FINAL PASSAGE OF H.R. 5484 - OMNIBUS ANTI-DRUG BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01390R000901130007-9
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 67
• Document Creation Date: December 27, 2016
• Document Release Date: December 10, 2010
• Sequence Number: 7
• Publication Date: October 23, 1986
• Content Type: MEMO

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MEMORANDUM FOR: DDI/EO
Nb/Narcotics
C/PCS/DDO
DDO/PINS
C/PINS DDO
Deputy Comptroller
C/IPD/OIS/DDA
C/ALD/CGC
C/OSD/CGC
C/Lit/CGC
FROM:
SUBJECT:
23 October 1986
OCA 86-3543
5 ME 1--Jci
tL1i#
Legislative Division
Office of Congressional Affairs
Final Passage of H.R. 5484 - Omnibus Anti-Drug Bill
1. On October 17, 1986, the Senate passed H.R. 5484, the
"Anti-Drug Abuse Act of 1986," thereby clearing the omnibus
anti-drug bill for Presidential signature which is expected within
the next few days. A copy of the bill as sent to the President is
attached for your information. Provisions of interest to the Agency
are as follows.
2. DCI Tasking For Certain Narcotics-Producing Countries &
Making Narcotics A National Foreign Intelligence Strategy
"Level-One" Priority. You will recall that one of the earlier
Senate versions of this legislation had included a section which
directed the Director of Central Intelligence to conduct increased
collection and analysis against certain narcotics-producing
countries and to make "narcotics" a "level-one priority" in the
National Foreign Intelligence Strategy. The Agency had objected to
the provisions and, with the assistance of Senate and House
intelligence and foreign affairs committees, the provision was
deleted from the final version of the bill.
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4. Money Laundering. Subtitle H of Title I, the "Money
Laundering Control Act of 1986" criminalizes various acts of money
laundering, including the structuring of transactions to avoid
reporting requirements.
5. FOIA Amendments. Section 1802 of the bill provides relief
to the Federal Bureau of Investigation (FBI) from various provisions
of the Freedom of Information (FOIA) Act. Specifically, it exempts
from the provisions of the Act the FBI's classified foreign
intelligence, counterintelligence or international terrorism files,
as well as certain of its law enforcement files. Section 1803 makes
various amendments to the fee waiver provisions of the FOIA.
Attached to the copies of this memo going to C/IPEVOIS/DDA and
C/Lit/OGC are copies of a colloquy related to this section.
Title II - International Narcotics Control
6. There are no provisions in Title II of direct concern to the
Agency. Those known to be of particular interest to Agency
components are discussed below. Title II in its entirety is,
however, is commended to the attention of the Directorate of
Intelligence as it touches upon a wide ran .e of foreign affairs
issues, both bilateral and multilateral.
7. Aid Cutoffs. Sections 2005 and 2018 further tighten the
provisions for cutting off loans to narcotics-producing countries
not attempting to reduce/eliminate production. Title IX makes
similar provision with respect to trade benefits. Section 2013
makes similar provision with respect to foreign aid.
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8. DEA Diplomatic Passports. Section 2010 commends the
Secretary of State for issuing diplomatic passports to agents of the
Drug Enforcement Administration and requires that he notify the
Congress before changing this policy.
9. Information Sharing to Deny Visas to Drug Traffickers.
Section 2011 is a statement of Congressional displeasure with the
alleged failure of the Executive Branch to establish a system to
share information so that visas are denied to drug traffickers as
required by last year's foreign aid authorization act.
10. Threat Assessment on African Narcotics. Section 2017
directs the President to conduct an updated threat assessment on
narcotics from Africa.
11. Country-Specific Sections. Section 2025 urges the
Government of Pakistan to improve efforts to reduce the opium crop.
Section 2026 urges the United Nations to similarly urge the
governments of Iran, Afghanistan and Laos. Section 2030 is a sense
of the Congress resolution that more drastic steps might be taken
against Mexico if itfails to reduce drug production and
trafficking.
12. Narcoterrorism and Jorge Luis Ochoa Vasquez. Section 2014
directs the President to take concrete steps to improve collection
activities against narcoterrorism and recommends a $500,000 reward
for information leading to the conviction of Vasquez.
Title III - Interdiction
13. Posse Comitatus Provision Stricken. Title III contains
various provisions addressing interdiction of drug traffic and the
role which the Department of Defense (DoD) is to play in the
effort. Stricken from this final version was the provision, adopted
in an earlier House version of the bill, which would have required
the immediate deployment of the military to sto drug traffickers,
the posse comitatus laws notwithstanding.
14. DoD Sharing of Interdiction Resources With Other Federal
Agencies. Section 3057 provides that within 90 days of passage of
the legislation, the Secretary of Defense shall assemble a list of
all forms of assistance which DoD could provide to interdiction
efforts. The list is then to be transmitted to the Congressional
armed services committees. Thereafter, the Secretary is to convene
a conference of relevant federal agency heads to determine which
agencies are to obtain what assistance and thereafter to enter into
interagency agreements with the agencies. The Agency is not
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specifically mentioned in the list of relevant agencies. If
consideration were given to Agency inclusion, however, it should be
noted that a subsection of this section requires a General
Accounting Office audit of the entire effort, something with which
the Agency might not want to involve itself.
15. $12 Million for DoD Central & South American Drug
Intelligence Activities Stricken. Stricken from the final version
of Section 3052 was a subsection contained in prior versions which
authorized the appropriation of $12 million to the Secretary of
Defense for various Central and South American drug interdiction
activities. As you may know, these monies were also stricken from
the DoD Authorization Bill and the final version of the continuing
resolution.
16. U.S.-Bahamas Drug Interdiction Task Force. This task force
is established by Section 3301.
17. All-Source Intelligence Center. Section 3351 authorizes
the appropriation of $25 million for a "3-C Center" at "locations
within the United-States." It appears this provision replaces a
provision in earlier versions of the legislation which authorized
the appropriation of $12 million for an "all-source" intelligence
center to be located in El Paso, Texas.
18. Customs Proprietaries. Section 3131 authorizes the Customs
Service to create and maintain commercial proprietaries to combat
drug smuggling.
Federal Agency & Employee Provisions
19. Federal Agency Drug & Alcohol Abuse Programs. Section 6002
of the bill authorizes the Office of Personnel Management, with the
other federal agencies, to develop "appropriate" drug and alcohol
abuse programs. Section 6004 requires each federal agency to
establish such programs.
20. Governmental Anti-Drug Reorganization. Section 7001
directs the President to submit to the Congress within six months a
plan to reorganize the federal government to combat drug abuse and
drug trafficking.
21. Handicap Exclusion Proposal Rejected. The Administration
was unsuccessful in its efforts to have included in the final
version of the bill a provision which would have amended the
Rehabilitation Act so as to exclude from the protections accorded by
the Act to "handrapped_ndividuals" those persons who are drug or
alcohol abusers.
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Death Penalty
22. Through the use of a procedural device, the House was able
to structure its vote on the drug bill so as allow Members,
immediately after voting for passage of the drug bill without the
death penalty, to vote for a separate piece of legislation which
would have reinserted the provision in the bill. As the Senate
rejected this separate legislation, however, the death penalty was
not included in the final version of the legislation.
23. We will advise you when the President signs the bill.
Should you have any questions, please feel free to contact this
office.
Attachments:
as noted
CCA/LEG
(23 Oct 86)
Distribution:
Orig. - TA/LEG/Subject File: Narcotics
1 - CGC (w/attachment)
1 - D/A (without attachment)
1 - DDL/CCA (without attachment)
1 - (w/attachment)
1 - CCA Registry
1 - OCA/LE47Signer
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United States
'America
No. 144?Part II
Congrusionat Record
PROCEEDINGS AND DEBATES OF THE 99th CONGRESS, SECOND SESSION
VoL 132
WASHINGTON, FRIDAY, OCTOBER 17, 1986
No. 144?Part II
House of Representatives
PROVIDING FOR CONCURRING
IN THE SENATE AMENDMENT
TO THE HOUSE AMENDMENT
TO THE SENATE AMENDMENT
TO THE BILL H.R. 5484, DRUG
ENFORCEMENT, EDUCATION,
AND CONTROL ACT OF 1988.
WITH AN AMENDMENT -
(Continued)
The SPEAKER pro tempore (Mr.
Knatiz). Pursuant to House Resolu-
tion 597, the House is considered to
have concurred in the Senate amend-
ment to the House amendment to the
Senate amendment with an amend-
ment Consisting of the text of H.R.
5729 introduced by Representative
Wfuoirr, to H.R. 5484; and, House Con-
current Resolution 415 is considered as
having been adopted.
The text of the House amendment
to the Senate amendment to the
House amendment to the Senate
amendment provided for by the text
of House Resolution 597 is as follows:-
r. MOWN I. SNORTTITLL
This Act may be cited as the "Anti-Drws
Abuse Act of 1986".
SEC!. ORGANISATION OP ACT
This At is organised as !airflow
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 1980
Subtitle S?Controlled Substance Analogue
Enforcement Act of 1986
Subtitle F?Continuing Drug Enterprise Act
01 1916
Subtitle CI?Controlled Substances Import
and Export Act Penalties Enhancement
Act of 1981
Subtitle H?Money Laundering Control Act
-
01 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 0?Prohibition on the Interstate
Sale and Transportation of Drug Para-
phernalia
Subtitle P?Manufacturing Operations
Subtitle Q?Controlled Substances Technical
Amendments
Subtitle A?Precursor and essential
chemical review
-Subtitle 3?White House Conference for A
Drug Free America
Subtitle T?Comnion carrier operation
under the influence of alcohol or drugs
Subtitle U?Federal Drug-Law Enforcement
Agent Protection Act of 1986
TITLE Il?INTERNATIONAL NARCOTICS
- , CONTROL
TITLE III?INTERDICTION
. Subtitle A?Department of Defense Drug
Interdiction Assistance
SubtitleR?Customs Enforcement
Subtitle C?Maritime Drug Law Enforce-
ment Prosecution Improvements Act of
1986
. Subtitle D?Coast Guard
Subtitle United States Bahamas Drug
Interdiction Task Pore*
Subtitle F?Command. Control.
Comentnications, and Intelligence Centers
Subtitle 0?Transportation Sala*,
Subtitle H?Department of Justice funds /or
drug interdiction operation in.Hawaii
. Subtitle 1?Federal Communications
Commission
TITLE IV?DEMAND REDUCTION
Subtitle A?Treatment and rehabilitation
Subtitle B?Drug-Free Schools and
Communities Act 01 1988
Subtitle C?Indians and Alaska Natives
Subtitle El?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 SUB-
STANCE ABUSE EDUCATION AND
-TREATMENT z.
TITLE VII?NATIONAL ANTIDRUG RE-
ORGANIZATION AND COORDINATION
TITLE VIII?PRESIDENT'S MEDIA COM-
MISSION ON ALCOHOL AND DRUG
ABUSE PREVENTION
TITLE IX?DENIAL OF TRADE BENEFITS
TO UNCOOPERATIVE MAJOR DRUG
PRODUCING OR DRUG-TRANSIT
COUNTRIES
TITLE 1?BALLISTIC KNIFE
PROHIBITION
TITLE XI?HOMELESS ELIGIBILITY
CLARIFICATION ACT
Subtitle A?Emergency Food for the
Homeless
Subtitle B?Job Training for the Homeless
Subtitle C?Entitlements Eligibility
TITLE XII?COMMERCIAL MOTOR
VEHICLE &WM ACT 01 1988
TITLE XIII?CYANIDE WRONGFUL USE
SSC COWMAN= WITS SlIDGST 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 pro-
vided in appropriation Acts. For purposes of
this Act. Ute term "spending authority" has
Use meaning provided in section 401(c)(2) of
the Congressional Budget Act of 1974 and
Use term "credit authority" has the meaning
provided in section .1(10) of the Congress-
*tonal Budget Act of 1974.
0 This symbol represents the time of day during the House proceedings, e.g.. 0 1407 is 2:07 p.m.
Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
"H 11219
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H 11220.
CONGRESSIONAL RECORD ? HOUSE October 17, 1986
TITLE I?ANTI-DRUG ENFORCEMENT
&ski* A?Nerveties Penalties and Enforcement
Act at 118e ?
SEC. ow. SHORT 77771.
This subtitle may be cited as the "Narcot-
ics Penalties and Enforcement Act of 1988".
SEC. MIL CON7BOLJ.ED SUBSTANCES ACT PENAL.
TIES
Section 401(b)(1) of the Controlled Sub-
stances Act (21 U.S.C.. 841(b)(1)) is amend-
ed?
(1) by redesignating subparagraph (C) as
subParagraph.(D1; and
(2) by striking out subparagraphs (A) and
(B) and inserting the following in lieu there-
of:
"MIA) In the case of a violation of subsec-
tion (a) of this section involving?
"(1) 1 kilogram or more of a mixture or
substance containing a detectable amount
of heroin:
"(it) 5 kilograms or more of a mixture or
substance containing a detectable amount
of?
"(I) coca leaves, except coca leaves and ex-
tracts of coca leaves from which cocaine, ec-
gonine. and derivatives .of ecgonine or their
salts have been removed;
"WI cocaine, its salts, optical and geomet-
ric isomers, and salts of isomers;
"(III) ecgonine, its derivatives, their salts;
isomers, and salts of isomers; or
"(IV) any compound, mixture, or prepara-
tion which contains any quantity of any of
the substance referred to in subclauses (I)
through (III);";
"(iit) SO grams or more of a mixture or
substance described in clause (it) which con-
tains 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 sub-
stance-containing a detectable amount Qfly-
sergic acid diethylamide (LSDI;
"(oi) 400 grams or more of a mixture or
substance containing a detectable amount
of _ N-phenyl-Ni1-(2-phenylethy14-4-piperi-
din yl) propanamide or 100 grams or more of
a mixture or substance containing a detect-
able amount of any analogue of N-phenyl-N-
11-(2-phergylethy11-4-piperidinyll propane-
aide; or
"(MU 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 seri-
ous bodily injury results 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 V the defendant is an in-
dividual 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 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 than life imprisonment
and if death or serious bodily injury results
from the use of such substance shall be sen-
tenced to life imprisonment, a fine not to
exceed the greater of twice that authorised
in accordance with the provisions of title 18,
United States Code, or 88,000,000 V the de-
fendant is an individual or 820,000,000 if
the 'defendant is other than an individual,
or both. Any sentence ender 'this subpara-
graph shall, in the absence of such a prior
conviction, Impose a term of supervised re-
lease of at least 5 years in addition to such
terinvf imprisonment and shall; if there was
such a prior conviction, impose a term .of
supervised release of at least 10 years in ad-
dition to such term' of imprisonment Not-
withsUinding any. other provision of law,
the court shall not place on probation or
suspend' the sentence of any person sen-
tenced under this subparagraph. No person
sentenced under this subparagraph shall be
eligible for.parole during the term of impris-
onment imposed therein.
"(B) In the case of a violation of subsec-
tion (a) of this section involving?
"(i) 100 grams or more of a mixture or sub-
stance containing a detectable amount of
heroin;
"nil 500 grams or more of a mixture or
substance containing a detectable amount
of? . ?
"(I) coca leaves, except. Coca leaves and ex-
tracts of coca leaves from which cocaine, ec-
gonine, and derivatives of ecgonine or their
salts have been removed;
"(II) cocaine, Us salts; optical and geomet-
ric isomers, and salts of isomers;
"(III) ecgontne, its derivatives, their salts.
isomers, and salts of isomers; or
"(IV) any compound, mixture, or prepara-
tion which contains any quantity of any of
the substance referred to in subclauses (I)
through (111);";
"(UV 5 mums or more of a mixture or sub-
stance described in clause aii which con-
tains cocaine base; .
"(iv) 10 grams or more of Phencyclidine
(PCP) or 100 grams or more of a mixture or
substance containing a detectable amount
of phencyclidine (PC?);'
"Iv) 1 gram or more of a mixture or sub-
stance containing a detectable amount Of ly-
sergic acid diethylamide (LSD);
"(vi) 40 grams or more of a mixture or
substance containing a detectable amount
Of N-phenyl-P/4142-phenylethyl)-4-piperi-
dinyl/ propanamide or 10 grams or more of
a mixture or substance containing a detect-
able amount of any analogue of N-phenyl-N-
(142-pheitylethyl)-4-piperidinyll propana-
mide: or. -
"(MU loo 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 substance shall be not less
than 20 years or more than life, a fine not to
exceed the greater of that authorised in ac-
cordance with the provisions of title 18,
United States Code, or 82,000,000 If the de-
fendant is an individual or $5,000.000 if the
defendant is other than an individual, or
both. If any person commits such a viola-
tion 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 relat-
ing to narcotic drugs. Marihuana, or depres-
sant or; stimulant substances, 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 impris-
onment 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 author-
ised in accordance with the provisions of
title. 18, United States Code, or 84,000,000 if
the defendant is an individual or
810,000,000 lithe defendant is other than an
individual, or both. Any sentence imposed
under this subparagraph shall, in the ab-
? sence of such a prior conviction, include a
terni of supervised 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 _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 subparagraph.
No person sentenced under this subpara-
graph shall be eligible for parole during the
term of imprisonment imposed therein.
"(C) In the case of a controlled- substance
in schedule I or!! except as provided in sub-
paragraphs ? IAI, (131,.. and (D); such person
shall be sentenced to a. term of imprison-
ment of not more than 20 years and if death
r serious bodily *fury results from the use
such substance shall be sentenced to a
of imprisonment of not less than
years or more than life, a fine not to
the greater of that authorised in ac-
nce with the provisions of title 18.
nits& States Code. or $1,000.000 if the de-
fendant is an individual or 85.000,000 if the
defendant is other than an individual, or
both. If any 'person commits such a viola-
tion after one or more prior convictions for
an Offense punishable underlhis 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 relat-
ing to narcotic drugs, marihuana, or depres-
sant or stimulant substances, have become
final, such person shall be sentenced to a
term of imprisonment of not MOM than 10
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 author-
ised in accordance with the provisions of
title IS, United States Code, or 82,000,000 if
the defendant is an individual or
810,000,000 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 re-
lease 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
addi-
(Ion to such term of imprisonment. Notwith-
standing any other provision of law, the
court shall not place on probation- or sus-
pend the sentence of any person .sentenced
under the provisions of this subparagraph
which provide for a mandatory term of im-
prisonment if death or serious bodily injury
results, nor shall a person so sentenced be el-
igible for parole during the term of such a
sentence.%
SEC 111111 OMB AMENDMENTS TO TIM CVN.
!BOLLES SUBSTANCES ACC
(a) Section 401 of the Controlled Sub-
stances Act (21 U.S.0 841) is further amend-
. ed as follows:
(1) In subsection (b), paragraph MIDI, as
redesignated, is amended by?
(A) striking out "a fine of not more than
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October 17, 1986 CONGRESSIONAL RECORD ? HOUSE
$50,000" and inserting in lieu thereof "a fine
not to exceed the greater of that authorised
In accordance with the prbvirions of title 18,
United States Code, or *250.000 if the de-
fendant 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 provi-
sions 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
(C) inserting "except in the case of 100 or
more marihuana plants regardless of
weight," after "marihuana." the first place
ft appearz
(2) In subsection lb), 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
thorized 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 individ-
ual', 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 authorised in accordance with the pro-
visions of title 18, United Slates Code, or
$500,000 if the defendant is an individual or
$2,000,000 if the defendant is other than an
individuar.
l31 In subsection lb), 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 au-
thorised in accordance 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 UM thereof "a fine
not to exceed the greater of twice that au-
thorised 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 lb), paragraph (4) is
amended by striking out "VC)" and insert-
ing "VD)" in lieu thereof.
(5) In subsection (0), paragraph (5) is
amended to read at follows:
"(S) Any person who violator subsection
(a) of this section by cultivating a con-
trolled substance on Federal property shalt
be imprisoned as provided in this subsection
and Mall be fined any amount not to
exceed?
"(A) the amount authorised in accordance
with this section;
"(R) the amount authorised in accordance
with the provisions of title 18, United States
Code:
"(C) $500,000 if the defendant is an indi-
vidual: or
"(D) $1.000.000 if the defendant is other
than an individual:
or both.".
(f) Subsection (d) is amended by striking
out "a fine of not more than $15,0011" and
inserting in lieu thereof "a fine not to
exceed the greater of that authorised in ac-
cordance with the provisions of title 18,
United States Code. or $250,000 V the de-
fendant is an individual or $1,000,000 if the
defendant 18 other than an individual".
(id Section 102 of the Controlled Sub-
stances Act (21 U.S.0 802) is amended?
(1) by inserting the following new para-
graph after paragraph (24):
"(25) The term 'serious bodily injury'
means bodily injury which involves?
"(A) a substantial risk of death:
"(B) protracted and obvious disfigure-
ment: or
"(C) protracted loss or impairment of the
function of a bodily member, organ, or
mental faculty. ": and.
(2) by renumbering the following para-
graphs accordingly.
SEC Mt ELIMINATION OP SPSCIAL PAROLS TEAMS
(a) The Controlled Substances Act and the
Controlled Substances Import and Export
Act are amended by striking out "special
parole term" each space it appears and in-
serting "term of supervised release" in lieu
thereof.
(b) The amendments made by this section
shall take effect on the date of the taking
effect of section 3583 of title 18. United
States Code.
SSC INC AMENDMENT TO THE COMPREHENSIVE'
Calls CONTROL ACT OP ISDI.
(a) Subsection (a) of section 224 of the
Comprehensive Crime Control Act of 1984 is
amended?
ID by inserting "and" after the semicolon
in paragraph (4); and
(2) by striking out paragraphs ID, (2), (3).
and (5) and redesignating the other para-
graphs accordingly.
lb) Section 224 of the Comprehensive
Crime Control Act of 1984 is amended?
(1) by striking out subsection (b): and
(2) by redesignating subsection (c) as sub-
section lb).
lc) Section 225 of the Comprehensive
Crime Control Act of 1984 is amended to
read as follows.'
"Sze 225. Section 1515 of the Controlled
Substances Import and Export Act (21
U.S.C. 960) is amended by repealing subsec-
tion (O.".
SEC 11101 MISCELLANZOVS TECHNICAL AMEND-
MENTS.
(a)(1) Subsection (a) of section 3583 of
title 18, United States Code, is amended by
inserting ". except that the court shall in-
clude as a part of the sentence a requirement
that the defendant be placed on-a term of su-
pervised release if such a term is required by
statute" after 'Imprisonment" the second
place it appears.
(2) Subsection (b) of section 35113 of title
18, United States Code, is amended by strik-
ing out "The" and inserting in lieu thereof
"Except as otherwise-provided, the".
