C. 201). This authority shall include the authority to provide equipment and supplies; testing; medical, educational, social, psychological, and vocational services; corrective and preventive , guidance and training; and other rehabilitative services de- signed to protect the public and benefit the alcohol dependent ^ person, addict, or drug dependent person by eliminating his dependence on alcohol or addicting drugs, or by controlling his dependence and his susceptibility to addiction. He may nego- tiate and award such contracts without regard to section 3709 of I the Revised Statutes (41 U.S.C. 5). "He shall pay for presentence studies and reports by qualified consultants and presentence examinations and reports by psy- chiatric or psychological examiners ordered by the court under 18 u s e 3552. subsection (b) or (c) of section 3552, except for studies conducted by the Bureau of Prisons.". Effective date. (2) The amendment made by this section shall take effect on the 18 u s e 3672 date of the taking effect of such redesignation. note. (c) INTERIM AMENDMENT RELATING TO DUTIES OF DIRECTOR OF ADMINISTRATIVE OFFICE.—The second paragraph of section 4255 of title 18, United States Code, is amended to read as follows: Contracts. "The Director of the Administrative Office of the United States Courts shall have the authority to contract with any appropriate public or private agency or person for the detection of and care in the community of an offender who is an alcohol-dependent person, or an addict or a drug-dependent person within the meaning of section 2 of the Public Health Service Act (42 U.S.C. 201). Such authority includes the authority to provide equipment and supplies; testing; medical, educational, social, psychological, and vocational services; corrective and preventive guidance and training; and other rehabilitative services designed to protect the public and benefit the alcohol dependent person, addict, or drug dependent person by eliminating that person's or addict's dependence on alcohol or addicting drugs, or by controlling that person's or addict's depend- ence and susceptibility to addiction. Such Director may negotiate and award such contracts without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5).". 18 u s e 4255 (d) REAUTHORIZATION OF CONTRACT SERVICES.—Section 4(a) of the note. Contract Services for Drug Dependent Federal Offenders Act of 1978 is amended—
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-54 (1) by striking out "and $6,000,000" and inserting "$6,500,000" in lieu thereof; and (2) by striking out the two periods at the end and inserting in lieu thereof "; $12,000,000 for the fiscal year ending Sep- tember 30, 1987; $14,000,000 for the fiscal year ending September 30, 1988; and $16,000,000 for the fiscal year ending September 30, 1989.". SEC. 1862. AMENDMENT TO SECTION 608 OF THE TARIFF ACT. (a) Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended by striking out "$2,500" and inserting in lieu thereof "$5,000". (b) Section 608 of such Act, as enacted by Public Law 98-473, is repealed. SEC. 1863. AMENDMENTS TO SECTION 616 OF THE TARIFF ACT. (a) Subsection (c) of section 616 of the Tariff Act of 1930 (19 U.S.C. 1616a(c)) as enacted by Public Law 98-573 is amended by inserting "any other Federal agency or to" after "property forfeited under this Act to". (b) Section 616 of such Act, as enacted by Public Law 98-473, is 19 USC 1616. repealed. SEC. 1864. CROSS REFERENCE CORRECTIONS. Section 413 of the Controlled Substances Act (21 U.S.C. 853) is amended— (1) in subsection (c) and in the second subsection (h), by striking out "subsection (o)" and inserting "subsection (n)" in lieu thereof; (2) in subsection (f) by striking out "subsection (f)" and insert- ing "subsection (e)" in lieu thereof; (3) in subsection (iXD, by striking out "this chapter" and inserting "this title" in lieu thereof; and (4) by redesignating the second subsection (h) as subsec- tion (k). SEC. 1865. WARRANTS RELATING TO SEIZURE. Subsection (b) of section 511 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(b)) is amended— (1) by striking out "or criminal" after "Any property subject to civil"; (2) in paragraph (4), by striking out "or criminal" sifter "is subject to civil"; and (3) by adding the following at the end thereof: "The Government may request the issuance of a warrant au- thorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure.". 18 USC app. Ot>) Subsection (i) of section 511 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(i)) is amended by inserting ", or a violation of State or local law that could have been charged under this title or title III," after "title III". SEC. 1866. MINOR TECHNICAL AMENDMENTS. (a) Section 403(aX2) of the Controlled Substances Act (21 U.S.C. 843(aX2)) is amended by striking out the period at the end and inserting a semicolon in lieu thereof.
100 STAT. 3207-55 PUBLIC LAW 99-570—OCT. 27, 1986 (b) Section 405A(b) of the Controlled Substances Act (21 U.S.C. 845a(b)) is amended by striking out "special term" and inserting "term of supervised release" in lieu thereof. (c) Section 405A(c) of the Controlled Substances Act (21 U.S.C. 845a(c)) is amended by striking out "section 4202" and inserting "chapter 311" in lieu thereof. (d) Section 1008(e) of the Controlled Substances Import and Export Act (21 U.S.C. 958(e)) is amended by striking out "section" the first place it appears and inserting "sections" in lieu thereof. (e) Section 1010(b)(3) of the Controlled Substances Import and Export Act (21 U.S.C. 96003)(3)) is amended by striking out ", except as provided in paragraph (4)". (f) The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended— (1) by inserting after the item relating to section 405 the following: "Sec. 405A. Manufacture or distribution in or near schools. ^^; "Sec. 405B. Employment of minors in controlled substance trafficking."; ^^ and .8u>, oj (2) by inserting after the item relating to section 414 the following: "Sec. 415. A l t e r n a t i v e fine.". -,,. ...r,-,-. ,, •.:,-;/-,-, • >-^,-.*-- ,,.v:,.-.ria .^-j,.•<;•.'> - -n,;. -^'j;^ S E C . 1867. M O D I F I C A T I O N O F C O C A I N E D E F I N I T I O N F O R P U R P O S E S O F SCHEDULE II. Subsection (a)(4) of schedule II of section 202(c) the Controlled Substances Act (21 U.S.C. 812) is amended to read as follows: "(4) Coca leaves (except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed); cocaine, its salts, optical and geometric isomers, and salts of isomers; and ecgonine, its deriva- tives, their salts, isomers, and salts of isomers.'. SEC. 1868. AUTHORITY OF ATTORNEY GENERAL TO ENTER INTO CONTRACTS WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES. Section 503(a) of the Controlled Substances Act (21 U.S.C. 873(a)) is amended— (1) by striking out "and" at the end of paragraph (5); (2) by striking out the period at the end of paragraph (6) and Ri inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(7) notwithstanding any other provision of law, enter into • = contractual agreements with State and local law enforcement agencies to provide for cooperative enforcement and regulatory activities under this title.". .qvn k'' SEC. 1869. AUTHORITY OF ATTORNEY GENERAL TO DEPUTIZE STATE AND LOCAL LAW ENFORCEMENT OFFICERS FOR CONTROLLED SUBSTANCES ENFORCEMENT. Section 508 of the Controlled Substances Act (21 U.S.C. 878) is amended— (1) by inserting "(a)" before "Any officer or employee"; (2) by inserting after "Drug Enforcement Administration" the 21 use 802. «>f:?5 following: "or (with respect to offenses under this title or title 21 use 951. Ill) any State or local law enforcement officer"; and
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-56 (3) by adding at the end thereof the following new subsection: "(b) State and local law enforcement officers performing functions under this section shall not be deemed Federal employees and shall not be subject to provisions of law relating to Federal employees, except that such officers shall be subject to section 3374(c) of title 5, United States Code.". SEC. 1870. CLARIFICATION OF ISOMER DEFINITION. The second and third sentences of section 102(14) of the Controlled Substeinces Act (21 U.S.C. 802(14)) are each amended by striking out "the" after "the term 'isomer' means" and inserting in lieu thereof "any". .^ Subtitle R—Precursor and Essential Chemical Review SEC. 1901. PRECURSOR AND ESSENTIAL CHEMICAL REVIEW. (a) STUDY AND REPORT.—The Attorney General shall— (1) conduct a study of the need for legislation, regulation, or alternative methods to control the diversion of legitimate precursor and essential chemicals to the illegal production of drugs of abuse; and (2) report all findings of such study to Congress not later than the end of the 90th day after the date of enactment of this subtitle. (b) CloNSiDERATiONS.—In Conducting such study the Attorney Gen- eral shall take into consideration that— (1) clandestine manufacture continues to be a major source of „,^ narcotic and dangerous drugs on the illegal drug market; '''* (2) these drugs are produced using a variety of chemicals ,yj^. which are found in commercial channels and which are diverted to illegal uses; (3) steps have been taken to deny drug traffickers access to key precursor chemicals, including that— liCxf (A) P2P, a precursor chemical used in the production of amphetamines and methamphetamines was administra- tively controlled in schedule II of the Controlled Substances by the Drug Enforcement Administration; (B) a variety of controls were placed on piperidine, the precursor for phencyclidine, by the Psychotropic Substance Act of 1978; and 21 u s e 801 note. (C) the Drug Enforcement Administration has main- ' s " tained a voluntary system in cooperation with chemical industry to report suspicious purchases of precursors and essential chemicals; and (4) despite the formal and voluntary systems that currently exist, clandestine production of S3aithetic narcotics and dan- gerous drugs continue to contribute to drug trafficking and abuse problems in the United States. Subtitle S—White House Conference for a Drug Free America White House Conference for a SEC. 1931. SHORT TITLE. Ameri^ET This subtitle may be cited as the "White House Conference for a 20 USC 4601 note. Drug Free America".
100 STAT. 3207-57 PUBLIC LAW 99-570—OCT. 27, 1986 20 u s e 4601 SEC. 1932. ESTABLISHMENT OP THE CONFERENCE. There is established a conference to be known gis "The White House Conference for a Drug Free America". The members of the Conference shall be appointed by the President. 20USC4601 S E C . 1933. P U R P O S E . -«"---;• -'•• ^ ^ '•-4: ^ • : • : : . , .;;u:,:> The purposes of the Conference are— (1) to share information and experiences in order to vigor- ously and directly attack drug abuse at all levels, local. State, Federal, and international; ; (2) to bring public attention to those approaches to drug abuse education and prevention which have been successful in curbing drug abuse and those methods of treatment which have enabled drug abusers to become drug free; (3) to highlight the dimensions of the drug abuse crisis, to examine the progress made in dealing with such crisis, and to assist in formulating a national strategy to thwart sale and solicitation of illicit drugs and to prevent and treat drug abuse; and * (4) to examine the essential role of parents and family mem- bers in preventing the basic causes of drug abuse and in success- ful treatment efforts. 20 u s e 4601 SEC. 1934. RESPONSIBILITIES OF THE CONFERENCE. The Conference shall specifically review— (1) the effectiveness of law enforcement at the local. State, and Federal levels to prevent the sale and solicitation of illicit drugs and the need to provide greater coordination among such programs; (2) the impact of drug abuse upon American education, examining in particular— (A) the effectiveness of drug education programs in our schools with particular attention to those schools, both public and private, which have maintained a drug free learning environment; ^' (B) the role of colleges and universities in discouraging ';"' the illegal use of drugs by student-athletes; and * '^ (C) the relationship between drug abuse by student-ath- letes and college athletic policies, including eligibility and '^ academic requirements, recruiting policies, athletic depart- ^- ment financing policies, the establishment of separate ^^ campus facilities for athletes, and the demands of practice and lengthy playing seasons; * (3) the extent to which Federal, State, and local programs of i drug abuse education, prevention, and treatment require re- organization or reform in order to better use available resources V and to ensure greater coordination among such programs; (4) the impact of current laws on efforts to control inter- I national and domestic trafficking of illicit drugs; (5) the extent to which the sanctions in section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291) have been, or ,,,,. should be, used in encouraging foreign states to comply with ,) their international responsibilities respecting controlling sub- stances; and (6) the circumstances contributing to the initiation of illicit . ' drug usage, with particular emphasis on the onset of drug use by youth.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-58 SEC. 1935. CONFERENCE PARTICIPANTS. 20 USC 4601 In order to carry out the purposes and responsibilities specified in sections 1933 and 1934, the Conference shall bring together individuals concerned with issues relating to drug abuse education, prevention, and treatment, and the production, trafficking, and distribution of illicit drugs. The President shall— President of U.S. (1) ensure the active participation in the Conference of the heads of appropriate executive and military departments, and iKf agencies, including the Attorney General, the Secretary of Edu- cation, the Secretary of Health and Human Services, Secretary of Transportation, and the Director of ACTION; (2) provide for the involvement in the Conference of other appropriate public officials, including Members of Congress, Governors of States, and Mayors of Cities; (3) provide for the involvement in the Conference of private entities, especially parents' organizations, which have been active in the fight against drug abuse; and (4) provide for the involvement in the Conference of individ- uals distinguished in medicine, law, drug abuse treatment and prevention, primary, secondary, and postsecondary education, IAJ'K and law enforcement. SEC. 1936. ADMINISTRATIVE PROVISIONS. 20 USC 4601 (a) All Federal departments, agencies, and instrumentalities shall provide such support and assistance as may be necessary to facili- tate the planning and administration of the Conference. N X U (b) The President is authorized to appoint and compensate an executive director and such other directors and personnel for the Conference as the President may consider advisable, without regard to the provisions of title 5, United States Code, governing appoint- ments in the competitive service, and without regard to the provi- sions of chapter 51 and subchapter III of chapter 52 of such title 5 USC 5101 ' relating to classification and General Schedule pay rates. «^ s«9- (c) Upon request by the executive director, the heads of the executive and military departments are authorized to detail employ- ees to work with the executive director in planning and administer- ing the Conference without regard to the provisions of section 3341 of title 5, United States Code. (d) Each participant in the Conference shall be responsible for the expenses of such participant in attending the Conference, and shall not be reimbursed for such expenses from amounts appropriated to carry out this subtitle. SEC. 1937. FINAL REPORT AND FOLLOW-UP ACTIONS. 20 USC 4601 (a) FINAL REPORT.—No later than six months after the effective date of this Act, the Conference shall prepare and transmit a final report to the President and to Congress, pursuant to sections 1933 and 1934. The report shall include the findings and recommenda- tions of the Conference as well as proposals for any legislative action necessary to implement such recommendations. (b) FOLLOW-UP ACTIONS.—The President shall report to the Con- gress annually, during the 3-year period following the submission of the final report of the Conference, on the status and implementation of the findings and recommendations of the Conference.
100 STAT. 3207-59 PUBLIC LAW 99-570—OCT. 27, 1986 20 u s e 4601 SEC. 1938. AUTHORIZATION. note. There are hereby authorized to be appropriated $2,000,000 for fiscal year 1988 for purposes of this subtitle. '. Subtitle T—Common Carrier Operation Under the Influence of Alcohol or Drugs m ssq SEC. 1971. OFFENSE. (a) Part I of title 18, United States Code, is amended by inserting after chapter 17, the following: "CHAPTER 17A—COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS .^^,, :^,.: ^ ,. , "Sec. •• ' -•' -^.-^ - ^ -: "341. Definitions. " ' -•* "342. Operation of a common carrier under the influence of alcohol or drugs. "343. Presumptions. 18 u s e 341. "§ 341. Definitions ^ "As used in this chapter, the term 'common carrier' means a rail carrier, a sleeping car carrier, a bus transporting passengers in interstate commerce, a water common carrier, and an air common carrier. 18 u s e 342. "§ 342. Operation of a common carrier under the influence of alcohol or drugs "Whoever operates or directs the operation of a common carrier while under the influence of alcohol or drugs, shall be imprisoned not more than five years or fined not more than $10,000, or both. 18 u s e 343. "§ 343. Presumptions •> "For purposes of this chapter— "(1) an individual with a blood alcohol content of .10 or more shall be conclusively presumed to be under the influence of alcohol; and "(2) an individual shall be conclusively presumed to be under the influence of drugs if the quantity of the drug in the system of the individual would be sufficient to impair the perception, mental processes, or motor functions of the average individual.". 03) The table of chapters for part I of title 18, United States Code, is amended by adding after the item for chapter 17 the following: "17A. Common Carrier Operation Under the Influence of Alcohol or Drugs Federal Drug Subtitle U—Federal Drug Law Enforcement Agent Protection Act Law of 1986 Enforcement Agent Protection SEC. 1991. SHORT TITLE. Act of 1986. 21 u s e 801 note. This subtitle may be cited as the "Federal Drug Law Enforcement Agent Protection Act of 1986". SEC. 1992. AMENDMENT TO THE CONTROLLED SUBSTANCES ACT. Subsection (e) of section 511 of the Controlled Substances Act (21 U.S.C. 881(e)) is amended by—
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-60 (1) inserting after "(e)" the following: "(1)"; (2) redesignating paragraphs (1), (2), (3), and (4) as subpara- graphs (A), (B), (C), and (D), respectively; and (3) striking out the matter of following subparagraph (D), as redesignated, and inserting in lieu thereof the following: "(2)(A) The proceeds from any sale under subparagraph (B) of paragraph (1) and any moneys forfeited under this title shall be used to pay— , "(i) all property expenses of the proceedings for forfeiture and K^^* * sale including expenses of seizure, maintenance of custody, advertising, and court costs; and "(ii) awards of up to $100,000 to any individual who provides original information which leads to the arrest and conviction of a person who kills or kidnaps a Federal drug law enforcement agent. ,.^^ . Any award paid for information concerning the killing or kidnap- '' " ping of a Federal drug law enforcement agent, as provided in clause (ii), shall be paid at the discretion of the Attorney General. "(B) The Attorney General shall forward to the Treasurer of the United States for deposit in accordance with section 524(c) of title 28, United States Code, any amounts of such moneys and proceeds remaining after payment of the expenses provided in subparagraph (A).". TITLE II—INTERNATIONAL NARCOTICS CONTROL International i.. Narcotics Control Act of SEC. 2001. SHORT TITLE. 1986. This title may be cited as the "International Narcotics Control 22 USC 2151 Act of 1986". ''°^- SEC. 2002. ADDITIONAL FUNDING FOR INTERNATIONAL NARCOTICS CONTROL ASSISTANCE AND REGIONAL COOPERATION. Section 482(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291a(a)(l); authorizing appropriations for assistance for inter- national narcotics control) is amended— (1) by striking out "$57,529,000 for the fiscal year 1987" and inserting in lieu thereof "$75,445,000 for the fiscal year 1987"; and (2) by adding at the end the following: "In addition to the amounts authorized by the preceding sentence, there are au- thorized to be appropriated to the President $45,000,000 for the fiscal year 1987 to carry out the purposes of section 481, except 22 USC 2291. that funds may be appropriated pursuant to this additional authorization only if the President has submitted to the Congress a detailed plan for the expenditure of those funds, including a description of how regional cooperation on narcotics control matters would be promoted by the use of those funds. Of j«« . the funds authorized to be appropriated by the preceding sentence, not less that $10,000,000 shall be available only to pro- vide helicopters or other aircraft to countries receiving assist- ance for fiscal year 1987 under this chapter. These funds shall be used primarily for aircraft which will be based in Latin gijc -: • America for use for narcotics control eradication and interdic- tion efforts throughout the region. These aircraft shall be used solely for narcotics control, eradication, and interdiction efforts.".
100 STAT. 3207-61 PUBLIC LAW 99-570—OCT. 27, 1986 SEC. 2003. AIRCRAFT PROVIDED TO FOREIGN COUNTRIES FOR NARCOT- ICS CONTROL PURPOSES: RETENTION OF TITLE AND RECORDS OF USE. Chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.; relating to the international narcotics control assist- ance program) is amended by adding at the end the following new sections: ,; ; - 22 u s e 2291c. "SEC. 484. RETENTION OF TITLE TO AIRCRAFT. "Any aircraft which, at any time after the enactment of this section, are made available to a foreign country under this chapter, or are made available to a foreign country primarily for narcotics- related purposes under any other provision of law, shall be provided only on a lease or loan basis. 22USC2291d. "SEC. 485. RECORDS OF AIRCRAFT USE. "(a) REQUIREMENT TO MAINTAIN RECORDS.—The Secretary of State shall maintain detailed records on the use of any aircraft made available to a foreign country under this chapter, including aircraft made available before the enactment of this section. "(b) CONGRESSIONAL ACCESS TO RECORDS.—The Secretary of State shall make the records maintained pursuant to subsection (a) avail- able to the Congress upon a request of the Chairman of the Commit- tee on Foreign Affairs of the House of Representatives or the fc;.- Chairman of the Committee on Foreign Relations of the Senate.". SEC. 2004. PILOT AND AIRCRAFT MAINTENANCE TRAINING FOR NARCOT- ICS CONTROL ACTIVITIES. / (a) EARMARKING OF FUNDS.—Not less than $2,000,000 of the funds made available for fiscal year 1987 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to international military education and training) shall be available only for education and training in the operation and maintenance of aircraft used in narcotics control interdiction and eradication efforts. (b) RELATIONSHIP TO INTERNATIONAL NARCOTICS CONTROL ASSIST- ANCE PROGRAM.—Assistance under this section shall be coordinated with assistance provided under chapter 8 of part I of that Act (22 U.S.C. 2291 et seq.; relating to international narcotics control). (c) WAIVER OF SECTION 660.—Assistance may be provided pursuant to this section notwithstanding the prohibition contained in section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420; relating to '• ' - ' police training). SEC. 2005. RESTRICTIONS ON THE PROVISION OF UNITED STATES ASSISTANCE. (a) RESTRICTIONS.—Section 481(h) of the Foreign Assistance Act of 22 use 2291. 1961 is amended to read as follows: "(h)(1) Subject to paragraph (2), for every major illicit drug produc- ing country or major drug-transit country— "(A) 50 percent of United States assistance allocated for such country notified to Congress in the report required under sec- 22 use 2413. tion 653(a) of this Act shall be withheld from obligation and expenditure; and "(B) on or after March 1, 1987, and on March 1 of each succeeding year, the Secretary of the Treasury shall instruct the United States Executive Director of the International Bank
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-62 for Reconstruction and Development, the United States Execu- tive Director of the International Development Association, the United States Executive Director of the Inter-American Devel- opment Bank, and the United States Executive Director of the Asian Development Bank to vote against any loan or other utilization of the funds of their respective institution to or for such country. "(2)(A) The assistance withheld by paragraph (1)(A) may be obli- gated and expended and the provisions of paragraph (1)(B) shall not apply if the President determines, and so certifies to the Congress, at the time of the submission of the report required by subsection (e), that— "(i) during the previous year the country has cooperated fully with the United States, or has taken adequate steps on its own, .v: in preventing narcotic and psychotropic drugs and other con- trolled substances produced or processed, in whole or in part, in such country or transported through such country, from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents or from being transported, directly or indirectly, into the United States and in preventing and punishing the laundering in that country of drug-related profits or drug-related monies; or "(ii) for a country that would not otherwise qualify for certifi- cation under subclause (i), the vital national interests of the United States require the provision of such assistance, or financing. "(B) If the President makes a certification pursuant to clause (A)(ii), he shall include in such certification— "(i) a full and complete description of the vital national interests placed at risk should assistance, or financing not be provided such country; and "(ii) a statement weighing the risk described in subclause (i) against the risks posed to the vital national interests of the United States by the failure of such country to cooperate fully with the United States in combatting narcotics or to take adequate steps to combat narcotics on its own. "(3) In making the certification required by paragraph (2) of this subsection, the President shall give foremost consideration to whether the actions of the government of the country have resulted in the maximum reductions in illicit drug production which were determined to be achievable pursuant to subsection (e)(4). The Presi- dent shall also consider whether such government— "(A) has taken the legal and law enforcement measures to enforce in its territory, to the maximum extent possible, the elimination of illicit cultivation and the suppression of illicit manufacture of and traffic in narcotic and psychotropic drugs and other controlled substances, as evidenced by seizures of such drugs and substances and of illicit laboratories and the arrest and prosecution of violators involved in the traffic in such drugs and substances significantly affecting the United States; and "(B) has taken the legal and law enforcement steps necessary to eliminate, to the maximum extent possible, the laundering in that country of drug-related profits or drug-related monies, as , evidence by— "(i) the enactment and enforcement of laws prohibiting such conduct, and
100 STAT. 3207-63 PUBLIC LAW 99-570—OCT. 27, 1986 "(ii) the willingness of such government to enter into r'; mutual legal assistance agreements with the United States •i>'4 governing (but not limited to) money laundering, and ir "(iii) the degree to which such government otherwise ivi cooperates with United States law enforcement authorities on anti-money laundering efforts. "(4)(A) The provisions of paragraph (1) shall apply without regard to paragraph (2) if the Congress enacts, within 30 days of continuous session after receipt of a certification under paragraph (2), a joint resolution disapproving the determination of the President con- tained in such certification. "(B)(i) Any such joint resolution shall be considered in the Senate in accordance with the provisions of section GOlO?) of the Inter- 90 Stat. 765. national Security Assistance and Arms Export Control Act of 1976. "(ii) For the purpose of expediting the consideration and enact- ment of joint resolution under this subsection, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. "(5) Any country for which the President has not made a certifi- cation under paragraph (2) or with respect to which the Congress has enacted a joint resolution disapproving such certification may not receive United States assistance as defined by subsection (i)(4) of this section or the financing described in paragraph (1)(B) of this subsection unless— "(A) the President makes a certification under paragraph (2) and the Congress does not enact a joint resolution of dis- approval; or "(B) the President submits at any other time a certification of the matters described in paragraph (2) with respect to such country and the Congress enacts, in accordance with the proce- dures of paragraph (4), a joint resolution approving such certification.". 22 use 2291. (b) REPORTING DATE.—Section 481(e) of such Act is amended by striking out "February" and inserting in lieu thereof "March". (c) DEFINITION.—Section 481(i) of such Act is amended— "(1) by striking out "and" at the end of paragraph (3); "(2) by striking out the period at the end of paragraph (4) and inserting in lieu thereof "; and"; and "(3) by adding at the end thereof the following new paragraph: ,^ . "(5) the term 'major drug-transit country' means a country— "(A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances signifi- cantly affecting the United States; "(B) through which are transported such drugs or sub- stances; or "(C) through which significant sums of drug-related prof- its or monies are laundered with the knowledge or complic- ity of the government.". (d) CHILD SURVIVAL FUND.—Section 481(i)(4) of such Act is amended by striking out "or (vi)" and inserting in lieu thereof "(vi) assistance from the Child Survival Fund under section 1049(c)(2) of this Act, or (vii)".
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-64 SEC. 2006. DEVELOPMENT OF HERBICIDES FOR AERIAL COCA ERADICATION. The Secretary of State shall use not less than $1,000,000 of the funds made available for fiscal year 1987 to carry out chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.; relating to international narcotics control) to finance research on and the development and testing of safe and effective herbicides for use in the aerial eradication of coca. SEC. 2007. REVIEW OF EFFECTIVENESS OF INTERNATIONAL NARCOTICS 22 USC 2291 CONTROL ASSISTANCE PROGRAM. note. (a) REQUIREMENT FOR INVESTIGATION.—The Comptroller General shall conduct a thorough and complete investigation to determine the effectiveness of the assistance provided pursuant to chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.; relating to international narcotics control). (b) REPORTS TO CONGRESS.— (1) PERIODIC REPORTS.—The Comptroller General shall report to the Congress periodically as the various portions of the investigation conducted pursuant to subsection (a) are completed. (2) FINAL REPORT.—Not later than March 1, 1988, the r ;: Comptroller General shall submit a final report to the Congress on the results of the investigation. This report shall include such recommendations for administrative or legislative action as the Comptroller General finds appropriate based on the investigation. SEC. 2008. EXTRADITION TO THE UNITED STATES FOR NARCOTICS- RELATED OFFENSES. Section 481(e)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(3); relating to the annual international narcotics control report) is amended by inserting after subparagraph (C) the following new subparagraph: "(D) A discussion of the extent to which such country has cooperated with the United States narcotics control efforts ^.,,, ^• through the extradition or prosecution of drug traffickers, and, where appropriate, a description of the status of negotiations with such country to negotiate a new or updated extradition treaty relating to narcotics offenses.". SEC. 2009. FOREIGN POLICE ARREST ACTIONS. Section 481(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(c); commonly known as the Mansfield amendment) is amended to read as follows: "(c)(1) No officer or employee of the United States may directly effect an arrest in any foreign country as part of any foreign police action with respect to narcotics control efforts, notwithstanding any other provision of law. This paragraph does not prohibit an officer or employee from assisting foreign officers who are effecting an arrest. "(2) Unless the Secretary of State, in consultation with the Attor- ney General, has determined that the application of this paragraph with respect to that foreign country would be harmful to the national interests of the United States, no officer or employee of the United States may engage or participate in any direct police arrest action in a foreign country with respect to narcotics control efforts, notwithstanding any other provision of law. Nothing in paragraph
100 STAT. 3207-65 PUBLIC LAW 99-570—OCT. 27, 1986 (1) shall be construed to allow United States officers or employees to engage or participate in activities prohibited by this paragraph in a country with respect to which this paragraph applies. "(3) Paragraphs (1) and (2) do not prohibit an officer or employee from taking direct action to protect life or safety if exigent cir- cumstances arise which are unanticipated and which pose an imme- diate threat to United States officers or employees, officers or employees of a foreign government, or members of the public. "(4) With the agreement of a foreign country, paragraphs (1) and (2) shall not apply with respect to maritime law enforcement oper- ations in the territorial sea of that country. "(5) No officer or employee of the United States may interrogate or be present during the interrogation of any United States person arrested in any foreign country with respect to narcotics control efforts without the written consent of such person. "(6) This subsection shall not apply to the activities of the United States Armed Forces in carrying out their responsibilities under applicable Status of Forces arrangements.". SEC. 2010. ISSUANCE OF DIPLOMATIC PASSPORTS FOR DRUG ENFORCE- MENT ADMINISTRATION AGENTS ABROAD. Reports. The Congress commends the decision of the Secretary of State to issue diplomatic passports, rather than official passports, to officials and employees of the Drug Enforcement Administration who are assigned abroad. The Secretary shall report to the Congress before making any change in this policy. SEC. 2011. INFORMATION-SHARING SO THAT VISAS ARE DENIED TO DRUG TRAFFICKERS. (a) NEED FOR COMPREHENSIVE INFORMATION SYSTEM.—The Con- gress is concerned that the executive branch has not established a comprehensive information system on all drug arrests of foreign nationals in the United States so that information may be commu- nicated to the appropriate United States embassies, even though the establishment of such a system is required by section 132 of the 8 u s e 1182 note. Foreign Relations Authorization Act, Fiscal Years 1986 and 1987. Reports. (h) ESTABLISHMENT OF SYSTEM.—The executive branch shall act expeditiously to establish the comprehensive information system required by section 132 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, and submit to the Congress a report that the system has been established. SEC. 2012. CONDITIONS ON ASSISTANCE FOR BOLIVIA. (a) OPERATION BLAST FURNACE.—(1) It is the sense of the Congress that— (A) the Government of Bolivia's recent drug interdiction oper- ations in cooperation with the United States (Operation Blast Furnace) evinced a determination to combat the growing power of the narcotics trade and narcotics traffickers; (B) the operation has had a dramatic effect on the coca trade in that country by dropping the price of coca below the cost of production; (C) as a result of this operation the coca trade has in the short '*'^' term been sharply constricted; (D) the restoration of non-coca dependent economic growth in Bolivia is crucial to the achievement of long-term progress in controlling illicit narcotics production; and . , . . . . .
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-66 (E) control of illicit drug production is crucial to the survival of democratic institutions and democratic government in Bolivia. (2) The Congress, therefore, applauds the demonstrated willing- ness of the Paz Estenssoro government, despite the risks of severe domestic criticism and disruptive economic consequences, to co- operate with the United States in Operation Blast Furnace. (b) CONDITIONS ON ASSISTANCE.—Paragraph (2) of section 611 of r the International Security and Development Cooperation Act of '" 1985 is amended by striking out subparagraphs (A) and (B) and 99 Stat. 230. inserting in lieu thereof the following: "(A) up to 50 percent of the aggregate amount of such assistance allocated for Bolivia may be provided at any time iij a'. after the President certifies to the Congress that Bolivia has engaged in narcotics interdiction operations which have significantly disrupted the illicit coca industry in Bolivia or has cooperated with the United States in such operations; t and "(B) the remaining amount of such assistance may be -J • provided at any time after the President certifies to the Congress that Bolivia has either met in calendar year 1986 the eradication targets for the calendar year 1985 contained i». in its 1983 narcotics agreements with the United States or . T,2 has entered into an agreement of cooperation with the ''?• i • ^ United States for implementing that plan for 1987 and •foti; beyond (including numerical eradication targets) and is if. making substantial progress toward the plan's objectives, t: including substantial eradication of illicit coca crops and effective use of United States assistance. * MB •, >- In the certification required by subparagraph (B), the President shall explain why the terms of the 1983 agreement proved unattain- able and the reasons why a new agreement was necessary.". (c) RELATION TO OTHER PROVISIONS.—Nothing in the amendment made by subsection (b) shall be construed as superseding any provi- sion of section 481 of the Foreign Assistance Act of 1961. Ante, pp. 3207- 61—3207-64. SEC. 2013. REPORTS AND RESTRICTIONS CONCERNING CERTAIN 22 USC 2291-1. COUNTRIES. (a) REPORTS.—Not later than 6 months after the date of enactment President of U.S. of this Act and every 6 months thereafter, the President shall prepare and transmit to the Congress a report— (1) listing each major illicit drug producing country and each major drug-transit country— s (A) which, as a matter of government policy, encourages in&i' or facilitates the production or distribution of illegal drugs; ' (B) in which any senior official of the government of such s country engages in, encourages, or facilitates the produc- .: tion or distribution of illegal drugs; (C) in which any member of an agency of the United States Government engaged in drug enforcement activities since January 1, 1985, has suffered or been threatened with 1/ violence, inflicted by or with the complicity of any law enforcement or other officer of such country or any political -: subdivision thereof; or (D) which, having been requested to do so by the United States Government, fails to provide reasonable cooperation ^\.-, to lawful activities of United States drug enforcement
100 STAT. 3207-67 PUBLIC LAW 99-570—OCT. 27, 1986 agents, including the refusal of permission to such agents engaged in interdiction of aerial smuggling into the United States to pursue suspected aerial smugglers a reasonable distance into the airspace of the requested country; and (2) describing for each country listed under paragraph (1) the activities and identities of officials whose activities caused such country to be so listed. Banks and (b) RESTRICTIONS.—No United States assistance may be furnished banking. to any country listed under subsection (a)(1), and the United States representative to any multilateral development bank shall vote to oppose any loan or other use of the funds of such bank for the benefit of any country listed under subsection (a)(1), unless the President certifies to the Congress that— (1) overriding vital national interests require the provision of such assistance; (2) such assistance would improve the prospects for coopera- tion with such country in halting the flow of illegal drugs; and (3) the government of such country has made bona fide efforts to investigate and prosecute appropriate charges for any crime described in subsection (a)(1)(C) which may have been commit- ted in such country. (c) RELATION TO OTHER PROVISIONS.—The restrictions contained in subsection (b) are in addition to the restrictions contained in section Ante, p. 3207-61. 481(h) of the Foreign Assistance Act of 1961 or any other provision of law. (d) DEFINITIONS.—For purposes of this section, the terms "major illicit drug producing country", "major drug-transit country", and "United States assistance" have the same meaning as is given to Ante, p. 3207-63. those terms by section 481(i) of the Foreign Assistance Act of 1961. SEC. 2014. COMBATING NARCOTERRORISM. , > (a) FINDING.—The Congress finds that the increased cooperation and collaboration between narcotics traffickers and terrorist groups constitutes a serious threat to United States national security in- terests and to the political stability of numerous other countries, particularly in Latin America. (b) IMPROVED CAPABILITY FOR RESPONDING TO NARCOTERRORISM.— The President shall take concrete steps to improve the capability of .H '.i \C,!;,»pi the executive branch— (1) to collect information concerning the links between narcot- ics traffickers and the acts of terrorism abroad, and f (2) to develop an effective and coordinated means for respond- ing to the threat which those links pose. President of U.S. Not later than 90 days after the date of enactment of this Act, the Reports. President shall report to the Congress on the steps taken pursuant to this subsection. (c) ADMINISTRATION OF JUSTICE PROGRAM.—Of the amounts made available for fiscal year 1987 to carry out section 534 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346c; relating to the administra- tion of justice program), funds may be used to provide to Colombia or other countries in the region such assistance as they may request for protection of judicial or other officials who are targets of narcoterrorist attacks. (d) REWARD CONCERNING JORGE LUIS OCHOA VASQUEZ.—It is the sense of the Congress that the authority of section 36(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)), as amended by section 502(a) of the Omnibus Diplomatic Security and
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-68 Antiterrorism Act of 1986 (Public Law 99-399; enacted August 27, 1986), should be used expeditiously to establish a reward of up to $500,000 for information leading to the arrest or conviction of Jorge Luis Ochoa Vasquez for narcotics-related offenses. SEC. 2015. INTERDICTION PROCEDURES FOR VESSELS OF FOREIGN 46 u s e app. REGISTRY. 1902 note. (a) FINDINGS.—The Congress finds that— (1) the interdiction by the United States Coast Guard of vessels suspected for carrying illicit narcotics can be a difficult procedure when the vessel is of foreign registry and is located beyond the customs waters of the United States; (2) before boarding and inspecting such a vessel, the Coast Guard must obtain consent from either the master of the vessel or the country of registry; and (3) this process, and obtaining the consent of the country of registry to further law enforcement action, may delay the inter- diction of the vessel by 3 or 4 days, Ot)) NEGOTIATIONS CONCERNING INTEEDICTION PROCEDURES.— (1) The Congress urges the Secretary of State, in consultation with the Secretary of the department in which the Coast Guard is operating, to increase effects to negotiate with relevant coun- tries procedures which will facilitate interdiction of vessels suspected of carrying illicit narcotics. (2) If a country refuses to negotiate with respect to interdic- tion procedures, the President shall take appropriate actions directed against that country, which may include the denial of access to United States ports to vessels registered in that country. (3) The Secretary of State shall submit reports to the Congress Reports. semiannually identifjdng those countries which have failed to negotiate with respect to interdiction procedures. SEC. 2016. ASSESSMENT OF NARCOTICS TRAFFICKING FROM AFRICA. The President shall direct that an updated threat assessment of narcotics trafficking from Africa be prepared. If it is determined that an increased threat exists, the assessment shall examine the need for the United States to provide increased narcotics control training for African countries. SEC. 2017. POLICY TOWARD MULTILATERAL DEVELOPMENT BANKS. Section 481(a) of the Foreign Assistance Act of 1961 is amended— 22 u s e 2291. (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: "(3) In order to promote international cooperation in combatting international trafficking in illicit narcotics, it shall be the policy of the United States to use its voice and vote in multilateral develop- ment banks to promote the development and implementation in the major illicit drug producing countries of programs for the reduction and eventual eradication of narcotic drugs and other controlled substances, including appropriate assistance in conjunction with effective programs of illicit crop eradication.". SEC. 2018. MULTILATERAL DEVELOPMENT BANK ASSISTANCE FOR DRUG 22 u s e 2291 ERADICATION AND CROP SUBSTITUTION PROGRAMS. note. (a) MDB ASSISTANCE FOR DEVELOPMENT AND IMPLEMENTATION OF Mexico. DRUG ERADICATION PROGRAM.—The Secretary of the Treasury shall
100 STAT. 3207-69 PUBLIC LAW 99-570—OCT. 27, 1986 instruct the United States Executive Directors of the multilateral development banks to initiate discussions with other Directors of their respective banks and to propose that all possible assistance be provided to each major illicit drug producing country for the devel- opment and implementation of a drug eradication program, includ- ing technical assistance, assistance in conducting feasibility studies and economic analyses, and assistance for alternate economic activities. (b) INCREASES IN MULTILATERAL DEVELOPMENT BANK LENDING FOR CROP SUBSTITUTION PROJECTS.—The Secretary of the Treasury shall instruct the United States Executive Directors of the multilateral development banks to initiate discussions with other Directors of their respective banks and to propose that each such bank increase the amount of lending by such bank for crop substitution programs which will provide an economic alternative for the cultivation or production of illicit narcotic drugs or other controlled substances in major illicit drug producing countries, to the extent such countries develop and maintain adequate drug eradication programs. (c) NATIONAL ADVISORY COUNCIL REPORT.—The Secretary of the Treasury shall include in the annual report to the Congress by the National Advisory Council on International Monetary and Financial Policies a detailed accounting of the manner in which and the extent to which the provisions of this section have been carried out. (d) DEFINITIONS.—For purposes of this section— (1) MULTILATERAL DEVELOPMENT BANK.—The term "multilat- eral development bank" means the International Bank for Re- construction and Development, the International Development Association, the Inter-American Development Bank, the Afri- can Development Bank, and the Asian Development Bank. *t, o;!-i (2) MAJOR ILLICIT DRUG PRODUCING COUNTRY.—The term "major illicit drug producing country" has the meaning pro- vided in section 481(i)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(i)(2)). (3) NARCOTIC DRUG AND CONTROLLED SUBSTANCE.—The terms "narcotic drug" and "controlled substance" have the meanings given to such terms in section 102 of the Controlled Substances Act (21 U.S.C. 802). SEC. 2019. DRUGS AS A NATIONAL SECURITY PROBLEM. President of U.S. The Congress hereby declares that drugs are a national security problem and urges the President to explore the possibility of engag- T ^i ing such essentially security-oriented organizations as the North Atlantic Treaty Organization in cooperative drug programs. SEC. 2020. FINDINGS CONCERNING GREATER INTERNATIONAL EFFORT TO ADDRESS DRUG THREAT. The Congress finds that— (1) in response to the growing narcotics threat to the inter- national community— (A) the Single Convention on Narcotic Drugs, 1961, the . 1972 Protocol amending that Convention, and the Conven- tion on Psychotropic Substances were adopted under United Nations auspices, and '; (B) the United Nations has created various entities to deal with drug abuse control and prevention; and :f^ > (2) a greater international effort is required to address this i i threat, such as additional or increased contributions by other
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-70 countries to the United Nations Fund for Drug Abuse and Control and greater coordination of enforcement and eradi- cation efforts. SEC. 2021. INTERNATIONAL CONFERENCE ON DRUG ABUSE AND ILLICIT TRAFFICKING. (a) CONGRESSIONAL SUPPORT.—The Congress hereby declares its support for United Nations General Assembly Resolution 40/122 adopted on December 13, 1985, in which the General Assembly decided to convene in 1987, an International Conference on Drug Abuse and Illicit Trafficking in order to generate universal action to combat the drug problem in all its forms at the national, regional, and international levels, and to adopt a comprehensive outline of future activities. Ot>) UNITED STATES PARTICIPATION.—With respect to United States participation in the International Conference on Drug Abuse and Illicit Trafficking, the Congress calls on the President— (1) to appoint the head of the United States delegation well in advance of the conference; and ^ (2) to ensure that necessary resources are available for United States preparation and participation. (c) REPORT TO CONGRESS.—Not later than April 30, 1987, the President of U.S. President shall report to the Congress on the status of United States preparations for the International Conference on Drug Abuse and Illicit Trafficking, incuding the status of naming the delegation, the issues expected to arise, and United States policy initiatives to be taken at the conference. SEC. 2022. EFFECTIVENESS OF INTERNATIONAL DRUG PREVENTION AND CONTROL SYSTEM. (a) STUDY.—The United States should seek to improve the pro- gram and budget effectiveness of United Nations entities related to narcotics prevention and control by studying the capability of exist- ing United Nations drug-related declarations, conventions, and enti- ties to heighten international awareness and promote the necessary strategies for international action, to strengthen international co- operation, and to make effective use of available United Nations funds. (b) REPORT TO CONGRESS.—Not later than April 30, 1987, the President of U.S. President shall report to the Congress any recommendations that may result from this study. SEC. 2023. NARCOTICS CONTROL CONVENTIONS. The Congress— (1) urges that the United Nations Commission on Narcotic Drugs complete work as quickly as possible, consistent with the ^ objective of obtaining an effective agreement, on a new draft convention against illicit traffic in narcotic drugs and psycho- tropic substances, in accordance with the mandate given the Commission by United Nations General Assembly Resolution 39/141; and ' (2) calls for more effective implementation of existing conven- tions relating to narcotics. SEC. 2024. MEXICO-UNITED STATES INTERGOVERNMENTAL COMMISSION. (a) NEGOTIATIONS TO ESTABLISH.—In accordance with the resolu- President of U.S. tion adopted by the 26th Mexico-United Interparliamentary
100 STAT. 3207-71 PUBLIC LAW 99-570—OCT. 27, 1986 Conference which recommended that the Government of Mexico and the Government of the United States estabUsh a Mexico-United States Intergovernmental Commission on Narcotics and Psycho- tropic Drug Abuse and Control, the President should direct the Secretary of State, in conjunction with the National Drug Enforce- ment Policy Board, to enter into negotiations with the Government of Mexico to create such a joint intergovernmental commission. (b) MEMBERSHIP.—The commission, which should meet semiannu- ally, should include members of the Mexican Senate and Chamber of Deputies and the United States House of Representatives and Senate, together with members of the Executive departments of each Government responsible for drug abuse, education, prevention, treatment, and law enforcement. (c) REPORT TO CONGRESS.—Not later than 90 days after the date of enactment of this Act, the Secretary of State shall report to the Congress on the progress being made in establishing a commission in accordance with subsection (a). SEC. 2025. OPIUM PRODUCTION IN PAKISTAN. (a) FINDINGS.—The Congress finds that— (1) the production of opium in Pakistan is expected to more MHV, .•::••- .\-', than double in the 1985-1986 growing season, posing an in- creased threat to the health and welfare of the people of Paki- stan and the people of the United States; and (2) despite past achievements, the current eradication pro- gram in Pakistan, which employs manual eradication of opium poppies, has proven inadequate to meet this new challenge. (b) NEED FOR MORE EFFECTIVE DRUG CONTROL PROGRAM.—The Congress urges that the Government of Pakistan adopt and imple- ment a comprehensive narcotics control program which would pro- vide for more effective prosecution of drug traffickers, increased interdiction, and aerial eradication of opium poppies. (c) REPORT TO CONGRESS.—The Secretary of State shall report to the Congress not later than 60 days after the date of enactment of this Act with Respect to the adoption and implementation by the Government of Pakistan of a comprehensive narcotics control pro- gram in accordance with subsection (b). SEC. 2026. OPIUM PRODUCTION IN IRAN, AFGHANISTAN, AND LAOS. ' President of U.S. The Congress calls on the President to instruct the United States Ambassador to the United Nations to request that the United Nations Secretary General raise with delegations to the Inter- national Conference on Drug Abuse and Illicit Trafficking the prob- lem of illicit drug production in Iran, Afghanistan, and Laos, the largest opium poppy producing countries which do not have narcotics control programs. SEC. 2027. INCREASED FUNDING FOR USIA DRUG EDUCATION PROGRAMS. In. addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated for the United States Information Agency for fiscal year 1987 $2,000,000 which shall be available only for increasing drug education programs abroad. These programs may include— (1) the distribution of films and publications which dem- onstrate the impact of drugs on crime and health; and EJi'in4mbsm^. -ul. (2) exchange of persons programs and international visitor >if programs involving students, educators, and scientists.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-72 SEC. 2028. INCREASED FUNDING FOR AID DRUG EDUCATION PROGRAMS. In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated to the President for fiscal year 1987 $3,000,000 to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, which amount shall be used pursuant to 22 u s e 2151. section 1260t>)(2) of that Act for additional activities aimed at increas- 22 u s e 2151x. ing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries. SEC. 2029. REPORTS TO CONGRESS ON DRUG EDUCATION PROGRAMS 22 u s e 2291 ABROAD. note. The Director of the United States Information Agency and the Administrator of the Agency for International Development shall include in their annual reports to the Congress a description of the drug education programs carried out by their respective agencies. SEC. 2030. NARCOTICS CONTROL EFFORTS IN MEXICO. (a) CONGRESSIONAL FINDINGS.—The Congress finds— (1) in their meeting in August 1986, President de la Madrid Hurtado and President Reagan recognized the unique relation- ship between our two countries and the importance and the ^ . desire to respect the sovereignty of each nation; (2) further, the United States Government has actively worked to support the Mexican Government in easing its international '' debt burden; (3) both Presidents pledged their cooperation in drug eradi- i cation, enforcement and education; and i (4) this pledge of cooperation has not been realized fully because of the inadequate response of the Mexican Government in— •. (A) fully investigating the 1985 murders of U.S. Drug Enforcement Administration agent Enrique Camarena Salazar and his pilot, Alfredo Zavala Avelar; (B) fully investigating the 1986 detention and torture of U.S. Drug Enforcement Administration agent Victor Cortez, Junior; (C) bringing to trial and effectively prosecuting those responsible for the Camarena and Zavala murders and those responsible for the detention and torture of Cortez; <•»" (D) using effectively and efficiently the fleet of aircraft provided by the United States government for drug eradi- cation and interdiction; and (E) preventing drug trafficking and drug-related violence on the United States-Mexican border. (b) MEASURES TO B E CONSIDERED.—Therefore, it is the sense of President of U.S Congress that unless substantial progress is demonstrated in the near future on the issues described in subsection (A)(4), the President should consider taking one or more of the following measures: (1) imposition of a mandatory travel advisory for all of « Mexico; (2) restrictions on foreign assistance (including further disbursements from the Exchange Stabilization Fund and Fed- V eral Reserve Bank); (3) denial of favorable tariff treatment for Mexican products; 3^ (4) denial of favorable U.S. votes in multilateral development s banks.
