Anti-Drug Abuse Act of 1986
PL 99-570 (H.R.5484), enacted 10/27/1986

PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207 
*PublicLaw 99-570 
• 
99th Congress 
An Act 
To strengthen Federal efforts to encourage foreign cooperation in eradicating illicit 
drug crops and in halting international drug traffic, to improve enforcement of 
Federal drug laws and enhance interdiction of illicit drug shipments, to provide 
Oct. 27, 1986 
strong Federal leadership in establishing effective drug abuse prevention and 
[H.R. 5484] 
education programs, to expemd Federal support for drug abuse treatment and 
rehabilitation efforts, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Anti-Drug Abuse 
Art of 1986 
SECTION 1. SHORT TITLE. 
21 USC 80l' note. 
This Act may be cited as the "Anti-Drug Abuse Act of 1986". 
SEC. 2. ORGANIZATION OF ACT. 
This Act is organized as follows: 
TITLE I—ANTI-DRUG ENFORCEMENT 
Subtitle A—Narcotics Penalties and Enforcement Act of 1986 
Subtitle B—Drug Possession Penalty Act of 1986 
Subtitle C—Juvenile Drug Trafficking Act of 1986 
Subtitle D—Assets Forfeiture Amendments Act of 1986 
Subtitle E—Controlled Substance Analogue Enforcement Act of 1986 
Subtitle F—Continuing Drug Enterprise Act of 1986 
Subtitle G—Controlled Substances Import and Export Act Penalties Enhancement 
Act of 1986 
, ., 
Subtitle H—Money Laundering Control Act of 1986 
Subtitle I—Armed Career Criminals 
Subtitle J—Authorization of Appropriations for Drug Law Enforcement 
Subtitle K—State and Local Narcotics Control Assistance 
Subtitle L—Study on the Use of Existing Federal Buildings as Prisons 
Subtitle M—Narcotics Traffickers Deportation Act 
Subtitle N—Freedom of Information Act 
Subtitle O—Prohibition on the Interstate Sale and Transportation of Drug 
Paraphernalia 
Subtitle P—Manufacturing Operations 
Subtitle Q—Controlled Substances Technical Amendments 
Subtitle R—FVecursor and Essential Chemical Review 
Subtitle S—White House Conference for a Drug Free America 
Subtitle T—Common Carrier Operation Under the Influence of Alcohol or Drugs 
Subtitle U—Federal Drug Law Enforcement Agent Protection Act of 1986 
•Note: This is a subsequently typeset print of the hand enrollment which was signed 
by the President on October 27, 1986. 
100 STAT. 3207-1 
PUBLIC LAW 99-570—OCT. 27, 1986 
TITLE II—INTERNATIONAL NARCOTICS CONTROL 
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TITLE III—INTERDICTION 
Subtitle A—Department of Defense Drug Interdiction Assistance 
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Subtitle B—Customs Enforcement 
Subtitle C—Maritime Drug Law Enforcement Prosecution Improvements Act of 
1986 
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• • -- ' 
• 
Subtitle D—Coast Guard 
V^ 
Subtitle E—United States Bahamas Drug Interdiction Task Force 
Subtitle F—Command, Control, Communications, and Intelligence Centers 
^ 
Subtitle G—Transportation Safety 
Subtitle H—Department of Justice Funds for Drug Interdiction Operation in Hawaii 
Subtitle I—Federal Communications Commission 
. 
,. 
s ». 
TITLE IV—DEMAND REDUCTION 
. ^ . ^ * ' 
Subtitle A—Treatment and Rehabilitation 
Subtitle B—Drug-Free Schools and Communities Act of 1986 
Subtitle C—Indians and Alaska Natives 
"
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Subtitle D—Miscellaneous Provisions 
TITLE V—UNITED STATES INSULAR AREAS AND NATIONAL PARKS 
Subtitle A—Programs in United States Insular Areas 
Subtitle B—National Park Service Program 
TITLE VI—FEDERAL EMPLOYEE SUBSTANCE ABUSE EDUCATION AND 
TREATMENT 
TITLE VII—NATIONAL ANTIDRUG REORGANIZATION AND COORDINATION 
TITLE VIII—PRESIDENT'S MEDIA COMMISSION ON ALCOHOL AND DRUG 
ABUSE PREVENTION 
TITLE IX—DENIAL OF TRADE BENEFITS TO UNCOOPERATIVE MAJOR 
e.5 
DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES 
TITLE X—BALLISTIC KNIFE PROHIBITION 
TITLE XI—HOMELESS ELIGIBILITY CLARIFICATION ACT 
-iii ; ii 
Subtitle A—Emergency Food for the Homeless 
9 . -, "
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Subtitle B—Job Training for the Homeless 
Subtitle C—Entitlements Eligibility 
TITLE XII—COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 
TITLE XIII—CYANIDE WRONGFUL USE 
TITLE XIV—SENATE POLICY CONCERNING FUNDING 
• 
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S . , 
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TITLE XV—NATIONAL FOREST SYSTEM DRUG CONTROL 
21 u s e 801 note. 
SEC. 3. COMPLIANCE WITH BUDGET ACT. 
Notwithstanding any other provision of this Act, any spending 
authority and any credit authority provided under this Act shall be 
effective for any fiscal year only to such extent or in such amounts 
as are provided in appropriation Acts. For purposes of this Act, the 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-2 
term "spending authority" has the meaning provided in section 
401(cX2) of the Congressional Budget Act of 1974 and the term 2 use 651. 
"credit authority" has the meaning provided in section 3(10) of the 
Congresssional Budget Act of 1974. 
2 USC 622. 
TITLE I—ANTI-DRUG ENFORCEMENT 
Subtitle A—Narcotics Penalties and Enforcement Act of 1986 
Narcotics 
Penalties and 
SEC. 1001. SHORT TITLE. 
^^^^'"^^^ A'^* 
of 1986. 
This subtitle may be cited as the "Narcotics Penalties and 21 USC 801 note. 
Enforcement Act of 1986". 
SEC. 1002. CONTROLLED SUBSTANCES ACT PENALTIES. 
Section 401(bXl) of the Controlled Substances Act (21 U.S.C. 
841(bXl)) is amended— 
(1) by redesignating subparagraph (C) as subparagraph (D); 
and 
(2) by striking out subparagraphs (A) and (B) and inserting the 
following in lieu thereof: 
"(IXA) In the case of a violation of subsection (a) of this section 
involving— 
"(i) 1 kilogram or more of a mixture or substance containing a 
detectable amount of heroin; 
"(ii) 5 kilograms or more of a mixture or substance containing 
a detectable amount of— 
"(I) coca leaves, except coca leaves and extracts of coca 
leaves from which cocaine, ecgonine, and derivatives of 
J :>i> 
ecgonine or their salts have been removed; 
to 
"(II) cocaine, its salts, optical and geometric isomers, and 
salts of isomers; 
iMii 
"(III) ecgonine, its derivatives, their salts, isomers, and 
salts of isomers; or 
j.5 3 
"(IV) any compound, mixture, or preparation which con-
tains any quantity of any of the substance referred to in 
subclauses (I) through (III);"; 
"(iii) 50 grams or more of a mixture or substance described in 
clause (ii) which contains cocaine base; 
"(iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram 
or more of a mixture or substance containing a detectable 
amount of phencyclidine (PCP); 
"(v) 10 grams or more of a mixture or substance containing a 
detectable amount of lysergic acid diethylamide (LSD); 
"(vi) 400 grams or more of a mixture or substance containing 
a 
detectable 
amount 
of 
N-phenyl-N-[l-(2-phenylethyl>4-
" 
piperidinyl] propanamide or 100 grams or more of a mixture or 
substsmce containing a detectable amount of any analogue of 
N-phenyl-N-[l-(2-phenylethyl)-4-piperidinyl] propanamide; or 
i
" 
(vii) 1000 kilograms or more of a mixture or substance 
containing a detectable amount of marihuana; 
such person shall be sentenced to a term of imprisonment which 
may not be less than 10 years or more than life and if death or 
serious bodily injury resulte from the use of such substance shall be 
not less than 20 years or more than life, a fine not to exceed the 
greater of that authorized in accordance with the provisions of title 
18, United States Code, or $4,000,000 if the defendant is an individ-
ual or $10,000,000 if the defendant is other than an individual, or 
100 STAT. 3207-3 
PUBLIC LAW 99-570—OCT. 27, 1986 
both. If any person commits such a violation after one or more prior 
convictions for an offense punishable under this paragraph, or for a 
felony under any other provision of this title or title III or other law 
? 
of a State, the United States, or a foreign country relating to 
narcotic drugs, marihuana, or depressant or stimulant substances, 
have become final, such person shall be sentenced to a term of 
imprisonment which may not be less than 20 years and not more 
= t 
than life imprisonment and if death or serious bodily injury results 
from the use of such substance shall be sentenced to life imprison-
ment, a fine not to exceed the greater of twice that authorized in 
^t , 
accordance with the provisions of title 18, United States Code, or 
$8,000,000 if the defendant is an individual or $20,000,000 if the 
defendant is other than an individual, or both. Any sentence under 
this subparagraph shall, in the absence of such a prior conviction, 
impose a term of supervised release of at least 5 years in addition to 
such term of imprisonment and shall, if there was such a prior 
conviction, impose a term of supervised release of at least 10 years 
in addition to such term of imprisonment. Notwithstanding any 
other provision of law, the court shall not place on probation or 
suspend the sentence of any person sentenced under this subpara-
graph. No person sentenced under this subparagraph shall be eli-
gible for parole during the term of imprisonment imposed therein. 
"(B) In the case of a violation of subsection (a) of this section 
involving— 
"(i) 100 grams or more of a mixture or substance containing a 
detectable amount of heroin; 
"(ii) 500 grams or more of a mixture or substance containing a 
detectable amount o
f
— 
"(I) coca leaves, except coca leaves and extracts of coca 
leaves from which cocaine, ecgonine, and derivatives of 
ecgonine or their salts have been removed; 
i 
"(II) cocaine, its salts, optical and geometric isomers, and 
salts of isomers; 
A 
"(III) ecgonine, its derivatives, their salts, isomers, and 
f 
salts of isomers; or 
"(IV) any compound, mixture, or preparation which con-
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t tains any quantity of any of the substance referred to in 
subclauses (I) through (III);"; 
iji 
"(iii) 5 grams or more of a mixture or substance described in 
i;K clause (ii) which contains cocaine base; 
"(iv) 10 grams or more of phencyclidine (PGP) or 100 grams or 
more of a mixture or substance containing a detectable amount 
of phencyclidine (PCP); 
(v) 1 gram or more of a mixture or substance containing a 
detectable amount of lysergic acid diethylamide (LSD); 
"(vi) 40 grams or more of a mixture or substance containing a 
detectable 
amount 
of 
N-phenyl-N-[l-(2-phenylethyl)-4-
piperidinyl] propanamide or 10 grams or more of a mixture or 
//^' substance containing a detectable amount of any analogue of 
N-phenyl-N-[l-(2-phenylethyl)-4-piperidinyl] propanamide; or 
"(vii) 100 kilograms or more of a mixture or substance 
containing a detectable amount of marihuana; 
such person shall be sentenced to a term of imprisonment which 
may not be less than 5 years and not more than 40 years and if 
death or serious bodily injury results from the use of such substcince 
shall be not less than 20 years or more than life, a fine not to exceed 
the greater of that authorized in accordance with the provisions of 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-4 
title 18, United States Code, or $2,000,000 if the defendant is an 
individual or $5,000,000 if the defendant is other than an individual, 
or both. If any person commits such a violation after one or more 
prior convictions for an offense punishable under this paragraph, or 
for a felony under any other provision of this title or title III or 
21 USC 951. 
other law of a State, the United States, or a foreign country relating 
to narcotic drugs, marihuana, or depressant or stimulant sub-
stances, have become final, such person shall be sentenced to a term 
of imprisonment which may not be less than 10 years and not more 
than life imprisonment and if death or serious bodily injury results 
from the use of such substance shall be sentenced to life imprison-
ment, a fine not to exceed the greater of twice that authorized in 
accordance with the provisions of title 18, United States Code, or 
$4,000,000 if the defendant is an individual or $10,000,000 if the 
defendant is other than an individual, or both. Any sentence im-
posed under this subparagraph shall, in the absence of such a prior 
conviction, include a term of supervised release of at least 4 years in 
addition to such term of imprisonment and shall, if there was such a 
prior conviction, include a term of supervised release of at least 8 
years in addition to such term of imprisonment. Notwithstanding 
any other provision of law, the court shall not place on probation or 
suspend the sentence of any person sentenced under this subpara-
graph. No person sentenced under this subparagraph shall be eli-
gible for parole during the term of imprisonment imposed therein. 
"(C) In the case of a controlled substance in schedule I or II except 
as provided in subparagraphs (A), (B), and (D), such person shall be 
sentenced to a term of imprisonment of not more than 20 years and 
if death or serious bodily injury results from the use of such 
substance shall be sentenced to a term of imprisonment of not less 
than twenty years or more than life, a fine not to exceed the greater 
of that authorized in accordance with the provisions of title 18, 
United States Code, or $1,000,000 if the defendant is an individual or 
$5,000,000 if the defendant is other than an individual, or both. If 
any person commits such a violation after one or more prior convic-
tions for an offense punishable under this paragraph, or for a felony 
under any other provision of this title or title III or other law of a 
State, the United States or a foreign country relating to narcotic 
drugs, marihuana, or depressant or stimulant substances, have 
become final, such person shall be sentenced to a term of imprison-
ment of not more than 30 years and if death or serious bodily injury 
results from the use of such substance shall be sentenced to life 
imprisonment, a fine not to exceed the greater of twice that au-
thorized in accordance with the provisions of title 18, United States 
Code, or $2,000,000 if the defendant is an individual or $10,000,000 if 
the defendant is other than an individual, or both. Any sentence 
imposing a term of imprisonment under this paragraph shall, in the 
absence of such a prior conviction, impose a term of supervised 
release of at least 3 years in addition to such term of imprisonment 
and shall, if there was such a prior conviction, impose a term of 
supervised release of at least 6 years in addition to such term of 
imprisonment. Notwithstanding any other provision of law, the 
court shall not place on probation or suspend the sentence of any 
person sentenced under the provisions of this subparagraph which 
provide for a mandatory term of imprisonment if death or serious 
bodily injury results, nor shall a person so sentenced be eligible for 
parole during the term of such a sentence.". 
100 STAT. 3207-5 
PUBLIC LAW 99-570—OCT. 27, 1986 
SEC. 1003. OTHER AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT. 
(a) Section 401 of the Controlled Substances Act (21 U.S.C. 841) is 
further amended as follows: 
(1) In subsection (b), paragraph (IXD), as redesignated, is 
amended by— 
(A) striking out "a fine of not more than $50,000" and 
inserting in lieu thereof "a fine not to exceed the greater of 
that authorized in accordance with the provisions of title 
18, United States Code, or $250,000 if the defendant is an 
individual or $1,000,000 if the defendant is other than an 
individual"; 
(B) striking out "a fine of not more than $100,000" and 
inserting in lieu thereof "a fine not to exceed the greater of 
twice that authorized in accordance with the provisions of 
title 18, United States Code, or $500,000 if the defendant is 
an individual or $2,000,000 if the defendant is other than an 
individual"; and 
i^ 
(C) inserting "except in the case of 100 or more mari-
^ 
huana plants regardless of weight," after "marihuana," the 
'
^ 
first 
place it appears. 
(2) In subsection (b), paragraph (2) is amended by striking out 
"a fine of not more than $25,000" and inserting in lieu thereof 
"a fine not to exceed the greater of that authorized in accord-
ance with the provisions of title 18, United States Code, or 
$250,000 if the defendant is an individual or $1,000,000 if the 
\ 
defendant is other than an individual", and by striking out "a 
fine of not more than $50,000" and inserting in lieu thereof "a 
fine not to exceed the greater of twice that authorized in 
accordance with the provisions of title 18, United States Code, 
or $500,000 if the defendant is an individual or $2,000,000 if the 
defendant is other than an individual". 
(3) In subsection Ot)), paragraph (3) is amended by striking out 
"a fine of not more than $10,000" and inserting in lieu thereof 
"a fine not to exceed the greater of that authorized in accord-
ance with the provisions of title 18, United States Code, or 
$100,000 if the defendant is an individual or $250,000 if the 
defendant is other than an individual", and by striking out "a 
fine of not more than $20,000" and inserting in lieu thereof "a 
fine not to exceed the greater of twice that authorized in 
accordance with the provisions of title 18, United States Code, 
or $200,000 if the defendant is an individual or $500,000 if the 
defendant is other than an individual". 
(4) In subsection (b), paragraph (4) is amended by striking out 
"1(C)" and mserting "1(D)" in lieu thereof. 
(5) In subsection (b), paragraph (5) is amended to read as 
follows: 
"(5) Any person who violates subsection (a) of this section by 
cultivating a controlled substance on Federal property shall be 
imprisoned as provided in this subsection and shall be fiuaed any 
amount not to exceed— 
"(A) the amount authorized in accordance with this section; 
"(B) the amount authorized in accordsmce with the provisions 
of title 18, United States Code; 
"(C) $500,000 if the defendant is an individual; or 
"(D) $1,000,000 if the defendant is other than an individual; 
or both.". 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-6 
(6) Subsection (d) is amended by striking out "a fine of not 
more than $15,000" and inserting in lieu thereof "a fine not to 
exceed the greater of that authorized in accordance with the 
provisions of title 18, United States Code, or $250,000 if the 
defendant is an individual or $1,000,000 if the defendant is other 
than an individual", 
(b) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is 
amended— 
(1) by inserting the following new paragraph after paragraph 
(24): 
"(25) The term 'serious bodily injury' means bodily injury which 
involves— 
•>•. , ; <i 
"(A) a substantial risk of death; 
"(B) protracted and obvious disfigurement; or 
4
1 * 
"(C) protracted loss or impairment of the function of a bodily 
member, organ, or mental faculty."; and 
(2) by renumbering the following paragraphs accordingly. 
SEC. 1004. ELIMINATION OF SPECIAL PAROLE TERMS. 
(a) The Controlled Substances Act and the Controlled Substances 
21USC 801 note. 
Import and Export Act are amended by striking out "special parole 
21 USC 951 note. 
term" each place it appears and inserting "term of supervised 
release" in lieu thereof. 
(b) The amendments made by this section shall take effect on the 
21 USC 841 note. 
date of the taking effect of section 3583 of title 18, United States 
Code. 
SEC. 1005. AMENDMENT TO THE COMPREHENSIVE CRIME CONTROL ACT 
OF 1984. 
(a) Subsection (a) of section 224 of the Comprehensive Crime 
Control Act of 1984 is amended— 
21 USC 841. 
(1) by inserting "and" after the semicolon in paragraph (4); 
and 
(2) by striking out paragraphs (1), (2), (3), and (5) and re-
designating the other paragraphs accordingly. 
(b) Section 224 of the (Domprehensive Crime Control Act of 1984 is 
amended— 
(1) by striking out subsection Ot)); and 
21 USC 845, 848. 
(2) by redesignating subsection (c) as subsection 0)). 
(c) Section 225 of the Comprehensive Crime Control Act of 1984 is 
21 USC 960, 962. 
amended to read as follows: 
"SEC. 225. Section 1515 of the Controlled Substances Import and 
Export Act (21 U.S.C. 960) is amended by repealing subsection (c).". 
SEC. 1006. MISCELLANEOUS TECHNICAL AMENDMENTS. 
(aXD Subsection (a) of section 3583 of title 18, United States Code, 
is amended by inserting ", except that the court shall include as a 
part of the sentence a requirement that the defendant be placed on 
a term of supervised release if such a term is required by statute" 
after "imprisonment" the second place it appears. 
(2) Subsection O
t
>
) of section 3583 of title 18, United States (Dode, is 
amended by striking out "The" and inserting in lieu thereof "Except 
as otherwise provided, the". 
(3) Subsection (e) of section 3583 of title 18, United States (Dode, is 
amended— 
(A) so that the catchline reads as follows: "Modification of 
conditions or revocation."; 
100 STAT. 3207-7 
PUBLIC LAW 99-570—OCT. 27, 1986 
18 u s e app. 
18 u s e 3583 
note. 
Effective date. 
18 u s e 3553 
note. 
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(B) in paragraph (2) by striking out "or" after the semicolon; 
(C) in paragraph (3) by striking out "title." and inserting 
"title; or" in lieu thereof; and 
(D) by inserting the following new paragraph after para-
graph (3): 
"(4) revoke a term of supervised release, and require the 
person to serve in prison all or part of the term of super-
vised release without credit for time previously served on 
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postrelease supervision, if it finds by a preponderance of the 
evidence that the person violated a condition of supervised 
*; i 
release, pursuant to the provisions of the Federal Rules of 
Criminal Procedure that are applicable to probation revoca-
tion and to the provisions of applicable policy statements 
issued by the Sentencing Commission.". 
(4) The amendments made by this subsection shall take effect on 
the date of the taking effect of section 3583 of title 18, United States 
Code. 
(b) Paragraph (3) of section 994(a) of title 28, United States Code, is 
amended by inserting "and revocation of supervised release" after 
"supervised release". 
(c) Section 511 of title II of the Comprehensive Drug Abuse 
Prevention Act of 1978 (21 U.S.C. 881) is amended— 
(1) in subsection (f) by inserting "or 11" after "I" each place it 
appears; 
(2) by redesignating subsection (f) as subsection (f)(1); and 
(3) by inserting the following new paragraph after subsection 
(f)(1) as so redesignated: 
"(2) The Attorney General may direct the destruction of all 
controlled substances in schedule I or II seized for violation of this 
title under such circumstances as the Attorney General may deem 
necessary.". 
SEC. 1007. AMENDMENT TO TITLE 18 OF THE UNITED STATES CODE. 
(a) Section 3553 of title 18, United States Code, is amended by 
adding the following at the end thereof: 
"(e) LIMITED AUTHORITY TO IMPOSE A SENTENCE BELOW A STATU-
TORY MINIMUM.—Upon motion of the Government, the court shall 
have the authority to impose a sentence below a level established by 
statute as minimum sentence so as to reflect a defendant's substan-
tial assistance in the investigation or prosecution of another person 
who has committed an offense. Such sentence shall be imposed in 
accordance with the guidelines and policy statements issued by the 
Sentencing Commission pursuant to section 994 of title 28, United 
States Code.". 
(b) The amendment made by this section shall take effect on the 
date of the taking effect of section 3553 of title 18, United States 
Code. 
SEC. 1008. AMENDMENT TO TITLE 28 OF THE UNITED STATES CODE. 
Section 994 of title 28 of the United States Code is amended by— 
(1) inserting the following after subsection (m): 
"(n) The Commission shall assure that the guidelines reflect the 
general appropriateness of imposing a lower sentence than would 
otherwise be imposed, including a sentence that is lower than that 
established by statute as minimum sentence, to take into account a 
defendant's substantial assistance in the investigation or prosecu-
tion of another person who has committed an offense."; and 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-8 
(2). redesignating subsections (n), (o), (p), (q), (r), (s), (t), (u), (v), 
and (w) as subsections (o), (p), (q), (r), (s), (t), (u), (v), (w), and (x), 
respectively. 
SEC. 1009. AMENDMENT 
TO 
THE 
FEDERAL 
RULES 
OF 
CRIMINAL 
PROCEDURE. 
(a) Rule 35(b) of the Federal Rules of Criminal Procedure is iSUSCapp. 
amended by striking out "to the extent" and all that follows through 
the end and inserting in lieu thereof the following: "in accordance 
with the guidelines and policy statements issued by the Sentencing 
Commission pursuant to section 994 of title 28, United States Code. 
The court's authority to lower a sentence under this subdivision 
includes the authority to lower such sentence to a level below that 
established by statute as a minimum sentence. 
(b) The amendment made by this section shall take effect on the Effective date, 
date of the taking effect of rule 350)) of the Federal Rules of ISUSCapp. 
Criminal Procedure, as amended by section 215(b) of the Com-
prehensive Crime Control Act of 1984. 
Subtitle B—Drug Possession Penalty Act of 1986 
SEC. 105L SHORT TITLE. 
This subtitle may be cited as the "Drug Possession Penalty Act of 
1986". 
SEC. 1052. PENALTY FOR SIMPLE POSSESSION. 
Section 404 of the Controlled Substances Act (21 U.S.C. 844) is 
amended to read as follows: 
Drug Possession 
Penalty Act of 
1986. 
21 u s e 801 note. 
PENALTY FOR SIMPLE POSSESSION 
"SEC. 404. (a) It shall be unlawful for any person knowingly or 
intentionally to possess a controlled substance unless such substance 
was obtained directly, or pursuant to a valid prescription or order, 
from a practitioner, while acting in the course of his professional 
practice, or except as otherwise authorized by this title or title III. 
Any person who violates this subsection may be sentenced to a term 
of imprisonment of not more than 1 year, and shall be fined a 
minimum of $1,000 but not more than $5,000, or both, except that if 
he commits such offense after a prior conviction under this title or 
title III, or a prior conviction for any drug or narcotic offense 
chargeable under the law of any State, has become final, he shall be 
sentenced to a term of imprisonment for not less than 15 days but 
not more than 2 years, and shall be fined a minimum of $2,500 but 
not more than $10,000, except, further, that if he commits such 
offense after two or more prior convictions under this title or title 
III, or two or more prior convictions for any drug or narcotic offense 
chargeable under the law of any State, or a combination of two or 
more such offenses have become final, he shall be sentenced to a 
term of imprisonment for not less than 90 days but not more than 3 
years, and shall be fined a minimum of $5,000 but not more than 
$25,000. The imposition or execution of a minimum sentence re-
quired to be imposed under this subsection shall not be suspended or 
deferred. Further, upon conviction, a person who violates this 
subsection shall be fined the reasonable costs of the investigation 
and prosecution of the offense, including the costs of prosecution of 
an offense as defined in sections 1918 and 1920 of title 28, United 
21 use 951. 
100 STAT. 3207-9 
PUBLIC LAW 99-570—OCT. 27, 1986 
States Code, except that this sentence shall not apply and a fine 
under this section need not be imposed if the court determines 
under the provision of title 18 that the defendant lacks the ability to 
pay. 
"(bXD If any person who has not previously been convicted of 
violating subsection (a) of this section, any other provision of this 
o<p ;j 
subchapter or subchapter II of this chapter, or any other law of the 
United States relating to narcotic drugs, marihuana, or depresssint 
or stimulant substances, is found guilty of a violation of subsection 
(a) of this section after trial or upon a plea of guilty, the court may, 
without entering a judgment of guilty and with the consent of such 
person, defer further proceedings and place him on probation upon 
such reasonable conditions £is it may require and for such period, 
not to exceed one year, as the court may prescribe. Upon violation of 
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.
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a condition of the probation, the court may enter an adjudication of 
guilt and proceed as otherwise provided. The court may, in its 
discretion, dismiss the proceedings against such person and dis-
charge him from probation before the expiration of the maximum 
period prescribed for such person's probation. If during the period of 
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his probation such person does not violate any of the conditions of 
the probation, then upon expiration of such period the court shall 
/. - 
discharge such person and dismiss the proceedings against him. 
Discharge and dismissal under this subsection shall be without court 
adjudication of guilt, but a nonpublic record thereof shall be re-
tained by the Department of Justice solely for the purpose of use by 
the courts in determining whether or not, in subsequent proceed-
ings, such person qualifies under this subsection. Such discharge or 
dismissal shall not be deemed a conviction for purposes of disquali-
fications or disabilities imposed by law upon conviction of a crime 
(including the penalties prescribed under this part for second or 
subsequent convictions) or for any other purpose. Discharge and 
dismissal under this section may occur only once with respect to any 
person. 
"(2) Upon the discharge of such person and dismissal of the 
;r.t' • 
proceedings against him under paragraph (1) of this subsection, such 
person, if he was not over twenty-one years of age at the time of the 
offense, may apply to the court for an order to expunge from all 
official records (other than the nonpublic records to be retained by 
the Department of Justice under paragraph (1)) all recordation 
relating to his arrest, indictment or information, tried, finding of 
guilty, and dismissal and discharge pursuant to this section. If the 
court determines, after hearing, that such person was dismissed and 
the proceedings against him discharged and that he was not over 
twenty-one years of age at the time of the offense, it shall enter such 
order. The effect of such order shall be to restore such person, in the 
contemplation of the law, to the status he occupied before such 
arrest or indictment or information. No person as to whom such 
order has been entered shall be held thereafter under any provision 
of any law to be guilty of perjury or otherwise giving a false 
statement by reason of his failures to recite or acknowledge such 
arrest, or indictment or information, or trial in response to any 
inquiry made of him for any purpose. 