131 Subsection l) of section 3583 of title
18, United States- Code. is amended--
(A) so that the catchline reads as follows'
"Modification of conditions or revocation.'"
OD in paragraph (2) by striking out. -or:.
after the semicolon;
(C) in paragraph (3) by striking out
"and inserting "title; or" in lieu there-
of; and
(DI by inserting the following new pars- .
graph after paragraph (3): -
"(4) revoke a term of supervised release,
and require the person to serve in prison all
or part of the term of supervised release
without credit for time previously served on
pastramis supervision, if it finds by a Pre-
ponderance of the evidence that the person
violated a condition of supervised release,
pursuant to -the provisions of the Federal
Rules of Criminal Procedure that are appli-
cable to probation revocation and -to the
provisions of applicable policy statements
issued by the Sentencing Commission.".
(4) The amendments made by this-subsec-
tion shall take effect on the date of the
taking effect of section 3583 of title 18.
United States Code.
H 11221
(b) Paragraph (3) of section 994(a) of title
28, United States Code, is amended by in-
serting "and revocation of supervised re-
lease" after "supervised release".
(c) Section 511 of title II of the Compre-
hensive Drug Abuse Prevention Act of 1978
(21 U.S.C. 881) is amended?
(1) in. subsection IP by inserting "or II"
after "I" each place it appears:
(2) by redesignating subsection (I) as sub-
section (D(1); and
(3) by inserting the following new para-
graph after subsection (f)(1) as so redesig-
nated:
"( 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 Attor-
ney General may deem necessarli-"-
SEC. INT. AMEIDMET nns IS OP THE UNffED
STATES CODS
(a) Section 3553 of title 18. United Stales
Code, is amended by adding the following at
the end thereof:
"(e) Lug.= Aurmaturr To IMPOSE A SIN-
MCI SZLOW ? STATUTORY MINIMUM.?UPOR
motion of the Government, the court shall
have the authority to impose a sentence
below a level established by statute as mini-
mum sentence so as to reflect a defendant's
substantial 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 Sentenc-
ing 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 INC AMENDMENT TO rins 28 OP THE U.'VffED
STATES CODS.
Section 994 of title 28 of the United States
Code is amended by-
11) inserting the following after subsection
(in):
"InI The Commission shall assure that the
guidelines reflect the general appropriate-
ness 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 substantia/ as-
sistance in the investigation or prosecution
of another person who has committed an of-
fense "; and
(2) redesignating subsactions (o), (p),
(g), In, (s), (V, (v.), NI, and (w) as subsec-
tions lo), (g), (r), (wt.
and (x), respectively.
SIC INC AMENDMENT TO THE FEDERAL RULES OP
CRIMINAL PROCEDURL
(a) Rule 35(b) of the federal Rules of
Criminal Procedure is 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 sec-
tion 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 es-
tablished by statute as a minimum sentence.
(b) The amendment made by this section
shall take effect on the date of the taking
effect of rule 35(b) of the Federal Rules of
Criminal Procedure, as amended by section
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H 11222 CON
215(b) of the Comprehensive Crime Control
Act of 1984.
&Wilk 13?Drug Peeresslea Penalty Act of 1984
Ser. MIL SNORT MIA
This subtitle may be cited as the "Drug
Possession Penalty Act of 1986".
SW. IOU PENAL7'Y FOR SIMPLE POSSESSION.
Section 404 of the Controlled Substances
Act (21 U.S.C. 844) is amended to read as fol-
lows:
"eitmAirr FOR some roses:saw
GRESSIONAL RECORD ? HOUSE October 17, 1986
&cation of guilt, but a nonpublic record
thereof shall be retained by the Department
of Justice solely for the purpose of use by the
courts in determining whether or not, in
subsequent proceedings, such person quali-
fies under this subsection. Such discharge or
dismissal shall not be deemed a conviction
for purposes of disqualifications or disabil-
ities 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. Dis-
charge 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 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 non-
public records to be retained by the Depart-
ment of Justice under paragraph (1)) all rec-
ordation relating to his arrest, indictment
or information, trial, finding of guilty, and
dismissal and discharge pursuant .to this
section. If the court determines, after hear-
ing, 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 re-
store 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 acknowl-
edge such arrest, or indictment or informa-
tion, 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, distrait-
tion, manufacture, cultivation, sale, trans-
fer, or the attempt or conspiracy .to possess,
distribute, manufacture, cultivate, sell or
transfer any substance the possession of
which is prohibited under this title".
Sod& C.-Juvenile Dm Trafficking Act el 1N1
SSC mi. EfoRrIITLE.
This subtitle may be cited as the "Juvenile
Drug Trafficking Act of 1986".
"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 practi-
tioner, while acting in the course of his pro-
fessional practice, or except as otherwise au-
thorized by this title or title III. Any person
who violates this subsection may be sen-
tenced
ris t of not
more than 1 year, and shall be fined a mini-
mum 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 4E500 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 171,
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 imprison-
ment 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 im-
position or execution of a minimum sen-
tence required to be imposed under this sub-
section shall not be suspended or deferred.
Further, upon conviction, a person who vio-
lates this subsection shall be fined the rea-
sonable costs of the investigation and Pros-
ecution of the offense. including the costs of
prosecution of an offense as defined in sec-
tions 1918 and 1920 of title 28, United 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.
"(WV if any person who has not previ-
ously been convicted of violating subsection
(a) of this section, any other provision of
this subchapter or subchapter II of this
chapter. or any other law of the United
States relating to narcotic drugs, marihua-
na, or depressant or stimulant substances, is
found guilty of a violation of subsection la/
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 reasona-
ble conditions as it may require and for
such period, not to exceed one year, as the
court may prescribe. Upon violation of a
condition of the probation, the court may
enter an adjudication of guilt and proceed
as otherwise provided. The court may, in its
discretion, dismiss the proceedings against
such person and discharge him from proba-
tion before the expiration of the maximum
period prescribed for such person's proba-
tion. If during the period of his probation
such person does not violate any of the con-
ditions of the probation, then upon expira-
tion 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 ad*.
sec 11n. oisrENSIL
Part D of the Controlled Substances Act is
amended by adding after section 405.4 a new
section as follows:
"EMPLOYMENT OR USE or mason UNDER is
TEARS OF AGE IN DRUG OPERATIONS
"Sec. 4058. (a) It shall be unlawful for any
person at least eighteen years o f age to
knowingly
"(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 111; or
"(2) employ, hire. use. persuade, induce.
entice. or coerce. a person under eighteen
years of age to assist in avoiding detection
or apprehension for any offense of this title
or title III by any Federal, State, or local
law enforcement official.
"ad Any person who violates subsection
(a) is punishable by a term of imprisonment
up to twice that otherwise authorised, or up
to twice the fine otherwise authorized, or
both, and at least twice any term of super-
vised release otherwise authorized for a first
offense. Except to the extent a greater mini-
mum sentence is otherwise provided, a term
of imprisonment under this subsection shall
not be less than one year.
"(s1 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 im-
prisonment up to three times that otherwise
authorized.-or up to three times the fine oth-
erwise authorised, or both, and at least three
times any term of supervised release other-
wise authorized-for a first offense. Except to
the extent a greater minimum sentence is
otherwise provided, a term of imprisonment .
under this subsection shall not be less than
one year.
"(d) Any person who violates section
4058(a) (1) or ()
"(1) by knowingly providing or distribut-
ing a controlled substance 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 authorised by this
section.
We) In any case of any sentence imposed
under this (action, imposition or execution
of such sentence shall not be suspended and
probation shall not be granted. An individ-
ual convicted under this section of an of-
fense for which a mandatory minimum term
of imprisonment is applicable shall not be
eligible for parole under section 4202 of title
1E United States .Code, until the individual
has served the mandatory tern of imprison-
ment required by section 401(b) as enhanced
by this section.
"(f) Except at authorized by this title, it
shall be unlawful for any person to know-
ingly or-intentionally provide or distribute
any controlled substance to a pregnant indi-
vidual in violation of any provision of this
title. Any person who violates this subsec-
tion shall be subject to the provisions of sub-
sections (b), (c), and (e).".?
SEC 1111. TECHNICAL AMENDMENTS.
(a) Section 401(b) of the Controlled Sub-
stances Act (21 U.S.0 841(b)) is amended by
striking out "or 4054" and inserting in lieu
thereof ". 4054, or 4058".
MI Section 401(c) of the Controlled Sub-
steam Act (21 U.S.0 841(c)) is amended by
striking out "4054" each place it appears
and inserting in lieu thereof ", 4054, or
405B".
See rim maNuFAcivitiNG A CONTROLLED SUB-
STANCE WITHIN LIN FEET OF A COL-
LEGE
Section 405,4 of the Controlled Sub-
stances Act (21 U.S.C. 845a) is amended by
inserting "or manufacturing" after "distrib-
uting" wherever it appears and by striking
out "a public or private elementary or sec-
ondary school" wherever it appears and in-
serting in lieu thereof "a public or private
elementary, .vocational, or secondary school
or a public or private college, junior college,
or university".
(b) Section 4054(a) of the Controlled Sub-
stances Act (21 U.S.0 845a(a)) is amended
by striking out "involving the same con-
trolled substance and schedule".
(c) Section 4054(b) of the Controlled Sub-
stance Act (21 U.S.0 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 impris-
onment 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 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
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CONGRESSIONAL RECORD ? HOUSE H 11223
authorised by section 401(b) of this title for
a first offense.".
SEC UAL IMPRISONMENTS.
(a) Section 405(a) of the Controlled Sub-
stances Act (21 U.S.0 845(a)l 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.".
(b) Section 405(b) of the Controlled Sub-
stances Act (21 U.S.0 845(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 provi-
sions of this paragraph shall not apply to of-
fenses involving 5 grams or less of marihua-
na". '
(c) Section 405A(a) of the Controlled Sub-
stances Act (21 U.S.0 845a(al) 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 provi-
sions of this paragraph shall not apply to of-
fenses involving 5 grams or less of marihua-
na".
Said& D?Asests-Ferfeibire Amendments Act et
ISM
SEC IIU. SNORT TITLE. . --
This subtitle may be cited as the "Depart-
ment of Justice Assets Forfeiture Fund
Amendments Act of 1986".
SEC IIU. ASSET FORM:FURS FUNDS
(4)(11 Dtre.ungszrr or Just= Assn= roa-
r:Trims Puna?Subsection (c) of section 524
of title 28, United States Code, is amended?
(2) by inserting at the end of subpara-
graph (A) of paragraph (I) the following:
"Such payments may also include those,
made pursuant to regulations Promulgated
by the Attorney General, that are necessary
and direct program-related expenses for the
purchase or lease of automatic data process-
ing equipment (not less than 90 percent of
which use will be program related), training,
printing, contracting few services directly re-
lated 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 subpara-
graph and renumbering the subsequent sub-
paragraphs appropriately;
"(B) the payment of awards for informa-
tion or assistance directly relating to viola-
tions of the criminal drug laws of the United
States:";
by amending newly designated sub-
paragraph (F) of paragraph (1) to read as
follows:
"(F) for equipping for drug law enforce-
ment functions any government-owned or
leased vessels, vehicles, and aircraft avail-
able for official use by the Drug Enforce-
ment Administration, the Federal Bureau of
Investigation, the Immigration and Natu-
ralisation Service, or the United States Mar-
shals Service; and";
(51 by striking out in paragraph (4) "re-
maining after payment of expenses for for-
feiture and sale authorised by law" and in-
serting in lieu thereof". except all Proceeds
of forfeitures available for use by the Secre-
tary of the Treasury or the Secretary of the
Interior pursuant Co section 11(d)) of the
Endangered Species Act (16 U.S.0 1540(d)).
or section el(et) of the Lacey Act Amendments
of 1981 (16 U.S.0 3375(d))"; and
(6) by striking out paragraph (8) and re-
numbering paragraph (9) as paragraph (8).
(b) Crimea Fonarrims FUND.?
(1) Section 613a of the Tariff Act of 1930
(19 U.S.C. 1613a) as added- by Public Law
98-473, is amended?
(B) by amending. paragraph (3) of subsec-
tion (a) to read as follows:
"(3) for equipping for law enforcement
functions any government-owned or leased
vessels, vehicles, and aircraft available for
official use by the United States Customs
Service; and"; and -
(C) by striking out subsection (hA
(2) Section 613a of the Tariff Act of 1930
(19 U.S.0 1613b) as added by Public Law
98-573, is repealed
SEC IISS. SUBVITt771 ASSETS.
(a) Section 1963 of title 18 is amended by
adding at the end thereof a new subsection,
as follows:
"(n) If any of the property described in
subsection (a), as a result of any act of omis-
sion of the defendant?
"ID cannot be located upon the exercise of
due diligence;
"(2) has been transferred or sold to, or de-
posited with, a third party:
"(3) has been placed beyond the jurisdic-
tion of the court;
"(4) has been substantially diminished in
value; or
"(5) has been commingled with other prop-
erty which cannot be divided without diffi-
culty;
the court shall order the forfeiture of any
other property of the defendant up to the
value of any property described in para-
graphs (I) through (5)'
(b) Section 413 of title II of the Compre-
hensive Drug Abuse Prevention and Control
Act 01 1975 is amended?
(1) by rederignating subsection "(p)" as
subsection "(q)"; and
(2) by adding a new subsection (p) as fol-
lows:
"(p) If any of the property described in
subsection (a), as a result of any act or
omission of the defendant?
"(I) cannot be located upon the exercise of
due diligence;
"(2) has been transferred or sold to, or de-
posited with, a third party;
"(3) has been placed beyond the jurisdic-
tion of the court;
"(4) has been substantially diminished in
value: or
"(51 has been commingled with other prop-
erty which cannot be divided without di401-
cult";
tha court shall order the forfeiture of any
other property of the defendant up to the
value of any property described in para-
graphs (1) through (5).".
&Mins E?Contreard Substance Analogies
SI11?10111Wai Act 1986
SEC imi. SEWITSITLE.
This subtitle may be cited as the "Con-
trolled Substance Analogue Enforcement Act
of 1986".
SIC iseL ButATNENT OF CONTROLLED SUBSTANCE
ANALOGUES.
Part B of the Controlled Substances Act is
amended by adding at the end the following
new section:
"TREATMENT or CONTROLLED SUBSTANCE
ARALOGV73
"SEC. 20& A controlled substance analogue
all or part of which is intended for human
-Consumption shall be treated, for the pur-
poses of this title and title III as a con-
trolled substance in schedule I.".
SEC Mt DEFINITION
Section 102 of MI Controlled Substances
Act (21 U.S.C. 802) is amended by adding at
the end thereof the following:
"(32)(A) Except as provided in subpara-
graph (B), the term 'controlled substance
analogue' means a substance?
"(I) the chemical structure of which is sub-
stantially similar to the chemical structure
of a controlled substance in schedule I or II;
"(ii) which has a stimulant, depressant, or
hallucinogenic 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
loll:
NW with respect to a particular person,
which such person represents or intends to
have a stimulent, depressant, or hallucino-
genic affect on the central nervous system
that is substantially similar to or greater
than the stimulant, depressant, or halluci-
nogenic effect on the central nervous system
of a controlled substance in schedule I or IL
"(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 respect to such sub
stance is pursuant to such exemption: or
"(iv) any substance to the extent not in-
tended for human consumption before such
an exemption takes effect with respect to
that substance.".
SEC Him CLERICAL AMENDMENT.
The table of contents of the Comprehen-
sive Drug Abuse Prevention 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".
Saititk I?Centimetre, Dm Enterprise Act of
19811
SSC int. SHORT Trait
This subtitle may be cited as the "Con-
tinuing Drug Enterprises Act of 1986".
SEC 1255 INCREASED PENALTIES
Section 4081a) of the Controlled Sub-
stances Act (21 U.S.0 848(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 Use greater of that
authorised in accordance with the provi-
sions of title 18. United States Code, or
32,000,000 if the defendant is an individual
or $5,000,000 if the defendant is other than
an individual,"; and
(2) by striking out "to a fine of not more
than 8200,000," and inserting in lieu thereof
"to a fine not to exceed the greater of twice
the amount authorised in accordance with
the provisions of title 18. United States
Code, or $4,000,000 if the defendant is an in-
dividual or 810,000,000 if the defendant is
other than an individual.".
SEC 1253. CONTINUING CRIMINAL ENTERPRISE EV-
/I/ANC= PENALTIES
Section 408 of the Controlled Substances
Act (21 U.S.0 848) is further amended?
(1) by redesignating subsections lb) and
(ci as subsections (d) and (e), respectively;
and
(2) by inserting the following new subsec-
tion after subsection (a);
"lb) Any person who engages in a continu-
ing criminal enterprise shall be imprisoned
for life and fined in accordance with subsec-
tion (a), V?
II) such person is the principal admints-
trator, organizer, or leader of the enterprise
or is one Of several such principal adminis-
trators, organisers, or leaders: and
"(2)(A) the violation referred to in subsec-
tion (d)(1) involved at least 300 times the
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11224 CONGRESSIONAL RECORD ? HOUSE October 17, 1986
ment of not less than 10 years and not more
than life imprisonment and if death or seri-
ous bodily injury results from the use of
such substance Shall be sentenced to life im-
prisonment. a fine not to exceed the greater
of twice that authorised in accordance with
the provisions of title 18, United States
Code. or $4,000,000 If the defendant is an in-
dividual or $10.000.000 if the defendant is
other than an individual, or both. Any sen-
tence imposed under this paragraph 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 im-
prisonment and shall. I then to= such
prior conviction, include a term of super-
vised Maass o f at least years in addition
.to such lens of imprisonment. Rattails-
standing any other provision of law, the
court shall not place on probation or sus- .
pend 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 im-
posed therein.
"(3) In the ease of a violation under sub-
section (a) of this section involving a con-
trolled substance in schedule I or II. the
person committing such violation shall,
except 08 provided in paragraphs (1), (2),
and (4), be sentenced to a tern of imprison-
ment 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 mons than lire, a fine
not to exceed the greater of that authorised
in accordance with Use provisions of title 18, -
United States Code, or 81,000,000 if the de-
fendant is an individual or S5.000,000 if the
defendant is other than an individual, or
"(iv/ any compound. mixture. or PrePars- both- If any person commits such a viola-
tion which contains any. quantity of any of nos after one or more prior convictions for
the substances referred to in clauses (I) an offense punishable under this subsection.
through (Mk or for a felony under any other provision of
"(C/5 grams or more of a mixture or sub- this title or title II or other law of a State,
stance described in subparagraph (B) which the United States or a foreign country ndat-
contains cocaine base; tag to narcotic drag., marihuana, or deprws-
"(DI 10 grams or more of phencyclidine sant or stimulant substances, have become
(PCP) or 100 grams or more. of a mixture or final, such person shall be sentenced to a
substance containing a detectable amount .teres .of imprisonment Of not more than 30
of phencyclidine (PCP); sears and if death or serious bodily injury
"lit 1 gram or more of a mixture or sub- MMUS from the use of such substance shall
stance containing a detectable amount of be sentenced to lift imprisonment, a fine not
ureic acid diet/Waged* (LS= to exceed the greater of twice that author-
/ 40 grams or more of a mixture or sub- lied in accordance with the provisions of
stance containing a detectable amount of N. title It, United States Code. or $2.000.000 if
Pheiiitlig142-Phelfileilig11-4-piperidinyll the defendant IS an individual or
Imnrollawside or 10 grams or Moo of a mix- tutomme if the defendant is other than an
lure or substance containing a detectable individual, or both. Any sentence imposing
amount of any analogue of 11-phenyl-N-11-(2- a term of imprisonment under this pare-
phenyiethy1/4-piperidinyli propanamide: or graph shall, in the absence of such a prior
"(i3) 100 kilograms or mom of a mixture conviction, impose a term of supervised re-
or substance containing a detectable lease of at least 3 years in addition to such
amount of marihuana; ' tern of imprisonment and shall, if there was
the person committing such violation shall loch Prior conviction, impose a twin of
be sentenced to a tern of imprisonment of slisneroised release of at least 6 years ad-
not less than 5 years and not more than 40 dittos to such term of imprisonment- Not-
own and if doom or serious hedge warp withstanding the prior sentence, and not-
malts from the use of such surnames shalt withstanding any other provision of law,
be sentenced to a term of imprisonment of the Mint shall not 0/ace on Probation or
not less Onus twenty Mrs out not more suspend the sentence of any person sex-
than tifa offoe not to exceed the motor of tensed under the provisions of this pare-
that authorised in accordance with the pro- PoPh which Provide for a mandatory term
Wagons of title is. United States Code, or of bowie:wrest if death or *Mow bodily
$2,000,000 1 1 the defendant if an individual in/urn results. nor shrill a Pawn so sew
quantity of a substance described in subsec- term of imprisonment at not less than 20
lion 401(0)(1)(B) of this Act, or years and not more than life imprisonment
"(11) the enterprise, or any other enterprise and if death or serious bodily injury results
in which the defendant was the principal or from the use of such substance shall be sen-
one of several principal administrators, or- - fenced to life imprisonment, a fine not to
ganisers. or leaders, received $10 million exceed the greater of twice that authorised
dollars gross receipts during any twelve- in accordance with the Provisions of title IS.
month period of its existence for the mann- United States Code, or 88,000,000 if the dit-
facture, importation, or distribution of a Mutant is an individual or $20,000,000 ff
substance described in section 401(b)(1)(13) the defendant is other than an individual.
of this Act." or both. Any sentence under this paragraph
Subtitle G?Cerayelled thiedosom keno wet shall, in the absence of such a prior convic-
Lout Ad Penalties Exhatteeswet Aet ? 111188 non, bonus special term of supervised
SSC MIL MOW TITLL release of at least 5 years in addition to such
term of imprisonment and shall, if there was
This subtitle may be cited as the "Con- such a prior conviction. impose Medal
trolled Substances Import and Export penal- term of supervised release of at least 10
ties Enhancement Act of Me". pears in addition to such term of imprison-
= 120S. WHAM= PSNAL1713. mut. Notwithstanding any other provision
la/ Section 1010(b) o f the Controlled Sub- of law, the cowl then net mace on probs.
stances Import and Export Act (21 U.S.C. hos or sustoend the sentence of any Person
960(b)) is amended? _ 'sentenced under this paragraph. No person
a) by "Muni/Latin? paragraph (3) "" sentenced under this paragraph shall be
paragraph (4); and gible for parole during the tens of imprison-
and inserting the following in lieu thereof:
"ID In the case of a violation of subsea- "(2) hi the case of a violation of subsec-
tion (a) of this section involving? lion (ti) of this section involvingr-
"(A) 1 kilogram or more of a mixture or "(A/ 100 grams or more of a mixture or
substance containing a detectable amount substance containing a detectable amnia
of heroin;
of heroin;
"(13) 5 kilograms or more of a mixture or "(B) 500 grains or more of a mixture or
substance containing a detectable amount substance containing, a detectable amount
af_ of?