100 STAT. 3207-73 PUBLIC LAW 99-570—OCT. 27, 1986 (c) PROSECUTION OF THOSE RESPONSIBLE FOR THE TORTURE AND MURDER OF D E A AGENTS.—Of the funds allocated for assistance for Mexico for fiscal year 1987 under chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.; relating to inter- • r:20 J ' national narcotics control), $1,000,000 shall be withheld from •3 0^ ] i ' expenditure until the President reports to the Congress that the Government of Mexico— (1) has fully investigated the 1985 murders of Drug Enforce- ment Administration agent Enrique Camarena Salazar and his '- i.' -iJ// pilot Alfredo Zavala Avelar; (2) has fully investigated the 1986 detention and torture of Drug Enforcement Administration agent Victor Cortez, Junior; and (3) has brought to trial and is effectively prosecuting those responsible for those murders and those responsible for that detention and torture. National Drug TITLE III—INTERDICTION 'J Interdiction v, < Iniprovement SEC. 3001. SHORT TITLE. Act of 1986. 21 use 801 note. This title may be cited as the "National Drug Interdiction Improvement Act of 1986". 21 u s e 801 note. SEC. 3002. FINDINGS. ' •. ' ' The Congress hereby finds that— wx (1) a balanced, coordinated, multifaceted strategy for combat- ing the growing drug abuse and drug trafficking problem in the United States is essential in order to stop the flow and abuse of drugs within our borders; (2) a balanced, coordinated, multifaceted strategy for combat- : f^"-. ing the narcotics drug abuse and trafficking in the United ' ;' States should include— (A) increased investigations of large networks of drug ' - smuggler organizations; n.. (B) source country drug eradication; (C) increased emphasis on stopping narcotics traffickers in countries through which drugs are transshipped; (D) increased emphasis on drug education programs in :"' the schools and workplace; . .:.• • J. (E) increased Federal Government assistance to State and t-i' ; local agencies, civic groups, school systems, and officials in their efforts to combat the drug abuse and trafficking ' '- problem at the local level; and (F) increased emphasis on the interdiction of drugs and }•' i." i li vi aiH drug smugglers at the borders of the United States, in the air, at sea, and on the land; (8) funds to support the interdiction of narcotics smugglers who threaten the transport of drugs through the air, on the sea, and across the land borders of the United States should be *' emphasized in the Federal Government budget process to the same extent as the other elements of a comprehensive antidrug effort are emphasized; t i (4) the Department of Defense and the use of its resources should be an integral part of a comprehensive, natonal drug interdiction program; ' ' (5) the Federal Government civilian agencies engaged in drug interdiction, particularly the United States Customs Service
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-74 and the Coast Guard, currently lack the aircraft, ships, radar, command, control, communications, and intelligence (C3I) system, and manpower resources necessary to mount a com- prehensive attack on the narcotics traffickers who threaten the United States; (6) the civilian drug interdiction agencies of the United States are currently interdicting only a small percentage of the illegal, r drug smuggler penetrations in the United States every year; (7) the budgets for our civilian drug interdiction agencies, ; ,, <^ primarily the United States Customs Service and the Coast t Guard, have not kept pace with those of the traditional inves- tigative law enforcement agencies of the Department of Justice; v-, 1 and -: (8) since the amendment of the Posse Comitatus Act (18 U.S.C. 1385) in 1981, the Department of Defense has assisted in the effort to interdict drugs, but they can do more. SEC. 3003. PURPOSES. 21 USC 801 note. It is the purpose of this title— (1) to increase the level of funding and resources available to j; civilian drug interdiction agencies of the Federal Government; (2) to increase the level of support from the Department of Defense as consistent with the Posse Comitatus Act, for inter- diction of the narcotics traffickers before such traffickers pene- trate the borders of the United States; and (3) to improve other drug interdiction programs of the Federal Government. Subtitle A—Department of Defense Drug Interdiclion Assistance Defense Drug Interdiction SEC. 3051. SHORT TITLE. f.^^l^^^'VS?. 10 USC 371 ^^^: note. This subtitle may be cited as the "Defense Drug Interdiction Assistance Act". SEC. 3052. AUTHORIZATION. (a) AUTHORIZATION OF APPROPRIATIONS FOR ENHANCED DRUG INTERDICTION ACTIVITIES.—Funds are hereby authorized to be appro- priated to the Department of Defense for fiscal year 1987 for enhancement of drug interdiction assistance activities of the Depart- ment as follows: (1) For procurement of aircraft for the Navy, $138,000,000, to be available for (A) the refurbishment and upgrading, for drug interdiction purposes, of four existing E-2C Hawkeye surveil- lance aircraft or any other aircraft of the Navy which the Secretary considers better suited than E-2C Hawkeye surveil- & lance aircraft to perform the drug interdiction mission, and (B) >f the procurement of four replacement aircraft (of the same type of aircraft refurbished and upgraded under the authorization in »f( this paragraph) and related spares for the Navy. (2) For procurement of seven radar aerostats, $99,500,000. sr (3) For procurement of eight Blackhawk helicopters, $40,000,000. (b) LOAN OF EQUIPMENT TO LAW ENFORCEMENT AGENCIES.—(1)(A) The Secretary of Defense shall make two of the existing aircraft refurbished and upgraded under subsection (aXD available to the Customs Service and the other two of such existing aircraft avail- able to the Coast Guard.
100 STAT. 3207-75 PUBLIC LAW 99-570—OCT. 27, 1986 (B) The Customs Service and the Coast Guard shall each have the responsibility for operation and maintenance costs attributable to the aircraft made available to the Customs Service and the Coast Guard, respectively, under subparagraph (A). (2) The Secretary of Defense shall make the radar aerostats acquired under subsection (a)(2) and the helicopters acquired under subsection (a)(3) available to agencies of the United States des- ignated by the National Drug Enforcement Policy Board established 21 use 1201 by the National Narcotics Act of 1984. ^o^- (3) Aircraft and radar aerostats shall be made available to agen- cies under this subsection subject to the provisions of chapter 18 of 10 use 371 et title 10, United States Code. *^9- (c) LIMITATION ON PROCUREMENT.—Amounts appropriated or otherwise made available to the Department of Defense for procure- ment for fiscal year 1987 or any prior fiscal year may be obligated for equipment for enhancement of authorized drug enforcement .y;,.„ «,! V activities of the Department of Defense under subsection (a) or any other provision of law only if the equipment— (1) is fully supportable within the existing service support system of the Department of Defense; and ^ •' (2) reasonably relates to an existing military, war reserve, or mobilization requirement. SEC. 3053. COAST GUARD ACTIVITIES. (a) FUNDING FOR PERSONNEL ON NAVAL VESSELS.—(1) Of the funds appropriated for operation and maintenance for the Navy for fiscal year 1987, the sum of $15,000,000 shall be transferred to the Sec- retary of Transportation and shall be available only for members of ' ' the Coast Guard assigned to duty as provided in section 379 of title 10, United States Code (as added by subsection (b)). ,.." ' ','"• (2) The active duty military strength level for the Coast Guard for fiscal year 1987 is hereby increased by 500 above any number otherwise provided by law. (b) ENHANCED DRUG INTERDICTION ASSISTANCE.—(1) Chapter 18 of title 10, United States Code, is amended by adding at the end the following new section: 10 use 379. "§ 379. Assignment of Coast Guard personnel to naval vessels for law enforcement purposes "(a) The Secretary of Defense and the Secretary of Transportation shall provide that there be assigned on board appropriate surface naval vessels at sea in a drug-interdiction area members of the Coast Guard who are trained in law enforcement and have powers of the Coast Guard under title 14, including the power to make arrests and to carry out searches and seizures. "(b) Members of the Coast Guard assigned to duty on board naval vessels under this section shall perform such law enforcement func- tions (including drug-interdiction functions)— "(1) as may be agreed upon by the Secretary of Defense and a the Secretary of Transportation; and '"5 "(2) as are otherwise within the jurisdiction of the Coast Guard. "(c) No fewer than 500 active duty personnel of the Coast Guard shall be assigned each fiscal year to duty under this section. How- ever, if at any time the Secretary of Transportation, after consulta- tion with the Secretary of Defense, determines that there are insufficient naval vessels available for purposes of this section, such
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-76 personnel may be assigned other duty involving enforcement of laws listed in section 374(a)(1) of this title. "(d) In this section, the term 'drug-interdiction area' means an area outside the land area of the United States in which the Secretary of Defense (in consultation with the Attorney General) determines that activities involving smuggling of drugs into the United States are ongoing.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "Sec. 879. Assignment of Coast Guard personnel to naval vessels for law enforcement purposes.". (3) Effective on the date of the enactment of this Act, section 1421 14 USC 89 note, of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 750), is repealed. (c) COAST GUARD RESERVE.—The Selected Reserve of the Coast Guard Reserve shall be programmed to attain a strength as of September 30, 1987, of not less than 14,400. Of such number, not less than 1,400 shall be used to augment units of the Coast Guard assigned to drug interdiction missions. (d) USE OF DEPARTMENT OF DEFENSE FUNDS FOR THE COAST GUARD.—In addition to any other amounts authorized to be appro- priated to the Department of Defense in fiscal year 1987, $45,000,000 shall be authorized to be appropriated for the installation of 360-degree radar systems on Coast Guard long-range surveillance aircraft. Any modifications of existing aircraft pursuant to this subsection shall comply with validated requirements and specifica- tions developed by the Coast Guard. The limitations contained in paragraphs (1) and (2) of section 3052(c) shall apply with respect to activities carried out under this subsection. SEC. 3054. REPORT ON DEFENSE DRUG EDUCATION ACTIVITIES. Not later than December 1, 1986, the Secretary of Defense, in Children and consultation with the National Drug Enforcement Policy Board and youth, the Department of Education, shall submit to the Committees on Armed P-ervices of the Senate and the House of Representatives a report containing a discussion of— ^L) the extent to which youth enrolled in schools operated by the Department of Defense for dependent members of the £ /.rmed Forces are receiving education on drug and substance ibuse, (2) the types of drug education programs that are currently f being provided in such schools, (3) whether additional drug education programs are needed in such schools, and (4) the extent to which drug education for youth in grades kindergarten through 12 include or should include preventive peer counseling classes. ..,„ j •:, jp^ r .? SEC. 3055. DRIVING WHILE IMPAIRED. Section 911 of title 10, United States Code, is amended by insert- ing "or while impaired by a substance described in section 912a(b) of this title (article 112a(b))," after "manner,".
100 STAT. 3207-77 PUBLIC LAW 99-570—OCT. 27, 1986 SEC. 3056. ASSISTANCE TO CIVILIAN LAW ENFORCEMENT AND EMER- GENCY ASSISTANCE BY DEPARTMENT OF DEFENSE PERSONNEL (a) ASSISTANCE TO CIVIUAN LAW ENFORCEMENT.—Section 374(a) of title 10, United States Code, is amended by striking out the period at the end and inserting in lieu thereof "or with respect to assistance that such agency is authorized to furnish to any foreign government which is involved in the enforcement of similar laws". (h) EMERGENCY ASSISTANCE.—Section 374(c) of such title is amended to read as follows: "(c)(1) In an emergency circumstance, equipment operated by or with the assistance of personnel assigned under subsection (a) may i' S '- «^ J be used as a base of operations outside the land area of the United States (or any territory, commonwealth, or possession of the United States) by Federal law enforcement officials— "(A) to facilitate the enforcement of a law listed in subsection (a); and "(B) to transport such law enforcement officials in connection with such operations; if the Secretary of Defense, the Attorney General, and the Secretary of State jointly determine that an emergency circumstance exists. "(2)(A) Subject to subparagraph (B), equipment operated by or with the assistance of personnel assigned under subsection (a) may not be used to interdict or interrupt the passage of vessels and aircraft. "(B) In an emergency circumstance, equipment operated by or with the assistance of personnel assigned under subsection (a) may be used to intercept vessels and aircraft outside the land area of the United States (or any territory, commonwealth, or possession of the United States) for the purposes of communicating with such vessels and aircraft to direct such vessels and aircraft to go to a location designated by appropriate civilian officials if the Secretary of De- j, fense, the Attorney General, and the Secretary of State jointly determine that an emergency circumstance exists and that enforce- ment of a law listed in subsection (a) would be seriously impaired if such use of equipment were not permitted. Such use of equipment may continue into the land area of the United States (or any territory or possession of the United States) in cases involving the hot pursuit of vessels or aircraft where such pursuit began outside such land area. "(3) For purposes of this subsection, an emergency circumstance exists when— "(A) the size or scope of the suspected criminal activity in a given situation poses a serious threat to the interest of the United States; and "(B) the assistance described in this subsection would signifi- c£intly enhance the enforcement of a law listed in subsection (a).". 10 u s e 374 note. SEC. 3057. ADDITIONAL DEPARTMENT OF DEFENSE DRUG LAW ENFORCE- MENT ASSISTANCE. (a) GENERAL REQUIREMENT.—(1) Within 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Congress the following: (A) A detailed list of all forms of assistance that shall bq made available by the Department of Defense to civilian drug law enforcement and drug interdiction agencies, including the
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-78 United States Customs Service, the Coast Guard, the Drug Enforcement Administration, and the Immigration and Natu- ralization Service. (B) A detailed plan for promptly lending equipment and ,i rendering drug interdiction-related assistance included on such list. (2) The list required by paragraph (1)(A) shall include, but not be limited to, a description of the following matters: (A) Surveillance equipment suitable for detecting air, land, «' and marine drug transportation activities. (B) Communications equipment, including secure communi- cations. (C) Support available from the reserve components of the Armed Forces for drug interdiction operations of civilian drug law enforcement agencies. (D) Intelligence on the growing, processing, and trans- shipment of drugs in drug source countries and the trans- shipment of drugs between such countries and the United States. (E) Support from the Southern Command and other unified and specified commands that is available to assist in drug interdiction. , (F) Aircraft suitable for use in air-to-air detection, intercep- tion, tracking, and seizure by civilian drug interdiction agen- cies, including the Customs Service and the Coast Guard. (G) Marine vessels suitable for use in maritime detection, interception, tracking, and seizure by civilian drug interdiction agencies, including the Customs Service and the Coast Guard. (H) Such land vehicles as may be appropriate for support activities relating to drug interdiction operations by civilian drug law enforcement agencies, including the Customs Service, the Immigration and Naturalization Service, and other Federal agencies having drug interdiction or drug eradication responsibilities. (b) COMMITTEE APPROVAL AND FINAL IMPLEMENTATION.—Within 30 days after the date on which the Congress receives the list and plan submitted under such subsection, the Committees on Armed Serv- ices of the Senate and the House of Representatives shall submit their approval or disapproval of such list and plan to the Secretary of Defense. Upon receipt of such approval or disapproval, the Sec- retary shall immediately convene a conference of the heads of the Federal Government agencies with jurisdiction over drug law enforcement, including the Customs Service, the Coast Guard, and the Drug Enforcement Administration, to determine the appro- priate distribution of the assets, items of support, or other assistance to be made available by the Department of Defense to such agencies. Not later than 60 days after the date on which such conference convenes, the Secretary of Defense and the heads of such agencies shall enter into appropriate memoranda of agreement specifying the distribution of such assistance. (c) EQUIPMENT SUBJECT TO SECTION 3052(c).—Equipment identified in this section is subject to the provisions of section 3052(c). (d) APPUCABILITY.—Subsections (a) and (b) shall not apply to any assets, equipment, items of support, or other assistance provided or authorized in any other provision of this title. (e) REVIEW BY GENERAL ACCOUNTING OFFICE.—The Comptroller General of the United States shall monitor the compliance of the
100 STAT. 3207-79 PUBLIC LAW 99-570—OCT. 27, 1986 Reports. Department of Defense with subsections (a) and (b). Not later than 90 days after the date on which the conference is convened under subsection (b), the Comptroller General shall transmit to the Con- gress a written report containing the Comptroller General's findings regarding the compliance of the Department of Defense with such subsections. The report shall include a review of the memoranda of agreement entered into under subsection (b). 10 u s e 525 note. SEC. 3058. GRADE OF DIRECTOR OF DEPARTMENT OF DEFENSE TASK FORCE ON DRUG ENFORCEMENT. During fiscal year 1987, the number of officers of the Marine Corps authorized under section 525(b) of title 10, United States Codes, to be on active duty in grades above major general is in- creased by one during any period that an officer of the Marine Corps is serving as the Director of the Department of Defense Task Force on Drug Enforcement. An additional officer in a grade above major general by reason of this section may not be in the grade of general. 10 u s e 9441 SEC. 3059. CIVIL AIR PATROL. (a) SENSE OF CONGRESS.—It is the sense of Congress that— (1) the Civil Air Patrol, the all-volunteer civilian auxiliary of the Air force, can increase its participation in and make signifi- ., cant contributions to the drug interdiction efforts of the Federal Government, and (2) the Secretary of the Air Force should fully support that participation. OJ) AUTHORIZATION.—In addition to any other amounts appro- priated for the Civil Air Patrol for fiscal year 1987, there are authorized to be appropriated for the Civil Air Patrol, out of any unobligated and uncommitted balances of appropriations for the Department of Defense for fiscal year 1986 which are carried for- ward into fiscal year 1987, $7,000,000 for the acquisition of the major items of equipment needed by the Civil Air Patrol for drug interdic- tion surveillance and reporting missions. (c) REPORTS.—(1) The Secretary of the Air Force shall submit to the Committees on Appropriations and on Armed Services of the Senate and the House of Representatives quarterly reports which contain the following information: (A) A description of the manner in which any funds are used under subsection O^). ^ (B) A detailed description of the activities of the Civil Air ' Patrol in support of the Federal Government's drug interdiction program. (2) The first report under paragraph (1) shall be submitted on the last day of the first quarter ending not less than 90 days after the date of the enactment of this Act. Customs Subtitle B—Customs Enforcement Enforcement Act 19 u l c 1654 ^^^- ^^^^- SHORT TITLE. note. Thig subtitle may be cited as the "Customs Enforcement Act of 1986".
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-80 PART 1—AMENDMENTS TO THE TARIFF ACT OF 1930 SEC. 3111. DEFINITIONS. Section 401 of the Tariff Act of 1930 (19 U.S.C. 1401) is amended— (1) by inserting ", and monetary instruments as defined in section 5312 of title 31, United States Code" before the period in subsection (c); (2) by striking out "The term" in subsection (k) and inserting •^: in lieu thereof "(1) The term"; (3) by adding at the end of subsection (k) the following new paragraph: "(2) For the purposes of sections 432, 433, 434, 448, 585, and 586, 19 use 1432; any vessel which— infra; 19 USC "(A) has visited any hovering vessel; J f 3207-82^''''^' "(B) has received merchandise while in the customs waters 3207-84. ' bevond the territorial sea; or (C) has received merchandise while on the high seas; shall be deemed to arrive or have arrived, as the CEise may be, from a foreign port or place."; and (4) by adding at the end thereof the following: "(m) CONTROLLED SUBSTANCE.—The term 'controlled substance' has the meaning given that term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). For purposes of this Act, a con- trolled substance shall be treated as merchandise the importation of which into the United States is prohibited, unless the importation is authorized under— "(1) an appropriate license or permit; or "(2) the Controlled Substances Import and Export Act.". 21 USC 801 note. SEC. 3112. REPORT OF ARRIVAL OF VESSELS, VEHICLES, AND AIRCRAFT. > j, Section 433 of the Tariff Act of 1930 (19 U.S.C. 1433) is amended to read as follows: "SEC. 433. REPORT OF ARRIVAL OF VESSELS, VEHICLES, AND AIRCRAFT. Virgin Islands. "(a) VESSEL ARRIVAL.—(1) Immediately upon the arrival at any port or place within the United States or the Virgin Islands of— "(A) any vessel from a foreign port or place; "(B) any foreign vessel from a domestic port; or "(C) any vessel of the United States carrying bonded mer- chandise, or foreign merchandise for which entry has not been made; ' the master of the vessel shall report the arrival at the nearest customs facility or such other place as the Secretary may prescribe by regulations. "(2) The Secretary may by regulation— "(A) prescribe the manner in which arrivals are to be re- ported under paragraph (1); and "(B) extend the time in which reports of arrival must be made, but not later than 24 hours after arrival. "Oa) VEHICLE ARRIVAL.—(1) Vehicles may arrive in the United States only at border crossing points designated by the Secretary. "(2) Except as otherwise authorized by the Secretary, immediately upon the arrival of any vehicle in the United States at a border crossing point, the person in charge of the vehicle shall— (A) report the arrival; and
100 STAT. 3207-81 PUBLIC LAW 99-570—OCT. 27, 1986 "(B) present the vehicle, and all persons and merchandise (including baggage) on board, for inspection; to the customs officer at the customs facility designated for that crossing point. "(c) AIRCRAFT ARRIVAL.—The pilot of any aircraft arriving in the United States or the Virgin Islands from any foreign airport or place shall comply with such advance notification, arrival reporting, and landing requirements as the Secretary may by regulation prescribe. "(d) PRESENTATION OF DOCUMENTATION.—The master, person in charge of a vehicle, or aircraft pilot shall present to customs officers such documents, papers, or manifests as the Secretary may by regulation prescribe. "(e) PROHIBITION ON DEPARTURES AND DISCHARGE.—Unless other- wise authorized by law, a vessel, aircraft, or vehicle may, after arriving in the United States or the Virgin Islands— "(1) depart from the port, place, or airport of arrival; or "(2) discharge any passenger or merchandise (including baggage); only in accordance with regulations prescribed by the Secretary.". SEC. 3113. PENALTIES FOR ARRIVAL, REPORTING, ENTRY, AND DEPAR- TURE VIOLATIONS. (a) FOR VIOLATIONS OF ARRIVAL, REPORTING, AND ENTRY REQUIRE- MENTS.—Section 436 of the Tariff Act of 1930 (19 U.S.C. 1436) is amended to read as follows: "SEC. 436. PENALTIES FOR VIOLATIONS OF THE ARRIVAL, REPORTING, AND ENTRY REQUIREMENTS. "(a) UNLAWFUL ACTS.—It is unlawful— Ante, p. 3207-80. "(1) to fail to comply with section 433; * - "(2) to present any forged, altered, or false document, paper, or manifest to a customs officer under section 433(d) without revealing the facts; 19 use 1434, "(3) to fail to make entry as required by section 434, 435, or 1435. 644 of this Act or section 1109 of the Federal Aviation Act (49 19 use 1644. U.S.C. App. 1509); or "(4) to fail to comply with, or violate, any regulation pre- scribed under any section referred to in any of paragraphs (1) through (3). "(b) CIVIL PENALTY.—Any master, person in charge of a vehicle, or aircraft pilot who commits any violation listed in subsection (a) is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation, and any conveyance used in connec- tion with any such violation is subject to seizure and forfeiture "(c) CRIMINAL PENALTY.—In addition to being liable for a civil penalty under subsection Ot>), any master, person in charge of a vehicle, or aircraft pilot who intentionally commits any violation listed in subsection (a) is, upon conviction, liable for a fine of not more than $2,000 or imprisonment for 1 year, or both; except that if the conveyance has, or is discovered to have had, on board any merchandise (other than sea stores or the equivalent for convey- ances other than vessels) the importation of which into the United States is prohibited, such individual is liable for an additional fine of not more than $10,000 or imprisonment for not more than 5 years, or both.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-82 "(d) ADDITIONAL CIVIL PENALTY.—If any merchandise (other than sea stores or the equivalent for conveyances other than a vessel) is imported or brought into the United States in or aboard a convey- ance which was not properly reported or entered, the master, person in charge of a vehicle, or aircraft pilot shall be liable for a civil penalty equal to the value of the merchandise and the merchandise may be seized and forfeited unless properly entered by the importer or consignee. If the merchandise consists of any controlled substance listed in section 584, the master, individual in charge of a vehicle, or 19 USC 1584. pilot shall be liable to the penalties prescribed in that section.". (b) INCREASE IN PENALTIES FOR DEPARTURE BEFORE REPORT OR ENTRY.—Section 585 of the Tariff Act of 1930 (19 U.S.C. 1585) is amended— (1) by striking out "shall be liable to a penalty of $5,000," (2) by striking out "$500" and inserting "$5,000 for the first violation, and $10,000 for each subsequent violation,". SEC. 3114. PENALTIES FOR UNAUTHORIZED UNLOADING OF PASSENGERS. Section 454 (19 U.S.C. 1454), is amended by striking out "$500 for each" and inserting "$1,000 for the first passenger and $500 for each additional". SEC. 3115. REPORTING REQUIREMENTS FOR INDIVIDUALS. (a) AMENDMENT.—Section 459 of the Tariff Act of 1930 (19 U.S.C. 1459) is amended to read as follows: "SEC. 459. REPORTING REQUIREMENTS FOR INDIVIDUALS. "(a) INDIVIDUALS ARRIVING OTHER THAN BY CONVEYANCE.—Except as otherwise authorized by the Secretary, individuals arriving in the United States other than by vessel, vehicle, or aircraft shall— "(1) enter the United States only at a border crossing point designated by the Secretary; and "(2) immediately— "(A) report the arrival, and J' . "(B) present themselves, and all articles accompanying them for inspection; e to the customs officer at the customs facility designated for that crossing point. "(b) INDIVIDUALS ARRIVING BY REPORTED CONVEYANCE.—Except as otherwise authorized by the Secretary, passengers and crew mem- bers aboard a conveyance the arrival in the United States of which was made or reported in accordance with section 433 or 644 of this Act or section 1109 of the Federal Aviation Act of 1958, or in Ante, p. 3207-80; accordance with applicable regulations, shall remain aboard 19 USC 1644; 49 the conveyance until authorized to depart the conveyance by ^^ ^PP- ^^^^• the appropriate customs officer. Upon departing the conveyance, the p£issengers and crew members shall immediately report to the designated customs facility with all articles accompanying them. "(c) INDIVIDUALS ARRIVING BY UNREPORTED CONVEYANCE.—Except as otherwise authorized by the Secretary, individuals aboard a conveyance the arrival in the United States of which was not made or reported in accordance with the laws or regulations referred to in subsection (b) shall immediately notify a customs officer and report their arrival, together with appropriate information concerning the conveyance on or in which they arrived, and present their property for customs examination and inspection.
100 STAT. 3207-83 PUBLIC LAW 99-570—OCT. 27, 1986 "(d) DEPARTURE FROM DESIGNATED CUSTOMS FACIUTIES.—Except as otherwise authorized by the Secretary, any person required to report to a designated customs facility under subsection (a), Q)), or (c) may not depart that facility until authorized to do so by the appro- priate customs officer. "(e) UNLAWFUL ACTS.—It is unlawful— "(1) to fail to comply with subsection (a), (b), or (c); "(2) to present any forged, altered, or false document or paper to a customs officer under subsection (a), (b), or (c) without revealing the facts; "(8) to violate subsection (d); or "(4) to fail to comply with, or violate, any regulation pre- scribed to carry out subsection (a), (b), (c), or (d). "(f) CIVIL PENALTY.—Any individual who violates any provision of subsection (e) is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation. "(g) CRIMINAL PENALTY.—In addition to being liable for a civil penalty under subsection (f), any individual who intentionally vio- lates any provision of subsection (e) is, upon conviction, liable for a fine of not more than $5,000, or imprisonment for not more than 1 year, or both.". 19 use 1460. (b) REPEAL.—Section 460 is repealed. SEC. 3116. PENALTIES FOR FAILURE TO DECLARE. Section 497 of the Tariff Act of 1930 (19 U.S.C. 1497) is amended to read as follows: "SEC. 497. PENALTIES FOR FAILURE TO DECLARE. . "(a) IN GENERAL.—(1) Any article which— "(A) is not included in the declaration and entry as made; and "(B) is not mentioned before examination of the baggage begins— "(i) in writing by such person, if written declaration and entry was required, or ;i "(ii) orally, if written declaration and entry was not required; shall be subject to forfeiture and such person shall be liable for a penalty determined under paragraph (2) with respect to such article. "(2) The amount of the penalty imposed under paragraph (1) with respect to any article is equal to— "(A) if the article is a controlled substance, 200 percent of the value of the article; and "(B) if the article is not a controlled substance, the value of the article. ' "(b) VALUE OF CONTROLLED SUBSTANCES.—(1) Notwithstanding any other provision of this Act, the value of any controlled substance shall, for purposes of this section, be equal to the amount deter- mined by the Secretary in consultation with the Attorney General of the United States, to be equal to the price at which such controlled substance is likely to be illegally sold to the consumer of such controlled substance. "(2) The Secretary and the Attorney General of the United States shall establish a method of determining the price a t which each controlled substance is likely to be illegedly sold to the consumer of such controlled substance.".
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-84 SEC. 3117. EXAMINATION OF BOOKS AND WITNESSES. Section 509 of the Tariff Act of 1930 (19 U.S.C. 1509) is amended— (1) by striking out ", required to be kept under section 508 of this Act," in subsection (a)(2) and inserting ", as defined in f subsection (c)(1)(A),"; and " ^' ^ (2) by amending subsection (c)(1)(A) to read as follows: •j "(A) The term 'records' includes statements, declarations, or documents— ^* "(i) required to be kept under section 508; or 19 USC 1508. *'^ "(ii) regarding which there is probable cause to believe that they pertain to merchandise the importation of which '^ into the United States is prohibited.". SEC. 3118. FALSE MANIFESTS; LACK OF MANIFEST. Section 584 of the Tariff Act of 1930 (19 U.S.C. 1584) is amended— (1) by striking out "$500" each place it appears and inserting in lieu thereof "$1,000"; '" (2) by striking out "$50" in subsection (a)(2) and inserting in '•'' lieu thereof "$1,000"; (3) by striking out "$25" in subsection (a)(2) and inserting in ' * lieu thereof "$500"; and (4) by striking out "$10" in subsection (a)(2) and inserting in lieu thereof "$200". SEC. 3119. UNLAWFUL UNLOADING OF MERCHANDISE. Section 586 of the Tariff Act of 1930 (19 U.S.C. 1586) is amended— (1) by striking out "$1,000" wherever it appears and inserting "$10,000"; and (2) by amending subsection (e)— (A) by striking out "one league of the coast of the United • States" and inserting "customs waters"; and (B) by striking out "2 years" and inserting "15 years". SEC. 3120. AVIATION SMUGGLING. Part V of title IV of the Tariff Act of 1930 is amended by adding after section 589 the following new section: 19 USC 1589, 1589a. "SEC. 590. AVIATION SMUGGLING. 19 USC 1590. "(a) IN GENERAL.—It is unlawful for the pilot of any aircraft to transport, or for any individual on board any aircraft to possess, merchandise knowing, or intending, that the merchandise will be introduced into the United States contrary to law. "(b) SEA TRANSFERS.—It is unlawful for any person to transfer merchandise between an aircraft and a vessel on the high seas or in the customs waters of the United States if such person has not been authorized by the Secretary to make such transfer and— "(1) either— ' -^ "(A) the aircraft is owned by a citizen of the United States or is registered in the United States, or "(B) the vessel is a vessel of the United States (within the meaning of section 3(b) of the Anti-Smuggling Act) (19 U.S.C. 1703(b)), or "(2) regardless of the nationality of the vessel or aircraft, such transfer is made under circumstances indicating the intent to make it possible for such merchandise, or any part thereof, to be introduced into the United States unlawfully.
100 STAT. 3207-85 PUBLIC LAW 99-570—OCT. 27, 1986 "(c) CIVIL PENALTIES.—Any person who violates any provision of this section is Hable for a civil penalty equal to twice the value of the merchandise involved in the violation, but not less than $10,000. The value of any controlled substance included in the merchandise shall Ante, p. 3207-83. be determined in accordance with section 497(b). "(d) CRIMINAL PENALTIES.—In addition to being liable for a civil penalty under subsection (c), any person who intentionally commits a violation of any provision of this section is, upon conviction— J : "(1) liable for a fine of not more than $10,()00 or imprisonment •^.j for not more than 5 years, or both, if none of the merchandise • involved was a controlled substance; or "(2) liable for a fine of not more than $250,000 or imprison- ment for not more than 20 years, or both, if any of the merchan- dise involved was a controlled substance. "(e) SEIZURE AND FORFEITURE.— "(1) Except as provided in paragraph (2), a vessel or aircraft used in connection with, or in aiding or facilitating, any viola- tion of this section, whether or not any person is charged in connection with such violation, may be seized and forfeited in accordance with the customs laws. "(2) Paragraph (1) does not apply to a vessel or aircraft operated as a common carrier. "(f) DEFINITION OF MERCHANDISE.—As used in this section, the term 'merchandise' means only merchandise the importation of which into the United States is prohibited or restricted. "(g) INTENT OF TRANSFER OF MERCHANDISE.—For purposes of imposing civil penalties under this section, any of the following acts, when performed within 250 miles of the territorial sea of the United States, shall be prima facie evidence that the transportation or possession of merchandise was unlawful and shall be presumed to constitute circumstances indicating that the purpose of the transfer is to make it possible for such merchandise, or any part thereof, to be introduced into the United States unlawfully, and for purposes of Post, p. 3207-87. subsection (e) or section 596, shall be prima facie evidence that an aircraft or vessel was used in connection with, or to aid or facilitate, a violation of this section: "(1) The operation of an aircraft or a vessel without lights during such times as lights are required to be displayed under applicable law. "(2) The presence on an aircraft of an auxiliary fuel tank which is not installed in accordance with applicable law. "(3) The failure to identify correctly— "(A) the vessel by name or country of registration, or "(B) the aircraft by registration number and country of registration, when requested to do so by a customs officer or other govern- ment authority. tv "(4) T h e e x t e r n a l display of false registration n u m b e r s , false country of registration, or, in t h e case of a vessel, false vessel name. "(5) The presence on board of unmanifested merchandise, the importation of which is prohibited or restricted. "(6) The presence on board of controlled substances which are not manifested or which are not accompanied by the permits or i licenses required under Single Convention on Narcotic Drugs or other international treaty. - .
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-86 "(7) The presence of any compartment or equipment which is built or fitted out for smuggling. "(8) The failure of a vessel to stop when hailed by a customs officer or other government authority.". SEC. 3121. SEIZURES. Section 594 of the Tariff Act of 1930 (19 U.S.C. 1594) is amended to read as follows: "SEC. 594. SEIZURE OF CONVEYANCES. Maritime affairs. "(a) IN GENERAL.—Whenever— Aircraft and air "(1) any vessel, vehicle, or aircraft; or carriers. "(2) the owner or operator, or the master, pilot, conductor, Motor vehicles. driver, or other person in charge of a vessel, vehicle, or aircraft; is subject to a penalty for violation of the customs laws, the convey- ance involved shall be held for the payment of such penalty and may be seized and forfeited and sold in accordance with the customs laws. The proceeds of sale, if any, in excess of the assessed penalty and expenses of seizing, maintaining, and selling the property shall be held for the account of any interested party. "(b) EXCEPTIONS.—No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to seizure and forfeiture under the customs laws for violations relating to merchandise contained— "(1) on the person; "(2) in baggage belonging to and accompanying a passenger being lawfully transported on such conveyance; or "(3) in the cargo of the conveyance if the cargo is listed on the manifest and marks, numbers, weights and quantities of the outer packages or containers agree with the manifest; unless the owner or operator, or the master, pilot, conductor, driver or other person in charge participated in, or had knowledge of, the violation, or was grossly negligent in preventing or discovering the violation. "(c) PROHIBITED MERCHANDISE ON CONVEYANCE.—If any merchan- dise the importation of which is prohibited is found to be, or to have been— "(1) on board a conveyance used as a common carrier in the transaction of business as a common carrier in one or more packages or containers— "(A) that are not manifested (or not shown on bills of lading or airway bills); or "(B) whose marks, numbers, weight or quantities disagree with the manifest (or with the bills of lading or airway bills); or "(2) concealed in or on such a conveyance, but not in the cargo; the conveyance may be seized, and after investigation, forfeited unless it is established that neither the owner or operator, master, pilot, nor any other employee responsible for maintaining and insuring the accuracy of the cargo manifest knew, or by the exercise of the highest degree of care and diligence could have known, that such merchandise was on board. "(d) DEFINITIONS.—For purposes of this section— "(1) The term 'owner or operator' includes— "(A) a lessee or person operating a conveyance under a rental agreement or charter party; and
100 STAT. 3207-87 PUBLIC LAW 99-570—OCT. 27, 1986 "(B) the officers and directors of a corporation; "(C) station managers and similar supervisory ground w 1' personnel employed by airlines; "(D) one or more partners of a partnership; "(E) representatives of the owner or operator in charge of the passenger or cargo operations at a particular location; '.•' :b' and "(F) and other persons with similar responsibilities. "(2) The term 'master' and similar terms relating to the .. . ". person in charge of a conveyance includes the purser or other person on the conveyance who is responsible for maintaining ^' •^ records relating to the cargo transported in the conveyance. '"• "(e) COSTS AND EXPENSES OF SEIZURE.—When a common carrier has been seized in accordance with the provisions of subsection (c) and it is subsequently determined that a violation of such subsection occurred but that the vessel will be released, the conveyance is liable for the costs and expenses of the seizure and detention.". SEC. 3122. SEARCHES AND SEIZURES. Section 595(a) of the Tariff Act of 1930 (19 U.S.C. 1595(a)) is amended to read as follows: "(a) WARRANT.—(1) If any officer or person authorized to make searches and seizures has probable cause to believe that— "(A) any merchandise upon which the duties have not been paid, or which has been otherwise brought into the United States unlawfully; "(B) any property which is subject to forfeiture under any provision of law enforced or administered by the United States Customs Service; or "(C) any document, container, wrapping, or other article 19 use 1592. which is evidence of a violation of section 592 involving fraud or of any other law enforced or administered by the United States Customs Service, is in any dwelling house, store, or other building or place, he may make application, under oath, to any justice of the peace, to any municipal, county. State, or Federal judge, or to any Federal mag- istrate, and shall thereupon be entitled to a warrant to enter such dwelling house in the da3rtime only, or such store or other place at night or by day, and to search for and seize such merchandise or other article described in the warrant. "(2) If any house, store, or other building or place, in which any merchandise or other article subject to forfeiture is found, is upon or within 10 feet of the boundary line between the United States and a foreign country, such portion thereof that is within the United States may be taken down or removed.". SEC. 3123. FORFEITURES. ^ Section 596 of the Tariff Act of 1930 (19 U.S.C. 1595a) is amended— (1) by striking out "the proviso to" in subsection (a) and inserting "subsection Ot)) or (c) of; (2) by striking out "shall" in subsection (a) and inserting "may"; and (3) by adding at the end thereof the following new subsection. "(c) Any merchandise that is introduced or attempted to be intro- duced into the United States contrary to law (other than in violation 19 use 1592. of section 592) may be seized and forfeited.".
