• »
"(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 2291-122 USC 2291-122 USC 2291-122 USC 2291-122 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 ' 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-342 USC 300x-342 USC 300x-342 USC 300x-342 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-l42 USC 300y-l42 USC 300y-l42 USC 300y-l42 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-242 USC 300y-242 USC 300y-242 USC 300y-242 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-l42 USC 290aa-l42 USC 290aa-l42 USC 290aa-l42 USC 290aa-l.
(2) Section 503(d) is amended— 42 USC 290aa-242 USC 290aa-242 USC 290aa-242 USC 290aa-242 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-942 USC 290aa-942 USC 290aa-942 USC 290aa-942 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-342 USC 290aa-342 USC 290aa-342 USC 290aa-342 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-342 USC 290aa-342 USC 290aa-342 USC 290aa-342 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-342 U.S.C.
290aa-342 U.S.C.
290aa-342 U.S.C.
290aa-342 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•••;,:?'<
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.