..(I) coca teepee except coca teams and ex- "Ci) coca WHS. except COM leaves and et-
tracts of coca leaves hews which cocaine. ea. bucts of coca leases from which cocaine, sc-
gotetne, and derivatives of scgonine or their- gwitne, and llertnatincs clecrnmlnc ?r their
salts have been removed; salts have been remount
"(ii) cocaine. its salts. optical arid gannet- "Ili) cmmtnn its attIta, optical and geomet-
ric isomers, and salts or isomers: tic isomers, and salts or isomers:
"MU ecgonine, its derivatives, their edits. "NW @cocaine, its derivatives. their salts,
isomers, and salts of isomers; or isomers, and salts of Isomers; or
"(iv) any comported, mixture, or prepara-
tion which contains any quantity of any of
the substances referred to in clauses (i)
through (iii);
"IC/ 50 grams or more of a mixture or sub-
stance described in subparagraph (S) which
contains cocaine base;
"(DI 100 grams or more of phencyclidine
(PCP) or 1 kilogram or more of a mixture or
substance containing a detectable amount
of phencyclidine (PCP);
"MI 10 grams or more of a mixture or sub-
stance containing a detectable amount of ly-
sergic acid diethylanalds (LSD):
"(Ir) 400 grams or more of a mixture or
substance containing a detectable amount
of N-phenyl-N41-(2-phantylethyl/4-piperi-
dinyl) propanamide or 100 grams or more of
a mixture or substance containing a detect-
able amount of any analogue of ti-phessyl-N-
(1-12-phenylethyl/4-piperidinpU propane-
nide; 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 tern of imprisonment of
not less than 10 years and-not move than life
and if death or serious bodily injury results
from the use of such substance shall be sen-
tenced 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 authorised
In accordance with the provisions of title IS,
United States Code, or 84,000,000 if the de-
fendant is an individual or 810,000.000 if
the defendant is other than an individual,
or both. If any person commits such irviola-
tion after one or more prior convictions for
an offense punishable under this subsection,
or for a felony under any other provision of any other provision of this title or title // or
this title or title II or other law of a State. other law of a State, the United States, or a (1) by striking out ", except as provided in
Ike United States, or a foreign country nelat- foreign country relating to narcotic drugs, paragraph AU":
ing to narcotic drugs, marihuana, or dames; marihuana. or depressant or stimulant sub- (2) by striking out 'fined not more than
sant or stimulant substances, have become stances, have become final. such person $50,000" and inserting in lieu thereof 'fined
fine/. such person shall be sentenced to a ;hail be sentenced to a term of imprison- not to exceed the greater of that authorised
or $5,000.000 t the defesidara is other than towed be eligible for Parole during the term
mita such a violation after One or move fld Section 1010.W4) of the Controlled
prior convictions for an offense undshable Substances Import and Export Act 121
under this subsection. or for a "stony under MEC 100(1014)1. as redesignated, is amend-
an individual, or both. any person can- f such a sentence."
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Sanitized Copy Approved for Release 2010/12/10: CIA-RDP90B01390R000901130007-9
October 17, 1986 CONGRESSIONAL RECORD ? HOUSE
in accordance with the provisions of title" 18,
United States Code, or 2250,000 if the de-
fendant is an individual or $1,000,000 if the
defendant is other than an individual"; and
(3) by inserting "except in the cam of 100
or more marihuana plants regardless of
weight," after "marthuana.".
Sabath fl?alemy Lasaderi= Centre, Act of 19811
SIC tssi. sloler717211
This subtitle may be cited as the "Money
Laundering Control Act of 1986".
SIC. ism Now omens FOR LAMMING OF NON.
STAR? INSTRUNINTS.
(a) ("mpg= 95 of title 18. United States
Code, is amended by adding at the end
thereof the following:
"I BM. Lemiderkie ef inearterg instnuseents
"(a)11) Whoever knowing that the proper-
ty involved in a financial transaction repre-
sents the proceeds of some form of unlawful
activity, 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 carry-
ing on of specified unlawful activity; or
"(B) knowing that the transaction 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
"NU to avoid a transaction reporting re-
pulsation under State or Federal_lato.
shall be sentenced to aline of not more than
2500,000 or twice the value of the property.
involved in the transaction, whichever is
greater, or imprisonment for not more than
twenty years, or both.
"(21 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 outride the United States--
"IA) with the intent to promote the carry-
ing on of specified unlawful activity: or
"(B) knowing that the monetary instru-
ment or funds involved in the transporta-
tion represent the proceeds of some form of
unlawful activity and knowing that such
transportation is designed in whole or in
part?
"IV to conceal or disguise the nature, the
location, the source, the ownership, or the
control of the proceeds. of specified unlawful
activity; or
"NV to avoid a transaction reporting re-
quirement 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 years, or both.
"(b) Whoever conducts or attempts to con-
duct a transaction described in subsection
(W(1) or (a/(31, or a transportation de-
scribed in subsection (a)(2), is !MU* to the
United States for a civil penalty of not more
than the greater of?
"(I) the value of the property, funds, or
monetary instruments involved in the trans-
action,' or .
"(2) 310,000.
"(c) As used in this section?
"(11 the term 'knowing that the property
involved in a financial transaction repre-
sents the proceeds of some form of unlawful
activity' means that the person knew the
property involved in the transaction repre-
sented proceeds from some form, though not
necessarily which form, of activity that con-
stitutes a felony under State or Federal law,
regardless of whether or not such activity is
specified In paragraph (V;
"(3) the term 'conducts' includes initiat-
inp, concluding, or participating in initiat-
ing, or concluding a transaction;
"(V the terns 'transaction' includes a pur-
chase, sale. loan. Pledge, gift, transfer, delta*
sty, or other disposition, and with respect to
a financial institution includes a deposit,
withdrawal, transfer between accounts, =-
change of currency, loan, extension of
credit, purchase or sale of any stock bond,
certificate of deposit, or other monetary in-
stniment, or any other payment, transfer, or
delivery by, through, or to a financial insti-
tution, by whatever means effected: '
"(4) the term 'financial transaction'
means a transaction Involving the move-
IRCILt of fends by wire or other means or in-
volving one or more monetary instruments,
which in any way or degree affects inter-
state or forenni commerce, or a transaction
'involving the use of a financial institution
which is engaged in, or the activities Of
which affect, interstate or foreign commerce
ix 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 securities in bearer form or oth-
erwise in such form that title thereto passes
upon delivery, and negotiable instruments
In bearer forts or otherwise in such form
that title thereto passes upon delivery;
IV the term 'financial institution' has
Use definition given that term in section
53121412) of title 31. United States Code,
and the regulations promulgated thereun?
der;
"(7) the term 'specified unlawful activity'
MGM?
"(A) any act or activity constituting an of-
fense listed in section 1961(1) of this title
except an act which is indictable under the
Currency and Foreign Transactions Report-
ing Act;
"(B) with respect to a financial transac-
tion occurring in whole or in part in the
United States, an offense against a foreign
nation involving the manufacture, importa-
tion, sale, or distribution of a controlled
substance (as such term is defined for the
purposes of the Controlled Substances Act);
"(C) any act or acts constituting a con-
tinuing criminal enterprise, as that term is
defined in section 408 of the Controlled Sub-
stances Act (21 U.S.C. 841); or
"(2)) an offense under section 152 (relating
to concealment of asses: false oaths and
claims; bribery), section 215 (relating to
commissions or gifts for procuring loans),
any of sections SOO through 503 (relating to
certain counterfeiting offenses), section 511
(relating to securities of States and private
entities). section 543 (relating to smuggling
goods into the United States), section 641
(relating to public money, property, or
records), section 156 (relating to theft, em-
bezzlensent, or misapplication by bank offi-
cer or employee), section 616 (relating to
theft or bribery concerning programs receiv-
ing Federal funds), section 793, 794, or 791
(relating to espionage), section 875 (relating
to interstate communications), section 1201
(relating to kidnaping), section 1203 (relat-
ing to hostage taking), section 1344 (relating
to bank fraud), or section 2113 or 2114 (re-
lating to bank and postal robbery and theft)
of this title. section 31 of the Arms Export
Control Act 122 U.S.0 27781, section 2 (relat-
ing to criminal penalties) of the Export Ad-
ministration Act of 1979 150 U.S.C. App.
24014 section 203 (relating to criminal sanc-
tions) of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1702), or sec-
tion 3 (relating to criminal violations) of
the Trading with the Enemy Act (50 U.S.0
APP. 31.
"(d) Nothing in this section shall super-
sede any provision of Federal, State.?.or other
H 11225
law imposing criminal penalties or afford-
ing civil remedies in addition to those pro-
vided for in this section.
"le) Violations of this section may be in-
vestigated by such components of the De-
partment 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 Treas-
ury shall be exercised in accordance with an
agreement which shall be entered into by the
Secretary of the Treasury and the Attorney
Gerieral.
"If) There is extraterritorial jurisdiction
over the. conduct prohibited by this section
If?
"(11 the conduct is by a United States citi-
zen 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 in-
struments of a value exceeding $10,000.
. "I 1957. Engaging in monetary transac-
tions in property derived from speci-
fied unlawful activity
"(a) Whoever, in any of the circumstances
set forth In subsection Id), knowingly en-
gages or attempts to engage in a monetary
transaction in criminally derived property
of a value greater than $10,000 and is de-
rived from specified unlawful activity, shall
be punished as provided in subsection lb).
"(MI) Except as provided In paragraph
(2), the punishment for an offense under this
section is cline under title 18, United States
Code, or imprisonment for not more than
ten yearkor both. _
"(2) The court May Impose an alternate
fine to that iniposable under paragraph (11
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 Government is not required
to prove the defendant knew that the offense
from which the criminally derived property
was derived was specified unlawful activity.
"NJ The circumstances referred to in sub-
section (a) are?
"(I) that the offense under this section
takes place in the United States or in the
Medal maritime and territorial jurisdiction
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 a United States person (as defined in sec-
tion 3077 of this title, but excluding the class
described in paragraph (2)(D) of such sec-
tion). -
"le) Violations of this section may be in-
vestigated by such components of the De-
partment of Justice as the Attorney General
may direct, and by such components of the
Department of the Treasure as the &cream
of the Treasury may direct, as appropriate.
Such authority of the Secretary of the Treas-
ury 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, withdrawal, transfer, or
exchange, in or affecting interstate or for.
eign commerce, of funds or a monetary in-
strument (as defined for the purposes of sub-
chapter 17 of chapter 53 of title 31) by,
through, or to a financial institution (as de-
fined in section 5312 of title 311;
"121 the term 'criminally derived property'
means any property constitutinp, or derived
from, proceeds obtained from a criminal of-
fense; and
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Sanitized Copy Approved for Release 2010/12/10: CIA-RDP90B01390R000901130007-9
H 11226 CONGRESSIONAL RECORD ? HOUSE October 17, 1986
"(3) the term 'specified unlaurhd activity' SIC nu. SSISCRS AND CIVIL FORMIVItt OF MON- lion in any State or in any territory or other
has the meaning Open that twin in section START INSTIWNSNIS AND. MLA= mace subject to the Jurisdiction of the
1956 of this title". PROVISION& United States not more than 500 miles (lis-
ar) The table of sections at the beginning
(e) Cosmos AUTROAffT ID CONDUCT tent from any place where the financial In-
0/ chapter chapter 95 of ""e 19 te amended bY Swialzstitle 31, UnAritedaweDgA.States?Seccodlients amended afto attheitahantinitedagersta=
adding at the end the following outer items: read as /bumps: . or conducts business in
merits". ' ennwing compliance soith the requirements tammaalat "der this nation paid
lied unlawful activity': search warrant. any vehicle. vessel. airrneft. warts af U
SIC ITU ANSWIMMOVIN ro TIT NWT TO MAN. , container, god am por000 moissine ar de. United States Shell ROI be liable for anY ex-
'1956. Laundering of monetary instru- "(Di ,Seattcass AT Bowsaw ?For purposes of "(2) FM AND 12AVIL WIN shall UL?Peri"he
the same fees and mileage for travel in the
"1357' Engaging In monetary treuluautWui Of 9ecitaa 5316' a matagas oOcer nall etc" United States that are paid witnesses in the
In property derived from sped, and search, at the border and without a, the sited sato.
or other conveyancei any envelope or other "(3) No esaaarrT TOR ICTIIINSCL?The
CIAL ritivAcr ACT. ? parting/root the United States.". pease. other than an expense described in
(o.) CLARIFICATION or Moor or FINANCIAL IN. lb) lreamte To RSPoir SSPORS on Lamar PSTRIMINI (21, incurred in connectiOn with
:mum= ib RSPORT SusPscIrD Vtot,A, Moterrany first set- the Production of Woke Pacers. records. or
TIONS.?Section 1103(c) f the Right to Pt- tome of section 5317(e) of title .11, United other data under this section.
acacia! Privacy Act of me (12 U.S.0 States Code lrelattag to seism end forfeit- "(d) SAWICZ or Sustroma?Service of a
are monetary instruments in foreign corn- summons issued under this section may be
sided is amended to read as follow "if G by registered mail Or in such other manner
report required under section 6316 with re- calculated to give actual notice as the Seers-
spect to any monetary instrument is not teryinny prescribe by rangotton.
filed (or if filed, contains a material oohs- .yet commie), on Rusiasa._
elan or iateetatematt at. fact), the tastra. "ti) Rsousurez. TO ATTORNEY OT.NRIAL.?IR
meld and any interest in property, includ-
ing deposit in a financial institution, Clig?11tanaCif /41 a Perim issued a tam-
traceable to such tnetrameag may be seised YYYRY under Paragraph a) or (4) of name-
and forfeited to the United States Govern- tital (a) ar a refatal by sat* Per."Tregt4 :umber
nsent.". such summons, the Secretary of um?
= COMPLIANCS AfRwoRTIT roil swarrrAer shall /afar the matter to the "erne, ?mar'
or 7We TRSAMMT AND *SLAM MAP ?
'721 InaMeraTos or covivr.?The Attorney
Suirmome PowSit.?Section 5318 of title General mar invoice the idd of arot court of
31, United States Code, is amended? the United States within the Jurisdiction of
a) by inserting "la) Gerowei Por/IIIS or which?
Secerrear.?" before "The Secretary f the "(A) the investigation which give rise to
Treasury": the SIONOR01111 is being or has been carried
(2) paragraph ID, by inserting "except on:
as provided in subsection IONA' beim ...1Br the ?arson summoned 18 an inhabit.
ant: or
(3) by 8"*"4149 Oat 'and' at the `"" of
"(C) the person summoned carries on bust-
Paragraph Mk
IV by inserting after-paragraph (V the fa- am? or nialt he fins"'
? to compel compliance with the summons.
notify the customer of the existence of the el. other data of domestic financial fast"' an ?Mar nalitrtad Usa Perim watatraad ta
subpoena or information _that has been fur. hens relevant to the nicordkeesdrig 0 r appear Ireton the Secretary or his delegate
to produce books, PaPers, records. and other
nished to the grand PM under the chews- porting lettetmeseitte a/ this elthehaPten.
stances and for use period specified emi pg, "(4) summon a financial institution, an data, to give testinsouy as may be necessary
=ant to the invcedures established in ara. officer or employee Of a J111041Cial institu- to explain how such material was compiled
has 1109 of the Right to Amami& privacy lion (including a former officer or employ- and maintairsed. end to pay the costs of the
Act of 1978 (12 U.S.0 .1409)". N), or any Person having Possession, mato- pracesillue..
de, or care of the reports and molds re. "(41 Rowse 10 comer wine rums:a?A ny
SSC AM STRUCTURING TRANILICTTONS TO STARS glowed under this mibshautim to appear "moo to obey the order 0/ the wan may be
ilaYoanYO alleamaNahn MINIM before the Secretary cr/ the Treasury or his pardeised by the court as a contempt thereat
so
3403(c)) is amended by adding at the end
thereof the following new sentences: "Such.
information may include only the name or
other identifying information concerning
any individual or account involved in and
the nature of any suspected illegal activity.
Suds information may be disclosed nohoith-
standing any constitution, law. or Muhl-
Hon of any State or political subdivision
thereof to the contrary. Any financial insti-
tution, or affker, employes, or agent thereof.
making a disclosure -of inforination pursu-
ant to this subsection, shall not be liable to
the customer under any law or regulation of
the United Stater or any constitution. Zara
or regulation of any State or political subdi-
vision thereof, for such disclosure or for any
-
failure to notify the customer of such disclo-
sure.".
lb) Section 1113(1) of the Right to Finan-
cial Privacy Act of 1978 (12 U.S.0 3413(0)
Is amended by inserting immediately before
the period at the end thereof a comma and
the following: "except that a court Mail
have authority to order a financial institu-
tion, on which a grand Jury subpoena for lowing new Penigta
'"(3) examine any books, Papa', resold; "(S) Cots? 01413m?The court may issue
customer records has been weed. not to
la) Is Gimenst.?suadiauter Of chapter iditegatemoneet eandtbaetoasrrodoPtaeC:NDassor betel. MI Moms or reociss.?Alt process in
any due under this subsection may be
53 of title 31, United States Code Wilting to papers, records, or other data; and to foe
served in-any Judicial district in which such
records and reports on monetary bistro. testimony, under oath, as may be relevant or
meats transactions) is amended by adding material to an investigation described is "'Wei MCI be/Oant"
at the end thereof the following new section: subsection flit and?. lb) Asarnonzar !MAIM ID trimmer
GRANTsD roe RIONZINAT TherelleCI7ON Rs-
"1 ant Streeinnee tmeseenee e le nide rePernee (3) bytedasigna.ting paragraph (3) as PORTING RSOONISIISITIY.?SACTION 5318 of
paragraph 1.5): and
regaireewnt 'Waited (6) by adding at the end the following 114W Ude 34 United States Cade, il amended by
"No person shall for the purpose of evad. subsections: adding After subsection le) (as added by sub-
int' the reporting requirements Of motto* . 'RV Lnarenora on Sosearoms P0 -- section tat of Ohs section) the following new
5313(a) with respect to such transaction? -a) Sews or Posza?The Secretary of the eekeottoo:
"(1) Cana, or attests* to cause a domestic Treasury may take any action described in "Ill WenTice AND SIONSD SWUM? Re-
/1114"W institution to fall to file a nelmirt Paragraph /V or (4) of subsection (a) only goness.?No person shall qualify for an =-
required under section 5313(a): - in connection with investigations for the unption under subsection lat(5) unless the
"iti cause or attempt to cause a domestic purpose of civil Inforannent of violations of relevant financial institution prepares and
financial institution to file a report re- tide anhehiPter. mono* 21 of the Federal De- cuatutaius a +totem/a which?
'mired under section 5313(a) that contains a posit insurance Act. section 411 of the NG- '''(1) describes in detail the reasons why
material omission or misstatement of fact Hon& Housing Act, or chapter 2-0/ Public such person is qualified for such exemption.'
or . Low 91-508 112 U.S.0 2951 et mai or any and
"(V structure or assist in structuring, or rellolettest "de' gee Sc Praadstaa? "(2) contains the signature of each
attempt to structure or assist in structuring& "(V Avretoure" allata"I laaawas maw person.".
any transaction with one or more domestic be Wiled wader tablaatbmt teM4) isle as or lc) Coffroalorro AADDIDMISTZ.?
financial institutions.". with the approval of, the Secretary of the
Treasury or a supervisory level adipose of at Sections 5321 and Sin of title 31.-
tb) Cinema AN ?The table of sec- imam:warp ja, r ski Tremors. - United States Coda are each amended by
lions for chapter 53 of title 31, United States ..i.ci jammarragrna "am cjsumwasa, asthma out muscle. such Awe such term
Cada il amended by adding at the end "CU PRODUCTION AT-DSSIONATSD SITZ.--al 4iPSeirs and tasesttuf in lien thereof
thereof the following new item: summons issued pursuant to this section "WillWart
"5324. Strodurbur transactions to evade re- may require that books. papers, records. or (2) The heading of section 5318 OUR& St
- porting requirement prohibit- other data doted or ? maintained at -any United States Code. is amended- to reed as
plass be maimed at any designated loos- follows:
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October 17, 1986
CONGRESSIONAL RECORD ? HOUSE
"I SM. Coateilsows, eseseptiens, and seatime ea-
away".
(di C1XXIC.AL Armament?The table of sec-
tions for chapter 53 of title U. United States
Code. Is amended by striking out the item
relating to section 5312 and inserting in lieu
thereof the following:
"5318. Compliance. exemptions, and EMI-
MOM authority.% ?
see IXL PENALTY PROVISIONS
(a) atm Morarr Ps:taw roe Stoververa
Tdursecrma VIOLATION.?Sectton 5321(a) of
title 31, United States Code, is amended by
adding at the end thereof the following MID
paragraph;
"(4) STRUCTURED TRANSACTION VIOLATION?
"IA) Pa ivy AUTRORIZSA?The Secretary
of the Treasury may impose a civil money
penalty on any person who willfully violates
any provision of section. 5324.
"(B) MAXIMUM mourn LUOTATIOM?The
amount of any civil money penalty imposed
under subsiaragraph IA) shall not exceed the
amount of the coins and currency for such
other monetary instruments as the Secretary
may prescribe) involved in the transaction
with respect to which such penalty is i*-
"
"(C) Cocutmerros wrrm mamma mow-
s:am?The amount of any civil money penal-
ty imposed by the Secretary under subpara-
graph (Alshall be reduced by the amount of
any forfeiture to the United States under
section 5317(d) in connection ? with the
transaction with respect to Which such pen-
ally is imposed".
(b) Dicesess m Uvular oe Pseator Poi FI-
NANCIAL Irirrrrwrorn.?Section 53211a1111 of
title 31, United States Code, is amended?
(11 by striking out "310.000" and inserting
In lieu thereof ."the greater of the. amount
(not to exceed 2100,000) involved is the
transaction or $25.000"; and
(21 by striking out "section 5315"- each
place such term appears and inserting in
lieu thereof "sections 5314 and 5315'.
Icl Ureters Cird MONEY Pernor Fos .E10-
14770N or Seciroa 5314.?Section 5321(a) of
title 31, United States Code, is amended by
Inserting after paragraph IC (as added by
subsection (a) of this section) the following.
new paragraph:
"IV Fouram FINANCIAL Aosarr TEAAKAC-
vox VIOLATION.?