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-88 SEC. 3124. PROCEEDS OF FORFEITED PROPERTY. 1 Section 613 of the Tariff Act of 1930 (19 U.S.C. 1613) is amended by adding at the end thereof the following new subsections: "(c) TREATMENT OF DEPOSITS.—If property is seized by the Sec- retary under law enforced or administered by the Customs Service, or otherwise acquired under section 605, and relief from the forfeit- 19 USC 1605. ure is granted by the Secretary, or his designee, upon terms requir- ing the deposit or retention of a monetary amount in lieu of the forfeiture, the amount recovered shall be treated in the same manner as the proceeds of sale of a forfeited item. "(d) EXPENSES.—In any judicial or administrative proceeding to forfeit property under any law enforced or administered by the Customs Service or the Coast Guard, the seizure, storage, and other expenses related to the forfeiture that are incurred by the Customs Service or the Coast Guard after the seizure, but before the institu- tion of, or during, the proceedings, shall be a priority claim in the same manner as the court costs and the expenses of the Federal marshal.". SEC. 3125. COMPENSATION TO INFORMERS. Section 619 of the Tariff Act of 1930 (19 U.S.C. 1619) is amended to read as follows: "(a) IN GENERAL.—If— "(1) any person who is not an employee or officer of the United States— "(A) detects and seizes any vessel, vehicle, aircraft, mer- chandise, or baggage subject to seizure and forfeiture under .*;..• the customs laws or the navigation laws and reports such detection and seizure to a customs officer, or "(B) furnishes to a United States attorney, the Secretary of the Treasury, or any customs officer original information concerning— "(i) any fraud upon the customs revenue, or "(ii) any violation of the customs laws or the naviga- tion laws which is being, or has been, perpetrated or contemplated by any other person; and "(2) such detection and seizure or such information leads to a recovery of— "(A) any duties withheld, or "(B) any fine, penalty, or forfeiture of property incurred; the Secretary may award and pay such person an amount that does not exceed 25 percent of the net amount so recovered. "(b) FORFEITED PROPERTY NOT SOLD.—If— "(1) any vessel, vehicle, aircraft, merchandise, or baggage is forfeited to the United States and is thereafter, in lieu of sale— "(A) destroyed under the customs or navigation laws, or "(B) delivered to any governmental agency for official use, and ' ' "(2) any person would be eligible to receive an award under subsection (a) but for the lack of sale of such forfeited property, the Secretary may award and pay such person an amount that does not exceed 25 percent of the appraised value of such forfeited property. "(c) DOLLAR LIMITATION.—The amount awarded and paid to any person under this section may not exceed $250,000 for any case.
100 STAT. 3207-89 PUBLIC LAW 99-570—OCT. 27, 1986 "(d) SOURCE OF PAYMENT.—Unless otherwise provided by law, any amount paid under this section shall be paid out of appropriations available for the collection of the customs revenue. "(e) RECOVERY OF BAIL BOND.—For purposes of this section, an amount recovered under a bail bond shall be deemed a recovery of a fine incurred.". SEC. 3126. FOREIGN LANDING CERTIFICATES. Section 622 of the Tariff Act of 1930 (19 U.S.C. 1622) is amended by inserting before the period at the end thereof the following: ", or to comply with international obligations". SEC. 3127. EXCHANGE OF INFORMATION WITH FOREIGN AGENCIES. Part V of title IV of the Tariff Act of 1930 is amended by adding at the end thereof the following new section: 19 u s e 1628. "SEC. 628. EXCHANGE OF INFORMATION. "(a) I N GENERAL.—The Secretary may by regulation authorize customs officers to exchange information or documents with foreign customs and law enforcement agencies if the Secretary reasonably believes the exchange of information is necessary to— "(1) insure compliance with any law or regulation enforced or administered by the Customs Service; "(2) administer or enforce multilateral or bilateral agree- ments to which the United States is a party; "(3) assist in investigative, judicial and quasi-judicial proceed- ings in the United States; and "(4) an action comparable to any of those described in para- graphs (1) through (4) undertaken by a foreign customs or law enforcement agency, or in relation to a proceeding in a foreign country.". "(b) NONDISCLOSURE AND USES OF INFORMATION PROVIDED.— "(1) Information may be provided to foreign customs and law enforcement agencies under subsection (a) only if the Secretary obtains assurances from such agencies that such information will be held in confidence and used only for the law enforcement purposes for which such information is provided to such agen- cies by the Secretary. "(2) No information may be provided under subsection (a) to any foreign customs or law enforcement agency that has vio- lated any assurances described in paragraph (1).'. SEC. 3128. INSPECTIONS AND PRECLEARANCE IN FOREIGN COUNTRIES. Part V of title IV of the Tariff Act of 1930 is further amended by adding at the end thereof the following new section: 19 u s e 1629. "SEC. 629. INSPECTIONS AND PRECLEARANCE IN FOREIGN COUNTRIES. "(a) IN GENERAL.—When authorized by treaty or executive agree- ment, the Secretary may station customs officers in foreign coun- tries for the purpose of examining persons and merchandise prior to their arrival in the United States. "Ot)) FUNCTIONS AND DUTIES.—Customs officers stationed in a for- eign country under subsection (a) may exercise such functions and perform such duties (including inspections, searches, seizures and arrests) as may be permitted by the treaty, agreement or law of the country in which they are stationed. "(c) COMPLIANCE.—The Secretary may by regulation require compliance with the customs laws of the United States in a foreign
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-90 country and, in such a case the customs laws and other civil and criminal laws of the United States relating to the importation of merchandise, filing of false statements, and the unlawful removal of merchandise from customs custody shall apply in the same manner as if the foreign station is a port of entry within the customs territory of the United States. "(d) SEIZURES.—When authorized by treaty, agreement or foreign International law, merchandise which is subject to seizure or forfeiture under agreements. United States law may be seized in a foreign country and trans- ported under customs custody to the customs territory to the United States to be proceeded against under the customs law. "(e) STATIONING OF FOREIGN CUSTOMS OFFICERS IN THE UNITED STATES.—The Secretary of State, in coordination with the Secretary, International may enter into agreements with any foreign country authorizing the agreements. stationing in the United States of customs officials of that country (if similar privileges are extended by that country to United States officials) for the purpose of insuring that persons and merchandise going directly to that country from the United States comply with the customs and other laws of that country governing the importa- tion of merchandise. Any foreign customs official stationed in the United States under this subsection may exercise such functions and perform such duties as United States officials may be authorized to perform in that foreign country under reciprocal agreement. "(f) APPUCATION OF CERTAIN LAWS.—When customs officials of a foreign country are stationed in the United States in accordance with subsection (e), and if similar provisions are applied to United States officials stationed in that country— "(1) sections 111 and 1114 of title 18, United States Code, shall apply as if the officials were designated in those sections; and "(2) any person who in any matter before a foreign customs official stationed in the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent state- ments or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, is liable for a fine of not more than $10,000 or imprisonment for not more than 5 years, or both.". PART 2—UNDERCOVER CUSTOMS OPERATIONS SEC. 3131. UNDERCOVER INVESTIGATIVE OPERATIONS OF THE CUSTOMS 19 u s e 2081. SERVICE. (a) CERTIFICATION REQUIRED FOR EXEMPTION OF UNDERCOVER OPER- ATIONS FROM CERTAIN LAWS.—With respect to any undercover inves- tigative operation of the United States Customs Service (hereinafter in this section referred to as the "Service") which is necessary for the detection and prosecution of offenses against the United States which are within the jurisdiction of the Secretary of the Treasury— (1) sums authorized to be appropriated for the Service may be used— (A) to purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to—
100 STAT. 3207-91 PUBLIC LAW 99-570—OCT. 27, 1986 (i) sections 1341 and 3324 of title 31, United States Code, (ii) sections 3732(a) and 3741 of the Revised Statutes of the United States (41 U.S.C. 11(a) and 22), (iii) section 305 of the Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), ij (iv) t h e t h i r d undesignated p a r a g r a p h u n d e r t h e - ( h e a d i n g "Miscellaneous of t h e Act of M a r c h 3, 1877 (19 Stat. 370; 40 U.S.C. 34), a n d (v) section 304(a) a n d (c) of t h e Federal P r o p e r t y and Administrative Services Act of 1949 (41 U.S.C. 254(a) a n d (c)), a n d (B) to establish or to acquire proprietary corporations or business entities a s p a r t of t h e undercover operation, a n d to operate such corporations or business entities on a commer- cial basis, without r e g a r d to sections 9102 a n d 9103 of title 31, United States Code; (2) sums authorized to be appropriated for the Service and the proceeds from the undercover operation, may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18, United States Code, and section 3302 of title 31, United States Code; and (3) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such oper- ation without regard to the provisions of section 3302 of title 31, United States Code; only upon the written certification of the Commissioner of Customs (or, if designated by the Commissioner the Deputy or an Assistant Commissioner of Customs) that any action authorized by paragraph (1), (2), or (3) of this subsection is necessary for the conduct of such undercover operation. (b) LIQUIDATION OF CORPORATIONS AND BUSINESS ENTITIES.—If a corporation or business entity established or acquired as part of an undercover operation under paragraph (IXB) of subsection (a) with a net value over $50,000 is to be liquidated, sold, or otherwise disposed of, the Service, as much in advance as the Commissioner or his designee determines is practicable, shall report the circumstances to the Secretary of the Treasury and the Comptroller General. The proceeds of the liquidation, sale, or other disposition, after obliga- tions are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. (c) DEPOSIT OF PROCEEDS.—As soon as the proceeds from an under- cover investigative operation with respect to which an action is authorized and carried out under paragraphs (2) and (3) of subsec- tion (a) are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited into the Treasury of the United States as mis- cellaneous receipts. (d) AUDITS.—(1) The Service shall conduct a detailed financial audit of each undercover investigative operation which is closed in each fiscal year, and (A) submit the results of the audit in writing to the Secretary of the Treasury; and Reports. (B) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit. Reports. (2) TTie Service shall also submit a report annually to the Congress specifying as to its undercover investigative operations—
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-92 (A) the number, by programs, of undercover investigative operations pending as of the end of the 1-year period for which such report is submitted; (B) the number, by programs, of undercover investigative operations commenced in the 1-year period preceding the period for which such report is submitted; and 'f: (C) the number, by programs, of undercover investigative operations closed in the l-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained and any civil claims made with respect thereto, (e) DEFINITIONS.—For purposes of subsection (d)— (1) The term "closed' refers to the earliest point in time at which— -^ (A) all criminal proceedings (other than appeals) are concluded, or (B) covert activities are concluded, whichever occurs later. (2) The term "employees" means employees, as defined in section 2105 of title 5 of the United States Code, of the Service. (3) The terms "undercover investigative operation" and "undercover operation" mean any undercover investigative operation of the Service— (A) in which— ^"' (i) the gross receipts (excluding interest earned) ., ,.„.. exceed $50,000, or - • (ii) expenditures (other than expenditures for salaries of employees) exceed $150,000; and (B) which is exempt from section 3302 or 9102 of title 31, United States CJode; except that subparagraphs (A) and (B) shall not apply with respect to the report required under paragraph (2) of sub section (d). PART 3—CUSTOMS SERVICE AUTHORIZATIONS AND FORFEITURE FUND SEC. 3141. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1987 FOR THE UNITED STATES CUSTOMS SERVICE. (a) AUTHORIZATIONS.—Section 301(b) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)) is amended as follows: "(bXD There aic authorized to be appropriated to the Department of the Treasury not to exceed $1,001,180,000 for the salaries and expenses of the United States Customs Service for fiscal year 1987; of which— "(A) $749,131,000 is for salaries and expenses to maintain current operating levels, and includes such sums as may be necessary to complete the testing of the prototype of the auto- matic license plate reader program and to implement that ii' ;^ program; "(B) $80,999,000 is for the salaries and expenses of additional personnel to be used in carrying out drug enforcement activi- ties; and .Q&' '(C) $171,050,000 is for the operation and maintenance of the I air interdiction program of the Service, of which—
100 STAT. 3207-93 PUBLIC LAW 99-570—OCT. 27, 1986 "(i) $93,500,000 is for additional aircraft, communications i iftv enhancements, and command, control, communications, and intelligence centers, and "(ii) $350,000 is for a feasibility and application study for a low-level radar detection system in collaboration with the Los Alamos National Laboratory. "(2) No part of any sum that is appropriated under the authority of paragraph (1) may be used to close any port of entry at which, during fiscal year 1986— "(A) not less than 2,500 merchandise entries (including infor- mal entries) were made; and "(B) not less than $1,500,000 in customs revenues were assessed.". Ante, p. 1874. (b) SPECIAL EFFECTIVE DATE RULE.—If the bill H.R. 5300 (providing for reconciliation of the budget for fiscal year 1987) is enacted and includes an amendment to section 301(b) of the Customs Procedural Reform and Simplification Act of 1978 which is identical to the amendment made by subsection (a) of this section, then the amend- ment made by subsection (a) shall have no effect. SEC. 3142. CUSTOMS FORFEITURE FUND. (a) AMENDMENT.—Section 613a of the Tariff Act of 1930 (19 U.S.C. 1613b) is amended— ? ^ , (1) by amending subsection (a)— (A) by striking out "1987" in the first sentence and inserting "1991"; ; ?< • (B) by inserting "(including investigative costs leading to seizures)" after "seizure" in paragraph (1); (C) by inserting "and" after the semicolon at the end of paragraph (4); (D) by striking out paragraph (5); > , (E) by redesignating paragraph (6) as paragraph (5); and (F) by amending the last sentence to read as follows: "In addition to the purposes described in paragraphs (1) through (5), the fund is available for— "(i) purchases by the Customs Service of evidence of— "(I) smuggling of controlled substances, and "(II) violations of the currency and foreign transaction * reporting requirements of chapter 51 of title 31, United 31 use 5101 et States Code, if there is a substantial probability that the seq. .; violations of these requirements are related to the smug- gling of controlled substances; "(ii) the equipping for law enforcement functions of any vessel, vehicle, or aircraft available for official use by the Customs Service; "(iii) the reimbursement, at the discretion of the Secretary, of private citizens for expenses incurred by them in cooperating with the Customs Service in investigations and undercover law enforcement operations; and "(iv) the publicizing of the availability of rewards under Ante, p. 3207-88. section 619."; and (2) by amending subsection (f) to read as follows: "(fKl) There are authorized to be appropriated from the fund for each of the fiscal years beginning with fiscal year 1987 not more than $20,000,000. "(2) At the end of each of fiscal years 1987, 1988, 1989, and 1990, any amount in the fund in excess of $20,000,0()0 shall be deposited in
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-94 the general fund of the Treasury. At the end of fiscal year 1991, any amount remaining in the fund shall be deposited in the general fund of the Treasury, and the fund shall cease to exist.". (b) EFFECTIVE DATE.—The amendments made by subsection (a) 19 USC I6l3b shall take effect October 1,1986. note. PART 4—MISCELLANEOUS CUSTOMS AMENDMENTS SEC. 3151. RECREATIONAL VESSELS. Section 121090b) of title 46, United States Code, is amended by adding at the end the following: "Such vessel must, however, comply with all customs requirements for reporting arrival under section 433 of the Tariff Act of 1930 (19 U.S.C. 1433) and all persons aboard such a pleasure vessel shall be subject to all applicable customs regulations.". SEC. 3152. ASSISTANCE FOR CUSTOMS OFFICERS. Section 3071 of the Revised Statutes of the United States (19 U.S.C. 507) is amended to read as follows: "SEC. 3071. (a) Every customs officer shall— "(1) upon being questioned at the time of executing any of the powers conferred upon him, make known his character as an officer of the Federal Government; and "(2) have the authority to demand the assistance of any person in making any arrest, search, or seizure authorized by any law enforced or administered by customs officers, if such assistance may be necessary. If a person, without reasonable excuse, neglects or refuses to assist a customs officer upon proper demand under paragraph (2), such person is guilty of a misdemeanor and subject to a fine of not more than $1,000. "(b) Any person other than an officer or employee of the United Claims. States who renders assistance in good faith upon the request of a customs officer shall not be held liable for any civil damages as a result of the rendering of such assistance if the assisting person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.". SEC. 3153. REPORTS ON EXPORTS AND IMPORTS OF MONETARY INSTRUMENTS. Section 5316(a)(2) of title 31, United States Code, is amended by striking out "$5,000" and inserting in lieu thereof "$10,000". PART 5—AMENDMENTS TO THE CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT SEC. 3161. POSSESSION, MANUFACTURE, OR DISTRIBUTION FOR PUR- POSES OF UNLAWFUL IMPORTATION. (a) AMENDMENT TO ACT.—Section 1009 of the Controlled Sub- stances Import and Export Act (21 U.S.C. 959) is amended— (1) by inserting "POSSESSION," in the heading; (2) by striking out "It shall" and inserting in lieu thereof "(a) It shall"; (3) by striking out "This section" and inserting in lieu thereof "(c) This section";
100 STAT. 3207-95 PUBLIC LAW 99-570—OCT. 27, 1986 (4) by inserting "or into waters within a distance of 12 miles of the coast of the United States" after "United States" each place it appears in subsection (a); and (5) by inserting after subsection (a) the following new subsection: Aircraft and air "(b) It shall be unlawful for any United States citizen on board carriers. any aircraft, or any person on board an aircraft owned by a United States citizen or registered in the United States, to— "(1) manufacture or distribute a controlled substance; or "(2) possess a controlled substance with intent to distribute.". (b) CONFORMING AMENDMENT.—The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by striking out "Manufacture" in the item relating to section 1009 and inserting in lieu thereof "Possession, manufacture". , , Maritime Drug Subtitle C—Maritime Drug Law Enforcement Prosecution <i Law Improvements Act of 1986 Enforcement Prosecution SEC. 3201. SHORT TITLE. (A:,.. .. Improvements Act of 1986. This subtitle may be cited as the "Maritime Drug Law Enforce- 46 u s e app. 1901 ment Prosecution Improvements Act of 1986". note. SEC. 3202. IMPROVEMENT OF PUBLIC LAW 96-350. The Act entitled "An Act to facilitate increased enforcement by the Coast Guard of laws relating to the importation of controlled substances, and for other purposes", approved September 15, 1980 (Public Law 96-350; 94 Stat. 1159) is amended by striking all after the enacting clause and inserting in lieu thereof the following: 46 u s e app. "That this Act may be cited as the 'Maritime Drug Law Enforce- 1901. ment Act'. 46 u s e app. "SEC. 2. The Congress finds and declares that trafficking in con- 1902. trolled substances aboard vessels is a serious international problem and is universally condemned. Moreover, such trafficking presents a specific threat to the security and societal well-being of the United States. 46 u s e app. "SEC. 3. (a) It is unlawful for any person on board a vessel of the 1903. United States, or on board a vessel subject to the jurisdiction of the United States, to knowingly or intentionally manufacture or distrib- ute, or to possess with intent to manufacture or distribute, a con- trolled substance. "(b) For purposes of this section, a 'vessel of the United States' means— 46 u s e 12101 et "(1) a vessel documented under chapter 121 of title 46, United seq. States Code, or a vessel numbered as provided in chapter 123 of 46 u s e 12301 et that title; seq. "(2) a vessel owned in whole or part by— "(A) the United States or a territory, commonwealth, or possession of the United States; "(B) a State or political subdivision thereof; "(C) a citizen or national of the United States; or "(D) a corporation created under the laws of the United States or any State, the District of Columbia, or any terri- tory, commonwealth, or possession of the United States; International unless the vessel has been granted the nationality of a foreign agreements. nation in accordance with article 5 of the 1958 (Convention on 13 UST 2312. the High Seas; and
-^ I ^^p^snlv^A- PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-96 "(3) a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was either sold to a person not a citizen of the United States or placed under foreign registry or a foreign flag, whether or not the vessel has been granted the nationality of a foreign nation. "(c)(1) For purposes of this section, a 'vessel subject to the jurisdic- tion of the United States' includes— "(A) a vessel without nationality; 1 "(B) a vessel assimilated to a vessel without nationality, in accordance with paragraph (2) of article 6 of the 1958 Conven- tion on the High Seas; 13 UST 2312. "(C) a vessel registered in a foreign nation where the flag nation has consented or waived objection to the enforcement of United States law by the United States; "(D) a vessel located within the customs waters of the United States; and "(E) a vessel located in the territorial waters of another nation, where the nation consents to the enforcement of United States law by the United States. Consent or waiver of objection by a foreign nation to the enforce- ment of United States law by the United States under paragraph (C) or (E) of this paragraph may be obtained by radio, telephone, or similar oral or electronic means, and mav be proved by certification of the Secretary of State or the Secretary s designee. "(2) For purposes of this section, a 'vessel without nationality' includes— "(A) a vessel aboard which the master or person in charge makes a claim of registry, which claim is denied by the flag nation whose registry is claimed; and "(B) any vessel aboard which the master or person in charge fails, upon request of an officer of the United States empowered to enforce applicable provisions of United States law, to make a claim of nationality or registry for that vessel. A claim of registry under subparagraph (A) may be verified or denied by radio, telephone, or similar oral or electronic means. The denial of such claim of registry by the claimed flag nation may be proved by certification of the Secretary of State or the Secretary's designee. "(3) For purposes of this section, a claim of nationality or registry only includes: "(A) possession on board the vessel and production of docu- ments evidencing the vessel's nationality in accordance with article 5 of the 1958 Convention on the High Seas; "(B) flying its flag nation's ensign or flag; or "(C) a verbal claim of nationality or registry by the master or person in charge of the vessel. "(d) A claim of failure to comply with international law in the Claims. enforcement of this Act may be invoked solely by a foreign state, International and a failure to comply with international law shall not divest a agreements. court of jurisdiction or otherwise constitute a defense to any proceeding under this Act. "(e) This section does not apply to a common or contract carrier, or an employee thereof, who possesses or distributes a controlled substance in the lawful and usual course of the carrier's business or to a public vessel of the United States, or any person on board such a vessel who possesses or distributes a controlled substance in the lawful course of such person's duties, if the controlled substance is a
100 STAT. 3207-97 PUBLIC LAW 99-570—OCT. 27, 1986 part of the cargo entered in the vessel's manifest and is intended to be lawfully imported into the country of destination for scientific, medical, or other legitimate purposes. It shall not be necessary for the United States to negative the exception set forth in this subsec- tion in any complaint, information, indictment, or other pleading or in any trial or other proceeding. The burden of going forward with the evidence with respect to this exception is upon the person claiming its benefit. Courts, U.S. "(f) Any person who violates this section shall be tried in the United States district court at the point of entry where that person enters the United States, or in the United States District Court of the District of Columbia. "(gXD Any person who commits an offense defined in this section shall be punished in accordance with the penalties set forth in section 1010 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 960). "(2) Notwithstanding paragraph (1) of this subsection, any person convicted of an offense under this Act shall be punished in accord- ance with the penalties set forth in section 1012 of the Comprehen- sive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 962) if such offense is a second or subsequent offense as defined in section 1012(b) of that Act. "(h) This section is intended to reach acts of possession, manufac- ture, or distribution committed outside the territorial jurisdiction of the United States. "(i) The definitions in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) apply to terms used in this Act. "(j) Any person who attempts or conspires to commit any offense defined in this Act is punishable by imprisonment or fine, or both, which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy. 46 use app. "SEC. 3. Any property described in section 511(a) of the Com- ^^^^- prehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(a)) that is used or intended for use to commit, or to facilitate the commission of, an offense under this Act shall be subject to seizure and forfeiture in the same manner as similar property seized or forfeited under section 511 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881).". Subtitle D ^ C o a s t Guard SEC. 3251. COAST GUARD DRUG INTERDICTION ENHANCEMENT. (a) ADDITIONAL AUTHORIZATIONS FOR THE COAST G U A R D . — (1) There are authorized to be appropriated for Acquisition, Construction, and Improvements of the Coast Guard, $89,000,000. (2) There are hereby authorized to be appropriated for Operat- ing Expenses of the (Joast Guard, $39,000,000. This amount shall be used to increase the full-time equivalent strength level for ' the Coast Guard for active duty personnel for fiscal year 1987 to ; 39,220, and to increase the utilization rate of Coast Guard equipment.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-98 (b) AMOUNTS IN ADDITION TO OTHEK AMOUNTS.—The amounts authorized to be appropriated for the Coast Guard by this section are in addition to any amounts otherwise authorized by law. (c) AUTHORIZATION ENHANCEMENT.—Nothing in this Act shall require the Coast Guard to recruit, compensate, train, purchase, or deploy any personnel or equipment except to the extent that— (1) additional appropriations are made available in appropria- tions Acts for that purpose; or (2) funds are transferred to the Secretary of Transportation for that purpose pursuant to this Act. Subtitle E—United States-Bahamas Drug Interdiction Task Force SEC. 3301. ESTABLISHMENT OF A UNITED STATES-BAHAMAS DRUG INTER- 21 u s e 801 note. DICTION TASK FORCE. (a) AUTHORIZATION OF APPROPRIATIONS.— (1) ESTABLISHMENT OF A UNITED STATES-BAHAMAS DRUG INTER- DICTION TASK FORCE.—(A) There is authorized to be established a United States-Bahamas Drug Interdiction Task Force to be operated jointly by the United States Government and the Government of the Bahamas. (B) The Secretary of State, the Commandant of the Coast Guard, the Commissioner of Customs, the Attorney General, and the head of the National Narcotics Border Interdiction System (NNBIS), shall upon enactment of this Act, immediately commence negotiations with the Government of the Bahamas to enter into a detailed agreement for the establishment and operation of a new drug interdiction task force, including plans for (i) the joint operation and maintenance of any drug interdic- tion assets authorized for the task force in this section and section 3141, and (ii) any training and personnel enhancements authorized in this section and section 3141. (C) The Attorney General shall report to the appropriate Reports. committees of Congress on a quarterly basis regarding the progress of the United States-Bahamas Drug Interdiction Task Force. (2) AMOUNTS AUTHORIZED.—There are authorized to be appro- priated, in addition to any other amounts authorized to be appropriated in this title, $10,000,000 for the following: (A) $9,000,000 for 3 drug interdiction pursuit helicopters for use primarily for operations of the United States- Bahamas Drug Interdiction Task Force established under this section; and (B) $1,000,000 to enhance communications capabilities for the operation of a United States-Bahamas Drug Interdic- tion Task Force established under this section. (3) COAST GUARD-BAHAMAS DRUG INTERDICTION DOCKING FACIL- ITY.—(A) There is authorized to be appropriated for acquisition, construction, and improvements for the Coast Guard jFor fiscal year 1987, $5,000,000, to be used for initial design engineering, and other activities for construction of a drug interdiction docking facility in the Bahamas to facilitate Coast Guard and Bahamian drug interdiction operations in and through the Bahama Islands. Of the amounts authorized to be appropriated in this subsection, such sums as may be necessary shall be available for necessary communication and air support.
100 STAT. 3207-99 PUBLIC LAW 99-570—OCT. 27, 1986 (B) The Commandant of the Coast Guard shall use such amounts appropriated pursuant to the authorization in this paragraph as may be necessary to establish a repair, mainte- nance, and boat lift facility to provide repair and maintenance services for both Coast Guard and Bahamian marine drug interdiction equipment, vessels, and related assets, (b) CONCURRENCE BY SECRETARY OF STATE.—Programs authorized by this section may be carried out only with the concurrence of the Secretary of State. Subtitle F—Command, Control, Communications, and Intelligence Centers SEC. 3351. ESTABLISHMENT OF COMMAND, CONTROL, COMMUNICATIONS, AND INTELLIGENCE CENTERS (C-3I). There are authorized to be appropriated $25,000,000 to the United States Customs Service for the establishment of command, control, communications, and intelligence (C-3I) centers, including sector operations centers and a national command, control, communica- tions, and intelligence (C-3I) center, in locations within the United States. The coordination of the establishment and location of such C-3I centers shall be conducted by the Commissioner of Customs; together with the Commandant of the Coast Guard; the Attorney General of the United States; and the National Narcotics Border Interdiction System (NNBIS). Subtitle G—Transportation Safety "^^ SEC. 3401. AIR SAFETY. (aXD Section 902(b) of the Federal Aviation Act of 1958 (49 U.S.C. App. 14720t))) is amended by adding at the end the following: (3) Nothing in this subsection or in any other provision of this Act shall preclude a State from establishing criminal penalties, including providing for forfeiture or seizure of aircraft, for a person who— "(A) knowingly and willfully forges, counterfeits, alters, or falsely makes an aircraft registration certificate; "(B) knowingly sells, uses, attempts to use, or possesses with intent to use a fraudulent aircraft registration certificate; "(C) knowingly and willfully displays or causes to be displayed : on any aircraft any marks that are false or misleading as to the nationality or registration of the aircraft; or "(D) obtains an aircraft registration certificate from the administrator by knowingly and willfully falsifying, concealing or covering up a material fact, or making a false, fictitious, or fraudulent statement or representation, or making or using any false writing or document knowing the writing or document to contain any false, fictitious, or fraudulent statement or entry.". (2) Section 501 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1401) is amended by adding at the end the following new subsection: Mr . "INSPECTION BY LAW ENFORCEMENT OFFICERS "(g) The operator of an aircraft shall make available for inspection • an aircraft's certificate of registration upon request by a Federal, State, or local law enforcement officer.".
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-100 (3) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading "Sec. 501. Registration of aircraft nationality." , is amended by adding at the end the following: ' "(g) Inspection by law enforcement officers.". OJXD Subsection (q) of section 902 of the Federal Aviation Act of 49 USC app. 1958 (49 U.S.C. 1472(q)) is amended to read as follows: 1472. "VIOLATIONS IN CONNECTION WITH TRANSPORTATION OF CONTROLLED SUBSTANCES "(q)(l) It shall be unlawful, in connection with an act described in paragraph (2) and with knowledge of such act, for any person— "(A) who is the owner of an aircraft eligible for registration , under section 501, to knowingly and willfully operate, attempt 49 USC app. to operate, or permit any other person to operate such aircraft if l^Ol. the aircraft is not registered under section 501 or the certificate of registration of the aircraft is suspended or revoked, or if such person does not have proper authorization to operate or navi- gate the aircraft without registration for a period of time after transfer of ownership; "(B) to operate or attempt to operate an aircraft eligible for registration under section 501 knowing that such aircraft is not registered under section 501, that the certificate of registration is suspended or revoked, or that such person does not have proper authorization to operate or navigate the aircraft without =, registration for a period of time after transfer of ownership; "(C) to knowingly and willfully serve, or attempt to serve, in any capacity as an airman without a valid airman certificate authorizing such person to serve in such a capacity; "(D) to knowingly and willfully employ for service or utilize any airman who does not possess a valid airman certificate authorizing such person to serve in such capacity; *' '• "(E) to knowingly and willfully operate an aircraft in viola- tion of any rule, regulation, or requirement issued by the '•'' Administrator of the Federal Aviation Administration with respect to the display of navigation or anticollision lights; and ^ "(F) to knowingly operate an aircraft with a fuel tank or fuel ^^ system that has been installed or modified on the aircraft, '^' unless such tank or system and the installation or modification f^ of such tank or system is in accordance with all applicable rules, regulations, and requirements of the Administrator. "(2) The act referred to in paragraph (1) is the transportation by aircraft of any controlled substance or the aiding or facilitating of a controlled substance offense where such act is punishable by death or imprisonment for a term exceeding one year under a State or Federal law or is provided in connection with any act that is punishable by death or imprisonment for a term exceeding one year under a State or Federal law relating to a controlled substance (other than a law relating to simple possession of a controlled substance). "(3) A person violating this subsection shall be subject to a fine not exceeding $25,000, or imprisonment not exceeding 5 years, or both.
100 STAT. 3207-101 PUBLIC LAW 99-570—OCT. 27, 1986 "(4) A person who, in connection with transportation described in paragraph (2), operates an aircraft on which a fuel tank or fuel system has been installed or modified and does not carry aboard the aircraft any certificate required to be issued by the Administrator for such installation or modification shall be presumed to have violated subparagraph (F) of paragraph (1). "(5) In the case of a violation of subparagraph (F) of paragraph (1), the fuel tank or fuel system and the aircraft involved shall be subject to seizure and forfeiture. The provisions of law relating to— "(A) the seizure, summary and judicial forfeiture, and con- demnation of property for violation of the customs laws; "(B) the disposition of such property or the proceeds from the sale thereof; "(C) the remission or mitigation of such forfeitures; and "(D) the compromise of claims and the award of compensation to informers in respect of such forfeitures; shall apply to seizures and forfeitures under this paragraph. The >' Secretary may authorize such officers and agents as are necessary to carry out seizures and forfeitures under this paragraph and such officers and agents shall have the powers and duties given to customs officers with respect to the seizure and forfeiture of prop- erty under the customs laws. "(6) For purposes of this subsection, the term 'controlled sub- stance' has the meaning given to such term by section 102 of the Controlled Substances Act (21 U.S.C. 802).". (2) That portion of the table of contents of the Federal Aviation Act of 1958 which appears under the side heading "Sec. 902. Criminal penalties." is amended by striking the item relating to subsection (q) and inserting the following: "(q) Violations in connection with transportation of controlled substances.". (c) Section 904(a) of the Federal Aviation Act of 1958 (49 U.S.C. 49 use app. 1474(a)) is amended— ^^'^^- (1) by striking "$500" each place it appears and inserting in lieu thereof "$5,000"; (2) by inserting after the second sentence the following: "In addition to any other penalty, if any controlled substance de- scribed in section 584 of the Tariff Act of 1930 (19 U.S.C. 1584) is found on board of, or to have been unladen from, an aircraft subject to section 1109 (b) and (c) of this Act, the owner or person in charge of such aircraft shall be subject to the pen- alties provided for in section 584 of the Tariff Act of 1930 (19 U.S.C. 1584), unless such owner or person is able to dem- onstrate, by a preponderance of the evidenced, that such owner or person did not know, and could not, by the exercise of the highest d ^ r e e of care and diligence, have known, that any such controlled substance was on board."; and (3) by amending the third sentence to read £is follows: "In the case the violation is by the owner, operator, or person in command of the aircraft, any penalty imposed by this section shall be a lien against the aircraft.". (dXD Section 1109 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1509) is amended by adding at the end thereof the following:
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-102 REPORTING TRANSFER OF OWNERSHIP "(f) Any person having an ownership interest in any aircraft for which a certificate of registration has been issued under this Act shall, upon the sale, conditional sale, transfer, or conveyance of such ownership interest, file with the Secretary of the Treasury within 15 days after such sale, conditional sale, transfer or conveyance such notice as the Secretary of the Treasury may by regulation require. The filing of a notice under this subsection shall not relieve any person from the filing requirements under section 501 or 503 of this Act.". 49 u s e app. (2) Within 30 days after the date of enactment of subsection (f) of 1401, 1403. Regulations. section 1109 of the Federal Aviation Act of 1958 as added by this 49 u s e app. 1509 subsection, the Secretary of the Treasury shall promulgate regula- note. tions establishing guidelines by which persons or classes of persons may apply for exemptions from the filing requirements of subsection (f) of section 1109. The Secretary of the Treasury may exempt such persons or classes of persons pursuant to such regulations. (3) That portion of the table of contents of the Federal Aviation Act of 1958 which appears under the side heading "Sec. 1109. Application of existing laws relating to foreign commerce." is amended by adding at the end thereof the following: "(f) Reporting transfer of ownership.". SEC. 3402. DRUG AND HIGHWAY SAFETY. 23 u s e 403 note. (a) STUDY.—The Secretary of Transportation shall conduct a study to determine the relationship between the usage of controlled sub- stances and highway safety. Such study shall include a simulation of driving conditions, emergency situations, and driver performance under various drug and dosage conditions. Such study shall deter- mine the incidence of controlled substance usage in highway ac- cidents resultng in fatalities and the dosage levels for controlled substances which are most likely to result in impairment of driver performance. 0?) REPORT.—Not later than one year after the date of the enact- ment of this Act, the Secretary of Transportation shall submit to Congress a report on the results of the study conducted under subsection (a). SEC. 3403. SAVINGS PROVISION. 49 u s e 11844 note. In any proceeding under section 11344 of title 49, United States Railroads. Code, involving an application by a rail carrier (or a person con- trolled by or affiliated with a rail carrier) to acquire a motor carrier, the Interstate Commerce Commission, and any Federal court reviewing action of the Commission, shall follow the standards set forth in the Commission decision in Ex Parte No. 438 if the ap- plicant rail carrier, between July 20, 1984, and September 30, 1986 (1) filed an application with the Commission to acquire a motor carrier, (2) entered into a contract or signed a letter of intent to Contracts. acquire a motor carrier, or (3) made a public tender offer to acquire a motor carrier.