"(c) As used in this section, the term 'drug or narcotic offense' 
means any offense which proscribes the possession, distribution, 
manufacture, cultivation, sale, transfer, or the attempt or conspir-
acy to possess, distribute, manufacture, cultivate, sell or transfer 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-10 
any substance the possession of which is prohibited under this 
title.". 
Subtitle C—Juvenile Drug Trafficking Act of 1986 
SEC. 1101. SHORT TITLE. 
This subtitle may be cited as the "Juvenile Drug Trafficking Act 
of 1986". 
SEC. 1102. OFFENSE. 
Part D of the Controlled Substances Act is amended by adding 
after section 405A a new section as follows: 
Juvenile Drug 
Trafficking Act 
of 1986. 
21 u s e 801 note. 
Post, p. 3207-11. 
EMPLOYMENT OR USE OF PERSONS UNDER 18 YEARS OF AGE IN DRUG 
OPERATIONS 
"SEC. 405B. (a) It shall be unlawful for any person at legist 
eighteen years of age to knowingly and intentionally— 
"(1) employ, hire, use, persuade, induce, entice, or coerce, a 
person under eighteen years of age to violate any provision of 
this title or title III; or 
"(2) employ, hire, use, persuade, induce, entice, or coerce, a 
person under eighteen years of age to assist in avoiding detec-
tion or apprehension for any offense of this title or title III by 
any Federal, State, or local law enforcement official. 
"(b) Any person who violates subsection (a) is punishable by a 
term of imprisonment up to twice that otherwise authorized, or up 
to twice the fine otherwise authorized, or both, and at least twice 
any term of supervised release otherwise authorized for a first 
offense. Except to the extent a greater minimum sentence is other-
wise provided, a term of imprisonment under this subsection shall 
not be less than one year. 
"(c) Any person who violates subsection (a) after a prior conviction 
or convictions under subsection (a) of this section have become final, 
is punishable by a term of imprisonment up to three times that 
otherwise authorized, or up to three times the fine otherwise au-
thorized, or both, and at least three times any term of supervised 
release otherwise authorized for a first offense. Except to the extent 
a greater minimum sentence is otherwise provided, a term of impris-
onment under this subsection shall not be less than one year. 
"(d) Any person who violates section 405B(a) (1) or (2) 
"(1) by knowingly providing or distributing a controlled sub-
stance or a controlled substance analogue to any person under 
eighteen years of age; or 
"(2) if the person employed, hired, or used is fourteen years of 
age or younger, 
shall be subject to a term of imprisonment for not more than five 
years or a fine of not more than $50,000, or both, in addition to any 
other punishment authorized by this section. 
"(e) In any case of any sentence imposed under this section, 
imposition or execution of such sentence shall not be suspended and 
probation shall not be granted. An individual convicted under this 
section of an offense for which a mandatory minimum term of 
imprisonment is applicable shall not be eligible for parole under 
section 4202 of title 18, United States (Dode, until the individual has 
served the mandatory term of imprisonment required by section 
401(b) as enhanced by this section. 
21 u s e 845b. 
21 u s e 951. 
Penalties. 
100 STAT. 3207-11 
PUBLIC LAW 99-570—OCT. 27, 1986 
"(f) Except as authorized by this title, it shall be unlawful for any 
person to knowingly or intentionally provide or distribute any 
controlled substance to a pregnant individual in violation of 
any provision of this title. Any person who violates this subsection 
shall be subject to the provisions of subsections (b), (c), and (e).". 
SEC. 1103. TECHNICAL AMENDMENTS. 
(a) Section 401(b) of the Controlled Substances Act (21 U.S.C. 
841(b)) is amended by striking out "or 405A" and inserting in lieu 
Infra; ante, p. 
thereof ", 405A, or 405B". 
3207-10. 
(b) Section 401(c) of the Controlled Substances Act (21 U.S.C. 
841(c)) is amended by striking out "405A" each place it appears and 
inserting in lieu thereof ", 405A, or 405B". 
SEC. 1104. MANUFACTURING A CONTROLLED SUBSTANCE WITHIN 1,000 
FEET OF A COLLEGE. 
'^' • - • 
(a) Section 405A of the Controlled Substances Act (21 U.S.C. 845a) 
is amended by inserting "or manufacturing" after "distributing" 
wherever it appears and by striking out "a public or private 
elementary or secondary school" wherever it appears and inserting 
in lieu thereof "a public or private elementary, vocational, or 
secondary school or a public or private college, junior college, or 
university". 
(b) Section 405A(a) of the Controlled Substances Act (21 U.S.C. 
, 
845a(a)) is amended by striking out "involving the same controlled 
(c) Section 405A(b) of the Controlled Substances Act (21 U.S.C. 
845a(b)) is amended by striking out "(1) by" and all that follows 
through the end and inserting the following in lieu thereof: 
"(1) by the greater of (A) a term of imprisonment of not less 
than three years and not more than life imprisonment or (B) a 
term of imprisonment of up to three times that authorized by 
Supra. 
section 401(b) of this title for a first offense, or a fine up to three 
times that authorized by section 401(b) of this title for a first 
offense, or both, and (2) at least three times any term of 
supervised release authorized by section 401(b) of this title for a 
first offense.". 
SEC. 1105. IMPRISONMENTS. 
(a) Section 405(a) of the Controlled Substances Act (21 U.S.C. 
845(a)) is amended by adding the following at the end thereof: 
"Except to the extent a greater minimum sentence is otherwise 
provided by section 401(b), a term of imprisonment under this 
subsection shall be not less than one year.". 
Qo) Section 405(b) of the Controlled Substances Act (21 U.S.C. 
845(b)) is amended by adding the following at the end thereof: 
"Except to the extent a greater minimum sentence is otherwise 
provided by section 401(b), a term of imprisonment under this 
subsection shall be not less than one year. The mandatory minimum 
sentencing provisions of this paragraph shall not apply to offenses 
involving 5 grams or less of marihuana.". 
(c) Section 405A(a) of the Controlled Substances Act (21 U.S.C. 
845a(a)) is amended by adding the following at the end thereof: 
"Except to the extent a greater minimum sentence is otherwise 
provided by section 401(b), a term of imprisonment under this 
subsection shall be not less than one year. The mandatory minimum 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-12 
Department of 
Justice Assets 
Forfeiture 
Fund 
Amendments 
Act of 1986. 
28 u s e 1 note. 
sentencing provisions of this paragraph shall not apply to offenses 
involving 5 grams or less of marihuana.". 
Subtitle D—Assets Forfeiture Amendments Act of 1986 
SEC. 1151. SHORT TITLE. 
This subtitle may be cited as the "Department of Justice Assets 
Forfeiture Fund Amendments Act of 1986", 
SEC. 1152. ASSET FORFEITURE FUNDS. 
(a)(1) DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND.—Subsec-
tion (c) of section 524 of title 28, United States Code, is amended— 
(2) by inserting at the end of subparagraph (A) of paragraph 
(1) the following: "such payments may also include those, made Contracts. 
pursuant to regulations promulgated by the Attorney General, 
that are necessary and direct program-related expenses for the 
' 
purchase or lease of automatic data processing equipment (not 
less than 90 percent of which use will be program related), 
training, printing, contracting for services directly related to 
the processing of and accounting for forfeitures, and the storage, 
protection, and destruction of controlled substances;"; 
(3) by inserting after subparagraph (A) of paragraph (1) the 
following new subparagraph and renumbering the subsequent 
subparagraphs appropriately; 
"(B) the payment of awards for information or assistance 
directly relating to violations of the criminal drug laws of 
the United States;"; 
(4) by amending newly designated subparagraph (F) of para-
graph (1) to read as follows: 
"(F) for equipping for drug law enforcement functions 
Transportation, 
any government-owned or lesised vessels, vehicles, and air-
i,j 
craft available for official use by the Drug Enforcement 
Administration, the Federal Bureau of Investigation, the 
Immigration and Naturalization Service, or the United 
States Marshals Service; and"; 
(5) by striking out in paragraph (4) "remaining after payment 
of expenses for forfeiture and sale authorized by law" and 
inserting in lieu thereof ", except all proceeds of forfeitures 
available for use by the Secretary of the Treasury or the 
Secretary of the Interior pursuant to section 11(d)) of the Endan-
gered Species Act (16 U.S.C 1540(d)) or section 6(d) of the Lacey 
Act Amendments of 1981 (16 U.S.C. 3375(d))"; and 
(6) by striking out paragraph (8) and renumbering paragraph 
(9) as paragraph (8). 
(b) CUSTOMS FORFEITURE FUND.— 
(1) Section 613a of the Tariff Act of 1930 (19 U.S.C. 1613a) as 
added by Public Law 98-473, is amended— 
98 Stat. 1837. 
(B) by amending paragraph (3) of subsection (a) to read as 
follows: 
"(3) for equipping for law enforcement functions any govern- Transportation, 
ment-owned or leased vessels, vehicles, and aircraft available 
for official use by the United States Customs Service; and"; and 
(C) by striking out subsection (h). 
(2) Section 613a of the Tariff Act of 1930 (19 U.S.C. 1613b) as 
added by Public Law 98-573, is repealed. 
19 USC 1654 
note. 
100 STAT. 3207-13 
PUBLIC LAW 99-570—OCT. 27, 1986 
SEC. 1153. SUBSTITUTE ASSETS. 
. - . - - . 
.„.,,, 
(a) Section 1963 of title 18 is amended by adding at the end thereof 
a new subsection, as follows: 
*
r 
"(n) If any of the property described in subsection (a), as a result of 
any act of omission of the defendant— 
"(1) cannot be located upon the exercise of due diligence; 
"(2) has been transferred or sold to, or deposited with, a third 
party; 
(3) has been placed beyond the jurisdiction of the court; 
"(4) has been substantially diminished in value; or 
"(5) has been commingled with other property which cannot 
be divided without difficulty; 
the court shall order the forfeiture of any other property of the 
defendant up to the value of any property described in paragraphs 
(1) through (5).". 
21 use 853. 
(b) Section 413 of title II of the Comprehensive Drug Abuse 
Prevention and Control Act of 1975 is amended— 
(1) by redesignating subsection "(p)" as subsection "(q)"; and 
(2) by adding a new subsection (p) as follows: 
"(p) If any of the property described in subsection (a), as a result of 
any act or omission of the defendant— 
"(1) cannot be located upon the exercise of due diligence; 
"(2) has been transferred or sold to, or deposited with, a third 
party; 
"(3) has been placed beyond the jurisdiction of the court; 
"(4) has been substantially diminished in value; or 
"(5) has been commingled with other property which cannot 
be divided without difficulty; 
the court shall order the forfeiture of any other property of the 
defendant up to the value of any property described in paragraphs 
' • 
(1) through (5).". 
Controlled 
Substance 
Analogue 
Enforcement 
Act of 1986. 
21 u s e 801 note. 
Subtitle E—Controlled Substance Analogue Enforcement Act of 
1986 
SEC. 1201. SHORT TITLE. 
This subtitle may be cited as the "Controlled Substance Analogue 
Enforcement Act of 1986". 
SEC. 1202. TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES. 
Part B of the Controlled Substances Act is amended by adding at 
the end the following new section: 
dvC 
TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES 
21 use 813. 
"SEC. 203. A controlled substance analogue shall, to the extent 
21 use 951. 
intended for human consumption, be treated, for the purposes of 
this title and title III as a controlled substance in schedule I.". 
SEC. 1203. DEFINITION. 
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is 
' ' ' 
amended by adding at the end thereof the following: 
"(32)(A) Except as provided in subparagraph (B), the term 
'controlled substance analogue' means a substance— 
"(i) the chemical structure of which is substantially simi-
*• 
lar to the chemical structure of a controlled substance in 
^'^ 
c^'? 
schedule I or II; 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-14 
itm'--K 
"(ii) which has a stimulant, depressant, or hallucmogenic 
effect on the central nervous system that is substantially 
similar to or greater than the stimulent, depressant, or 
hallucinogenic effect on the central nervous system of a 
controlled substance in schedule I or II; or 
"(iii) with respect to a particular person, which such 
person represents or intends to have a stimulent, depres-
sant, or hallucinogenic effect on the central nervous system 
that is substantially similar to or greater than the stimu-
lant, depressant, or hallucinogenic effect on the central 
nervous system of a controlled substance in schedule I or II. 
> • » 
"(B) Such term does not include— 
"(i) a controlled substance; 
"(ii) any substance for which there is an approved new 
drug application; 
•'- 
"(iii) with respect to a particular person any substance, if 
an exemption is in effect for investigational use, for that 
person, under section 505 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355) to the extent conduct with 
'•-*» t 
respect to such substance is pursuant to such exemption; or 
/ 
- ' 
"(iv) any substance to the extent not intended for human 
consumption before such an exemption takes effect with 
respect to that substance.". 
SEC. 1204. CLERICAL AMENDMENT. 
The table of contents of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970 is amended by inserting after the item 
relating to section 202 the following new item: 
"Sec. 203. Treatment of controlled substance analogues.". 
Subtitle F—Continuing Drug Enterprise Act of 1986 
Continuing Drug 
' '' 
Enterprises Act 
SEC. 1251. SHORT TITLE. 
of 1?86. 
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 
21 u s e 801 note. 
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 , i
v 
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, 
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; 
^„ 
. 
^ „ . 
08U 
note. 
• m oaij 8; 
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^^ ^^^^ 
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 
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 
S
h
'
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) IN 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 o
f
— 
-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 O
b
i
g a I f 
such account, the greater o
f
— 
,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 
A
N
D 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 OF 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 WITH 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 
., 
>;, j
A
j
-
^
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) IN 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) EXAMINATIONS OF CREDIT UNIONS TO INCLUDE REVIEW OF 
COMPLIANCE PROCEDURES.— 
"(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 
"'^* 
"(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-
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 O
R 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 
•moiU 
a9S 
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 i
f
— 
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 
i J 
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.". 
O
t
>
) 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. 
v
S
?
J
3 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-
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 
p:i\ 
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— 
H; 'JC 
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 
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 
18 use 982. 
Real property. 
"(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. 
"§ 982. Criminal forfeiture 
"(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 
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 use 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. 
'MJ ffi' 
Career 
Criminals 
Amendment Act 
of 1986. 
18 use 921 note. 
Subtitle I—Armed Career Criminals 
SEC.1401. SHORT TITLE. 
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) IN 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 
SEC. 1451. AUTHORIZATION OF APPROPRIATIONS. 
Enhancement 
Act of 1986. 
(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. 
Secret Service 
$2,000,000 
$5,000,000. 
(1) This section may be cited as the "Drug Enforcement Enhance-
ment Act of 1986". 
State and Local 
Law 
Enforcement 
Assistance Act of 
1986. 
42 u s e 3711 
note. 
42 u s e 3797. 
Subtitle K—State and Local Narcotics Control Assistance 
SEC. 1551. SHORT TITLE. 
This subtitle may be cited as the "State and Local Law Enforce-
ment Assistance Act of 1986". 
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, 
' "' "' ' • 
''''" 
(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 
FUNCTION OF THE DIRECTOR 
0 ? i.Vi 
State and local 
governments. 
42 u s e 3796h. 
State and local 
governments. 
42 u s e 37961. 
"SEC. 1301. The Director shall provide funds to eligible States and 
units of local government pursuant to this part. 
"DESCRIPTION OF DRUG LAW ENFORCEMENT GRANT PROGRAM 
"SEC. 1302. The Director is authorized to make grants to States, 
for the use of States and units of local government in the States, for 
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 
executive officer of a State shall submit to the Director an applica-
tion at such time and in such form as the Director may require. 
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 
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 
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. 
a 
State and local 
governments. 
42 use 3796J. 
Reports. 
100 STAT. 3207-43 
PUBLIC LAW 99-570—OCT. 27, 1986 
-noa 'di>i 
REVIEW OF APPUCATIONS 
42 use 3796k. 
Grants. 
"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 
t h a t -
'll) 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. 
"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. 
State and local 
governments. 
42 use 3796Z. 
ALLOCATION AND DISTRIBUTION OF FUNDS UNDER FORMULA GRANTS 
"SEC. 1305. (a) Of the total amount appropriated for this part in 
any fiscal year, 80 per centum shall be set aside for section 1302 and 
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-
able to it during any fiscal year, that a portion of the funds allocated 
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 
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 
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). 
Urban areas. 
Rural areas. 
im 
42 u s e 3796m. 
'. 
EXPENDITURE OF GRANTS; RECORDS 
' 
"SEC. 1307. (a) A grant made under section 1302 of this title may 
not be expended for more than 75 per centum of the cost of the 
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. 
Indians. 
42 u s e 3796n. 
100 STAT. 3207-45 
PUBLIC LAW 99-570—OCT. 27, 1986 
State and local 
governments. 
"(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. 
"(2) The Director and the Comptroller General of the United 
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. 
42 use 3796o. 
42 u s e 3796p. 
STATE OFFICE 
"SEC. 1308. (a) The chief executive of each participating State 
shall designate a State office for purposes o
f
— 
"(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). 
DISCRETIONARY GRANTS 
!.{i,|i: 
"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 
SEC. 1801. SHORT TITLE. 
This subtitle may be cited as the "Freedom of Information Reform 
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 
be expected to disclose the identity of a confidential source, 
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-
Freedom of 
Information 
Reform Act of 
1986. 
5 USC 552 note. 
State and local 
governments. 
100 STAT. 3207-49 
PUBLIC LAW 99-570—OCT. 27, 1986 
Regulations. 
Research and 
development. 
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: 
"(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; 
"(II) fees shall be limited to reasonable standard charges for 
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 
c S t i c f ' 
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". 
2 1 U S C 8 5 7 . 
S E C . 1 8 2 2 . 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) water 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) chamber pipes; 
, • ;, 
. 
: '-M 
- 
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(8) carburetor pipes; 
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-
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(9) electric pipes; 
, 
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, 
, 
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.: 
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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 OF 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 O
b
) by inserting after "section 401(aXl)" the 
following: "or section 416". 
100 STAT. 3207-53 
PUBLIC LAW 99-570—OCT. 27, 1986 
Drug and 
Alcohol 
Dependent 
Offenders 
Treatment Act 
of 1986. 
18 u s e 3661 
note. 
98 Stat. 1987. 
Contracts. 
18 u s e 3552. 
Effective date. 
18 u s e 3672 
note. 
Contracts. 
18 u s e 4255 
note. 
Subtitle Q—Controlled Substances Technical Amendments 
SEC. 1861. DUTIES OF DIRECTOR OF ADMINISTRATIVE OFFICE AND 
AUTHORIZATIONS. 
(a) SHORT TITLE.—This section may be cited as the "Drug and 
Alcohol Dependent Offenders Treatment Act of 1986". 
(b) PERMANENT AMENDMENT RELATING TO DUTIES OF DIRECTOR OF 
ADMINISTRATIVE OFFICE.—(1) The section of title 18, United States 
Code, that is redesignated section 3672 by section 212(a) of the 
Comprehensive Crime Control Act of 1984 is amended by adding at 
the end thereof: 
"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 
subsection (b) or (c) of section 3552, except for studies conducted 
by the Bureau of Prisons.". 
(2) The amendment made by this section shall take effect on the 
date of the taking effect of such redesignation. 
(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: 
"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).". 
(d) REAUTHORIZATION OF CONTRACT SERVICES.—Section 4(a) of the 
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. 
O
t
>
) 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. 
.8u>, 
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 
oj 
(2) by inserting after the item relating to section 414 the 
following: 
"Sec. 415. Alternative 
fine.". 
-,,. ...r,-,-. ,, •.:,-;/-,-, • >
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SEC. 1867. MODIFICATION O F COCAINE DEFINITION F O R P U R P O S E S OF 
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 
R
i 
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— 
(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 
(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. 
liCxf 
21 u s e 801 note. 
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 
Drug Free America". 
note. 
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 
SEC. 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 
note. 
18 u s e 341. 
18 u s e 342. 
18 u s e 343. 
Federal Drug 
Law 
Enforcement 
Agent Protection 
Act of 1986. 
21 u s e 801 note. 
SEC. 1938. AUTHORIZATION. 
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 
SEC. 1971. OFFENSE. 
m 
ssq 
(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 
.
^
^
,
,
, 
:^,.: 
^ ,. , 
" S e c . 
•• ' 
- • ' 
-^.-^ 
- 
^ -: 
"341. Definitions. 
" 
' -•* 
"342. Operation of a common carrier under the influence of alcohol or drugs. 
"343. Presumptions. 
"§ 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. 
"§ 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. 
"§ 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 
Subtitle U—Federal Drug Law Enforcement Agent Protection Act 
of 1986 
SEC. 1991. SHORT TITLE. 
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 
SEC. 2001. SHORT TITLE. 
Control Act of 
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 
Reports. 
8 u s e 1182 note. 
Reports. 
(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. 
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 
Foreign Relations Authorization Act, Fiscal Years 1986 and 1987. 
(h) ESTABLISHMENT OF SYSTEM.—The executive branch shall act 
expeditiously to establish the comprehensive information system 
required by section 132 of the Foreign Relations Authorization Act, 
Fiscal Years 1986 and 1987, and submit to the Congress a report that 
the system has been established. 
SEC. 2012. CONDITIONS ON ASSISTANCE FOR BOLIVIA. 
(a) OPERATION BLAST FURNACE.—(1) It is the sense of the Congress 
that— 
(A) the Government of Bolivia's recent drug interdiction oper-
ations in cooperation with the United States (Operation Blast 
Furnace) evinced a determination to combat the growing power 
of the narcotics trade and narcotics traffickers; 
(B) the operation has had a dramatic effect on the coca trade 
in that country by dropping the price of coca below the cost of 
production; 
(C) as a result of this operation the coca trade has in the short 
'*'^' term been sharply constricted; 
(D) the restoration of non-coca dependent economic growth in 
Bolivia is crucial to the achievement of long-term progress in 
controlling illicit narcotics production; and . , . . 
. . . 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-66 
(E) control of illicit drug production is crucial to the survival 
of democratic institutions and democratic government in 
Bolivia. 
(2) The Congress, therefore, applauds the demonstrated willing-
ness of the Paz Estenssoro government, despite the risks of severe 
domestic criticism and disruptive economic consequences, to co-
operate with the United States in Operation Blast Furnace. 
(b) CONDITIONS ON ASSISTANCE.—Paragraph (2) of section 611 of 
r 
the International Security and Development Cooperation Act of 
' " 
1985 is amended by striking out subparagraphs (A) and (B) and 
99 Stat. 230. 
inserting in lieu thereof the following: 
"(A) up to 50 percent of the aggregate amount of such 
assistance allocated for Bolivia may be provided at any time 
iij a'. 
after the President certifies to the Congress that Bolivia has 
engaged in narcotics interdiction operations which have 
significantly disrupted the illicit coca industry in Bolivia or 
has cooperated with the United States in such operations; 
t 
and 
"(B) the remaining amount of such assistance may be 
-J • 
provided at any time after the President certifies to the 
Congress that Bolivia has either met in calendar year 1986 
the eradication targets for the calendar year 1985 contained 
i». 
in its 1983 narcotics agreements with the United States or 
. T,2 
has entered into an agreement of cooperation with the 
''?• i • ^ 
United States for implementing that plan for 1987 and 
•foti; 
beyond (including numerical eradication targets) and is 
if. 
making substantial progress toward the plan's objectives, 
t: 
including substantial eradication of illicit coca crops and 
effective use of United States assistance. 
* MB •, 
>
-
In the certification required by subparagraph (B), the President 
shall explain why the terms of the 1983 agreement proved unattain-
able and the reasons why a new agreement was necessary.". 
(c) RELATION TO OTHER PROVISIONS.—Nothing in the amendment 
made by subsection (b) shall be construed as superseding any provi-
sion of section 481 of the Foreign Assistance Act of 1961. 
Ante, pp. 3207-
61—3207-64. 
SEC. 2013. REPORTS 
AND 
RESTRICTIONS 
CONCERNING 
CERTAIN 
22 USC 2291-1. 
COUNTRIES. 
(a) REPORTS.—Not later than 6 months after the date of enactment 
President of U.S. 
of this Act and every 6 months thereafter, the President shall 
prepare and transmit to the Congress a report— 
(1) listing each major illicit drug producing country and each 
major drug-transit country— 
s 
(A) which, as a matter of government policy, encourages 
in&i' 
or facilitates the production or distribution of illegal drugs; 
' 
(B) in which any senior official of the government of such 
s 
country engages in, encourages, or facilitates the produc-
.: 
tion or distribution of illegal drugs; 
(C) in which any member of an agency of the United 
States Government engaged in drug enforcement activities 
since January 1, 1985, has suffered or been threatened with 
1/ 
violence, inflicted by or with the complicity of any law 
enforcement or other officer of such country or any political 
-: 
subdivision thereof; or 
(D) which, having been requested to do so by the United 
States Government, fails to provide reasonable cooperation 
^\.-, 
to lawful activities of United States drug enforcement 
100 STAT. 3207-67 
PUBLIC LAW 99-570—OCT. 27, 1986 
Banks and 
banking. 
Ante, p. 3207-61. 
Ante, p. 3207-63. 
.H '.i \C,!;,»pi 
President of U.S. 
Reports. 
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. 
(b) RESTRICTIONS.—No United States assistance may be furnished 
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 
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 
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 
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. 
Not later than 90 days after the date of enactment of this Act, the 
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 
REGISTRY. 
(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, 
O
t
)
) 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 
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— 
(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 
ERADICATION AND CROP SUBSTITUTION PROGRAMS. 
(a) MDB ASSISTANCE FOR DEVELOPMENT AND IMPLEMENTATION OF 
DRUG ERADICATION PROGRAM.—The Secretary of the Treasury shall 
46 u s e app. 
1902 note. 
Reports. 
22 u s e 2291. 
22 u s e 2291 
note. 
Mexico. 
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. 
O
t
>
) 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 
22 use 2151. 
22 use 2151x. 
22 use 2291 
note. 
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 
section 1260t>)(2) of that Act for additional activities aimed at increas-
ing awareness of the effects of production and trafficking of illicit 
narcotics on source and transit countries. 
SEC. 
2
0
2
9
. 
REPORTS TO CONGRESS ON DRUG EDUCATION PROGRAMS 
ABROAD. 
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 BE 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— 
w
x 
(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?. ^^^: 
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. 
10 USC 371 note. 
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 
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 
a 
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 o
f
— 
^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 use 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 use 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 O
t
>
)
, 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 at 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) The external display of false registration numbers, false 
country of registration, or, in the 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. 
"(a) IN GENERAL.—Whenever— 
"(1) any vessel, vehicle, or aircraft; or 
"(2) the owner or operator, or the master, pilot, conductor, 
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 
Maritime 
affairs. 
Aircraft and air 
carriers. 
Motor vehicles. 
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) IN 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 
law, merchandise which is subject to seizure or forfeiture under 
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, 
may enter into agreements with any foreign country authorizing the 
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.". 
International 
agreements. 
International 
agreements. 
PART 2—UNDERCOVER CUSTOMS OPERATIONS 
SEC. 3131. UNDERCOVER INVESTIGATIVE OPERATIONS OF THE CUSTOMS 
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— 
19 u s e 2081. 
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) the third undesignated 
paragraph 
under 
the 
- 
( 
heading "Miscellaneous 
of the Act of March 3, 1877 
(19 Stat. 370; 40 U.S.C. 34), and 
(v) section 304(a) and (c) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 254(a) 
and (c)), and 
(B) to establish or to acquire proprietary corporations or 
business entities as part of the undercover operation, and to 
operate such corporations or business entities on a commer-
cial basis, without regard to sections 9102 and 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 F U N D 
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&' 
I 
'(C) $171,050,000 is for the operation and maintenance of the 
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 
Aircraft and air 
carriers. 