"(Al PENALTY ernwoarzere?The Secretary
of the Treasury may Impose a civil money
penalty on any person who willfully violates
any provision of section 5314.
"(B) Mune= &worm umernore?The
amount of any Citgi MIMI penalty imposed
under subparagraph (A) shall not exceed?
"(5) in the case of violation of such section
involving a trunsaction, the greater of?
"(I) the amount (not to emceed $100.000) of
the transaction; or
"(II) 225,000; and
NU in the case of violation of such section
involving a failure to report tlw existence of
an account or any identifytng. Warmation
required to be provided with respect to such
account, the greater of?
"ID an amount (not to exceed ?100,000)
equal to the balance in the account at the
time of the violation; Or
"(IV 225,000.".
(di Serener' Cm. Mour Prearr roa
Nutomor VIOLATION or Svaasspiy&?Sec-
lion of title 31, United. States Code,
Is amended by inserting after paragraph (5)
(as added by subsection Id) of this section)
the following new paragraph:
"(6) Newts:am?The Secretary of the
Treasury may impose a civil money penalty
of not more than 8500 on any financial in-
;Mutton which negligently violates any pro-
vision of this subchapter or any regulation
prescribed under this subchapter.".
(e) Ler:tame or Tam LIMI12770M: roe Ae-
mummy or Card Perearr.?Section 5321(te)
of title 31. United States Code, is amended
to read as /allows:
"(b) Tatz LIMITATIONS FOR Assmarders AND
Commericsmear or Ova Actium?
"ID Assessmeind?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.
"IV CIVIL ecrrorts.?The Secretary may
commence a Civil action to recover a civil
Penalty assessed under subsection (a) at any
time before the end of the 2-year period be-
ginning on the later of?
"(A) the date the penalty was- assessed; Or
"UV 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 as-
? (
(f) CL:UUTIC4TION or RELATIONSIOP Barnum
Cnoz Pereurr AND .CRIMINAL -Putnam?Sec-
tton 5321 of title 31, United States Code, is
amended by adding at the end thereof the
!allaying new subsection:
"(d) Canwed Preturr Nov Seczturs or
atm Pedarr.?A civil money penalty may
be imposed under subsection (a) with re-
spect to any violation of this subchapter
notwithstanding the Awt that a criminal
penalty it imposed with reelwat to the same
violation. ?
10) AMENDMENTS ro CRIMINAL Pertarr FOB
Citer.ure ?mum?Section 53221b1 of title
31, United States Code, is amended?
ID by striking out "illegal activity involv-
ing transactions or and inserting in lieu
thereof "any illegal activity involving";
(2) by striking out "5 years' and ?inserting
belies thereof "10 years".
(AI CONFORMING Asrermonor.?Section
5371(c) of title 31, United States Codd is
amended by striking out "section 5317(b)"
and internal( in lieu thereof "subsection (c)
or Id) of section 531T".
WC nu MONETARY TRANSACTION KIPORTLYG
AMINeneters
(a) Crasser meow sword?Section 5318
of title .11, United States Code. is amended
by adding at the end the following new sub-
section - -
"Id) armazerm or Caesar RIL4TED
EVINTL?The Secretary of the Treasury may
prescribe regulations under this section de-
fining the term 1st one time' for purpose, of
subsection (a). Such regulations may permit
the. emendation of closely related events, in
order that such events may collectively be
considered to occur at one time for the purl-
poses of subsection lat.".
? (b) learatrit onarise.?Section 53181a)(1)
of title II, United States Code, is amended?
(1) by striking out "or attempts to trans-
port or have transported". and
IV by bunting ". is about to transport."
after "transports".
(c) TECHNICAL AND CONFORMING AMMO-
sazin?Section 531814:112) of title 31. United
States Code, is amended by striking out
"85.000" and inserting in lieu the,
"810,000".
Sac U. BANKING EMULATOR: AGSNCT SOPERVI-
- SIOM OF BECOEOKUPING SYSTSMIL
la) halm= RANKS.?
?- (1) IN GENERAL?Section 8 of the Federal
Deposit Insurance Act (12 U.S.0 1811) is
emended by adding at the end thereof the
following new subsection:
"(s) COMPLIANCE' Wrist Morareer TRANSAC-
TION RICORDIOXPING AND Arrow REQUIRE-
COMPLIANCS raocsatouts ASQUIRIED.?
Each appropriate- Federal banking agency
shall prescribe regulations requiring insured
H 11227
banks to establish and maintain procedures
reasonably designed to assure and monitor
the compliance of such banks with the re-
quirements of subchapter 11 of chapter 53 of
title 31, United States Code.
"(2) REANIMATION: OP SANE TO INCLUDE
MVIEW 01' COMPLIANCE PROCEDURES.?
"(A) IN asmut.?Each examination of an
Insured bank by the appropriate Federal
banking agency shall include a review of the
procedures required to be established and
maintained under paragraph (1).
"031 EXAM REPORT esouresmerr.?The
report of examination shall describe any
problem with the procedures maintained by
the insured bank.
"(3) ?easy or) COMPLY V11771 esourra-
mvers.?If the appropriate Federal banking
agency determines that an insured bank?
"(.4) has failed to establish and maintain
the procedures described in paragraph (1);
OT
"(B) has failed to correct any problem
with the., procedures maintained by such
bank which was previously reported to the
bank by such agency,
the agency shall issue an order in the
manner prescribed in subsection lb) or (c)
requiring such bank to cease and desist from
its violation of this subsection or regula-
tions prescribed under this subsection.".
(2) Cm. mour PENALTIES PDX FAILURE To
MAINTAIN costruarrat PROCIONNIXE.?Section
80112101 of the Federal Deposit Insurance
Act (12 U.S.0 18120)121011 is amended by
striking out "subsection (b) or (c)" and in-
serting in lieu thereof "subsection (b), (c), or
(b) Derrnortora REGULATED sr on BANS
BOAILD.?;'
(1) IN GEATRAL.?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:
CoNistEAMCK Wire' Mormear TRANS-
AMON RECOADKIEJSMO AND REPORT REQUnta-
MINTZ?
"(A) COMPLIANCE PR0CSDUIU3 azowitza?
The Board shall prescribe regulations re-
quiring associations to establish and main-
tain procedures reasonably designed to
41481011 and monitor the compliance of such
associations with the requirements of sub-
chapter II of chapter 53 of title 3t, United
States Code.
"(B) REAMINIffONS or ASSOCUTTONS to IX-
CLUDS REVIEW 01 COMPLIANCE PROCEDURES.?
"(t) Ire 01174SAAL.?Each examination of an
association by the Board shall include a
review of the procedures required to be es-
tablished and maintained under subpara-
graph IA).
"(IV SEAN IsZPORT ItitGurannum.?The
report of examination shall describe any
problem with the procedures maintained by
the association.
Oarrat To cower win asourra-
marrd?If the Board determines that an as-
sociation?
"0) has failed to establish and maintain
the procedures described in subparagraph
(A): or
"Iii) has failed to correct any problem
with the procedures maintained. by such as-
sociation which was previously reported to
the association by the Board.
the Board shall luxe an order in the
manner prescribed in paragraph (2) or (3)
requtring such association to cease and
desist from its violation of this paragraph
or regulations prescribed under this pars-
graph. ".
(2) Cm. MONEY PSNALITIS PDX FAILURE TO
MAINTAIN COMPLIANCS reoczauess.?Section
5(d)(2)(13)0) of the Home Owners' Loan Act
of 1933 (12 U.S.0 1484(d)(8)(B)11)) is
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H 11228 CON
amended by striking out "paragraph (2) or
(3)" and inserting in lieu thereof "para-
graph (2), (3). or (16)".
(c) INSURED Tmurr Itarrrtrnows.?
(11 IN OENERAL.?Section 407 of the Nation-
al Housing Act (12 U.S.0 1730) is amended
by adding at the end thereof the following
new subsection:
"(s) Comreettics Mrs Mowzrar TRANSAC-
nom RECORDS:WINO AND Reroar Rseunts-
MENTS.?
"(I) Correestror PROCEDURES REQUIRED.?
The Corporation shall prescribe regulations
requiring insured institutions to establish
and maintain procedures reasonably de-
signed to assure and monitor the compli-
ance of such Institutions with the require-
ments of subchapter II of chapter 53 of title
31, United States Code.
"(2) Exammsnota or. warrrynota ru IN-
CLUDE RIMIER OF COMPLIANCS PROCEDURES.?
"(A) IN OINSIIAL.?Each examination of an
Insured institution by the Corporation shall
include a review of the procedures required
to be established and maintained under
Paragraph W.
"MI EXAM asroxr woymnanr.?The
report of examination shall describe any
problem with the procedures maintained by
the insured institution.
"(3) Orustre TO Cowper wzrw REQUIRE-
MINTS.?M the Corporation 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 procedures maintained by such in-
stitution which was previously reported to
the institution by the Corporation,
the Corporation shall issue an order in the
manner prescribed in subsection (e) or (f) re-
quiring such institution to cease and desist
from its violation of this subsection or regu-
lations prescribed under this subsection.":
(2) ars mower PSNALITSS WHAMS TO
MAINTAIN commis= raczyouts.?Section
407(k)(3)(A) of the National Housing Act (12
U.S.0 1730(k)(3)(A)) is ainended bf striking
out "subsection (e) or (f) of this section shall
forefit" and inserting in lieu thereof "sub-
section (e), (A or (s) of this section shall for-
feit".
(d) Day= Claw Wawa?
(1) IN GENERAL.?Section 206 of the Federal
Credit Union Act (12 U.S.C. 1786) is (intend-
ed by adding at the end thereof the following
new subsection:
"(q) COMPLIANCS Wrzw MONETARY Twasc-
not" Ascot:mama AND REPORT Baum-
=TS.?
"ID COMPLIANCE ',Roomy= Rsotrnera.?
The Board shall prescribe regulations re-
quiring insured credit unions to establish
and maintain procedures reasonably de-
signed to assure and -monitor the compli-
ance of such credit unions with the require-
ments of subchapter II of chapter 53 of title
31, United States Code.? - -
"(2) EXAMINATIONS or CREDIT UNIONS ro IN-
CLUDE REVIEW OF COMPLIANCE PROCEDURES.?
"(A) IN CitlISRAL.?Each examination of an
insured credit union by the Board shall in-
clude a review of the procedures required to
be established and maintained under para-
graph M.
"(13) Sur acroar Ralwasstrxr.?The
report of examination shall describe any
problem with the procedures maintained by
the credit union.
"(3) ?ADM TO corms, wrru REQUIRE-
MEN72.?If the Board determines that an in-
sured credit union?
"(A) has failed to establish and maintain
the procedures described in paragraph (1);
Or
"(B) has failed to correct any problem
with Use procedures maintained by such
GRESSIONAL RECORD ? HOUSE October 17, 1986
credit lotion which was previously reported
to the credit union by the Board,
the Board shall issue an order in the
manner prescribed in subsection (e) or (f) re-
such credit union to cease and
desist from its violation of this subsection
or reputations prescribed under this subset-
'.
(2) Czne MONEY =Am= FOR Amuse TO
AIRMAN, COMPLIANCE PROCSDURIX.?Section
206(k)(2)(A) of Federal Credit Union Act
(12 U.S.C. 178611")(2IA)) (as in effect on Sep-
tember 1, 1986) is amended by striking .out
"subsection (e) or W" and inserting in lieu
thereof "subsection (e), ta or (q)".
SSC nes CHANGE IN DANS CONTROL ACT AMEND-
. MAW(a) Anomostse Renew
(1) Dame mrismszor AT DISCRETION OF
AGENCY?The first sentence of section 7151(1)
of the Federal Deposit Insurance Act (12
U.S.0 1817(1)(11) is amended by striking out
"or extending up to another- thirty days
and inserting in lieu thereof "or, in the dis-
cretion of the agency, extending for an addi-
tional 30 days".
ADarrromm, errszarows- IN CASK or IN-
COMPLETE OR ,INACCURATE NOME OR 27) CON-
TRAM nawsrmsnow-77sesecond4entence of
section 7151(1) of the Federal Deposit Insur-
ance Act-I12 U.S.0 11117(5)(1)) is amended to
read as follows: "The period for disapproval
under the preceding sentence may be ex-
tended not to exceed 2 additional times for
not more than 45 days each time if?
"(A) -the agency determines that any ac-
quiring party has not furnished all the in-
formation required under paragraph IV;
"(13) in the agency's judgment, any materi-
al information submitted is substantially
inaccurate; -
"(C) the agency has been unable to con-
Piste the investigation of an acquiring Party
under Paragraph (2)(B) because of any delay
caused by, or the inadequate cooperation of:
nu* acquiring party; or -
"(D) the agency determines that addition-
al time is needed to investigate and deter-
mine 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.".
1b) Dvrr IV INVESTICIATS Arrucurrs FOR
CHANGE IN CONTROL Amova..?Section
7(1)(2) of the Federal Deposit Insurance Act
112 U.S.0 1817(j)(2)) is amended?
(1) by striking out "(2)" and inlerting in
lieu thereof "(MA) Nonce 70 Smrs
AGENCY.?"; and '
(2) by adding at the end thereolthe follow-
ing new subparagraphs:
"(B) Irrnersosnom or PRRICIPALT RE-
QUIRED.?Upon receiving any notice under
this subsection, the. appropriate Federal
banking agency shall?
"(t) conduct an investigation of the com-
petence, 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 in.
formation described in paragraph (6) with
respect to such person.
"(C) Ftsrar.-77se "appropriate Federal
banking Wenn) shall prepare a written
report of any investigation under subpara-
graph (B) which -shall contain, at a mini-
mum, a summary of Use results of such in-
vestigation. The agency shall retain such
written report as a record of the ageney."2:
Pyauc Coannvir ON Ow= or Com-
mix. Noncss.?Section 7(51(2) of the Federal
Deposit Insurance Act (12 U.S.0 18170)(2))
is amended by adding after subparagraph
IC) las added by subsection IN of this sec-
tion) the following new subparagraph:
."(D) PusLic Commair.?Upon receiving
notice of a proposed acquisition, the appro-
priate Federal banking agency shall, within
a reasonable period of time?
"(i) publish the name of the insured bank
proposed. to be acquired and the nanie of
each Person identified in such notice as a
person by whom or for whom such acquisi-
tion is to be made; and
"NU solicit public comment on such pro-
Posed acquisition, particularly from Persons
in the geographic area where the bank pro-
posed. to be acquired is located, before final
consideration of such notice by the agency,
unless the agency determines in writing that
such disclosure or solicitation would seri-
ously- threaten the safety or soundness of
such bank".
(d) lionarroRnows AND ENroanarer.?Sec-
tion MI of the Federal Deposit insurance
Act (12 U.S.0 1817(9) is amended?
(1) by redesignating- paragraphs (15) and
(16) as paragraphs (16) and 417), respective-
ly; and
(2) by inserting after Paragraph (IV the
following new paragraph;
"115) Imrsonoarrvz Ata" ENFORCEMENT Au- "
INORITT?
"(A) INVIX770ATIONIL?The appropriate
Federal banking agency may exercise any
authority vested in such agency under sec-
tion 8(n) in Use course of conducting any in-
vestigation under paragraph (2)(B) or any
other investigation which the agency, in its
discretion. determines is necessary to deter-
mine whether any person has filed inaccu-
rate, incomplete, or misleading information
under this subsection or otherwise is violat-
ing, has violated, or is about to violate any
provision of this subsection or any regula-
tion prescribed under this subsection.
."(B) Zworecemstir.?Whentsver it appears
to the appropriate Federal banking agency
that any person is violating, has violated. or
U about to violate any provision of this sub-
section or any regulation prescribed under
this subsection, the agency may, in its dis-
cretion, apply to the appropriate district
court of the United States or the _United
States court of any territory/or?
"(4) a temporary or permanent injunction
or restraining order enjoining such person
from violating this subsection or-any regula-
tion prescribed under this subsection; or
"(ii) such other equitable relief as may be
necessary to prevent any such violation (in-
cluding 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 appropriate Federal
banking agency under subparagraph (A)- as
such courts have under section 8(n).
"(ii) The district courts of the United
States and the 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 MI. When appropriate, any
in/unction. order, or other equitable relief
granted under this paragraph shall be grant-
ed without requiring the posting of any
bond.".
SEC nu. CHANGE IN SAVINGS AND LOAN CONTROL
? ACT' ANIINDANTIVTAL -
(a)ADDITIONAL Review Traw.?
. (1) IATITAL EXTENSION AT DISCRETION OF
AGENCT-77$8 find sentence of section
407(q)(1) of the National Housing Act (12
U.S.C. 1730(q)(I)) is amended by striking
out "or extending up-to another thirty days"
and inserting in lieu thereof "or, in the dis-
cretion of the Corporation, extending for an
additional 30 days".
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October 17, 1986 CONGRESSIONAL RECORD ? HOUSE H 11229
mittee on Banking, Housing. and Urban AP
fairs of the Senate on the results of discut-
sions initiated pursuant to subsection (a).
(C) STUDY OP MONEY LAUNDERING THROUGH
FOREIGN BRANCHES OP DONE477C FINANCIAL IN-
=Turn= RSQUIRED?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 institutions are used?
(A) to facilitate illicit transfers of coins,
currency, and other monetary instruments
las such term is defined in section
5312(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 transfer of coins. currency.
and other monetary instruments las so de-
fined) 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 enforcing
the law of the United States with respect to
transfers, and reports on transfers, of such
monetary instruments into- and out of the
United States.
(d) REPORT ON STUDY or Fonszam BRANCHES
Rsounizo.?Before the end of the 9-month
period beginning on the date of the enact-
ment of this Act. the Secretary of the Treas-
ury shall prepare and transmit a report to
the Committee On Banking. Finance and
Urban Affairs and the Committee on the Ju-
diciary of the House of Representatives and
the Committee on. Banking. Housing, and
Urban Affairs and theCommittee on the Ju-
diciary of the Senate on the results of the
study conducted pursuant to subsection (c).
841C Ina Srritc77VS DAM
(a) The amendment made by section 1354
shall apply with respect to transactions for
the payment, receipt, or transfer of United
States coins or currency or other monetary
instruments completed after the end of the 3-
month period beginning on the date of the
enactment of this Act
Ibl The- amendments made by sections
1355(b) and 1357(al shall apply with respect
to violations committed after the end of the
, .1-month period beginning on the date of the
enactment of this Act
(c) The amendments made by section 1357
(other than subsection (a) of such section)
shall apply with respect to violations com-
mitted after the date of the enactment of
this Act.
Id) Any regulation prescribed under the
amendments made by section 1358 shall
apt)* with respect to transactions complet-
ed after the effective date of such regulation.
le) The regulations required to be pre-
scribed under the amendments made by sec-
tion 1359 shall take effect at the end of the 3-
month period beginning on the date of the
enactment of this Act.
(f) The amendments made by section* 1360
and 1361 shall apply with respect to notices
of proposed acquisitions filed after the date
Of the enactment of this Act.
SEC. ram MeggiCArt Muses
la) Subsection (b) of section 1952 of title
18, United States Code, is amended by strik-
ing out "or" before "(2)", and by striking
out the period at the end thereof and insert-
ing in lieu thereof the following* ". or (3)
any act which is indictable under subchap-
ter If of chapter 53 of title 31, United States
Code, or under section 1956 or 1957 of this
title.".
(b) Subsection (1) of section 1961 of title
18. United States Code, is amended by in-
(2) ADDITIONAL EXTENSIONS IN CASE OP IN-
COMPLETE OR INACCURATE NOTICE OR T 0 CON-
rows virsxnainom.?The second sentence of
section 407(q)(1) of the National Housing
Act (12 U.S.0 1730(1)11P is amended to read
as follows: "The period for disallow:nil
under the preceding sentence may be ex-
tended not to exceed 2 additional times for
not more than 45 days each time V?
IA) the Corporation determines that
any-
acquiring party has not furnished all the in-
formation required under paragraph MI;
"(B) in the Corporation's judgment. any
material information submitted is substan-
tially inaccurate;
"(C) the Corporation has been unable to
complete the investigation of an acquiring
Party under paragraph (2)(B) because of
any delay caused by, or the inadequate coop-
eration of. such acquiring party; or
"(11) the Corporation determines that ad-
ditional time is needed to investigate and
determine that no acquiring party has a
record of failing to comply with the require-
ments of subchapter ll of chapter 53 of title
31, United States Code.".
lb) Dow TO INVESTIGATE APPLICANTS FOR
CHANGE IN Comlnoi. APPROVAL?Section
407(q)(2) of the National Housing Act (12
U.S.C. 1730(0(2)) is amended?
( 1) by striking out "(2)" and inserting in
lieu- thereof "(2)(A.) Nom: STAIT
Aormcr.?": and
(2) by adding at the end-thereof the follow-
ing new subparagrupkw
"(B) DIVESTIGAVOlf PIUNC.IPALS A:-
Qualm:J.?Upon HICeiVilfg ERIS notice' under
this subsection. the Corporation shall?
"IQ conduct an investigation of Me cow
Petence, experience, integrity, and financial
ability of each person named in a notice of
a proposed acquisition as a Person 1* whom
or for whom such acquisition is to be made;
and ?
"at) make an independent determination
of the accuracy and completeness of any in-
formation described in paragraph (6) with
respect to such person.
"(C) lisrorer.-171e Corybration shall pre-
pare a written report of any investigation
under subparagraph (B) which shall con-
tain, at a- minimum, a summary of the *-
Mt* of such investigation. The Corporation
shall retain such written 'sport as a record
of the Corporation.".
(c) Priam Comtism? ON Civimos or Com.
MOE Nowoos.?Section 4071q0(21 of the Na-
tional Routing Act (12 U.S.0 17301q)(2)) is
amended by adding after subparagraldi
(as added by subsection (hi fAr this section)
the following new subparagraph:
Possic Cosaaorr.?Upon receiving
notice of a proposed acquisition, the Corpo-
ration shall, within a reasonable period of
time?
"NI publish the name of the twined insti-
tution proposed to be acquired and the
name of each person identified in such
notice as a person by whom or for whom
such sec-
_____ tion is to be made; and
"MI - nubile comment on such pro-
posed acquisition. particularly from persons
In the geographic area where the institution
proposed to be acquired is located. before
final consideration of sack notice by the
Corporation,
unless the Corporation determines in writ-
ing that such disclosure or solicitation
would seriously threaten the safety or
soundness of such institution".
Id/ INVESTIGATIONS AND ENFORCENMENT.?See-
Han 407(q) of the National Housing Act az
U.S.0 1730(q)) Is amended?