100 STAT. 3207-103 PUBLIC LAW 99-570—OCT. 27, 1986 Subtitle H- -Department of Justice Funds for Drug Interdiction Operations in Hawaii IB': SEC. 3421. ADDITIONAL FUNDS FOR THE DEPARTMENT OF JUSTICE. There are authorized to be appropriated to the Department of Justice for fiscal year 1987, in addition to any other amounts authorized to be appropriated to the Department for such fiscal year, $7,000,000 for helicopters with forward looking infrared radi- ation detection devices for drug interdiction operations in Hawaii. Subtitle I—Federal Communieations Commission 47 u s e 312a. SEC. 3451. COMMUNICATIONS. The Federal Communications Commission may revoke any pri- vate operator's license issued to any person under the Communica- tions Act of 1934 (47 U.S.C. 151 et seq.) who is found to have willfully used said license for the purpose of distributing, or assisting in the distribution of, any controlled substance in violation of any provi- sion of Federal law. In addition, the Federal Communications Commission may, upon the request of an appropriate Federal law enforcement agency, assist in the enforcement of Federal law prohibiting the use or distribution of any controlled substance where communications equipment within the jurisdiction of the Federal Communications Commission under the Communications Act of 1934 is willfully being used for purposes of distributing, or "" ^ assisting in the distribution of, any such substance. TITLE IV—DEMAND REDUCTION - Alcohol and Subtitle A—Treatment and Rehabilitation Drug Abuse Amendments of SEC. 4001. SHORT TITLE; REFERENCE. 1986. 42 u s e 201 note. (a) This subtitle may be cited as the "Alcohol and Drug Abuse Amendments of 1986". (b) Except as otherwise specifically provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amend- ment to a section or other provision, the reference shall be consid- ered to be a reference to a section or other provision of the Public 42 u s e 201 note. Health Service Act. SEC. 4002. SPECIAL ALCOHOL ABUSE AND DRUG ABUSE PROGRAMS. Title XIX is amended by inserting after part B the following new part: PART C—EMERGENCY SUBSTANCE ABUSE TREATMENT AND PREVENTION REHABILITATION "SPECIAL ALCOHOL ABUSE AND DRUG ABUSE PROGRAMS State and local "SEC. 1921. (a) To carry out this section and sections 1922, 1923, governments. 508, and 509A there are authorized to be appropriated $241,000,000 42 u s e 300y. for fiscal year 1987. Of the total amount appropriated under the Post, pp. 3207-112, preceding sentence for fiscal year 1987, 6 percent shall be added to 3207-113. and included with the amounts otherwise available under this part 42 u s e 300X-2. for allotments to States under section 1913 for such fiscal year, 70.5 percent shall be available for allotments to States under this section
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-104 for such fiscal year, 4.5 percent shall be available for transfer to the Administrator of Veterans' Affairs under section 1922 for such fiscal year, 1 percent shall be available to carry out section 1923 for such fiscal year, and 18 percent shall be available to carry out sections 508 and 509A for such fiscal year. "(b)(1) The allotment of a State under this section for a fiscal year shall be the sum of the amounts allotted to such State under paragraphs (2) and (3). •' • --" "(2) Forty-five percent of the amount available for allotment under this section for a fiscal year shall be allotted in accordance with this paragraph. The allotment of a State under this paragraph for a fiscal year shall be an amount which bears the same ratio to the total amount required pursuant to the preceding sentence to be allotted under this paragraph for such fiscal year as the population of such State bears to the population of all States, except that no such allotment shall be less than $50,000. "(3) Fifty-five percent of the amount available for allotment under this section for a fiscal year shall be allotted by the Secretary to States on the basis of the need of each State for amounts for programs and activities for the treatment and rehabilitation of the alcohol abuse and drug abuse. In determining such need for each State under this paragraph, the Secretary shall consider— "(A) the nature and extent, in the State and in particular areas of the State, of the demand for effective programs and activities for the treatment and rehabilitation of alcohol abuse and drug abuse; "(B) the number of individuals in the State who abuse alcohol t or drugs and the capacity of the State to provide treatment and rehabilitation for such individuals (as determined by the Sec- retary on the basis of the number of individuals who requested ; treatment for alcohol abuse and drug abuse in the State during the most recent calendar year ending prior to the date on which a statement is submitted by the State under subsection (d)); and "(C) the ability of the State to provide additional services for the treatment and rehabilitation of alcohol abuse and drug abuse. "(4) The Secretary shall make allotments to States under para- graph (2) for fiscal year 1987, and shall make payments to States under subsection (c) from such allotments, at the same time that the Secretary makes allotments and payments under sections 1913 and 42 USC 300x-2. 1914, respectively, for such fiscal year. The Secretary shall make 42 USC 300x-3. allotments to States under paragraph (3) for fiscal year 1987, and shall make payments to States under subsection (c) from such allotments, within four months after the date of enactment of the Alcohol and Drug Abuse Amendments of 1986. "(c)(1) For each fiscal year, the Secretary shall make payments, as provided by section 6503 of title 31, United States Code, to each State from its allotment under paragraphs (2) and (3) of subsection (b) from amounts which are appropriated for that fiscal year and available for such allotments. "(2) Any amount paid to a State under paragraph (1) for a fiscal year and remaining unobligated at the end of such fiscal year shall remain available to such State for the purposes for which it was made for the next fiscal year. "(3) A State may not use amounts paid to it under its allotment under this section to— "(A) provide inpatient hospital services, "(B) make cash payments to intended recipients of health services,
100 STAT. 3207-105 PUBLIC LAW 99-570—OCT. 27, 1986 j "(C) purchase or improve land, purchase, construct, or perma- nently improve (other than minor remodeling) any building or other facility, or purchase major medical equipment, "(D) satisfy any requirement for the expenditure of non- Federal funds as a condition for the receipt of Federal funds, or "(E) provide financial assistance to any entity other than a public or nonprofit private entity. 42 use 300x. "(4) The provisions of part B which are not inconsistent with this part shall apply with respect to allotments made under this section. "(d) In order to receive an allotment for a fiscal year under subsection (b), each State shall submit an application to the Sec- retary requesting an allotment under subsection (b)(2) or (b)(3) or both. Each such application shall contain— "(1) such information as the Secretary may prescribe, includ- , ing information necessary for the Secretary to consider the matters specified in subparagraphs (A) through (D) of subsection (b)(3); "(2) a description of the manner in which programs and activities conducted with payments under subsection (c) will be coordinated with other public and private programs and activi- ties directed toward individuals who abuse alcohol and drugs; "(3) assurances that, in the preparation of any statement under this section, the State will consult with local governments and public and private entities, including community based organizations, involved in the provision of services for the treat- ment and rehabilitation of alcohol abuse and drug abuse; "(4) a description of the manner in which the State will evaluate programs and activities conducted with payments made to the State under subsection (c) and assurances that the State will report periodically to the Secretary on the results of such evaluations; and "(5) assurances that payments made to the State under subsection (c) will supplement and not supplant any State or local expenditures for the treatment and rehabilitation of alco- hol abuse and drug abuse that would have been made in the < absence of such pajnnents. "(e) Except as provided in subsections (f) and (i), amounts paid to a State under subsection (c) may be used by the State for alcohol abuse and drug abuse treatment and rehabilitation programs and activi- ties, including— ^ ' "(1) activities to increase the availability and outreach of ' ' programs provided by major treatment centers and regional ' branches of such centers which provide services in a State in order to reach the greatest number of people; "(2) activities to expand the capacity of alcohol abuse and drug abuse treatment and rehabilitation programs and facilities to provide treatment and rehabilitation services for alcohol abusers and drug abusers who have been refused treatment due to lack of facilities or personnel; "(3) activities to provide access to vocational training, job counseling, and education equivalency programs to alcohol abusers and drug abusers in need of such services in order to enable such abusers to become productive members of society; and "(f) Of the total amount paid to any State under subsection (c) for a fiscal year, not more than 2 percent may be used for administering the funds made available under such subsection. The State will pay
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-106 from non-Federal sources the remaining costs of administering such funds. "(g) The Secretary may provide training and technical assistance to States in planning and operating activities to be carried out under this section. "(h) The Secretary may conduct data collection activities to enable the Secretary to carry out this section. "TRANSFER TO THE ADMINISTRATOR OF VETERANS' AFFAIRS "SEC. 1922. The Secretary shall transfer to the Administrator of 42 USC 300y-l. Veterans' Affairs the amount which, under the second sentence of section 1921(a), is available for such transfer. The amount trans- ferred pursuant to the preceding sentence shall be used for out- patient treatment, rehabilitation, and counseling under section 612 of title 38, United States Code, of veterans for their alcohol or drug abuse dependence or abuse disabilities and for contract care and services under section 620A of such title for veterans for such disabilities. "TREATMENT PROGRAM EVALUATIONS "SEC. 1923. One percent of the total amount appropriated under 42 USC 300y-2. section 1921(a) for any fiscal year shall be used by the Secretary, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, to develop and evaluate alcohol and drug abuse treatment programs to determine the most effective forms of treatment. Such programs may be developed and evaluated Grants. through grants, contracts, and cooperative agreements provided to Contracts. nonprofit private entities. In carrying out this section, the Secretary shall assess the comparative effectiveness of various treatment forms for specific patient groups.". SEC. 4003. TECHNICAL REVISION OF ADAMHA. Section 501 (42 U.C.S. 290aa) is amended to read as follows: "ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION "SEC. 501. (a) The Alcohol, Drug Abuse, and Mental Health Administration is an agency of the Service. "(b) The following entities are agencies of the Alcohol, Drug Abuse, and Mental Health Administration: "(1) The National Institute on Alcohol Abuse and Alcoholism. "(2) The National Institute on Drug Abuse. "(3) The National Institute of Mental Health. "(c)(1) The Alcohol, Drug Abuse, and Mental Health Administra- tion shall be headed by an Administrator (hereinafter in this title referred to as the 'Administrator') who shall be appointed by the President by and with the advice and consent of the Senate. (2) The Administrator, with the approval of the Secretary, may appoint a Deputy Administrator and may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the activities to be carried out through the Administration. "(d) The Secretary, acting through the Administrator— "(1) shall supervise the functions of the agencies of the Administration in order to assure that the programs carried out through each such agency recieve appropriate and equitable
100 STAT. 3207-107 PUBLIC LAW 99-570—OCT. 27, 1986 support and that there is cooperation among the agencies in the implementation of such programs; "(2) shall assure that research at or supported by the Administration and each of its agencies is subject to review in Pos^ p. 3207-109. accordance with section 507 and is in compliance with section Post, p. 3207-113. 509A; and "(3) shall assure that research on neuronal receptors and their role in mental health and substance abuse is provided adequate support. "(e)(1) There shall be in the Administration an Associate Adminis- trator for Prevention to whom the Administrator shall delegate the function of promoting the prevention research programs of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse and coordinating such programs between the Institutes and between the Institutes and other public and private entities. Reports. "(2) The Administrator, acting through the Associate Adminis- trator for Prevention, shall annually submit to the Congress a report describing the prevention activities (including preventive medicine and health promotion) undertaken by the Administration £ind its agencies. The report shall include a detailed statement of the •• expenditures made for the activities reported on and the personnel used in connection with such activities. Fraud. "(f) The Administrator shall establish a process for the prompt and appropriate response to information provided the Administrator respecting (1) scientific fraud in connection with projects for which funds have been made available under this title, and (2) incidences of violations of the rights of human subjects of research for which funds have been made available under this title. The process shall include procedures for the receiving of reports of such information from recipients of funds under this title and taking appropriate action with respect to such fraud and violations. Grants. "(g) The Secretary, acting through the Administrator, shall make grants to schools of the health professions and schools of social work to support the training of students in such schools in the identifica- tion and treatment of alcohol and drug abuse. Grants under this subsection shall be made from funds available under this title and 42 use 242a. section 303. "(h) To educate the public with respect to the health hazards of alcoholism, alcohol abuse, and drug abuse, the Administrator shall Posf, p. 3207-112. use the clearinghouse established under section 508(c) to take such actions £is may be necessary to ensure the widespread dissemination of current pul)lications of the National Institute on Alcohol Abuse and Alcoholism and the National Institute on Drug Abuse relating to the most recent research findings with respect to such health hazards. "(iXD The Administrator may obtain (in accordance with section 3109 of title 5, United States Code, but without regard to the limitation in such section on the number of days or the period of service) the services of not more than 20 experts or consultants who have scientific or professional qualifications. Such experts and consultants shall be obtained for the Administration and for each of its agencies. "(2XA) Experts and consultants whose services are obtained under paragraph (1) shall be paid or reimbursed for their expenses associ- ated with traveling to and from their assignment location in accord-
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-108 ance with sections 5724, 5724a(a)(l), 5724a(a)(3), and 5726(c) of title 5, United States Code. "(B) Expenses specified in subparagraph (A) may not be allowed in connection with the assignment of an expert or consultant whose services are obtained under paragraph (1), unless and until the expert or consultant agrees in writing to complete the entire period of assignment or one year, whichever is shorter, unless separated or ?<, reassigned for reasons beyond the control of the expert or consultant that are acceptable to the Secretary. If the expert or consultant violates the agreement, the money spent by the United States for the expenses specified in subparagraph (A) is recoverable from the expert or consultant as a debt of the United States. The Secretary may waive in whole or in part a right of recovery under this subparagraph. "(j) The Administrator shall, without regard to the provisions of title 5, United States Code, governing appointments in the competi- tive service, and without regard to the provisions of chapter 51 and 5 USC 5101. subchapter III of chapter 53 of such title, relating to classification 5 USC 5331. and General Schedule pay rates, establish such technical and sci- entific peer review groups as are needed to carry out the require- ments of section 507 and appoint and pay members of such groups. Post, p. 3207-109. except that officers and employees of the United States shall not receive additional compensation for services as members of such groups. The Federal Advisory Committee Act shall not apply to the 5 USC app. duration of a peer review group appointed under this subsection. "(k)(l) The Alcohol, Drug Abuse, and Mental Health Advisorv Board (hereinafter in this subsection referred to as the 'Board) shall— "(A) periodically assess the national needs for alcoholism, <•• alcohol abuse, drug abuse, and mental health services and the extent to which those needs are being met by State, local, and private programs and programs receiving funds under this title and parts B and C of title XIX, and 42 USC 300x; "(B) provide advice to the Secretary and the Administrator ^nte, p. respecting activities carried out under this title and parts B and 3207-103. C of title XIX. "(2)(A) The Board shall consist of 15 members appointed by the Secretary and such ex officio members from the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National Institute of Mental Health as the Secretary may designate. Of the members appointed to the Board, at least 6 members shall represent State and private, nonprofit providers of prevention and treatment services for alcoholism, alcohol abuse, drug abuse, and mental illness, at least 6 members shall be individ- uals with expertise in public education and prevention services for alcoholism, alcohol abuse, drug abuse, and mental illness, and at least 3 members shall be appointed from members of the general public who are knowledgeable about alcoholism, alcohol abuse, drug abuse, and mental illness. "(B) The term of office of a member appointed to the Board is 4 years, except that of the members first appointed to the Board— "(i) 5 shall serve for terms of 1 year, "(ii) 5 shall serve for terms of 2 years, "(iii) 5 shall serve for terms of 3 years, as designated by the Secretary at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of such member was appointed
100 STAT. 3207-109 PUBLIC LAW 99-570—OCT. 27, 1986 shall be appointed only for the remainder of such term. A member may serve after the expiration of the member's term until the successor of the member has taken office. "(3XA) Except as provided in subparagraph (B), members of the Board shall (i) be paid not more than the daily equivalent of the annual rate of beisic pay in effect for grade GS-18 of the General 5 u s e 5331. Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Board, and (ii) while away from their homes or regular places of business and while serving in the business of the Board, be entitled to receive transportation expenses as prescribed by section 5703 of title 5, United States Code. "(B) Members of the Board who are full-time officers or employees of the United States shall receive no additional pay, allowances, or benefits by reason of their service on the Board. "(4) The Board may appoint such staff personnel as the Board considers appropriate. "(5) The Secretary shall designate the chairman of the Board. "(6) The Board shall meet at least 3 times each calendar year. Reports. "(7) The Board shall report annually to the Committee on Energy and Commerce of the House of Representatives and the (Committee on Labor and Human Resources of the Senate on its activities during the prior year and shall include in such report such rec- ommendations for legislation and administrative action as it deems appropriate.". SEC. 4004. ADVISORY COUNCILS. 42 u s e 290aa-4, (a) Part A of title V is amended by redesignating sections 505 and 290aa-5. 506 as sections 506 and 507, respectively, and by inserting after section 504 the following new section: ADVISORY COUNCILS 42 use "SEC. 505. (aXD The Secretary shall appoint an advisory council 290aa-3a. for the National Institute on Alcohol Abuse and Alcoholism, for the National Institute on Drug Abuse, and for the National Institute of Mental Health. Each such advisory council shall advise, consult with, and make recommendations to the Secretary and the Director of the Institute for which it was appointed on matters relating to the activities carried out by and through the Institute and the policies respecting such activities. "(2) Each advisory council for an Institute may recommend to the 42 u s e 300aa. Secretary acceptance, in accordance with section 2101, of conditional gifts for— "(A) study, investigation, or research respecting the diseases, disorders, or other aspect of human health with respect to which the Institute was established; "(B) the acquisition of grounds for the Institute; or "(C) the construction, equipping, or maintenance of facilities for the Institute. "(3) Each advisory council for an Institute— "(AXi) may on the basis of the materials provided under Supra. section 507(dX2) respecting research conducted at the Institute, make recommendations to the Director of the Institute respect- ing such research; "(ii) shall review applications for grants and cooperative agreements for research or training and for which advisory
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-110 council approval is required under section 507(e)(2), and rec- ommend for approval applications for projects which show promise of making valuable contributions to human knowledge; and "(iii) may review any grant, contract, or cooperative agree- ment proposed to be made or entered into by the Institute; "(B) may collect, by correspondence or by personal investiga- tion, information as to studies which are being carried on in the United States or any other country as to the diseases, disorders, or other aspect of human health with respect to which the Institute was established and with the approval of the Director of the Institute make available such information through appro- priate publications for the benefit of public and private health entities and health professions personnel and scientists and for the information of the general public; and "(C) may appoint subcommittees and convene workshops and conferences. "(b)(1) Each advisory council shall consist of nonvoting ex officio members and not more than 12 members appointed by the Secretary. "(2) The ex officio members of an advisory council shall consist of— "(A) the Secretary, the Administrator, the Director of the Institute for which the advisory council is established, the Chief Medical Director of the Veterans' Administration, and the Assistant Secretary of Defense for Health Affairs (or the des- ignees of such officers), and "(B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions. "(3) The members of an advisory council who are not ex officio members shall be appointed as follows: "(A) Nine of the members shall be appointed by the Secretary from among the leading representatives of the health and sci- entific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Institute for which the advisory council is established. "(B) Three of the members shall be appointed by the Sec- retary from the general public and shall include leaders in fields of public policy, public relations, law, health policy, eco- nomics, and management. "(4) Members of an advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The other members of an advisory council shall receive, for each day (including travel time) they are engeiged in the performance of the functions of the advisory council, com- pensation at rates not to exceed the daily equivalent of the annual rate in effect for grade GS-18 of the General Schedule. 5 USC 5331. "(c) The term of office of an appointed member of an advisory council is 4 years, except that any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term and the Secretary shall make appointments to an advisory council in such manner as to ensure that the terms of the members do not all expire in the same year. A member may serve after the expiration of the member's term until a successor has taken office. A member who has been appointed for a term of 4 years may not be reappointed to an advisory council before 2 years
100 STAT. 3207-111 PUBLIC LAW 99-570—OCT. 27, 1986 from the date of expiration of such term of office. If a vacancy occurs in the advisory council among the appointed members, the Sec- retary shall make an appointment to fill the vacancy within 90 days from the date the vacancy occurs. "(d) The chairman of an advisory council shall be selected by the Secretary from among the appointed members, except that the Secretary may select the Director of the Institute for which the advisory council is established to be the chairman of the advisory council. The term of office of chairman shall be 2 years. "(e) The advisory council shall meet at the call of the chairman or upon the request of the Director of the Institute for which it was established, but at least 3 times each fiscal year. The location of the meetings of each advisory council is subject to the approval of the Director of the Institute for which the advisory council was established. "(f) The Director of the Institute for which an advisory council is established shall designate a member of the staff of the Institute to serve as the executive secretary of the advisory council. The Direc- tor of the Institute shall make available to the advisory council such staff, information, and other assistance as it may require to carry out its functions. The Director of the Institute shall provide orienta- tion and training for new members of the advisory council to provide them with such information and training as may be appro- priate for their effective participation in the functions of the advisory council.". 42 use 290aa-3a (b) The aimendment made by subsection (a) does not terminate the no*®- membership of any advisory council for the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, or the National Institute of Mental Hesilth which was in existence on the date of enactment of this Act. After such date— (1) the Secretary of Health and Human Services shall make appointments to each such advisory council in such a manner as to bring about as soon as practicable the composition for such council prescribed by section 505 of the Public Healtli Service Act; (2) each advisory council shsill organize itself in accordance with such section and exercise the functions prescribecJ by such section; and (3) the Director of each such institute shall perform for such advisory council the functions prescribed by such section. 42 use 218. (c) Section 217 is amended— (1) by striking out subsections (a), Ot)), (c), and (d); * (2) by striking out "(eXD" and inserting in lieu ther 3of "(a)"; (3) by striking out "(2)" and inserting in lieu ther-of "(b)"; (4) by striking out "(3)" and inserting in lieu ther 'of "(c)"; , . ? - ^' (5) by striking out "(4)" and inserting in lieu ther* of "(d)"; and (6) by redesignating clauses (A) and (B) of subsecti^ n (c) (as redesignated by the amendment made by paragraph (I) of this subsection) as clauses (1) and (2), respectively. SEC. 4005. OFFICE FOR SUBSTANCE ABUSE PREVENTION. (a) Part A of title V (as gmiended by section 4004 of this Act) is further amended by adding at the end thereof the following new sections: ....w., ......i.:.-^ .•... .^ . - . . , . . , , . . . . ;
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-112 OFFICE FOR SUBSTANCE ABUSE PREVENTION ' "SEC. 508. (a) There is established in the Administration an Office 42 u s e 290aa-6. for Substance Abuse Prevention (heresifter in this part referred to as the 'Office'). The Office shall be headed by a Director appointed by the Secretary from individuals with extensive experience or aca- demic qualifications in the prevention of drug or alcohol abuse. "(b) The Director of the Office shall— "(1) sponsor regional workshops on the prevention of drug and alcohol abuse; "(2) coordinate the findings of research sponsored by agencies of the Service on the prevention of drug and alcohol abuse; "(3) develop effective drug and alcohol abuse prevention lit- erature (including literature on the adverse effects of cocaine free base (known as 'crack')); "(4) in cooperation with the Secretary of Education, assure the widespread dissemination of prevention materials among States, political subdivisions, and school systems; "(5) support programs of clinical training of substance abuse counselors and other health professionals; "(6) in cooperation with the Director of the Centers for Dis- ease Control, develop educational materials to reduce the risks of acquired immune deficiency syndrome among intravenous drug abusers; "(7) conduct training, technical assistance, data collection, and evaluation activities of programs supported under the Drug Free Schools and Communities Act of 1986; Post, "(8) support the development of model, innovative, commu- p. 3207-125. nity-based programs to discourage alcohol and drug abuse among young people; and "(9) prepare for distribution documentary films and public service announcements for television and radio to educate the public concerning the dangers to health resulting from the consumption of alcohol and drugs and, to the extent feasible, use appropriate private organizations and business concerns in the preparation of such announcements. "(c) The Director may make grants and enter into contracts and Grants. cooperative agreements in carrying out subsection (b). Contracts. "(d) Of the amounts available under the second sentence of section 1921(a) to carry out this section and section 509A, $20,000,000 shall Post, be available to carry out section 509A. p. 3207-113. ALCOHOL AND DRUG ABUSE INFORMATION CLEARINGHOUSE "SEC. 509. The Secretary, through the Director of the Office, shall State and local establish a clearinghouse for alcohol and drug abuse information to governments. 42 u s e 290aa-7. assure the widespread dissemination of such information to States, political subdivisions, educational agencies and institutions, health and drug treatment and rehabilitation networks, and the general public. The clearinghouse shall— "(1) disseminate publications by the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the Department of Education concerning alcohol abuse and drug abuse; "(2) disseminate accurate information concerning the health * effects of alcohol abuse and drug abuse;
100 STAT. 3207-113 PUBLIC LAW 99-570—OCT. 27, 1986 "(3) collect and disseminate information concerning successful alcohol abuse and drug abuse education and prevention curric- ula; and "(4) collect and disseminate information on effective and ineffective school-based alcohol abuse and drug abuse education and prevention programs, particularly effective programs which stress that the use of illegal drugs and the abuse of alcohol is wrong and harmful. PREVENTION, TREATMENT, AND REHABILITATION MODEL PROJECTS FOR HIGH RISK YOUTH Grants. "SEC. 509A. (a) The Secretary, through the Director of the Office, 42 u s e 290aa-8. shall make grants to public and nonprofit private entities for projects to demonstrate effective models for the prevention, treat- ment, and rehabilitation of drug abuse and alcohol abuse among high risk youth. "GJXI) In making grants for drug abuse and alcohol abuse preven- tion projects under this section, the Secretary shall give priority to applications for projects directed at children of substance abusers, latchkey children, children at risk of abuse or neglect, preschool 42 u s e 9801 children eligible for services under the Head Start Act, children at note. risk of dropping out of school, children at risk of becoming adoles- cent parents, and children who do not attend school and who are at risk of being unemployed. "(2) In making grants for drug abuse and alcohol abuse treatment and rehabilitation projects under this section, the Secretary shall give priority to projects which address the relationship between drug abuse or alcohol abuse and physical child abuse, sexual child abuse, emotional child abuse, dropping out of school, unemploy- ment, delinquency, pregnancy, violence, suicide, or mental health problems. "(3) In making grgints under this section, the Secretary shall give priority to applications from community based organizations for projects to develop innovative models with multiple, coordinated services for the prevention or for the treatment and rehabilitation of drug abuse or alcohol abuse by high risk youth. "(4) In making grants under this section, the Secretary shall give priority to applications for projects to demonstrate effective models with multiple, coordinated services which may be replicated and which are for the prevention or for the treatment and rehabilitation of drug abuse or alcohol abuse by high risk youth. "(c) To the extent feasible, the Secretary shall make grants under this section in all regions of the United States, and shall ensure the distribution of grants under this section among urban and rural areas. State and local "(d) In order to receive a grant for a project under this section for governments. a fiscal year, a public or nonprofit private entity shall submit an application to the Secretary, acting through the Office. The Sec- retary inay provide to the Governor of the State the opportunity to review and comment on such application. Such application shall be in such form, shall contain such information, and shall be submitted at such time as the Secretary may by regulation prescribe. "(e) The Director of the Office shall evaluate projects conducted with grants under this section. "(f) For purposes of this section, the term 'high risk youth' means an individual who has not attained the age of 21 years, who is at
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-114 high risk of becoming, or who has become, a drug abuser or an alcohol abuser, and who— "(1) is identified as a child of a substance abuser; "(2) is a victim of physical, sexual, or psychological abuse; "(3) has dropped out of school; "(4) has become pregnant; "(5) is economically disadvantaged; "(6) has committed a violent or delinquent act; "(7) has experienced mental health problems; "(8) has attempted suicide; or "(9) is disabled by injuries.". (bXD Section 502(e) is repealed. 42 USC 290aa-l. (2) Section 503(d) is amended— 42 USC 290aa-2. (A) by inserting "and" at the end of paragraph (2); (B) by striking out "; and" at the end of paragraph (3) and inserting in lieu thereof a period; and (C) by striking out paragraph (4). SEC. 4006. PUBLIC HEALTH EMERGENCIES. Part A of title V (as amended by sections 4004 and 4005 of this Act) is further amended by adding at the end thereof the following: RESEARCH ON PUBLIC HEALTH EMERGENCIES "SEC. 509B. (a) If the Secretary determines, after consultation Grants. with the Administrator, the Commissioner of Food and Drugs, or the 42 USC 290aa-9. Director of the Centers for Disease Control, that a disease or dis- order within the jurisdiction of an Institute of the Administration constitutes a public health emergency, the Secretary, acting through the Administrator— "(1) shall expedite the review by advisory councils and by peer Contracts. review groups of applications for grants for research on such disease or disorder or proposals for contracts for such research; "(2) shall exercise the authority in section 3709 of the Revised Statutes (41 U.S.C. 5) respecting public exigencies to waive the advertising requirements of such section in the case of proposals for contracts for such research; "(3) may provide administrative supplemental increases in existing grants and contracts to support new research relevant to such disease or disorder; and "(4) shall disseminate, to health professionals and the public, information on the cause, prevention, and treatment of such disease or disorder that has been developed in research assisted under this section. The amount of an increase in a grant or contract provided under paragraph (3) may not exceed one-half the original amount of the grant or contract. "Ofc)) Not later than 90 days.after the end of a fiscal year, the Reports. Secretary shall report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate on actions taken under subsection (a) in such fiscal year if any actions were taken under such subsec- tion in such fiscal year.".
100 STAT. 3207-115 PUBLIC LAW 99-570—OCT. 27, 1986 SEC. 4007. PEER REVIEW. 42 use 290aa-5. Subsection (b) of section 507 (as redesignated by section 4004(a) of this Act) is amended by inserting "applications made for" after "review o f in the matter preceding paragraph (1). SEC. 4008. NATIONAL ALCOHOL RESEARCH CENTERS. 42 use 290bb-l. Section 511(b) is amended— (1) by striking out "or rental" before "any land"; and (2) by striking out "rental," before "purchase". SEC. 4009. EXPANSION OF DRUG ABUSE RESEARCH. 42 use 290cc. Section 515(a) is amended— (1) by striking out "and" after the semicolon in paragraph (4); (2) by striking out paragraph (5) and inserting in lieu thereof the following: "(5) effective methods of drug abuse prevention, treatment, and rehabilitation, particularly methods of intervention to treat abuse of specific drugs; and"; and (3) by adding at the end thereof the following: ' • "(6) the development of chemical antidotes and narcotic antagonists for use in the treatment of cocaine and heroin addiction.". SEC. 4010. RESEARCH AUTHORIZATION. 42 use 290bb-2. (a) Section 513 is amended to read as follows: AUTHORIZATIONS OF APPROPRIATIONS "SEC. 513. There are authorized to be appropriated to carry out this subpart $69,000,000 for fiscal year 1987.". 42 u s e 290CC-2. (b) Section 517 is amended to read £is follows: AUTHORIZATIONS OF APPROPRIATIONS "SEC. 517. There are authorized to be appropriated to carry out this subpart $129,000,00afor fiscal year 1987.". SEC. 4011. SUICIDE. 42 u s e 290aa-3. (a) Section 504 is amended by adding at the end thereof the following new subsection: "(h) The Director shall— "(1) develop and publish information respecting the causes of . suicide and the means of preventing suicide; and "(2) make such information generally available to the public and health professionals. Information developed, published, and distributed under this subsec- tion shall especially relate to suicide among individuals under the age of 21.". Reports. (b) Not later than one year after the date of enactment of this Act, 42 u s e 290aa-3 the Director of the Nationed Institute of Mental Health shall report to note. the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives on the activities undertaken under section 504(h) of the Public Health Service Act and shall include in such report an assessment of the effectiveness of such activities.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-116 SEC. 4012. MENTAL HEALTH NEEDS OF THE ELDERLY. i Section 504(c) is amended by adding at the end thereof the follow- 42 USC 290aa-3. ing: "Special consideration shall be given to programs for training and research on the mental health needs of the elderly.". SEC. 4013. TECHNICAL AMENDMENT. Section 504(e) is amended by striking out the period at the end of 42 USC 290aa-3. paragraph (2XA) and inserting in lieu thereof a semicolon. SEC. 4014. INFANT FORMULAS. (a) Section 412 of the Federal Food, Drug, and Cosmetic Act is 21 USC 350a. amended— (1) by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively, (2) by amending the last sentence of paragraph (1) of subsec- tion (g) (as so redesignated) to read as follows: "Such records shall be retained for at least one year after the expiration of the shelf life of the infant formula.", (3) by striking out "(a) and (b)" in the first sentence of subsection (hXl) (as so redesignated) and inserting in lieu thereof "(a), (b), and (c)", (4) by striking out "(cXl)" in the second sentence of such subsection and inserting in lieu thereof "(eXD", (5) by striking out "(eXlXB)" in such sentence and inserting in lieu thereof "(dXl)(B)", (6) by striking out "(a) and (b)" in subsection (h)(2) (as so redesignated) and inserting in lieu thereof "(a), (b), and (c)", and (7) by striking out subsections (a) through (d) and inserting in lieu thereof the following: "(a) An infant formula, including an infant formula powder, shall be deemed to be adulterated if— "(1) such infant formula does not provide nutrients as re- ' quired by subsection (i), "(2) such infant formula does not meet the quality factor requirements prescribed by the Secretary under subsection (bXD, or "(3) the processing of such infant formula is not in compliance with the good manufacturing practices and the quality control procedures prescribed by the Secretary under subsection (bX2). "(bXD The Secretary shall by regulation establish requirements for quality factors for infant formulas to the extent possible consist- ent with current scientific knowledge, including quality factor requirements for the nutrients required by subsection (i). "(2XA) The Secretary shall by regulation establish good manufac- turing practices for infant formulas, including quality control proce- dures that the Secretary determines are necessary to assure that an infant formula provides nutrients in accordance with this subsection ^' ' -^ ^ and subsection (i) and is manufactured in a manner designed to prevent adulteration of the infant formula. "(B) The good manufacturing practices and quality control proce- dures prescribed by the Secretary under subparagraph (A) shall include requirements for— "(i) the testing, in accordance with paragraph (3) and by the manufacturer of an infant formula or an agent of such manu- facturer, of each batch of infant formula for each nutrient required by subsection (i) before the distribution of such batch,
100 STAT. 3207-117 PUBLIC LAW 99-570—OCT. 27, 1986 "(ii) regularly scheduled testing, by the manufacturer of an infant formula or an agent of such manufacturer, of samples of infant formulas during the shelf life of such formulas to ensure that such formulas are in compliance with this section, "(iii) in-process controls including, where necessary, testing required by good manufacturing practices designed to prevent ; adulteration of each batch of infant formula, and "(iv) the conduct by the manufacturer of an infant formula or an agent of such manufacturer of regularly scheduled audits to determine that such manufacturer has complied with the regu- lations prescribed under subparagraph (A). In prescribing requirements for audits under clause (iv), the Sec- retary shall provide that such audits be conducted by appropriately trained individuals who do not have any direct responsibility for the manufacture or production of infant formula. "(3XA) At the final product stage, each batch of infant formula shall be tested for vitamin A, vitsmiin Bl, vitamin C, and vitamin E to ensure that such infemt formula is in compliance with the requirements of this subsection and subsection (i) relating to such vitamins. "(B) Each nutrient premix used in the manufacture of an infant formula shall be tested for each relied upon nutrient required by subsection (i) which is contained in such premix to ensure that such premix is in compliance with its specifications or certifications by a premix supplier. "(C) During the manufacturing process or at the final product stage and before distribution of an infant formula, an infant formula s h ^ l be tested for all nutrients required to be included in such formula by subsection (i) for which testing has not been conducted pursuant to subparagraph (A) or (B). Testing under this subpara- graph shall be conducted to— "(i) ensure that each batch of such infant formula is in compliance with the requirements of subsection (i) relating to . c such nutrients, and "(ii) confirm that nutrients contained in any nutrient premix used in such infant formula are present in each batch of such infsmt formula in the proper concentration. "(D) If the Secretary adds a nutrient to the list of nutrients in the table in subsection (i), the Secretary shall by regulation require that the manufacturer of an infant formula test each batch of such formula for such new nutrient in accordance with subparagraph (A), (B),or(C). "(E) For purposes of this paragraph, the term 'final product stage' means the point in the manufacturing process, before distribution of an infant formula, at which an infant formula is homogenous and is not subject to further degradation. Regulations. "(4XA) The Secretary shsdl by regulation establish requirements respecting the retention of records. Such requirements shall provide for— "(i) the retention of all records necessary to demonstrate compliance with the good manufacturing practices and quality control procedures prescribed by the Secretary under paragraph (2), including records containing the results of all testing re- quired under paragraph (2XB), ^ "(ii) the retention of all certifications or guarantees of analy- sis by premix suppliers, i .
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-118 "(iii) the retention by a premix supplier of all records nec- essary to confirm the accuracy of all premix certifications and guarantees of analysis, "(iv) the retention of— "(I) all records pertaining to the microbiological quality and purity of raw materials used in infant formula powder and in finished infant formula, and "(II) all records pertaining to food packaging materials which show that such materials do not cause an infant formula to be adulterated within the meaning of section 402(a)(2)(C), "(v) the retention of all records of the results of regularly . scheduled audits conducted pursuant to the requirements pre- scribed by the Secretary under paragraph (2)(B)(iv), and "(vi) the retention of all complaints and the maintenance of files with respect to, and the review of, complaints concerning infant formulas which may reveal the possible existence of a hazard to health. "(B)(i) Records required under subparagraph (A) with respect to an infant formula shall be retained for at least one year after the expiration of the shelf life of such infant formula. Except as pro- vided in clause (ii), such records shall be made available to the Secretary for review and duplication upon request of the Secretary, "(ii) A manufacturer need only provide written assurances to the Secretary that the regularly scheduled audits required by paragraph (2)(B)(iv) are being conducted by the manufacturer, and need not make available to the Secretary the actual written reports of such audits. "(c)(1) No person shall introduce or deliver for introduction into interstate commerce any new infant formula unless— "(A) such person has, before introducing such new infant formula, or delivering such new infant formula for introduction, into interstate commerce, registered with the Secretary the name of such person, the place of business of such person, and all establishments at which such person intends to manufacture such new infant formula, and "(B) such person has at least 90 days before marketing such new infant formula, made the submission to the Secretary required by subsection (c)(1). "(2) For purposes of paragraph (1), the term 'new infant formula' includes— "(A) an infant formula manufactured by a person which has not previously manufactured an infant formula, and "(B) an infant formula manufactured by a person which has previously manufactured infant formula and in which there is a major change, in processing or formulation, from a current or any previous formulation produced by such manufacturer. For purposes of this paragraph, the term 'major change' has the meaning given to such term in section 106.30(c)(2) of title 21, Code o,. Federal Regulations (as in effect on August 1, 1986), and guidelines issued thereunder. "(d)(1) A person shall, with respect to any infant formula subject to subsection (c), make a submission to the Secretary which shall include— "(A) the quantitative formulation of the infant formula, "(B) a description of any reformulation of the formula or change in processing of the infant formula,
100 STAT. 3207-119 PUBLIC LAW 99-570—OCT. 27, 1986 "(O assurances that the infant formula will not be marketed unless it meets the requirements of subsections (bXl) and (i), as demonstrated by the testing required under subsection (bX3), and "(D) assurances that the processing of the infant formula complies with subsection 03X2). "(2) Alter the first production of an infant formula subject to subsection (c), and before the introduction into interstate commerce of such formula, the manufacturer of such formula shall submit to the Secretary, in such form as may be prescribed by the Secretary, a written verification which summarizes test results and records dem- onstrating that such formula complies vdth the requirements of subsections (bXD, (bX2XA), (bX2XBXi), (bX2XBXiii), (bXSXA). (bXBXC), and (i). "(3) If the manufacturer of an infant formula for commercial or charitable distribution for human consumption determines that a change in the formulation of the formula or a change in the processing of the formula may affect whether the formula is adulter- ated under subsection (a), the manufacturer shall, before the first processing of such formula, make the submission to the Secretary required by paragraph (1). ' (eXD If the manufacturer of an infant formula has knowledge which reasonably supports the conclusion that an infant formula which has been processed by the manufacturer and which has left an establishment subject to the control of the manufacturer— "(A) may not provide the nutrients required by subsection (i), or "(B) may be otherwise adulterated or misbranded, the manuiFacturer shall promptly notify the Secretary of such knowl- edge. If the Secretary determines that the infant formula presents a risk to human health, the manufacturer shall immediately take all actions necessary to recall shipments of such infant formula from all wholesale and retail establishments, consistent with recall regula- tions and guidelines issued by the Secretary. "(2) For purposes of paragraph (1), the term 'knowledge' as applied to a manufacturer means (A) the actual knowledge that the manu- facturer had, or (B) the knowledge which a reasonable person would have had under like circumstances or which would have been obtained upon the exercise of due care. "(fKD If a recall of infant formula is begun by a manufacturer, the recall shall be carried out in accordance with such requirements as the Secretary shall prescribe under paragraph (2) and— "(A) the Secretary shall, not later than the 15th day after the beginning of such recall and at least once every 15 days there- after luitil the recall is terminated, review the actions taken under the recall to determine whether the recall meets the requirements prescribed under paragraph (2), and "(B) the manufacturer shall, not later than the 14th day after the beginning of such recall and at least once every 14 days there£^»r until the recall is terminated, report to the Secretary the actions taken to implement the recall. Regulations. "(2) The Secretary shall by regulation prescribe the scope and extent of recalls of infant formulas necessary and appropriate for the degree of risks to human health presented by the formula subject to the recall. "(3) The Secretary shall by regulation require each manufacturer of an infant formula who begins a recall of such formula because of
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-120 a risk to human health to request each retail establishment at which such formula is sold or available for sale to post at the point of purchase of such formula a notice of such recall at such establish- ment for such time that the Secretary determines necessary to inform the public of such recall.". (b)(1) Subsection (i) of such section (as so redesignated) is 21USC 350a. amended— (A) by inserting "(1)" after "(i)", (B) by striking out "subsection (a)" and inserting in lieu thereof "paragraph", (C) by striking out the colon and inserting in lieu thereof a period, and (D) by adding at the end the following: "(2) The Secretary may by regulation— "(A) revise the list of nutrients in the table in this subsection, and "(B) revise the required level for any nutrient required by the table.". (2) Section 301(s) of the Federal Food, Drug, and Cosmetic Act is 21 USC 331. amended to read as follows: "(s) The failure to provide the notice required by section 412(c) or Ante, 3207-116. 412(d), the failure to make the reports required by section 412(f)(lXB), the failure to retain the records required by section 412(b)(4), or the failure to meet the requirements prescribed under section 412(fK3).". SEC. 4015. STUDY ON ALKYL NITRITES. The Secretary of Health and Human Services, through the Commissioner of Food and Drugs and the Director of the National Institute on Drug Abuse, shall, within 180 days of the date of the enactment of this Act, conduct a study on alkyl nitrites to determine— (1) the extent and nature of the use of alkyl nitrites products by the public, (2) the extent to which the use of such products conform to the advertised uses of the products, and (3) the extent to which the sale of such products to the public presents a health risk and the nature of such risk. The Secretary shall report to the Committee on Energy and Reports. * Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate on such study and shall include in the report recommendations concerning whether alkyl nitrites should be treated as a drug under the Federal Food, Drug, and Cosmetic Act. 21 USC 301. SEC. 4016. SENSE OF THE SENATE WITH RESPECT TO POSSESSION OR DISTRIBUTION OF DRUGS UNDER STATE LAW. It is the sense of the Senate that, if the possession or distribution of a drug is an offense under the Controlled Substances Act, the laws 21 USC 801 note. of the States should not be amended or revised to provide that the possession or distribution, respectively, of such drug is not a criminal offense. SEC. 4017. STUDIES ON HEALTH WARNING LABELS FOR ALCOHOLIC BEVERAGES. (a) The Senate finds that— (1) the most abused drug in America is alcohol;
100 STAT. 3207-121 PUBLIC LAW 99-570—OCT. 27, 1986 (2) alcohol abuse costs the American economy nearly $120,000,000,000 per year, including increased medical expenses and decreased productivity; (3) in 1984, 53 percent of the traffic fatalities in the United States, accounting for more than 23,500 deaths, were related to the consumption of alcohol; (4) over 12,000,000 American adults have one or more symp- toms of alcoholism, and this represents an 8.2 percent increase in problem drinking since 1980; (5) in 1984, almost 3,300,000 individuals between the ages of 14 and 17 experienced serious problems at home, in school, or with the law because of alcohol consumption; (6) fetal alcohol syndrome is the third leading cause of birth defects, and is the only preventable cause of birth defects among the top three causes; (7) nearly 5,000 babies per year are born with birth defects related to fetal alcohol s3nidrome; (8) the statistics cited in the preceding paragraphs of this subsection indicate that many Americans are not aware of the adverse effects that the abuse of alcoholic beverages may have on health; (9) it is necessary to undertake a serious national effort to educate the American people of the serious consequences of alcohol abuse; and (10) carefully drafted warning labels on the containers of alcoholic beverages concerning serious health consequences resulting from the abuse of alcohol may assist in providing such education. (b) Therefore, it is the sense of the Senate that— (1) the Public Health Service should focus attention on the problem of educating the American people on the serious health consequences of alcohol abuse; (2) the Public Health Service should review available knowl- edge and conduct studies to assess the most effective means of providing such education, including an assessment of the poten- tial educational impact of health warning labels on the contain- ers of alcoholic beverages; and Reports. (3) the Public Health Service should transmit a report to the Congress within 6 months after the date of enactment of this Act concerning any activities described in paragraph (2) which have been undertaken, and should include in such report any findings respecting the impact and potential benefits of display- ing health warnings on the containers of alcoholic beverages and recommendations for specific language for such labels. SEC. 4018. EFFORTS OF THE ENTERTAINMENT AND WRITTEN MEDIA INDUSTRY. It is the sense of Congress that— (1) whereas illegal drug and alcohol consumption and the trafficking in those illegal drugs and alcohol is a major problem in the United States, (2) whereas the problem of alcohol abuse is particularly preva- lent among and harmful to the Nation's young people, and (3) whereas the values and mores portrayed in various forms of commercially produced entertainment have a profound effect on the attitudes of yoimg people in this country,
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-122 the entertainment and written media industry should refrain from producing material meant for general entertainment which in any way glamorizes or encourages the use of illegal drugs and alcohol and the entertainment and written media industry should develop films, television programs, records, videos, and advertising which discourage the use of illegal drugs and alcohol. SEC. 4019. SENSE OF THE CONGRESS URGING THE CATEGORIZATION OF FILMS WHICH PROMOTE ALCOHOL ABUSE AND DRUG USE. (a) The Congress finds that— (1) the abuse of alcohol and the use of drugs has become a societal problem of epidemic proportions, (2) it is in the interest of all citizens to contribute to the reduction of alcohol abuse and drug use, particularly among > youth, (3) the entertainment industry, particularly the motion pic- ture industry's production of youth-oriented films, often depicts alcohol abuse and drug use in a benign, even glamorous way, (4) the motion picture industry has a profound impact on societal norms and is a powerful medium which exerts great influence on the values of youth, and (5) the motion picture industry has recognized the need to inform parents about the contents of movies regarding violence, sex, language, and nudity and therefore currently employs a voluntary rating system. (b) It is the sense of the Congress that the Motion Picture Associa- tion of America should incorporate a new rating in its voluntary movie rating system to clearly identify films which depict alcohol abuse and drug use. SEC. 420. ANIMALS IN RESEARCH. Part A of title V, as amended by sections 4004 and 4005, is amended by adding at the end the following: " A N I M A L S I N RESEARCH "SEC. 509C. (a) The Secretary, acting through the Administrator, 42 USC shall establish guidelines for the following: 290aa-10. "(1) The proper care of animals to be used in research con- ducted by and through agencies of the Administration. "(2) The proper treatment of animals while being used in such research. Guidelines under this paragraph shall require— "(A) the appropriate use of tranquilizers, analgesics, anesthetics, paral3d;ics, and euthanasia for animals in such research; and "(B) appropriate pre-surgical and post-surgical veterinary medical and nursing care for animals in such research. • Such guidelines shall not be construed to prescribe methods of research. "(3) The organization and operation of animal care committee in accordance with subsection (b). "(b)(1) Guidelines of the Secretary under subsection (a)(3) shall require animal care committees at each entity which conducts research with funds provided under this title to assure compliance with the guidelines established under subsection (a). "(2) Each animal care committee shall be appointed by the chief executive officer of the entity for which the committee is estab-
100 STAT. 3207-123 PUBLIC LAW 99-570—OCT. 27, 1986 lished, shall be composed of not fewer than three members, and shall include at least one individual who has no association with such entity and at least one doctor of veterinary medicine. "(c) Each animal care committee of a research entity shall— "(1) review the care and treatment of animals in all animal study areas and facilities of the research entity at least semi- annually to evaluate compliance with applicable guidelines established under subsection (a) for appropriate animal care and treatment; "(2) keep appropriate records of reviews conducted under paragraph (1); and Reports. "(3) for each review conducted under paragraph (1), file with the Administrator at least annually (A) a certification that the review has been conducted, and (B) report of any violations of guidelines established under subsection (a) or of assurances required under subsection (d) which were observed in such review and which have continued after notice by the committee to the research entity involved of the violations. Reports filed under paragraph (3) shall include any minority views filed by members of the committee. Grants. "(d) The Administrator shall require each applicant for a grant, Contracts. contract, or cooperative agreement involving research on animals which is administered by the Administrator or any agency of the Administration to include in its application or contract proposal, submitted after the expiration of the 12-month period beginning on the date of enactment of this section— "(1) assurances satisfactory to the Administrator that— "(A) the applicant meets the requirements of the guide- lines established under paragraph (1) and (2) of subsection (a) and hgis an animal care committee which meets the requirements of subsection (b); and "(B) scientists, animal technicians, and other personnel involved with animal care, treatment, arid use by the ap- plicant have available to them instruction or training in the humane practice of animal maintenance and experimentation, and the concept, availability, and use of iO ,1 research or testing methods that limit the use of animals or limit animal distress; and "(2) a statement of the reasons for the use of animals in the research to be conducted with funds provided under such grant or contract. Notwithstanding subsection (aX2) of section 553 of title 5, United States Code, regulations under this subsection shall be promulgated in accordance with the notice and comment requirements of such section. "(e) If the Administrator determines that— Grants. "(1) the Conditions of animal care, treatment, or use in an Contracts. entity which is receiving a grant, contract, or cooperative agree- ment involving research on animals under this title do not meet applicable guidelines established under subsection (a); "(2) the entity has been notified by the Administrator of such determination and has been given a reasonable opportunity to take corrective action; and "(3) no action has been taken by the entity to correct such conditions; the Administrator shall suspend or revoke such grant or contract under such conditions as the Administrator determines appropriate.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-124 "(f) No guideline or regulation promulgated under subsection (a) or (c) may require a research entity to disclose publicly trade secrets or commercial or financial information which is privileged or confidential. SEC. 4021. TECHNICAL AMENDMENTS. (a) SECTION 504 (e).—Subsection (e) of section 504 (42 U.S.C. 290aa-3) is amended by striking out the period at the end of paragraph (2XA) and inserting in lieu thereof a semicolon. SECTION 504 (g).—Subsection (g) of such section is amended by striking out "section 1915 (e)" and inserting in lieu thereof "1916 (e)". Ob) GENERAL AUTHORITY.— (1) Section 504 (as amended by section 4019) is amended by adding at the end the following: "(i) The Secretary, acting through the Director, may make grants Grants. to and enter into cooperative agreements and contracts with public Contracts. and nonprofit private entities for research on mental illness.". (2) Section 301(a)(3) (42 U.S.C. 241(a)(3)) is amended by striking i;, out "or, in the case of mental health" and all that follows through "Council;" and by striking out "or the National Ad- visory Mental Health Council". SEC. 4022. ALCOHOLISM AND ALCOHOL ABUSE TREATMENT STUDY. 42 use 290bb note. (a) IN GENERAL.—The Secretary of Health and Human Services, acting through the Director of the National Institute on Alcohol Abuse and Alcoholism and in accordance with subsection (b), shall arrange for the conduct of a study to— (1) critically review available research knowledge and experi- ence in the United States and other countries regarding alter- ;^ native approaches and mechanisms (including statutory and voluntary mechanisms) for the provision of alcoholism and alcohol abuse treatment and rehabilitative services, (2) assess available evidence concerning comparative costs, quality, effectiveness, and appropriateness of alcoholism and . alcohol abuse treatment and rehabilitative service alternatives, i vf (3) review the state of financing alternatives available to the public, including an analysis of policies and experiences of third irr party insurers and State and municipal governments, and i (4) consider and make recommendations for policies and programs of research, planning, administration, and reim- bursement for the treatment and rehabilitation of individuals suffering from alcoholism and alcohol abuse. (b) ARRANGEMENTS.— (1) The Secretary shall request the National Academy of Sciences to conduct the study described in subsection (a) under an arrangement under which the actual expenses incurred by the Academy in conducting the study will be paid by the Secretary and with the consent of the Academy the Secretary shall enter into such arrangement. (2) Under the arrangement entered into under paragraph (1), the National Academy of Sciences shall agree to— (A) conduct the study in consultation with the Director of the National Institute on Alcohol Abuse and Alcoholism, and (B) submit to the Secretary not later than 24 months after Reports the date the arrangement is entered into a final report on the study.