Maritime Drug 
Law 
Enforcement 
Prosecution 
Improvements 
Act of 1986. 
46 u s e app. 1901 
note. 
46 u s e app. 
1901. 
46 u s e app. 
1902. 
46 u s e app. 
1903. 
46 u s e 12101 et 
seq. 
46 u s e 12301 et 
seq. 
International 
agreements. 
13 UST 2312. 
(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: 
"(b) It shall be unlawful for any United States citizen on board 
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". 
, , 
Subtitle C—Maritime Drug Law Enforcement Prosecution 
< i 
Improvements Act of 1986 
SEC. 3201. SHORT TITLE. 
(A:,.. .. 
This subtitle may be cited as the "Maritime Drug Law Enforce-
ment Prosecution Improvements Act of 1986". 
SEC. 3202. IMPROVEMENT OF PUBLIC LAW 96-350. 
The Act entitled "An Act to facilitate increased enforcement by 
the Coast Guard of laws relating to the importation of controlled 
substances, and for other purposes", approved September 15, 1980 
(Public Law 96-350; 94 Stat. 1159) is amended by striking all after 
the enacting clause and inserting in lieu thereof the following: 
"That this Act may be cited as the 'Maritime Drug Law Enforce-
ment Act'. 
"SEC. 2. The Congress finds and declares that trafficking in con-
trolled substances aboard vessels is a serious international problem 
and is universally condemned. Moreover, such trafficking presents a 
specific threat to the security and societal well-being of the United 
States. 
"SEC. 3. (a) It is unlawful for any person on board a vessel of the 
United States, or on board a vessel subject to the jurisdiction of the 
United States, to knowingly or intentionally manufacture or distrib-
ute, or to possess with intent to manufacture or distribute, a con-
trolled substance. 
"(b) For purposes of this section, a 'vessel of the United States' 
means— 
"(1) a vessel documented under chapter 121 of title 46, United 
States Code, or a vessel numbered as provided in chapter 123 of 
that title; 
"(2) a vessel owned in whole or part by— 
"(A) the United States or a territory, commonwealth, or 
possession of the United States; 
"(B) a State or political subdivision thereof; 
"(C) a citizen or national of the United States; or 
"(D) a corporation created under the laws of the United 
States or any State, the District of Columbia, or any terri-
tory, commonwealth, or possession of the United States; 
unless the vessel has been granted the nationality of a foreign 
nation in accordance with article 5 of the 1958 (Convention on 
the High Seas; and 
-^ 
I ^^p^snlv^A-
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-96 
"(3) a vessel that was once documented under the laws of the 
United States and, in violation of the laws of the United States, 
was either sold to a person not a citizen of the United States or 
placed under foreign registry or a foreign flag, whether or not 
the vessel has been granted the nationality of a foreign nation. 
"(c)(1) For purposes of this section, a 'vessel subject to the jurisdic-
tion of the United States' includes— 
"(A) a vessel without nationality; 
1 "(B) a vessel assimilated to a vessel without nationality, in 
accordance with paragraph (2) of article 6 of the 1958 Conven-
tion on the High Seas; 
"(C) a vessel registered in a foreign nation where the flag 
nation has consented or waived objection to the enforcement of 
United States law by the United States; 
"(D) a vessel located within the customs waters of the United 
States; and 
"(E) a vessel located in the territorial waters of another 
nation, where the nation consents to the enforcement of United 
States law by the United States. 
Consent or waiver of objection by a foreign nation to the enforce-
ment of United States law by the United States under paragraph (C) 
or (E) of this paragraph may be obtained by radio, telephone, or 
similar oral or electronic means, and mav be proved by certification 
of the Secretary of State or the Secretary s designee. 
"(2) For purposes of this section, a 'vessel without nationality' 
includes— 
"(A) a vessel aboard which the master or person in charge 
makes a claim of registry, which claim is denied by the flag 
nation whose registry is claimed; and 
"(B) any vessel aboard which the master or person in charge 
fails, upon request of an officer of the United States empowered 
to enforce applicable provisions of United States law, to make a 
claim of nationality or registry for that vessel. 
A claim of registry under subparagraph (A) may be verified or 
denied by radio, telephone, or similar oral or electronic means. The 
denial of such claim of registry by the claimed flag nation may be 
proved by certification of the Secretary of State or the Secretary's 
designee. 
"(3) For purposes of this section, a claim of nationality or registry 
only includes: 
"(A) possession on board the vessel and production of docu-
ments evidencing the vessel's nationality in accordance with 
article 5 of the 1958 Convention on the High Seas; 
"(B) flying its flag nation's ensign or flag; or 
"(C) a verbal claim of nationality or registry by the master or 
person in charge of the vessel. 
"(d) A claim of failure to comply with international law in the 
enforcement of this Act may be invoked solely by a foreign state, 
and a failure to comply with international law shall not divest a 
court of jurisdiction or otherwise constitute a defense to any 
proceeding under this Act. 
"(e) This section does not apply to a common or contract carrier, 
or an employee thereof, who possesses or distributes a controlled 
substance in the lawful and usual course of the carrier's business or 
to a public vessel of the United States, or any person on board such a 
vessel who possesses or distributes a controlled substance in the 
lawful course of such person's duties, if the controlled substance is a 
13 UST 2312. 
Claims. 
International 
agreements. 
100 STAT. 3207-97 
PUBLIC LAW 99-570—OCT. 27, 1986 
part of the cargo entered in the vessel's manifest and is intended to 
be lawfully imported into the country of destination for scientific, 
medical, or other legitimate purposes. It shall not be necessary for 
the United States to negative the exception set forth in this subsec-
tion in any complaint, information, indictment, or other pleading or 
in any trial or other proceeding. The burden of going forward with 
the evidence with respect to this exception is upon the person 
claiming its benefit. 
Courts, U.S. 
"(f) Any person who violates this section shall be tried in the 
United States district court at the point of entry where that person 
enters the United States, or in the United States District Court of 
the District of Columbia. 
"(gXD Any person who commits an offense defined in this section 
shall be punished in accordance with the penalties set forth in 
section 1010 of the Comprehensive Drug Abuse Prevention and 
Control Act of 1970 (21 U.S.C. 960). 
"(2) Notwithstanding paragraph (1) of this subsection, any person 
convicted of an offense under this Act shall be punished in accord-
ance with the penalties set forth in section 1012 of the Comprehen-
sive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 962) 
if such offense is a second or subsequent offense as defined in section 
1012(b) of that Act. 
"(h) This section is intended to reach acts of possession, manufac-
ture, or distribution committed outside the territorial jurisdiction of 
the United States. 
"(i) The definitions in the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 802) apply to terms used in this 
Act. 
"(j) Any person who attempts or conspires to commit any offense 
defined in this Act is punishable by imprisonment or fine, or both, 
which may not exceed the maximum punishment prescribed for the 
offense, the commission of which was the object of the attempt or 
conspiracy. 
46 use app. 
"SEC. 3. Any property described in section 511(a) of the Com-
^^^^- 
prehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. 881(a)) that is used or intended for use to commit, or to 
facilitate the commission of, an offense under this Act shall be 
subject to seizure and forfeiture in the same manner as similar 
property seized or forfeited under section 511 of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881).". 
Subtitle D^Coast Guard 
SEC. 3251. COAST GUARD DRUG INTERDICTION ENHANCEMENT. 
(a) ADDITIONAL AUTHORIZATIONS FOR THE COAST GUARD.— 
(1) There are authorized to be appropriated for Acquisition, 
Construction, 
and 
Improvements 
of 
the 
Coast 
Guard, 
$89,000,000. 
(2) There are hereby authorized to be appropriated for Operat-
ing Expenses of the (Joast Guard, $39,000,000. This amount shall 
be used to increase the full-time equivalent strength level for 
' the Coast Guard for active duty personnel for fiscal year 1987 to 
; 39,220, and to increase the utilization rate of Coast Guard 
equipment. 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-98 
(b) AMOUNTS IN ADDITION TO OTHEK AMOUNTS.—The amounts 
authorized to be appropriated for the Coast Guard by this section 
are in addition to any amounts otherwise authorized by law. 
(c) AUTHORIZATION ENHANCEMENT.—Nothing in this Act shall 
require the Coast Guard to recruit, compensate, train, purchase, or 
deploy any personnel or equipment except to the extent that— 
(1) additional appropriations are made available in appropria-
tions Acts for that purpose; or 
(2) funds are transferred to the Secretary of Transportation 
for that purpose pursuant to this Act. 
Subtitle E—United States-Bahamas Drug Interdiction Task Force 
SEC. 3301. ESTABLISHMENT OF A UNITED STATES-BAHAMAS DRUG INTER-
DICTION TASK FORCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) ESTABLISHMENT OF A UNITED STATES-BAHAMAS DRUG INTER-
DICTION T
A
S
K FORCE.—(A) There is authorized to be established a 
United States-Bahamas Drug Interdiction Task Force to be 
operated jointly by the United States Government and the 
Government of the Bahamas. 
(B) The Secretary of State, the Commandant of the Coast 
Guard, the Commissioner of Customs, the Attorney General, 
and the head of the National Narcotics Border Interdiction 
System (NNBIS), shall upon enactment of this Act, immediately 
commence negotiations with the Government of the Bahamas to 
enter into a detailed agreement for the establishment and 
operation of a new drug interdiction task force, including plans 
for (i) the joint operation and maintenance of any drug interdic-
tion assets authorized for the task force in this section and 
section 3141, and (ii) any training and personnel enhancements 
authorized in this section and section 3141. 
(C) The Attorney General shall report to the appropriate 
committees of Congress on a quarterly basis regarding the 
progress of the United States-Bahamas Drug Interdiction Task 
Force. 
(2) AMOUNTS AUTHORIZED.—There are authorized to be appro-
priated, in addition to any other amounts authorized to be 
appropriated in this title, $10,000,000 for the following: 
(A) $9,000,000 for 3 drug interdiction pursuit helicopters 
for use primarily for operations of the United States-
Bahamas Drug Interdiction Task Force established under 
this section; and 
(B) $1,000,000 to enhance communications capabilities for 
the operation of a United States-Bahamas Drug Interdic-
tion Task Force established under this section. 
(3) COAST GUARD-BAHAMAS DRUG INTERDICTION DOCKING FACIL-
ITY.—(A) There is authorized to be appropriated for acquisition, 
construction, and improvements for the Coast Guard jFor fiscal 
year 1987, $5,000,000, to be used for initial design engineering, 
and other activities for construction of a drug interdiction 
docking facility in the Bahamas to facilitate Coast Guard and 
Bahamian drug interdiction operations in and through the 
Bahama Islands. Of the amounts authorized to be appropriated 
in this subsection, such sums as may be necessary shall be 
available for necessary communication and air support. 
21 use 801 note. 
Reports. 
100 STAT. 3207-99 
PUBLIC LAW 99-570—OCT. 27, 1986 
(B) The Commandant of the Coast Guard shall use such 
amounts appropriated pursuant to the authorization in this 
paragraph as may be necessary to establish a repair, mainte-
nance, and boat lift facility to provide repair and maintenance 
services for both Coast Guard and Bahamian marine drug 
interdiction equipment, vessels, and related assets, 
(b) CONCURRENCE BY SECRETARY OF STATE.—Programs authorized 
by this section may be carried out only with the concurrence of the 
Secretary of State. 
Subtitle F—Command, Control, Communications, and 
Intelligence Centers 
SEC. 3351. ESTABLISHMENT OF COMMAND, CONTROL, COMMUNICATIONS, 
AND INTELLIGENCE CENTERS (C-3I). 
There are authorized to be appropriated $25,000,000 to the United 
States Customs Service for the establishment of command, control, 
communications, and intelligence (C-3I) centers, including sector 
operations centers and a national command, control, communica-
tions, and intelligence (C-3I) center, in locations within the United 
States. The coordination of the establishment and location of such 
C-3I centers shall be conducted by the Commissioner of Customs; 
together with the Commandant of the Coast Guard; the Attorney 
General of the United States; and the National Narcotics Border 
Interdiction System (NNBIS). 
Subtitle G—Transportation Safety 
"^^ 
SEC. 3401. AIR SAFETY. 
(aXD Section 902(b) of the Federal Aviation Act of 1958 (49 U.S.C. 
App. 14720t))) is amended by adding at the end the following: 
(3) Nothing in this subsection or in any other provision of this 
Act shall preclude a State from establishing criminal penalties, 
including providing for forfeiture or seizure of aircraft, for a person 
who— 
"(A) knowingly and willfully forges, counterfeits, alters, or 
falsely makes an aircraft registration certificate; 
"(B) knowingly sells, uses, attempts to use, or possesses with 
intent to use a fraudulent aircraft registration certificate; 
"(C) knowingly and willfully displays or causes to be displayed 
: on any aircraft any marks that are false or misleading as to the 
nationality or registration of the aircraft; or 
"(D) obtains an aircraft registration certificate from the 
administrator by knowingly and willfully falsifying, concealing 
or covering up a material fact, or making a false, fictitious, or 
fraudulent statement or representation, or making or using any 
false writing or document knowing the writing or document to 
contain any false, fictitious, or fraudulent statement or entry.". 
(2) Section 501 of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1401) is amended by adding at the end the following new subsection: 
Mr 
. 
"INSPECTION BY LAW ENFORCEMENT OFFICERS 
"(g) The operator of an aircraft shall make available for inspection 
• an aircraft's certificate of registration upon request by a Federal, 
State, or local law enforcement officer.". 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-100 
(3) That portion of the table of contents contained in the first 
section of the Federal Aviation Act of 1958 which appears under the 
side heading 
"Sec. 501. Registration of aircraft nationality." 
, 
is amended by adding at the end the following: 
' 
"(g) Inspection by law enforcement officers.". 
OJXD Subsection (q) of section 902 of the Federal Aviation Act of 49 USC app. 
1958 (49 U.S.C. 1472(q)) is amended to read as follows: 
1472. 
"VIOLATIONS IN CONNECTION WITH TRANSPORTATION OF CONTROLLED 
SUBSTANCES 
"(q)(l) It shall be unlawful, in connection with an act described in 
paragraph (2) and with knowledge of such act, for any person— 
"(A) who is the owner of an aircraft eligible for registration 
, 
under section 501, to knowingly and willfully operate, attempt 
49 USC app. 
to operate, or permit any other person to operate such aircraft if l^Ol. 
the aircraft is not registered under section 501 or the certificate 
of registration of the aircraft is suspended or revoked, or if such 
person does not have proper authorization to operate or navi-
gate the aircraft without registration for a period of time after 
transfer of ownership; 
"(B) to operate or attempt to operate an aircraft eligible for 
registration under section 501 knowing that such aircraft is not 
registered under section 501, that the certificate of registration 
is suspended or revoked, or that such person does not have 
proper authorization to operate or navigate the aircraft without 
=
, 
registration for a period of time after transfer of ownership; 
"(C) to knowingly and willfully serve, or attempt to serve, in 
any capacity as an airman without a valid airman certificate 
authorizing such person to serve in such a capacity; 
"(D) to knowingly and willfully employ for service or utilize 
any airman who does not possess a valid airman certificate 
authorizing such person to serve in such capacity; 
*' 
'• 
"(E) to knowingly and willfully operate an aircraft in viola-
tion of any rule, regulation, or requirement issued by the 
'•'' 
Administrator of the Federal Aviation Administration with 
respect to the display of navigation or anticollision lights; and 
^ 
"(F) to knowingly operate an aircraft with a fuel tank or fuel 
^^ 
system that has been installed or modified on the aircraft, 
'^' 
unless such tank or system and the installation or modification 
f
^ 
of such tank or system is in accordance with all applicable rules, 
regulations, and requirements of the Administrator. 
"(2) The act referred to in paragraph (1) is the transportation by 
aircraft of any controlled substance or the aiding or facilitating of a 
controlled substance offense where such act is punishable by death 
or imprisonment for a term exceeding one year under a State or 
Federal law or is provided in connection with any act that is 
punishable by death or imprisonment for a term exceeding one year 
under a State or Federal law relating to a controlled substance 
(other than a law relating to simple possession of a controlled 
substance). 
"(3) A person violating this subsection shall be subject to a fine not 
exceeding $25,000, or imprisonment not exceeding 5 years, or both. 
100 STAT. 3207-101 
PUBLIC LAW 99-570—OCT. 27, 1986 
"(4) A person who, in connection with transportation described in 
paragraph (2), operates an aircraft on which a fuel tank or fuel 
system has been installed or modified and does not carry aboard the 
aircraft any certificate required to be issued by the Administrator 
for such installation or modification shall be presumed to have 
violated subparagraph (F) of paragraph (1). 
"(5) In the case of a violation of subparagraph (F) of paragraph (1), 
the fuel tank or fuel system and the aircraft involved shall be 
subject to seizure and forfeiture. The provisions of law relating to— 
"(A) the seizure, summary and judicial forfeiture, and con-
demnation of property for violation of the customs laws; 
"(B) the disposition of such property or the proceeds from the 
sale thereof; 
"(C) the remission or mitigation of such forfeitures; and 
"(D) the compromise of claims and the award of compensation 
to informers in respect of such forfeitures; 
shall apply to seizures and forfeitures under this paragraph. The 
>' 
Secretary may authorize such officers and agents as are necessary to 
carry out seizures and forfeitures under this paragraph and such 
officers and agents shall have the powers and duties given to 
customs officers with respect to the seizure and forfeiture of prop-
erty under the customs laws. 
"(6) For purposes of this subsection, the term 'controlled sub-
stance' has the meaning given to such term by section 102 of the 
Controlled Substances Act (21 U.S.C. 802).". 
(2) That portion of the table of contents of the Federal Aviation 
Act of 1958 which appears under the side heading 
"Sec. 902. Criminal penalties." 
is amended by striking the item relating to subsection (q) and 
inserting the following: 
"(q) Violations in connection with transportation of controlled substances.". 
(c) Section 904(a) of the Federal Aviation Act of 1958 (49 U.S.C. 
49 use app. 
1474(a)) is amended— 
^^'^^- 
(1) by striking "$500" each place it appears and inserting in 
lieu thereof "$5,000"; 
(2) by inserting after the second sentence the following: "In 
addition to any other penalty, if any controlled substance de-
scribed in section 584 of the Tariff Act of 1930 (19 U.S.C. 1584) is 
found on board of, or to have been unladen from, an aircraft 
subject to section 1109 (b) and (c) of this Act, the owner or 
person in charge of such aircraft shall be subject to the pen-
alties provided for in section 584 of the Tariff Act of 1930 (19 
U.S.C. 1584), unless such owner or person is able to dem-
onstrate, by a preponderance of the evidenced, that such owner 
or person did not know, and could not, by the exercise of the 
highest d^ree 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.". 
(2) Within 30 days after the date of enactment of subsection (f) of 
section 1109 of the Federal Aviation Act of 1958 as added by this 
subsection, the Secretary of the Treasury shall promulgate regula-
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. 
(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. 
In any proceeding under section 11344 of title 49, United States 
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 
acquire a motor carrier, or (3) made a public tender offer to acquire 
a motor carrier. 
49 u s e app. 
1401, 1403. 
Regulations. 
49 u s e app. 1509 
note. 
23 u s e 403 note. 
49 u s e 11844 
note. 
Railroads. 
Contracts. 
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 
Drug Abuse 
Amendments of 
1986. 
42 u s e 201 note. 
42 u s e 201 note. 
State and local 
governments. 
42 u s e 300y. 
Post, pp. 
3207-112, 
3207-113. 
42 u s e 300X-2. 
Subtitle A—Treatment and Rehabilitation 
SEC. 4001. SHORT TITLE; REFERENCE. 
(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 
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 
"SEC. 1921. (a) To carry out this section and sections 1922, 1923, 
508, and 509A there are authorized to be appropriated $241,000,000 
for fiscal year 1987. Of the total amount appropriated under the 
preceding sentence for fiscal year 1987, 6 percent shall be added to 
and included with the amounts otherwise available under this part 
for allotments to States under section 1913 for such fiscal year, 70.5 
percent shall be available for allotments to States under this section 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-104 
for such fiscal year, 4.5 percent shall be available for transfer to the 
Administrator of Veterans' Affairs under section 1922 for such fiscal 
year, 1 percent shall be available to carry out section 1923 for such 
fiscal year, and 18 percent shall be available to carry out sections 
508 and 509A for such fiscal year. 
"(b)(1) The allotment of a State under this section for a fiscal year 
shall be the sum of the amounts allotted to such State under 
paragraphs (2) and (3). 
•' 
• --" 
"(2) Forty-five percent of the amount available for allotment 
under this section for a fiscal year shall be allotted in accordance 
with this paragraph. The allotment of a State under this paragraph 
for a fiscal year shall be an amount which bears the same ratio to 
the total amount required pursuant to the preceding sentence to be 
allotted under this paragraph for such fiscal year as the population 
of such State bears to the population of all States, except that no 
such allotment shall be less than $50,000. 
"(3) Fifty-five percent of the amount available for allotment under 
this section for a fiscal year shall be allotted by the Secretary to 
States on the basis of the need of each State for amounts for 
programs and activities for the treatment and rehabilitation of the 
alcohol abuse and drug abuse. In determining such need for each 
State under this paragraph, the Secretary shall consider— 
"(A) the nature and extent, in the State and in particular 
areas of the State, of the demand for effective programs and 
activities for the treatment and rehabilitation of alcohol abuse 
and drug abuse; 
"(B) the number of individuals in the State who abuse alcohol 
t 
or drugs and the capacity of the State to provide treatment and 
rehabilitation for such individuals (as determined by the Sec-
retary on the basis of the number of individuals who requested 
; treatment for alcohol abuse and drug abuse in the State during 
the most recent calendar year ending prior to the date on which 
a statement is submitted by the State under subsection (d)); and 
"(C) the ability of the State to provide additional services for 
the treatment and rehabilitation of alcohol abuse and drug 
abuse. 
"(4) The Secretary shall make allotments to States under para-
graph (2) for fiscal year 1987, and shall make payments to States 
under subsection (c) from such allotments, at the same time that the 
Secretary makes allotments and payments under sections 1913 and 42 USC 300x-2. 
1914, respectively, for such fiscal year. The Secretary shall make 42 USC 300x-3. 
allotments to States under paragraph (3) for fiscal year 1987, and 
shall make payments to States under subsection (c) from such 
allotments, within four months after the date of enactment of the 
Alcohol and Drug Abuse Amendments of 1986. 
"(c)(1) For each fiscal year, the Secretary shall make payments, as 
provided by section 6503 of title 31, United States Code, to each 
State from its allotment under paragraphs (2) and (3) of subsection 
(b) from amounts which are appropriated for that fiscal year and 
available for such allotments. 
"(2) Any amount paid to a State under paragraph (1) for a fiscal 
year and remaining unobligated at the end of such fiscal year shall 
remain available to such State for the purposes for which it was 
made for the next fiscal year. 
"(3) A State may not use amounts paid to it under its allotment 
under this section to— 
"(A) provide inpatient hospital services, 
"(B) make cash payments to intended recipients of health 
services, 
100 STAT. 3207-105 
PUBLIC LAW 99-570—OCT. 27, 1986 
j 
"(C) purchase or improve land, purchase, construct, or perma-
nently improve (other than minor remodeling) any building or 
other facility, or purchase major medical equipment, 
"(D) satisfy any requirement for the expenditure of non-
Federal funds as a condition for the receipt of Federal funds, or 
"(E) provide financial assistance to any entity other than a 
public or nonprofit private entity. 
42 use 300x. 
"(4) The provisions of part B which are not inconsistent with this 
part shall apply with respect to allotments made under this section. 
"(d) In order to receive an allotment for a fiscal year under 
subsection (b), each State shall submit an application to the Sec-
retary requesting an allotment under subsection (b)(2) or (b)(3) or 
both. Each such application shall contain— 
"(1) such information as the Secretary may prescribe, includ-
, 
ing information necessary for the Secretary to consider the 
matters specified in subparagraphs (A) through (D) of subsection 
(b)(3); 
"(2) a description of the manner in which programs and 
activities conducted with payments under subsection (c) will be 
coordinated with other public and private programs and activi-
ties directed toward individuals who abuse alcohol and drugs; 
"(3) assurances that, in the preparation of any statement 
under this section, the State will consult with local governments 
and public and private entities, including community based 
organizations, involved in the provision of services for the treat-
ment and rehabilitation of alcohol abuse and drug abuse; 
"(4) a description of the manner in which the State will 
evaluate programs and activities conducted with payments 
made to the State under subsection (c) and assurances that the 
State will report periodically to the Secretary on the results of 
such evaluations; and 
"(5) assurances that payments made to the State under 
subsection (c) will supplement and not supplant any State or 
local expenditures for the treatment and rehabilitation of alco-
hol abuse and drug abuse that would have been made in the 
< 
absence of such pajnnents. 
"(e) Except as provided in subsections (f) and (i), amounts paid to a 
State under subsection (c) may be used by the State for alcohol abuse 
and drug abuse treatment and rehabilitation programs and activi-
ties, including— 
^ 
' 
"(1) activities to increase the availability and outreach of 
' 
' 
programs provided by major treatment centers and regional 
' 
branches of such centers which provide services in a State in 
order to reach the greatest number of people; 
"(2) activities to expand the capacity of alcohol abuse and 
drug abuse treatment and rehabilitation programs and facilities 
to provide treatment and rehabilitation services for alcohol 
abusers and drug abusers who have been refused treatment due 
to lack of facilities or personnel; 
"(3) activities to provide access to vocational training, job 
counseling, and education equivalency programs to alcohol 
abusers and drug abusers in need of such services in order to 
enable such abusers to become productive members of society; 
and 
"(f) Of the total amount paid to any State under subsection (c) for 
a fiscal year, not more than 2 percent may be used for administering 
the funds made available under such subsection. The State will pay 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-106 
from non-Federal sources the remaining costs of administering such 
funds. 
"(g) The Secretary may provide training and technical assistance 
to States in planning and operating activities to be carried out under 
this section. 
"(h) The Secretary may conduct data collection activities to enable 
the Secretary to carry out this section. 
"TRANSFER TO THE ADMINISTRATOR OF VETERANS' AFFAIRS 
"SEC. 1922. The Secretary shall transfer to the Administrator of 42 USC 300y-l. 
Veterans' Affairs the amount which, under the second sentence of 
section 1921(a), is available for such transfer. The amount trans-
ferred pursuant to the preceding sentence shall be used for out-
patient treatment, rehabilitation, and counseling under section 612 
of title 38, United States Code, of veterans for their alcohol or drug 
abuse dependence or abuse disabilities and for contract care and 
services under section 620A of such title for veterans for such 
disabilities. 
"TREATMENT PROGRAM EVALUATIONS 
"SEC. 1923. One percent of the total amount appropriated under 42 USC 300y-2. 
section 1921(a) for any fiscal year shall be used by the Secretary, 
acting through the Administrator of the Alcohol, Drug Abuse, and 
Mental Health Administration, to develop and evaluate alcohol and 
drug abuse treatment programs to determine the most effective 
forms of treatment. Such programs may be developed and evaluated Grants. 
through grants, contracts, and cooperative agreements provided to Contracts. 
nonprofit private entities. In carrying out this section, the Secretary 
shall assess the comparative effectiveness of various treatment 
forms for specific patient groups.". 
SEC. 4003. TECHNICAL REVISION OF ADAMHA. 
Section 501 (42 U.C.S. 290aa) is amended to read as follows: 
"ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION 
"SEC. 501. (a) The Alcohol, Drug Abuse, and Mental Health 
Administration is an agency of the Service. 
"(b) The following entities are agencies of the Alcohol, Drug 
Abuse, and Mental Health Administration: 
"(1) The National Institute on Alcohol Abuse and Alcoholism. 
"(2) The National Institute on Drug Abuse. 
"(3) The National Institute of Mental Health. 
"(c)(1) The Alcohol, Drug Abuse, and Mental Health Administra-
tion shall be headed by an Administrator (hereinafter in this title 
referred to as the 'Administrator') who shall be appointed by the 
President by and with the advice and consent of the Senate. 
(2) The Administrator, with the approval of the Secretary, may 
appoint a Deputy Administrator and may employ and prescribe the 
functions of such officers and employees, including attorneys, as are 
necessary to administer the activities to be carried out through the 
Administration. 