(1) by redesignating paragraphs (16) and
117) as paragraphs (171 and (IV, respective-
ly; and
(2) by inserting after paragraph (15) the
following new paragraph:
"(16) limn:atm, AND ENFORCEMENT AU-
THOR!??.-
"(A) INVZSITGATIONS.?The Corporation
may exercise any authority vested in the
Corporation under paragraph (2) or 13)of
subsection (m) in the course of conducting
any investigation under paragraph ?12/1/3/ or
any other investigation which the Corpora-
tion, in its discretion, determines is neces-
sary to determine whether any person has
filed inaccurate, incomplete, or misleading
Information under this subsection or other-
wise is violating, has violated, or is about to
violate any provision of this subsection or
any regulation prescribed under this subsec-
tion.
'113) Errroacxxvm?Whenever U appears
to the Corporation that any person is violat-
ing, has violated, or is about to violate any
provision of this subsection or any regula-
tion 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 ter-
ritory for?
"ft) a temporary or permanent injunction
or restraining order enjoining such person
from violating this subsection or any regula-
tion prescribed under this subsection: or
"(Ii) such other equitable relief as may be
necessary to prevent any such violation (in-
cluding divestiture).
"( Junrsoicriom ?
"ft) 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 courts have under
paragraph IV or (3) of subsection (in).
"(ii) The district courts of the United
States and the 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 IBA When appropriate, any
injunction, order, or other equitable relief
under this paragraph shall be granted with-
out requiring the posting of any bond.". -
sic IXT. AMONOMENIS TO DZIONITIONS.
(a) UNIT= grams dos:rags &curt= 17W
Poem Sums?Section 5312*,)12)(0) of
title 31. United States Code (defining finan-
cial institutions) las redesignated by subsec-
tion laN is amended by inserting before the
semicolon at the end the following: ", in-
cluding the United States Postal Service."
lb1 UNIT= STA= Armin= Cameo Mum-
roux .uso Possessions?Section 5312(c1115)
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 Rtco".
DEC UM 110711NATIONAL 111,0114.4170N EX-
MANGE 577W5le STUDY OP 10111116N
IRA NCWL O DOW= INSTTITI.
- TIOMI
laJ &scum=ON Isrmsericumr. fivronisa-
EXCITANOt Srsum.?The Secretary of
the Trawls.% in consultation with the
Board of Governors 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 information exchange
system be established to assist the efforts of
each participating country to eliminate the
international flow of money derived from il-
licit drug operations and other criminal ac-
tivities.
(b) lama? Off Discussions ftioviiiss?
Before the end of the f-month period begin-
ning on the date of the enactment of this
Act, the Secretary of the Treasury shall pre-
pare and transmit a report to the Committee
on Banking, Finance and Urban Affairs of
the Rouse of Representatives and the Com-
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H 11230
CONGRESSIONAL RECORD ? HOUSE actober 17, 1986
setting "section 1958 (relating to the laun-
dering of monetary instruments), section
1957 (relating to engaging in monetary
transactions in property derived from Wei-
fled unlawful activity)." after "section 1955
(relating to the prohibition of illegal gam-
bling businesses),".
(c) Subsection (1) of section 2516 of title
18, United States Code, is amended in para-
graph lc) by inserting "section 1956 (laun-
dering of monetary instruments), section
1957 (relating to engaging in monetary
transactions in property derived from speci-
fied unlawful activity)," offer "section 1955
(prohibition of relating to business enter-
prises of gambling),".
sic. issa FoRFSITVOZ.
(a) Title 18 of the United States Code is
amended by adding after chapter 45 a new
chapter 46 at follows:
"CHAPTER 46?FORFEITURE -
"Sec.
"981. Civil Forfeiture.
"982. Criminal Forfeiture.
"I 581. Clod forfeiture
"(a)(1) Except as provided in paragraph
(2), the following property is subject to for-
feiture to the United States:
"(A) Any property, real or personal, which
represents the gross receipts a person ob-
tains, directly or indirectly as a result of a
violation of section 1956 or 1957 of this title,
or which is traceable to such gross receipt&
"(B) Any property within the jurisdiction
of the United States, which represents the
proceeds of an offense against a foreign
nation involving the manyfacture, importa-
tion. sale, or distribution of a controlled
substance (as such term is defined for the
purposes of the Controlled Substances Act),
within whose jurisdiction such offense or
activity would be punishable by death or im-
prisonment for a term exceeding one year
and which would be punishable by impris-
onment for a term exceeding one year if
such act or activity had occurred within the
jurisdiction of the United States.
"(C) Any coin and currency for other mon-
etary instrument as 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 at-
tempted transaction in violation of section
5313(a) or 5324 of title 31 may be seized and
'forfeited to the United States Government.
No property or interest in property shall be
seised or forfeited if the violation is by a do-
mestic financial institution examined by a
Federal bank supervisory agency or a finan-
cial institution regulated by the Securities
and Exchange Commission or a partner, di-
rector, officer or employee thereof.'
"(2) No property shall be forfeited under
this section to the extent of the interest of an
owner or lienholder by reason of any act or
emission established by that owner or lien-
holder to have been &admitted without the
knowledge of that owner or lienholder.
'101 Any property subject to forfeiture to
the United States under subsection (a)(1)(A)
or 141(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 prop-
erty subject to forfeiture under subsection
(a)(1)(C) of this section may be seised 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 ob-
tained a warrant for such seizure pursuant
to the Federal Rules of Criminal Procedure,
in which event proceedings under subsec-
tion (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 Attornky
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 Prop-
erty is seised under this subsection. the At-
torney General or the Secretary of the Treas-
ury, as the case may be, may?
"(1) place the property under seal;
"(2) remove the property to a-place desig-
nated by him: or
- "(3) require that the General Services Ad-
ministration take custody of the property
and remove it, if practicable, to an appro-
priate location for disposition in accord-
ance with law.
"(d) For purposes of this section, the pro-
visions of the customs laws relating to the
seizure, summary and judicial forfeiture,
condemnation of property for violation of
the CUti011iS laws, the disposition 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.0 1602 et seq.), insofar as they are
applicable and not inconsistent with 'the
provisions of this section, shall apply to se-
cures 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 prop-
erty under the customs laws shall be per-
formed with respect to seizures and forfeit-
ures of property under this section by such
officers, agents, or other persons as may be
authorised or designated for that purpose by
the Attorney General or the Secretary of the
Treasury, as the case may be.
"(e) Notwithstanding any other provision
of the law, except section 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-t retain property for-
feted pursuant to this section, or to transfer
such property on such terms and conditions
as he may determine to? -
"(1) any other Federal agency; or
"(2) any State or local law enforcement
agency which participated directly in any of
the acts which led to the seizure or forfeiture
of the property.
The Attorney General or the Secretary of the
Treasury, as the case may be, shall ensure
the equitable transfer pursuant to para-
graph (2) of any forfeited property to the ap-
propriate State or local law enforcement
agency so as to reflect generally the contri-
bution of any such agency participating di-
rectly in any of the acts which led to the se-
sure or forfeiture of such property. A deci-
sion by the Attorney General or the Secre-
tary of the Treasury pursuant to paragraph
(2) shall not be subject to review. The United
States shall not be liable in any action aris-
ing out of the use of any property the custo-
dy of which was transferred pursuant to this
section to any non-Federal agency- The At-
torney General or the Secretary of the Treas-
ury may order the discontinuance of any
forfeiture proceedings under this section in
favor of the institution of forfeiture proceed-
ings 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 for- .
feiture proceedings under State or local law.
Whenever forfeiture proceedings are discon-
tinued by the United States in favor a/ -State
State
or local proceedings, the United States may
transfer custody and possession of the seized
property to the appropriate State or loco/ of-
ficial 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 discontinuance or dismissal. The United
States shall not be liable in any action aris-
ing out of the seizure, detention, and trans-
fer of seized property to State or local offi-
cials.
"(f) All right, title, and interest in property
described in subsection 4a) of this section
shall vest in the United States upon commis-
sion of the act giving rise to forfeiture under
this section.
NO The filing of an indictment or infor-
mation 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) /n addition to the venue provided for
in section 1395 of title 28 or any other provi-
sion of law, in the case of ProPertY of a de-
fendant 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 ju-
dicial district in which the defendant
owning such property is found or in the ju-
dicial district in which the criminal pros-
ecution is brought.
"(i) In the case of property subject to for-
feiturg under subsection (a)(1)(B), the fol-
lowing additional provisions shall, to the
extent provided by treaty, apply:
"(1) Notwithstanding any other provision
? of law, except section 3 of the Anti Drug
Abuse Act of 1986, whenever property is civ-
illy or criminally forfeited under the Con-
trolled Substances 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 General may
designate be regulation for equitable trans-
fer, or any amounts realized by the United
States from the sale of any real or personal
property forfeited under the Controlled Sub-
stances Act to an appropriate foreign coun-
try to reflect generally the contribution of
any such foreign country participating di-
rectly or indirectly in any acts which led to
the seizure or forfeiture of such property.
Such property when forfeited pursuant to
subsection laJ(1)(13) of this section may also
be transferred to a foreign country pursuant
to a treaty providing for the transfer of for-
feited property to such foreign country. A de-
cision 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 Moire, maintenance, inventory, stor-
age, forfeiture, ,and disposition of the prop-
erty, and aU transfer costa. The payment of
all such expenses, and the transfer of assets
Pursuant to this ParagraPh. Mail be upon
such terms and conditions as the Attorney
General may, in his -discretion, set. Trans-
fers may be made under this subsection
during a fiscal year to a country that is sub-
ject to paragraph (1)(A) of section 4811h of
the Foreign Assistance Act of 1961 (relating
to restrictions on United States assistance)
only if there is a certification in effect with
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CONGRESSIONAL RECORD ? HOUSE H 11231
respect to that country for that fiscal year
under paragraph (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 to
provide assistance to a foreign country in
obtaining property related to a crime com-
mitted in the foreign country, including
property which is sought as evideisce of a
crime committed in the foreign country.
"(3) A certified order or Judgment Of for-
/enure 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 subsec-
tion (WM(8) of this section, and any certi-
fied recordings or transcripts of testimony
taken in a foreign judicial proceeding con-
cerning such order or judgment of forfeiture,
shall be admissible in evidence in a proceed-
ing brought pursuant to this section. Such
certified order or judgment of forfeitum,
when admitted into evidence, shall consti-
tute probable cause that the property forfeit-
ed by such order or judgment of forfeiture is
subject to forfeiture under this section and
creates a rebuttable presumption of the for-
'Mobility of such property under this sec-
tion.
"(4) A certified order or judgment of con-
viction by a court of competent jurisdiction
of a foreign country concerning an unlawful
drug activity which gives rise to forfeiture
under this section and any certified record-
ings or transcripts of testimony-taken in a
foreign judicial proceeding concerning such
order or judgment of conviction shall be ad-
missible in evidence in a proceeding brought
pursuant to this section. Such certified
order or judgment of conviction, when ad-
mitted into evidence, creates a rebuttable
presumption that the unlawful drug active/
giving rise to forfeiture under this section
has occurred
"(5) The provisions of paragraphs (3) and
(4) of this subsection shalt 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 admis-
sible.
"(j) For purposes of this section?
"(I) 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
"I NE CWminel hesitant
"(a) The court, in imposing sentence on a
person convicted of an offense under section
1958 or 1957 of this title shall order that the
person forfeit to the United States any prop-,
enle 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.
"(b) The provisions of subsections 413 (e)
and (e) through (o) of the Comprehensive
Drug Abuse Prevention and Control Act of
1979 (21 U.S.0 853 (c) and (e)-410) shall
apply to property subject to forfeiture under
this section, to any seizure or disposition
thereof, and to any administrative or judi-
cial proceeding in relation thereto, if not in-
consistent with this maim".
(b) The chapter analysis of Part I of title
Id, United States Code. is amended by in-
serting after the item for chapter 45 the fol-
lowing:
"M. Forfeiture MI".
SEC. 1307. SEVERARILffY CLAUSE
If any provision of this subtitle or any
amendment made by this Act, or the appli-
cation thereof to any person or circum-
stances is held invalid, the provisions of
every other part, and their application, shall
not be affected thereby.
Sabath 1-4 raid Career Crisdisals
SAC um. Wier 7771.L
This subtitle may be cited as the "Career
Criminals Amendment Act of 1988".
SSC HU EXPANSION OF PREDICATE' OFFENSES FOR
ARMED CAREER CRIMINAL PENALTIES
(a) IN GENERAL.?Section 924(e)(1) of title
18, United States Code, is amended by strik-
ing out "for robbery or burglary, or both,"
and inserting in lieu thereof ",for & violent
felony or a serious drug offense, or both,".
(b) DmatorioNs.?Section 924(0(2) of title
18, United States Code, is amended by -strik-
ing out subparagraph (A) and all that fol-
lows through subparagraph (B) and insert-
ing in lieu thereof the following:
"(A) the term 'serious drug offense'
mama?
"(i) an offense under the Controlled Sub-
stances Act (21 U.S.0 801 et seq.), the Con-
trolled Substances Import and Export Act
(21 U.S.0 951 et seq.), or the first section or
section 3 of Public Law 96-350 (21 U.S.0
9554 et seq.), for which a maximum term of
imprisonment of ten years or more is pre-
scribed by law; or
"NU an offense under State law, involving
manufacturing, distributing, or possessing
with intent to manufacture or distribute, a
controlled substance (as defined in section
102 of the Controlled Substances Act (21
U.S.0 802)), for which a maximum term of
imprisonment a ten years or more is pre-
scribed by law and
"(B) the tarn 'violent felony' means any
crime punishable by imprisonment for a
term exceeding one year that?
"(i) has as an element the use, attempted
use, or threatened use of physical forte
against the person of another: or
"NU is burglary, arson, or extortion, in-
volves use of explosives, or otherwise in-
volves conduct that presents a serious poten-
tial risk of physical injury to another.".
&Mak J?Anthertsagen ? f Appropriation hr
Dray Law Enfereessent
SEC ism. AUTHORIZATION OF APPROPRIATIONS
(a) There is authorised to be appropriated
for fiscal year 1987 for the Department of
Atatke for the Drug Enforcement Adminis-
tration. 680.000,000; except, that notwith-
standing section 1345 of title 31, United
States Code, funds made available to the De- _
partment of Justice for the Drug Enforce-
ment Administration in any fiscal year may
be used for travel, transportation, and sub-
sistence expenses of Stat& county, and local
officers attending conferences, meetings,
and training courses at the FBI Academy,
lb) The Drug Enforcernent Administration
of the Department of Justice is hereby au-
thorised to plan, construct, renovate, main-
tain, remodel and repair buildings and purl-
chase equipment incident thereto for an All
Source Intelligence Center: "Provided, That
the existing El Paso Intelligence Center shall
remain in Texas.".
(c) There is authorised to be appropriated
for fiscal year 1987 for the Department of
Justice for the Federal Prison System.
$124,500,000, of which 696,500,000 shall be
for the construction of Federal penal and
correctional institutions and $28,006,000
'shall be for salaries and expenses.
(d) There is authorized to be appropriated
for fiscal year 1987 for the Judiciary for De-
fender 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,
45,000,000 to carry out a pilot prison capac-
ity program.
(gI There is authorized to be appropriated
for fiscal year 1987 for the Department of
Justice for support of United States prison-
ers 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 Serv-
ice, $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. Re& 738."
(k) /n addition to any other amounts that
may be authorized to be appropriated for
fiscal year 1987, the following sums are au-
thorized to be appropriated to procure
secure voice radios:
Federal Bureau of Investi-
gation $2,000,000
Secret Service $5,000,000.
(I) This section may be cited as the "Drug
Enforcement Enhancement Act of 1986".
Sabath K?Stats end Local Narcotics Central
Assistance
SSC ism snag 7777A
This subtitle may be cited as the "State
and Local Law Enforcement Assistance Act
of 1986".
SEC ism BUREAU OF JUSTICE ASSISTANCE DRUG
GRANT PROGRAMS
(a) Tale 1 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 as part N,
(2) by redesignating section 1301 as sec-
tion 1401, and
(3) by inserting after part L the following
new part:
"PART M?GRAN79 FOR DRUG LAW
ENFORCEMENT PROGRAMS
"roucrtom 01171K omicron
"Ssc. 1301. The Director shall provide
funds to eligible States and units of local
government pursuant to this part.
"DESCRIFIXON or DRUG LAW ?11701 CEMENT
GRAM! PROGRAM '
"Sec. 1302. The Director is authorized to
make grants to States, for the use of States
and units of local goobernment in the States,
for the purpose of enforcing State and local
laws that establish offenses similar to of-
fenses established in the Controlled Sub-
stances Act (21 U.S.0 801 et seq.), and to?
"(1) provide additional personnel, equip-
ment, facilities, personnel training, and sup-
plies for more widespread apprehension of
persons who violate State and local laws re-
lating to the production, possession, and
transfer of controlled substances and to pay
operating expenses (including the purchase
of evidence and information) incurred as a
result of apprehending such persons;
(2) provide additional personnel, equip-
ment, facilities (including upgraded and ad-
ditional law enforcement crime laborato-
ries), personnel training, and supplies for
more widespread prosecution of persons ac-
cused of violating such State and local laws
and to pay operating expenses in connec-
tion with such prosecution:
"(3) provide additional personnel (includ-
ing judges), equipment, personnel training,
and supplies for more widespread adjudica-
tion of cases involving persons accused of
violating such State and local laws, to pat,
' operating expenses in connection with such
adjudication, and to provide quickly tempo-
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CONGRESSIONAL RECORD? HOUSE October 17, MU
rary facilities in which to conduct adjudges-
Pons of such cans;
141 provide additional public correction-
al resources for the detention of persons con-
'Meted of violating State and local laws re-
kiting to the production NOSSLWOIL or
transfer of controlled substances, and to es-
tablish and improve treatment and rehabili-
(ative eameeting provided to drug depend-
ent persons convicted of violating State and
beat lener
"(5) conduct programs of' eradication
ahnot at destroyine laid or inlet growth of
plant speckle from which controlled sub-
stances may be attracted'
"16) pror4de programs which identify and
meet the needs of My-dependent offenders;
and
'IV conduct demousetratiow programs, in
conjunction mak kcal lam entmeement offi-
cials, in areas in which there is. a Aigh inci-
dence of duo abuse and drug trafficking to
expedite he prosecution of maid drug oP
fenders by providing additional smarm.
such. as investigators and promeutorgto
identilY major drug offendere and move
these offenders expeditiously through the Po
diciaLsystem.
"APPLICATIONS so ascots memo
"Sec. 1303. To request a grant under see-
n= 1102 the chief executive ander at a
State shall submit to the Director an appli-
cation at suck time and in such form et te the
Director may repaint Seek application shall
include?
"(2) a- statewide. sbutegy for the erifolee- ?
merit of State and local /awe mistime to She
production, possession and transfer of cow
trolled substances;
"121 a certification that Federal funds
made available under section 1302 of this
title will' tot be used to supplant State or
local funds, but will be used to increase the
amounts of such funds that would, in the
absence of Federal funds, be made available
for dr-molar enforcement activities;
"131 acestffication that funds required to
pay the non-Federal portion of Ore cost of
each program and project for which such
grant is mode shoe be in addition ic funds
that would otherreim be image available for
drug law essforeement by the recipients of
grant funds;
"IV an assurance that the State aesthete- ,
non described in (his section. and any
amendment to such application, has been
subert(ted for meter to the State legislature
or its designated body (for purposes of this
section, such applicatton or amendment
Mall be deemed to be reviewed if the State
legislature or sack body does not review
such application or amendment 'within the
60-day period beginning on the date such
application or amendment it or submitted);
and
"15/ an asearance that the State applica-
tion, and any amendment thereto was made
putitc before sulnatrzion to the Bureau and,
to. the extent provided wester Stgtelaw or es-
tabiished procedure, an opportunity to com-
ment theme war provided to citizens and
to meighborhood mrd community groups.
Such strategy shall be prepared after consul-
tation wish State and local official, whose
duty U It became. sack lam Such strategy
shall include an ornwance that following
the first fiscal year cowered' by an cyanos-
ed* and each final year thereafter; Ike ap-
pedant shalt submit Si the Director or to the
State, a the cuss may be a performance
report concerning the satin-ties carried out
pursuant to section 1393 of this title
"navesse OP AMICATIONS
"Sec 13ft lel The Duress shalt provide
financial assistance to each State applicant
under whore ISO this Stile ki carry out
the programs or projectr submitted : by rack
applleant upon determining Mat?
"CD the application or anseednient thereto
Is consistent with the requirements of this
title; and
"(2) before the approval of the application
and any amendment thereto the Bureau has
made an affirmative finding In writheg that
the roams or peetect has been reviewed in
accordance with sectidi 1303W this title.
Each appitcatton or amendment made and
submitted for approval to the Berea* pursu-
ant to swifter 1313 shall be deemed sp.
proved in Wade or in parg by the Beam
not later than *sty dale afterjerst Imaged
unless de Bureau inform: the applicant of
specificreasensfor disairtneind _
'lb? Grunt fiends awarded unser swam
1702 of this Me Malt not be. used /Or land
acquirttion or anistructfort prone* other
than penal and eorrectional institutions.
"fel The Bureau shall not finally disap-
prove any application, or any amendment
therefa submitted to the Director under this
section without first affordiny the applteant
ressonede mike and opportunity for yes
consideration
"he.toeinvi r oar ternersomer ermines
MOM PONNTILS OWNS
"Sec. raw to)' of Me total amount appro-
priated for this part in any fiscal year,. 110
per datum shalt be set astelt for section
1307 and allocated kr States are hello=
"'ter $504.00, shalt be allocated to each of
the pesticipatim Metes
"MP Of the total finer remaining aftw. the
allocation girder paragraph (1 .1; there shall
be allocated to- each State an amount which
bears the same ratio to the amount of re-
make**, finds &serest in this paragraph
as the poperlatton of such Stets bears t 0 the
population of all the States
"rbrfri Zack State Mtch receiver fends
under subsection (at in a fiscal pear shall
distribute among mills of Swat government,
or combinations of unite of load govern-
ment, in suck Stale for the purposes speci-
fied in eaction130. f ther title that portion
of suck fends whtde bearer the sem ratio to
the ampegute amount of sleek fend the
amount o f !ands amended by all units of
load government far arimined Make in the
Precediag fiscal year bears to She aggregate
amasuit of fu nd& expended by the State and
all units of Local gosensaent. in such. State
for criminal-justice in suck preasiitngfasal
year.
"(V Any funds not distributed to units of
load government under paragraph (V. Mali
be available for expenditure by the State 1n-
vetoed.