100 STAT. 3207-125 PUBLIC LAW 99-570—OCT. 27, 1986 The Secretary shall transmit the final report of the Academy to Congress not later than 30 days after the date the Secretary receives the report. Drug-Free Subtitle B—Drug-Free Schools and Communities Act of 1986 Schools and ^T^^'^oic®^ SEC. 4101. SHORT TITLE. Act of 1986. 20 use 4601 This subtitle may be cited as the "Drug-Free Schools and Commu- "°*®- nities Act of 1986". 20 u s e 4601. SEC. 4102. FINDINGS. r :; The Congress finds that: (1) Drug abuse education and prevention programs are essen- tial components of a comprehensive strategy to reduce the demand for and use of drugs throughout the Nation. (2) Drug use and alcohol abuse are widespread among the Nation's students, not only in secondary schools, but increas- ingly in elementary schools as well. (3) The use of drugs and the abuse of alcohol by students constitute a grave threat to their physical and mental well- being and significantly impede the learning process. (4) The tragic consequences of drug use and alcohol abuse by students are felt not only by students and their families, but also by their communities and the Nation, which can ill afford to lose their skills, talents, and vitality. (5) Schools and local organizations in communities throughout the Nation have special responsibilities to work together to combat the scourge of drug use and alcohol abuse. (6) Prompt action by our Nation's schools, families, and communities can bring significantly closer the goal of a drug- free generation and a drug-free society. 20 u s e 4602. SEC. 4103. PURPOSE. State and local It is the purpose of this subtitle to establish programs of drug governments. abuse education and prevention (coordinated with related commu- Contracts ^^^^ efforts and resources) through the provision of Federal financial assistance— (1) to States for grants to local and intermediate educational agencies and consortia to establish, operate, and improve local programs of drug abuse prevention, early intervention, re- habilitation referral, and education in elementary and second- ary schools (including intermediate and junior high schools); (2) to States for grants to and contracts with community-based organizations for programs of drug abuse prevention, early intervention, rehabilitation referral, and education for school dropouts and other high-risk youth; (3) to States for development, training, technical assistance, and coordination activities; (4) to institutions of higher education to establish, implement, and expand programs of drug abuse education and prevention (including rehabilitation referral) for students enrolled in col- leges and universities; and (5) to institutions of higher education in cooperation with State and local educational agencies for teacher training pro- grams in drug abuse education and prevention.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-126 PART l—FINANCIAL ASSISTANCE FOR DRUG ABUSE EDUCATION AND PREVENTION PRO- GRAMS SEC. 4111. AUTHORIZATION OP APPROPRIATIONS. 20 USC 4611. (a) For the purpose of carrying out this subtitle, there are au- thorized to be appropriated $200,000,000 for fiscal year 1987 and $250,000,000 for each of the fiscal years 1988 and 1989. Ot)) Appropriations for any fiscal year for payments made under this subtitle in accordance with regulations of the Secretary may be made available for obligation or expenditure by the agency or institution concerned on the basis of an academic or school year differing from such fiscal year. (c) Funds appropriated for any fiscal year under this subtitle shall remain available for obligation and expenditure until the end of the fiscal year succeeding the fiscal year for which such funds were appropriated. (d) Notwithstanding any other provision of this subtitle, no Contracts. authority to enter into contracts or financial assistance agreements under this subtitle shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts. SEC. 4112. RESERVATIONS AND STATE ALLOTMENTS. 20 USC 4612. (a) From the sums appropriated or otherwise made available to carry out this subtitle for any fiscal year, the Secretary shall reserve— (1) 1 percent for pajnnents to Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands, to be allotted in accordance with their respective needs; (2) 1 percent for programs for Indian youth under section 4133; (3) 0.2 percent for programs for Hawiian natives under section 4134; (4) 8 percent for programs with institutions of higher edu- cation under section 4131; (5) 3.5 percent for Federal activities under section 4132; and (6) 4.5 percent for regional centers under section 4135. Ot)Xl) From the remainder of the sums not reserved under subsec- tion (a), the Secretary shall allot to each State an amount which bears the same ratio to the amount of such remainder as the school- age population of the State bears to the school-age population of all States, except that no State shall be allotted less than an amount equal to 0.5 percent of such remainder. (2) The Secretary may reallot any amount of any allotment to a State to the extent that the Secretary determines that the State will not be able to obligate such amount within two years of allotment. Any such reallotment shall be made on the same basis as an allotment under paragraph (1). (3) For purposes of this subsection, the term "State" means any of the fifty States, the District of Columbia, and Puerto Rico. (4) For each fiscal year, the Secretary shall make payments, as provided by section 6503(a) of title 31, United States Code, to each State from its allotment under this subsection from amounts appro- priated for that fiscal year.
100 STAT. 3207-127 PUBLIC LAW 99-570—OCT. 27, 1986 PART 2—STATE AND LOCAL PROGRAMS 20 u s e 4621. SEC. 4121. USE OF ALLOTMENTS BY STATES. ; (a) An amount equal to 30 percent of the total amount paid to a State from its allotment under section 4112 for any fiscal year shall be used by the chief executive officer of such State for State program in accordance with section 4122. (b) An amount equal to 70 percent of the total amount paid to a State from its allotment under section 4112 for any fiscal year shall be used by the State educational agency to carry out its responsibil- ities in accordance with section 4124 and for grants to local and intermediate educational agencies and consortia for programs and activities in accordance with section 4125. •••'it U '^^ ffi : r -!,inv-j:A. 20 u s e 4622. SEC. 4122. STATE PROGRAMS. Grants. Contracts. (a) Not more than 50 percent of the funds available for each fiscal year under section 4121(a) to the chief executive officer of a State shall be used for grants to and contracts with local governments and other public or private nonprofit entities (including parent groups, community action agencies, and other community-based organiza- tions) for the development and implementation of programs and activities such as— (1) local broadly-based programs for drug and alcohol abuse prevention, early intervention, rehabilitation referral, and edu- cation for all age groups; (2) training programs concerning drug abuse education and prevention for teachers, counselors, other educational person- nel, parents, local law enforcement officials, judicial officials, other public service personnel, and community leaders; (3) the development and distribution of educational and informational materials to provide public information (through the media and otherwise) for the purpose of achieving a drug- free society; (4) technical assistance to help community-based organiza- tions and local and intermediate educational agencies and con- sortia in the planning and implementation of drug abuse prevention, early intervention, rehabilitation referral, and edu- cation programs; (5) activities to encourage the coordination of drug abuse education and prevention programs with related community efforts and resources, which may involve the use of a broadly representative State advisory council including members of the State board of education, members of local boards of education, parents, teachers, counselors, health and social service profes- sionals, and others having special interest or expertise; and (6) other drug abuse education and prevention activities, consistent with the purposes of this subtitle. Ot)Xl) Not less than 50 percent of the funds available for each fiscal year under section 4121(a) to the chief executive officer of a State shall be used for innovative community-based programs of coordi- Grants. nated services for high-risk youth. The chief executive officer of such Contracts. State shall make grants to or contracts with local governments and other public and private nonprofit entities (including parent groups community action agencies, and other community-based organiza- tions) to carry out such services. v ;;, ^.t*:;? i. j, ; *f« *« '
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-128 (2) For purposes of this subsection, the term "high risk youth" means an individual who has not attained the age of 21 years, who is at high risk of becoming or who has been a drug or alcohol abuser, and who— (A) is a school dropout; (B) has become pregnant; , (C) is economically disadvantaged; (D) is the child of a drug or alcohol abuser; (E) is a victim of physical, sexual, or psychological abuse; (F) has committed a violent or delinquent act; (G) has experienced mental health problems; (H) has attempted suicide; or (I) has experienced long-term physical pain due to injury. SEC. 4123. STATE APPLICATIONS. 20 USC 4623. (a) In order to receive an allotment under section 4112(b), a State shall submit an application to the Secretary. As part of such applica- tion, the chief executive officer of the State shall agree to use the funds made available under section 4121(a) in accordance with the requirements of this part. As part of such application, the State educational agency of the State shall agree to use the funds made available under section 4121(b) in accordance with the requirements of this part. (b) The application submitted by each State under subsection (a) shall— (1) cover a period of three fiscal years; (2) be submitted at such time and in such manner, and contain such information, as the Secretary may require; (3) contain assurances that the Federal funds made available under this part for any period will be so used as to supplement and increase the level of State, local, and non-Federal funds that would in the absence of such Federal funds be made available for the programs and activities for which funds are provided under this part and will in no event supplant such State, local, and other non-Federal funds; (4) provide that the State will keep such records and provide such information as may be required by the Secretary for fiscal audit and program evaluation; (5) contain assurances that there is compliance with the specific requirements of this part; (6) describe the manner in which the State educational agency will coordinate its efforts with appropriate State health, law enforcement, and drug abuse prevention agencies, including the State agency which administers the Alcohol, Drug Abuse, and Mental Health block grant under part B of title XIX of the Public Health Service Act; 42 USC 300x. (7) provide assurances that the State educational agency will provide financial assistance under this part only to local and intermediate educational agencies and consortia which estab- lish and implement drug abuse education and prevention pro- grams in elementary and secondary schools; and (8) provide for an annual evaluation of the effectiveness of programs assisted under this part. SEC. 4124. RESPONSIBILITIES OF STATE EDUCATIONAL AGENCIES. 20 USC 4624. (a) Each State educational agency shall use a sum which shall be Grants. not less than 90 percent of the amounts available under section
100 STAT. 3207-129 PUBLIC LAW 99-570—OCT. 27, 1986 4121(b) for each fiscal year for grants to local and intermediate educational agencies and consortia in the State, in accordance with applications approved under section 4126. From such sum, the State educational agency shall distribute funds for use among areas served by local or intermediate educational agencies or consortia on the basis of the relative numbers of children in the school-age population within such areas. Any amount of the funds made available for use in any area remaining unobligated for more than one year after the funds were made available may be provided by the State educational agency to local or intermediate educational agencies or consortia having plans for programs or activities capable of using such amount on a timely basis. Ot>) Each State educational agency shall use not more than 10 percent of the amounts available under section 412103) for each fiscal year for such activities as— (1) training and technical assistance programs concerning drug abuse education and prevention for local and intermediate educational agencies, including teachers, administrators, ath- letic directors, other educational personnel, parents, local law enforcement officials, and judicial officials; (2) the development, dissemination, implementation, and evaluation of drug abuse education curricular and teaching materials for elementary and secondary schools throughout the State; (3) demonstration projects in drug abuse education and prevention; (4) special financial assistance to enhance resources available for drug abuse education and prevention in areas serving large numbers of economically disadvantaged children or sparsely populated areas, or to meet special needs; and (5) administrative costs of the State educational agency in carrjdng out its responsibilities under this part, not in excess of 2.5 percent of the amount available under section 412103). 20 u s e 4625. SEC. 4125. LOCAL DRUG ABUSE EDUCATION AND PREVENTION PRO- GRAMS. (a) Any amounts made available to local or intermediate edu- cational agencies or consortia under section 4124(a) shsill be used for drug and alcohol abuse prevention £ind education programs and activities, including— (1) the development, acquisition, and implementation of ele- mentary and secondary school drug abuse education and prevention curricula which clearly and consistently teach that illicit drug use is wrong and harmful; (2) school-based programs of drug abuse prevention and early intervention (other than treatment); (3) family drug abuse prevention programs, including edu- cation for parents to increase awareness about the symptoms and effects of drug use through the development and dissemina- tion of appropriate educational materials; (4) drug abuse prevention counseling programs (which counsel that illicit drug use is wrong and harmful) for students and parents, including professional and peer counselors and involv- ing the participation (where appropriate) of parent or other adult counselors and reformed abusers; (5) programs of drug abuse treatment and rehabilitation referral; '.'.-.•••- ,, ,
^ PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-130 (6) programs of inservice and preservice training in drug and alcohol abuse prevention for teachers, counselors, other edu- cational personnel, athletic directors, public service personnel, law enforcement officials, judicial officials, and community leaders; (7) programs in primary prevention and early intervention, such as the interdisciplinary school-team approach; (8) community education programs and other activities to involve parents and communities in the fight against drug and alcohol abuse; (9) public education programs on drug and alcohol abuse, including programs utilizing professionals and former drug and alcohol abusers; (10) on-site efforts in schools to enhance identification and discipline of drug and alcohol abusers, and to enable law enforcement officials to take necessary action in cases of drug possession and supplying of drugs and alcohol to the student population; (11) special programs and activities to prevent drug and alco- hol abuse among student athletes, involving their parents and family in such drug and alcohol abuse prevention efforts and using athletic programs and personnel in preventing drug and alcohol abuse among all students; and (12) other programs of drug and alcohol abuse education and prevention, consistent with the purposes of this part. (b) A local or intermediate educational agency or consortium may receive funds under this part for any fiscal year covered by an application under section 4126 approved by the State educational agency. SEC. 4126. LOCAL APPLICATIONS. 20 USC 4626. (a)(1) In order to be eligible to receive a grant under this part for any fiscal year, a local or intermediate educational agency or consor- tium shall submit an application to the State educational agency for approval. (2) An application under this section shall be for a period not to exceed 3 fiscal years and may be amended annually as may be necessary to reflect changes without filing a new application. Such application shall— (A) set forth a comprehensive plan for programs to be carried out by the applicant under this part; (B) contain an estimate of the cost for the establishment and operation of such programs; (C) establish or designate a local or substate regional advisory council on drug abuse education and prevention composed of individuals who are parents, teachers, officers of State and local government, medical professionals, representatives of the law enforcement community, community-based organizations, and other groups with interest and expertise in the field of drug abuse education and prevention; (D) describe the manner in which the applicant will establish, implement, or augment mandatory age-appropriate, devel- opmentally-based, drug abuse education and prevention pro- grams for students throughout all grades of the schools operated or served by the applicant (from the early childhood level through grade 12), and provide assurances that the applicant enforces related rules and regulations of student conduct;
100 STAT. 3207-131 PUBLIC LAW 99-570—OCT. 27, 1986 (E) describe the manner in which the applicant will coordi- nate its efforts under this part with other programs in the community related to drug abuse education, prevention, treat- ment, and rehabilitation; (F) provides assurances that the applicant will coordinate its efforts with appropriate State and local drug and alcohol abuse, health, and law enforcement agencies, in order to effectively conduct drug and alcohol abuse education, intervention, and referral for treatment and rehabilitation for the student population; (G) provide assurances that the Federal funds made available under this part shall be used to supplement and, to the extent practical, to increase the level of funds that would, in the absence of such Federal funds, be made available by the ap- plicant for the purposes described in this part, and in no case supplant such funds; (H) provide assurances of compliance with the provisions of this part; (I) agree to keep such records and provide such information to the State educational agency as reasonably may be required for fiscal audit and program evaluation, consistent with the respon- sibilities of the State agency under this part; and (J) include such other information and assurances as the State educational agency reasonably determines to be necessary. PART 3—NATIONAL PROGRAMS 20 u s e 4641. SEC. 4131. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION. (a)(1) From sums reserved by the Secretary under section 4112(a)(4) for the purposes of this section, the Secretary shall make grants to or enter into contracts with institutions of higher edu- cation or consortia of such institutions for drug abuse education and prevention programs under this section. (2) The Secretary shall make financial assistance available on a competitive basis under this section. An institution of higher edu- cation or consortium of such institutions which desires to receive a grant or enter into a contract under this section shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require in accordance with regulations. (3) The Secretary shall make every effort to ensure the equitable participation of private and public institutions of higher education (including community and junior colleges) and to ensure the equi- table geographic participation of such institutions. In the award of grants and contracts under this section, the Secretary shall give appropriate consideration to colleges and universities of limited enrollment. (4) Not less than 50 percent of sums available for the purposes of this section shall be used to make grants under subsection (d). (b) Training grants shall be available for— (1) preservice and inservice training and instruction of teach- ers and other personnel in the field of drug abuse education and prevention in elementary and secondary schools; (2) summer institutes and workshops in instruction in the field of drug abuse education and prevention;
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-132 ' (3) research and demonstration programs for teacher training and retraining in drug abuse education and prevention; (4) training programs for law enforcement officials, judicial officials, community leaders, parents, and government officials. (c) Grants shall be available for model demonstration programs to be coordinated with local elementary and secondary schools for the development and implementation of quality drug abuse education curricula. In the award of grants under this subsection, the Sec- retary shall give priority consideration to joint projects involving faculty of institutions of higher education and teachers in ele- mentary and secondary schools in the practical application of the findings of educational research and evaluation and the integra- tion of such research into drug abuse education and prevention programs. (d) Grants shall be available under this subsection to develop, implement, operate, and improve programs of drug abuse education and prevention (including rehabilitation referred) for students en- rolled in institutions of higher education. (e) In making grants under paragraphs (1) and (2) of subsection (b), the Secretary shall encourage projects which provide for coordi- nated and collaborative efforts between State educational agencies, local educational agencies, and regional centers established under section 4135. SEC. 4132. FEDERAL ACTIVITIES. 20 USC 4642. (a) From sums reserved by the Secretary under section 4112(aX5), the Secretary shall carry out the purposes of this section. (b) The Secretary of Education in conjunction with the Secretary of Health and Human Services shall carry out Federal education and prevention activities on drug abuse. The Secretary shall coordi- nate such drug abuse education and prevention activities with other appropriate Federal activities related to drug abuse. The Secretary shall— (1) provide information on drug abuse education and prevention to the Secretary of Health and Human Services for dissemination by the clearinghouse for alcohol and drug abuse information established under section 509 of the Public Ante, p. Health Service Act (as amended by this Act); 3207-112. (2) facilitate the utilization of appropriate means of commu- nicating to students at all educational levels about the dangers of drug use and alcohol abuse, especially involving the partici- pating of entertainment personalities and athletes who are recognizable role models for many young people; (3) develop, publicize the availability of, and widely dissemi- nate audio-visual and other curricular materials for drug abuse education and prevention programs in elementary and second- ary schools throughout the Nation; (4) provide technical assistance to State, local, and inter- mediate education agencies and consortia in the selection and implementation of drug abuse education and prevention curric- ula, approaches, and programs to address most effectively the needs of the elementary and secondary schools served by such agencies; and (5) identify research and development priorities with regard to school-based drug abuse education and prevention, particu- larly age-appropriate programs focusing on kindergarten through grade 4.
100 STAT. 3207-133 PUBLIC LAW 99-570—OCT. 27, 1986 (c) From the funds available to carry out this section, the Sec- retary shall make available $500,000 to the Secretary of Health and Human Services for the clearinghouse established under section 509 Ante, p. of the Public Health Service Act (as amended by this Act). 3207-112. (d) The Secretary of Education in conjunction with the Secretary Contracts. of Health and Human Services shall conduct, directly or by contract, Reports. a study of the nature and effectiveness of existing Federal, State, and local programs of drug abuse education and prevention and shall submit a report of the findings of such study to the President and to the appropriate committees of the Congress not later than one year after the date of the enactment of this Act. 20 u s e 4643. SEC. 4133. PROGRAMS FOR INDIAN YOUTH. Grants. (aXD From the funds reserved pursuant to section 4112(a)(2), the Secretary shall make payments and grants and enter into other financial arrangements for Indian programs in accordance with this subsection. (2) The Secretary of Education shall enter into such financial arrangements as the Secretary determines will best carry out the purposes of this title to meet the needs of Indian children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior, Such arrange- ments shall be made pursuant to an agreement between the Sec- retary of Education and the Secretary of the Interior containing such assurances and terms as they determine will best achieve the purposes of this title. Contracts. (3) The Secretary of Education may, upon request of any Indian tribe which is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Deter- 25 u s e 450 note. mination Act or under the Act of April 16,1934, enter into grants or contracts with any tribal organization of any such Indian tribe to plan, conduct, and administer programs which are authorized and consistent with the purposes of this title (particularly programs for Indian children who are school dropouts), except that such grants or contracts shall be subject to the terms and conditions of section 102 25 u s e 450f. of the Indian Self-Determination Act and shall be conducted in accordance with sections 4, 5, and 6 of the Act of April 16, 1934, which are relevant to the programs administered under this paragraph. (4) Programs funded under this subsection shall be in addition to such other programs, services, and activities as are made available to eligible Indians under other provisions of this subtitle. (b)(1) Section 304 of the Indian Elementary and Secondary School Assistance Act (20 U.S.C. 241cc) is amended by— ;, ; ; (A) striking out "and" at the end of paragraph (1); (B) striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (C) adding at the end the following new paragraph: r I, "(3) the training of counselors at schools eligible for funding under this title in counseling techniques relevant to the treat- ment of alcohol and substance abuse.'. (2) Section 423 of the Indian Education Act (20 U.S.C. 3385b) is amended— (A) in subsection (a), by inserting "clinical psychology," after "medicine,"; and (B) by adding at the end of the section the following new subsection:
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-134 "(e) Not more than 10 percent of the fellowships awarded under subsection (a) shall be awarded, on a priority basis, to persons receiving training in guidance counseling with a specialty in the area of alcohol and substance abuse counseling and education.", (3) Section 1121 of the Education Amendments of 1978 is amended 25 USC 2001. by adding at the end the following new subsection: "(i)(l) All schools funded by the Bureau of Indian Affairs shall include within their curriculum a program of instruction relating to alcohol and substance abuse prevention and treatment. The Assist- ant Secretary shall provide the technical assistance necessary to develop and implement such a program for students in kindergarten and grades 1 through 12, at the request of— "(A) any Bureau of Indian Affairs school (subject to the approval of the school board of such school); or "(B) any school board of a school operating under a contract entered into under the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 450 et seq.). "(2) In schools operated directly by the Bureau of Indian Affairs, the Secretary shall, not later than 120 days after the date of the enactment of this subsection, provide for— "(A) accurate reporting of all incidents relating to alcohol and substance abuse; and "(B) individual student crisis intervention. "(3) The programs requested under paragraph (1) shall be devel- oped in consultation with the Indian tribe that is to be served by such program and health personnel in the local community of such tribe. "(4) Schools requesting program assistance under this subsection are encouraged to involve family units and, where appropriate, tribal elders and Native healers in such instructions." (4) Section 1129 of the Educational Amendments of 1978 is 25 USC 2009. amended by adding at the end the following new subsection: "(e)(1) A financial plan under subsection (b) for a school may include, at the discretion of the local administrator and the school board of such school, a provision for a summer program of academic and support services for students of the school. Any such program may include activities related to the prevention of alcohol and substance abuse. The Assistant Secretary of Indian Affairs shall provide for the utilization of any such school facility during any summer in which such utilization is requested. "(2) Notwithstanding any other provision of law, funds authorized under the Act of April 16,1934 (25 U.S.C. 452 et seq.) and the Indian Education Act may be used to augment the services provided in each 20 USC 24laa summer program at the option, and under the control, of the tribe or note. Indian controlled school receiving such funds. "(3) The Assistant Secretary of Indian Affairs, acting through the Director of the Office of Indian Education Programs, shall provide technical assistance and coordination for any program described in paragraph (1) and shall, to the extent possible, encourage the co- ordination of such programs with any other summer programs that might benefit Indian youth, regardless of the funding source or administrative entity of any such program.". SEC. 4134. PROGRAMS FOR HAWAIIAN NATIVES. (a) From the funds reserved pursuant to section 4112(a)(3), the 20 USC 4644. Secretary shall enter into contracts with organizations primarily Contracts. serving and representing Hawaiian natives which are recognized by
100 STAT. 3207-135 PUBLIC LAW 99-570—OCT. 27, 1986 the Governor of the State of Hawaii to plan, conduct, and administer programs, or portions thereof, which are authorized by and consist- ent with the provisions of this subtitle for the benefit of Hawaiian natives. '. * (b) For the purposes of this section, the term "Hawaiian native" means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii. 20 u s e 4645. SEC. 4135. REGIONAL CENTERS. The Secretary shall use the amounts made available to carry out this section for each fiscal year to maintain 5 regional centers to— (1) train school teams to assess the scope and nature of their drug abuse and alcohol abuse problems, mobilize the commu- nity to address such problems, design appropriate curricula, identify students at highest risk and refer them to appropriate treatment, and institutionalize long term effective drug and alcohol abuse programs, including long range technical assist- ance, evaluation, and followup on such training; (2) assist State educational agencies in coordinating and strengthening drug abuse and alcohol abuse education and prevention programs; (3) assist local educational agencies and institutions of higher education in developing appropriate pre-service and in-service training programs for educational personnel; and (4) evaluate and disseminate information on effective drug abuse and alcohol abuse education and prevention programs and strategies. PART 4—GENERAL PROVISIONS 20 u s e 4661. SEC. 4141. DEFINITIONS. (a) Except as otherwise provided, the terms used in this subtitle shall have the meaning provided under section 595 of the Education 20 use 3875. Consolidation and Improvement Act of 1981. (b) For the purposes of this subtitle, the following terms have the following meanings: (1) The term "drug abuse education and prevention" means prevention, early intervention, rehabilitation referral, and edu- cation related to the abuse of alcohol and the use and abuse of controlled, illegal, addictive, or harmful substances. (2) The term "illicit drug use" means the use of illegal drugs and the abuse of other drugs and alcohol. (3) The term "Secretary ' means the Secretary of Education. (4) The term "school-age population" means the population aged five through seventeen (inclusive), as determined by the •J Secretary on the basis of the most recent satisfactory data available from the Department of Commerce. (5) The term "school dropout" means an individual aged five through eighteen who is not attending any school and who has not received a secondary school diploma or a certificate from a program of equivalencv for such a diploma. (6) The term "State' means a State, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Marina Islands, the Trust Territory of the Pacific Islands, or the Virgin Islands. (7) The terms "institution of higher education", "secondary school", and "nonprofit" have the meanings provided in section
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-136 1001 of the Elementary and Secondary Education Act of 1965 in effect prior to October 1,1981. (8) The term "consortium" (except in section 4131) means a ».•.,,. consortium of local educational agencies or of one or more ^ . intermediate educational agencies and one or more local edu- cational agencies. SEC. 4142. FUNCTIONS OF THE SECRETARY OF EDUCATION. 20 USC 4662. (a) The Secretary shall be responsible for the administration of the j., programs authorized by this subtitle. Ob) Except as otherwise provided, the General Education Provi- sions Act shall apply to programs authorized by this subtitle. 20 USC 1221. SEC. 4143. PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE 20 USC 4663. NONPROFIT SCHOOLS. (a) To the extent consistent with the number of school-age chil- State and local dren in the State or in the school attendance area of a local or governments. intermediate educational agency or consortium receiving financial assistance under part 2 who are enrolled in private nonprofit ele- mentary and secondary schools, such State, agency, or consortium shall, dfter consultation with appropriate private school representa- tives, make provision for including services and arrangements for the benefit of such children as will assure the equitable participa- tion of such children in the purposes and benefits of this subtitle. Ot>) To the extent consistent with the number of school-age chil- dren in the State or in the school attendance area of a local or intermediate educational agency or consortium receiving financial assistance under part 2 who are enrolled in private nonprofit ele- mentary and secondary schools, such State, State educational agency, or State agency for higher education shall, after consulta- tion with appropriate private school representatives, make provi- sion, for the benefit of such teachers in such schools, for such teacher training as will assure equitable participation of such teach- ers in the purposes and benefits of this subtitle. (c) If by reason of any provision of law a State, local, or intermedi- ate educational agency or consortium is prohibited from providing for the participation of children or teachers from private nonprofit schools as required by subsections (a) and Ot)) or, if the Secretary determines that a State, local, or intermediate educational agency or consortium has substantially failed or is unwilling to provide for such participation on an equitable basis, the Secretary shall waive such requirements and shall arrange for the provision of services to such children or teachers which shall be subject to the requirements of this section. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with paragraphs (3) and (4) of section 5570t)) of the Education Consolidation and Improvement Act of 1981. 20 USC 3806. SEC. 4144. MATERIALS. 20 USC 4664. Any materials produced or distributed with funds made available under this subtitle shall reflect the message that illicit drug use is wrong and harmful. The Secretary shall not review curricula and shall not promulgate regulations to carry out this subsection or subparagraph (1) or (4) of section 4125(a).
100 STAT. 3207-137 PUBLIC LAW 99-570—OCT. 27, 1986 Indian Alcohol Subtitle C—Indians and Alaska Natives and Substance Abuse SEC. 4201. SHORT TITLE. Prevention and Treatment Act of This subtitle may be cited as the "Indian Alcohol and Substance 25^USC 2401 Abuse Prevention and Treatment Act of 1986". note. PART I—GENERAL PROVISIONS 25USCprec. SEC. 4202. FINDINGS. ;^^ The Congress finds and declares that— (1) the Federal Government has a historical relationship and unique legal and moral responsibility to Indian tribes and their members, (2) included in this responsibility is the treaty, statutory, and historical obligation to assist the Indian tribes in meeting the health and social needs of their members, (3) alcoholism and alcohol and substance abuse is the most severe health and social problem facing Indian tribes and people today and nothing is more costly to Indian people than the consequences of alcohol and substance abuse measured in physical, mental, social, and economic terms, (4) alcohol and substance abuse is the leading generic risk factor among Indians, and Indians die from alcoholism at over 4 times the age-adjusted rates for the United States population and alcohol and substance misuse results in a rate of years of potential life lost nearly 5 times that of the United States, (5) 4 of the top 10 causes of death among Indians are alcohol and drug related injuries (18 percent of all deaths), chronic liver disease and cirrhosis (5 percent), suicide (3 percent), and homi- cide (3 percent), (6) primarily because deaths from unintentional injuries and violence occur disproportionately among young people, the age- specific death rate for Indians is approximately double the United States rate for the 15 to 45 age group, (7) Indians between the ages of 15 and 24 years of age are more than 2 times as likely to commit suicide as the general i- population and approximately 80 percent of those suicides are >' alcohol-related, (8) Indians between the ages of 15 and 24 years of age are twice as likely as the general population to die in automobile accidents, 75 percent of which are alcohol-related, (9) the Indian Health Service, which is charged with treat- ment and rehabilitation efforts, has directed only 1 percent of its budget for alcohol and substance abuse problems, (10) the Bureau of Indian Affairs, which has responsibility for programs in education, social services, law enforcement, and other areas, has assumed little responsibility for coordinating ^ ^ its various efforts to focus on the epidemic of alcohol and substance abuse among Indian people, (11) this lack of emphasis and priority continues despite the fact that Bureau of Indian Affairs and Indian Health Service officials publicly acknowledge that alcohol and substance abuse among Indians is the most serious health and social problem facing the Indian people, and (12) the Indian tribes have the primary responsibility for protecting and ensuring the well-being of their members and
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-138 the resources made available under this subtitle will assist Indian tribes in meeting that responsibility. SEC. 4203. PURPOSE. 25 USC 2402. It is the purpose of this subtitle to— (1) authorize and develop a comprehensive, coordinated attack upon the illegal narcotics traffic in Indian country and the deleterious impact of alcohol and substance abuse upon Indian tribes and their members, (2) provide needed direction and guidance to those Federal agencies responsible for Indian programs to identify and focus existing programs and resources, including those made avail- able by this subtitle, upon this problem, (3) provide authority and opportunities for Indian tribes to develop and implement a coordinated program for the preven- tion and treatment of alcohol and substance abuse at the local level, and (4) to modify or supplement existing programs and authorities in the areas of education, family and social services, law enforcement and judicial services, and health services to further the purposes of this subtitle. SEC. 4204. DEFINITIONS. 25 USC 2403. For purposes of this subtitle— (1) The term "agency" means the local administrative entity of the Bureau of Indian Affairs serving one or more Indian tribes within a defined geographic area. (2) The term "youth' shall have the meaning given it in any particular Tribal Action Plan adopted pursuant to section 4205, except that, for purposes of statistical reporting under this subtitle, it shall mean a person who is 19 years or younger or who is in attendance at a secondary school. (3) The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians. (4) The term "prevention and treatment" includes, as appropriate— (A) efforts to identify, and the identification of, Indians who are at risk with respect to, or who are abusers of, alcohol or controlled substances, (B) intervention into cases of on-going alcohol and sub- stance abuse to halt a further progression of such abuse, (C) prevention through education and the provision of ' alternative activities, (D) treatment for alcohol and substance abusers to help abstain from, and alleviate the effects of, abuse, (E) rehabilitation to provide on-going assistance, either on an inpatient or outpatient basis, to help Indians reform or abstain from alcohol or substance abuse, (F) follow-up or after-care to provide the appropriate counseling and assistance on an outpatient basis, and (G) referral to other sources of assistance or resources.