"(d) The Secretary, acting through the Administrator— 
"(1) shall supervise the functions of the agencies of the 
Administration in order to assure that the programs carried out 
through each such agency recieve appropriate and equitable 
100 STAT. 3207-107 
PUBLIC LAW 99-570—OCT. 27, 1986 
support and that there is cooperation among the agencies in the 
implementation of such programs; 
"(2) shall assure that research at or supported by the 
Administration and each of its agencies is subject to review in 
Pos^ p. 3207-109. 
accordance with section 507 and is in compliance with section 
Post, p. 3207-113. 
509A; and 
"(3) shall assure that research on neuronal receptors and 
their role in mental health and substance abuse is provided 
adequate support. 
"(e)(1) There shall be in the Administration an Associate Adminis-
trator for Prevention to whom the Administrator shall delegate the 
function of promoting the prevention research programs of the 
National Institute of Mental Health, the National Institute on 
Alcohol Abuse and Alcoholism, and the National Institute on Drug 
Abuse and coordinating such programs between the Institutes and 
between the Institutes and other public and private entities. 
Reports. 
"(2) The Administrator, acting through the Associate Adminis-
trator for Prevention, shall annually submit to the Congress a 
report describing the prevention activities (including preventive 
medicine and health promotion) undertaken by the Administration 
£ind its agencies. The report shall include a detailed statement of the 
•
• 
expenditures made for the activities reported on and the personnel 
used in connection with such activities. 
Fraud. 
"(f) The Administrator shall establish a process for the prompt 
and appropriate response to information provided the Administrator 
respecting (1) scientific fraud in connection with projects for which 
funds have been made available under this title, and (2) incidences 
of violations of the rights of human subjects of research for which 
funds have been made available under this title. The process shall 
include procedures for the receiving of reports of such information 
from recipients of funds under this title and taking appropriate 
action with respect to such fraud and violations. 
Grants. 
"(g) The Secretary, acting through the Administrator, shall make 
grants to schools of the health professions and schools of social work 
to support the training of students in such schools in the identifica-
tion and treatment of alcohol and drug abuse. Grants under this 
subsection shall be made from funds available under this title and 
42 use 242a. 
section 303. 
"(h) To educate the public with respect to the health hazards of 
alcoholism, alcohol abuse, and drug abuse, the Administrator shall 
Posf, p. 3207-112. 
use the clearinghouse established under section 508(c) to take such 
actions £is may be necessary to ensure the widespread dissemination 
of current pul)lications of the National Institute on Alcohol Abuse 
and Alcoholism and the National Institute on Drug Abuse relating 
to the most recent research findings with respect to such health 
hazards. 
"(iXD The Administrator may obtain (in accordance with section 
3109 of title 5, United States Code, but without regard to the 
limitation in such section on the number of days or the period of 
service) the services of not more than 20 experts or consultants who 
have scientific or professional qualifications. Such experts and 
consultants shall be obtained for the Administration and for each of 
its agencies. 
"(2XA) Experts and consultants whose services are obtained under 
paragraph (1) shall be paid or reimbursed for their expenses associ-
ated with traveling to and from their assignment location in accord-
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-108 
ance with sections 5724, 5724a(a)(l), 5724a(a)(3), and 5726(c) of title 5, 
United States Code. 
"(B) Expenses specified in subparagraph (A) may not be allowed in 
connection with the assignment of an expert or consultant whose 
services are obtained under paragraph (1), unless and until the 
expert or consultant agrees in writing to complete the entire period 
of assignment or one year, whichever is shorter, unless separated or 
?<, 
reassigned for reasons beyond the control of the expert or consultant 
that are acceptable to the Secretary. If the expert or consultant 
violates the agreement, the money spent by the United States for 
the expenses specified in subparagraph (A) is recoverable from the 
expert or consultant as a debt of the United States. The Secretary 
may waive in whole or in part a right of recovery under this 
subparagraph. 
"(j) The Administrator shall, without regard to the provisions of 
title 5, United States Code, governing appointments in the competi-
tive service, and without regard to the provisions of chapter 51 and 5 USC 5101. 
subchapter III of chapter 53 of such title, relating to classification 
5 USC 5331. 
and General Schedule pay rates, establish such technical and sci-
entific peer review groups as are needed to carry out the require-
ments of section 507 and appoint and pay members of such groups. Post, p. 3207-109. 
except that officers and employees of the United States shall not 
receive additional compensation for services as members of such 
groups. The Federal Advisory Committee Act shall not apply to the 5 USC app. 
duration of a peer review group appointed under this subsection. 
"(k)(l) The Alcohol, Drug Abuse, and Mental Health Advisorv 
Board (hereinafter in this subsection referred to as the 'Board) 
shall— 
"(A) periodically assess the national needs for alcoholism, 
<•• 
alcohol abuse, drug abuse, and mental health services and the 
extent to which those needs are being met by State, local, and 
private programs and programs receiving funds under this title 
and parts B and C of title XIX, and 
42 USC 300x; 
"(B) provide advice to the Secretary and the Administrator 
^nte, p. 
respecting activities carried out under this title and parts B and 3207-103. 
C of title XIX. 
"(2)(A) The Board shall consist of 15 members appointed by the 
Secretary and such ex officio members from the National Institute 
on Alcohol Abuse and Alcoholism, the National Institute on Drug 
Abuse, and the National Institute of Mental Health as the Secretary 
may designate. Of the members appointed to the Board, at least 6 
members shall represent State and private, nonprofit providers of 
prevention and treatment services for alcoholism, alcohol abuse, 
drug abuse, and mental illness, at least 6 members shall be individ-
uals with expertise in public education and prevention services for 
alcoholism, alcohol abuse, drug abuse, and mental illness, and at 
least 3 members shall be appointed from members of the general 
public who are knowledgeable about alcoholism, alcohol abuse, drug 
abuse, and mental illness. 
"(B) The term of office of a member appointed to the Board is 4 
years, except that of the members first appointed to the Board— 
"(i) 5 shall serve for terms of 1 year, 
"(ii) 5 shall serve for terms of 2 years, 
"(iii) 5 shall serve for terms of 3 years, 
as designated by the Secretary at the time of appointment. Any 
member appointed to fill a vacancy occurring before the expiration 
of the term for which the predecessor of such member was appointed 
100 STAT. 3207-109 
PUBLIC LAW 99-570—OCT. 27, 1986 
5 u s e 5331. 
Reports. 
42 u s e 290aa-4, 
290aa-5. 
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 
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. 
"(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. 
(a) Part A of title V is amended by redesignating sections 505 and 
506 as sections 506 and 507, respectively, and by inserting after 
section 504 the following new section: 
42 use 
290aa-3a. 
42 u s e 300aa. 
Supra. 
ADVISORY COUNCILS 
"SEC. 505. (aXD The Secretary shall appoint an advisory council 
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 
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 
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 
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; 
"(8) support the development of model, innovative, commu-
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 
cooperative agreements in carrying out subsection (b). 
"(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 
be available to carry out section 509A. 
42 u s e 290aa-6. 
Post, 
p. 3207-125. 
Grants. 
Contracts. 
Post, 
p. 3207-113. 
ALCOHOL AND DRUG ABUSE INFORMATION CLEARINGHOUSE 
"SEC. 509. The Secretary, through the Director of the Office, shall 
establish a clearinghouse for alcohol and drug abuse information to 
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; 
State and local 
governments. 
42 u s e 290aa-7. 
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. 
Grants. 
42 u s e 290aa-8. 
42 u s e 9801 
note. 
State and local 
governments. 
PREVENTION, TREATMENT, AND REHABILITATION MODEL PROJECTS FOR 
HIGH RISK YOUTH 
"SEC. 509A. (a) The Secretary, through the Director of the Office, 
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 
children eligible for services under the Head Start Act, children at 
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. 
"(d) In order to receive a grant for a project under this section for 
a fiscal year, a public or nonprofit private entity shall submit an 
application to the Secretary, acting through the Office. The Sec-
retary inay provide to the Governor of the State the opportunity to 
review and comment on such application. Such application shall be 
in such form, shall contain such information, and shall be submitted 
at such time as the Secretary may by regulation prescribe. 
"(e) The Director of the Office shall evaluate projects conducted 
with grants under this section. 
"(f) For purposes of this section, the term 'high risk youth' means 
an individual who has not attained the age of 21 years, who is at 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-114 
high risk of becoming, or who has become, a drug abuser or an 
alcohol abuser, and who— 
"(1) is identified as a child of a substance abuser; 
"(2) is a victim of physical, sexual, or psychological abuse; 
"(3) has dropped out of school; 
"(4) has become pregnant; 
"(5) is economically disadvantaged; 
"(6) has committed a violent or delinquent act; 
"(7) has experienced mental health problems; 
"(8) has attempted suicide; or 
"(9) is disabled by injuries.". 
(bXD Section 502(e) is repealed. 
42 USC 290aa-l. 
(2) Section 503(d) is amended— 
42 USC 290aa-2. 
(A) by inserting "and" at the end of paragraph (2); 
(B) by striking out "; and" at the end of paragraph (3) and 
inserting in lieu thereof a period; and 
(C) by striking out paragraph (4). 
SEC. 4006. PUBLIC HEALTH EMERGENCIES. 
Part A of title V (as amended by sections 4004 and 4005 of this 
Act) is further amended by adding at the end thereof the following: 
RESEARCH ON PUBLIC HEALTH EMERGENCIES 
"SEC. 509B. (a) If the Secretary determines, after consultation 
with the Administrator, the Commissioner of Food and Drugs, or the 
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 
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. 
"
O
f
c
)
) Not later than 90 days.after the end of a fiscal year, the 
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.". 
Grants. 
42 USC 290aa-9. 
Contracts. 
Reports. 
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: 
42 u s e 290CC-2. 
AUTHORIZATIONS OF APPROPRIATIONS 
"SEC. 513. There are authorized to be appropriated to carry out 
this subpart $69,000,000 for fiscal year 1987.". 
(b) Section 517 is amended to read £is follows: 
42 u s e 290aa-3. 
Reports. 
42 u s e 290aa-3 
note. 
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. 
(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.". 
(b) Not later than one year after the date of enactment of this Act, 
the Director of the Nationed Institute of Mental Health shall report to 
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. 
4
0
1
2
. 
MENTAL 
HEALTH 
NEEDS 
OF 
THE 
ELDERLY. 
i 
Section 504(c) is amended by adding at the end thereof the follow- 
42 USC 290aa-3. 
ing: "Special consideration shall be given to programs for training 
and research on the mental health needs of the elderly.". 
SEC. 4013. TECHNICAL AMENDMENT. 
Section 504(e) is amended by striking out the period at the end of 
42 USC 290aa-3. 
paragraph (2XA) and inserting in lieu thereof a semicolon. 
SEC. 4014. INFANT FORMULAS. 
(a) Section 412 of the Federal Food, Drug, and Cosmetic Act is 
21 USC 350a. 
amended— 
(1) by redesignating subsections (e), (f), and (g) as subsections 
(g), (h), and (i), respectively, 
(2) by amending the last sentence of paragraph (1) of subsec-
tion (g) (as so redesignated) to read as follows: "Such records 
shall be retained for at least one year after the expiration of the 
shelf life of the infant formula.", 
(3) by striking out "(a) and (b)" in the first sentence of 
subsection (hXl) (as so redesignated) and inserting in lieu 
thereof "(a), (b), and (c)", 
(4) by striking out "(cXl)" in the second sentence of such 
subsection and inserting in lieu thereof "(eXD", 
(5) by striking out "(eXlXB)" in such sentence and inserting in 
lieu thereof "(dXl)(B)", 
(6) by striking out "(a) and (b)" in subsection (h)(2) (as so 
redesignated) and inserting in lieu thereof "(a), (b), and (c)", and 
(7) by striking out subsections (a) through (d) and inserting in 
lieu thereof the following: 
"(a) An infant formula, including an infant formula powder, shall 
be deemed to be adulterated if— 
"(1) such infant formula does not provide nutrients as re-
' 
quired by subsection (i), 
"(2) such infant formula does not meet the quality factor 
requirements prescribed by the Secretary under subsection 
(bXD, or 
"(3) the processing of such infant formula is not in compliance 
with the good manufacturing practices and the quality control 
procedures prescribed by the Secretary under subsection (bX2). 
"(bXD The Secretary shall by regulation establish requirements 
for quality factors for infant formulas to the extent possible consist-
ent with current scientific knowledge, including quality factor 
requirements for the nutrients required by subsection (i). 
"(2XA) The Secretary shall by regulation establish good manufac-
turing practices for infant formulas, including quality control proce-
dures that the Secretary determines are necessary to assure that an 
infant formula provides nutrients in accordance with this subsection 
'
^ ' -^ ^ 
and subsection (i) and is manufactured in a manner designed to 
prevent adulteration of the infant formula. 
"(B) The good manufacturing practices and quality control proce-
dures prescribed by the Secretary under subparagraph (A) shall 
include requirements for— 
"(i) the testing, in accordance with paragraph (3) and by the 
manufacturer of an infant formula or an agent of such manu-
facturer, of each batch of infant formula for each nutrient 
required by subsection (i) before the distribution of such batch, 
100 STAT. 3207-117 
PUBLIC LAW 99-570—OCT. 27, 1986 
"(ii) regularly scheduled testing, by the manufacturer of an 
infant formula or an agent of such manufacturer, of samples of 
infant formulas during the shelf life of such formulas to ensure 
that such formulas are in compliance with this section, 
"(iii) in-process controls including, where necessary, testing 
required by good manufacturing practices designed to prevent 
; 
adulteration of each batch of infant formula, and 
"(iv) the conduct by the manufacturer of an infant formula or 
an agent of such manufacturer of regularly scheduled audits to 
determine that such manufacturer has complied with the regu-
lations prescribed under subparagraph (A). 
In prescribing requirements for audits under clause (iv), the Sec-
retary shall provide that such audits be conducted by appropriately 
trained individuals who do not have any direct responsibility for the 
manufacture or production of infant formula. 
"(3XA) At the final product stage, each batch of infant formula 
shall be tested for vitamin A, vitsmiin Bl, vitamin C, and vitamin E 
to ensure that such infemt formula is in compliance with the 
requirements of this subsection and subsection (i) relating to such 
vitamins. 
"(B) Each nutrient premix used in the manufacture of an infant 
formula shall be tested for each relied upon nutrient required by 
subsection (i) which is contained in such premix to ensure that such 
premix is in compliance with its specifications or certifications by a 
premix supplier. 
"(C) During the manufacturing process or at the final product 
stage and before distribution of an infant formula, an infant formula 
sh^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 o
f
— 
"(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 
Grants. 
Contracts. 
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. 
"(d) The Administrator shall require each applicant for a grant, 
contract, or cooperative agreement involving research on animals 
which is administered by the Administrator or any agency of the 
Administration to include in its application or contract proposal, 
submitted after the expiration of the 12-month period beginning on 
the date of enactment of this section— 
"(1) assurances satisfactory to the Administrator that— 
"(A) the applicant meets the requirements of the guide-
lines established under paragraph (1) and (2) of subsection 
(a) and hgis an animal care committee which meets the 
requirements of subsection (b); and 
"(B) scientists, animal technicians, and other personnel 
involved with animal care, treatment, arid use by the ap-
plicant have available to them instruction or training in 
the 
humane 
practice 
of 
animal 
maintenance 
and 
experimentation, and the concept, availability, and use of 
iO ,1 
research or testing methods that limit the use of animals or 
limit animal distress; and 
"(2) a statement of the reasons for the use of animals in the 
research to be conducted with funds provided under such grant 
or contract. 
Notwithstanding subsection (aX2) of section 553 of title 5, United 
States Code, regulations under this subsection shall be promulgated 
in accordance with the notice and comment requirements of such 
section. 
"(e) If the Administrator determines that— 
Grants. 
"(1) the Conditions of animal care, treatment, or use in an 
Contracts. 
entity which is receiving a grant, contract, or cooperative agree-
ment involving research on animals under this title do not meet 
applicable guidelines established under subsection (a); 
"(2) the entity has been notified by the Administrator of such 
determination and has been given a reasonable opportunity to 
take corrective action; and 
"(3) no action has been taken by the entity to correct such 
conditions; 
the Administrator shall suspend or revoke such grant or contract 
under such conditions as the Administrator determines appropriate. 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-124 
"(f) No guideline or regulation promulgated under subsection (a) 
or (c) may require a research entity to disclose publicly trade secrets 
or commercial or financial information which is privileged or 
confidential. 
SEC. 4021. TECHNICAL AMENDMENTS. 
(a) SECTION 504 (e).—Subsection (e) of section 504 (42 U.S.C. 
290aa-3) is amended by striking out the period at the end of 
paragraph (2XA) and inserting in lieu thereof a semicolon. 
SECTION 504 (g).—Subsection (g) of such section is amended by 
striking out "section 1915 (e)" and inserting in lieu thereof "1916 (e)". 
O
b
) 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 
to and enter into cooperative agreements and contracts with public 
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. 
Grants. 
Contracts. 
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 v
f 
(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 use 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 use 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. 
20 u s e 4622. 
Grants. 
Contracts. 
Grants. 
Contracts. 
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. 
SEC. 4122. STATE PROGRAMS. 
(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-
nated services for high-risk youth. The chief executive officer of such 
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. 
O
t
>
) 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 
Ante, p. 
3207-112. 
Contracts. 
Reports. 
20 use 4643. 
Grants. 
Contracts. 
25 use 450 note. 
25 use 450f. 
(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 
of the Public Health Service Act (as amended by this Act). 
(d) The Secretary of Education in conjunction with the Secretary 
of Health and Human Services shall conduct, directly or by contract, 
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. 
SEC. 4133. PROGRAMS FOR INDIAN YOUTH. 
(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. 
(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-
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 
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 o
f
— 
"(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 use 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 use 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. 
O
b
) 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. 
O
t
>
) 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 use 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) IN 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 use 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 
8
R
d D
<
s
U 
substance abuse newsletter in cooperation with the Secretary of 
Health and Human Services and the Secretary of Education to 
report on Indian alcohol and substance abuse projects and programs. 
The newsletter shall— 
(1) be published once in each calendar quarter, 
f3 
(2) include reviews of programs determined by the Secretary 
i 
of the Interior to be exemplary and provide sufficient informa-
tion to enable interested persons to obtain further information 
about such programs, and 
(3) be circulated without charge to— 
(A) schools, 
^ ..,•'., 
(B) tribal offices, 
•;^'*>nj. . 
(C) Bureau of Indian Affairs' agency and area offices, 
(D) Indian Health Service area and service unit offices, 
(E) Indian Health Service alcohol programs, and 
(F) other entities providing alcohol and substance abuse 
related services or resources to Indian people. 
'cm o
e
^
. 
; 
PART III—INDIAN YOUTH PROGRAMS 
25 use 2431. 
SEC. 4211. REVIEW OF PROGRAMS. 
State and local 
(a) REVIEW.—In the development of the Memorandum of Agree-
governments. 
ment required by section 4205, the Secretary of the Interior and the 
Secretary of Health and Human Services, in cooperation with the 
Secretary of Education shall review and consider— 
(1) Federal programs providing education services or benefits 
/iii: :P ; i-': 
to Indian children, 
,j. 
(2) tribal. State, local, and private educational resources and 
r. 
programs, 
•~,, 
(3) Federal programs providing family and socisd services and 
g
^ 
benefits for Indian families and children, 
^
v 
(4) Federal programs relating to youth emplojrment, recre-
V 
ation, cultural, and community activities, and 
£
* 
(5) tribal. State, local, and private resources for programs 
similar to those cited in paragraphs (3) and (4), 
to determine their applicability and relevance in canying out the 
purposes of this subtitle. 
O
t
>
) PuBUCATiON.—The results of the review conducted under 
subsection (a) shall be provided to each Indian tribe as soon as 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-144 
possible for their consideration and use in the development or 
modification of a Tribal Action Plan under section 4206. 
SEC. 4212. INDIAN EDUCATION PROGRAMS. 
25 USC 2432. 
(a) PILOT PROGRAMS.—The Assistant Secretary of Indian Affairs 
shall develop and implement pilot programs in selected schools 
funded by the Bureau of Indian Affairs (subject to the approval of 
the local school board or contract school board) to determine the 
effectiveness of summer youth programs in furthering the purposes 
and goals of the Indian Alcohol and Substance Abuse Prevention 
Act of 1986. The Assistant Secretary shall defray all costs associated 
with the actual operation and support of the pilot programs in the 
school from funds appropriated for this section. For the pilot pro-
grams there are authorized to be appropriated such sums as may be 
necessary for each of the fiscal years 1987,1988, and 1989. 
(b) USE OF FUNDS.—Federal financial assistance made available to 
public or private schools because of the enrollment of Indian chil-
dren pursuant to— 
(1) the Act of April 16, 1934, as amended by the Indian 
Education Assistance Act (25 U.S.C. 452 et seq.), 
(2) the Indian Elementary and Secondary School Assistance 
Act (20 U.S.C. 241aa et seq.), and 
(3) the Indian Education Act (20 U.S.C. 3385), 
may be used to support a program of instruction relating to alcohol 
and substance abuse prevention and treatment. 
SEC. 4213. EMERGENCY SHELTERS. 
25 USC 2433. 
(a) IN GENERAL.—A Tribal Action Plan adopted pursuant to sec-
tion 4206 may make such provisions as may be necessary and 
practical for the establishment, funding, licensing, and operation of 
emergency shelters or half-way houses for Indian youth who are 
alcohol or substance abusers, including youth who have been 
arrested for offenses directly or indirectly related to alcohol or 
substance abuse. 
(b) REFERRALS.— 
(1) In any case where an Indian youth is arrested or detained 
by the Bureau of Indian Affairs or tribal law enforcement 
personnel for an offense relating to alcohol or substance abuse, 
other than for a status offense £is defined by the Juvenile 
Justice and Delinquency Prevention Act of 1974, under cir- 42 USC 5601 
cumstances where such youth may not be immediately restored note, 
to the custody of his parents or guardians and where there is 
space available in an appropriately licensed and supervised 
emergency shelter or half-way house, such youth shall be re-
ferred to such facility in lieu of incarceration in a secured 
facility unless such youth is deemed a danger to himself or to 
other persons. 
K. 
(2) In any case where there is a space available in an appro-
priately licensed and supervised emergency shelter or half-way 
house, the Bureau of Indian Affairs and tribal courts are 
encouraged to refer Indian youth convicted of offenses directly 
or indirectly related to alcohol and substance abuse to such 
'" 
facilities in lieu of sentencing to incarceration in a secured 
juvenile facility. 
(c) DIRECTION TO STATES.—In the case of any State that exercises 
criminal jurisdiction over any part of Indian country under section 
1162 of title 18 of the United States Code or section 401 of the Act of 
100 STAT. 3207-145 
PUBLIC LAW 99-570-OCT. 27, 1986 
April 11,1968 (25 U.S.C. 1321), such State is urged to require its law 
enforcement officers to— 
(1) place any Indian youth arrested for any offense related to 
alcohol or substance abuse in a temporary emergency shelter 
described in subsection (d) or a community-based alcohol or 
f 
substance abuse treatment facility in lieu of incarceration to 
* 
the extent such facilities are available, and 
(2) observe the standards promulgated under subsection (d). 
(d) STANDARDS.—The Assistant Secretary of Indian Affairs shall, 
as part of the development of the Memorandum of Agreement set 
out in section 4205, promulgate standards by which the emergency 
shelters established under a program pursuant to subsection (a) 
shall be established and operated. 
(e) AUTHORIZATION.—For the planning and design, construction, 
and renovation of emergency shelters or half-way houses to provide 
emergency care for Indian youth, there is authorized to be appro-
priated $5,000,000 for each of the fiscal years 1987, 1988, and 1989. 
For the operation of emergency shelters or half-way houses there is 
authorized to be appropriated $3,000,000 for each of the fiscal years 
1987, 1988, and 1989. The Secretary of the Interior shall allocate 
funds appropriated pursuant to this subsection on the basis of 
priority of need of the various Indian tribes and such funds, when 
allocated, shall be subject to contracting pursuant to the Indian Self-
25 use 450 note. Determination Act. 
-• 
-
25 use 2434. 
SEC. 4214. SOCIAL SERVICES REPORTS. 
(a) DATA.—The Secretary of the Interior, with respect to the 
administration of any family or socied services program by the 
Bureau of Indian Affairs directly or through contracts under the 
Indian Self-Determination Act, shall require the compilation of data 
relating to the number and types of child abuse and neglect cases 
seen and the type of assistance provided. Additionally, such data 
should also be categorized to reflect those cases that involve, or 
appear to involve, alcohol and substance abuse, those cases which 
are recurring, and those cases which involve other minor siblings. 
0?) REFERRAL OF DATA.—The data compiled pursuant to subsection 
(a) shall be provided annually to the affected Indian tribe and Tribal 
Coordinating Committee to assist them in developing or modif)dng a 
.. : 
Tribal Action Plan and shall also be submitted to the Indian Health 
Service service unit director who will have responsibility for compil-
ing a tribal comprehensive report as provided in section 4230. 
(c) CONFIDENTIALITY.—In carrying out the requirements of subsec-
tions (a) and (\>), the Secretary shall insure that the data is compiled 
and reported in a manner which will preserve the confidentiality of 
the families and individuals. 
> . 
v . 
PART IV—LAW ENFORCEMENT AND JUDICIAL 
;;. ^,w,,.^, :., 
SERVICES 
._,:, 
.,.,. _^_, 
25 use 2441. 
SEC. 4215. REVIEW OF PROGRAMS. 
(a) LAW ENFORCEMENT AND JUDICIAL SERVICES.—In the develop-
ment of the Memorandum of Agreement required by section 4205, 
the Secretary of the Interior and the Secretary of Health and 
Human Services, in cooperation with the Attorney General of the 
United States, shall review and consider— 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-146 
(1) the various programs established by Federal law providing 
law enforcement or judicial services for Indian tribes, and 
(2) tribal and State and local law enforcement and judicial 
programs and systems 
to determine their applicability and relevance in carrying out the 
purposes of this subtitle. 
(b) DISSEMINATION OF REVIEW.—The results of the review con-
ducted pursuant to subsection (a) shall be made available to every 
Indian tribe as soon as possible for their consideration and use in 
the development and modification of a Tribal Action Plan. 
SEC. 4216. ILLEGAL NARCOTICS TRAFFIC ON THE PAPAGO RESERVATION: 
25 USC 2442. 
SOURCE ERADICATION 
(a)(1) INVESTIGATION AND CONTROL.—The Secretary of the Interior 
shall provide assistance to the Papago Indian Tribe (Tohono 
O'odham) of Arizona for the investigation and control of illegal 
narcotics traffic on the Papago Reservation along the border with 
Mexico. The Secretary shall ensure that tribal efforts are coordi-
nated with appropriate Federal law enforcement agencies, includ-
ing the United States Customs Service. 
(2) AUTHORIZATIONS.—For the purpose of providing the assistance 
required by subsection (a), there is authorized to be appropriated 
$500,000 for each of the fiscal years 1987,1988, and 1989. 
03)(1) MARIJUANA ERADICATION.—The Secretary of the Interior, in 
cooperation with appropriate Federal, tribal, and State and local 
law enforcement agencies, shall establish and implement a program 
for the eradication of marijuana cultivation within Indian country 
as defined in section 1152 of title 18, United States Code. The 
Secretary shall establish a priority for the use of funds appropriated 
under subsection (b) for those Indian reservations where the scope of 
,, 
the problem is most critical, and such funds shall be available for 
contracting by Indian tribes pursuant to the Indian Self-Determina-
tion Act. 
25 USC 450 note. 
(2) AUTHORIZATIONS.—To carry out subsection (a), there is au-
thorized to be appropriated such sums as may be necessary for each 
of the fiscal years 1987,1988, and 1989. 
H -
^ > gt 
PART V—BUREAU OF INDIAN AFFAIRS LAW 
ENFORCEMENT 
SEC. 4217. TRIBAL COURTS, SENTENCING AND FINES. 
To enhance the ability of tribal governments to prevent and 
penalize the traffic of illegal narcotics on Indian reservations, para-
graph (7) of section 202 of the Act of April 11,1969 (25 U.S.C. 1302) is 
amended by striking out "for a term of six months and a fine of 
$500, or both" and inserting in lieu thereof "for a term of one year 
and a fine of $5,000, or both". 