"(3/ Par purposes of determining the die-
tribunes of funds under siaragraph AV, the
most accurate and complete data available
for the fiscal year involved shall be used. I.F
data for such, fiscal year are not available,
then Me most accurate and complete data
available for the most recent fiscal year pre-
ceding suck fiscal year shall be used.
fund, allocated. to a State under
subsection /al or received by ("State for die-
tributton under Munn= 10 may be dig-
trtbuted by the Director or by the State in-
volved for any-program other than a pro-
mom contained is as approved mraliaitioa
"rei rf ate Director determine* on the
basis of faibrusatisa available 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 finds under section
2207 of this tUle, or that oStatachcis not
to participate ire Use program established
under such section, Men such, portico shall
be awarded by the Director to urban, rurat,
and suburban units of toes/ government or
combinations thereof within such, State
giving priority to those jurisdictions .with
greatest need
"hi Any funds allocated under subreetigni
(a) that are not distributed under gris see-
lion shalt be available for obligation under
seethe* 1.30, a/ this titre.
"BSPONTS
"Sea 23,42 la) Etch State which receives a
grant under section 1102 of this Ugh shall
submit to the Director; for each year in
which any part of such grant it expended by
a State or unit of Local government, a report
which contains?
"II1 a rairegare of the activities, carried
out WA suck grant and an assessment of
the impact of such activities on meeting the
made identified hr the State strategy sub-
vetted wridersecttan nee of thts ting,.;.
`(2) a summer, of the activities carried
out in such year gettft airy grant received
under section 13011 of this title by such State;
ant
'al ma* other information as the Dtreo
tor may rectairebi ruin
Such report shall be submitted in. such form
and. by such three as the Director may re-
wire by ride.
"MI Not later than ninety dims diger the
end of each. Mug year far which grants are
made under section. 33020' this title MIA
rector shall submit to the Speaker of the
Ewa r hearainitatises and the President
Pro taapore of the, Meet e a report that in-
eludes with. respect to oink Side?
'111 the segregate OSISWId of grants mode
under sections 1302 and 1309. el this title to
such Miele, Mal Mad man
"(21 Ike amount 0' suck grants emended
for each cf the pompoms specified in mhos
2302; and
"(3) a summary of the information, freovid-
ed in. eampliance with. paseenaphs /I/ and
ill of subsection Mk
"sermonises or ads= azownet
"Sam .1362. het A grant made under action
1302 of this title may not be expended for
sow gum TS per autism of Me cost of the
iderstified arm in ow aggregate Or Wadi
each. mast itreeeteed to carry out OW
SEM SlItedfiNg inaction 1= except that in
ihrt cave of Ando Mistreated to al e Indian
Mix which-peWanne law enforeement fame-
hem tax detessidered by the Secretary of the
Interior) for any such program or protect,
the amount of each grant MU be equal to
200 per centime cif such cart The now-Peder-
al portion of LW expenditures fur me* user
Mail be paid ix cask.
"Mt Net more than 10 per neutron of a
grant made under section 1302 of ther title
may be used for costs ineurred is administer
sualtmant.
"lcItle Sock State roma receiver a grunt
under seethes 3396 0' this Me Mali keep.
SIUL shell require sada of km& governesent
which moire any part of such grunt to
keep, such monis as the Director may re.
gutre by rule to faniiiiste an. Welchem drill.
"(2) The Director said the Comptroller
Gems: el the United States shad have
mason few the Purim, el audit out wand'
notion, to any books, docurnmete and
records of States which mead grants, and
W unite of Wool government which mean
any part of a grant made under mates
1392. if is Pie orbiting of the Dins:tar or the
Comptroller Cierserat. suck beam doe*
marts, and record* are related to the receipt
or use of arry suck grant.
'saws mem
"See .1.X& le The chief anseutfrre of each
participating State shall designate a State
office for purposes of-
-(1) preparing an application to Olaf*
funds under section 23620' this title; and
"121 administering funds filesissd undo
such. agates from the Director, inebiding re-
ceipt. review, processing, saanitorken
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-October 17,1986 CONGRESSIONAL RECORD ? HOUSE
Progress and financial report review, techni-
cal assistance, grant adjustments, account-
ing, auditing, and fund disbursements.
"(b) 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).
"rescarriorear cutters
"Sic. 130A The Director is authorised to
make grants to Public agencies and private
nonprofit organisations for any purpose
specified in section 1302 of this title. The Di-
rector shall have final authority over all
grants awarded under this section.
"arrucsrrom sussonmexers
"Sec. 1310. (a) No grant may be made
under section 1309 of this title unless an ap-
plication 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
"ID describes the services to be provided,
perfornuosce goals, and the manner in
tohich the program is to be carried out.
"(b) Each applicant for funds under sec-
tion 1309 of this title shall certify that its
program or project meets all the require-
ments of this section, that all the informa-
tion contained in the application is correct,
and that the applicant will comply with all _
the provisions of this tills and all other ap-
plicable Federal laws. Such certification
shall be made in a form acceptable to the Di-
rector.
"ALLOCATION or wens FOR poscamonter
WARTS
"Sec. 1311. Of the total amount appropri-
ated for this part in any fiscal year, 20 per
centum shalt be reserved and set aside for
section 1309 of this title in a special discre-
tionary fund for use by the Director in car-
rying out the purposes specified in section
1302 of this 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 applica-
tion.
"uarnurrorr ON WS OF DISORSITONART GAUNT
FUNDS
"Sec. 1312. Grant funds awarded under
section 1309 of this title shall not be used /Or
Land acquisition or construction projects.".
(b)(11 Subsections (a) and Ibl of section
401 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.0 3741)
are each amended by striking out "part Z"
and inserting in lieu thereof "parts Z and
12) Section 801(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968
(42 U.S.0 3782(b)) is amended by striking
out "parts D and 5" and inserting in lieu
thereof "parts D, 1, and AV".
(S) Section 802(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968
(42 U.S.0 3783(b)) is amended by inserting
"or alt" after "part Dt
(4) Section 808 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968
(42 U.S.0 3789) U amended by inserting "or
I301. 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.0 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:
"P.usr 11?Gnuers FOS Dew LAO
Erffoncxxxer PROGRAMS
"Sec. 1301. Function of the Director.
"Sec. 1302. Description of drug law enforce-
ment 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 discre-
tionary grants.
"Sec. 1312. Limitation on use of discretion-
ary grant funds.
"Pan? N?TRANSITION?EITICTITS DAIS?
RilPtaltit
"Sec. 1401. Continuation of rules, authori-
ties, and proceedings, t
lc) Section 1001 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3793) is amended?
(11 in subsection (a)?
(A) in paragraph (3) by striking out "and
L" and inserting in lieu thereof "4 and M",
121 by redesignating paragraph (S) as
paragraph (7), and
ICA by inserting after paragraph (S) the
following new paragraph:
"(6) There are authorised to be appropri-
ated 8230,000,000 for fiscal year 1987,
$230,000,000 for fiscal year 1988, and
8230,000,000 for fiscal year 1989, to carry
out the programs under part V of this title."
...; and
(2) is subsection lb) by striking out "and
5" and inserting in lieu thereof ". E, and
Mt
Said* L?Stady en LW Use el Lasting Panel
daillbws es Prkwas
SIC ism STVDT
(a) Within SO days of the date of enact-
ment of this Act, the Secretary of Defense
shall provide to the Attorney General?
Ill a list of ail sites under the jurisdiction
of the Department of Defense including fa-
cilities beyond the excess and surplus prop-
erty 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 saloon*,
traffickers;
(2) a statement Of fact on how such facili-
ties 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 utilised as detention facilities; the cost of
converting such facilities to detention facili-
ties; and, the cost of maintaining them as
such; and
IV in consultation with the Attorney Gen-
era/, a statement showing how the Depart-
ment of Defense and the Department of Jus-
tice would administer and provide staffing
responsibilities to convert and maintain
such detention facilities.
lb) Copies of the report and analysis re-
quired by subsection (a) shall be provided to
the Congress-
Subtitle N?Nareeties Traffickers Deportation Act
SIC MI. AMENDMENT TO 1E 111111411.4770N AND
NATIONALIST ACT
fa) Section 212(411231 of the Immigration
and Nationality Act 18 U.S.0 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 coun-
try notating to a controlled substance las de-
fined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)1".? and
(2) by striking out "any of the aforemen-
tioned drugs" and inserting in lieu thereof
"any such controlled substance".
(b) Section 241(a)(11) of such Act (8 U.S.0
12511a1(111) is amended by striking out
1111233
"any law or regulation relating to" and all
that follows through "addiction-sustaining
?Plate" 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.0 8021)".
(c) The amendments made by this subsec-
tions (a) and lb/ 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 oPlail to aliens entering the United
States after the date of the enactment of this
section
Id.) Section 287 of the Immigration and
Nationality Act (8 U.S.0 1357) is amended
by adding at the end the following new sub-
section: -
"(d) In Use- 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 an-
other officia)?
"(1) has region 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 authorised
and designated by the Attorney General of
the arrest and of facts concerning the status
of the alien. and
"(31 requests the Service to determine
promptly whether or not to issue a detainer
to detain the alien, the Officer or employee of
the Service shall promptly determine wheth-
er or not to issue such a detainer. If such a
detainer.is issued and the alien is not other-
wise 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 Attorney General,
through the investigative Division of the
Immigration and Naturalization Service,
shall provide a pilot program in 4 cities to
establish or improve the computer capabili-
ties 41 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 vio-
lation of any law relating to controlled sub-
stances. The Attorney General shall select
cities-in a manner that provides special con-
sideration 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 in-
crease the personnel level of the Investiga-
tive Division.
(2) At the end of the first year of the pilot
Program, the Attorney General shall provide
for an evaluation of the effectiveness of the
program and shall (wort to Congress on
such evaluation and on whether the pilot
program should be extended or expanded
&Wilk N?Prwmkes of l'alboustioa Act
ssc tin Wolff 1717.1.
This subtitle may be cited as the "Freedom
Of Information Reform Act of 1986".
SEC Ma Law VONNICZNENT.
(a) lassoorrow.?Section 552(b)(7) of title
5, United States Code, is amended to read at
follOWS:
"(7) records or information compiled for
law enforcement purposes, but only to the
extent that the production of such law en-
forcement records or information (A) could
reasonably be expected to interfere with en-
forcement proceedings. (B) would deprive a
Person of a right to a fair trial or an impar.
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H 11234
CONGRESSIONAL RECORD? HOUSE October 17, 1988
nal adjudication. (C) could reasonably be
expected to constitute an unwarranted inva-
sion of personal privacy, ID) could reason-
ably be expected to disclose the identity of a
confidential source, incliutine a State, local.
or foreign agency or authority or any pri-
vate institution which furnished informs-
lion on a confidential basin and. in the ease
of a record or information compiled by
criminal taw enforcement authority in the
coarse of a criminal investigation-or by an
oftener conduettng a lawful national securi-
ty trdelltgence investigation. information
furnished by a confidential source. (I)
would disclose techniques and procedures
for taw enforcement investigations or pros-
ecutions. or would disclose guidelines for
law enforcement investigations or prosecu-
dons if such disclosure could reasonably be
expected to risk circumvention of the law, or
(F) could reasonably be expected to endow
ter the life or physical safety of any individ-
eat"':
fbJ ExctrisioNs.?Section 552 of (the X
United Stales Code, is amended by redesig-
:sating subsections (c), (d). and feI as maser.
nous (d). Oe), and If) respectively, and by in-
serting after subsection lb) the Allowing
111311 subsection:
Whenever a request is mode which
invotves access to records described in sub-
section Ibil7)(At and?
'IA/ the investigation or Proceedieff in-
volves a poesible Wotan= of criminal law
and
"fil$ there is season to believe that ea the
subject of Use investigation or proceeding te
not aware of its pendency, and fin etscio-
sure of the existence of the records could rea-
sonably be expected to interfere with en-
forcement proceedinga
Use agency may. daring only suds time as
that circumstance conttnuse treat the
records as not subject to the requirements of
this section.
"IV Whenever informant records main-
tained by a criminal taw enforcement
agency under an informant's name or per'
scoot identifier are requested by a Mint
party according to the tosfOrronnet's-usese or
personal identifier, the money may beat the
records as not subject 1o the requirements of
this section unless the informant's status as
an informant has been officially coortinned.
"(V Whenever a request is made which in-
volves access to records maintained by the
Federal Bureau of investigation pertaining
to foreign intelligence or counterintelli-
gence, or international terrorism, and the
existence of the records is classified infor-
mation as provided in subsection (bill), the
Bureau may, as long as the existence of the
records remains classified information,
treat the records as not subject to the re-
quirements of this section".
SSC iset FEW AND Ins *wham
Paragraph ?4164.1 41 section SUN& 41 glUe
S. United States Code, is arisesutied to read as
follows:
"(4)(Atli) In order to carry out the provi-
sions of this section. each :upends shall pro-
mulgate regulations. pursuant to notice and
receipt of public comment,. specifying the
schedule of fees applicable to the processing
of requests under this section and estabtish-
hog procednew and guidelines for determin-
ing when such. her should be waived' or re-
duced. Such schedute MaIL conform to the
guidelines which shall be pronwileated, pur-
suant to notice and receipt of public com-
ment, by the Director of the Office of Man-
agement and Budget and which shall pro-
vide for a uniform schedule of fees for all
agencies.
'MI Such agency regadations shall Pew
vide that-
-711 fees shah' be limited to reasonable
standard charges for document search. du-
plicate:an. Meg reek= when records are re-
quested for commend sac
"(II) fees shall be limited to reasonable
standard chanter for document duplication
when records are not sought for arnunercial
use and the tamest is made by as educa-
tional or noncointrierciat scientific institu-
tive, whose purpose U scholarly or scientific
research; or a representative of the news
media; and
"(III) for any request not described in (I)
or OM fees shalt be limited to reasonable
standard charges' for document search and
duplication.
"(Hi) Docemente shah be furnished with-
011t any charge or at a charge minced
ow
the fees establietsed under done fit) if dis-
closure of the information te in tie; nbar
interest because it is likely to cantrtbute
onficanity to public understanding of the op-
land
or activities of the governmentand
is not primarily in the commercial in
of the requester.
'(ir) Pee schedules shall provide for the se-
covery of only the.direet costs of seerch. du-
plication. or review. Review cons shall in-
chide only the direct costs incurred during
the initial trallallaiLta, of a document far
the purposes of determining whether Me
documents must be disclosed under this sec-
tion and for the purposes of withhotittng
any portions exempt from diseksore under
this Hann. Review costs may not include
any costs incurred in Iwo/vine Issues sif law
or policy that may be retied in the course of
processing a request under this sectio
fee
Mr
fee may be charged by any agency under this
If Use the costs of routine correction and
processing f Die fee are likely to *qua/ or
exceed the amount of the fee: or
'WI) for any request described ist clause
(K)M or (III) o f this =nomograph for the
first two hours of seardi IMII4 or few the find
one hundred pages of duplieation.
"ivi no wrong may regain adttifide
swat of anyfee unless the requeeter ham pre-
viously failed to pay fees in a timety in,. or or the owner has determinat that the
fee will enseed$256%
"NU Plathing in gin subparagraph shall
sapeseeds fees chargeable under a statute
spartaeany providing for MUMg tbs bug Of
fees far particular types of neer&
"WU in any action by a "equates regard-
frig the waver 41 far under this section, the
court shall determine the matter de nova.
Provided That the court: review of the
matter shalt be limited to Me record before
the amens
WC ism 177scires DAYS&
(a) The amendments made by sectOns ISIM
shall be Werner on the date of enactment of
this Act. and apply wigs respect to- any
requests for records, whether or not the ow
quest was made prior to suds data and 'boa
apply to any cid/ action pending on- suck
date
MUD The amendments made by section
1803 shalt beef/mate ISO dogs after the date
of enactment of this Act, except that, 411111??
horn to implement sack ealinutinente akall
be prontidegist lopsuch *10th.
(2.) The miseirdweents mein by sectieei SSW
shalt apply with raped to any semen, for
records; whether or sot- dee vermin was
made prior -to such date and skatt apply to
any clad action pemitini on aide date,
except that rages- chasms apple:able to
records reiniatai for commode use shalt
not be applied by en wenn to efigneeie
made before the effective dole specified in
paragraph it/ of adepeettosi or before
the egfakei bet Allair twat tie regultsitorsa
SeMite O?Prehliitien ere the Irrarrestr Sek end
Treesportatien of Dry Panellises&
EEC rat. moat Mt.
Thio subtitle seal be cited as Use "Mail
Order Drug Paraphernalia Control Act".
SEC ins mow=
(a) It is siniougidfor ant toersuo?
(t) to make we of the services of the Pedal
Servile or ether Interstate conveyance as
part W a scheme to sell drug paraphernalia:
MA to offer for sate and transportation in
Interstate or foreign commerce drag para-
phernalia; or
(3) to import or export drug parapherna-
Obi Anyone convicted f an offense under
suteedion lel of Ude section Matt be impris-
oned for not more than three years and
fined not more gran $104000.
Fe/ Melf drug paraphernatia involved in
any violation of subsection (a) of this sec-
tion shall be :abject to seizure and forfeiture
upon the conviction of a person for Such
violation. Any such paraphernalia shah be .
delivered to the Administrator of General
Services, General Services Administration.
who may order such paraphernalia de-
stroyed or may authorise Us use for law en-
forcement or educational purposes by Feder-
at State, orb:rod ankootria.
(di The term 'drug parayhentalia" means
any equipment, ~ma or wiateriai of any
kind which is primarily intended or de-
signed for use in manufacturing. compound-
ing Onevertheg concealing, producing,
processing, preparing infecting, ingesting,
inhating or otherwise introducing into the
human body a controlled substance in viola-
tion of She Controlled Substances Act (title
IT of !ebbe Igoe *1-5131.1t includes items
primarily intended or designed for use in in-
gesting inhaling or otherwise introducing
nurrifuenea, awning hashtdt, hashish oi4
PCP, or emphirtanitnes into Me human
bodyy, such as?
(t) aortal, modal, acrylic, glass, stone,
Plastic, or ceramic pipes with or without
seem p.., ,-....J screen hashish heads,
or punctured metal bowls; ?
waterphoest
GP carbons:haw tubes and devices;
(41 smoking and carburetion masks;
(SI roach dim -meaning dents used to
hold burning seatertal. suck as a ireargniesio
cigarette, that has become too small or too
short to be held in The has
AV miniature spoons with level copartner
of one-tenth. cubic centimeter or leer
dunieber pipes:
flif carburetor pipes;
deetrie pliant -
(10) air-driven Ares:
elithsantr
(I2) bows;
Ill! lee OM erratliers,-
(14) wired cigarette papers: or
(1s) cocaine/meanie hi&
fig In determining whether an item consti-
tutes drug paraphernalia, in adagios. to ett
other logically relevant factors, the follow-
ing may be coneddend;
a Instructions, Drat or written, prodded
with the item coacessispits usa
(2) descriptive materials accompanying
the item which explain or depict Its
(3) national and teed misierideing con-
cerning Us use;
(4) the manner IS which the item is dis-
played for talc
(5) whether the owner; or anyone in con-
trol of the item is a legitbrutts supplier of
like or related none to the community, suck
as a renamed distrtnebn or dealer of tobacco
products;
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CONGRESSIONAL RECORD ? HOUSE H 11235
(8) 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.
If) This subtitle shall not apply to?
Ill any person authorised 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.
SIC nu SPFSC77YS DAM
This subtitle shall become effective 80 days
after the date of enactment of this Act.
&Wilk P?Heausforturing Operatkas
ssc non. MANUFACTURING OPERATION,
(a) Part D of the Controlled Substances
Act is amended by adding at the end thereof
the following new section:
"ZSTASLISHMINT OP MAGIZITACTURING
?MUTTONS
"Sze 418. (a) Except as authorised by this
title, it shall be unlawful to?
"(I) knowingly open or maintain any
place for the purpose of manufacturing, dis-
trtbuting, or using any controlled substance:
"121 manage or control any building,
room, or enclosure, either as an ownen
lessee, agent. employee, or mortgagee, and
knowingly and intentionally rent. lease, or
make available for use. with 'or without
compensation, the-building, room, or end.
sure for the purpose of unlawfully manufac-
turing, storing, distributing, or using a aaa?
trolled 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 ore fine of not more than ,t500,000, or
both, or a fine of i2,000,000 for a person
other than an individuaL ".
lb) Section 4054 of the Controlled Sub-
stances Act is amended?
(1) in subsection (a) by inserting after
"section 401 (a) (1)" the following: "or section
411"; and
(2) in subsection (b1 by inserting after
"section 4011a)(11" the following: "or section
4.1It
&Mirk Qm?C?Iftrakfl Soistsseces Technical
Amenizoons
sse IN& Do77115 OF DIRECTOR OP ADMINISISATIVE
OMITS AND AUTIORMATIONS
&mar Trrr.s.?This section may he
cited as the "Drug and Alcohol Dependent
Offenders Treatment Act of 1988".
(b) Priemutstrr Arstanmer RELATING so
Dorms or Dinscroa or ADMINISTRAITIN
Ormcg?(11 The section of title 12. United
States Code, that is redesignated section
3872 by section 212(a) of the Comprehensive
Crime Control Act of 1954 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 3 of the Public Health
Service Act 142 -U.S.0 2011. This authority
shall include the authority to provide equip-
ment and supplies: testing: medical, educa-
tional, eocial, psychological, and vocational
services: corrective and preventive guidance
and training; and other rehabilitative serv-
ices designed to protect the public and bene-
fit the alcohol dependent person, addict, or
drug dependent person by eliminating his
dependance on alcohol or addicting drugs,
or by controlling his dependence and his
susceptibility to addiction. He may negoti-
ate and award such contracts without
regard to section 3709 of the Revised Stat-
utes (41 U.S.0 Si.
He shall pay for presentence studies and
reports by qualified consultants and presets-
tenet examinations and reports by psychiat-
ric or psychological examiners ordered by
the court under subsection (b) or lc) of sec-
tion 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.
(e) INTszerx Anstauever RELATING so Dorms
or Dilemma or Assamoriartirs Onacz.?The
second paragraph of section4255 of title 18.
United States Cod*, is amended to read as
foiknos:
"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 ? of
the Public Health Service Act 142 U.S.0
201). Such authority includes the authority
to provide equipment and supplies: testing:
medical, educational, social, psychological,
and vocational **Totem' corrective and pre-
ventive guidance and training; and other re-
habilitative services designed to Protect the
public and benefit the alcohol dependent
person, addict. or drug dependent person by
eliminating that parson's or addict's de-
pendence on alcohol or addicting drugs, or
by controlling that person's or addict's de-
pendence 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.0 5).".