100 STAT. 3207-139 PUBLIC LAW 99-570—OCT. 27, 1986 (5) The term "service unit" means an administrative entity within the Indian Health Service or a tribe or tribal organiza- tion operating health care programs or facilities with funds from the Indian Health Service under the Indian Self-Deter- 25 use 450 note. mination Act through which the services are provided, directly or by contract, to the eligible Indian population within a defined geographic area. PART II—COORDINATION OF RESOURCES AND PROGRAMS 25 u s e 2411. SEC. 4205. INTER-DEPARTMENTAL MEMORANDUM OF AGREEMENT. (a) IN GENERAL.—Not later than 120 days after the date of enact- ment of this subtitle, the Secretary of the Interior and the Secretary of Health and Human Services shall develop and enter into a Memorandum of Agreement which shall, among other things— (1) determine and dejRne the scope of the problem of alcohol and substance abuse for Indian tribes and their members and its financial and human costs, and specifically identify such problems affecting Indian youth, (2) identify— (A) the resources and programs of the Bureau of Indian Affairs and Indian Health Service, and If* (B) other Federal, tribal, State and local, and private resources and programs, which would be relevant to a coordinated effort to combat alcohol and substance abuse among Indian people, including those programs and resources made available by this subtitle, (3) develop and establish appropriate minimum standards for each agency's program responsibilities under the Memorandum of Agreement which may be— (A) the existing Federal or State standards in effect, or (B) in the absence of such standards, new standards which will be developed and established in consultation with Indian tribes, (4) coordinate the Bureau of Indian Affairs and Indian Health Service alcohol and substance abuse programs existing on the date of the enactment of this subtitle with programs or efforts established by this subtitle, (5) delineate the responsibilities of the Bureau of Indian Affairs and the Indian Health Service to coordinate alcohol and substance abuse-related services at the central, area, agency, and service unit levels, (6) direct Bureau of Indian Affairs agency and education superintendents, where appropriate, and the Indian Health Service service unit directors to cooperate fully with tribal requests made pursuant to section 4206, and (7) provide for an annual review of such agreements by the Secretary of the Interior and the Secretary of Health and Human Services. Oi)) CHARACTER OF ACTIVITIES.—To the extent that there are new activities undertaken pursuant to this subtitle, those activities shall supplement, not supplant, activities, programs, and local actions that are ongoing on the date of the enactment of this subtitle. Such activities shall be undertaken in the manner least disruptive to tribal control, in accordance with the Indian Self-Determination and
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-140 Education Assistance Act (25 U.S.C. 450 et seq.), and local control, in accordance with section 1130 of the Education Amendments of 1978 (25 U.S.C. 2010). (c) CONSULTATION.—The Secretary of the Interior and the Sec- retary of Health and Human Services shall, in developing the Memorandum of Agreement under subsection (a), consult with and solicit the comments of— (1) interested Indian tribes, (2) Indian individuals, (3) Indian organizations, and (4) professionals in the treatment of alcohol and substance Federal abuse. Register, (d) PuBUCATiON.—The Memorandum of Agreement under subsec- P"o"cation. tion (a) shall be submitted to CJongress and published in the Federal Register not later than 130 days after the date of enactment of this subtitle. At the same time as publication in the Federal Register, the Secretary of the Interior shall provide a copy of this subtitle and the Memorandum of Agreement under subsection (a) to each Indian tribe. SEC. 4206. TRIBAL ACTION PLANS. 25 USC 2412. (a) I N GENERAL.—The governing body of £my Indiein tribe may, at its discretion, adopt a resolution for the establishment of a Tribal Action Plan to coordinate available resources and programs, includ- ing programs and resources made available by this subtitle, in an effort to combat alcohol and substance abuse among its members. Such resolution shall be the basis for the implementation of this subtitle and of the Memorandum of Agreement under section 4205. (b) COOPERATION.—At the request of any Indian tribe pursuant to a resolution adopted under subsection (a), the Bureau of Indian Affairs agency and education superintendents, where appropriate, and the Indian Health Service service unit director providing serv- ices to such tribe shall cooperate with the tribe in the development of a Tribal Action Plan to coordinate resources and programs rel- evant to alcohol and substance abuse prevention and treatment. Upon the development of such a plan, such superintendents and director, as directed by the Memorandum of Agreement established under section 4205, shall enter into an agreement with the tribe for the implementation of the Tribal Action Plan under subsection (a). (c) PROVISIONS.— (1) Any Tribal Action Plan entered into under subsection (b) shall provide for— (A) the establishment of a Tribal C!oordinating Committee * which shall— (i) at a minimum, have as members a tribal rep- resentative who shall serve as Chairman and the Bureau of Indian Affairs agency and education super- intendents, where appropriate, and the Indian Health Service service unit director, or their representatives, (ii) have primary responsibility for the implementa- tion of the Tribal Action Plan, (iii) have the responsibility for on-going review and evaluation of, and the making of recommendations to the tribe relating to, the Tribal Action Plan, and (iv) have the responsibility for scheduling Federal, tribal or other personnel for training in the prevention
100 STAT. 3207-141 PUBLIC LAW 99-570—OCT. 27, 1986 and treatment of alcohol and substance abuse among Indians as provided under section 4228, and (B) the incorporation of the minimum standards for those programs and services which it encompasses which shall be— (i) the Federal or State standards as provided in section 4205(a)(3), or (ii) applicable tribal standards, if such standards are no less stringent than the Federal or State standards. (2) Any Tribal Action Plan may, among other things, provide for— (A) an assessment of the scope of the problem of alcohol and substance abuse for the Indian tribe which adopted the resolution for the Plan, (2) the identification and coordination of available re- sources and programs relevant to a program of alcohol and substance abuse prevention and treatment, (3) the establishment and prioritization of goals and the efforts needed to meet those goals, and (4) the identification of the community and family roles in any of the efforts undertaken as part of the Tribal Action Plan. (d) GRANTS.—(1) The Secretary of the Interior may make grants to Indian tribes adopting a resolution pursuant to subsection (a) to provide technical assistance in the development of a Tribal Action Plan. The Secretary shall allocate funds based on need. (2) There is authorized to be appropriated not to exceed $1,000,000 for each of the fiscal year 1987, 1988, and 1989 for grants under this subsection. (e) FEDERAL ACTION.—If any Indian tribe does not adopt a resolu- tion as provided in subsection (a) within 90 days after the publica- tion of the Memorandum of Agreement in the Federal Register as provided in section 4205, the Secretary of the Interior and the Secretary of Health and Human Services shall require the Bureau of Indian Affairs agency and education superintendents, where appropriate, and the Indian Health Service service unit director serving such tribe to enter into an agreement to identify and coordinate available programs and resources to carry out the pur- poses of this subtitle for such tribe. After such an agreement has been entered into for a tribe such tribe may adopt a resolution under subsection (a). 25 u s e 2413. SEC. 4207. DEPARTMENTAL RESPONSIBILITY. (a) IMPLEMENTATION.—The Secretary of the Interior, acting through the Bureau of Indian Affairs, and the Secretary of Health and Human Services, acting through the Indian Health Service, shall bear equal responsibility for the implementation of this sub- title in cooperation with Indian tribes. (b) OFFICE OF ALCOHOL AND SUBSTANCE ABUSE.— (1) In order to better coordinate the various programs of the Bureau of Indian Affairs in carrying out this subtitle, there is - established within the Office of the Assistant Secretary of Indian Affairs an Office of Alcohol and Substance Abuse. The director of such office shall be appointed by the Assistant Secretary on a permanent basis at no less than a grade GS-15 of 5 use 5331. the General Schedule.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-142 (2) In addition to other responsibilities which may be assigned to such Office, it shall be responsible for— (A) monitoring the performance and compliance of pro- grams of the Bureau of Indian Affairs in meeting the goals and purposes of this subtitle and the Memorandum of Agreement entered into under section 4205, and (B) serving as a point of contact within the Bureau of Indian Affairs for Indian tribes and the Tribal Coordinating Committees regarding the implementation of this subtitle, the Memorandum of Agreement, and any Tribal Action Plan established under section 4206. (c) INDIAN YOUTH PROGRAMS OFFICER.— (1) There is established in the Office of Alcohol and Substance Abuse the position to be known as the Indian Youth Programs Officer. '' ^ (2) The position of Indian Youth Programs Officer shall be established on a permanent basis at no less than the grade of GS-14 of the General Schedule. 5 USC 5331. (3) In addition to other responsibilities which may be assigned ' to the Indian Youth Programs Officer relating to Indian Youth, such Officer shall be responsible for— (A) monitoring the performance and compliance of pro- ^ grams of the Bureau of Indian Affairs in meeting the goals and purposes of this subtitle and the Memorandum of Agreement entered into under section 4205 as they relate to Indian youth efforts, and (B) providing advice and recommendations, including rec- ommendations submitted by Indian tribes and Tribal Co- ordinating Committees, to the Director of the Office of Alcohol and Substance Abuse as they relate to Indian youth. SEC. 4208. CONGRESSIONAL INTENT. 25 USC 2414. It is the intent of Congress that— (1) specific Federal laws, and administrative regulations promulgated thereunder, establishing programs of the Bureau of Indian Affairs, the Indian Health Service, and other Federal agencies, and ;- f« (2) general Federal laws, including laws limiting augmenta- tion of Federal appropriations or encouraging joint or coopera- tive funding, shall be liberally construed and administered to achieve the pur- poses of this subtitle. SEC. 4209. FEDERAL FACILITIES, PROPERTY, AND EQUIPMENT. 25 USC 2415. (a) FACILITY AVAILABILITY.—In the furtherance of the purposes and goals of this subtitle, the Secretary of the Interior and the Secretary of Health and Human Services shall make available for community use, to the extent permitted by law and as may be provided in a Tribal Action Plan, local Federal facilities, property, and equipment, including school facilities. Such facility availability shall include school facilities under the Secretary of the Interior's jurisdiction: Provided, That the use of any school facilities shall be conditioned upon approval of the local school board with jurisdiction over such school. OJ) COSTS.—Any additional cost associated witn tne use of Federal facilities, property, or equipment under subsection (a) may be borne
100 STAT. 3207-143 PUBLIC LAW 99-570—OCT. 27, 1986 by the Secretary of the Interior and the Secretary of Health and Human Services out of available Federal, tribal, State, local, or private funds, if not otherwise prohibited by law. This subsection does not require the Secretary of the Interior nor the Secretary of Health and Human Services to expend additional funds to meet the additional costs which may be associated with the provision of such facilities, property, or equipment for community use. Where the use of Federal facilities, property, or equipment under subsection (a) furthers the purposes and goals of this subtitle, the use of funds other than those funds appropriated to the Department of the Interior or the Department of Health and Human Services to meet the additional costs associated with such use shall not constitute an augmentation of Federal appropriations. ^ .; .- t 25 use 2416. SEC. 4210. NEWSLETTER. The Secretary of the Interior shall, not later than 120 days after the date of the enactment of this subtitle, publish an alcohol and 8Rd D<sU substance abuse newsletter in cooperation with the Secretary of Health and Human Services and the Secretary of Education to report on Indian alcohol and substance abuse projects and programs. The newsletter shall— (1) be published once in each calendar quarter, f3 (2) include reviews of programs determined by the Secretary i of the Interior to be exemplary and provide sufficient informa- tion to enable interested persons to obtain further information about such programs, and (3) be circulated without charge to— (A) schools, ^ . . , • ' . , (B) tribal offices, •;^'*>nj. . (C) Bureau of Indian Affairs' agency and area offices, (D) Indian Health Service area and service unit offices, (E) Indian Health Service alcohol programs, and 'cm oe^. (F) other entities providing alcohol and substance abuse related services or resources to Indian people. ; PART III—INDIAN YOUTH PROGRAMS 25 use 2431. SEC. 4211. REVIEW OF PROGRAMS. State and local (a) REVIEW.—In the development of the Memorandum of Agree- governments. ment required by section 4205, the Secretary of the Interior and the Secretary of Health and Human Services, in cooperation with the Secretary of Education shall review and consider— (1) Federal programs providing education services or benefits /iii: :P ; i-': to Indian children, ,j. (2) tribal. State, local, and private educational resources and r. programs, •~,, (3) Federal programs providing family and socisd services and g^ benefits for Indian families and children, ^v (4) Federal programs relating to youth emplojrment, recre- V ation, cultural, and community activities, and £* (5) tribal. State, local, and private resources for programs similar to those cited in paragraphs (3) and (4), to determine their applicability and relevance in canying out the purposes of this subtitle. Ot>) PuBUCATiON.—The results of the review conducted under subsection (a) shall be provided to each Indian tribe as soon as
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-144 possible for their consideration and use in the development or modification of a Tribal Action Plan under section 4206. SEC. 4212. INDIAN EDUCATION PROGRAMS. 25 USC 2432. (a) PILOT PROGRAMS.—The Assistant Secretary of Indian Affairs shall develop and implement pilot programs in selected schools funded by the Bureau of Indian Affairs (subject to the approval of the local school board or contract school board) to determine the effectiveness of summer youth programs in furthering the purposes and goals of the Indian Alcohol and Substance Abuse Prevention Act of 1986. The Assistant Secretary shall defray all costs associated with the actual operation and support of the pilot programs in the school from funds appropriated for this section. For the pilot pro- grams there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1987,1988, and 1989. (b) USE OF FUNDS.—Federal financial assistance made available to public or private schools because of the enrollment of Indian chil- dren pursuant to— (1) the Act of April 16, 1934, as amended by the Indian Education Assistance Act (25 U.S.C. 452 et seq.), (2) the Indian Elementary and Secondary School Assistance Act (20 U.S.C. 241aa et seq.), and (3) the Indian Education Act (20 U.S.C. 3385), may be used to support a program of instruction relating to alcohol and substance abuse prevention and treatment. SEC. 4213. EMERGENCY SHELTERS. 25 USC 2433. (a) IN GENERAL.—A Tribal Action Plan adopted pursuant to sec- tion 4206 may make such provisions as may be necessary and practical for the establishment, funding, licensing, and operation of emergency shelters or half-way houses for Indian youth who are alcohol or substance abusers, including youth who have been arrested for offenses directly or indirectly related to alcohol or substance abuse. (b) REFERRALS.— (1) In any case where an Indian youth is arrested or detained by the Bureau of Indian Affairs or tribal law enforcement personnel for an offense relating to alcohol or substance abuse, other than for a status offense £is defined by the Juvenile Justice and Delinquency Prevention Act of 1974, under cir- 42 USC 5601 cumstances where such youth may not be immediately restored note, to the custody of his parents or guardians and where there is space available in an appropriately licensed and supervised emergency shelter or half-way house, such youth shall be re- ferred to such facility in lieu of incarceration in a secured facility unless such youth is deemed a danger to himself or to other persons. K. (2) In any case where there is a space available in an appro- priately licensed and supervised emergency shelter or half-way house, the Bureau of Indian Affairs and tribal courts are encouraged to refer Indian youth convicted of offenses directly or indirectly related to alcohol and substance abuse to such '" facilities in lieu of sentencing to incarceration in a secured juvenile facility. (c) DIRECTION TO STATES.—In the case of any State that exercises criminal jurisdiction over any part of Indian country under section 1162 of title 18 of the United States Code or section 401 of the Act of
100 STAT. 3207-145 PUBLIC LAW 9 9 - 5 7 0 - O C T . 27, 1986 April 11,1968 (25 U.S.C. 1321), such State is urged to require its law enforcement officers to— (1) place any Indian youth arrested for any offense related to alcohol or substance abuse in a temporary emergency shelter described in subsection (d) or a community-based alcohol or f substance abuse treatment facility in lieu of incarceration to * the extent such facilities are available, and (2) observe the standards promulgated under subsection (d). (d) STANDARDS.—The Assistant Secretary of Indian Affairs shall, as part of the development of the Memorandum of Agreement set out in section 4205, promulgate standards by which the emergency shelters established under a program pursuant to subsection (a) shall be established and operated. (e) AUTHORIZATION.—For the planning and design, construction, and renovation of emergency shelters or half-way houses to provide emergency care for Indian youth, there is authorized to be appro- priated $5,000,000 for each of the fiscal years 1987, 1988, and 1989. For the operation of emergency shelters or half-way houses there is authorized to be appropriated $3,000,000 for each of the fiscal years 1987, 1988, and 1989. The Secretary of the Interior shall allocate funds appropriated pursuant to this subsection on the basis of priority of need of the various Indian tribes and such funds, when allocated, shall be subject to contracting pursuant to the Indian Self- 25 use 450 note. Determination Act. -• - 25 u s e 2434. SEC. 4214. SOCIAL SERVICES REPORTS. (a) DATA.—The Secretary of the Interior, with respect to the administration of any family or socied services program by the Bureau of Indian Affairs directly or through contracts under the Indian Self-Determination Act, shall require the compilation of data relating to the number and types of child abuse and neglect cases seen and the type of assistance provided. Additionally, such data should also be categorized to reflect those cases that involve, or appear to involve, alcohol and substance abuse, those cases which are recurring, and those cases which involve other minor siblings. 0?) REFERRAL OF DATA.—The data compiled pursuant to subsection (a) shall be provided annually to the affected Indian tribe and Tribal Coordinating Committee to assist them in developing or modif)dng a .. : Tribal Action Plan and shall also be submitted to the Indian Health Service service unit director who will have responsibility for compil- ing a tribal comprehensive report as provided in section 4230. (c) CONFIDENTIALITY.—In carrying out the requirements of subsec- tions (a) and (\>), the Secretary shall insure that the data is compiled and reported in a manner which will preserve the confidentiality of the families and individuals. >. v . PART IV—LAW ENFORCEMENT AND JUDICIAL ;;. ^,w,,.^, :., SERVICES ._,:, .,.,. _^_, 25 u s e 2441. SEC. 4215. REVIEW OF PROGRAMS. (a) LAW ENFORCEMENT AND JUDICIAL SERVICES.—In the develop- ment of the Memorandum of Agreement required by section 4205, the Secretary of the Interior and the Secretary of Health and Human Services, in cooperation with the Attorney General of the United States, shall review and consider—
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-146 (1) the various programs established by Federal law providing law enforcement or judicial services for Indian tribes, and (2) tribal and State and local law enforcement and judicial programs and systems to determine their applicability and relevance in carrying out the purposes of this subtitle. (b) DISSEMINATION OF REVIEW.—The results of the review con- ducted pursuant to subsection (a) shall be made available to every Indian tribe as soon as possible for their consideration and use in the development and modification of a Tribal Action Plan. SEC. 4216. ILLEGAL NARCOTICS TRAFFIC ON THE PAPAGO RESERVATION: 25 USC 2442. SOURCE ERADICATION (a)(1) INVESTIGATION AND CONTROL.—The Secretary of the Interior shall provide assistance to the Papago Indian Tribe (Tohono O'odham) of Arizona for the investigation and control of illegal narcotics traffic on the Papago Reservation along the border with Mexico. The Secretary shall ensure that tribal efforts are coordi- nated with appropriate Federal law enforcement agencies, includ- ing the United States Customs Service. (2) AUTHORIZATIONS.—For the purpose of providing the assistance required by subsection (a), there is authorized to be appropriated $500,000 for each of the fiscal years 1987,1988, and 1989. 03)(1) MARIJUANA ERADICATION.—The Secretary of the Interior, in cooperation with appropriate Federal, tribal, and State and local law enforcement agencies, shall establish and implement a program for the eradication of marijuana cultivation within Indian country as defined in section 1152 of title 18, United States Code. The Secretary shall establish a priority for the use of funds appropriated under subsection (b) for those Indian reservations where the scope of ,, the problem is most critical, and such funds shall be available for contracting by Indian tribes pursuant to the Indian Self-Determina- tion Act. 25 USC 450 note. (2) AUTHORIZATIONS.—To carry out subsection (a), there is au- thorized to be appropriated such sums as may be necessary for each of the fiscal years 1987,1988, and 1989. H -^ > gt PART V—BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT SEC. 4217. TRIBAL COURTS, SENTENCING AND FINES. To enhance the ability of tribal governments to prevent and penalize the traffic of illegal narcotics on Indian reservations, para- graph (7) of section 202 of the Act of April 11,1969 (25 U.S.C. 1302) is amended by striking out "for a term of six months and a fine of $500, or both" and inserting in lieu thereof "for a term of one year and a fine of $5,000, or both". SEC. 4218. BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT AND 25 USC 2451. JUDICIAL TRAINING. (a) IN GENERAL.—The Secretary of the Interior shall ensure, through the establishment of a new training program or through the supplement of existing training programs, that all Bureau of Indian Affairs and tribal law enforcement and judicial personnel shall have available training in the investigation and prosecution of offenses relating to illegal narcotics and in alcohol and substance
100 STAT. 3207-147 PUBLIC LAW 99-570—OCT. 27, 1986 abuse prevention and treatment. Any training provided to Bureau of Indian Affairs and tribal law enforcement and judicial personnel as provided in subsection (a) shall specifically include training in the problems of youth alcohol and substance abuse prevention and treatment. Such training shall be coordinated with the Indian Health Service in the carrying out of its responsibilities under section 4228. (b) AUTHORIZATION.—For the purpose of providing the training required by subsection (a), there are authorized to be appropriated $1,500,000 for each of the fiscal years 1987, 1988, and 1989. 25 use 2452. SEC. 4219. MEDICAL ASSESSMENT AND TREATMENT OV JUVENILE OP^FENDERS. The Memorandum of Agreement entered into pursuant to section 4205 shall include a specific provision for the development and implementation at each Bureau of Indian Affair agency and Indian Health Service unit of a procedure for the emergency medical assessment and treatment of every Indian youth arrested or de- tained by Bureau of Indian Affairs or tribal law enforcement person- nel for an offense relating to or involving alcohol or substance abuse. The medical assessment required by this subsection— (1) shall be conducted to determine the mental or physical state of the individual assessed so that appropriate steps can be taken to protect the individual's health and well-being, (2) shall occur as soon as possible after the arrest or detention of an Indian youth, and (3) shall be provided by the Indian Health Service, either through its direct or contract health service. ; . ,- 25 use 2453. SEC. 4220. JUVENILE DETENTION CENTERS. (a) PLAN.—The Secretary of the Interior shall construct or ren- ovate and staff new or existing juvenile detention centers. The Secretary shall ensure that the construction and operation of the centers is consistent with the Juvenile Justice and Delinquency 42 use 5601 Prevention Act of 1974. note. (b) AUTHORIZATION.—For the purpose of subsection (a), there is authorized to be appropriated $10,000,000 for construction and ren- ovation for each of the fiscal years 1987, 1988, and 1989, and $5,000,000 for staffing and operation for each of the fiscal years 1987, 1988, and 1989. 25 use 2454. SEC. 4221. MODEL INDIAN JUVENILE CODE. eontracts. The Secretary of the Interior, either directly or by contract, shall provide for the development of a Model Indian Juvenile Code which shall be consistent with the Juvenile Justice and Delinquency 42 use 5601 Prevention Act of 1974 and which shall include provisions relating note. to the disposition of cases involving Indian youth arrested or de- tained by Bureau of Indian Affairs or tribal law enforcement person- nel for alcohol or drug related offenses. The development of such model code shall be accomplished in cooperation with Indian organizations having an expertise or knowledge in the field of law enforcement and judicial procedure and in consultation with Indian tribes. Upon completion of the Model Code, the Secretary shall make copies available to each Indian tribe.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-148 SEC. 4222. LAW ENFORCEMENT AND JUDICIAL REPORT. 25 USC 2455. (a) COMPILATION OF LAW ENFORCEMENT DATA.—The Secretary of Contracts, the Interior, with respect to the administration of any law enforce- ment or judicial services program by the Bureau of Indian Affairs, either directly or through contracts under the Indian Self-Deter- mination Act, shall require the compilation of data relating to calls 25 USC 450 note. and encounters, arrests and detentions, and disposition of cases by Bureau of Indian Affairs or tribal law enforcement or judicial personnel involving Indians where it is determined that alcohol or ' ' " ' "-"^ substance abuse is a contributing factor. (b) REFERRAL OF DATA.—The data compiled pursuant to subsection (a) shall be provided annually to the affected Indian tribe and Tribal Coordinating Committee to assist them in developing or modifying a Tribal Action Plan and shall also be submitted to the Indian Health Service unit director who will have the responsibility for compiling a tribal comprehensive report as provided in section 4230. (c) CONFIDENTIALITY.—In carrying out this section, the Secretary shall insure that the data is compiled and reported in a manner which will preserve the confidentiality of the families and individ- uals involved. PART VI—INDIAN ALCOHOL AND SUBSTANCE ABUSE TREATMENT AND REHABILITATION SEC. 4224. REVIEW OF PROGRAMS. 25 USC 2471. (a) I N GENERAL.—In the development of the Memorandum of Agreement required by section 4205, the Secretary of the Interior and the Secretary of Health and Human Services shall review and consider— (1) the various programs established by Federal law providing health services and benefits to Indian tribes, including those relating to mental health and alcohol and substance abuse prevention and treatment, and (2) tribal. State and local, and private health resources and programs, (3) where facilities to provide such treatment are or should be located, and (4) the effectiveness of public and private alcohol and sub- stance abuse treatment programs in operation on the date of the enactment of this subtitle, to determine their applicability and relevance in carrying out the purposes of this subtitle. 03) DISSEMINATION.—The results of the review conducted under subsection (a) shall be provided to every Indian tribe as soon as possible for their consideration and use in the development or modification of a Tribal Action Plan. SEC. 4225. INDIAN HEALTH SERVICE RESPONSIBILITIES. 25 USC 2472. The Memorandum of Agreement entered into pursuant to section 4205 shall include specific provisions pursuant to which the Indian Health Service shall assume responsibility for— (1) the determination of the scope of the problem of alcohol and substance abuse among Indian people, including the number of Indians within the jurisdiction of the Indian Health Service who are directly or indirectly affected by alcohol and substance abuse and the financial and human cost.
100 STAT. 3207-149 PUBLIC LAW 99-570—OCT. 27, 1986 '•• (2) an assessment of the existing and needed resources nec- . - .»' essary for the prevention of alcohol and substance abuse and the treatment of Indians affected by alcohol and substance abuse, and (3) an estimate of the funding necessary to adequately support sjct ; in. a program of prevention of alcohol and substance abuse and treatment of Indians affected by alcohol and substance abuse. 25 u s e 2473. SEC. 4226. INDIAN HEALTH SERVICE PROGRAM. The Secretary of Health and Human Services, acting through the Indian Health Service, shall provide a program of comprehensive alcohol and substance abuse prevention and treatment which shall include— (1) prevention, through educational intervention, in Indian communities, (2) acute detoxification and treatment, ^ (3) community-based rehabilitation, and (4) community education and involvement, including exten- sive training of health care, educational, and community-based personnel. The target population of such a program shall be the members of Indian tribes. Additionally, efforts to train and educate key mem- bers of the Indian community shall target employees of health, education, judicial, law enforcement, legal, and social service V- - programs. 25 u s e 2474. SEC. 4227. INDIAN HEALTH SERVICE YOUTH PROGRAM. (a) DETOXIFICATION AND REHABILITATION.—The Secretary shall develop and implement a program for acute detoxification and treatment for Indian youth who are alcohol and substance abusers. The program shall include regional treatment centers designed to include detoxification and rehabilitation for both sexes on a referral basis. These regional centers shall be integrated with the intake and rehabilitation programs based in the referring Indian community. (b) CENTERS.—The Secretary shall construct or renovate a youth regional treatment center in each area under the jurisdiction of an Indian Health Service area office. For purposes of the preceding sentence, the area offices of the Indian Health Service in Tucson and Phoenix, Arizona, shall be considered one area office. The regional treatment centers shall be appropriately staffed with health professionals. There are authorized to be appropriated $6,000,000 for the construction and renovation of the regional youth treatment centers, and $3,000,000 for the staffing of such centers, for each of the fiscal years 1987,1988, and 1989. (c) FEDERALLY OWNED STRUCTURES.— (1) The Secretary of Health and Human Services, acting through the Indian Health Service, shall, in consultation with - • " *^ Indian tribes— (A) identify and use, where appropriate, federally owned structures, suitable as local residential or regional alcohol and substance abuse treatment centers for Indian youth, and (B) establish guidelines for determining the suitability of any such federally owned structure to be used as a local ^ residential or regional alcohol and substance abuse treat- ment center for Indian youth.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-150 (2) Any structure described in paragraph (1) may be used under such terms and conditions as may be agreed upon by the Secretary of Health and Human Services and the agency having responsibility for the structure. (3) There are authorized to be appropriated $3,000,000 for each of the fiscal years 1987,1988, and 1989. (d) REHABILITATION AND FOLLOW-UP SERVICES.— : ^ai n (1) The Secretary, in cooperation with the Secretary of the Interior, shall develop and implement within each Indian Health Service service unit community-based rehabilitation and follow-up services for Indian youth who are alcohol or substance abusers which are designed to integrate long-term treatment and to monitor and support the Indian youth after their return to their home community. (2) Services under paragraph (1) shall be administered within each service unit by trained staff within the community who can assist the Indian youth in continuing development of self- image, positive problem-solving skills, and nonalcohol or sub- stance abusing behaviors. Such staff shall include alcohol and substance abuse counselors, mental health professionals, and other health professionals and paraprofessionals, including community health representatives. -: :, ^^ (3) For the purpose of providing the services authorized by ""• paragraph (1), there are authorized to be appropriated $9,000,000 for each of the fiscal years 1987, 1988, and 1989. SEC. 4228. TRAINING AND COMMUNITY EDUCATION. 25 USC 2475. (a) COMMUNITY EDUCATION.—The Secretary, in cooperation with the Secretary of the Interior, shall develop and implement within each service unit a program of community education and involve- ,, ment which shall be designed to provide concise and timely informa- tion to the community leadership of each tribal community. Such program shall include education in alcohol and substance abuse to the critical core of each tribal community, including political lead- ers, tribal judges, law enforcement personnel, members of tribal health and education boards, and other critical parties. (b) TRAINING.—The Secretary of Health and Human Services Contracts, shall, either directly or through contract, provide instruction in the area of alcohol and substance abuse, including instruction in crisis intervention and family relations in the context of alcohol and substance abuse, youth alcohol and substance abuse, and the causes and effects of fetal alcohol syndrome to appropriate employees of the Bureau of Indian Affairs and the Indian Health Services, and person- nel in schools or programs operated under any contract with the Bureau of Indian Affairs or the Indian Health Service, including supervisors of emergency shelters and half-way houses described in section 4213. (c)(1) DEMONSTRATION PROGRAM.—The Secretary of Health and Human Services shall establish at least one demonstration project to determine the most effective and cost-efficient means of— (A) providing health promotion and disease prevention serv- ices, (B) encouraging Indians to adopt good health habits, (C) reducing health risks to Indians, particularly the risks of heart disesise, cancer, stroke, diabetes, depression, and lifestyle- related accidents,
100 STAT. 3207-151 PUBLIC LAW 99-570—OCT. 27, 1986 s. .. (D) reducing medical expenses of Indians through health promotion and disease prevention activities, (E) establishing a program— (i) which trains Indians in the provision of health pro- jt t motion and disease prevention services to members of their tribe, and Contracts. (ii) under which such Indians are available on a contract 3{{ basis to provide such services to other tribes, and (F) providing training and continuing education to employees of the service, and to paraprofessionals participating in the Community Health Representative Program, in the delivery of health promotion and disease prevention services. (2) The demonstration project described in paragraph (1) shall include an analysis of the cost effectiveness of organizational struc- tures and of social and educational programs that may be useful in achieving the objectives described in paragraph (1). (3)(A) The demonstration project described in paragraph (1) shall be conducted in association with at least one— r (i) health profession school, (ii) allied health profession or nurse training institution, or (iii) public or private entity that provides health care. Contracts. (B) The Secretary is authorized to enter into contracts with, or Grants. make grants to, any school of medicine or school of osteopathy for the purpose of carrying out the demonstration project described in paragraph (1). . . -^-,-. (C) For purposes of this paragraph, the term "school of medicine" and "school of osteopathy" have the respective meaning given to such terms by section 701(4) of the Public Health Service Act (42 U.S.C. 292a(4)). Reports. (4) The Secretary shall submit to Congress a final report on the demonstration project described in paragraph (1) within 60 days after the termination of such project. (5) For purposes of this paragraph, the term "health promotion" shall include: (A) reduction in the misuse of alcohol and drugs, , (B) cessation of tobacco smoking, •mim:im/j (C) improvement of nutrition, £ (D) improvement in physical fitness, B (E) family planning, and * (F) control of stress. (6) For purposes of this paragraph, the term "disease prevention" shall include: (A) immunizations, (B) control of high blood pressure, 52 (C) control of sexually transmittable diseases, i"- (D) prevention and control of diabetes, (E) pregnancy and infant care (including prevention of fetal fc alcohol syndrome), Tt>-- (F) control of toxic agents, ,. , , , ^ (G) occupational safety and health, / , ' , t' -vi*s (H) accident prevention, .,. V^^ ^"^ (I) fluoridation of water, and (J) control of infectious agents. (7) Section 4228 is amended by adding at the end the following: "Provided, That $500,000 shall be made available for activities described under section 4228(cXl)".
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-152 (d) AUTHORIZATION.—There are authorized to be appropriated $4,000,000 for the fiscal year 1987 and such sums as are necessary to carry out the purposes of this section for the fiscal years 1988 and 1989. SEC. 4229. NAVAJO ALCOHOL REHABILITATION DEMONSTRATION 25 u s e 2476. PROGRAM. (a) DEMONSTRATION PROGRAM.—The Secretary of Health and Grants. Human Services shall make grants to the Navajo tribe to establish a demonstration program in the city of Gallup, New Mexico, to re- habilitate adult Navajo Indians suffering from alcoholism or alcohol abuse. (b) EVALUATION AND REPORT.—The Secretary, acting through the National Institute on Alcohol Abuse and Alcoholism, shall evaluate the program established under subsection (a) and submit a report on such evaluation to the appropriate committees of Congress by Janu- ary 1,1990. (c) AUTHORIZATION.—There are authorized to be appropriated for the purposes of grants under subsection (a) $300,000 for each of the fiscal years 1988, 1989, and 1990. Not more than 10 percent of the funds appropriated for any fiscal year may be used for administra- tive purposes. SEC. 4230. INDIAN HEALTH SERVICE REPORTS. 25 u s e 2477. Contracts. (a) COMPILATION OF DATA.—The Secretary of Health and Human Services, with respect to the administration of any health program by an Indian Health Service service unit, directly or through con- tract, including a contract under the Indian Self-Determination Act, 25 u s e 450 note. shall require the compilation of data relating to the number of cases or incidents which any of the Indian Health Service personnel or services were involved and which were related, either directly or indirectly, to alcohol or substance abuse. Such report shall include the type of assistance provided and the disposition of these cases. (b) REFERRAL OF DATA.—The data compiled under subsection {&f shall be provided annually to the affected Indian tribe and Tribal Coordinating Committee to assist them in developing or modifying a Tribal Action Plan. (c) COMPREHENSIVE REPORT.—Each Indian Health Service service unit director shall be responsible for assembling the data compiled under this section and section 4204 into an annual tribal com- prehensive report which shall be provided to the affected tribe and to the Director of the Indian Health Service who shall develop and publish a biennial national report on such tribal comprehensive reports. Subtitle D—Miscellaneous Provisions SEC. 4301. ACTION GRANTS. The Domestic Volunteer Service Act of 1973 (as amended by the 42 u s e 4951 Domestic Volunteer Service Act Amendments of 1986) is amended— note. (1) in title I by adding after section 123 the following new 42 u s e 4950 ' '"' section: note. "SPECIAL INITIATIVES "SEC. 124. The Director is authorized to engage in activities that Voluntarism. mobilize and initiate private sector efforts to increase voluntarism 42 u s e 4994. in preventing drug abuse through public awareness and education (including grants, contracts, conferences, public service announce-
100 STAT. 3207-153 PUBLIC LAW 99-570—OCT. 27, 1986 ments, speakers bureau, public-private partnerships and technical assistance to nonprofit and for-profit organizations)."; 42 use 5081. (2) by amending subsection (c) of section 501 by adding at the end thereof the following new sentence: "In addition to the amounts authorized to be appropriated by the preceding sen- tence, there is authorized to be appropriated the aggregate sum of $5,500,000 for fiscal years 1987 and 1988 to be made available for drug abuse prevention."; and 42 use 5084. (3) by amending section 504 by adding at the end thereof the following new sentence: "In addition to the amounts authorized to be appropriated for the administration of this Act by the preceding sentence, there is authorized to be appropriated the aggregate sum of $500,000 for fiscal years 1987 and 1988 to be available for support of drug abuse prevention.". 20 u s e 4665. SEC. 4302. ESTABLISHMENT OF NATIONAL TRUST FOR DRUG-FREE YOUTH. (a) In order to encourage private gifts of real and personal prop- erty to assist the Secretary of Education in carrying out the national programs of drug abuse research, education, and prevention under subtitle B, there is hereby established a charitable, nonprofit, and nonpartisan corporation to be known as the National Trust for Drug- Free Youth. (b) The National Trust for Drug-Free Youth (hereinafter in this section referred to as the "National Trust") shall be under the general direction of a Board of Directors. The overall priorities, policies, and goals of the National Trust shall be determined by the •}ab( Board in consultation with the Secretary. The Board shall coordi- nate the activities of the National Trust for Drug-Free Youth with the Secretary. The Board shall be composed of three members appointed as follows: (1) one member shall be appointed by the President; (2) one member shall be appointed by the Speaker of the House of Representatives; and ' (3) one member shall be appointed by the Majority Leader of the Senate. (c) The National Trust shall have its principal office in the District of Columbia and for the purposes of venue in civil actions shall be considered an inhabitant and resident of the District. (d) The National Trust shall have the following general powers: (1) to have succession until dissolved by Act of Congress, in which event title to the properties of the National Trust, both '^ real and personal shall, insofar as consistent with existing contractual obligations and subject to all other legally enforce- able claims or demands by or against the National Trust, pass to and become vested in the United States of America; (2) to adopt, alter, and use a corporate seal which shall be c. judicially noticed; (3) to sue and be sued, complain and defend in any court of V competent jurisdiction; ' (4) to adopt and establish such bylaws, rules, and regulations, not inconsistent with the laws of the United States or of any State, as the Board considers necessary for the administration '. of its functions, including among other matter, bylaws, rules, and regulations governing administration of corporate funds; (5) to accept, hold, and administer gifts and bequests of money, securities, or other personal property of whatsoever
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-154 ' character, absolutely or on trust, for the purposes for which the National Trust is created; (6) to sell, exchange, or otherwise dispose of as it may deter- mine from time to time the moneys, securities, or other gifts given or bequeathed to it; i •. , (7) to appoint and prescribe the duties of such officers, agents, and employees as may be necessary to carry out its functions, ' and to fix and pay such compensation to them for their services as the National Trust is created; and (8) to audit the financial records of the corporation. (e) The National Trust shall not have authority— (1) to issue shares or stock or declare or pay dividends; or (2) to loan funds to its officers or directors. (f) The Board shall submit an annual report and independent Reports, audit to the Congress and the President concerning the expenditure of funds under the National Trust. SEC. 4303. INFORMATION ON DRUG ABUSE AT THE WORKPLACE- 21 USC 801 note. (a) The Secretary of Labor shall collect such information as is available on the incidence of drug abuse in the workplace and efforts to assist workers, including counseling, rehabilitation and employee assistance programs. The Secretary shall conduct such additional research as is necessary to assess the impact and extent of drug abuse and remediation efforts. The Secretary shall submit the findings of such collection and research to the House Committee on Education and Labor and the Senate Committee on Labor and Human Services no later than two years from the date of enactment of this Act. (b) There is authorized to be appropriated the aggregate sum of $3,000,000 for fiscal years 1987 and 1988, to remain available until expended, to enable the Secretary of Labor to carry out the purposes of this section. SEC. 4304. INTERAGENCY COORDINATION. 2i USC 801 note. (a) The Secretary of Education, the Secretary of Health and Human Services, and the Secretary of Labor shall each designate an officer or employee of the Departments of Education, Health and Human Services, and Labor, respectively, to coordinate interagency drug abuse prevention activities to prevent duplication of effort. (b) Within one year after enactment of this Act, a report shall be Reports, jointly submitted to the Congress by such Secretaries concerning the extent to which States and localities have been able to implement non-duplicative drug abuse prevention activities. TITLE V—UNITED STATES INSULAR AREAS AND NATIONAL PARKS Subtitle A—Programs in United States Insular Areas United States Insular Areas SEC. 5001. SHORT TITLE. Drug Abuse Act of 1986. This subtitle may be cited as the "United States Insular Areas 48 USC 1494 Drug Abuse Act of 1986". note. SEC. 5002. PURPOSES. 48 USC 1494. The purposes of this subtitle are to improve enforcement of drug laws and enhance interdiction of illicit drug shipments in the Caribbean and Pacific territories and commonwealths of the United
100 STAT. 3207-155 PUBLIC LAW 99-570—OCT. 27, 1986 States and to assist public and private sector drug abuse prevention and treatment programs in United States insular areas, 48 u s e 1494a. SEC. 5003. ANNUAL REPORTS TO CONGRESS. President of U.S. The President shall report annually to the Congress as to— (1) the efforts and success of Federal agencies in preventing the illegal entry into the United States of controlled substances from the insular areas of the United States outside the customs territory of the United States and states freely associated with the United States and the nature and extent of such illegal entry, and (2) the efforts and success of Federal agencies in preventing the illegal entry from other nations, including states freely associated with the United States, of controlled substances into ji;. the United States territories and the commonwealths for use in the territories and commonwealths or for transshipment to the ,3to« United States and the nature and extent of such illegal entry and use. 48 u s e 1494b. SEC. 5004. ENFORCEMENT AND ADMINISTRATION IN INSULAR AREAS. (a) AMERICAN SAMOA.—(1) With the approval of the Attorney General of the United States or his designee, law enforcement officers of the Government of American Samoa are authorized to— (A) execute and serve warrants, subpoenas, and summons issued under the authority of the United States; (B) make arrests without warrant; and (C) make seizures of property to carry out the purposes of this subtitle, the Controlled Substances Import and Export Act (21 U.S.C. 951-970), and any other applicable narcotics laws of the United States. (2) The Attorney General and the Secretary of Health and Human Services of the United States are authorized to— (A) train law enforcement officers of the Government of American Samoa, and r-G (B) provide by purchase or lease law enforcement equipment and technical assistance to the Government of American Samoa to carry out the purposes of this subtitle and any other Federal or territorial drug abuse laws. (3) There are authorized to be appropriated $700,000 to carry out the purposes of this subsection, to remain available until expended. (b) GUAM.—(1) The Attorney General and the Secretary of Health and Human Services of the United States may provide technical assistance and equipment to the Government of Guam to carry out the purposes of this subtitle and any other Federal or territorial drug abuse law. (2) There are authorized to be appropriated $1,000,000 to carry out paragraph (1). Funds appropriated under this paragraph shall remain available until expended. (c) THE NORTHERN MARIANA ISLANDS.—(1) With the approval of the Attorney General of the United States or his designee, law enforcement officers of the Government of the Northern Mariana Islands are authorized to— (A) execute and serve warrants, subpoenas, and summons \ *.'i-.' issued under the authority of the United States; (B) make arrests without warrant; and (C) make seizures of property to carry out the purposes of this ,-. subtitle, the Controlled Substances Import and Export Act (21
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-156 U.S.C. 951-970), and any other applicable narcotics laws of the United States. (2) The Attorney General of the United States and the Secretary Northern of Health and Human Services, as appropriate, are authorized to— Mariana Islands. (A) train law enforcement officers of the Government of the Northern Mariana Islands, and (B) provide, by purchase or lease, law enforcement equipment and technical assistance to the Government of the Northern Mariana Islands to carry out the purposes of this subtitle and any other Federal or commonwealth drug abuse law. (3) There are authorized to be appropriated $250,000 to carry out the purposes of this subsection, to remain available until expended. (4) Federal personnel and equipment assigned to Guam pursuant to subsection (b) of this section shall also be available to carry out the purposes of this subtitle in the Northern Mariana Islands. (d) PUERTO RICO.—(1) There are authorized to be appropriated for Grants. grants to the Government of Puerto Rico— (A) $3,300,000 for the purchase of 2 helicopters; (B) $3,500,000 for the purchase of an aircraft; and (C) $1,000,000 for the purchase and maintenance of 5 high- speed vessels. Sums appropriated under this paragraph shall remain available until expended. (2) The United States Customs Service should station an aerostat in Puerto Rico. (3) Equipment provided to the Government of Puerto Rico pursu- ant to paragraph (1) of this subsection shall be made available upon request to the Federal agencies involved in drug interdiction in ^'i)8T:j80S Puerto Rico. (4)(A) The Attorney General and the Secretary of Health and Human Services of the United States may provide technical assist- ance and equipment to the Government of Puerto Rico to carry out the purposes of this subtitle and any other Federal or common- wealth drug abuse law. (B) There are authorized to be appropriated such sums as may be necessary to carry out subparagraph (A). Funds appropriated under this subparagraph shall remain available until expended. (e) THE VIRGIN ISLANDS.—(1) There are authorized to be appro- Grants. priated for grants to the Government of the Virgin Islands— (A) $3,000,000 for 2 patrol vessels, tracking equipment, sup- plies, and agents, and (B) $1,000,000 for programs to prevent and treat narcotics abuse, such sums to remain available until expended. ;«H (2) The United States Coast Guard should station a patrol vessel in St. Croix, Virgin Islands. (3)(A) The Attorney General and the Secretary of Health and Human Services of the United States may provide technical assist- ance and equipment to the Government of the United States Virgin Islands to carry out the purposes of this subtitle and any other Federal or territorial drug abuse law. (B) There are authorized to be appropriated such sums as may be necessary to carry out subparagraph (A). Funds appropriated under this subparagraph shall remain available until expended. Subtitle B—National Park Service Program National Park Police Drug SEC. 5051. SHORT TITLE. Enforcement Supplemental This subtitle may be cited as the "National Park Police Drug Authority Act. Enforcement Supplemental Authority Act". 16 u s e 1 note.