SEC. 4218. BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT AND 25 USC 2451. 
JUDICIAL TRAINING. 
(a) IN GENERAL.—The Secretary of the Interior shall ensure, 
through the establishment of a new training program or through 
the supplement of existing training programs, that all Bureau of 
Indian Affairs and tribal law enforcement and judicial personnel 
shall have available training in the investigation and prosecution of 
offenses relating to illegal narcotics and in alcohol and substance 
100 STAT. 3207-147 
PUBLIC LAW 99-570—OCT. 27, 1986 
25 use 2452. 
25 use 2453. 
42 use 5601 
note. 
25 use 2454. 
eontracts. 
42 use 5601 
note. 
abuse prevention and treatment. Any training provided to Bureau of 
Indian Affairs and tribal law enforcement and judicial personnel as 
provided in subsection (a) shall specifically include training in the 
problems of youth alcohol and substance abuse prevention and 
treatment. Such training shall be coordinated with the Indian 
Health Service in the carrying out of its responsibilities under 
section 4228. 
(b) AUTHORIZATION.—For the purpose of providing the training 
required by subsection (a), there are authorized to be appropriated 
$1,500,000 for each of the fiscal years 1987, 1988, and 1989. 
SEC. 4219. MEDICAL 
ASSESSMENT AND TREATMENT OV JUVENILE 
OP^FENDERS. 
The Memorandum of Agreement entered into pursuant to section 
4205 shall include a specific provision for the development and 
implementation at each Bureau of Indian Affair agency and Indian 
Health Service unit of a procedure for the emergency medical 
assessment and treatment of every Indian youth arrested or de-
tained by Bureau of Indian Affairs or tribal law enforcement person-
nel for an offense relating to or involving alcohol or substance 
abuse. The medical assessment required by this subsection— 
(1) shall be conducted to determine the mental or physical 
state of the individual assessed so that appropriate steps can be 
taken to protect the individual's health and well-being, 
(2) shall occur as soon as possible after the arrest or detention 
of an Indian youth, and 
(3) shall be provided by the Indian Health Service, either 
through its direct or contract health service. 
; 
. 
,-
SEC. 4220. JUVENILE DETENTION CENTERS. 
(a) PLAN.—The Secretary of the Interior shall construct or ren-
ovate and staff new or existing juvenile detention centers. The 
Secretary shall ensure that the construction and operation of the 
centers is consistent with the Juvenile Justice and Delinquency 
Prevention Act of 1974. 
(b) AUTHORIZATION.—For the purpose of subsection (a), there is 
authorized to be appropriated $10,000,000 for construction and ren-
ovation for each of the fiscal years 1987, 1988, and 1989, and 
$5,000,000 for staffing and operation for each of the fiscal years 
1987, 1988, and 1989. 
SEC. 4221. MODEL INDIAN JUVENILE CODE. 
The Secretary of the Interior, either directly or by contract, shall 
provide for the development of a Model Indian Juvenile Code which 
shall be consistent with the Juvenile Justice and Delinquency 
Prevention Act of 1974 and which shall include provisions relating 
to the disposition of cases involving Indian youth arrested or de-
tained by Bureau of Indian Affairs or tribal law enforcement person-
nel for alcohol or drug related offenses. The development of such 
model code shall be accomplished in cooperation with Indian 
organizations having an expertise or knowledge in the field of law 
enforcement and judicial procedure and in consultation with Indian 
tribes. Upon completion of the Model Code, the Secretary shall 
make copies available to each Indian tribe. 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-148 
SEC. 4222. LAW ENFORCEMENT AND JUDICIAL REPORT. 
25 USC 2455. 
(a) COMPILATION OF LAW ENFORCEMENT DATA.—The Secretary of Contracts, 
the Interior, with respect to the administration of any law enforce-
ment or judicial services program by the Bureau of Indian Affairs, 
either directly or through contracts under the Indian Self-Deter-
mination Act, shall require the compilation of data relating to calls 
25 USC 450 note. 
and encounters, arrests and detentions, and disposition of cases by 
Bureau of Indian Affairs or tribal law enforcement or judicial 
personnel involving Indians where it is determined that alcohol or 
' ' " ' "-"^ 
substance abuse is a contributing factor. 
(b) REFERRAL OF DATA.—The data compiled pursuant to subsection 
(a) shall be provided annually to the affected Indian tribe and Tribal 
Coordinating Committee to assist them in developing or modifying a 
Tribal Action Plan and shall also be submitted to the Indian Health 
Service unit director who will have the responsibility for compiling 
a tribal comprehensive report as provided in section 4230. 
(c) CONFIDENTIALITY.—In carrying out this section, the Secretary 
shall insure that the data is compiled and reported in a manner 
which will preserve the confidentiality of the families and individ-
uals involved. 
PART VI—INDIAN ALCOHOL AND SUBSTANCE 
ABUSE TREATMENT AND REHABILITATION 
SEC. 4224. REVIEW OF PROGRAMS. 
25 USC 2471. 
(a) IN GENERAL.—In the development of the Memorandum of 
Agreement required by section 4205, the Secretary of the Interior 
and the Secretary of Health and Human Services shall review and 
consider— 
(1) the various programs established by Federal law providing 
health services and benefits to Indian tribes, including those 
relating to mental health and alcohol and substance abuse 
prevention and treatment, and 
(2) tribal. State and local, and private health resources and 
programs, 
(3) where facilities to provide such treatment are or should be 
located, and 
(4) the effectiveness of public and private alcohol and sub-
stance abuse treatment programs in operation on the date of 
the enactment of this subtitle, 
to determine their applicability and relevance in carrying out the 
purposes of this subtitle. 
03) DISSEMINATION.—The results of the review conducted under 
subsection (a) shall be provided to every Indian tribe as soon as 
possible for their consideration and use in the development or 
modification of a Tribal Action Plan. 
SEC. 4225. INDIAN HEALTH SERVICE RESPONSIBILITIES. 
25 USC 2472. 
The Memorandum of Agreement entered into pursuant to section 
4205 shall include specific provisions pursuant to which the Indian 
Health Service shall assume responsibility for— 
(1) the determination of the scope of the problem of alcohol 
and substance abuse among Indian people, including the 
number of Indians within the jurisdiction of the Indian Health 
Service who are directly or indirectly affected by alcohol and 
substance abuse and the financial and human cost. 
100 STAT. 3207-149 
PUBLIC LAW 99-570—OCT. 27, 1986 
'•• 
(2) an assessment of the existing and needed resources nec-
. - .»' 
essary for the prevention of alcohol and substance abuse and 
the treatment of Indians affected by alcohol and substance 
abuse, and 
(3) an estimate of the funding necessary to adequately support 
sjct ; 
i n . 
a program of prevention of alcohol and substance abuse and 
treatment of Indians affected by alcohol and substance abuse. 
25 u s e 2473. 
SEC. 4226. INDIAN HEALTH SERVICE PROGRAM. 
The Secretary of Health and Human Services, acting through the 
Indian Health Service, shall provide a program of comprehensive 
alcohol and substance abuse prevention and treatment which shall 
include— 
(1) prevention, through educational intervention, in Indian 
communities, 
(2) acute detoxification and treatment, 
^ 
(3) community-based rehabilitation, and 
(4) community education and involvement, including exten-
sive training of health care, educational, and community-based 
personnel. 
The target population of such a program shall be the members of 
Indian tribes. Additionally, efforts to train and educate key mem-
bers of the Indian community shall target employees of health, 
education, judicial, law enforcement, legal, and social service 
V
- - 
programs. 
25 u s e 2474. 
SEC. 4227. INDIAN HEALTH SERVICE YOUTH PROGRAM. 
(a) DETOXIFICATION AND REHABILITATION.—The Secretary shall 
develop and implement a program for acute detoxification and 
treatment for Indian youth who are alcohol and substance abusers. 
The program shall include regional treatment centers designed to 
include detoxification and rehabilitation for both sexes on a referral 
basis. These regional centers shall be integrated with the intake and 
rehabilitation programs based in the referring Indian community. 
(b) CENTERS.—The Secretary shall construct or renovate a youth 
regional treatment center in each area under the jurisdiction of an 
Indian Health Service area office. For purposes of the preceding 
sentence, the area offices of the Indian Health Service in Tucson 
and Phoenix, Arizona, shall be considered one area office. The 
regional treatment centers shall be appropriately staffed with 
health professionals. There are authorized to be appropriated 
$6,000,000 for the construction and renovation of the regional youth 
treatment centers, and $3,000,000 for the staffing of such centers, for 
each of the fiscal years 1987,1988, and 1989. 
(c) FEDERALLY OWNED STRUCTURES.— 
(1) The Secretary of Health and Human Services, acting 
through the Indian Health Service, shall, in consultation with 
- • " *
^ 
Indian tribes— 
(A) identify and use, where appropriate, federally owned 
structures, suitable as local residential or regional alcohol 
and substance abuse treatment centers for Indian youth, 
and 
(B) establish guidelines for determining the suitability of 
any such federally owned structure to be used as a local 
^ 
residential or regional alcohol and substance abuse treat-
ment center for Indian youth. 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-150 
(2) Any structure described in paragraph (1) may be used 
under such terms and conditions as may be agreed upon by the 
Secretary of Health and Human Services and the agency having 
responsibility for the structure. 
(3) There are authorized to be appropriated $3,000,000 for 
each of the fiscal years 1987,1988, and 1989. 
(d) REHABILITATION AND FOLLOW-UP SERVICES.— 
: ^
a
i n 
(1) The Secretary, in cooperation with the Secretary of the 
Interior, shall develop and implement within each Indian 
Health Service service unit community-based rehabilitation and 
follow-up services for Indian youth who are alcohol or substance 
abusers which are designed to integrate long-term treatment 
and to monitor and support the Indian youth after their return 
to their home community. 
(2) Services under paragraph (1) shall be administered within 
each service unit by trained staff within the community who 
can assist the Indian youth in continuing development of self-
image, positive problem-solving skills, and nonalcohol or sub-
stance abusing behaviors. Such staff shall include alcohol and 
substance abuse counselors, mental health professionals, and 
other health professionals and paraprofessionals, including 
community health representatives. 
-: :, ^^ 
(3) For the purpose of providing the services authorized by 
""• 
paragraph (1), there are authorized to be 
appropriated 
$9,000,000 for each of the fiscal years 1987, 1988, and 1989. 
SEC. 4228. TRAINING AND COMMUNITY EDUCATION. 
25 USC 2475. 
(a) COMMUNITY EDUCATION.—The Secretary, in cooperation with 
the Secretary of the Interior, shall develop and implement within 
each service unit a program of community education and involve- 
,, 
ment which shall be designed to provide concise and timely informa-
tion to the community leadership of each tribal community. Such 
program shall include education in alcohol and substance abuse to 
the critical core of each tribal community, including political lead-
ers, tribal judges, law enforcement personnel, members of tribal 
health and education boards, and other critical parties. 
(b) TRAINING.—The Secretary of Health and Human Services Contracts, 
shall, either directly or through contract, provide instruction in the 
area of alcohol and substance abuse, including instruction in crisis 
intervention and family relations in the context of alcohol and 
substance abuse, youth alcohol and substance abuse, and the causes 
and effects of fetal alcohol syndrome to appropriate employees of the 
Bureau of Indian Affairs and the Indian Health Services, and person-
nel in schools or programs operated under any contract with the 
Bureau of Indian Affairs or the Indian Health Service, including 
supervisors of emergency shelters and half-way houses described in 
section 4213. 
(c)(1) DEMONSTRATION PROGRAM.—The Secretary of Health and 
Human Services shall establish at least one demonstration project 
to determine the most effective and cost-efficient means o
f
— 
(A) providing health promotion and disease prevention serv-
ices, 
(B) encouraging Indians to adopt good health habits, 
(C) reducing health risks to Indians, particularly the risks of 
heart disesise, cancer, stroke, diabetes, depression, and lifestyle-
related accidents, 
100 STAT. 3207-151 
PUBLIC LAW 99-570—OCT. 27, 1986 
Contracts. 
Grants. 
s. .. 
(D) reducing medical expenses of Indians through health 
promotion and disease prevention activities, 
(E) establishing a program— 
(i) which trains Indians in the provision of health pro-
jt t 
motion and disease prevention services to members of their 
tribe, and 
Contracts. 
(ii) under which such Indians are available on a contract 
3{{ 
basis to provide such services to other tribes, and 
(F) providing training and continuing education to employees 
of the service, and to paraprofessionals participating in the 
Community Health Representative Program, in the delivery of 
health promotion and disease prevention services. 
(2) The demonstration project described in paragraph (1) shall 
include an analysis of the cost effectiveness of organizational struc-
tures and of social and educational programs that may be useful in 
achieving the objectives described in paragraph (1). 
(3)(A) The demonstration project described in paragraph (1) shall 
be conducted in association with at least one— 
r 
(i) health profession school, 
(ii) allied health profession or nurse training institution, or 
(iii) public or private entity that provides health care. 
(B) The Secretary is authorized to enter into contracts with, or 
make grants to, any school of medicine or school of osteopathy for 
the purpose of carrying out the demonstration project described in 
paragraph (1). 
. . -^-,-. 
(C) For purposes of this paragraph, the term "school of medicine" 
and "school of osteopathy" have the respective meaning given to 
such terms by section 701(4) of the Public Health Service Act (42 
U.S.C. 292a(4)). 
Reports. 
(4) The Secretary shall submit to Congress a final report on the 
demonstration project described in paragraph (1) within 60 days 
after the termination of such project. 
(5) For purposes of this paragraph, the term "health promotion" 
shall include: 
(A) reduction in the misuse of alcohol and drugs, 
, 
(B) cessation of tobacco smoking, 
•mim:im/j 
(C) improvement of nutrition, 
£ 
(D) improvement in physical fitness, 
B 
(E) family planning, and 
* 
(F) control of stress. 
(6) For purposes of this paragraph, the term "disease prevention" 
shall include: 
(A) immunizations, 
(B) control of high blood pressure, 
52 
(C) control of sexually transmittable diseases, 
i"- 
(D) prevention and control of diabetes, 
(E) pregnancy and infant care (including prevention of fetal 
fc 
alcohol syndrome), 
Tt>-- 
(F) control of toxic agents, 
,. , 
, , 
^ 
(G) occupational safety and health, 
/ , 
' 
, t' 
-vi*s 
(H) accident prevention, 
.,. 
V^^ ^
"
^ 
(I) fluoridation of water, and 
(J) control of infectious agents. 
(7) Section 4228 is amended by adding at the end the following: 
"Provided, That $500,000 shall be made available for activities 
described under section 4228(cXl)". 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-152 
(d) AUTHORIZATION.—There are authorized to be appropriated 
$4,000,000 for the fiscal year 1987 and such sums as are necessary to 
carry out the purposes of this section for the fiscal years 1988 and 
1989. 
SEC. 4229. NAVAJO 
ALCOHOL 
REHABILITATION 
DEMONSTRATION 
PROGRAM. 
(a) DEMONSTRATION PROGRAM.—The Secretary of Health and 
Human Services shall make grants to the Navajo tribe to establish a 
demonstration program in the city of Gallup, New Mexico, to re-
habilitate adult Navajo Indians suffering from alcoholism or alcohol 
abuse. 
(b) EVALUATION AND REPORT.—The Secretary, acting through the 
National Institute on Alcohol Abuse and Alcoholism, shall evaluate 
the program established under subsection (a) and submit a report on 
such evaluation to the appropriate committees of Congress by Janu-
ary 1,1990. 
(c) AUTHORIZATION.—There are authorized to be appropriated for 
the purposes of grants under subsection (a) $300,000 for each of the 
fiscal years 1988, 1989, and 1990. Not more than 10 percent of the 
funds appropriated for any fiscal year may be used for administra-
tive purposes. 
SEC. 4230. INDIAN HEALTH SERVICE REPORTS. 
(a) COMPILATION OF DATA.—The Secretary of Health and Human 
Services, with respect to the administration of any health program 
by an Indian Health Service service unit, directly or through con-
tract, including a contract under the Indian Self-Determination Act, 
shall require the compilation of data relating to the number of cases 
or incidents which any of the Indian Health Service personnel or 
services were involved and which were related, either directly or 
indirectly, to alcohol or substance abuse. Such report shall include 
the type of assistance provided and the disposition of these cases. 
(b) REFERRAL OF DATA.—The data compiled under subsection {&f 
shall be provided annually to the affected Indian tribe and Tribal 
Coordinating Committee to assist them in developing or modifying a 
Tribal Action Plan. 
(c) COMPREHENSIVE REPORT.—Each Indian Health Service service 
unit director shall be responsible for assembling the data compiled 
under this section and section 4204 into an annual tribal com-
prehensive report which shall be provided to the affected tribe and 
to the Director of the Indian Health Service who shall develop and 
publish a biennial national report on such tribal comprehensive 
reports. 
Subtitle D—Miscellaneous Provisions 
SEC. 4301. ACTION GRANTS. 
The Domestic Volunteer Service Act of 1973 (as amended by the 
Domestic Volunteer Service Act Amendments of 1986) is amended— 
(1) in title I by adding after section 123 the following new 
' '"' section: 
"SPECIAL INITIATIVES 
"SEC. 124. The Director is authorized to engage in activities that 
mobilize and initiate private sector efforts to increase voluntarism 
in preventing drug abuse through public awareness and education 
(including grants, contracts, conferences, public service announce-
25 u s e 2476. 
Grants. 
25 u s e 2477. 
Contracts. 
25 u s e 450 note. 
42 u s e 4951 
note. 
42 u s e 4950 
note. 
Voluntarism. 
42 u s e 4994. 
100 STAT. 3207-153 
PUBLIC LAW 99-570—OCT. 27, 1986 
ments, speakers bureau, public-private partnerships and technical 
assistance to nonprofit and for-profit organizations)."; 
42 use 5081. 
(2) by amending subsection (c) of section 501 by adding at the 
end thereof the following new sentence: "In addition to the 
amounts authorized to be appropriated by the preceding sen-
tence, there is authorized to be appropriated the aggregate sum 
of $5,500,000 for fiscal years 1987 and 1988 to be made available 
for drug abuse prevention."; and 
42 use 5084. 
(3) by amending section 504 by adding at the end thereof the 
following new sentence: "In addition to the amounts authorized 
to be appropriated for the administration of this Act by the 
preceding sentence, there is authorized to be appropriated the 
aggregate sum of $500,000 for fiscal years 1987 and 1988 to be 
available for support of drug abuse prevention.". 
20 u s e 4665. 
SEC. 4302. ESTABLISHMENT 
OF 
NATIONAL 
TRUST FOR 
DRUG-FREE 
YOUTH. 
(a) In order to encourage private gifts of real and personal prop-
erty to assist the Secretary of Education in carrying out the national 
programs of drug abuse research, education, and prevention under 
subtitle B, there is hereby established a charitable, nonprofit, and 
nonpartisan corporation to be known as the National Trust for Drug-
Free Youth. 
(b) The National Trust for Drug-Free Youth (hereinafter in this 
section referred to as the "National Trust") shall be under the 
general direction of a Board of Directors. The overall priorities, 
policies, and goals of the National Trust shall be determined by the 
Board in consultation with the Secretary. The Board shall coordi-
nate the activities of the National Trust for Drug-Free Youth with 
the Secretary. The Board shall be composed of three members 
appointed as follows: 
(1) one member shall be appointed by the President; 
(2) one member shall be appointed by the Speaker of the 
House of Representatives; and 
' 
(3) one member shall be appointed by the Majority Leader of 
the Senate. 
(c) The National Trust shall have its principal office in the District 
of Columbia and for the purposes of venue in civil actions shall be 
considered an inhabitant and resident of the District. 
(d) The National Trust shall have the following general powers: 
(1) to have succession until dissolved by Act of Congress, in 
which event title to the properties of the National Trust, both 
'^ 
real and personal shall, insofar as consistent with existing 
contractual obligations and subject to all other legally enforce-
able claims or demands by or against the National Trust, pass 
to and become vested in the United States of America; 
(2) to adopt, alter, and use a corporate seal which shall be 
c. 
judicially noticed; 
(3) to sue and be sued, complain and defend in any court of 
V 
competent jurisdiction; 
' 
(4) to adopt and establish such bylaws, rules, and regulations, 
not inconsistent with the laws of the United States or of any 
State, as the Board considers necessary for the administration 
'. 
of its functions, including among other matter, bylaws, rules, 
and regulations governing administration of corporate funds; 
(5) to accept, hold, and administer gifts and bequests of 
money, securities, or other personal property of whatsoever 
•}ab( 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-154 
' 
character, absolutely or on trust, for the purposes for which the 
National Trust is created; 
(6) to sell, exchange, or otherwise dispose of as it may deter-
mine from time to time the moneys, securities, or other gifts 
given or bequeathed to it; 
i •. 
, 
(7) to appoint and prescribe the duties of such officers, agents, 
and employees as may be necessary to carry out its functions, 
' 
and to fix and pay such compensation to them for their services 
as the National Trust is created; and 
(8) to audit the financial records of the corporation. 
(e) The National Trust shall not have authority— 
(1) to issue shares or stock or declare or pay dividends; or 
(2) to loan funds to its officers or directors. 
(f) The Board shall submit an annual report and independent 
Reports, 
audit to the Congress and the President concerning the expenditure 
of funds under the National Trust. 
SEC. 4303. INFORMATION ON DRUG ABUSE AT THE WORKPLACE- 
21 USC 801 note. 
(a) The Secretary of Labor shall collect such information as is 
available on the incidence of drug abuse in the workplace and 
efforts to assist workers, including counseling, rehabilitation and 
employee assistance programs. The Secretary shall conduct such 
additional research as is necessary to assess the impact and extent 
of drug abuse and remediation efforts. The Secretary shall submit 
the findings of such collection and research to the House Committee 
on Education and Labor and the Senate Committee on Labor and 
Human Services no later than two years from the date of enactment 
of this Act. 
(b) There is authorized to be appropriated the aggregate sum of 
$3,000,000 for fiscal years 1987 and 1988, to remain available until 
expended, to enable the Secretary of Labor to carry out the purposes 
of this section. 
SEC. 4304. INTERAGENCY COORDINATION. 
2i USC 801 note. 
(a) The Secretary of Education, the Secretary of Health and 
Human Services, and the Secretary of Labor shall each designate an 
officer or employee of the Departments of Education, Health and 
Human Services, and Labor, respectively, to coordinate interagency 
drug abuse prevention activities to prevent duplication of effort. 
(b) Within one year after enactment of this Act, a report shall be 
Reports, 
jointly submitted to the Congress by such Secretaries concerning the 
extent to which States and localities have been able to implement 
non-duplicative drug abuse prevention activities. 
TITLE V—UNITED STATES INSULAR AREAS AND NATIONAL 
PARKS 
Subtitle A—Programs in United States Insular Areas 
SEC. 5001. SHORT TITLE. 
This subtitle may be cited as the "United States Insular Areas 
Drug Abuse Act of 1986". 
SEC. 5002. PURPOSES. 
The purposes of this subtitle are to improve enforcement of drug 
laws and enhance interdiction of illicit drug shipments in the 
Caribbean and Pacific territories and commonwealths of the United 
United States 
Insular Areas 
Drug Abuse Act 
of 1986. 
48 USC 1494 
note. 
48 USC 1494. 
100 STAT. 3207-155 
PUBLIC LAW 99-570—OCT. 27, 1986 
48 use 1494a. 
President of U.S. 
,3to« 
48 use 1494b. 
\ 
* . ' i - . ' 
States and to assist public and private sector drug abuse prevention 
and treatment programs in United States insular areas, 
SEC. 5003. ANNUAL REPORTS TO CONGRESS. 
The President shall report annually to the Congress as to— 
(1) the efforts and success of Federal agencies in preventing 
the illegal entry into the United States of controlled substances 
from the insular areas of the United States outside the customs 
territory of the United States and states freely associated with 
the United States and the nature and extent of such illegal 
entry, and 
(2) the efforts and success of Federal agencies in preventing 
the illegal entry from other nations, including states freely 
associated with the United States, of controlled substances into 
ji;. the United States territories and the commonwealths for use in 
the territories and commonwealths or for transshipment to the 
United States and the nature and extent of such illegal entry 
and use. 
SEC. 5004. ENFORCEMENT AND ADMINISTRATION IN INSULAR AREAS. 
(a) AMERICAN SAMOA.—(1) With the approval of the Attorney 
General of the United States or his designee, law enforcement 
officers of the Government of American Samoa are authorized to— 
(A) execute and serve warrants, subpoenas, and summons 
issued under the authority of the United States; 
(B) make arrests without warrant; and 
(C) make seizures of property to carry out the purposes of this 
subtitle, the Controlled Substances Import and Export Act (21 
U.S.C. 951-970), and any other applicable narcotics laws of the 
United States. 
(2) The Attorney General and the Secretary of Health and Human 
Services of the United States are authorized to— 
(A) train law enforcement officers of the Government of 
American Samoa, and 
r-G 
(B) provide by purchase or lease law enforcement equipment 
and technical assistance to the Government of American Samoa 
to carry out the purposes of this subtitle and any other Federal 
or territorial drug abuse laws. 
(3) There are authorized to be appropriated $700,000 to carry out 
the purposes of this subsection, to remain available until expended. 
(b) GUAM.—(1) The Attorney General and the Secretary of Health 
and Human Services of the United States may provide technical 
assistance and equipment to the Government of Guam to carry out 
the purposes of this subtitle and any other Federal or territorial 
drug abuse law. 
(2) There are authorized to be appropriated $1,000,000 to carry out 
paragraph (1). Funds appropriated under this paragraph shall 
remain available until expended. 
(c) THE NORTHERN MARIANA ISLANDS.—(1) With the approval of 
the Attorney General of the United States or his designee, law 
enforcement officers of the Government of the Northern Mariana 
Islands are authorized to— 
(A) execute and serve warrants, subpoenas, and summons 
issued under the authority of the United States; 
(B) make arrests without warrant; and 
(C) make seizures of property to carry out the purposes of this 
,-. subtitle, the Controlled Substances Import and Export Act (21 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-156 
U.S.C. 951-970), and any other applicable narcotics laws of the 
United States. 
(2) The Attorney General of the United States and the Secretary 
of Health and Human Services, as appropriate, are authorized to— 
(A) train law enforcement officers of the Government of the 
Northern Mariana Islands, and 
(B) provide, by purchase or lease, law enforcement equipment 
and technical assistance to the Government of the Northern 
Mariana Islands to carry out the purposes of this subtitle and 
any other Federal or commonwealth drug abuse law. 
(3) There are authorized to be appropriated $250,000 to carry out 
the purposes of this subsection, to remain available until expended. 
(4) Federal personnel and equipment assigned to Guam pursuant 
to subsection (b) of this section shall also be available to carry out 
the purposes of this subtitle in the Northern Mariana Islands. 
(d) PUERTO RICO.—(1) There are authorized to be appropriated for 
grants to the Government of Puerto Rico— 
(A) $3,300,000 for the purchase of 2 helicopters; 
(B) $3,500,000 for the purchase of an aircraft; and 
(C) $1,000,000 for the purchase and maintenance of 5 high-
speed vessels. 
Sums appropriated under this paragraph shall remain available 
until expended. 
(2) The United States Customs Service should station an aerostat 
in Puerto Rico. 
(3) Equipment provided to the Government of Puerto Rico pursu-
ant to paragraph (1) of this subsection shall be made available upon 
request to the Federal agencies involved in drug interdiction in 
Puerto Rico. 
(4)(A) The Attorney General and the Secretary of Health and 
Human Services of the United States may provide technical assist-
ance and equipment to the Government of Puerto Rico to carry out 
the purposes of this subtitle and any other Federal or common-
wealth drug abuse law. 
(B) There are authorized to be appropriated such sums as may be 
necessary to carry out subparagraph (A). Funds appropriated under 
this subparagraph shall remain available until expended. 
(e) THE VIRGIN ISLANDS.—(1) There are authorized to be appro-
priated for grants to the Government of the Virgin Islands— 
(A) $3,000,000 for 2 patrol vessels, tracking equipment, sup-
plies, and agents, and 
(B) $1,000,000 for programs to prevent and treat narcotics 
abuse, such sums to remain available until expended. 