(d) RUCTINONLATION or CONTRACT WM-
rcss?Section 4141 of the Contract Services
for Drug Dependent Federal Offenders Act of
1978 is amended?
(I) by striking out "and i2.000,000" and
inserting "84500,000" in lieu thereat and
(2) by striking out the two periods at the
end and inserting in lieu thereof "'
V2.000,000 for the fiscal year ending Sep:
amber 30. 1987; 315804008 ler the neva
year ending September JO, 1988; and
$19,090,091 for Use fiscal year ending Sep-
tember 35 1985".
SSC ANIL AMENDMENT TO SECTION IN OF THE
TAIIIPP ACT.
la/ Section 008 of this Tariff Act of 1930 119
U.S.C. 16081 is amended by striking out
"i2.500" and inserting in lieu them,
"i5.000".
MI Section 808 of such Act, as enacted by
Public Law 98-473, is reflealed-
SIC MIL AMENDMINTS TO SIMON GI OF MI
TANN ACT.
(a) Subsection (c) of section 618 of the
Tariff Act of 1930 119 U.S.0 1110a1c11 as en-
acted by Public Law 98-573 is amended by
inserting "any other Federal agency or to'
after "property forfeited under this Act to".
(b) Section 816 of such-Act, as enacted by
Public Lau 00-472. is repealed.
SRC IISL CRON ItSWISINICICONINTIONS
Section 413 of the Controlled Substances
Act (21 U.S.0 853) is amended-
-IV in subsection lc/ and in the second sub-
section Oil, by striking out "subsection lor
and inserting "subsection fur in lieu there-
of:
121 in subsection (f) by striking out "sub-
section (f)" and inserting "subsection le)" in
lieu thereof:
(3) in subsection (DIU by striking' out
"this chapter" and inserting "this title" in
lieu thereat and
14/ by redesignating the second subsection
(h) as subsection (le).
SEC ISSL WARRANTS RELATING 70 WM=
Subsection (b1 of section 511 of the Com-
prehensive Drug Abuse Prevention and Con-
trol Act of 1970 121 U.S.0 211(b)) is amend-
ed-
111 by striking out "or criminal" after
"Any property subject to civil";
(2) in paragraph AIL by striking out "or
criminal" after "is subject to civil"; and
IV by adding the following at the end
thereat
"The Government may request the issu-
ance of a warrant authorising the seizure of
property subject to forfeiture under this sec-
tion in the same manner as provided for a
search warrant under the Federal Rules of
Criminal Procedure.".
(b) Subsection fit of section 511 of the
Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.0 881(i)) is
amended by inserting ", or a violation of
Stake or local law that could have been
charged under this title or title III," after
"title III".
SSC owe NINON TECHNICAL AMENDMENTS
(a) Section 403(a)(2) of the Controlled
Substances Act (21 U.S.C. 843(a)(2)) is
amended by striking out the period at the
end and inserting a semicolon in lieu there-
of.
lb) Section 40541b1 of the Controlled Sub-
stances .Act (21 U.S.0 345a(b1) is amended
by striking out "special term" and inserting
"term of supervised release" in lieu thereof.
le) Section 4054(c) of the Controlled Sub-
stances Act (21 U.S.0 845a(c)) is amended
by striking out "section 4202" and inserting
"chapter 311"in lien thereof.
(d) Section 1001(e) of the Controlled Sub-
stances Import and Export Act (21 U.S.C.
951(e)) is amended by striking out "section"
the first place it appears and inserting "sec-
tions" in lieu thereof.
fel Section 10101b1131 of the Controlled
Substances Import and Export Act 121
U.S.0 980110131) is amended by striking out
", except as provided in paragraph (4)".
If) The table of contents for the Compre-
hensive Drug Abuse Prevention and Control
Act of 1970 is amended?
(1) by inserting after the item relating to
section 405 the following:
"Sec. 4054. Manufacture or distribution in
or near schools
"4053. Employment of minors in controlled
substance trafficking.";
and
121 by inserting after the item relating to
section 414 the following:
"Sec. 415 Alternative fine".
SIC ISIS MODIFICATION OF COCAINE DEPLYMON
FOR PURPOSES OF SCHEDULE IL
Subsection (a)(4) of schedule II of section
202(c) the Controlled Substances Act (21
U.S.0 812) is amended to read as follows:
"(4) Coca loaves (except coca leaves and
extracts of coca leaves from which cocaine.
*agonise, and derivatives of ecgonine or
their sake 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 iso-
mers".
SEC IN& AMNON?? OF AMORNITY GENERAL TO
ENTER INTO CON771ACTS WITH STATE
? AND LOCAL LAW INFORCEMENT AGEN-
CIES
Section 5031a1 of the Controlled Sub-
stances Act (21 U.S.C. 873(a)) is amended?
Ill by striking out "and" at the end of
paragraph at;
121 by striking out the period at the end of
paragraph (61 and inserting in lieu thereof
'rand': and
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H 11236 CONGRESSIONAL RECORD ? HOUSE October 17, 1986
(3) by adding at the end thereof the follow- SEC MIL ESTABLISHMILvT OF THE CoNFratENcE. Transportation, and the Director of
ing: . There is established a conference to be ACTION; -
17) notwithstanding any other provision known as "The White House Conference for (2) provide for the involvement in the
of law, enter into contractual agreements a Drug Free America". The members of the Conference of other appropriate public ?fit-
with State and local law enforcement agen- Conference shall be appointed by the Prat- dais, including Members of Congress, GM,'
cies to provide for cooperative enforcement dent. ernors of States, and Mayors of Cities; ?
and regulatory activities under this title.". ' sic ,us. Rams. (3) provide for the involvement in the
SEC. Ma AUTHORITY OF ATTORNEY GENERAL TO The purposes of the Conference are? Conference of private entities, especially
DEPUTIZE STATE AND LOCAL LAW EN- (1) to share information- and experiences parents' organisations, which have been
FORCEME.NT OFFICERS FoR CON- in order to vigorously and directly attack active in the fight against drug abuse; and
TROLLED SUBSTANCES ENFoRCEVENT. drug abuse at all levels, local, State. Federal, (4) provide for the involvement in the
Section 508 of the Controlled Substances and international; ? Conference of individuals distinguished in
Act 121 U.S.C. 878) is amended? - (2) to bring public attention to those. ap- medicine, law, drug abuse treatment and
(1) by inserting "(a)" before "Any officer proaches to drug abuse education and pre- prevention, PrimarY, secondary, and Post-
or employee . ....Hon which have been successful in curb- secondary education, and law enforcement.
(2) by inserting after "Drug Enforcement -Mg drug abuse and those nsethods of treat-
Administration" the following: "or (with re- meat which have enabled drug abuse,* to
spect to offenses under this title or title III) become drug free; -
any State or local law enforcement officer"; .(3) to highlight the dimensions of the drug
(3) by adding at the end thereof the follow ialtliZalerialLing Witrh such crisis. assist made
(3)
tng new subsection formulating a national strategy to thwart
-(b) State and local law enforcement obi- sale and solicitation of illicit drugs and to
Cent Performing functions under this section to
and treat drug abuse; and
shall not be deemed Federal employees and (4) to examine the menu,/ role of gamma
shall gntoot Fbeedseralubjet: ptowypees.rovieslocreuptofthalatwsurz-, caandusferoudynymenabusebeee ainndprevinesiiiiccessitating the treat
officers shall be subject to section 3374(c) of g efforts.
,
title 5, United States Code.", sic nu. MISPONSISILIITES OF THE CONFERENCE.
SRC isre CLARIFICATION OF ISOMER DEFINITION.
The Conference shall specifically review?
The second and third sentences of section a) the effectiveness of /am enforcement at
102(14) of the Controlled Substances Act (21 the ieee,. siege, end Federal levels ic peewit
U.S.0 802(14)) are each amended by strik- the sale and solicitation of iliicit drugs and
ing out "the" after "the term Ismer' the need to provide greater coordination
means" and inserting in lieu thereof "any". - among such Programs:
Subtitle R?Preesreer and Eseential Chemins: - (2) the impact of drug abuse upon- Ameri-
Revise can education, examining in particular?
SEC Mr. PRECURSOR AND ESSENTIAL CHEMICAL (A) the effectiveness of drug education pro-
/WM/1K grams in our schools with particular atten-
(a) Srunr AND Rxeoar.?The Attorney Gen- tion to those schools, both public and Pri-
eml shall?vats, which have maintained a drug free
(1) conduct a study of the need for Willa- learning environment;
tion, reputation, or alternative methods to OD the role of colleges and universities in
control the diversion of legitimate precursor discouraging the illegal use of drugs by sits-
and essential chemicals to the illegal pro- dent-athletes; and
duction of drugs of abuse; and (C). the relationship between drug abuse by
(2) report all findings of such study to student-athletes and college athletic policies,
Congress not later than the end of the 90th including eligibility and academic require-
day after the date Of eruidtment of.-this sub- meats, recruiting poiicies, athletic depart-
title. ment financing policies, the establishment
(b) CONSIDSRATIONS.?In conducting such of separate campus facilities for athletes,
study the Attorney General shall take into and the demands' of practice and lengthy
(1) clandestine manufacture continues to (3) the extent to which Federal, State., and reetnn___71?.tdattatts 'at the Cmsfermtee as twit
- consideration that? - playing seasons;
be a major source of narcotic and dangerous local programs of drug abuse education. Pre- ae_. proposals for atnallachlegtetattnemendatianti";menee.
drugs on the illegal drug market; vention, and treatment require reorganise- "-rig, ? ????m---- president
(2) these drugs are produced using a vane- tion or reform in order to better use avail- fb) P?1?Ww-uP AceetNe&?The
ty of chemicals which are found in commer- able resources and to ensure greater "Kiwi. shall report to the Congress annually,
cial channels and which are diverted to ilk- nation among- such programs; ? during the 3-year period following the sub-
(3) steps have been taken t o deny drug control international and domestic traffick- ea the status and implementation of
traffickers access to key precursor chemi- big of Mica drugs; findings and recommendations of the Can-
cels, including that? (5) the extent to which the sanctions in felOtCe?
(A) P2P, a precursor chemical used in the section 481 of the Foreign Assistance Act of Seic tau All7710RIZATfOti
production of amphetamines and metham- 1981 (22 U.S.C. 2291) have been, or should' There are hereby authorised to be appro-
phetamines was administratively controlled be, used in encouraging foreign states to priated 82,000,000 for fiscal year 1988 for
in schedule II of the Controlled Substances comply With their international responsibil- purposes of this subtitle.
SSC ADMINISTRATIVE PROWSIONS.
(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.
(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 Ulla 5, United States Code, governing en-
v:ointments in the competitive service, and
without regard to the provisions of chapter
51 and subchapter!!! of chapter 52 of such
title relating to classification and General
Schedule pay rates.
(c) Upon request by the executive director,
the heads of the executive and military de-
partments are authorised to detail employ-
ees to work with the executive director in
planning and administering 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 ex-
penses from amounts appropriated to carry
out this subtitle.
Sec mit FINAL REPORT AND FOLLOW-UP ACTION&
(a) RZPORT.?No later than sir
months after the effective dote of this Act.
theConference shall prepare and transmit a
final report to the President and to Con-
gress, pursuant to sections 1933 and 1934.
The report shall include the finding, and
gal uses: (4) the impact of current laws cm efforts to mission of the ?rival? report of the Conference,
by the Drug Enforcement Administration.' Wes respecting al:mitt/1"nd substances; and Seek& L?Csannen Carrier ?wallow Under the
(B) a variety of controls-were placed on pi- (6) the circumstances contributing to the
peridine. the precursor for phencyclidine, by initiation of illicit drug wage, toith particu-
Inhume Akehel er Dress
the Psychotropic Substance Act of 1978; and tar emphasis an the onset of dm use by 5SC int. WEN=
(C) the Drug Enforcement Administration youth, (a) Part I of title 18, United States Code, is
amended by inserting after chapter 17, the
has maintained a voluntary system in coop- SEC HOS. CONFERENCE PARTICIPANTS
following:d:
eration with chemical industry to report In order to carry out the purposes and re-
ssenuspiticaciocre:gincrnaish=ad of precursors and es- sPonsibilities specified in sections 1933 and "CHAPTER 17A?COMMON CARRIER 0P
1554, the Conference Mall br ing together in- ERATION UNDER THE INFLUENCE OF
(4) despite the formal and voluntary sys- eticideeis =teemed with issues mating to ALCOHOL OR DRUGS
tents that currently erist, clandestine Pro- drug abuse educatiou. prevention, and treat- "Sec.
duction of synthetic narcotics and danger- ment. and the production. trafficking. and "
341. Definitions.
ous drugs continue to contribute to drug distribution of illicit drugs. The President "342. Operation of a common carrier
trafficking and abuse problems in the shell? under the influence of alcohol or
United States. (1) ensure the active participation in the dram
Saki& S?While Huse Conference for ? Drug Conference of the heads of appropriate exec- -343. presumptions.
Ave America utive and military departments, and agen- ?...,. m.,_
SEC. 1,11. SNORT TITLE Cies, including the Attorney General, the -7 "I. enaitimg
This subtitle may be cited as the "White Secretary of Education, the Secretary of "As used in this chapter, the term
House Conference for a Drug Free AnleriCa". Health and Human Services, Secretary of 'common carrier' means a rail carrier. a
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October 17, 1988 CONGRESSIONAL RECORD ? HOUSE
steeping car carriez a bus transporting pas-
sengers in interstate commerce, a water
common carrier, and an air common cant-
er.
"Mg Operation el e ormonsa eerier wider the
inAssnat of Menial se drip
"Whoever operates or directs the operation
of a common carrier while under the influ-
ence of alcohol or drugs, shall be imprisoned
not more than five years or fined not more
than 810,000, or both.
Plisamptism
"For purposes of this chapter--
"111 an individual with a blood alcohol
content 01 .10 or more shall be conclusively
presumed to be under the influence of alto-
hot and
"IV 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".
MI The table of chapters for part I of title
it, United States Code, is amended by
adding after the item for chapter 17 the fol-
lowing:
"17A. Common Carrier Operation Under
the Influence of Alcohol or Drugs
Subtitle U.?Federal Drug Law Enforcement
Agent Protection Act of 1986
SEC UAL SW MI&
This subtitle may be cited as the "Federal
Drug Law Enforcement Agent Protection
Act of 1986".
SEC ISM ANENONINT IV TEE CON72041.110 SEW
STAMM ACE
Subsection of section 511 of the Con-
trolled Substances Act 121 U.S.0 881101 is
amended by? '
III inserting after "fee the foilowing:
(2) redistricting paragraphs (11. I21,
and tgi as subliaragraphs (A), 1BI. 1C1, and
(DI, respectively and
13) striking out the matter of following
subparagraph (DI. as redesignated, and in-
serting in lieu thereof the following:
"(2)1A) The proceeds from any sale under
subparagraph 1B1 of paragraph (11 and any
moneys forfeited under this title shalt be
used to Pail?
"al all property expenses of the proceed-
ings for forfeiture and sage including ex-
penses of seizure, maintenance of custody,
advertising and court costs; and
"HU awards of up to $/00,000 to any Judi-
virtual who provides original information
whit* leads to the arrest and conviction of a
person who kills or kidnaps a Federal drug
taw enforcement agent.
Any award paid for information concerning
the killing or kidnapping of a Federal drug
law enforcement agent, as provided in
clause (iii, shall be paid at the discretion of
the Attorney General.
"1.81 The Attorney General shall forward
to the Treasurer of the United States for de-
posit in accordance with section 524(c) of
title 2 8 United States Code, any amonnts of
such moneys and proceeds remaining after
payment of the expenses provided in sub-
paragraph IAA".
Strike out title II of the House amendment
and insert in lieu thereof the following:
77TLI II?INTERNATIONAL NARCOTICS
CONTROL
SIC MI. SNOW TIT=
This title may be cited as the "Interna-
tional Narcotics Control Act of lust
SIC an 40mm:um. PENDING 101 INTNINATION-
AL NARCOTICS CONTROL ASSISTANCE
AND ISSVIONAL COOPERA1101
Section 4S2IaIll) of the Foreign Assistance
Act of 1961 122 U.S.0 2291a1a110; authorie.
trig appropriations for assistance for inter-
national narcotics control/ is amended?
II/ by striking out "157,529,000 for the
fiscal year 1987" and inserting in lieu there-
of W75,445,000 for the fiscal year 1987'7 and
121 by adding at the end the following: "fn
addition to the amounts authorised by the
preceding sentence, there are authorised to
be appropriated to the President 845.000.000
for the fiscal year 1987 to carry out the pur-
poses of section 481, except that funds may
be appropriated purulent to this additional
authorisation only if the President has sub-
mitted 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 promot-
ed b y the me of those fund& Of the funds au-
thorised to be appropriated by the preceding
sentence, not has than $10,000,000 shall be
available only to provide helicopters or
other aircraft to countries receiving assist-
ance for fiscal year 1987 under this chapter.
These funds shall be used primarily for air-
craft which will be based in Latin America
for use for narcotics control eradication and
interdiction effenis throughout the region
These aircraft shall be used solely for narcot-
ics control, eradication, and interdiction ef-
forts and Mali be imitable primarily for use
in Latin America.
SSC Ma 40ititser PROVIDSD TO PORItlaN COVIa
IONS FOR NARCOTICS CONTROL NM
POWs 1177117701 OF 17111 AND
ASC0111110, tag
Chapter 8 of part I of the Foreign Assist-
ance Act of 1961 (25 U.S.0 2291 et seq.; ro-
Wing to the international narcotics control
assistance Program) is amended by adding
at the end the following new sections:
'MC as. anstenott OITITLIt 70ARIGISIT:
"Any aircraft which, at any time after the
enactment of this section, am made avail-
able to a ftorsign country under this chantey;
or are made available to a !mien country
primarily for narcotics-related purposes
under any other provision of lam shall be
provided only on a lease or loan basin
-sac a a itecolute OP AIRMAN* VW
"MI REQVIsimENT TO Mumma, REC011os.?
Mt Secretary of State shalt maintain de-
tailed records on the use of any aircraft
made available to a foreign country under
this chapter, including aircraft made avail-
able before the enactment of this section.
CONOWIONAL Access so RECOAD11.?
The Secretary of State shall make the
records maintained pursuant to subsection
fat available to the Congress upon a request
of the Chairman of the Committee on lop
ohm Agliirs of the House of Representatives
or the Chairman of the Committee on 'cm-
sign Relations of the Senate.
SSC tem MOT AND AMMO'? DAMMAM:
TRAININa FOR NARCOTICS CONTROL
ACT11711111
(a) 11Asiusavio 05 Amis.?Not use than
SZO00.000 of the funds made available for
fiscal year 1987 to carry out chapter 5 of
Part 1101 the Foreign Assistance Act of 1911
122 U.S.0 5347 St seq.; Mating to interna-
tional military education and training/
Malt be available only for education and
training is the operation and maintenance
of aircraft used in narcotics control inter-'
diction and eradication efjerta
(bI Rstartommo ro bermussmortsz Me-
ow= Comsat Asetsreme PROOILUL?As-
Mame* under this section shall be coordi-
nated with assistance provided under chap-
ter 8 of part I of the Act 122 U.S.0 2291 et
seq.: relating to international narcotics con-
trol/.
lc) Wurne or Simms 660.?Assistance
may be provided pursuant to this section
notwithstanding the prohibition contained
in section 610 of the Foreign Assistance Act
1111237
of 1961 (22 U.S.0 2420; relating to police
training,.
SIC MS. RSSTRICT7ONS OF TIN PROVISION OP
COM STATES ASSISTANCE
fa/ Rzermcnons.?Section 481(h) of the
Foreign Assistance Act of 1961 is amended
to read as follows:
"IhIG1 Subject to paragraph (2). for every
major illicit drug reducing country or
major drug-transit country?
"141-50 percent of United States assistance
allocated for such country notified to Con-
gress in the report required under section
6521a1 of this Act shall be withheld from ob-
ligation and expenditure; and
"MI on or after March 1, 1987, and on
March 1 of each succeeding year. the Secre-
tary of the Treasury shall instruct the
United States Executive Director of the
International Bang'for Reconstruction and
Development, the United States Executive
Director of the International Development
Association. the United States Executive Di-
rector of the Inter-American Development
Bank, and the United States Executive Di-
rector 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.
"(VIA) The assistance withheld by para-
graph (1)(4) may be obligated and expended
and the provisions of paragraph 111(8) shall
not apply if the President determines, and
so certifies to the Congress, at the time of
the submission of the report required by sub-
section let, that?
"IV during the previous year the country
has cooperated fully with the United States.
- or has taken adequate steps on its own, in
preventing nareotteand psychotropic drugs
and other controlled reactances produced or
procesSed, in whole or in part, in such coun-
try or transported through such country.
from being sold illegally within the jurisdic-
tion of such country to United States Gov-
ernment personnel or their dependents or
from being transported, directly or indirect-
ly, into the United States and in preventing
and punishing the laundering in that coun-
try Of drug-related profits or drug-related
monies; or
"Hi/ for a country that would not other-
wise qualify for certification under sub-
classes li/, the vital national interests of the
United States require the provision of such
assistance, or
"1BJ If the President makes a certification
pursuant to clause 1.4111iI, he shalt include
in such certification?
'ft/ 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 111 against the risks posed to
the vital national interests of the United
States by the failure of such country to coop-
mute fully with-the United States in combat-
ting narcotics or to take adequate steps to
combat narcotics on its own.
"13I In making the certification required
by paragraph 121 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 le1(4). The President shall also
consider whether such government?
"f.4) has taken the legal and law enforce-
ment measures to enforce in its territory, to
the maximum extent possible, the elimina-
tion of Illicit cultivation and the suppres-
sion of illicit manufacture of and traffic in
narcotic and psychotropic drugs and other
controlled substances, as evidenced by sei-
zures of such drugs and substances and of 11.
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H 11238 CONGRESSIONAL RECORD ? HOUSE October 17, 1986
licit laboratories and the arrest and pros- sac use psystorsiStir OF lisaisicioss FOR
ecution of violators involved in the traffic ASRIAL COCA ABLIDICATION.
in such drugs and substances significantly The Secretary of State shall use not less
affecting the United States; and . than $1,000,000 of the funds made available
"(B) has taken the legal and law enforce- for fiscal year 1987 to carry out chapter 801
ment steps necessary to eliminate, to the part I of the Foreign Assistance Act of 1961
maximum extent possible, the laundering in (22 U 2291 et seq.; relating to interna-
that country of drug-related profits .or drug-
related monies, as evidence by?