100 STAT. 3207-157 PUBLIC LAW 99-570—OCT. 27, 1986 16 u s e 1 note. SEC. 5052. NATIONAL PARK POLICE AUTHORIZATION. In order to improve Federal law enforcement activities relating to ^1^ IJ^^, the use of narcotics and prohibited substances in National Park System units there are made available to the Secretary of the Interior, in addition to sums made available under other authority of law, $1,000,000 for the fiscal year 1987, and for each fiscal year thereafter, to be used for the employment and training of additional Park Police, for equipment and facilities to be used by Park Police, and for expenses related to such employment, training, equipment, and facilities. Federal TITLE VI—FEDERAL EMPLOYEE SUBSTANCE ABUSE . Employee EDUCATION AND TREATMENT Substance Abuse Education and Treatment Act of SEC. 6001. SHORT TITLE. >/; i : r ^ ' 1986. This title may be cited as the "Federal Employee Substance Abuse 5 u s e 7301 note. Education and Treatment Act of 1986". SEC. 6002. PROGRAMS TO PROVIDE PREVENTION, TREATMENT, AND RE- HABILITATION SERVICES TO FEDERAL EMPLOYEES WITH RESPECT TO DRUG AND ALCOHOL ABUSE. (a) IN GENERAL.—(1) Chapter 73 of title 5, United States Code, is amended by adding at the end the following: "SUBCHAPTER VI—DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM 5 use 7361. "§ 7361. Drug abuse "(a) The Office of Personnel Management shall be responsible for developing, in cooperation with the President, with the Secretary of Health and Human Services (acting through the National Institute on Drug Abuse), and with other agencies, and in accordance with applicable provisions of this subchapter, appropriate prevention, treatment, and rehabilitation programs and services for drug abuse among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of employees and to employees who have family members who are drug abusers. Such programs and services shall make optimal use of existing governmental facilities, services, and skills. "(b) Section 527 of the Public Health Service Act (42 U.S.C. 290ee-3), relating to confidentiality of records, and any regulations prescribed thereunder, shall apply with respect to records main- tained for the purpose of carrying out this section. Reports. "(c) Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under section 7363 of this title. "(d) For the purpose of this section, the term 'agency' means an Executive agency. 5 use 7362. "§ 7362. Alcohol abuse and alcoholism ; "(a) The Office of Personnel Management shall be responsible for developing, in cooperation with the Secretary of Health and Human Services and with other agencies, and in accordance with applicable provisions of this subpart, appropriate prevention, treatment, and rehabilitation programs and services for alcohol abuse and alcohol-
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-158 ism among employees. Such agencies are encoursiged to extend, to the extent feasible, such programs and services to the families of alcoholic employees and to employees who have family members who are alcoholics. Such programs and services shall make optimal use of existing governmental facilities, services, and skills. "(b) Section 523 of the Public Health Service Act (42 U.S.C. 290dd-3), relating to confidentiality of records, and any regulations prescribed thereunder, shall apply with respect to records main- ,,,,,. tained for the purpose of carrying out this section. * ' "(c) Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under section 7363 of this title. "(d) For the purpose of this section, the term 'agency' means an Executive agency. "§ 7363. Reports to Congress 5 use 7363. "(a) The Office of Personnel Management shall, within 6 months after the date of the enactment of the Federal Employee Substance Abuse Education and Treatment Act of 1986 and annually there- after, submit to each House of Congress a report containing the matters described in subsection (b)- "(b) Each report under this section shall include— "(1) a description of any programs or services provided under section 7361 or 7362 of this title, including the costs associated with each such program or service and the source and adequacy of any funding such program or service; "(2) a description of the levels of participation in each pro- gram and service provided under section 7361 or 7362 of this title, and the effectiveness of such programs and services; "(3) a description of the training and qualifications required of the personnel providing any program or service under section 7361 or 7362 of this title; "(4) a description of the training given to supervisory person- nel in connection with recognizing the symptoms of drug or alcohol abuse and the procedures (including those relating to confidentiality) under which individuals are referred for treat- ment, rehabilitation, or other assistance; "(5) any recommendations for legislation considered appro- priate by the Office and any proposed administrative actions; , ,^. and "(6) information describing any other related activities under section 7904 of this title, and any other matter which the Office considers appropriate.". (2) The analysis for chapter 73 of title 5, United States Code, is amended by adding at the end the following: "SUBCHAPTER VI—DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOUSM "Sec. "7361. Drug abuse. "7362. Alcohol abuse and alcoholism. "7363. Reports to Congress.". (b) TECHNICAL AND CONFORMING AMENDMENTS.— The Public Health Service Act is amended— (1) in section 521 (42 U.S.C. 290dd-l)— (A) by striking out subsection (a); (B) by striking out "similar" in subsection (bXD; and
100 STAT. 3207-159 PUBLIC LAW 99-570—OCT. 27, 1986 (C) by redesignating subsections (b), (c), and (d) as subsec- tions (a), (b), and (c), respectively; and (2) in section 525 (42 U.S.C. 290ee-l)— (A) by striking out subsection (a); (B) by striking out "similar" in subsection (b)(1); and '"» ' •' (C) by redesignating subsections (b), (c), and (d) as subsec- tions (a), (b), and (c), respectively. 5 u s e 7361 note. SEC. 6003. EDUCATIONAL PROGRAM FOR FEDERAL EMPLOYEES RELAT- ING TO DRUG AND ALCOHOL ABUSE. (a) ESTABLISHMENT.—The Director of the Office of Personnel Management shall, in consultation with the Secretary of Health and Human Services, establish a Government-wide education program, using seminars and such other methods as the Director considers appropriate, to carry out the purposes prescribed in subsection (b). (b) PURPOSES.—The program established under this section shall H'>t. )a J be designed to provide information to Federal Government em- ployees with respect to— (1) the short-term and long-term health hazards associated with alcohol abuse and drug abuse; rtfti (2) the symptoms of alcohol abuse and drug abuse; (3) the availability of any prevention, treatment, or rehabilita- tion programs or services relating to alcohol abuse or drug abuse, whether provided by the Federal Government or otherwise; (4) confidentiality protections afforded in connection with any prevention, treatment, or rehabilitation programs or services; (5) any penalties provided under law or regulation, and any administrative action (permissive or mandatory), relating to the use of alcohol or drugs by a Federal Government employee or the failure to seek or receive appropriate treatment or re- habilitation services; and (6) any other matter which the Director considers appro- priate. SEC. 6004. EMPLOYEE ASSISTANCE PROGRAMS RELATING TO DRUG ABUSE AND ALCOHOL ABUSE. (a) IN GENERAL.—Chapter 79 of title 5, United States Code, is amended by adding at the end the following: 5 use 7904. "§ 7904. Employee assistance programs relating to drug abuse and alcohol abuse "(a) The head of each Executive agency shall, in a manner consist- ent with guidelines prescribed under subsection (b) of this section and applicable provisions of law, establish appropriate prevention, treatment, and rehabilitation programs and services for drug abuse and alcohol abuse for employees in or under such agency. "(b) The Office of Personnel Management shall, after such con- sultations as the Office considers appropriate, prescribe guidelines for programs and services under this section. "(c) The Secretary of Health and Human Services, on request of the head of an Executive agency, shall review any program or service provided under this section and shall submit comments and recommendations to the head of the agency concerned.". (b) CONFORMING AMENDMENT.—The analysis for chapter 79 of title 5, United States Code, is amended by adding at the end the following: "7904. Employee assistance programs relating to drug abuse and alcohol abuse.".
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-160 SEC. 6005. SIBSTANCK ABUSE { : ( ) V E R A ( ; E STUDY. 21 USC 801 note. (a) STUDY.—The Secretary of Health and Human Services shall Contracts, contract with the Institute of Medicine of the National Academy of Sciences to conduct a study of (1) the extent to which the cost of drug abuse treatment is covered by private insurance, public programs, and other sources of payment, and (2) the adequacy of such coverage for the rehabilitation of drug abusers. (b) REPORT.—Not later than one year after the date of the enact- ment of this Act the Secretary of Health and Human Services shall transmit to the Congress a report of the results of the study con- ducted under subsection (a). The report shall include recommenda- tions of means to meet the needs identified in such study. SEC. 6006. HEALTH INSURANCE COVERAGE FOR DRUG AND ALCOHOL 21 USC 801 note. TREATMENT. (a) FINDINGS.—The Congress finds that— (1) drug and alcohol abuse are problems of grave concern and consequence in American society; (2) over 500,000 individuals are known heroin addicts; 5 mil- lion individuals use cocaine; and at least 7 million individuals regularly use prescription drugs, mostly addictive ones, without medical supervision; (3) 10 million adults and 3 million children and adolescents abuse alcohol, and an additional 30 to 40 million people are adversely affected because of close family ties to alcoholics; (4) the total cost of drug abuse to the Nation in 1983 was over $60,000,000,000; and (5) the vast majority of health benefits plans provide only >^ .-m ' limited coverage for treatment of drug and alcohol addiction, which is a fact that can discourage the abuser from seeking treatment or, if the abuser does seek treatment, can cause the *' abuser to face significant out of pocket expenses for the treatment. (b) SENSE OF CONGRESS.—It is the sense of Congress that— (1) all employers providing health insurance policies should ^ ensure that the policies provide adequate coverage for treat- ment of drug and alcohol addiction in recognition that the health consequences and costs for individuals and society can be as formidable as those resulting from other diseases and ill- ,,. -«>| i.. nesses for which insurance coverage is much more adequate; and 10 fi (2) State insurance commissioners should encourage employ- State and local ers providing health benefits plans to ensure that the policies governments. ear provide more adequate coverage for treatment of drug and alcohol addiction. TITLE VII—NATIONAL ANTIDRUG REORGANIZATION AND National COORDINATION Antidrug Reorganization SEC. TOOL SHORT TITLE. and Coordination This title may be cited as the "National Antidrug Reorganization Act. and Coordination Act". SEC. 7002. FINDINGS. The Congress finds that—
100 STAT. 3207-161 PUBLIC LAW 99-570—OCT. 27, 1986 (1) the Federal Government's response to drug trafficking and drug abuse is divided among several dozen agencies and bureaus of the Government, ranging from the Department of Defense to the Department of Health and Human Services; (2) numerous recent congressional hearings and reports, re- ports by the Comptroller General, and studies by Executive branch agencies have documented the waste and inefficiency caused by this division of responsibilities; (3) interagency competition for credit and budget dollars im- poses critical obstacles to efficient application of national re- sources in combating drug trafficking and drug abuse; and (4) successfully combating such trafficking and drug abuse requires coherent planning that includes intelligent organiza- tion and operations of Executive branch agencies. President of U.S. SEC. 7003. SUBMISSION OF LEGISLATION. State and local governments. Not later than 6 months after the date of enactment of this title, the President shall submit to each House of Congress recommenda- tions for legislation to reorganize the Executive branch of the Government to more effectively combat drug traffic and drug abuse. In the preparation of such recommendations, the President shall consult with the Comptroller General, State and local law enforce- ment authorities, relevant committees of the Congress, and the Attorney General and the Secretaries of State, the Treasury, Transportation, Health and Human Services, Defense, and Education. President's TITLE VIII—PRESIDENT'S MEDIA COMMISSION ON Media ALCOHOL AND DRUG ABUSE PREVENTION Commission on Alcohol and SEC. 8001. SHORT TITLE. - • u ?: Drug Abuse Prevention Act. This title may be cited as the "President's Media Commission on 21 u s e 1301 Alcohol and Drug Abuse Prevention Act". note. 21 u s e 1301. SEC. 8002. ESTABLISHMENT. ^ b )1 J There is established a commission to be known as the President's Media Commission on Alcohol and Drug Abuse Prevention (herein- after in this title referred to as the "Commission"). 21 u s e 1302. SEC. 8003. DUTIES OF COMMISSION. The Commission shall— (1) examine public education programs in effect on the date of the enactment of this title which are— (A) implemented through various segments of mass media; and (B) intended to prevent alcohol and drug abuse; (2) act as an administrative and coordinating body for the voluntary donation of resources from— (A) television, radio, motion picture, cable communica- tions, and print media; (B) the recording industry; ^' (C) the advertising industry; (D) the business sector of the United States; and (E) professional sports organizations and associations; to assist the implementation of new programs and national strategies for dissemination of information intended to prevent alcohol £ind drug abuse;
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-162 (3) encourage media outlets throughout the country to provide information aimed at preventing alcohol and drug abuse, including public service announcements, documentary films, and advertisements; and (4) evaluate the effectiveness and assist in the update of programs and national strategies formulated with the assist- ance of the Commission. SEC. 8004. MEMBERSHIP. 21 USC 1303. (a) NUMBER AND APPOINTMENT.—The Commission shall be com- posed of 12 members appointed by the President within 30 days after the date of the enactment of this title, and should include representatives of— (1) advertising agencies; (2) motion picture, television, radio, cable communications, and print media; (3) the recording industry; (4) other segments of the business sector of the United States; > ' (5) experts in the prevention of alcohol and drug abuse; (6) professional sports organizations and associations; and (7) other Federal agencies, as designated by the President, including the Director of the Agency for Substance Abuse Prevention of the Department of Health and Human Services. (b) TERMS.—(1) Except as provided in paragraphs (2) and (3), members shall be appointed for terms of 3 years. (2) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. (3) A member may serve after the expiration of his term until his successor has taken office. (c) BASIC PAY AND EXPENSES.—(1) Except as provided in paragraph (2), members of the Commission shall serve without pay. (2) While away from their homes or regular places of business in the performance of services for the Commission, members shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons serving intermittently in the Government service are allowed travel expenses under sec- IMU L,. tion 5703 of title 5, United States Code. SEC. 800,5. MEETINGS. 21 USC 1304. (a) IN GENERAL.—(1) The Commission shall meet at the call of the Moderator. (2) The Moderator shall convene the 1st meeting of the Commis- sion within 30 days after the date of the completion of appointments under section 8004(a). - -'• ' ^S (b) MODERATOR.—One member of the Commission shall be des- ignated by the President to serve as Moderator of the Commission. (c) QUORUM AND PROCEDURE.—The Commission shall adopt rules regarding quorum requirements and meeting procedures as the Commission deems appropriate at the 1st meeting of the Commission. (d) VOTING.—Decisions and official acts of the Commission shall be according to the vote of a majority of members at a properly called meeting.
100 STAT. 3207-163 PUBLIC LAW 99-570—OCT. 27, 1986 21 u s e 1305. SEC. 8006. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS. (a) DIRECTOR AND STAFF.—(1) Subject to paragraph (2), the Modera- tor, with the approval of the Commission, may employ and set the rate of pay for a Director and such staff as the Moderator deems necessary. (2) Rates of pay set under paragraph (1) shall be less than the rate of basic pay payable under section 5316 of title 5, United States c,'r'i[ D-ili Code. (b) EXPERTS AND CONSULTANTS.—The Moderator, with the ap- proval of the Commission, may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (c) STAFF OF FEDERAL AGENCIES.—Upon request of the Commis- sion, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrjring out its duties under this title. 21 u s e 1306. SEC. 8007. POWERS OF COMMISSION. (a) HEARINGS AND SESSIONS.—The Commission may, for the pur- pose of carrying out this title, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (b) OBTAINING OFFICIAL DATA.—Upon the request of the Modera- tor of the Commission, the Commission may secure directly from any department or agency of the United States information nec- essary to enable it to carry out this title. (c) GIFTS.—The Commission may accept, use, and dispose of gifts or donations of services or property. (d) MAILS.—The Commission may use the United States mails in the same manner and under the same conditions as other depart- ments and agencies of the United States. (e) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. 21USC1307. SEC. 8008. REPORT. The Commission shall transmit to the President and to each p House of Congress a report not later than July 31 of each year which contains a detailed statement of the activities of the Commission during the preceding year, including a summary of the number of public service announcements produced by the Commission and published or broadcast. 21 u s e 1308. SEC. 8009. TERMINATION. - The Commission shall terminate on a date which is three years after the date on which members of the Commission are first appointed, unless the President, by Executive order, extends the authority of the Commission.
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-164 TITLE IX—DENIAL OF TRADE BENEFITS TO UNCOOPERA- TIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES SEC. 9001. TARIFF TREATMENT OF PRODUCTS OF UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES. The Trade Act of 1974 is amended by adding at the end thereof 19 USC 2101. the following: "TITLE VIII—TARIFF TREATMENT OF PRODUCTS OF UNCO- Narcotics OPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRAN- Control Trade SIT COUNTRIES ^''^• "SEC. 801. SHORT TITLE. 19 USC 2491. "This title may be cited as the 'Narcotics Control Trade Act'. "SEC. 802. TARIFF TREATMENT OF PRODUCTS OF UNCOOPERATIVE 19 USC 2492. MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES. "(a) REQUIRED ACTION BY PRESIDENT.—Subject to subsection (b), for every major drug producing country and every major drug-transit country, the President shall, on or after March 1,1987, and March 1 cs^ io ;u of each succeeding year, to the extent considered necessary by the President to achieve the purposes of this title— "(1) deny to any or all of the products of that country tariff treatment under the Generalized System of Preferences, the Caribbean Basin Economic Recovery Act, or any other law 19 USC 2701 ' providing preferential tariff treatment; ^°^^- "(2) apply to any or all of the dutiable products of that country an additional duty at a rate not to exceed 50 percent ad valorem or the specific rate equivalent; "(3) apply to one or more duty-free products of that country a duty at a rate not to exceed 50 percent ad valorem; or "(4) take any combination of the actions described in para- graphs (1), (2), and (3). "OD) CERTIFICATIONS; CONGRESSIONAL ACTION.—(1) Subsection (a) shall not apply with respect to a country if the President determines and so certifies to the Congress, at the time of the submission of the report required by section 481(e) of the Foreign Assistance Act of 1961, that during the previous year that country has cooperated Ante, p. 3207-63. fully with the United States, or has taken adequate steps on its own, in preventing narcotic and psychotropic drugs and other controlled substances produced or processed, in whole or in part, in such country or transported through such country, from being sold ille- gally within the jurisdiction of such country to United States Government personnel or their dependents or from being trans- ported, directly or indirectly, into the United States and in prevent- ing and punishing the laundering in that country of drug-related profits or drug-related monies. "(2) In making the certification required by paragraph (1), the President shall give foremost consideration to whether the actions of the government of the country have resulted in the maximum •(••'v.. 'irjU HI- reductions in illicit drug production which were determined to be achievable pursuant to section 481(e)(4) of the Foreign Assistance Act of 1961. The President shall also consider whether such government—
100 STAT. 3207-165 PUBLIC LAW 99-570—OCT. 27, 1986 "(A) has taken the legal and law enforcement measures to enforce in its territory, to the maximum extent possible, the elimination of illicit cultivation and the suppression of illicit manufacture of and traffic in narcotic and psychotropic drugs and other controlled substances, as evidenced by seizures of such drugs and substances and of illicit laboratories and the .. • arrest and prosecution of violators involved in the traffic in such drugs and substances significantly affecting the United States; and "(B) has taken the legal and law enforcement steps necessary ' to eliminate, to the maximum extent possible, the laundering in that country of drug-related profits or drug-related monies, as evidence by— "(i) the enactment and enforcement of laws prohibiting ' ' such conduct, 3il "(ii) the willingness of such government to enter into „.. mutual legal assistance agreements with the United States • *' governing (but not limited to) money laundering, and "(iii) the degree to which such government otherwise cooperates with United States law enforcement authorities on anti-money laundering efforts. Congress. "(3) Subsection (a) shall apply to a country without regard to paragraph (1) of this subsection if the Congress enacts, within 30 days of continuous session after receipt of a certification under paragraph (1), a joint resolution disapproving the determination of the President contained in that certification. President of U.S. "(4) If the President takes action under subsection (a), that action shall remain in effect until— "(A) the President makes the certification under paragraph (1), a period of 30 days of continuous session of Congress elapses, and during that period the Congress does not enact a joint resolution of disapproval; or "(B) the President submits at any other time a certification of the matters described in paragraph (1) with respect to that country, a period of 30 days of continuous session of Congress elapses, and during that period the Congress does not enact a joint resolution of disapproving the determination contained in that certification. "(5) For the purpose of expediting the consideration and enact- ^ „ ment of joint resolutions under paragraphs (3) and (4)— " ' •"• • "(A) a motion to proceed to the consideration of any such joint resolution after it has been reported by the Committee on Ways and Means shall be treated £is highly privileged in the House of Representatives; and "(B) a motion to proceed to the consideration of any such joint resolution after it has been reported by the Committee on Finance shall be treated as privileged in the Senate. "(c) DURATION OF ACTION.—The action taken by the President under subsection (a) shgJl apply to the products of a foreign country that are entered, or withdrawn from warehouse for consumption, during the period that such action is in effect. 19 u s e 2493. "SEC. 803. SUGAR QUOTA. '"' " "Notwithstanding any other provision of law, the President may not allocate any limitation imposed on the quantity of sugar to any country which has a Government involved in the trade of illicit narcotics or is failing to cooperate with the United States in narcot-
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-166 ics enforcement activities as defined in section 802(b) as determined by the President. "SEC. 801. FROCJRESS REPORTS. 19 USC 2494. "The President shall include as a part of the annual report , , required under section 481(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(1)) an evaluation of progress that each major • drug producing country and each major drug-transit country has made during the reporting period in achieving the objectives set forth in section 802(b). "SEC. 805. DEFINITIONS. 19 USC 2495. "For purposes of this title— "(1) continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the period indicated; "(2) the term 'major drug producing country' means a country producing five metric tons or more of opium or opium derivative during a fiscal year or producing five hundred metric tons or more of coca or marijuana (as the case may be) during a fiscal year; and "(3) the term 'major drug-transit country' means a country— "(A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances signifi- cantly affecting the United States; "(B) through which are transported such drugs or substances; or "(C) through which significant sums of drug-related profits or monies are laundered with the knowledge or complicity of the government; and ' ' * "(4) the term 'narcotic and psychotropic drugs and other controlled substances' has the same meaning as is given by any applicable international narcotics control agreement or domes- tic law of the country or countries concerned.". SEC. 9002. CONFORMING AMENDMENTS. (a) GENERALIZED SYSTEM OF PREFERENCES.—Section 502(b) of the Trade Act of 1974 (19 U.S.C. 2462(b)) is amended— (1) by striking out paragraph (5); (2) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7); and (3) by striking out "(5)," in the last sentence. (b) CARIBBEAN BASIN ECONOMIC RECOVERY.—Section 212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)) is amended— (1) by inserting "and" after the semicolon at the end of paragraph (5); (2) by striking out paragraph (6); and (3) by redesignating paragraph (7) as paragraph (6). TITLE X—BALLISTIC KNIFE PROHIBITION Ballistic Knife Prohibition Act SEC. 10001. SHORT TITLE. °f l^^^- This title may be cited as the "Ballistic Knife Prohibition Act of ^^ ^^^ ^^^^ 1986". ''°^^-
100 STAT. 3207-167 PUBLIC LAW 99-570—OCT. 27, 1986 SEC. 10002. PROHIBITION OF POSSESSION, MANUFACTURE, SALE, AND IMPORTATION OF BALLISTIC KNIVES. The Act entitled "An Act to prohibit the introduction, or manu- facture for introduction, into interstate commerce of switchblade 15 use 1241. knives, and for other purposes" (15 U.S.C. 1232 et seq.) is amended by adding at the end the following: 15 use 1245. "SEC. 7. (a) Whoever knowingly possesses, manufactures, sells, or imports a ballistic knife shall be fined as provided in title 18, United States Code, or imprisoned not more than ten years, or both. "(b) Whoever possesses or uses a ballistic knife in the commission cifH y [f of a Federal or State crime of violence shall be fined as provided in title 18, United States Code, or imprisoned not less than five years and not more than ten years, or both. "(c) The exceptions provided in paragraphs (1), (2), and (3) of section 4 with respect to switchblade knives shall apply to ballistic knives under subsection (a) of this section. "(d) As used in this section, the term 'ballistic knife' means a knife with a detachable blade that is propelled by a spring-operated mechanism.". SEC. 10003. NONMAILABILITY OF BALLISTIC KNIVES. Section 1716 of title 18, United States Code, is amended by insert- ing after subsection (h) and before the first undesignated paragraph after such subsection the following: "(i)(l) Any ballistic knife shall be subject to the same restrictions and penalties provided under subsection (g) for knives described in the first sentence of that subsection. "(2) As used in this subsection, the term 'ballistic knife' means a knife with a detachable blade that is propelled by a spring-operated mechanism.". 15USC1245 SEC. 10004. EFFECTIVE DATE. ' :* The amendments made by this title shall take effect 30 days after the date of enactment of this title. Homeless TITLE XI—HOMELESS ELIGIBILITY CLARIFICATION ACT Eligibility Clarification g^c. n o o i . SHORT TITLE. Act. 7 use 2011 note. This title may be cited as the "Homeless Eligibility Clarification Act". Subtitle A—Emergency Food for the Homeless SEC. 11002. MEALS SERVED TO HOMELESS INDIVIDUALS. (a) DEFINITION OF FOOD.—Section 3(g) of the Food Stamp Act of 1977 (7 U.S.C. 2012(g)) is amended— (1) in clause (1), by striking out "and (8)" and inserting in lieu thereof "(8), and (9)"; (2) by striking out "and" at the end of clause (7); and (3) by inserting before the period at the end thereof the following: ", and (9) in the case of households that do not reside in permanent dwellings and households that have no fixed •: mailing addresses, meals prepared for and served by a public or •,f ', private nonprofit establishment (approved by an appropriate State or local Eigency) that feeds such individuals and by a - < ' ^ ' f- public or private nonprofit shelter (approved by an appropriate State or local agency) in which such households temporarily
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-168 reside (except that such establishments and shelters may only request voluntary use of food stamps by such individuals and may not request such households to pay more than the average cost of the food contained in a meal served by the establishment or shelter)". (b) DEFINITION OF HOUSEHOLD.—The last sentence of section 3(i) of such Act (7 U.S.C. 2012(i)) is amended by inserting after "battered women and children," the following: "residents of public or private nonprofit shelters for individuals who do not reside in permanent dwellings or have no fixed mailing addresses, who are otherwise eligible for coupons,". (c) DEFINITION OF RETAIL FOOD STORE.—Section 3(k)(2) of such Act (7 U.S.C. 2012(k)(2)) is amended by striking "and (8)" and inserting in lieu thereof "(8), and (9)". (d) PARTICIPATION OF ESTABUSHMENTS AND SHELTERS.—Section 9 of such Act (7 U.S.C. 2018) is amended by adding at the end thereof the following new subsection: "(g) In an area in which the Secretary, in consultation with the Inspector General of the Department of Agriculture, finds evidence that the participation of an establishment or shelter described in section 3(g)(9) damages the program's integrity, the Secretary shall limit the participation of such establishment or shelter in the food stamp program, unless the establishment or shelter is the only establishment or shelter serving the area.". (e) REDEMPTION OF COUPONS.—The first sentence of section 10 of such Act (7 U.S.C. 2019) is amended— (1) by striking out "and" after "battered women and chil- dren,"; and (2) by inserting after "blind residents" the following: ", and public or private nonprofit establishments, or public or private Mi-L C«ft^ nonprofit shelters that feed individuals who do not reside in permanent dwellings and individuals who have no fixed mailing addresses". (f)(1) The amendments made by this section shall become effective, Effective date. ' and be implemented by issuance of final regulations, not later than Regulations. * April 1,1987. 7 u s e 2012 note. (2) Not later than September 30, 1988, the Secretary of Agri- Reports. culture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that evaluates the program established by the amendments made by this section, including any proposed legislative recommendations. (3) The amendments made by this section shall cease to be effec- tive after September 30,1990. Subtitle B—Job Training for the Homeless SEC. 11004. JOB TRAINING FOR THE HOMELESS. (a) GOVERNOR'S COORDINATION AND SPECIAL SERVICES PLAN TO INCLUDE HOMELESS.—(1) Section 1210t)Xl) of the Job Training Part- nership Act (20 U.S.C. 15310t)Xl)) is amended by inserting after 29 u s e 1531. "rehabilitation agencies" a comma and the following: "programs for the homeless". (2) Section 121(cX3) of the Job Training Partnership Act is amended by inserting after "offenders" a comma and the following: "homeless individuals".
100 STAT. 3207-169 PUBLIC LAW 99-570—OCT. 27, 1986 (b) BARRIERS TO EMPLOYMENT RULE.—Section 203(a)(2) of the Job Training Partnership Act (29 U.S.C. 1603(a)(2)) is amended by strik- ing out "or addicts" and inserting in lieu thereof "addicts, or homeless". Subtitle C—Entitlements Eligibility SEC. 11005. TREATMENT OF HOMELESS INDIVIDUALS ELIGIBLE UNDER SSI AND MEDICAID PROGRAMS. (a) SSI PROGRAM.—Section 1631(e) of the Social Security Act (42 U.S.C. 1383(e)) is amended by adding at the end the following new paragraph: "(3) The Secretary shall provide a method of making payments under this title to an eligible individual who does not reside in a permanent dwelling or does not have a fixed home or mailing address.". (b) MEDICAID PROGRAM.—Section 1902(a) of such Act (42 U.S.C. 1396a(a)) is amended— (1) by striking "and" at the end of paragraph (45), (2) by striking the period at the end of paragraph (46) and inserting in lieu thereof "; and", and (3) by adding at the end the following new paragraph: "(47) provide a method of making cards evidencing eligibility for medical assistance available to an eligible individual who does not reside in a permanent dwelling or does not have a fixed home or mailing address.". 42 u s e 1383 (c) EFFECTIVE DATE.—(1) The amendment made by subsection (a) note. shall become effective on the date of the enactment of this Act. 42 u s e 1396aa (2) The amendments made by subsection (b) shall become effective note. on January 1, 1987, without regard to whether or not final regula- tions to carry out such amendments have been promulgated by such date. State and local (d) AFDC.—No later than six months after the date of enactment governments. of this act and after consultation with the States administering 42 u s e 602 note. plans under Title IV of the Social Security Act, the Secretary of 42 u s e 601. Health and Human Services shall issue guidelines to the States for providing benefits under Title IV to a dependent child who does not reside in a permanent dwelling or does not have a fixed home or mailing address. SEC. 11006. APPLICATION FOR SSI AND FOOD STAMP BENEFITS BY SSI PRE-RELEASE INDIVIDUALS. Section 1631 of the Social Security Act (42 U.S.C. 1383) is amended by adding at the end thereof the following new subsection: "PRE-RELEASE PROCEDURES FOR INSTITUTIONALIZED PERSONS "(j) The Secretary shall develop a system under which an individ- ual can apply for supplemental security income benefits under this title prior to the discharge or release of the individual from a public institution. The Secretary and the Secretary of Agriculture shall develop a procedure under which an individual who applies for supplemental security income benefits under this title shall also be permitted to apply for participation in the food stamp program by executing a single application.".
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-170 SEC. 11007. DELIVERY OF VETERANS'BENEFITS PAYMENTS. (a) IN GENERAL.—(1) Section 3003 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: "(c) Benefits under laws administered by the Veterans' Adminis- tration may not be denied an applicant on the basis that the applicant does not have a mailing address.". (2) Section 3020 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: "(f)(1) In the case of a payee who does not have a mailing address, payments of monetary benefits under laws administered by the Veterans' Administration shall be delivered under an appropriate method prescribed pursuant to paragraph (2) of this subsection. "(2) The Administrator shall prescribe an appropriate method or methods for the delivery of payments of monetary benefits under laws administered by the Veterans' Administration in cases de- scribed in paragraph (1) of this subsection. To the maximum extent practicable, such method or methods shall be designed to ensure the delivery of payments in such cases.". (b) EFFECTIVE DATE.—(1) The amendment made by subsection 38 u s e 3003 (a)(1) shall take effect on the date of enactment of this Act. note. (2) The amendment made by subsection (a)(2) shall take effect with 38 u s e 3020 respect to payments made on or after October 1, 1986. note. TITLE XII—COMMERCIAL MOTOR VEHICLE SAFETY ACT Commercial OF 1986 Motor Vehicle Safety Act of 1986. SECTION 12001. SHORT TITLE AND TABLE OF CONTENTS. 49 u s e app. 2701 (a) SHORT TITLE.—This title may be cited as the "Commercial note. Motor Vehicle Safety Act of 1986". (b) TABLE OF CONTENTS.— Sec. 12001. Short title. Sec. 12002. Limitation on number of driver's licenses. Sec. 12003. Notification requirements. Sec. 12004. Employer responsibilities. Sec. 12005. Testing of operators. Sec. 12006. Commercial driver's license. Sec. 12007. Commercial driver's license information system. Sec. 12008. Federal disqualifications. Sec. 12009. Requirements for State participation. Sec. 12010. Grant program. Sec. 12011. Withholding of highway funds for State noncompliance. Sec. 12012. Penalties. Sec. 12013. Waiver authority. Sec. 12014. Commercial motor vehicle safety grants. Sec. 12015. Truck brake regulations. Sec. 12016. Radar demonstration project. j Sec. 12017. Limitation on statutory construction. Sec. 12018. Regulations. Sec. 12019. Definitions. SEC. 12002. LIMITATION ON NUMBER OF DRIVER'S LICENSES. Effective date. State and local Effective July 1, 1987, no person who operates a commercial motor governments. vehicle shall at any time have more than one driver's license, except 49 u s e app. during the 10-day period beginning on the date such person is issued 2701. a driver's license and except whenever a State law enacted on or before June 1, 1986, requires such person to have more than one driver's license. The second exception in the preceding sentence shall not be effective after December 31, 1989.
100 STAT. 3207-171 PUBLIC LAW 99-570—OCT. 27, 1986 Effective dates. SEC. 12003. NOTIFICATION REQUIREMENTS. 49 u s e app. (a) NOTIFICATION OF VIOLATIONS.— 2702. (1) TO STATES.—Effective July 1, 1987, each person who oper- ates a commercial vehicle, who has a driver's license issued by a ... State, and who violates a State or local law relating to motor vehicle traffic control (other than a parking violation) in any V i other State shall notify a State official designated by the State which issued such license of such violation, within 30 days after the date such person is found to have committed such violation. (2) To EMPLOYERS.—Effective July 1, 1987, each person who operates a commercial vehicle, who has a driver's license issued by a State, and who violates a State or local law relating to motor vehicle traffic control (other than a parking violation) shall notify his or her employer of such violation, within 30 days after the date such person is found to have committed such violation. (b) NOTIFICATION OF SUSPENSIONS.—Effective July 1, 1987, each employee who has a driver's license suspended, revoked, or can- ', : K celled by a State, who loses the right to operate a commercial motor vehicle in a State for any period, or who is disqualified from operating a commercial motor vehicle for any period shall notify his or her employer of such suspension, revocation, cancellation, lost right, or disqualification, within 30 days after the date of such suspension, revocation, cancellation, lost right, or disqualification. (c) NOTIFICATION OF PREVIOUS EMPLOYMENT.— (1) GENERAL RULE.—Effective July 1, 1987, subject to para- graph (2) of this subsection, each person who operates a commercial motor vehicle and applies for employment as an operator of a commercial motor vehicle with an employer shall notify at the time of such application the employer of his or her previous employment as an operator of a commercial motor vehicle. Regulations. (2) PERIOD OF PREVIOUS EMPLOYMENT.—The Secretary shall establish by regulation the period for which previous employ- ment must be notified under paragraph (1), except that such period shall not be less than a 10-year period ending on the date of application for employment. Effective date. SEC. 12004. EMPLOYER RESPONSIBILITIES. State and local governments. Effective July 1, 1987, no employer shall knowingly allow, permit, 49 u s e app. or authorize an employee to operate a commercial motor vehicle in 2703. the United States during any period— (1) in which such employee has a driver's license suspended, revoked, or cancelled by a State, has lost the right to operate a commercial motor vehicle in a State, or has been disqualified from operating a commercial motor vehicle; or (2) in which such employee has more than 1 driver's license, except during the 10-day period beginning on the date such employee is issued a driver's license and except whenever a State law enacted on or before June 1, 1986, requires such " employee to have more than one driver's license. The second exception in paragraph (2) shall not be effective after December 31,1989. 49 u s e app. SEC. 12005. T E S T I N G OF OPERATORS. ^^ 2704. Regulations. (a) ESTABLISHMENT OF MINIMUM FEDERAL STANDARDS.—Not later than July 15, 1988, the Secretary shall issue regulations to establish
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-172 minimum Federal standards for testing and ensuring the fitness of persons who operate commercial motor vehicles. Such regulations— (1) shall establish minimum Federal standards for written tests and driving tests of persons who operate such vehicles; (2) shall require a driving test of each person who operates or will operate a commercial motor vehicle in a vehicle which is representative of the t3rpe of vehicle such person operates or J will operate; (3) shall establish minimum Federal testing standards for operation of commercial motor vehicles and, if the Secretary , (U^ considers appropriate to carry out the objectives of this title, ; . /^, . may establish different minimum testing standards for different classes of commercial motor vehicles; (4) shall ensure that each person taking such tests has a working knowledge of (A) regulations pertaining to safe oper- ation of a commercial motor vehicle issued by the Secretary and contained in title 49 of the Code of Federal Regulations, and (B) any safety system of such vehicle; (5) in the case of a person who operates or will operate a commercial motor vehicle carrying a hazardous material, shall i ensure— (A) that such person is qualified to operate a commercial motor vehicle in accordance with all regulations pertaining to motor vehicle transportation of such material issued by the Secretary under the Hazardous Materials Transpor- -•^^T tation Act; and (B) that such person has a working knowledge of— (i) such regulations, (ii) handling of such material, I (iii) the operation of emergency equipment used in '' response to emergencies arising out of the transpor- tation of such material, and (iv) appropriate response procedures to be followed m " ' such emergencies; (6) shall establish minimum scores for passing such tests; (7) shall ensure that each person taking such tests is qualified to operate a commercial motor vehicle under the regulations issued by the Secretary and contained in title 49 of the Code of Federal Regulations to the extent such regulations are ap- plicable to such person; and jj^ ^ (8) may require— (A) issuance of a certification of fitness to operate a commercial motor vehicle to each person who passes such tests; and (B) such person to have a copy of such certification in his or her possession whenever such person is operating a commercial motor vehicle. Ot>) REQUIREMENT FOR OPERATION OF CMV.— (1) GENERAL RULE.—Except as provided under paragraph (2), no person may operate a commercial motor vehicle unless such person has taken and passed a written and driving test to operate such vehicle which meets the minimum Federal stand- ards established by the Secretary under subsection (a). (2) EXCEPTION.—The Secretary may issue regulations which Regulations. provide that a person—
100 STAT. 3207-173 PUBLIC LAW 99-570—OCT. 27, 1986 }. :, (A) who passes a driving test for operation of a commer- ... cial motor vehicle in accordance with the minimum stand- ards established under subsection (a), and (B) who has a driver's license which is not suspended, revoked, or cancelled, may operate such a vehicle for a period not to exceed 90 days. (3) EFFECTIVE DATE.—Paragraph (1) shall take effect on such 1^? date as the Secretary shall establish by regulation. Such date shall be as soon as practicable after the date of the enactment of this title but not later than April 1, 1992. State and local (c) B A S I C G R A N T PROGRAM.— governments. ( l ) ELIGIBILITY FOR FISCAL YEARS 1987, 1988, AND 1 9 8 9 . — T h e Secretary may make a grant to a State in any of fiscal years 1987, 1988, and 1989— (A) if the State enters into an agreement with the Sec- retary to develop a program for testing and ensuring the fitness of persons who operate commercial motor vehicles; and (B) if the State has in effect and enforces in such fiscal -•- ' year a law which provides that any person with a blood ^ •' alcohol concentration of 0.10 percent or greater when operating a commercial motor vehicle is deemed to be driving while under the influence of alcohol. (2) ELIGIBILITY AFTER FISCAL YEAR 1989.—The Secretary may make a grant to a State in a fiscal year beginning after Septem- ber 30, 1989— (A) if the State enters into an agreement with the Secretary— (i) to adopt and administer in such fiscal year a program for testing and ensuring the fitness of persons r,: r «ij who operate commercial motor vehicles in accordance ,5, ^7" with all of the minimum Federal standards established by the Secretary under subsection (a); and , , ,^r,. (ii) to require that operators of commercial motor vehicles have passed written and driving tests which comply with such minimum standards; and ":' (B) if the State has in effect and enforces in such fiscal year a law which provides that any person with a blood alcohol concentration of 0.10 percent or greater when operating a commercial motor vehicle is deemed to be - driving while under the influence of alcohol. (3) ADMINISTRATION OF DRIVING TEST.—A State— (A) may administer driving tests referred to in paragraph (2) and section 12009(a); or (B) may enter into an agreement, approved by the Sec- retary, to administer such tests with a person (including a '-•-' >' department, agency or instrumentality of a local govern- r. «',«.;. ment) which meets such minimum standards as the Sec- retary shall establish by regulation— (i) if the agreement allows the Secretary and the - State each to conduct random examinations, inspec- tions, and audits of such testing without prior notifica- tion; and .b;;r (ii) if the State conducts at least annually one onsite inspection of such testing. i iU:iii i'^A (4) MINIMUM AMOUNT OF GRANT.—The Secretary shall deter- mine the amount of grants in a fiscal year to be made under this
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-174 subsection to a State eligible to receive such grants in the fiscal year; except that— (A) such State shall not be granted less than $100,000 o under this subsection in the fiscal year; and (B) to the extent that any States are granted more than $100,000 per State in the fiscal year under this subsection, the Secretary shall ensure that such States are treated equitably. (5) LIMITATION ON USE OF FUNDS.— (A) IN FISCAL YEARS 1987, 1988, AND 1989.—A State receiv- ing a grant under this subsection in fiscal year 1987, 1988, or 1989 may only use the fiinds provided under such grant for developing a program for testing and ensuring the fitness of persons who operate commercial motor vehicles. (B) THEREAFTER.—A State receiving a grant under this subsection in any fiscal year beginning after September 30, 1989, may only use the funds provided under such grant for testing operators of commercial motor vehicles. (6) DEVELOPMENT OF TESTING PROGRAM DESCRIBED.—For pur- poses of this subsection and subsection (d), development of a program for testing and ensuring the fitness of persons who operate commercial motor vehicles includes but is not limited to studies of the number of vehicles which will need to be tested under such program in a calendar year, studies of facilities at which testing of such persons could be conducted, and studies of * additional resources (including personnel) which will be nec- essary to conduct such testing. (7) FUNDING.—There shall be available to the Secretary to carry out this subsection $5,000,000 from funds made available to carry out section 404 of the Surface Transportation Assist- ance Act of 1982 for each of fiscal years 1987, 1988, 1989, 1990, Post, p. 3207-186. and 1991. (d) SUPPLEMENTAL GRANT PROGRAM.— State and local (1) EUGIBIUTY AND PURPOSES.—The Secretary may make in a governments. fiscal year grants to States eligible to receive grants under subsection (c) in such fiscal year. A grant made under this subsection in fiscal year 1987, 1988, or 1989 shall be used for developing a program for testing and ensuring the fitness of persons who operate commercial motor vehicles. A grant made under this subsection in any fiscal year beginning after Septem- ber 30, 1989, shall be used for testing operators of commercial motor vehicles. (2) DISTRIBUTION.—Funds granted under this subsection in a fiscal year beginning after September 30, 1989, shall be distrib- uted among the States eligible to receive grants under subsec- tion (c) in such fiscal year on the basis of the number of written and driving tests administered, and the number of drivers' licenses for operation of commercial motor vehicles, issued in the preceding fiscal year. (3) FUNDING.—There shall be available to the Secretary to carry out this subsection— (A) $3,000,000 from funds made available to carry out section 402 of title 23, United States Code, by the National Highway Traffic Safety Administration for each of fiscal years 1987, and 1988;
100 STAT. 3207-175 PUBLIC LAW 99-570—OCT. 27, 1986 !BO»r. (B) $3,000,000 from funds made available to carry out section 404 of the Surface Transportation Assistance Act of 49 use app. 1982 for each of fiscal years 1989,1990, and 1991. 2304. (e) LIMITATIONS ON GRANT PROGRAMS.— eovernmente^^ ^^^ MAINTENANCE OF EFFORT.—The Secretary may not make a governmen . grant to any State under this section unless such State agrees i that the aggregate expenditure of funds of the State and politi- cal subdivisions thereof, exclusive of Federal funds, for testing of operators of commercial motor vehicles will be maintained at a level which does not fall below the average level of such expenditure for its last two fiscal years preceding the date of the enactment of this title. (2) PERIOD OF AVAILABILITY.—Funds made available to carry out this subsection shall remain available for obligation by the State for the fiscal year for which such funds are made avail- able. Any of such funds not obligated before the last day of such period shall no longer be available for obligation by such State and shall be available to the Secretary for carrying out the purposes of this title. Funds made available pursuant to this section shall remain available until expended. ^ (3) CONTRACT AUTHORITY.—Notwithstanding any other provi- ^ sion of law, approval by the Secretary of a grant to a State f under this section shall be deemed to be a contractual obligation of the United States for pa3rment of the amount of the grant. 49 u s e app. SEC. 12006. COMMERCIAL DRIVER'S LICENSE. 2705 State and local Not later than July 15, 1988, the Secretary, after consultation governments. with the States, shall issue regulations establishing minimum uni- Regulations. form standards for the issuance of commercial drivers' licenses by the States and for information to be contained on such licenses. Such standards shall, at a minimum, require that— Mf-vm: M . i?.tt',. , (1) each person who is issued a commercial driver's license passes a written and driving test for the operation of a commer- cial motor vehicle which complies with the minimum Federal standards established by the Secretary under section 12005(a); H (2) the commercial drivers' licenses are, to the maximum ^ extent practicable, tamper proof; and (3) each commercial driver's license contain the following |, information: 2^ (A) the name and address of the person to whom such license is issued and a physical description of such person; r (B) the social security number or such other number or information as the Secretary determines appropriate to p „, identify such person; t. (C) the class or type of commercial motor vehicle or vehicles which such person is authorized to operate under ll such license; fJ (D) the name of the State which issued such license; and (E) the dates between which such license is valid. 49 u s e app SEC. 12007. COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM. (a) DEADLINE.—Not later than January 1,1989, the Secretary shall either enter into an agreement under subsection 0>) for operation of, or establish under subsection (c), an information system which will serve as a clearinghouse and depository of information pertaining to the licensing and identification of operators of commercial motor vehicles and the disqualification of such operators from operating
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-176 commercial motor vehicles. In carrying out this section, the Sec- retary consult the States. (b) AGREEMENT FOR USE OF NON-FEDERAL SYSTEM.— state and local (1) REVIEW.—Not later than January 1, 1988, the Secretary governments. shall conduct a review of information systems utilized by 1 or more States pertaining to the driving status of operators of motor vehicles and other State-operated information systems for the purpose of determining whether or not any of such systems could be utilized to carry out this section. (2) AGREEMENT.—If the Secretary determines that one of the information systems reviewed under paragraph (1) could be utilized to carry out this section and the State or States utilizing such system agree to the use of such system for carrying out this section, the Secretary may enter into an agreement with such State or States for the use of such system in accordance with the provisions of this section and section 12009(c). (3) TERMS OF AGREEMENT.—Any agreement entered into under this subsection shall contain such terms and conditions as the Secretary considers necessary to carry out the objectives of this title. (c) ESTABLISHMENT.—If the Secretary does not enter into an agreement under subsection (b), the Secretary shall establish an information system pertaining to the driving status and licensing of . operators of commercial motor vehicles in accordance with the ' (i: provisions of this section. (d) MINIMUM INFORMATION.—The information system under this section shall, at a minimum, include the following information concerning each operator of a commercial motor vehicle: (1) Such information as the Secretary considers appropriate to ensure identification of such operator. (2) The name and address of such operator and a physical description of such operator. (3) The social security number of such operator or such other number or information as the Secretary determines appropriate to identify such operator. (4) The name of the State which issued the driver's license to ' such operator. (5) The dates between which such license is valid. (6) Whether or not such operator has or has had a driver's license which authorized such person to operate a commercial motor vehicle suspended, revoked, or cancelled by a State, has lost the right to operate a commercial motor vehicle in a State for any period, or has been disqualified from operating a commercial motor vehicle. (e) AVAILABILITY OF INFORMATION.— (1) To STATE.—Upon request of a State, the Secretary or the operator of the information system, as the case may be, may make available to such State information in the information system under this section. (2) To THE EMPLOYEE.—Upon rcquest of an employee, the Secretary or the operator of the information system, as the case may be, may make available to such employee information in the information system relating to such employee. (3) To EMPLOYER.—Upon request of an employer or prospec- tive employer of an employee and after notification of such employee, the Secretary or the operator of the information system, as the case may be, may make available to such em-
100 STAT. 3207-177 PUBLIC LAW 99-570—OCT. 27, 1986 -0s? ployer or prospective employer information in the information system relating to such employee. |. > (4) To THE SECRETARY.—Upon the request of the Secretary, the •If operator of the information system shall make available to the Secretary such information pertaining to the driving status and licensing of operators of commercial motor vehicles (including the information required by subsection (d)) as the Secretary may request. (f) COLLECTION OF FEES.—If the Secretary establishes an informa- tion system under this section, the Secretary shall establish a fee system for utilization of the information system. The amount of fees collected pursuant to this subsection in any fiscal year shall as nearly as possible equal the costs of operating the information system in such fiscal year. The Secretary shall deposit fees collected under this subsection in the Highway Trust Fund (other than the Mass Transit Account). (g) FUNDING.—There shall be available to the Secretary to carry out this section not to exceed $2,000,000 from funds made available to carry out section 402 of title 23, United States Code, by the National Highway Safety Traffic Administration for each of fiscal years 1987, 1988, and 1989. Such funds shall remain available until expended. 49 u s e app. SEC. 12008. FEDERAL DISQUALIFICATIONS. 2707 (a) DRUNK DRIVING; LEAVING THE SCENE OF AN ACCIDENT; FELO- NIES.— (1) FIRST OFFENSE.— (A) GENERAL RULE.—Except as provided in subparagraph -hi/ (B) and paragraph (2), the Secretary shall disqualify from operating a commercial motor vehicle for a period of not ; '^n , / . I less than 1 year each person— (i) who is found to have committed a first violation— . j.4v.e > -i- (I) of driving a commercial motor vehicle while -•1,'r -'. . i . under the influence of alcohol or a controlled sub- stance, or ,'->v r, i ; (II) of leaving the scene of an accident involving a commercial motor vehicle operated by such person; or •''•-- (ii) who uses a commercial motor vehicle in the commission of a felony (other than a felony described in subsection QD)). (B) SPECIAL RULE.—If the vehicle operated or used in connection with the violation or the commission of the felony referred to in subparagraph (A) is transporting a hazardous material required by the Secretary to be plac- ':''•' arded under section 105 of the Hazardous Materials Y- ^ Transportation Act (49 U.S.C. App. 1804), the Secretary i. shall disqualify the person for a period of not less than 3 years. (2) SECOND OFFENSE.— ^* ... (A) GENERAL RULE.—Subject to subparagraph (B), the , J Secretary shall disqualify from operating a commercial motor vehicle for life each person— •.4jq?s ' (i) who is found to have committed more than one violation of driving a commercial motor vehicle while under the influence of alcohol or a controlled substance;
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-178 (ii) who is found to have committed more than one violation of leaving the scene of an accident involving a commercial motor vehicle operated by such person; (iii) who uses a commercial motor vehicle in the commission of more than one felony arising out of different criminal episodes; or (ivXD who is found to have committed a violation described in clause (i) or (ii), and (II) who is found to have committed a violation de- scribed in the other of such clauses or uses a commer- cial motor vehicle in the commission of a felony. (B) SPECIAL RULE.—The Secretary may issue regulations which establish guidelines (including conditions) under which a disqualification for life under subparagraph (A) may be reduced to a period of not less than 10 years. (b) CONTROLLED SUBSTANCE FELONIES.—The Secretary shall dis- qualify from operating a commercial motor vehicle for life each person who uses a commercial motor vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a con- trolled substance, or possession with intent to manufacture, distrib- ute, or dispense a controlled substance. (c) SERIOUS TRAFFIC VIOLATIONS.— (1) SECOND VIOLATION.—The Secretary shall disqualify from operating a commercial motor vehicle for a period of not less than 60 days each person who, in a 3-year period, is found to have committed 2 serious traffic violations involving a commer- cial motor vehicle operated by such person. (2) THIRD VIOLATION.—The Secretary shall disqualify from operating a commercial motor vehicle for a period of not less than 120 days each person who, in a 3-year period, is found to have committed 3 serious traffic violations involving a commer- cial motor vehicle operated by such person. (d) ENFORCEMENT OF DRINKING AND DRIVING REGULATIONS.— (1) OUT OF SERVICE.—Not later than 1 year after the date of enactment of this title, the Secretary, for purposes of enforcing section 392.5 of the Code of Federal Regulations, shall issue regulations which establish and enforce an out of service period of 24 hours for any person who violates such section. (2) VIOLATIONS OF OUT-OF-SERVICE ORDERS.—No person shall violate an out-of-service order issued under paragraph (1) of this subsection. (3) REPORTING REQUIREMENTS.—Not later than 1 year after the date of the enactment of this title, the Secretary shall issue regulations establishing and enforcing requirements for report- ing of out-of-service orders issued pursuant to regulations issued under paragraph (1). Regulations issued under this paragraph shall, at a minimum, require an operator of a commercial motor vehicle who is issued such an order to report such issuance to >«* ' "•• H his or her emplover and to the State which issued such operator his or her driver s license. (e) LIMITATION ON APPUCABIUTY.— (1) GENERAL RULE.—Notwithstanding any requirement of State and local subsections (a), (b), and (c) of this section, the Secretary does not governments. have to disqualify from operating a commercial motor vehicle any person who has been disqualified from operating a commer- cial motor vehicle in accordance with such requirement by the
100 STAT. 3207-179 PUBLIC LAW 99-570—OCT. 27, 1986 State which issued the driver's license which authorized such person to operate such vehicle. (2) SATISFACTION OF STATE DISQUALIFICATION.—For purposes of paragraph (1), suspension, revocation, or cancellation of a driver's license which authorizes a person to operate a commercial motor vehicle by a State shall be treated as disqualification of such person from operating such vehicle, (f) BLOOD ALCOHOL CONCENTRATION LEVEL.— * ~^:ii) (1) STUDY.— 7 3J (A) NATIONAL ACADEMY OF SCIENCES.—Not later than 30 days after the date of the enactment of this title, the Secretary shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the appropriateness of reducing the .^ blood alcohol concentration level at or above which a »l person when operating a commercial motor vehicle is deemed to be driving while under the influence of alcohol p y from 0.10 to 0.04 percent. (B) REPORT.—In entering into any arrangements with the j^., National Academy of Sciences for conducting the study under this subsection, the Secretary shall request the Na- tional Academy of Sciences to submit, not later than 1 year ,,^^ after the date of the enactment of this title, to the Secretary a report on the results of such study. (2) RULEMAKING.—Not later than 1 year after the date of the enactment of this title, the Secretary shall commence a rule- making to determine whether or not, for purposes of this section and section 12009 of this Act, the blood alcohol concentration level at or above which a person when operating a commercial motor vehicle is deemed to be driving while under the influence of alcohol should be reduced from 0.10 to 0.04 percent (or some other percentage less than 0.10). (3) ISSUANCE OF RULE.—Not later than 2 years after the date of the enactment of this title, the Secretary shall issue a rule which establishes, for purposes of this section and section 12009 of this Act, the blood alcohol concentration level at or above which a person when operating a commercial motor vehicle shall be deemed to be driving while under the influence of alcohol at 0.10 percent or such lesser percentage as the Sec- retary determines appropriate. (4) FAILURE OF THE SECRETARY TO ISSUE RULE.—If the Secretary does not issue a rule described in paragraph (3) in the 2-year period beginning on the date of the enactment of this title, for purposes of this section and section 12009 of this Act, the blood alcohol concentration level at or above which a person operat- ing a commercial motor vehicle shall be deemed to be driving while under the influence of alcohol shall be 0.04 percent. 49 u s e app. SEC. 12009. REQUIREMENTS FOR STATE PARTICIPATION. 2708 (a) IN GENERAL.—In order not to have funds withheld under section 12011 from apportionment, each State shall comply with the following requirements: • i t --A (1) TESTING PROGRAM.—The State shall adopt and administer .^ui-e-ij ivi a program for testing and ensuring the fitness of persons to operate commercial motor vehicles in accordance with all of the minimum Federal standards established by the Secretary under .::. section 12005(a).