(2) The United States Coast Guard should station a patrol vessel in 
St. Croix, Virgin Islands. 
(3)(A) The Attorney General and the Secretary of Health and 
Human Services of the United States may provide technical assist-
ance and equipment to the Government of the United States Virgin 
Islands to carry out the purposes of this subtitle and any other 
Federal or territorial drug abuse law. 
(B) There are authorized to be appropriated such sums as may be 
necessary to carry out subparagraph (A). Funds appropriated under 
this subparagraph shall remain available until expended. 
Northern 
Mariana Islands. 
Grants. 
^'i)8T:j80S 
Grants. 
;«H 
Subtitle B—National Park Service Program 
SEC. 5051. SHORT TITLE. 
This subtitle may be cited as the "National Park Police Drug 
Enforcement Supplemental Authority Act". 
National Park 
Police Drug 
Enforcement 
Supplemental 
Authority Act. 
16 u s e 1 note. 
100 STAT. 3207-157 
PUBLIC LAW 99-570—OCT. 27, 1986 
Federal 
Employee 
Substance Abuse 
Education and 
Treatment Act of 
1986. 
5 u s e 7301 note. 
16 u s e 1 note. 
SEC. 5052. NATIONAL PARK POLICE AUTHORIZATION. 
In order to improve Federal law enforcement activities relating to 
^1^ 
IJ^^, 
the use of narcotics and prohibited substances in National Park 
System units there are made available to the Secretary of the 
Interior, in addition to sums made available under other authority 
of law, $1,000,000 for the fiscal year 1987, and for each fiscal year 
thereafter, to be used for the employment and training of additional 
Park Police, for equipment and facilities to be used by Park Police, 
and for expenses related to such employment, training, equipment, 
and facilities. 
TITLE VI—FEDERAL EMPLOYEE SUBSTANCE ABUSE 
. 
EDUCATION AND TREATMENT 
SEC. 6001. SHORT TITLE. 
>/; 
i 
: 
r 
^ 
' 
This title may be cited as the "Federal Employee Substance Abuse 
Education and Treatment Act of 1986". 
SEC. 6002. PROGRAMS TO PROVIDE PREVENTION, TREATMENT, AND RE-
HABILITATION SERVICES TO FEDERAL EMPLOYEES WITH 
RESPECT TO DRUG AND ALCOHOL ABUSE. 
(a) IN GENERAL.—(1) Chapter 73 of title 5, United States Code, is 
amended by adding at the end the following: 
"SUBCHAPTER 
VI—DRUG 
ABUSE, 
ALCOHOL 
ABUSE, 
AND 
ALCOHOLISM 
5 use 7361. 
"§ 7361. Drug abuse 
"(a) The Office of Personnel Management shall be responsible for 
developing, in cooperation with the President, with the Secretary of 
Health and Human Services (acting through the National Institute 
on Drug Abuse), and with other agencies, and in accordance with 
applicable provisions of this subchapter, appropriate prevention, 
treatment, and rehabilitation programs and services for drug abuse 
among employees. Such agencies are encouraged to extend, to the 
extent feasible, such programs and services to the families of 
employees and to employees who have family members who are 
drug abusers. Such programs and services shall make optimal use of 
existing governmental facilities, services, and skills. 
"(b) Section 527 of the Public Health Service Act (42 U.S.C. 
290ee-3), relating to confidentiality of records, and any regulations 
prescribed thereunder, shall apply with respect to records main-
tained for the purpose of carrying out this section. 
Reports. 
"(c) Each agency shall, with respect to any programs or services 
provided by such agency, submit such written reports as the Office 
may require in connection with any report required under section 
7363 of this title. 
"(d) For the purpose of this section, the term 'agency' means an 
Executive agency. 
5 use 7362. 
"§ 7362. Alcohol abuse and alcoholism 
; 
"(a) The Office of Personnel Management shall be responsible for 
developing, in cooperation with the Secretary of Health and Human 
Services and with other agencies, and in accordance with applicable 
provisions of this subpart, appropriate prevention, treatment, and 
rehabilitation programs and services for alcohol abuse and alcohol-
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-158 
ism among employees. Such agencies are encoursiged to extend, to 
the extent feasible, such programs and services to the families of 
alcoholic employees and to employees who have family members 
who are alcoholics. Such programs and services shall make optimal 
use of existing governmental facilities, services, and skills. 
"(b) Section 523 of the Public Health Service Act (42 U.S.C. 
290dd-3), relating to confidentiality of records, and any regulations 
prescribed thereunder, shall apply with respect to records main- 
, , , , , . 
tained for the purpose of carrying out this section. 
* ' 
"(c) Each agency shall, with respect to any programs or services 
provided by such agency, submit such written reports as the Office 
may require in connection with any report required under section 
7363 of this title. 
"(d) For the purpose of this section, the term 'agency' means an 
Executive agency. 
"§ 7363. Reports to Congress 
5 use 7363. 
"(a) The Office of Personnel Management shall, within 6 months 
after the date of the enactment of the Federal Employee Substance 
Abuse Education and Treatment Act of 1986 and annually there-
after, submit to each House of Congress a report containing the 
matters described in subsection (b)-
"(b) Each report under this section shall include— 
"(1) a description of any programs or services provided under 
section 7361 or 7362 of this title, including the costs associated 
with each such program or service and the source and adequacy 
of any funding such program or service; 
"(2) a description of the levels of participation in each pro-
gram and service provided under section 7361 or 7362 of this 
title, and the effectiveness of such programs and services; 
"(3) a description of the training and qualifications required 
of the personnel providing any program or service under section 
7361 or 7362 of this title; 
"(4) a description of the training given to supervisory person-
nel in connection with recognizing the symptoms of drug or 
alcohol abuse and the procedures (including those relating to 
confidentiality) under which individuals are referred for treat-
ment, rehabilitation, or other assistance; 
"(5) any recommendations for legislation considered appro-
priate by the Office and any proposed administrative actions; 
, ,^. 
and 
"(6) information describing any other related activities under 
section 7904 of this title, and any other matter which the Office 
considers appropriate.". 
(2) The analysis for chapter 73 of title 5, United States Code, is 
amended by adding at the end the following: 
"SUBCHAPTER VI—DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOUSM 
"Sec. 
"7361. Drug abuse. 
"7362. Alcohol abuse and alcoholism. 
"7363. Reports to Congress.". 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— The Public 
Health Service Act is amended— 
(1) in section 521 (42 U.S.C. 290dd-l)— 
(A) by striking out subsection (a); 
(B) by striking out "similar" in subsection (bXD; and 
100 STAT. 3207-159 
PUBLIC LAW 99-570—OCT. 27, 1986 
(C) by redesignating subsections (b), (c), and (d) as subsec-
tions (a), (b), and (c), respectively; and 
(2) in section 525 (42 U.S.C. 290ee-l)— 
(A) by striking out subsection (a); 
(B) by striking out "similar" in subsection (b)(1); and 
'
"
» ' •
' 
(C) by redesignating subsections (b), (c), and (d) as subsec-
tions (a), (b), and (c), respectively. 
5 u s e 7361 note. 
SEC. 6003. EDUCATIONAL PROGRAM FOR FEDERAL EMPLOYEES RELAT-
ING TO DRUG AND ALCOHOL ABUSE. 
(a) ESTABLISHMENT.—The Director of the Office of Personnel 
Management shall, in consultation with the Secretary of Health and 
Human Services, establish a Government-wide education program, 
using seminars and such other methods as the Director considers 
appropriate, to carry out the purposes prescribed in subsection (b). 
(b) PURPOSES.—The program established under this section shall 
H
'
>
t
. )a J 
be designed to provide information to Federal Government em-
ployees with respect to— 
(1) the short-term and long-term health hazards associated 
with alcohol abuse and drug abuse; 
rtfti 
(2) the symptoms of alcohol abuse and drug abuse; 
(3) the availability of any prevention, treatment, or rehabilita-
tion programs or services relating to alcohol abuse or drug 
abuse, whether provided by the Federal Government or 
otherwise; 
(4) confidentiality protections afforded in connection with any 
prevention, treatment, or rehabilitation programs or services; 
(5) any penalties provided under law or regulation, and any 
administrative action (permissive or mandatory), relating to the 
use of alcohol or drugs by a Federal Government employee or 
the failure to seek or receive appropriate treatment or re-
habilitation services; and 
(6) any other matter which the Director considers appro-
priate. 
SEC. 6004. EMPLOYEE ASSISTANCE PROGRAMS RELATING TO DRUG 
ABUSE AND ALCOHOL ABUSE. 
(a) IN GENERAL.—Chapter 79 of title 5, United States Code, is 
amended by adding at the end the following: 
5 use 7904. 
"§ 7904. Employee assistance programs relating to drug abuse and 
alcohol abuse 
"(a) The head of each Executive agency shall, in a manner consist-
ent with guidelines prescribed under subsection (b) of this section 
and applicable provisions of law, establish appropriate prevention, 
treatment, and rehabilitation programs and services for drug abuse 
and alcohol abuse for employees in or under such agency. 
"(b) The Office of Personnel Management shall, after such con-
sultations as the Office considers appropriate, prescribe guidelines 
for programs and services under this section. 
"(c) The Secretary of Health and Human Services, on request of 
the head of an Executive agency, shall review any program or 
service provided under this section and shall submit comments and 
recommendations to the head of the agency concerned.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 79 of 
title 5, United States Code, is amended by adding at the end the 
following: 
"7904. Employee assistance programs relating to drug abuse and alcohol abuse.". 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-160 
SEC. 6005. SIBSTANCK ABUSE {:()VERA(;E STUDY. 
21 USC 801 note. 
(a) STUDY.—The Secretary of Health and Human Services shall 
Contracts, 
contract with the Institute of Medicine of the National Academy of 
Sciences to conduct a study of (1) the extent to which the cost of drug 
abuse treatment is covered by private insurance, public programs, 
and other sources of payment, and (2) the adequacy of such coverage 
for the rehabilitation of drug abusers. 
(b) REPORT.—Not later than one year after the date of the enact-
ment of this Act the Secretary of Health and Human Services shall 
transmit to the Congress a report of the results of the study con-
ducted under subsection (a). The report shall include recommenda-
tions of means to meet the needs identified in such study. 
SEC. 6006. HEALTH INSURANCE COVERAGE FOR DRUG AND ALCOHOL 
21 USC 801 note. 
TREATMENT. 
(a) FINDINGS.—The Congress finds that— 
(1) drug and alcohol abuse are problems of grave concern and 
consequence in American society; 
(2) over 500,000 individuals are known heroin addicts; 5 mil-
lion individuals use cocaine; and at least 7 million individuals 
regularly use prescription drugs, mostly addictive ones, without 
medical supervision; 
(3) 10 million adults and 3 million children and adolescents 
abuse alcohol, and an additional 30 to 40 million people are 
adversely affected because of close family ties to alcoholics; 
(4) the total cost of drug abuse to the Nation in 1983 was over 
$60,000,000,000; and 
(5) the vast majority of health benefits plans provide only 
>
^ .-m ' 
limited coverage for treatment of drug and alcohol addiction, 
which is a fact that can discourage the abuser from seeking 
treatment or, if the abuser does seek treatment, can cause the 
*' 
abuser to face significant out of pocket expenses for the 
treatment. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) all employers providing health insurance policies should 
^ 
ensure that the policies provide adequate coverage for treat-
ment of drug and alcohol addiction in recognition that the 
health consequences and costs for individuals and society can be 
as formidable as those resulting from other diseases and ill- 
,,. -«>| i.. 
nesses for which insurance coverage is much more adequate; 
and 
(2) State insurance commissioners should encourage employ- 
State and local 
ers providing health benefits plans to ensure that the policies 
governments. 
provide more adequate coverage for treatment of drug and 
alcohol addiction. 
10 fi 
ear 
TITLE VII—NATIONAL ANTIDRUG REORGANIZATION AND 
COORDINATION 
SEC. TOOL SHORT TITLE. 
This title may be cited as the "National Antidrug Reorganization 
and Coordination Act". 
SEC. 7002. FINDINGS. 
The Congress finds that— 
National 
Antidrug 
Reorganization 
and 
Coordination 
Act. 
100 STAT. 3207-161 
PUBLIC LAW 99-570—OCT. 27, 1986 
President of U.S. 
State and local 
governments. 
(1) the Federal Government's response to drug trafficking and 
drug abuse is divided among several dozen agencies and bureaus 
of the Government, ranging from the Department of Defense to 
the Department of Health and Human Services; 
(2) numerous recent congressional hearings and reports, re-
ports by the Comptroller General, and studies by Executive 
branch agencies have documented the waste and inefficiency 
caused by this division of responsibilities; 
(3) interagency competition for credit and budget dollars im-
poses critical obstacles to efficient application of national re-
sources in combating drug trafficking and drug abuse; and 
(4) successfully combating such trafficking and drug abuse 
requires coherent planning that includes intelligent organiza-
tion and operations of Executive branch agencies. 
SEC. 7003. SUBMISSION OF LEGISLATION. 
Not later than 6 months after the date of enactment of this title, 
the President shall submit to each House of Congress recommenda-
tions for legislation to reorganize the Executive branch of the 
Government to more effectively combat drug traffic and drug abuse. 
In the preparation of such recommendations, the President shall 
consult with the Comptroller General, State and local law enforce-
ment authorities, relevant committees of the Congress, and the 
Attorney General and the Secretaries of State, the Treasury, 
Transportation, 
Health 
and 
Human 
Services, Defense, 
and 
Education. 
President's 
Media 
Commission on 
Alcohol and 
Drug Abuse 
Prevention Act. 
21 u s e 1301 
note. 
21 u s e 1301. 
21 u s e 1302. 
TITLE VIII—PRESIDENT'S MEDIA COMMISSION ON 
ALCOHOL AND DRUG ABUSE PREVENTION 
SEC. 8001. SHORT TITLE. 
- • u ?: 
This title may be cited as the "President's Media Commission on 
Alcohol and Drug Abuse Prevention Act". 
SEC. 8002. ESTABLISHMENT. 
^ 
b )1 
J 
There is established a commission to be known as the President's 
Media Commission on Alcohol and Drug Abuse Prevention (herein-
after in this title referred to as the "Commission"). 
SEC. 8003. DUTIES OF COMMISSION. 
The Commission shall— 
(1) examine public education programs in effect on the date of 
the enactment of this title which are— 
(A) implemented through various segments of mass 
media; and 
(B) intended to prevent alcohol and drug abuse; 
(2) act as an administrative and coordinating body for the 
voluntary donation of resources from— 
(A) television, radio, motion picture, cable communica-
tions, and print media; 
(B) the recording industry; 
^' (C) the advertising industry; 
(D) the business sector of the United States; and 
(E) professional sports organizations and associations; 
to assist the implementation of new programs and national 
strategies for dissemination of information intended to prevent 
alcohol £ind drug abuse; 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-162 
(3) encourage media outlets throughout the country to provide 
information aimed at preventing alcohol and drug abuse, 
including public service announcements, documentary films, 
and advertisements; and 
(4) evaluate the effectiveness and assist in the update of 
programs and national strategies formulated with the assist-
ance of the Commission. 
SEC. 8004. MEMBERSHIP. 
21 USC 1303. 
(a) NUMBER AND APPOINTMENT.—The Commission shall be com-
posed of 12 members appointed by the President within 30 days 
after the date of the enactment of this title, and should include 
representatives o
f
— 
(1) advertising agencies; 
(2) motion picture, television, radio, cable communications, 
and print media; 
(3) the recording industry; 
(4) other segments of the business sector of the United States; 
> 
' 
(5) experts in the prevention of alcohol and drug abuse; 
(6) professional sports organizations and associations; and 
(7) other Federal agencies, as designated by the President, 
including the Director of the Agency for Substance Abuse 
Prevention of the Department of Health and Human Services. 
(b) TERMS.—(1) Except as provided in paragraphs (2) and (3), 
members shall be appointed for terms of 3 years. 
(2) Any member appointed to fill a vacancy occurring before the 
expiration of the term for which his predecessor was appointed shall 
be appointed only for the remainder of such term. 
(3) A member may serve after the expiration of his term until his 
successor has taken office. 
(c) BASIC PAY AND EXPENSES.—(1) Except as provided in paragraph 
(2), members of the Commission shall serve without pay. 
(2) While away from their homes or regular places of business in 
the performance of services for the Commission, members shall be 
allowed travel expenses, including a per diem allowance in lieu of 
subsistence, in the same manner as persons serving intermittently 
in the Government service are allowed travel expenses under sec- 
IMU L,. 
tion 5703 of title 5, United States Code. 
SEC. 800,5. MEETINGS. 
21 USC 1304. 
(a) IN GENERAL.—(1) The Commission shall meet at the call of the 
Moderator. 
(2) The Moderator shall convene the 1st meeting of the Commis-
sion within 30 days after the date of the completion of appointments 
under section 8004(a). 
- -'• ' ^
S 
(b) MODERATOR.—One member of the Commission shall be des-
ignated by the President to serve as Moderator of the Commission. 
(c) QUORUM AND PROCEDURE.—The Commission shall adopt 
rules regarding quorum requirements and meeting procedures as 
the Commission deems appropriate at the 1st meeting of the 
Commission. 
(d) VOTING.—Decisions and official acts of the Commission shall be 
according to the vote of a majority of members at a properly called 
meeting. 
100 STAT. 3207-163 
PUBLIC LAW 99-570—OCT. 27, 1986 
21 use 1305. 
SEC. 8006. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS. 
(a) DIRECTOR AND STAFF.—(1) Subject to paragraph (2), the Modera-
tor, with the approval of the Commission, may employ and set the 
rate of pay for a Director and such staff as the Moderator deems 
necessary. 
(2) Rates of pay set under paragraph (1) shall be less than the rate 
of basic pay payable under section 5316 of title 5, United States 
c,'r'i[ D-ili 
Code. 
(b) EXPERTS AND CONSULTANTS.—The Moderator, with the ap-
proval of the Commission, may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code. 
(c) STAFF OF FEDERAL AGENCIES.—Upon request of the Commis-
sion, the head of any Federal agency is authorized to detail, on a 
reimbursable basis, any of the personnel of such agency to the 
Commission to assist the Commission in carrjring out its duties 
under this title. 
21 use 1306. 
SEC. 8007. POWERS OF COMMISSION. 
(a) HEARINGS AND SESSIONS.—The Commission may, for the pur-
pose of carrying out this title, hold such hearings, sit and act at such 
times and places, take such testimony, and receive such evidence, as 
the Commission considers appropriate. 
(b) OBTAINING OFFICIAL DATA.—Upon the request of the Modera-
tor of the Commission, the Commission may secure directly from 
any department or agency of the United States information nec-
essary to enable it to carry out this title. 
(c) GIFTS.—The Commission may accept, use, and dispose of gifts 
or donations of services or property. 
(d) MAILS.—The Commission may use the United States mails in 
the same manner and under the same conditions as other depart-
ments and agencies of the United States. 
(e) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of 
General Services shall provide to the Commission on a reimbursable 
basis such administrative support services as the Commission may 
request. 
21USC1307. 
SEC. 8008. REPORT. 
The Commission shall transmit to the President and to each 
p 
House of Congress a report not later than July 31 of each year which 
contains a detailed statement of the activities of the Commission 
during the preceding year, including a summary of the number of 
public service announcements produced by the Commission and 
published or broadcast. 
21 use 1308. 
SEC. 8009. TERMINATION. 
-
The Commission shall terminate on a date which is three years 
after the date on which members of the Commission are first 
appointed, unless the President, by Executive order, extends the 
authority of the Commission. 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-164 
TITLE IX—DENIAL OF TRADE BENEFITS TO UNCOOPERA-
TIVE 
MAJOR 
DRUG PRODUCING 
OR 
DRUG-TRANSIT 
COUNTRIES 
SEC. 
9001. TARIFF TREATMENT OF PRODUCTS OF UNCOOPERATIVE 
MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES. 
The Trade Act of 1974 is amended by adding at the end thereof 
19 USC 
2101. 
the following: 
"TITLE VIII—TARIFF TREATMENT OF PRODUCTS OF UNCO- 
Narcotics 
OPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRAN- 
Control Trade 
SIT COUNTRIES 
^''^• 
"SEC. 
801. SHORT TITLE. 
19 USC 2491. 
"This title may be cited as the 'Narcotics Control Trade Act'. 
"SEC. 
802. TARIFF TREATMENT OF PRODUCTS OF UNCOOPERATIVE 
19 USC 2492. 
MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES. 
"(a) REQUIRED ACTION BY PRESIDENT.—Subject to subsection (b), for 
every major drug producing country and every major drug-transit 
country, the President shall, on or after March 1,1987, and March 1 
c
s
^ io ;u 
of each succeeding year, to the extent considered necessary by the 
President to achieve the purposes of this title— 
"(1) deny to any or all of the products of that country tariff 
treatment under the Generalized System of Preferences, the 
Caribbean Basin Economic Recovery Act, or any other law 
19 USC 2701 
' 
providing preferential tariff treatment; 
^°^^-
"(2) apply to any or all of the dutiable products of that 
country an additional duty at a rate not to exceed 50 percent ad 
valorem or the specific rate equivalent; 
"(3) apply to one or more duty-free products of that country a 
duty at a rate not to exceed 50 percent ad valorem; or 
"(4) take any combination of the actions described in para-
graphs (1), (2), and (3). 
"OD) CERTIFICATIONS; CONGRESSIONAL ACTION.—(1) Subsection (a) 
shall not apply with respect to a country if the President determines 
and so certifies to the Congress, at the time of the submission of the 
report required by section 481(e) of the Foreign Assistance Act of 
1961, 
that during the previous year that country has cooperated 
Ante, p. 3207-63. 
fully with the United States, or has taken adequate steps on its own, 
in preventing narcotic and psychotropic drugs and other controlled 
substances produced or processed, in whole or in part, in such 
country or transported through such country, from being sold ille-
gally within the jurisdiction of such country to United States 
Government personnel or their dependents or from being trans-
ported, directly or indirectly, into the United States and in prevent-
ing and punishing the laundering in that country of drug-related 
profits or drug-related monies. 
"(2) In making the certification required by paragraph (1), the 
President shall give foremost consideration to whether the actions of 
the government of the country have resulted in the maximum 
•(••'v.. 'irjU HI-
reductions in illicit drug production which were determined to be 
achievable pursuant to section 481(e)(4) of the Foreign Assistance 
Act of 1961. The President shall also consider whether such 
government— 
100 STAT. 3207-165 
PUBLIC LAW 99-570—OCT. 27, 1986 
"(A) has taken the legal and law enforcement measures to 
enforce in its territory, to the maximum extent possible, the 
elimination of illicit cultivation and the suppression of illicit 
manufacture of and traffic in narcotic and psychotropic drugs 
and other controlled substances, as evidenced by seizures of 
such drugs and substances and of illicit laboratories and the 
.. • 
arrest and prosecution of violators involved in the traffic in 
such drugs and substances significantly affecting the United 
States; and 
"(B) has taken the legal and law enforcement steps necessary 
' 
to eliminate, to the maximum extent possible, the laundering in 
that country of drug-related profits or drug-related monies, as 
evidence by— 
"(i) the enactment and enforcement of laws prohibiting 
' ' 
such conduct, 
3il 
"(ii) the willingness of such government to enter into 
„.. 
mutual legal assistance agreements with the United States 
• 
*' 
governing (but not limited to) money laundering, and 
"(iii) the degree to which such government otherwise 
cooperates with United States law enforcement authorities 
on anti-money laundering efforts. 
Congress. 
"(3) Subsection (a) shall apply to a country without regard to 
paragraph (1) of this subsection if the Congress enacts, within 30 
days of continuous session after receipt of a certification under 
paragraph (1), a joint resolution disapproving the determination of 
the President contained in that certification. 
President of U.S. 
"(4) If the President takes action under subsection (a), that action 
shall remain in effect until— 
"(A) the President makes the certification under paragraph 
(1), a period of 30 days of continuous session of Congress elapses, 
and during that period the Congress does not enact a joint 
resolution of disapproval; or 
"(B) the President submits at any other time a certification of 
the matters described in paragraph (1) with respect to that 
country, a period of 30 days of continuous session of Congress 
elapses, and during that period the Congress does not enact a 
joint resolution of disapproving the determination contained in 
that certification. 
"(5) For the purpose of expediting the consideration and enact-
^ „ 
ment of joint resolutions under paragraphs (3) and (4)— 
" 
' •"• • 
"(A) a motion to proceed to the consideration of any such joint 
resolution after it has been reported by the Committee on Ways 
and Means shall be treated £is highly privileged in the House of 
Representatives; and 
"(B) a motion to proceed to the consideration of any such joint 
resolution after it has been reported by the Committee on 
Finance shall be treated as privileged in the Senate. 
"(c) DURATION OF ACTION.—The action taken by the President 
under subsection (a) shgJl apply to the products of a foreign country 
that are entered, or withdrawn from warehouse for consumption, 
during the period that such action is in effect. 
19 use 2493. 
"SEC. 803. SUGAR QUOTA. 
'"' " 
"Notwithstanding any other provision of law, the President may 
not allocate any limitation imposed on the quantity of sugar to any 
country which has a Government involved in the trade of illicit 
narcotics or is failing to cooperate with the United States in narcot-
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-166 
ics enforcement activities as defined in section 802(b) as determined 
by the President. 
"SEC. 801. FROCJRESS REPORTS. 
19 USC 2494. 
"The President shall include as a part of the annual report 
, , 
required under section 481(e)(1) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2291(e)(1)) an evaluation of progress that each major 
• 
drug producing country and each major drug-transit country has 
made during the reporting period in achieving the objectives set 
forth in section 802(b). 
"SEC. 805. DEFINITIONS. 
19 USC 2495. 
"For purposes of this title— 
"(1) continuity of a session of Congress is broken only by an 
adjournment of the Congress sine die, and the days on which 
either House is not in session because of an adjournment of 
more than three days to a day certain are excluded in the 
computation of the period indicated; 
"(2) the term 'major drug producing country' means a country 
producing five metric tons or more of opium or opium derivative 
during a fiscal year or producing five hundred metric tons or 
more of coca or marijuana (as the case may be) during a fiscal 
year; and 
"(3) the term 'major drug-transit country' means a country— 
"(A) that is a significant direct source of illicit narcotic or 
psychotropic drugs or other controlled substances signifi-
cantly affecting the United States; 
"(B) through which are transported such drugs or 
substances; or 
"(C) through which significant sums of drug-related 
profits or monies are laundered with the knowledge or 
complicity of the government; and 
' 
' * 
"(4) the term 'narcotic and psychotropic drugs and other 
controlled substances' has the same meaning as is given by any 
applicable international narcotics control agreement or domes-
tic law of the country or countries concerned.". 
SEC. 9002. CONFORMING AMENDMENTS. 
(a) GENERALIZED SYSTEM OF PREFERENCES.—Section 502(b) of 
the 
Trade Act of 1974 (19 U.S.C. 2462(b)) is amended— 
(1) by striking out paragraph (5); 
(2) by redesignating paragraphs (6), (7), and (8) as paragraphs 
(5), (6), and (7); and 
(3) by striking out "(5)," in the last sentence. 
(b) CARIBBEAN BASIN ECONOMIC RECOVERY.—Section 212(b) of the 
Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)) is 
amended— 
(1) by inserting "and" after the semicolon at the end of 
paragraph (5); 
(2) by striking out paragraph (6); and 
(3) by redesignating paragraph (7) as paragraph (6). 
TITLE X—BALLISTIC KNIFE PROHIBITION 
Ballistic Knife 
Prohibition Act 
SEC. 10001. SHORT TITLE. 
°f l^^^-
This title may be cited as the "Ballistic Knife Prohibition Act of 
^^ ^^^ ^^^^ 
1986". 
''°^^-
100 STAT. 3207-167 
PUBLIC LAW 99-570—OCT. 27, 1986 
SEC. 10002. PROHIBITION OF POSSESSION, MANUFACTURE, SALE, AND 
IMPORTATION OF BALLISTIC KNIVES. 
The Act entitled "An Act to prohibit the introduction, or manu-
facture for introduction, into interstate commerce of switchblade 
15 use 1241. 
knives, and for other purposes" (15 U.S.C. 1232 et seq.) is amended 
by adding at the end the following: 
15 use 1245. 
"SEC. 7. (a) Whoever knowingly possesses, manufactures, sells, or 
imports a ballistic knife shall be fined as provided in title 18, United 
States Code, or imprisoned not more than ten years, or both. 
"(b) Whoever possesses or uses a ballistic knife in the commission 
c
i
f
H y [f 
of a Federal or State crime of violence shall be fined as provided in 
title 18, United States Code, or imprisoned not less than five years 
and not more than ten years, or both. 
"(c) The exceptions provided in paragraphs (1), (2), and (3) of 
section 4 with respect to switchblade knives shall apply to ballistic 
knives under subsection (a) of this section. 
"(d) As used in this section, the term 'ballistic knife' means a knife 
with a detachable blade that is propelled by a spring-operated 
mechanism.". 
SEC. 10003. NONMAILABILITY OF BALLISTIC KNIVES. 
Section 1716 of title 18, United States Code, is amended by insert-
ing after subsection (h) and before the first undesignated paragraph 
after such subsection the following: 
"(i)(l) Any ballistic knife shall be subject to the same restrictions 
and penalties provided under subsection (g) for knives described in 
the first sentence of that subsection. 
"(2) As used in this subsection, the term 'ballistic knife' means a 
knife with a detachable blade that is propelled by a spring-operated 
mechanism.". 
15USC1245 
SEC. 10004. EFFECTIVE DATE. 
' 
:* 
The amendments made by this title shall take effect 30 days after 
the date of enactment of this title. 
Homeless 
TITLE XI—HOMELESS ELIGIBILITY CLARIFICATION ACT 
Eligibility 
Clarification 
g^c. nooi. SHORT TITLE. 
Act. 
7 use 2011 note. 
This title may be cited as the "Homeless Eligibility Clarification 
Act". 
Subtitle A—Emergency Food for the Homeless 
SEC. 11002. MEALS SERVED TO HOMELESS INDIVIDUALS. 
(a) DEFINITION OF FOOD.—Section 3(g) of the Food Stamp Act of 
1977 (7 U.S.C. 2012(g)) is amended— 
(1) in clause (1), by striking out "and (8)" and inserting in lieu 
thereof "(8), and (9)"; 
(2) by striking out "and" at the end of clause (7); and 
(3) by inserting before the period at the end thereof the 
following: ", and (9) in the case of households that do not reside 
in permanent dwellings and households that have no fixed 
• : 
mailing addresses, meals prepared for and served by a public or 
•
,
f 
', 
private nonprofit establishment (approved by an appropriate 
State or local Eigency) that feeds such individuals and by a 
- 
'
<
^ ' f
- 
public or private nonprofit shelter (approved by an appropriate 
State or local agency) in which such households temporarily 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-168 
reside (except that such establishments and shelters may only 
request voluntary use of food stamps by such individuals and 
may not request such households to pay more than the average 
cost of the food contained in a meal served by the establishment 
or shelter)". 
(b) DEFINITION OF HOUSEHOLD.—The last sentence of section 3(i) of 
such Act (7 U.S.C. 2012(i)) is amended by inserting after "battered 
women and children," the following: "residents of public or private 
nonprofit shelters for individuals who do not reside in permanent 
dwellings or have no fixed mailing addresses, who are otherwise 
eligible for coupons,". 
(c) DEFINITION OF RETAIL FOOD STORE.—Section 3(k)(2) of such Act 
(7 U.S.C. 2012(k)(2)) is amended by striking "and (8)" and inserting 
in lieu thereof "(8), and (9)". 
(d) PARTICIPATION OF ESTABUSHMENTS AND SHELTERS.—Section 9 of 
such Act (7 U.S.C. 2018) is amended by adding at the end thereof the 
following new subsection: 
"(g) In an area in which the Secretary, in consultation with the 
Inspector General of the Department of Agriculture, finds evidence 
that the participation of an establishment or shelter described in 
section 3(g)(9) damages the program's integrity, the Secretary shall 
limit the participation of such establishment or shelter in the food 
stamp program, unless the establishment or shelter is the only 
establishment or shelter serving the area.". 
(e) REDEMPTION OF COUPONS.—The first sentence of section 10 of 
such Act (7 U.S.C. 2019) is amended— 
(1) by striking out "and" after "battered women and chil-
dren,"; and 
(2) by inserting after "blind residents" the following: ", and 
public or private nonprofit establishments, or public or private 
nonprofit shelters that feed individuals who do not reside in 
permanent dwellings and individuals who have no fixed mailing 
addresses". 
(f)(1) The amendments made by this section shall become effective, 
and be implemented by issuance of final regulations, not later than 
April 1,1987. 
(2) Not later than September 30, 1988, the Secretary of Agri-
culture shall submit to the Committee on Agriculture of the House 
of Representatives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate a report that evaluates the program 
established by the amendments made by this section, including any 
proposed legislative recommendations. 
(3) The amendments made by this section shall cease to be effec-
tive after September 30,1990. 
Mi-L C
«
f
t
^ 
Effective date. ' 
Regulations. 
* 
7 use 2012 note. 
Reports. 
Subtitle B—Job Training for the Homeless 
SEC. 11004. JOB TRAINING FOR THE HOMELESS. 
(a) GOVERNOR'S COORDINATION AND SPECIAL SERVICES PLAN TO 
INCLUDE HOMELESS.—(1) Section 1210t)Xl) of the Job Training Part-
nership Act (20 U.S.C. 15310t)Xl)) is amended by inserting after 
"rehabilitation agencies" a comma and the following: "programs for 
the homeless". 
(2) Section 121(cX3) of the Job Training Partnership Act is 
amended by inserting after "offenders" a comma and the following: 
"homeless individuals". 
29 use 1531. 
100 STAT. 3207-169 
PUBLIC LAW 99-570—OCT. 27, 1986 
42 u s e 1383 
note. 
42 u s e 1396aa 
note. 
State and local 
governments. 
42 u s e 602 note. 
42 u s e 601. 
(b) BARRIERS TO EMPLOYMENT RULE.—Section 203(a)(2) of the Job 
Training Partnership Act (29 U.S.C. 1603(a)(2)) is amended by strik-
ing out "or addicts" and inserting in lieu thereof "addicts, or 
homeless". 
Subtitle C—Entitlements Eligibility 
SEC. 11005. TREATMENT OF HOMELESS INDIVIDUALS ELIGIBLE UNDER 
SSI AND MEDICAID PROGRAMS. 
(a) SSI PROGRAM.—Section 1631(e) of the Social Security Act (42 
U.S.C. 1383(e)) is amended by adding at the end the following new 
paragraph: 
"(3) The Secretary shall provide a method of making payments 
under this title to an eligible individual who does not reside in a 
permanent dwelling or does not have a fixed home or mailing 
address.". 
(b) MEDICAID PROGRAM.—Section 1902(a) of such Act (42 U.S.C. 
1396a(a)) is amended— 
(1) by striking "and" at the end of paragraph (45), 
(2) by striking the period at the end of paragraph (46) and 
inserting in lieu thereof "; and", and 
(3) by adding at the end the following new paragraph: 
"(47) provide a method of making cards evidencing eligibility 
for medical assistance available to an eligible individual who 
does not reside in a permanent dwelling or does not have a fixed 
home or mailing address.". 
(c) EFFECTIVE DATE.—(1) The amendment made by subsection (a) 
shall become effective on the date of the enactment of this Act. 
(2) The amendments made by subsection (b) shall become effective 
on January 1, 1987, without regard to whether or not final regula-
tions to carry out such amendments have been promulgated by such 
date. 
(d) AFDC.—No later than six months after the date of enactment 
of this act and after consultation with the States administering 
plans under Title IV of the Social Security Act, the Secretary of 
Health and Human Services shall issue guidelines to the States for 
providing benefits under Title IV to a dependent child who does not 
reside in a permanent dwelling or does not have a fixed home or 
mailing address. 
SEC. 11006. APPLICATION FOR SSI AND FOOD STAMP BENEFITS BY SSI 
PRE-RELEASE INDIVIDUALS. 
Section 1631 of the Social Security Act (42 U.S.C. 1383) is amended 
by adding at the end thereof the following new subsection: 
"PRE-RELEASE PROCEDURES FOR INSTITUTIONALIZED PERSONS 
"(j) The Secretary shall develop a system under which an individ-
ual can apply for supplemental security income benefits under this 
title prior to the discharge or release of the individual from a public 
institution. The Secretary and the Secretary of Agriculture shall 
develop a procedure under which an individual who applies for 
supplemental security income benefits under this title shall also be 
permitted to apply for participation in the food stamp program by 
executing a single application.". 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-170 
SEC. 11007. DELIVERY OF VETERANS'BENEFITS PAYMENTS. 
(a) IN GENERAL.—(1) Section 3003 of title 38, United States Code, is 
amended by adding at the end thereof the following new subsection: 
"(c) Benefits under laws administered by the Veterans' Adminis-
tration may not be denied an applicant on the basis that the 
applicant does not have a mailing address.". 
(2) Section 3020 of title 38, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(f)(1) In the case of a payee who does not have a mailing address, 
payments of monetary benefits under laws administered by the 
Veterans' Administration shall be delivered under an appropriate 
method prescribed pursuant to paragraph (2) of this subsection. 
"(2) The Administrator shall prescribe an appropriate method or 
methods for the delivery of payments of monetary benefits under 
laws administered by the Veterans' Administration in cases de-
scribed in paragraph (1) of this subsection. To the maximum extent 
practicable, such method or methods shall be designed to ensure the 
delivery of payments in such cases.". 
(b) EFFECTIVE DATE.—(1) The amendment made by subsection 
(a)(1) shall take effect on the date of enactment of this Act. 
(2) The amendment made by subsection (a)(2) shall take effect with 
respect to payments made on or after October 1, 1986. 
38 u s e 3003 
note. 
38 u s e 3020 
note. 
TITLE XII—COMMERCIAL MOTOR VEHICLE SAFETY ACT 
OF 1986 
SECTION 12001. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This title may be cited as the "Commercial 
Motor Vehicle Safety Act of 1986". 
(b) TABLE OF CONTENTS.— 
Sec. 12001. Short title. 
Sec. 12002. Limitation on number of driver's licenses. 
Sec. 12003. Notification requirements. 
Sec. 12004. Employer responsibilities. 
Sec. 12005. Testing of operators. 
Sec. 12006. Commercial driver's license. 
Sec. 12007. Commercial driver's license information system. 
Sec. 12008. Federal disqualifications. 
Sec. 12009. Requirements for State participation. 
Sec. 12010. Grant program. 
Sec. 12011. Withholding of highway funds for State noncompliance. 
Sec. 12012. Penalties. 
Sec. 12013. Waiver authority. 
Sec. 12014. Commercial motor vehicle safety grants. 
Sec. 12015. Truck brake regulations. 
Sec. 12016. Radar demonstration project. 
j 
Sec. 12017. Limitation on statutory construction. 
Sec. 12018. Regulations. 
Sec. 12019. Definitions. 
SEC. 12002. LIMITATION ON NUMBER OF DRIVER'S LICENSES. 
Effective July 1, 1987, no person who operates a commercial motor 
vehicle shall at any time have more than one driver's license, except 
during the 10-day period beginning on the date such person is issued 
a driver's license and except whenever a State law enacted on or 
before June 1, 1986, requires such person to have more than one 
driver's license. The second exception in the preceding sentence 
shall not be effective after December 31, 1989. 
Commercial 
Motor Vehicle 
Safety Act of 
1986. 
49 u s e app. 2701 
note. 
Effective date. 
State and local 
governments. 
49 u s e app. 
2701. 
100 STAT. 3207-171 
PUBLIC LAW 99-570—OCT. 27, 1986 
Effective dates. 
SEC. 12003. NOTIFICATION REQUIREMENTS. 
49 u s e app. 
2702. 
', : K 
Regulations. 
Effective date. 
State and local 
governments. 
49 u s e app. 
2703. 
49 u s e app. 
2704. 
Regulations. 
(a) NOTIFICATION OF VIOLATIONS.— 
(1) TO STATES.—Effective July 1, 1987, each person who oper-
ates a commercial vehicle, who has a driver's license issued by a 
... State, and who violates a State or local law relating to motor 
vehicle traffic control (other than a parking violation) in any 
V i other State shall notify a State official designated by the State 
which issued such license of such violation, within 30 days after 
the date such person is found to have committed such violation. 
(2) To EMPLOYERS.—Effective July 1, 1987, each person who 
operates a commercial vehicle, who has a driver's license issued 
by a State, and who violates a State or local law relating to 
motor vehicle traffic control (other than a parking violation) 
shall notify his or her employer of such violation, within 30 days 
after the date such person is found to have committed such 
violation. 
(b) NOTIFICATION OF SUSPENSIONS.—Effective July 1, 1987, each 
employee who has a driver's license suspended, revoked, or can-
celled by a State, who loses the right to operate a commercial motor 
vehicle in a State for any period, or who is disqualified from 
operating a commercial motor vehicle for any period shall notify his 
or her employer of such suspension, revocation, cancellation, lost 
right, or disqualification, within 30 days after the date of such 
suspension, revocation, cancellation, lost right, or disqualification. 
(c) NOTIFICATION OF PREVIOUS EMPLOYMENT.— 
(1) GENERAL RULE.—Effective July 1, 1987, subject to para-
graph (2) of this subsection, each person who operates a 
commercial motor vehicle and applies for employment as an 
operator of a commercial motor vehicle with an employer shall 
notify at the time of such application the employer of his or her 
previous employment as an operator of a commercial motor 
vehicle. 
(2) PERIOD OF PREVIOUS EMPLOYMENT.—The Secretary shall 
establish by regulation the period for which previous employ-
ment must be notified under paragraph (1), except that such 
period shall not be less than a 10-year period ending on the date 
of application for employment. 
SEC. 12004. EMPLOYER RESPONSIBILITIES. 
Effective July 1, 1987, no employer shall knowingly allow, permit, 
or authorize an employee to operate a commercial motor vehicle in 
the United States during any period— 
(1) in which such employee has a driver's license suspended, 
revoked, or cancelled by a State, has lost the right to operate a 
commercial motor vehicle in a State, or has been disqualified 
from operating a commercial motor vehicle; or 
(2) in which such employee has more than 1 driver's license, 
except during the 10-day period beginning on the date such 
employee is issued a driver's license and except whenever a 
State law enacted on or before June 1, 1986, requires such 
" 
employee to have more than one driver's license. 
The second exception in paragraph (2) shall not be effective after 
December 31,1989. 
SEC. 12005. TESTING OF OPERATORS. 
^
^ 
(a) ESTABLISHMENT OF MINIMUM FEDERAL STANDARDS.—Not later 
than July 15, 1988, the Secretary shall issue regulations to establish 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-172 
minimum Federal standards for testing and ensuring the fitness of 
persons who operate commercial motor vehicles. Such regulations— 
(1) shall establish minimum Federal standards for written 
tests and driving tests of persons who operate such vehicles; 
(2) shall require a driving test of each person who operates or 
will operate a commercial motor vehicle in a vehicle which is 
representative of the t3rpe of vehicle such person operates or 
J 
will operate; 
(3) shall establish minimum Federal testing standards for 
operation of commercial motor vehicles and, if the Secretary 
, 
(U^ 
considers appropriate to carry out the objectives of this title, 
; . /^, 
. 
may establish different minimum testing standards for different 
classes of commercial motor vehicles; 
(4) shall ensure that each person taking such tests has a 
working knowledge of (A) regulations pertaining to safe oper-
ation of a commercial motor vehicle issued by the Secretary and 
contained in title 49 of the Code of Federal Regulations, and (B) 
any safety system of such vehicle; 
(5) in the case of a person who operates or will operate a 
commercial motor vehicle carrying a hazardous material, shall 
i 
ensure— 
(A) that such person is qualified to operate a commercial 
motor vehicle in accordance with all regulations pertaining 
to motor vehicle transportation of such material issued by 
the Secretary under the Hazardous Materials Transpor-
-
•
^
^
T 
tation Act; and 
(B) that such person has a working knowledge of— 
(i) such regulations, 
(ii) handling of such material, 
I 
(iii) the operation of emergency equipment used in 
'' 
response to emergencies arising out of the transpor-
tation of such material, and 
(iv) appropriate response procedures to be followed m 
" ' 
such emergencies; 
(6) shall establish minimum scores for passing such tests; 
(7) shall ensure that each person taking such tests is qualified 
to operate a commercial motor vehicle under the regulations 
issued by the Secretary and contained in title 49 of the Code of 
Federal Regulations to the extent such regulations are ap-
plicable to such person; and 
jj^ ^ 
(8) may require— 
(A) issuance of a certification of fitness to operate a 
commercial motor vehicle to each person who passes such 
tests; and 
(B) such person to have a copy of such certification in his 
or her possession whenever such person is operating a 
commercial motor vehicle. 
O
t
>
) REQUIREMENT FOR OPERATION OF CMV.— 
(1) GENERAL RULE.—Except as provided under paragraph (2), 
no person may operate a commercial motor vehicle unless such 
person has taken and passed a written and driving test to 
operate such vehicle which meets the minimum Federal stand-
ards established by the Secretary under subsection (a). 
(2) EXCEPTION.—The Secretary may issue regulations which 
Regulations. 
provide that a person— 
1^? 
100 STAT. 3207-173 
PUBLIC LAW 99-570—OCT. 27, 1986 
}. :, 
(A) who passes a driving test for operation of a commer-
... 
cial motor vehicle in accordance with the minimum stand-
ards established under subsection (a), and 
(B) who has a driver's license which is not suspended, 
revoked, or cancelled, 
may operate such a vehicle for a period not to exceed 90 days. 
(3) EFFECTIVE DATE.—Paragraph (1) shall take effect on such 
date as the Secretary shall establish by regulation. Such date 
shall be as soon as practicable after the date of the enactment of 
this title but not later than April 1, 1992. 
State and local 
(c) BASIC G R A N T PROGRAM.— 
governments. 
(l) ELIGIBILITY FOR FISCAL YEARS 1987, 1988, AND 1989.—The 
Secretary may make a grant to a State in any of fiscal years 
1987, 1988, and 1989— 
(A) if the State enters into an agreement with the Sec-
retary to develop a program for testing and ensuring the 
fitness of persons who operate commercial motor vehicles; 
and 
(B) if the State has in effect and enforces in such fiscal 
-
•
- ' year a law which provides that any person with a blood 
^ 
•' 
alcohol concentration of 0.10 percent or greater when 
operating a commercial motor vehicle is deemed to be 
driving while under the influence of alcohol. 
(2) ELIGIBILITY AFTER FISCAL YEAR 1989.—The Secretary may 
make a grant to a State in a fiscal year beginning after Septem-
ber 30, 1989— 
(A) if the State enters into an agreement with the 
Secretary— 
(i) to adopt and administer in such fiscal year a 
program for testing and ensuring the fitness of persons 
r,: r «ij 
who operate commercial motor vehicles in accordance 
,5, ^7" 
with all of the minimum Federal standards established 
by the Secretary under subsection (a); and 
, , ,^r,. 
(ii) to require that operators of commercial motor 
vehicles have passed written and driving tests which 
comply with such minimum standards; and 
":' 
(B) if the State has in effect and enforces in such fiscal 
year a law which provides that any person with a blood 
alcohol concentration of 0.10 percent or greater when 
operating a commercial motor vehicle is deemed to be 
- 
driving while under the influence of alcohol. 
(3) ADMINISTRATION OF DRIVING TEST.—A State— 
(A) may administer driving tests referred to in paragraph 
(2) and section 12009(a); or 
(B) may enter into an agreement, approved by the Sec-
retary, to administer such tests with a person (including a 
'-•-' 
>' department, agency or instrumentality of a local govern-
r. «',«.;. ment) which meets such minimum standards as the Sec-
retary shall establish by regulation— 
(i) if the agreement allows the Secretary and the 
- 
State each to conduct random examinations, inspec-
tions, and audits of such testing without prior notifica-
tion; and 
.b;;r 
(ii) if the State conducts at least annually one onsite 
inspection of such testing. 
i 
iU:iii 
i'^A 
(4) MINIMUM AMOUNT OF GRANT.—The Secretary shall deter-
mine the amount of grants in a fiscal year to be made under this 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-174 
subsection to a State eligible to receive such grants in the fiscal 
year; except that— 
(A) such State shall not be granted less than $100,000 
o 
under this subsection in the fiscal year; and 
(B) to the extent that any States are granted more than 
$100,000 per State in the fiscal year under this subsection, 
the Secretary shall ensure that such States are treated 
equitably. 
(5) LIMITATION ON USE OF FUNDS.— 
(A) IN FISCAL YEARS 1987, 1988, AND 1989.—A State receiv-
ing a grant under this subsection in fiscal year 1987, 1988, 
or 1989 may only use the fiinds provided under such grant 
for developing a program for testing and ensuring the 
fitness of persons who operate commercial motor vehicles. 
(B) THEREAFTER.—A State receiving a grant under this 
subsection in any fiscal year beginning after September 30, 
1989, may only use the funds provided under such grant for 
testing operators of commercial motor vehicles. 
(6) DEVELOPMENT OF TESTING PROGRAM DESCRIBED.—For pur-
poses of this subsection and subsection (d), development of a 
program for testing and ensuring the fitness of persons who 
operate commercial motor vehicles includes but is not limited to 
studies of the number of vehicles which will need to be tested 
under such program in a calendar year, studies of facilities at 
which testing of such persons could be conducted, and studies of 
* 
additional resources (including personnel) which will be nec-
essary to conduct such testing. 
(7) FUNDING.—There shall be available to the Secretary to 
carry out this subsection $5,000,000 from funds made available 
to carry out section 404 of the Surface Transportation Assist-
ance Act of 1982 for each of fiscal years 1987, 1988, 1989, 1990, 
Post, p. 3207-186. 
and 1991. 
(d) SUPPLEMENTAL GRANT PROGRAM.— 
State and local 
(1) EUGIBIUTY AND PURPOSES.—The Secretary may make in a 
governments. 
fiscal year grants to States eligible to receive grants under 
subsection (c) in such fiscal year. A grant made under this 
subsection in fiscal year 1987, 1988, or 1989 shall be used for 
developing a program for testing and ensuring the fitness of 
persons who operate commercial motor vehicles. A grant made 
under this subsection in any fiscal year beginning after Septem-
ber 30, 1989, shall be used for testing operators of commercial 
motor vehicles. 
(2) DISTRIBUTION.—Funds granted under this subsection in a 
fiscal year beginning after September 30, 1989, shall be distrib-
uted among the States eligible to receive grants under subsec-
tion (c) in such fiscal year on the basis of the number of written 
and driving tests administered, and the number of drivers' 
licenses for operation of commercial motor vehicles, issued in 
the preceding fiscal year. 
(3) FUNDING.—There shall be available to the Secretary to 
carry out this subsection— 
(A) $3,000,000 from funds made available to carry out 
section 402 of title 23, United States Code, by the National 
Highway Traffic Safety Administration for each of fiscal 
years 1987, and 1988; 
100 STAT. 3207-175 
PUBLIC LAW 99-570—OCT. 27, 1986 
!BO»r. 
(B) $3,000,000 from funds made available to carry out 
section 404 of the Surface Transportation Assistance Act of 
49 use app. 
1982 for each of fiscal years 1989,1990, and 1991. 
2304. 
(e) LIMITATIONS ON GRANT PROGRAMS.— 
eovernmente^^ 
^^^ MAINTENANCE OF EFFORT.—The Secretary may not make a 
governmen . 
grant to any State under this section unless such State agrees 
i 
that the aggregate expenditure of funds of the State and politi-
cal subdivisions thereof, exclusive of Federal funds, for testing 
of operators of commercial motor vehicles will be maintained at 
a level which does not fall below the average level of such 
expenditure for its last two fiscal years preceding the date of the 
enactment of this title. 
(2) PERIOD OF AVAILABILITY.—Funds made available to carry 
out this subsection shall remain available for obligation by the 
State for the fiscal year for which such funds are made avail-
able. Any of such funds not obligated before the last day of such 
period shall no longer be available for obligation by such State 
and shall be available to the Secretary for carrying out the 
purposes of this title. Funds made available pursuant to this 
section shall remain available until expended. 
^ 
(3) CONTRACT AUTHORITY.—Notwithstanding any other provi-
^ 
sion of law, approval by the Secretary of a grant to a State 
f 
under this section shall be deemed to be a contractual obligation 
of the United States for pa3rment of the amount of the grant. 
49 u s e app. 
SEC. 12006. COMMERCIAL DRIVER'S LICENSE. 
2705 
State and local 
Not later than July 15, 1988, the Secretary, after consultation 
governments. 
with the States, shall issue regulations establishing minimum uni-
Regulations. 
form standards for the issuance of commercial drivers' licenses by 
the States and for information to be contained on such licenses. 
Such standards shall, at a minimum, require that— 
Mf-vm: .
M i?.tt',. 
, 
(1) each person who is issued a commercial driver's license 
passes a written and driving test for the operation of a commer-
cial motor vehicle which complies with the minimum Federal 
standards established by the Secretary under section 12005(a); 
H 
(2) the commercial drivers' licenses are, to the maximum 
^ 
extent practicable, tamper proof; and 
(3) each commercial driver's license contain the following 
|, 
information: 
2^ 
(A) the name and address of the person to whom such 
license is issued and a physical description of such person; 
r 
(B) the social security number or such other number or 
information as the Secretary determines appropriate to 
p „, 
identify such person; 
t. 
(C) the class or type of commercial motor vehicle or 
vehicles which such person is authorized to operate under 
ll 
such license; 
f 
J 
(D) the name of the State which issued such license; and 
(E) the dates between which such license is valid. 
49 u s e app 
SEC. 12007. COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM. 
(a) DEADLINE.—Not later than January 1,1989, the Secretary shall 
either enter into an agreement under subsection 0>) for operation of, 
or establish under subsection (c), an information system which will 
serve as a clearinghouse and depository of information pertaining to 
the licensing and identification of operators of commercial motor 
vehicles and the disqualification of such operators from operating 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-176 
commercial motor vehicles. In carrying out this section, the Sec-
retary consult the States. 
(b) AGREEMENT FOR USE OF NON-FEDERAL SYSTEM.— 
state and local 
(1) REVIEW.—Not later than January 1, 1988, the Secretary 
governments. 
shall conduct a review of information systems utilized by 1 or 
more States pertaining to the driving status of operators of 
motor vehicles and other State-operated information systems 
for the purpose of determining whether or not any of such 
systems could be utilized to carry out this section. 
(2) AGREEMENT.—If the Secretary determines that one of the 
information systems reviewed under paragraph (1) could be 
utilized to carry out this section and the State or States utilizing 
such system agree to the use of such system for carrying out 
this section, the Secretary may enter into an agreement with 
such State or States for the use of such system in accordance 
with the provisions of this section and section 12009(c). 
(3) TERMS OF AGREEMENT.—Any agreement entered into under 
this subsection shall contain such terms and conditions as the 
Secretary considers necessary to carry out the objectives of this 
title. 
(c) ESTABLISHMENT.—If the Secretary does not enter into an 
agreement under subsection (b), the Secretary shall establish an 
information system pertaining to the driving status and licensing of 
. 
operators of commercial motor vehicles in accordance with the 
' (i: 
provisions of this section. 
(d) MINIMUM INFORMATION.—The information system under this 
section shall, at a minimum, include the following information 
concerning each operator of a commercial motor vehicle: 
(1) Such information as the Secretary considers appropriate to 
ensure identification of such operator. 
(2) The name and address of such operator and a physical 
description of such operator. 
(3) The social security number of such operator or such other 
number or information as the Secretary determines appropriate 
to identify such operator. 
(4) The name of the State which issued the driver's license to 
' 
such operator. 
(5) The dates between which such license is valid. 
(6) Whether or not such operator has or has had a driver's 
license which authorized such person to operate a commercial 
motor vehicle suspended, revoked, or cancelled by a State, has 
lost the right to operate a commercial motor vehicle in a State 
for any period, or has been disqualified from operating a 
commercial motor vehicle. 
(e) AVAILABILITY OF INFORMATION.— 
(1) To STATE.—Upon request of a State, the Secretary or the 
operator of the information system, as the case may be, may 
make available to such State information in the information 
system under this section. 