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-180 (2) TEST STANDARDS.—The S t a t e shall not issue a commercial r driver's license to a person unless such person passes a w r i t t e n a n d driving test for t h e operation of a commercial motor vehicle which complies with such m i n i m u m standards. (3) D R I V I N G WHILE UNDER T H E I N F L U E N C E . — T h e S t a t e s h a l l have in effect a n d enforce a law which provides t h a t any person with a blood alcohol concentration level a t or above t h e level established by or u n d e r section 12008(f) when operating a ..-Ai commercial motor vehicle is deemed to be driving while u n d e r , t h e influence of alcohol. (4) CDL ISSUANCE A N D I N F O R M A T I O N . — T h e S t a t e s h a l l au- thorize a person t o operate a commercial motor vehicle only by issuance of a commercial driver's license which contains t h e information described in section 12006(a)(3). (5) A D V A N C E NOTIFICATION O F LICENSING.—At least 60 d a y s before issuance of a commercial driver's license or such shorter •r period as t h e Secretary m a y establish by regulation, t h e S t a t e t./ J shall notify t h e Secretary or t h e operator of t h e information system u n d e r section 12007, a s t h e case m a y be, of t h e proposed issuance of such license a n d such other information as t h e Secretary m a y require to e n s u r e identification of t h e person applying for such license. (6) INFORMATION REQUEST.—Before issuance of a commercial driver's license to a person, t h e S t a t e shall request from a n y other S t a t e which h a s issued a commercial driver's license t o such person all information p e r t a i n i n g to t h e driving record of such person. (7) NOTIFICATION O F L I C E N S I N G . — W i t h i n 30 days after issu- ance of a commercial driver's license, t h e S t a t e shall notify t h e Secretary or t h e operator of t h e information system u n d e r section 12007, as t h e case m a y be, of t h e issuance. (8) NOTIFICATION OF DISQUALIFICATIONS.—Within 10 d a y s after i disqualification of t h e holder of a commercial driver's license from operating a commercial motor vehicle (or after suspension, , , ; revocation, or cancellation of such license) for a period of 60 j days or more, t h e S t a t e shall notify— (A) t h e Secretary or t h e operator of t h e information system u n d e r section 12007, a s t h e case m a y be, and (B) t h e S t a t e which issued t h e license, of such disqualification, suspension, revocation, or cancellation. (9) NOTIFICATION O F TRAFFIC VIOLATIONS.—Within 10 days after a person w h o operates a commercial motor vehicle, w h o has a driver's license issued by a n y other State, a n d w h o violates a S t a t e or local law relating to motor vehicle traffic control (other t h a n a p a r k i n g violation) in t h e State, shall notify ei'.' a S t a t e official designated by t h e S t a t e which issued such license of such violation, within 10 days after t h e date such person is found to have committed such violation. (10) LIMITATION ON L I C E N S I N G . — T h e S t a t e shall n o t issue a an . commercial driver's license to a person d u r i n g a period in which such person is disqualified from operating a commercial motor vehicle or t h e driver's license of such person is suspended, revoked, or cancelled. (11) R E T U R N OF OLD LICENSES.—The S t a t e shall not issue a commercial driver's license to a person who h a s a commercial xii • driver's license issued by a n y other State unless such person first r e t u r n s t h e driver's license issued by such other State.
100 STAT. 3207-181 PUBLIC LAW 99-570—OCT. 27, 1986 (12) DOMICILE REQUIREMENT.—The State shall issue commer- - cial drivers' licenses only to those persons who operate or will operate commercial motor vehicles and are domiciled in the State; except that the State, in accordance with such regula- ' tions as the Secretary shall issue, may issue a commercial driver's license to a person who operates or will operate a commercial motor vehicle and who is not domiciled in a State which does issue commercial drivers' licenses. (13) PENALTY APPROVAL.—The State shall impose such pen- alties as the State determines appropriate and the Secretary approves for operating a commercial motor vehicle while not • having a commercial driver's license, while having a driver's license suspended, revoked, or cancelled, or while being dis- qualified from operating a commercial motor vehicle. ^ (14) RECIPROCITY.—The States shall allow any person— • (A) who has a commercial driver's license— - (i) which is issued by any other State in accordance J- with the minimum Federal standards for the issuance '• of such licenses, and fe (ii) which is not suspended, revoked, or cancelled; and fi; - (B) who is not disqualified from operating a commercial motor vehicle; to operate a commercial motor vehicle in the State. (15) FIRST OFFENSES.—The State shall disqualify from operat- *• ing a commercial motor vehicle for a period of not less than 1 year each person— (A) who is found to have committed a first violation— (i) of driving a commercial motor vehicle while under V' the influence of alcohol or a controlled substance, or -ohr:.. (ii) of leaving the scene of an accident involving a commercial motor vehicle operated by such person; or '- (B) who uses a commercial motor vehicle in the commis- sion of a felony (other than a felony described in paragraph (17)); '^ except that if the vehicle being operated or used in connection with such violation or the commission of such felony is transporting a hazardous material required by the Secretary to be placarded under section 105 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1804), the State shall dis- qualify such person from operating a commercial motor vehicle for a period of not less than 3 years. (16) SECOND OFFENSES.— oi: • (A) GENERAL RULE.—Subject to subparagraph (B), the State shall disqualify from operating a commercial motor vehicle for life each person— (' (i) who is found to have committed more than one violation of driving a commercial motor vehicle while under the influence of alcohol or a controlled sub- »-i" stance; • -'t'^- (ii) who is found to have committed more than one ' lorf. ; violation of leaving the scene of an accident involving a ,nsb, ..'. commercial motor vehicle operated by such person; (iii) who uses a commercial motor vehicle in the ' '^ '• " commission of more than one felony arising out of r ::.-'' different criminal episodes; or '-" • (iv)(I) who is found to have committed a violation ' j . •- .^* described in clause (i) or (ii), and
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-182 (II) who is found to have committed a violation de- scribed in the other of such clauses or uses a commer- cial motor vehicle in the commission of a felony. (B) SPECIAL RULE.—The State, in accordance with such guidelines (including conditions) as the Secretary may establish by regulation, may reduce a disqualification for life in accordance with subparagraph (A) to a period of not less than 10 years. (17) DRUG OFFENSES.—The State shall disqualify from operat- ing a commercial motor vehicle for life each person who uses a commercial motor vehicle in the commission of a felony involv- ing manufacturing, distributing, or dispensing a controlled sub- stance, or possession with intent to manufacture, distribute, or dispense a controlled substance. (18) SECOND SERIOUS TRAFFIC VIOLATION.—The State shall dis- qualify from operating a commercial motor vehicle for a period of not less than 60 days each person who, in a 3-year period, is found to have committed 2 serious traffic violations involving a commercial motor vehicle operated by such person. (19) THIRD SERIOUS TRAFFIC VIOLATION.—The State shall dis- qualify from operating a commercial motor vehicle for a period of not less than 120 days each person who, in a 3-year period, is found to have committed 3 serious traffic violations involving a commercial motor vehicle operated by such person. (20) NATIONAL DRIVER REGISTER INFORMATION.—Before issuing a commercial driver's license to operate a commercial motor vehicle to any person, the State shall request the Secretary for information from the National Driver Register established pursuant to the National Driver Register Act of 1982 (23 U.S.C. 401 note) (after such Register is determined by the Secretary to be operational)— (A) on whether such person has been disqualified from operating a motor vehicle (other than a commercial motor vehicle); / (B) on whether such person has had a license (other than a license authorizing such person to operate a commercial .1 motor vehicle) suspended, revoked, or cancelled for cause in the 3-year period ending on the date of application for such commercial driver's license; and ''^ (C) on whether such person has been convicted of any of ,, -[• the offenses specified in section 205(aX3) of such Act. The State shall give full weight and consideration to such information in deciding whether to issue a commercial driver's license to such person. (21) OUT OF SERVICE REGULATIONS.—The State shall adopt and enforce any regulations issued by the Secretary under section 12008(dXl). Ot>) SATISFACTION OF STATE DISQUALIFICATION REQUIREMENT.—A State may satisfy the requirements of subsection (a) that the State disqualify a person who operates a commercial motor vehicle if the State suspends, revokes, or cancels the driver's license issued to such person in accordance with the requirements of such subsection. (c) NOTIFICATION.—Not later than 30 days after being notified by a State of the proposed issuance of a commercial driver's license to any person, the Secretary or the operator of the information system under section 12007, as the case may be, shall notify such State of whether or not such person has a commercial driver's license issued
100 STAT. 3207-183 PUBLIC LAW 99-570—OCT. 27, 1986 by any other State or has been disqualified from operating a commercial motor vehicle by any other State or the Secretary. State and local SKC. 12010. (JRANT PKOCRAM. £rov6rn.niGnts 49 use app. (a) ESTABLISHMENT.—The Secretary may make a grant to a State 2709. in a fiscal y e a r if t h e State e n t e r s into a n a g r e e m e n t with t h e Secretary to participate in such fiscal y e a r in t h e commercial driver's license p r o g r a m established by this title a n d t h e information system required by this title a n d to comply with t h e requirements of section 12009. (b) MINIMUM AMOUNT OF GRANT.—The Secretary shall determine the amount of grants in a fiscal year to be made under this section to a State eligible to receive such grants in the fiscal year; except that— (1) such State shall not be granted less than $100,000 under this section in the fiscal year; and (2) to the extent that any States are granted more than $100,000 per State in the fiscal year under this section, the Secretary shall ensure that such States are treated equitably. (c) LIMITATION ON USE OF FUNDS.—A State receiving a grant under this section may only use the funds provided under such grant for issuing commercial driver's licenses and complying with the require- ments of section 12009. (d) CONTRACT AUTHORITY.—Notwithstanding any other provision of law, approval by the Secretary of a grant to a State under this section shall be deemed to be a contractual obligation of the United States for payment of the amount of the grant. (e) PERIOD OF AVAILABILITY.—Funds made available to carry out this section shall remain available for obligation by the State for the fiscal year for which such funds are made available. Any of such funds not obligated before the last day of such period shall no longer be available to such State and shall be available to the Secretary for carrying out the purposes of this title. Funds made available pursu- ant to this section shall remain available until expended. (f) FUNDING.—There shall be available to the Secretary to carry out this section $5,000,000 from funds made available to carry out section 404 of the Surface Transportation Assistance Act of 1982 for Post, p. 3207-186. each of fiscal years 1989,1990, and 1991. 49 u s e app. SEC. 12011. WITHHOLDING OF HIGHWAY FUNDS FOR STATE NONCOMPLI- 2710. ANCE. (a) FIRST YEAR.—The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of title 23, United States Code, on the first day of the fiscal year succeeding the first fiscal year beginning after September 30, 1992, throughout which the State does not substantially comply with any requirement of section 12009(a) of this Act. (b) AFTER THE FIRST YEAR.—The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of such title on the first day of each fiscal year after the second fiscal year beginning after September 30, 1992, throughout which the State does not substantially comply with any requirement of section 12009(a) of this Act. (c) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NON- COMPLIANCE.^ . ,
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-184 V (1) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30, 1995.— (A) PERIOD OF AVAILABILITY.—Any funds withheld under a) s this section from apportionment to any State on or before ^'"- September 30, 1995, shall remain available for apportion- ment to such State as follows: (i) If such funds would have been apportioned under section 104(b)(5)(B) of such title but for this section, 23 USC 104. such funds shall remain available until the end of the second fiscal year following the fiscal year for which such funds are authorized to be appropriated. (ii) If such funds would have been apportioned under section 104(b)(1), 104(b)(2), or 104(b)(6) of such title but for this section, such funds shall remain available until the end of the third fiscal year following the fiscal year for which such funds are authorized to be appropriated. (B) FUNDS WITHHELD AFTER SEPTEMBER 30, 1995.—No funds withheld under this subsection from apportionment to any State after September 30, 1995, shall be available for apportionment to such State. (2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLIANCE.— If, before the last day of the period for which funds withheld under this section from apportionment are to remain available for apportionment to a State under paragraph (1), the State substantially complies with all of the requirements of section 12009(a) of this Act for a period of 365 days, the Secretary shall on the day following the last day of such period apportion to such State the withheld funds remaining available for appor- tionment to such State. (3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED FUNDS.—Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end of the third fiscal year succeeding the fiscal year in which such funds are apportioned. Sums not obligated at the end of such period shall lapse or, in the case of funds apportioned under section 104(b)(5) of such title, shall lapse and be made available by the Secretary 23 USC 104. for projects in accordance with section 118(b) of such title. 23 USC 118. (4) EFFECT OF NONCOMPLIANCE.—If, at the end of the period for which funds withheld under this section from apportionment are available for apportionment to a State under paragraph (1), the State has not substantially complied with all of the require- ments of section 12009(a) of this Act for a 365-day period, such funds shall lapse or, in the case of funds withheld from appor- tionment under section 104(b)(5) of such title, such funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b) of such title. SEC. 12012. PENALTIES. (a) NOTICE OF VIOLATION.—Paragraph (1) of section 521(b) of title 49, United States Code, is amended by inserting "or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Ve- hicle Safety Act of 1986" after "the Motor Carrier Safety Act of 1984" and by striking out "section" the second place it appears and inserting in lieu thereof "sections". (b) CIVIL PENALTIES.—Paragraph (2) of such section is amended, by inserting "(A) IN GENERAL.—" before "Except as", by inserting "(other than subparagraph (B))" before ", except for recordkeeping
100 STAT. 3207-185 PUBLIC LAW 99-570—OCT. 27, 1986 violations", and by striking out the last two sentences and inserting in lieu thereof the following: Claims. "(B) VIOLATIONS PERTAINING TO CDLS.—Any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act which is a violation of section 12002, 12003, 12004, 120050?), or 12008(d)(2) of the Commercial ' s ::eg Motor Vehicle Safety Act of 1986 shall be liable to the United States for a civil penalty not to exceed $2,500 for each offense. "(C) DETERMINATION OF AMOUNT.—The amount of any civil penalty, and a reasonable time for abatement of the violation, shall by written order be determined by the Secretary, taking into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the violator, the degree of culpability, history of prior offenses, ability to pay, effect on abilit}^ to continue to do business, and such other matters as justice and public safety may require. In each case, the assessment shall be calculated to induce further compliance.". (c) POSTING OF NOTICE.—Paragraph (3) of such section is amended by inserting "or section 12002, 12003, 12004, or 120050?) of the Commercial Motor Vehicle Safety Act of 1986" after "the Motor Carrier Safety Act of 1984". (d) OUT OF SERVICE ORDERS.—Paragraph (5XA) of such section is amended by inserting "or section 12002, 12003, 12004, or 120050)) of the Commercial Motor Vehicle Safety Act of 1986" after "the Motor Carrier Safety Act of 1984" and by striking out "section" the second place it appears and inserting in lieu thereof "sections". (e) CRIMINAL PENALTIES.—Paragraph (6) of such section is amended by inserting "(A) IN GENERAL.—" before "Any person" and by adding at the end thereof the following: "(B) VIOLATIONS PERTAINING TO CDLS.—Any person who know- ingly and willfully violates— "(i) any provision of section 12002, 12003(b), 12003(c), 12004, 12005(b), or 12008(dX2) of the Commercial Motor Vehicle Safety Act of 1986 or a regulation issued under such section, or "(ii) with respect to notification of a serious traffic viola- tion as defined under section 12019 of such Act, any provi- sion of section 12003(a) of such Act or a regulation issued under such section 12003(a), shall, upon conviction, be subject for each offense to a fine not to exceed $5,000 or imprisonment for a term not to exceed 90 days, or both.". (f) CONFORMING AMENDMENTS.—(1) Paragraph (2) of such section is amended by inserting "CIVIL PENALTY.—" after "(2)", by indenting subparagraph (A), as designated by subsection 0)) of this section, and aligning such subparagraph with subparagraph (B), as added by such subsection (b). (2) Paragraph (6) of such section is amended by inserting "CRIMI- NAL PENALTIES.—" after "(6)" and by indenting subparagraph (A), as designated by subsection (e) of this section, and aligning such subparagraph with subpareigraph (B), as added by such sub- section (e). (g) TECHNICAL AMENDMENTS.—(1) Paragraph (6) of such section is further amended by striking out "for a fine" and inserting in lieu thereof "to a fine", •-v.i v-'t»<s "^vr-q- -^-^iu-.-nM :iar:: :*>•••;,:?'<
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-186 (2) Paragraph (13) of such section is amended by striking out "section 4" and inserting in lieu thereof "section 204". SEC. 12013. WAIVER AUTHORITY. Notwithstanding any other provision of this title, after notice and 49 u s e app. an opportunity for comment, the Secretary may waive, in whole or 2711. in part, application of any provision of this title or any regulation issued under this title with respect to class of persons or class of commercial motor vehicles if the Secretary determines that such waiver is not contrary to the public interest and does not diminish the safe operation of commercial motor vehicles. Any waiver under Federal this section shall be published in the Federal Register, together with Register, reasons for such waiver. publication. SEC. 12014. COMMERCIAL MOTOR VEHICLE SAFETY GRANTS. Section 404 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. 2304) is amended to read as follows: AUTHORIZATIONS "SEC. 404. (a)(1) To carry out the purposes of section 402 of this 49 USC app. title, there is authorized to be appropriated out of the Highway 2^^J^-„„ Trust Fund (other than the Mass Transit Account) $10,000,000 for JJ_¥ ^^^' fiscal year 1984, $20,000,000 for fiscal year 1985, and $30,000,000 for ^^"''• fiscal year 1986. "(2) Subject to section 9503(c)(1) of the Internal Revenue Code of 1986, there shall be available to the Secretary to incur obligations to carry out section 402 of this title, out of the Highway Trust Fund (other than the Mass Transit Account), $50,000,000 per fiscal year for each of fiscal years 1987 and 1988 and $60,000,000 per fiscal year for each of fiscal years 1989,1990, and 1991. "(b) Funds authorized to be appropriated, and funds made avail- State and local able, by this section shall be used to reimburse States pro rata for governments. the Federal share of the costs incurred. , ,, ^ "(c) Grants made pursuant to the authority of this part shall be for periods not to exceed one year. "(d) Notwithstanding any other provision of law, beginning after Grants. September 30, 1986, approval by the Secretary of a grant to a State under section 402 shall be deemed a contractual obligation of the United States for payment of the Federal share of the costs incurred by such State in development or implementation or both of pro- grams to enforce commercial motor vehicle rules, regulations, stand- ards, and orders. ,. "(e) Funds authorized to be appropriated, and funds made avail- able, to carry out this section shall remain available for obligation by the Secretary for the fiscal year for which such funds are authorized or made available, as the case may be, and the three succeeding fiscal years. "(f) On October 1 of each fiscal year beginning after September 30, 1986, the Secretary may deduct, from funds made available for such fiscal year by subsection (a)(2), an amount not to exceed one-half of one percent of the amount of such funds for administering section 402 of this title in such fiscal year.". SEC. 12015. TRUCK BRAKE REGULATIONS. 49 USC app. 2712 Not late than the 90th day after the date of the enactment of this title, the Secretary shall revise the regulations of the Administrator of the Federal Highway Administration contained in section
100 STAT. 3207-187 PUBLIC LAW 99-570—OCT. 27, 1986 393.42(c) of title 49 of the Code of Federal Regulations to require trucks and truck tractors manufactured after July 24, 1980, to have brakes operating on all wheels. The Secretary may provide for a .^. delayed effective date (not exceeding 1 year) for trucks and truck ^ ^'^'', tractors manufactured after July 24, 1980, and before such date of enactment. 49USCapp. SEC. 12016. RADAR DEMONSTRATION PROJECT. vr ' ^ 2713. State and local (^^ PROJECT DESCRIPTION.—Notwithstanding any other provision governments. of law, the Secretary, in cooperation with State and local law enforcement officials, shall conduct a demonstration project to assess the benefits of continuous use of unmanned radar equipment on highway safety on a section of highway with a high rate of motor vehicle accidents. Such project shall be conducted in northern Ken- tucky on a hilly section of Interstate Route 1-75 between Fort Mitchell and the Brent Spence Bridge over the Ohio River during the 24-month period beginning on the date of the enactment of this title, (b) REPORTS.— '' (1) INTERIM REPORT.—Not later than 18 months after the date I I of the enactment of this title, the Secretary shall transmit to Congress an interim report on the results of the demonstration project conducted under subsection (a), together with any rec- -i ommendations on whether or not to extend the duration of such ! demonstration project and whether or not to expand the scope r of such project. (2) FINAL REPORT.—Not later than 60 days after completion of the demonstration project conducted under subsection (a), the Secretary shall transmit to Congress a final report on the . results of such project, together with any such recommendations. i ,, 49USCapp. SEC. 12017. LIMITATION ON STATUTORY CONSTRUCTION. 2714 Nothing in this title shall be construed to diminish, limit, or f,., , otherwise affect the authority of the Secretary to regulate commer- cial motor vehicle safety involving motor vehicles with a gross vehicle weight rating of less than 26,001 pounds or such lesser gross vehicle weight rating as determined appropriate by the Secretary under section 12019(6)(A) of this Act. is-P . ; 49USCapp. SEC. 12018. REGULATIONS. 2715 (a) AUTHORITY To ISSUE.—The Secretary may issue such regula- tions as may be necessary to carry out this title. (b) COMPLIANCE WITH TITLE 5.—All regulations under this title shall be issued in accordance with section 553 of title 5, United States Code (without regard to sections 556 and 557 of such title). 49 u s e app. SEC. 12019. DEFINITIONS. 971 fi For purposes of this title— (1) ALCOHOL.—The term "alcohol" has the meaning the term alcoholic beverage has under section 158(c) of title 23, United ,. ,-, States Code. "•"';* (2) DRIVER'S LICENSE.—The term "driver's license" means a £ license issued by a State to an individual which authorizes the "i individual to operate a motor vehicle on highways. £iw;.„. (3) COMMERCE.—The term "commerce" means— ^v
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-188 (A) trade, traffic, and transportation within the jurisdic- tion of the United States between a place in a State and a place outside of such State (including a place outside the United States); and (B) trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation de- qq- ^J&y„ *; scribed in subparagraph (A). '"* ' (4) COMMERCIAL DRIVER'S LICENSE.—The term "commercial driver's license" means a license issued by a State to an individ- ual which authorizes the individual to operate a class of commercial motor vehicle. (5) MOTOR VEHICLE.—The term "motor vehicle" means a ve- hicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used and on highways, except that such term does not include a vehicle, machine, tractor, trailer, semitrailer operated exclusively on a rail. (6) COMMERCIAL MOTOR VEHICLE.—The term "commercial motor vehicle" means a motor vehicle used in commerce to transport passengers or property— (A) if the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such a lesser gross vehicle weight rating as the Secretary determines appropriate by regula- tion but not less than a gross vehicle weight rating of 10,001 pounds; (B) if the vehicle is designed to transport more than 15 passengers, including the driver; or (C) if such vehicle is used in the transportation of mate- rials found by the Secretary to be hazardous for the pur- poses of the Hazardous Materials Transportation Act. 49 USC app. 1801 A motor vehicle which is used in the transportation of hazard- note. ous materials and which has a gross vehicle weight rating of less than 26,001 pounds (or such gross vehicle weight rating as determined appropriate by the Secretary under subparagraph (A)) shall not be included as a commercial motor vehicle pursu- ant to subparagraph (C) if such hazardous material is listed as hazardous pursuant to section 306(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9656(a)) and is not otherwise regulated by the Department of Transportation or if such hazardous material is a consumer commodity or limited quantity hazardous material as defined under section 171.8 of title 49 of the Code of Federal Regulations. The Secretary may waive the application of the preceding sentence to any motor vehicle or class of motor vehicles if the Secretary determines that such waiver is in the interest of safety. (7) CONTROLLED SUBSTANCE.—The term "controlled substance" has the meaning such term has under section 102 of the Con- trolled Substances Act (21 U.S.C. 802). (8) EMPLOYEE.—The term "employee" means an operator of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle) who is employed by an employer. (9) EMPLOYER.—The term "employer" means any person (including the United States, a State, or a political subdivision of a State) who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle.
100 STAT. 3207-189 PUBLIC LAW 99-570—OCT. 27, 1986 (10) FELONY.—The term "felony" means an offense under State or Federal law that is punishable by death or imprison- ment for a term exceeding 1 year. (11) HAZARDOUS MATERIAL.—The term "hazardous material" has the meaning such term has under section 103 of the Hazard- 49 use app. ous Materials Transportation Act. 1802. (12) SERIOUS TRAFFIC VIOLATION.—The term "serious traffic violation" means— (A) excessive speeding, as defined by the Secretary by regulation; (B) reckless driving, as defined under State or local law; (C) a violation of a State or local law relating to motor vehicle traffic control (other than a parking violation) aris- ing in connection with a fatal traffic accident; and (D) any other similar violation of a State or local law relating to motor vehicle traffic control (other than a park- Is £.v ing violation) which the Secretary determines by regulation - * is serious. (13) SECRETARY.—The term "Secretary" means the Secretary of Transportation. (14) STATE.—The term "State" means a State of the United States and the District of Columbia. (15) UNITED STATES.—The term "United States" means the 50 States and the District of Columbia. TITLE XIII—CYANIDE WRONGFUL USE '^ SEC. 13001. STUDY AND REPORT. ''' (a) STUDY.—The Administrator of the Environmental Protection Agency shall conduct a study of the manufacturing and distribution process of cyanide with a view to determining methods, procedures, or other actions which might be taken, employed, or otherwise carried out in connection with such manufacturing and distribution in order to safeguard the public from the wrongful use of cyanide. (b) MATTERS TO B E INCLUDED.—Such study shall include, among other matters, the following: (1) a determination of the sources of cyanide, including the name and location of each manufacturer thereof; (2) an evaluation of the means and methods utilized by the manufacturer and others in the distribution of cyanide, includ- ing the name and location of each such distributor; (3) an evaluation of the procedures employed in connection with the selling, at the wholesale and retail level, of cysmide, including a determination as to whether or not persons selling cyanide require the intended purchaser to identify himself or herself; (4) a determination as to the extent to which recordkeeping requirements are imposed on, or carried out by, manufacturers of cyanide with respect to the specifications of each lot of cyanide produced by such manufacturer; (5) a determination as to the feasibility and desirability of establishing a central registry of all lot specifications of cyanide for the purpose of providing quick access to investigative and law enforcement agencies;
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-190 (6) a consideration and review of all aspects of the matter of interstate versus intrastate to the extent that it involves the manufacturing, distribution, or use of cyanide; ,, (7) a determination as to the feasibility and desirability of requiring manufacturers of cyanide to color all such cyanide with a distinctive color so that the consuming public can more readily identify products laced with cyanide; (8) a determination as to the feasibility and desirability of requiring limited-access storage for cyanide at universities, lab- oratories, and other institutions that use cyanide for research or other purposes; and (9) a determination as to the feasibility and desirability of issuing regulations to require any person who sells or otherwise transfers, at a retail level, any cyanide to record such sale or transfer, including the identity of the person purchasing or otherwise receiving such cyanide, the address of such person, and the intended use of such cyanide. Such records shall be available for such use, and retained for such period, as the aforementioned Administrator shall by regulation require. (c) REPORT.—On or before the expiration of the 180-day period following the date of the enactment of this section, the Adminis- trator of the Environmental Protection Agency shall report the results of such study to the Congress, together with his or her recommendations with respect thereto. (d) DEFINITIONS.—As used in this section, the term— (1) "person" means any individual, corporation, partnership, or other entity; and (2) "cyanide" means sodium cyanide, potassium cyanide or any other toxic cyanide compound. (e) AUTHORIZATION.—There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. TITLE XIV—SENATE POLICY REGARDING FUNDING SEC. 14001. STATEMENT OF POLICY. (a) The Senate finds that— (1) there is an urgent critical need for funds to carry out the programs and activities authorized by the preceding provisions of this Act in order to ensure a drug free America; (2) this Act is the result of a bipartisan effort to combat our national drug abuse problem; and (3) only the exceptional nature of the drug abuse problem warrants the expenditure of funds in excess of otherwise ap- plicable budget limitations. (b) Therefore, it is the sense of the Senate that— (1) amounts authorized to carry out the preceding provisions of this Act should be provided as new budget authority for fiscal year 1987 in H.J. Res. 738 (99th Congress, 2d Session); and Ante., p. 1783; (2) such amounts should not be provided through transfers post, p. 3341. from, or reductions in, any amount appropriated by such joint resolution for any other program, project, or activity for such fiscal year.
100 STAT. 3207-191 PUBLIC LAW 99-570—OCT. 27, 1986 National Forest TITLE XV—NATIONAL FOREST SYSTEM DRUG CONTROL System Drug Control SEC. 15001. SHORT TITLE. Act of 1986. 16 u s e 559b This title may be cited as the 'National Forest System Drug note. Control Act of 1986". 16 u s e 559b. SEC. 15002. PURPOSE. (a) The purpose of this title is to authorize the Secretary of Agriculture (hereinafter in this title referred to as the "Secretary") to take actions necessary, in connection with the administration and use of the National Forest System, to prevent the manufacture, distribution, or dispensing of marijuana and other controlled substances. (b) Nothing in this title shall diminish in any way the law enforcement authority of the Forest Service. (c) As used in this title, the terms "manufacture", "dispense", and "distribute" shall have the same meaning given such terms in section 102 of the Controlled Substances Act (21 U.S.C. 802). 16 u s e 559c. SEC. 15003. POWERS. For the purposes of this title, if specifically designated by the Secretary and specially trained, not to exceed 500 officers and employees of the Forest Service when in the performance of their duties shall have authority within the boundaries of the National Forest System to— (1) carry firearms; (2) conduct investigations of violations of and enforce section Post, p. 3207-192. 401 of Controlled Substances Act (21 U.S.C. 841) and other criminal violations relating to marijuana and other controlled substances that are manufactured, distributed, or dispensed on National Forest System lands; (3) make arrests with a warrant or process for misdemeanor violations, or without a warrant or process for violations of such misdemeanors that any such officer or employee has probable cause to believe are being committed in his presence or view, or for a felony with a warrant or without a warrant if he has probable cause to believe that the person to be arrested has committed or is committing such felony; * (4) serve warrants and other process issued by a court or "^ officer of competent jurisdiction; (5) search with or without warrant or process any person, ^ place, or conveyance according to Federal law or rule of law; and (6) seize with or without warrant or process any evidentiary item according to Federal law or rule of law. 16 u s e 559d. SEC. 15004. COOPERATION. For the purposes of this title, in exercising the authority provided by section 15003— (1) the Forest Service shall cooperate with any other Federal law enforcement agency having primary investigative jurisdic- tion over the offense committed; and State and local (2) the Secretary may authorize the Forest Service to co- governments. operate with the law enforcement officials of any Federal agency. State, or political subdivision in the investigation of violations of and enforcement of section 401 of the Controlled Post, p. 3207-192. Substances Act (21 U.S.C. 841), other laws and regulations
PUBLIC LAW 99-570—OCT. 27, 1986 100 STAT. 3207-192 ' relating to marijuana and other controlled substances, and State drug control laws or ordinances, within the boundaries of the National Forest System. SEC. 1500.5. PENALTY. Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end thereof the following subsection: • ' "(e)(1) Any person who assembles, maintains, places, or causes to be placed a boobytrap on Federal property where a controlled substance is being manufactured, distributed, or dispensed shall be sentenced to a term of imprisonment for not more than 10 years and shall be fined not more than $10,000. "(2) If any person commits such a violation after 1 or more prior , . y j ;. convictions for an offense punishable under this subsection, such <. K« person shall be sentenced to a term of imprisonment of not more than 20 years and shall be fined not more than $20,000. "(3) For the purposes of this subsection, the term 'boobytrap' means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of any unsuspecting person making contact with the device. Such term includes guns, ammuni- tion, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, and lines or wires with hooks attached.". SEC. 15006. AUTHORIZATION OF APPROPRIATIONS. 16 USC 559e. There is authorized to be appropriated $10,000,000 for each fiscal year to carry out this title. SEC. 15007. APPROVAL OF SECRETARY OF AGRICULTURE AND ATTORNEY 16 USC 559f. GENERAL. The authorities conferred herein shall be exercised pursuant to an agreement approved by the Secretary of Agriculture and the Attorney General. Approved October 27, 1986. LEGISLATIVE HISTORY—H.R. 5484 (S. 1903): SENATE REPORTS: No. 99-411 accompanying S. 1903 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 10, 11, considered and passed House. Sept. 26, 27, 30, considered and pased Senate, amended. Oct. 8, House concurred in Senate amendments with an amendment. Oct. 10, 14, 15, Senate concurred in House amendments with amendments. Oct. 17, House concurred in Senate amendments with an amendment; Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 27, Presidential statement and remarks.