(2) To THE EMPLOYEE.—Upon rcquest of an employee, the 
Secretary or the operator of the information system, as the case 
may be, may make available to such employee information in 
the information system relating to such employee. 
(3) To EMPLOYER.—Upon request of an employer or prospec-
tive employer of an employee and after notification of such 
employee, the Secretary or the operator of the information 
system, as the case may be, may make available to such em-
100 STAT. 3207-177 
PUBLIC LAW 99-570—OCT. 27, 1986 
-0s? ployer or prospective employer information in the information 
system relating to such employee. 
|. > 
(4) To THE SECRETARY.—Upon the request of the Secretary, the 
•If 
operator of the information system shall make available to the 
Secretary such information pertaining to the driving status and 
licensing of operators of commercial motor vehicles (including 
the information required by subsection (d)) as the Secretary may 
request. 
(f) COLLECTION OF FEES.—If the Secretary establishes an informa-
tion system under this section, the Secretary shall establish a fee 
system for utilization of the information system. The amount of fees 
collected pursuant to this subsection in any fiscal year shall as 
nearly as possible equal the costs of operating the information 
system in such fiscal year. The Secretary shall deposit fees collected 
under this subsection in the Highway Trust Fund (other than the 
Mass Transit Account). 
(g) FUNDING.—There shall be available to the Secretary to carry 
out this section not to exceed $2,000,000 from funds made available 
to carry out section 402 of title 23, United States Code, by the 
National Highway Safety Traffic Administration for each of fiscal 
years 1987, 1988, and 1989. Such funds shall remain available until 
expended. 
49 use app. 
SEC. 12008. FEDERAL DISQUALIFICATIONS. 
2707 
(a) DRUNK DRIVING; LEAVING THE SCENE OF AN ACCIDENT; FELO-
NIES.— 
(1) FIRST OFFENSE.— 
(A) GENERAL RULE.—Except as provided in subparagraph 
-hi/ 
(B) and paragraph (2), the Secretary shall disqualify from 
operating a commercial motor vehicle for a period of not 
; '^n , / . I less than 1 year each person— 
(i) who is found to have committed a first violation— 
. j.4v.e > -i- 
(I) of driving a commercial motor vehicle while 
-•1,'r -'. .i. 
under the influence of alcohol or a controlled sub-
stance, or 
,'->v r, 
i ; 
(II) of leaving the scene of an accident involving 
a commercial motor vehicle operated by such 
person; or 
• ' ' • - - 
(ii) who uses a commercial motor vehicle in the 
commission of a felony (other than a felony described in 
subsection QD)). 
(B) SPECIAL RULE.—If the vehicle operated or used in 
connection with the violation or the commission of the 
felony referred to in subparagraph (A) is transporting a 
hazardous material required by the Secretary to be plac-
':''•' 
arded under section 105 of the Hazardous Materials 
Y
- 
^ Transportation Act (49 U.S.C. App. 1804), the Secretary 
i . 
shall disqualify the person for a period of not less than 3 
years. 
(2) SECOND OFFENSE.— 
^
* ... 
(A) GENERAL RULE.—Subject to subparagraph (B), the 
, 
J 
Secretary shall disqualify from operating a commercial 
motor vehicle for life each person— 
•.4jq?s ' 
(i) who is found to have committed more than one 
violation of driving a commercial motor vehicle while 
under the influence of alcohol or a controlled 
substance; 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-178 
(ii) who is found to have committed more than one 
violation of leaving the scene of an accident involving a 
commercial motor vehicle operated by such person; 
(iii) who uses a commercial motor vehicle in the 
commission of more than one felony arising out of 
different criminal episodes; or 
(ivXD who is found to have committed a violation 
described in clause (i) or (ii), and 
(II) who is found to have committed a violation de-
scribed in the other of such clauses or uses a commer-
cial motor vehicle in the commission of a felony. 
(B) SPECIAL RULE.—The Secretary may issue regulations 
which establish guidelines (including conditions) under 
which a disqualification for life under subparagraph (A) 
may be reduced to a period of not less than 10 years. 
(b) CONTROLLED SUBSTANCE FELONIES.—The Secretary shall dis-
qualify from operating a commercial motor vehicle for life each 
person who uses a commercial motor vehicle in the commission of a 
felony involving manufacturing, distributing, or dispensing a con-
trolled substance, or possession with intent to manufacture, distrib-
ute, or dispense a controlled substance. 
(c) SERIOUS TRAFFIC VIOLATIONS.— 
(1) SECOND VIOLATION.—The Secretary shall disqualify from 
operating a commercial motor vehicle for a period of not less 
than 60 days each person who, in a 3-year period, is found to 
have committed 2 serious traffic violations involving a commer-
cial motor vehicle operated by such person. 
(2) THIRD VIOLATION.—The Secretary shall disqualify from 
operating a commercial motor vehicle for a period of not less 
than 120 days each person who, in a 3-year period, is found to 
have committed 3 serious traffic violations involving a commer-
cial motor vehicle operated by such person. 
(d) ENFORCEMENT OF DRINKING AND DRIVING REGULATIONS.— 
(1) OUT OF SERVICE.—Not later than 1 year after the date of 
enactment of this title, the Secretary, for purposes of enforcing 
section 392.5 of the Code of Federal Regulations, shall issue 
regulations which establish and enforce an out of service period 
of 24 hours for any person who violates such section. 
(2) VIOLATIONS OF OUT-OF-SERVICE ORDERS.—No person shall 
violate an out-of-service order issued under paragraph (1) of this 
subsection. 
(3) REPORTING REQUIREMENTS.—Not later than 1 year after the 
date of the enactment of this title, the Secretary shall issue 
regulations establishing and enforcing requirements for report-
ing of out-of-service orders issued pursuant to regulations issued 
under paragraph (1). Regulations issued under this paragraph 
shall, at a minimum, require an operator of a commercial motor 
vehicle who is issued such an order to report such issuance to 
>
«
* ' "•• H 
his or her emplover and to the State which issued such operator 
his or her driver s license. 
(e) LIMITATION ON APPUCABIUTY.— 
(1) GENERAL RULE.—Notwithstanding any requirement of 
State and local 
subsections (a), (b), and (c) of this section, the Secretary does not 
governments. 
have to disqualify from operating a commercial motor vehicle 
any person who has been disqualified from operating a commer-
cial motor vehicle in accordance with such requirement by the 
100 STAT. 3207-179 
PUBLIC LAW 99-570—OCT. 27, 1986 
State which issued the driver's license which authorized such 
person to operate such vehicle. 
(2) SATISFACTION OF STATE DISQUALIFICATION.—For purposes of 
paragraph (1), suspension, revocation, or cancellation of a driver's 
license which authorizes a person to operate a commercial 
motor vehicle by a State shall be treated as disqualification of 
such person from operating such vehicle, 
(f) BLOOD ALCOHOL CONCENTRATION LEVEL.— 
* 
~^:ii) (1) STUDY.— 
7 3J 
(A) NATIONAL ACADEMY OF SCIENCES.—Not later than 30 
days after the date of the enactment of this title, the 
Secretary shall undertake to enter into appropriate 
arrangements with the National Academy of Sciences to 
conduct a study of the appropriateness of reducing the 
.^ 
blood alcohol concentration level at or above which a 
»
l 
person when operating a commercial motor vehicle is 
deemed to be driving while under the influence of alcohol 
p y 
from 0.10 to 0.04 percent. 
(B) REPORT.—In entering into any arrangements with the 
j^., 
National Academy of Sciences for conducting the study 
under this subsection, the Secretary shall request the Na-
tional Academy of Sciences to submit, not later than 1 year 
,,^^ 
after the date of the enactment of this title, to the Secretary 
a report on the results of such study. 
(2) RULEMAKING.—Not later than 1 year after the date of the 
enactment of this title, the Secretary shall commence a rule-
making to determine whether or not, for purposes of this section 
and section 12009 of this Act, the blood alcohol concentration 
level at or above which a person when operating a commercial 
motor vehicle is deemed to be driving while under the influence 
of alcohol should be reduced from 0.10 to 0.04 percent (or some 
other percentage less than 0.10). 
(3) ISSUANCE OF RULE.—Not later than 2 years after the date of 
the enactment of this title, the Secretary shall issue a rule 
which establishes, for purposes of this section and section 12009 
of this Act, the blood alcohol concentration level at or above 
which a person when operating a commercial motor vehicle 
shall be deemed to be driving while under the influence of 
alcohol at 0.10 percent or such lesser percentage as the Sec-
retary determines appropriate. 
(4) FAILURE OF THE SECRETARY TO ISSUE RULE.—If the Secretary 
does not issue a rule described in paragraph (3) in the 2-year 
period beginning on the date of the enactment of this title, for 
purposes of this section and section 12009 of this Act, the blood 
alcohol concentration level at or above which a person operat-
ing a commercial motor vehicle shall be deemed to be driving 
while under the influence of alcohol shall be 0.04 percent. 
49 u s e app. 
SEC. 12009. REQUIREMENTS FOR STATE PARTICIPATION. 
2708 
(a) IN GENERAL.—In order not to have funds withheld under 
section 12011 from apportionment, each State shall comply with the 
following requirements: 
• i t --A 
(1) TESTING PROGRAM.—The State shall adopt and administer 
.^ui-e-ij 
ivi a program for testing and ensuring the fitness of persons to 
operate commercial motor vehicles in accordance with all of the 
minimum Federal standards established by the Secretary under 
.::. section 12005(a). 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-180 
(2) TEST STANDARDS.—The State shall not issue a commercial 
r 
driver's license to a person unless such person passes a written 
and driving test for the operation of a commercial motor vehicle 
which complies with such minimum standards. 
(3) DRIVING WHILE UNDER THE INFLUENCE.—The State shall 
have in effect and enforce a law which provides that any person 
with a blood alcohol concentration level at or above the level 
established by or under section 12008(f) when operating a 
..-Ai commercial motor vehicle is deemed to be driving while under 
, the influence of alcohol. 
(4) CDL ISSUANCE AND INFORMATION.—The State shall au-
thorize a person to operate a commercial motor vehicle only by 
issuance of a commercial driver's license which contains the 
information described in section 12006(a)(3). 
(5) ADVANCE NOTIFICATION OF LICENSING.—At least 60 days 
before issuance of a commercial driver's license or such shorter 
•r 
period as the Secretary may establish by regulation, the State 
t./ J shall notify the Secretary or the operator of the information 
system under section 12007, as the case may be, of the proposed 
issuance of such license and such other information as the 
Secretary may require to ensure identification of the person 
applying for such license. 
(6) INFORMATION REQUEST.—Before issuance of a commercial 
driver's license to a person, the State shall request from any 
other State which has issued a commercial driver's license to 
such person all information pertaining to the driving record of 
such person. 
(7) NOTIFICATION OF LICENSING.—Within 30 days after issu-
ance of a commercial driver's license, the State shall notify the 
Secretary or the operator of the information system under 
section 12007, as the case may be, of the issuance. 
(8) NOTIFICATION OF DISQUALIFICATIONS.—Within 10 days after 
i 
disqualification of the holder of a commercial driver's license 
from operating a commercial motor vehicle (or after suspension, 
, , ; revocation, or cancellation of such license) for a period of 60 
j 
days or more, the State shall notify— 
(A) the Secretary or the operator of the information 
system under section 12007, as the case may be, and 
(B) the State which issued the license, 
of such disqualification, suspension, revocation, or cancellation. 
(9) NOTIFICATION OF TRAFFIC VIOLATIONS.—Within 10 days 
after a person who operates a commercial motor vehicle, who 
has a driver's license issued by any other State, and who 
violates a State or local law relating to motor vehicle traffic 
control (other than a parking violation) in the State, shall notify 
ei'.' a State official designated by the State which issued such 
license of such violation, within 10 days after the date such 
person is found to have committed such violation. 
(10) LIMITATION ON LICENSING.—The State shall not issue a 
an . commercial driver's license to a person during a period in which 
such person is disqualified from operating a commercial motor 
vehicle or the driver's license of such person is suspended, 
revoked, or cancelled. 
(11) RETURN OF OLD LICENSES.—The State shall not issue a 
commercial driver's license to a person who has a commercial 
xii • driver's license issued by any other State unless such person 
first 
returns the driver's license issued by such other State. 
100 STAT. 3207-181 
PUBLIC LAW 99-570—OCT. 27, 1986 
(12) DOMICILE REQUIREMENT.—The State shall issue commer-
- 
cial drivers' licenses only to those persons who operate or will 
operate commercial motor vehicles and are domiciled in the 
State; except that the State, in accordance with such regula-
' 
tions as the Secretary shall issue, may issue a commercial 
driver's license to a person who operates or will operate a 
commercial motor vehicle and who is not domiciled in a State 
which does issue commercial drivers' licenses. 
(13) PENALTY APPROVAL.—The State shall impose such pen-
alties as the State determines appropriate and the Secretary 
approves for operating a commercial motor vehicle while not 
• 
having a commercial driver's license, while having a driver's 
license suspended, revoked, or cancelled, or while being dis-
qualified from operating a commercial motor vehicle. 
^ 
(14) RECIPROCITY.—The States shall allow any person— 
• 
(A) who has a commercial driver's license— 
- 
(i) which is issued by any other State in accordance 
J- 
with the minimum Federal standards for the issuance 
'• 
of such licenses, and 
fe 
(ii) which is not suspended, revoked, or cancelled; and 
fi; - 
(B) who is not disqualified from operating a commercial 
motor vehicle; 
to operate a commercial motor vehicle in the State. 
(15) FIRST OFFENSES.—The State shall disqualify from operat-
*
• 
ing a commercial motor vehicle for a period of not less than 1 
year each person— 
(A) who is found to have committed a first violation— 
(i) of driving a commercial motor vehicle while under 
V
' 
the influence of alcohol or a controlled substance, or 
-ohr:.. 
(ii) of leaving the scene of an accident involving a 
commercial motor vehicle operated by such person; or 
'- 
(B) who uses a commercial motor vehicle in the commis-
sion of a felony (other than a felony described in paragraph 
(17)); 
'^ 
except that if the vehicle being operated or used in connection 
with such violation or the commission of such felony is 
transporting a hazardous material required by the Secretary to 
be placarded under section 105 of the Hazardous Materials 
Transportation Act (49 U.S.C. App. 1804), the State shall dis-
qualify such person from operating a commercial motor vehicle 
for a period of not less than 3 years. 
(16) SECOND OFFENSES.— 
oi: • 
(A) GENERAL RULE.—Subject to subparagraph (B), the 
State shall disqualify from operating a commercial motor 
vehicle for life each person— 
(' 
(i) who is found to have committed more than one 
violation of driving a commercial motor vehicle while 
under the influence of alcohol or a controlled sub-
»-i" 
stance; 
• -'t'^- 
(ii) who is found to have committed more than one 
' lorf. ; 
violation of leaving the scene of an accident involving a 
,nsb, ..'. 
commercial motor vehicle operated by such person; 
(iii) who uses a commercial motor vehicle in the 
' 
'^ '• " 
commission of more than one felony arising out of 
r : : . - ' ' 
different criminal episodes; or 
'-" • 
(iv)(I) who is found to have committed a violation 
' j . •- .
^
* 
described in clause (i) or (ii), and 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-182 
(II) who is found to have committed a violation de-
scribed in the other of such clauses or uses a commer-
cial motor vehicle in the commission of a felony. 
(B) SPECIAL RULE.—The State, in accordance with such 
guidelines (including conditions) as the Secretary may 
establish by regulation, may reduce a disqualification for 
life in accordance with subparagraph (A) to a period of not 
less than 10 years. 
(17) DRUG OFFENSES.—The State shall disqualify from operat-
ing a commercial motor vehicle for life each person who uses a 
commercial motor vehicle in the commission of a felony involv-
ing manufacturing, distributing, or dispensing a controlled sub-
stance, or possession with intent to manufacture, distribute, or 
dispense a controlled substance. 
(18) SECOND SERIOUS TRAFFIC VIOLATION.—The State shall dis-
qualify from operating a commercial motor vehicle for a period 
of not less than 60 days each person who, in a 3-year period, is 
found to have committed 2 serious traffic violations involving a 
commercial motor vehicle operated by such person. 
(19) THIRD SERIOUS TRAFFIC VIOLATION.—The State shall dis-
qualify from operating a commercial motor vehicle for a period 
of not less than 120 days each person who, in a 3-year period, is 
found to have committed 3 serious traffic violations involving a 
commercial motor vehicle operated by such person. 
(20) NATIONAL DRIVER REGISTER INFORMATION.—Before issuing 
a commercial driver's license to operate a commercial motor 
vehicle to any person, the State shall request the Secretary for 
information from the National Driver Register established 
pursuant to the National Driver Register Act of 1982 (23 U.S.C. 
401 note) (after such Register is determined by the Secretary to 
be operational)— 
(A) on whether such person has been disqualified from 
operating a motor vehicle (other than a commercial motor 
vehicle); 
/ 
(B) on whether such person has had a license (other than 
a license authorizing such person to operate a commercial 
.1 
motor vehicle) suspended, revoked, or cancelled for cause in 
the 3-year period ending on the date of application for such 
commercial driver's license; and 
''^ 
(C) on whether such person has been convicted of any of 
,, -[• 
the offenses specified in section 205(aX3) of such Act. 
The State shall give full weight and consideration to such 
information in deciding whether to issue a commercial driver's 
license to such person. 
(21) OUT OF SERVICE REGULATIONS.—The State shall adopt and 
enforce any regulations issued by the Secretary under section 
12008(dXl). 
O
t
>
) SATISFACTION OF STATE DISQUALIFICATION REQUIREMENT.—A 
State may satisfy the requirements of subsection (a) that the State 
disqualify a person who operates a commercial motor vehicle if the 
State suspends, revokes, or cancels the driver's license issued to such 
person in accordance with the requirements of such subsection. 
(c) NOTIFICATION.—Not later than 30 days after being notified by a 
State of the proposed issuance of a commercial driver's license to 
any person, the Secretary or the operator of the information system 
under section 12007, as the case may be, shall notify such State of 
whether or not such person has a commercial driver's license issued 
100 STAT. 3207-183 
PUBLIC LAW 99-570—OCT. 27, 1986 
by any other State or has been disqualified from operating a 
commercial motor vehicle by any other State or the Secretary. 
State and local 
SKC. 12010. (JRANT PKOCRAM. 
£rov6rn.niGnts 
49 use app. 
(a) ESTABLISHMENT.—The Secretary may make a grant to a State 
2709. 
in a fiscal year if the State enters into an agreement with the 
Secretary to participate in such fiscal year in the commercial 
driver's license program established by this title and the information 
system required by this title and to comply with the requirements of 
section 12009. 
(b) MINIMUM AMOUNT OF GRANT.—The Secretary shall determine 
the amount of grants in a fiscal year to be made under this section 
to a State eligible to receive such grants in the fiscal year; except 
that— 
(1) such State shall not be granted less than $100,000 under 
this section in the fiscal year; and 
(2) to the extent that any States are granted more than 
$100,000 per State in the fiscal year under this section, the 
Secretary shall ensure that such States are treated equitably. 
(c) LIMITATION ON USE OF FUNDS.—A State receiving a grant under 
this section may only use the funds provided under such grant for 
issuing commercial driver's licenses and complying with the require-
ments of section 12009. 
(d) CONTRACT AUTHORITY.—Notwithstanding any other provision 
of law, approval by the Secretary of a grant to a State under this 
section shall be deemed to be a contractual obligation of the United 
States for payment of the amount of the grant. 
(e) PERIOD OF AVAILABILITY.—Funds made available to carry out 
this section shall remain available for obligation by the State for the 
fiscal year for which such funds are made available. Any of such 
funds not obligated before the last day of such period shall no longer 
be available to such State and shall be available to the Secretary for 
carrying out the purposes of this title. Funds made available pursu-
ant to this section shall remain available until expended. 
(f) FUNDING.—There shall be available to the Secretary to carry 
out this section $5,000,000 from funds made available to carry out 
section 404 of the Surface Transportation Assistance Act of 1982 for 
Post, p. 3207-186. each of fiscal years 1989,1990, and 1991. 
49 u s e app. 
SEC. 12011. WITHHOLDING OF HIGHWAY FUNDS FOR STATE NONCOMPLI-
2710. 
ANCE. 
(a) FIRST YEAR.—The Secretary shall withhold 5 percent of the 
amount required to be apportioned to any State under each of 
sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of title 23, United 
States Code, on the first day of the fiscal year succeeding the first 
fiscal year beginning after September 30, 1992, throughout which 
the State does not substantially comply with any requirement of 
section 12009(a) of this Act. 
(b) AFTER THE FIRST YEAR.—The Secretary shall withhold 10 
percent of the amount required to be apportioned to any State under 
each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of such 
title on the first day of each fiscal year after the second fiscal year 
beginning after September 30, 1992, throughout which the State 
does not substantially comply with any requirement of section 
12009(a) of this Act. 
(c) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NON-
COMPLIANCE.^ 
. , 
PUBLIC LAW 99-570—OCT. 27, 1986 
100 STAT. 3207-184 
V 
(1) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30, 1995.— 
(A) PERIOD OF AVAILABILITY.—Any funds withheld under 
a) s 
this section from apportionment to any State on or before 
^'"-
September 30, 1995, shall remain available for apportion-
ment to such State as follows: 
(i) If such funds would have been apportioned under 
section 104(b)(5)(B) of such title but for this section, 23 USC 104. 
such funds shall remain available until the end of the 
second fiscal year following the fiscal year for which 
such funds are authorized to be appropriated. 
(ii) If such funds would have been apportioned under 
section 104(b)(1), 104(b)(2), or 104(b)(6) of such title but 
for this section, such funds shall remain available until 
the end of the third fiscal year following the fiscal year 
for which such funds are authorized to be appropriated. 
(B) FUNDS WITHHELD AFTER SEPTEMBER 30, 1995.—No 
funds withheld under this subsection from apportionment 
to any State after September 30, 1995, shall be available for 
apportionment to such State. 
(2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLIANCE.— 
If, before the last day of the period for which funds withheld 
under this section from apportionment are to remain available 
for apportionment to a State under paragraph (1), the State 
substantially complies with all of the requirements of section 
12009(a) of this Act for a period of 365 days, the Secretary shall 
on the day following the last day of such period apportion to 
such State the withheld funds remaining available for appor-
tionment to such State. 
(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED 
FUNDS.—Any funds apportioned pursuant to paragraph (2) shall 
remain available for expenditure until the end of the third 
fiscal year succeeding the fiscal year in which such funds are 
apportioned. Sums not obligated at the end of such period shall 
lapse or, in the case of funds apportioned under section 104(b)(5) 
of such title, shall lapse and be made available by the Secretary 
23 USC 104. 
for projects in accordance with section 118(b) of such title. 
23 USC 118. 
(4) EFFECT OF NONCOMPLIANCE.—If, at the end of the period for 
which funds withheld under this section from apportionment 
are available for apportionment to a State under paragraph (1), 
the State has not substantially complied with all of the require-
ments of section 12009(a) of this Act for a 365-day period, such 
funds shall lapse or, in the case of funds withheld from appor-
tionment under section 104(b)(5) of such title, such funds shall 
lapse and be made available by the Secretary for projects in 
accordance with section 118(b) of such title. 
SEC. 12012. PENALTIES. 
(a) NOTICE OF VIOLATION.—Paragraph (1) of section 521(b) of title 
49, United States Code, is amended by inserting "or section 12002, 
12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Ve-
hicle Safety Act of 1986" after "the Motor Carrier Safety Act of 
1984" and by striking out "section" the second place it appears and 
inserting in lieu thereof "sections". 
(b) CIVIL PENALTIES.—Paragraph (2) of such section is amended, by 
inserting "(A) IN GENERAL.—" before "Except as", by inserting 
"(other than subparagraph (B))" before ", except for recordkeeping 
100 STAT. 3207-185 
PUBLIC LAW 99-570—OCT. 27, 1986 
violations", and by striking out the last two sentences and inserting 
in lieu thereof the following: 
Claims. 
"(B) VIOLATIONS PERTAINING T
O CDLS.—Any person who is 
determined by the Secretary, after notice and opportunity for a 
hearing, to have committed an act which is a violation of section 
12002, 12003, 12004, 120050?), or 12008(d)(2) of the Commercial 
' 
s ::eg 
Motor Vehicle Safety Act of 1986 shall be liable to the United 
States for a civil penalty not to exceed $2,500 for each offense. 
"(C) DETERMINATION OF AMOUNT.—The amount of any civil 
penalty, and a reasonable time for abatement of the violation, 
shall by written order be determined by the Secretary, taking 
into account the nature, circumstances, extent, and gravity of 
the violation committed and, with respect to the violator, the 
degree of culpability, history of prior offenses, ability to pay, 
effect on abilit}^ to continue to do business, and such other 
matters as justice and public safety may require. In each 
case, the assessment shall be calculated to induce further 
compliance.". 
(c) POSTING OF NOTICE.—Paragraph (3) of such section is amended 
by inserting "or section 12002, 12003, 12004, or 120050?) of the 
Commercial Motor Vehicle Safety Act of 1986" after "the Motor 
Carrier Safety Act of 1984". 
(d) OUT OF SERVICE ORDERS.—Paragraph (5XA) of such section is 
amended by inserting "or section 12002, 12003, 12004, or 120050)) of 
the Commercial Motor Vehicle Safety Act of 1986" after "the Motor 
Carrier Safety Act of 1984" and by striking out "section" the second 
place it appears and inserting in lieu thereof "sections". 
(e) CRIMINAL PENALTIES.—Paragraph (6) of such section is 
amended by inserting "(A) IN GENERAL.—" before "Any person" and 
by adding at the end thereof the following: 
"(B) VIOLATIONS PERTAINING TO CDLS.—Any person who know-
ingly and willfully violates— 
"(i) any provision of section 12002, 12003(b), 12003(c), 
12004, 12005(b), or 12008(dX2) of the Commercial Motor 
Vehicle Safety Act of 1986 or a regulation issued under 
such section, or 
"(ii) with respect to notification of a serious traffic viola-
tion as defined under section 12019 of such Act, any provi-
sion of section 12003(a) of such Act or a regulation issued 
under such section 12003(a), 
shall, upon conviction, be subject for each offense to a fine not to 
exceed $5,000 or imprisonment for a term not to exceed 90 days, 
or both.". 
(f) CONFORMING AMENDMENTS.—(1) Paragraph (2) of such section is 
amended by inserting "CIVIL PENALTY.—" after "(2)", by indenting 
subparagraph (A), as designated by subsection 0)) of this section, and 
aligning such subparagraph with subparagraph (B), as added by 
such subsection (b). 
(2) Paragraph (6) of such section is amended by inserting "CRIMI-
NAL PENALTIES.—" after "(6)" and by indenting subparagraph (A), as 
designated by subsection (e) of this section, and aligning such 
subparagraph with subpareigraph (B), as added by such sub-
section (e). 
(g) TECHNICAL AMENDMENTS.—(1) Paragraph (6) of such section is 
further amended by striking out "for a fine" and inserting in lieu 
thereof "to a fine", •-v.i 
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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 
an opportunity for comment, the Secretary may waive, in whole or 
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 
this section shall be published in the Federal Register, together with 
reasons for such waiver. 
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: 
49 u s e app. 
2711. 
Federal 
Register, 
publication. 
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 BE 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 
(2) such amounts should not be provided through transfers 
from, or reductions in, any amount appropriated by such joint 
resolution for any other program, project, or activity for such 
fiscal year. 
Ante., p. 1783; 
post, p. 3341. 
100 STAT. 3207-191 
PUBLIC LAW 99-570—OCT. 27, 1986 
National Forest 
System 
Drug Control 
Act of 1986. 
16 u s e 559b 
note. 
16 u s e 559b. 
TITLE XV—NATIONAL FOREST SYSTEM DRUG CONTROL 
16 u s e 559c. 
Post, p. 3207-192. 
16 u s e 559d. 
State and local 
governments. 
Post, p. 3207-192. 
'National Forest System Drug 
SEC. 15001. SHORT TITLE. 
This title may be cited as the 
Control Act of 1986". 
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). 
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 
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. 
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 
(2) the Secretary may authorize the Forest Service to co-
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 
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.