"(ii the enactment and enforcement of
laws prohibiting such conduct, and
"(It) the willingness of such government to
enter into mutual legal assistance agree-
ments with the United States governing (but
not-limited to) money laindering, and
"Mil the degree to which such government
otherwise 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)
tithe Congress enacts, within 30 days of
continuous session after receipt of a certifi-
cation under paragraph (2), joint resolition
disapproving the determination of the Presi-
dent contained in such certification.
"(13)(i) Any such joint resolution shall be
considered in the Senate in accordance with
the provisions of section 601(b) of the Inter-
national Security Assistance and Arms
Export Control Act of 1971.
"(ti) For the purpose of expediting the con-
sideration and enactment of joint resolution
under this subsection, a motion to Proceed
to the consideration of any such joint reso-
lution after it has been reported by the ap-
propriate committee shall be treated a
highly privileged in the House of Represent-
ative&
"(5) Any country for which the President
has not made a certification under- para-
graph IV or with respect to which the Con-
gress has enacted a joint resolution disap-
proving such certification may not receive
United States assistance as defined by sub- "(D) A discussion of the extent to which
section (i)(4) of this section or the financing such cousin. has cooperated with .the
described in paragraph W(B) of this gases' United States narcotics control efforts
tion unless? through the extradition or prosecution Of
"(A) the President makes a certifieation drug traffickers, and, where appropriate, a
under paragraph (2) and the Congress does description of the status of negotiations
not enact a joint resolution of disapproval; with such country to negotiate a new or up-
Or dated extradition treaty relating to =root-
"(B) the President submits at any other ks offenses...
time a certification ? of the matters described See 2Na FOREIGN POLICE AMMO* ACTIONS.
In paragraph (2) with respect to such coun-
try and the Congress enacts, in accordance Section .481(c) of the Foreign ateiskenee
with the procedures of paragraph (4), joint Act of 1981 (22 U.S.0 2291(c); commonly
resolution approving ruch certification.". known as the Mansfield amendment) is
tb) Rzroarmo Dam?Section 481(e) of amended read al fawn:
tional narcotics control) to finance research
on and the development and Muting of safe
and effective herbicides for use in the aerial
eradication of coca.
SEC net REVIEW OP SPIPECTIVSNISS OP INITANA-
. TIONAL NAIWOVIC$ CONTROL ASSIST.
ANCS PROGRAM
(a) RSQUIREMZNT roe 111777047701.?The
Comptroller General shall conduct a thor-
ough and complete investigation to deter-
mine the effectiveness of the assistance pro-
vided pursuant to chapter 8 of Part I of the
Foreign Assistance Act of 1961 (22 U.S.0
2291 et seq.; relating to international nar-
cotics control).
(13) Reroars To Comma.? .
(1) Psni0Dic Tamara?The Comptroller
General shall report to the Congress Periodi-
cally as the various portions of the investi-
gation conducted pursuant to subsection (a)
are completed.
(2) FINAL WORT.?Not later than March 1,
1988, the Comptroller General shall submit a
final report to the Congress on the results of
the investigation. MU report shall include
such recommendations for administrative
or legislative action as the Comptroller Gen-
eral finds appropriate based on the investi-
gation.
SEC sees. ar7IIAIMI7oPi 11 571 1111TED STATES
FOR NalanICSarLAWID OPPENSES.
Section 481(e)(3) of the Foreign Assistance
Act of 1961 (22 U.S.0 2291(e)(3); relating to
the annual international narcotics control
' report) is amended by inserting after sub-
paragraph (C) the following new subpara-
Ph:
such Act is atnended by striking out "Febru- ? (c)(1) No officer or employee of the
cry" end gasoline fa lieu thereof ?sfarch,. United States Inas directly effect an arrest
(e) DsrmaTioN.?Section 411(i) of such Act in any foreign country as Part of any for-
ts amended? eign police action with respect to narcotics
"(1) by striking out "and" at the end of control efforts, notwithstanding any other
paragraph (3); Ploo5550n of law. This paragraph does not
"(2) by striking out the period at the end Prohibit an officer or employee from assist.
of paragraph (4) and inserting in lieu there- int, foreign Officers who are effecting an
of "; and"; and arrest.
"(3) by adding at the end thereof the fel- "(2) Unless the Secretary of State, in con-
lowing new paragrap/r? - sunation with the Attorney General, has de-
"(5) the term 'major drug-transit country' termined that the application of this pare-
means a country? graph with respect
"(A) that is a significant direct source of would be harmful to the national interests
illicit narcotic or psychotropic drugs or of the United States, no Officer Or employee
other controlled substances significantly of. of the United States may engage or partici-
fecting the United States; pate in any direct police arrest action in a
"(B) through which are transported such foreign country with respect to, narcotics
drugs or substances; or control efforts, notwithstanding any other
"(C) through which significant sums of provision of law. Nothing in paragraph (1)
drug-related profits or monies are laundered shall be construed to allow Untied States of-
with the knowledge or complicity of the gov- fleets or employees to engage or participate
ernment.". in activities prohibited by this paragraph in
(d) CiaLD SURVIVAL Futax?Section a country with respect to which this pars-
481(i)(4) of such Act is amended by striking graph applies.
out "or (vi)" and inserting in lieu thereof "(3) Paragraphs (I) and (2) do not prohib-
"(ot) assistance from the Child Survival it an officer or employee from taking direct
Fund under section 1049(c)(2) of this Act, or action to protect life or safety if exigent cir-
cumstances arise which are unanticipated
and which pose an immediate 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 coun-
try, paragraphs (1) and (21 shall not apply
with respect to maritime law enforcement
operations 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 mem
"(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 NIL ISSUANCE OP DIPLOMATIC PASSPORTS
FOR DRUG ENFORCEMENT ADMINIS-
TRATION AGENTS ABROAD -
Nit/
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 Enforce-
ment Administration who are assigned
abroad. The Secretary shall report to the
Congress before making any change in this
Policy.
SIC SW. INFORMATION-SNARING SO THAT VISAS
ARE DENIED TO DRUG TRAFFICKERS.
(a) NSW son Comrsteneraurs Inroasurson
Stamm?The Congress is concerned that the
executive, branch has not established a com-
prehensive 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 em-
bassies, even though the establishment of
such a system is required by section 132 of
the Foreign Relations Authorisation Act,
Placa! Years 1986 and 1987.
(b) Zsztattimussr or Swizz ?The execu-
tive branch shall act expeditiously to estab-
lish the comprehensive information system
required by section 132 of the Foreign _Rela-
tions Authorisation Act, Fiscal Years 1986
and 1987, and submit to the Congress a
report that the system has been established.
SSC MIL CONDITIONS ON ASSISTANCE FOR &OLIVIA.
(a) Orgasms( BLAB? Fontiscs.?(1) It Is the
sense of the Congress that?
(A) the Government of Bolivia's recent
drug interdiction operations 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 con-
stricted,*
(D) the restoration of non-coca dependent
economic growth in Bolivia is crucial to the
achievement, of long-term progress in Con-
trolling illicit narcotics production; and
(N) control of illicit drug production is
crucial to the survival of democratic institu-
tions and democratic government in Boliv-
ia.
(2) The Congress, therefore, applauds the
demonstrated willingness of the Pas &tem-
soro government, despite the risks of severe
domestic criticism and disruptive economic
consequences, to cooperate with the United
States in Operation Blast .Furnace.
(b) Commons on Assorsivc&?Paragraph
(2) of section 811 of the International Secu-
rity and Development Cooperation Act of
1985 is amended by striking out subpara-
graphs (A) and (B) and inserting in lieu
thereof the following:
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CONGRESSIONAL RECORD ? HOUSE H 11239
"(A) up to SO percent of the aggregate
amount of such assistance allocated for Bo-
livia may be provided at any time after the
President certifies to the Congress that Bo-
livia has engaged in narcotics interdiction
operations which have significantly disrupt-
ed the illicit coca industry in Bolivia or has
cooperated with the United States in such
operations; and
"(13) the remaining amount .of such assist-
ance may be provided at any time after the
President certifies to the Congress that Bo-
livia has either met in calendar year 3916
the eradication targets for the calendar year
1985 contained in its 1983 narcotics agree-
ments with the United States or has entered
into an agreement of cooperation with the
United States for implementing that plan
for 1987 and beyond (including numerical
eradication targets) and is making substan-
tial progress toward the plan's objectives, in-
cluding substantial eradication of illicit
coca crops and effective use of United States
assistance.
"In the certification required by supara-
graph (B), the President shall explain why
the terms of the 1983 agreement proved un-
attainable and the reasons why a new agree-
ment was necessary. ".
RSLA770N 70 Orprn Pnovraroffs.?Noth-
ing in the amendment made by subsection
(b) shall be construed as superseding any
provision of section 481 of the Foreign As-
sistance Act 01 1961.
SSC Ma REPORTS AND RESTRICTIONS &Nunn.
INC CERTAIN COUNTRIES.
(a) Riroarn?Not later than it months
after the date of enactment of this Act and
every I months thereafter, the President
shall prepare and transmit to the Congress a
report?
(1) listing each major illicit drug Produc-
ing country and each major drug-transit
country?
(A) which, as a matter of government
policy encourages or facilitates the produc-
tion or distribution of illegal drugs;
(B) in which any senior official of the gov-
ernment of such country engages in, encour-
ages, or facilitates the production or distri-
bution 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
violence, inflicted by or with the complicity
of any law enforcement or other officer of
such country or any political subdivision
thereof; or
(DI which, having been requested to do so
by the United States Government, fails to
provide reasonable cooperation to lawful ac-
tivities of United States drug enforcement
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 reason-
able distance into the airspace of the re-
quested country; and
(2) describing for each country listed
under paragraph (1) the activities and iden-
tities of officials whose activities caused
such country to be so listed.
(b) Rfornetcrions.?No United States assist-
ance may be furnished to any country listed
under subsection Iol(1), and the United
States representative to any multilateral de-
velopment 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 (ola), unless the President certi-
fies to the Congress that?
(1) overriding vital national interests re-
quire that provision of such assistance;
(2) such assistance would improve the
prospects for cooperation with such country
In halting the flow of illegal drugs; and
(3) the government of such country had
made bona fide efforts to investigate and
prosecute appropriate charges for any crime
described in subsection (a)I 1)(C) which may
have been committed in-such country.
(c) RZLATION 7'0 077fSR PROVISIONS.?The
restrictions contained in subsection (b) are
in addition to the restrictions contained in
section 481(li) of the Foreign Assistance Act
of 1981 or any other provision of law. '
(dl Derminorm.?For purposes of this sec-
tion, 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 sec-
tion 481(i) of the Foreign Assistance Act of
1941.
SIC mi. COMBATING NARCOTERRORISM.
(a) F momo.?The Congress finds that the
increased cooperation and collaboration be-
tween narcotics traffickers and terrorist
groups constitutes a serious threat to United
States national security interests and to the
political stability of numerous other coun-
tries, particularly in Latin America.
Ib) !Amoy= CAntanirr FOR RESPONDING
ro Nencormutozusse.?The President shall
take concrete steps to improve the capability
of the executive branch?
(1) to collect information concerning the
links between *emirate traffickers and the
act of terrorism abroad, and
(2) to develop an effective and coordinated
means for responding to the threat which
those links pose.
Not later than 90 days after the date of en-
actment of this Act, the. President shall -
report to the Congress on the steps taken
pursuant to this subsection.
(c) Araimarzenon or JUSTICE PROGILUS.-
Of the amounts made available for fiscal
year 1987 to carry out section 534 of the For-
eign Assistance Act of 1981 (22 U.S.C. 2348c;
relating to the administration of justice pro-
gram), funds may be used to provide to Co-
lombia or other countries in the region such
assistance at they may request for protec-
tion of Judicial or other officials who are
targets of narcoterrorist attacks.
(d) &WARD CONCSIUMIO Jonos Lour .0010A
VASQUIZ?I2 is the sense of the Congress that
the authority of section 38(b) of the State
Department Basic Authorities Act of 1958
(22 U.S.0 2708)611, as amended by *cation
502(4) of the Omnibus Diplomatic Security
and Antiterrorism Act of 1988 (Public Law
99-399; enacted August 27, 1988), should be
used expeditiously to establish a reward of
up to 8500,000 for information leading to
the arrest or conviction of Jorge Luis Ochoa
Vasquez for narcotics-related offenses.
SSC MS. INTERDICTION PROCEDURES roe VESSELS
OF FOREIGN asoisrar.
(a) Firompo.?The Congress finds Plat?
(1) the interdiction by the United States
Coast Guard of vessels suspected for carry-
ing illicit narcotics can be a difficult proce-
dure 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 en-
forcement action, may delay the interdic-
tion of the vessel by 3 or 4 day&
lb) NSOOTIA77ONS CONCSIVIINO &roamer:op
PROCEDURSS.-
al 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 countries procedure which
will facilitate Interdiction of vessels suspect-
ed of carrying illicit narcotics,
(2) If a country refuses to negotiate with
respect to interdiction procedures, the Presi-
dent 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 re-
ports to the Congress semiannually identify-
ing those countries which have failed to ne-
gotiate with respect to interdiction proce-
dures. .
SEC MIL ASSESSMENT OF NARC077CS 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 assess-
ment shall examine the need for the United
States to provide- increased narcotics con-
trol training-for African countries.
SSC. MI& POLICY 70WAR1) MULTILATERAL DE; EL-
OPMENT BANKS
Section 481(a) of the Foreign Assistance
Act 01 1961 is amended?
(1) by redesignating paragraph (3) as
paragraph (4); and
(2) by inserting after paragraph (2) the fol-
lowing:
"(3) In order to promote international co-
operation. in combatting international traf-
ficking in illicit narcotics, it shall be the
Potter of the United States to use its voice
and vote in multilateral development banks
to promote the development and implemen-
tation in the major illicit drug producing
countries of programs for the reduction and
eventual. eradication of narcotic drugs and
other controlled substances, including ap-
propriate assistance in conjunction with ef-
fective programs -of illicit crop eradica-
tion. ".
SSC. MI6 MULTILATERAL DISIELOPAISN7' SANE AS-
SISTANCS FOR DRUG ERADICATION
AND CROP SUBSTM'TION PROGRAMS
(a) MOB ASSISTANCE PDX DICVSLOPMENT AND
IMPLEMENTATION OF DRUG ERADICATION PRO-
ORAAL?The Secretary of the Treasury shall
instruct the United States Executive Direc-
tors 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
development and implementation of a drug
eradication program, including technical
assistance, assistance in conducting feasi-
bility studies and economic analyses, and
assistance for alternate economic activities.
(b) &cuss= . zr, MULTILATERAL DEVELOP-
surer Bame Lemma 101 CROP Suusrrrurrom
Pno.mcrs.?The Secretary of the Treasury
shall instruct the United States Executive
Directors of the multilateral development
banks to initiate discussions with other Di-
rectors of their respective banks and to pro-
pose 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
of 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 sec-
tion have been carried ouL
Id) DIIFINITIONS.?For purposes of this sec-
tion?
al MuzanArmuz. DEVELOPMENT RAMC?The
term "multilateral development bank"
means the International Bank for Acton-
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11 11240 CONGRESSIONAL RECORD ? HOUSE October 17, 1186
struction and Developmen4 the hiternation- lions, and entities to heighten international United Nations to request that the United
a/ Development Association, the Inter-Amer- awareness and promote the necessary strati:- Nations Secretary Genera/ raise with deism-
Wan Development Bank, the African Demi- gies for international action, to strengthen tions to the International Conference on
opment Bank, and the Asian Development international cooperation. and to make ef- Drug Abuse and illicit Trafficking the grab-
Bank Active use of available United Nations km of illicit drug production in /ma AA
(2) MAJOR ri.Licrr Dew PRODUCING COUN- funds. ghanistan, and Laos, the Unmet atrium
TRT.?The term "major illicit drug produc- lb) Room,* r o Commses.?Not later than poppy producing countries which do not
ing country" has the meaning provided in April 30, 1987, the President shall report to have narcotics control Programa
section 481(0(2) of the Foreign Assistance the Congress any recomnumdations that sse sez maiwisp FvNifiNG FOR u914 mg Lilt!-
Act of 1961 (22 U.S.C. 2291(11(2)). may result from this study. CATION PROGRAMS - .
(31 NARCOTIC DRUG AND CONTROLLED sta- sec. ms. Natalia COMM CauggIllgoaa . ? in addition to amounts otherwise author-
STANC.Z.?The terms "narcotic drug" and The COMPelliF- bred to be appropriated, there is authorized-
"controlled substance" have the meanings (1) urges that the United Nations Commis- to be appropriated for the United States in.
given to such terms in section 102 of the sion on Narcotic Drupe complete work as formation Agency for Awed year ? 1987
Controlled Substances Act f21 U.S.C. 8021. quickly as possible, consistent with the oh- $2,000,006- win* man be available only for ?
SEC ma DRUGS AS A NATIONAL SECURffY PRO& *cave of obtaining an affective -agreement, increasing drug education programs abroad.
LEM on a new draft convention against illicit rhea regrew may indigo?
The Congress hereby declares that drugs traffic in narcotic drugs and psychotropic (1) the distribution of film and mimeo.
are a national security problem and urges substances, in accordance with the mandate lions which demonstrate the impact of
the President to explore the Possibility ales- given the Commission by United Nations drugs on crime and health-and
gaging such essentially security-oriented or: General Assembly Resolution 31/141; and 121 exchange of persons programs and
ganizations as the North Atlantic Treaty Or- (2) calk for more effective implementation___ international visitor programs involving
ganization in cooperative drug programs. of -existing conventions relating to name'. students. sdneatosa and scientists.
SEC. MT FINDINGS CoNCERNLVG GREAT= INTER-
NA770NAL EFFORT TO ADDRESS DRUG SEC USA AICTICO.UNITED STAIRS LIMERGOTERN- SEC. ISA INCREASED FUNDING FOR AID DRUG ?911. -
THREAT. . MENTAL COMMISSION. CATION PROGRAMS.
The Congress finds that? ? (a) Nsoortsmous To Essusunsc_in oe. in addition to amounts otherwise author-
U' in response to the growing narcotics cordatwe with the resolution adopted by the 'teed,__t? be appropriated, there are authorised
threat to the international community? 26th Mexico-united hiterpurtierneniny Con. & u gu aPProPriated to the President for liana
(A) the Single Convention on Narcotic ference which recommended that the. Gov- year 1987 $3.000,000 to carry out chapter 1
Drugs, 1961, the 1972 Protocol amending element of Mexico and the Government of 0...91, , rt__,__,I 42 t1.21___.Fe114_1,n....A1st,221_nee __,Al2 0,_
that Convention, and the Convention on the United States atabliek a llexico-United 4 "S. 11"Wie 1411Wa'" WM.' U5 F."1"...... w
Psychotropic Substances were adopted States intergovernmental Corrimiseitnt on section 1261b)(2) of that AM for additional
under United Nations ampices, and morasses and pn,chogeopie Dm. Abuse and acttvittes aimed at increasing awareness of
(B) the United Nations has created ?art- Control, the President should direct the Sec- the effects of productionand trafficking of
our entities to deal With drug abuse control retarp of State, in conjunction with the Na- illicit narcotics on 8"Tee and transit CM"1-
Board. to irieL
and prevention: and
121 a greater International effort is re- enter into negotiations with the Govern-
quired to address this threat, such as addi- ment of Mexico to create such a joint inter-
Hemel or increased contributions by other governmental commission.
countries to the United Nations Fund for (b) MZMISSRSKIP.-17m1 commission. which
Drug Abuse and Control and greater coordi- should meet sentiannuaily, should include
nation of enforcement and eradication ef- members of the Mexican Senate and Chant-
forts. her of Deputies and the United States House
SEC TOL LVTERVATIONAL CONFERENCE ON DRUG Of Representatives and Senate, together with
ARUM AND Naar 72,077CuNG. members of the Executive departments of
(a) CONGRESSIONAL Statemr.?The Con- each -Government responsible for drug
gress hereby declares its-support for United abuse, education. Prevention. treatment.
Nations General Assembly Resolution 40/ and law enforcement-
122 adopted on December 13, 1985, in which (c) REPORT To Camases?Not later than
the General Assembly decided US convene in 90 days after the data of enactment of this
1987, an International Conference on Drug Act. the Secretary of State shall report to the
Abuse and illicit Trafficking in order to gen- Congress an the IsTOgrus being made in es-
crate universal action to combat use drug tablistting a COMMialtiOn In accordance with
problem in all its forms at the national, re- subsection kif-
(Aortal, and international levels, and to SEC sass. OPIUM' PRODUCTION IN PAIUSIASE
adopt a comprehensive outline of future ac- FINDiNOS.?The Commas finds that?
(1) Use production of opium in Pakistan is
lb) UNITED STATES PARI7CIPAT7ON.?With TS- expected to more than double in the I915-
sped to United States participation in the 1984 growing season. V01610 an increased
International Conference on Drug Abuse threat to the health and welfare of the people
and Illicit Trafficking, the Congress calls on of Pakistan and the people of the United
MC Ma REPORTS TO CONGRESS ON mix eiwCA-
770N FROMM AMMAR
The Director of the United States Informa-
tion /saucy and the Administrator of the
Agency for International Development shall
Include in their annual reports to Use Con-
gress a description of the drug education
Programs carried out by their respective
OPERCIST
MC sew. NAMM7C.9 catigeoL ItgrOms IN isimica
lad CoricesessioNAL leINDINGE.?The Ceti-
grew finds?
(1) in their meeting in August 1986, Presi-
dent de la Madrid Hurtado and President
Reagan recognised the unique relationship
between our two countries and the impor-
tance and the desire to respect the sovereign-
tv Of each nation:
(2) further, the United-States government
has actively IITOTSCed to suPPort the Mexican
government in easing its international debt
burden;
(3) Both presidents pledged their coopera-
tion in drug eradication, enforcement and
nd education;
(1) to appoint the head of the United (2) despite past achievements, Use current ,___(4) _,Thir,..spitdr,., ,of cooveniti,...,..?2:t.,ht.?,ntt
the President? a
States delegation well in advance of the con- eradication program in Pakistan. which ern- """' """"'''''''"' """*"" w ? ""--(--
mop manual ssucusatum se. sow, muses. response of the ilrariaan government in:
(2) to ensure that necessary resources are has moven inadequate to meet this new (A) fully investigating the 1985 murders of
femme; and
available for United States preparation and challenge. U.S. Drug Enforcement Administration
participation- (b) NEED eon Mom Ssrscime Dego Cog- agent Enrique Canaanite Selmer and his
(c) Rspoer r o Coriasess.?Not later than mot. PROCHLUL-77te COSMOS ISMS that use Pilot. Alfedo Zavida.Avelar;
April 30. 1987, the Presiderit shall report to Government of Pakistan adopt and ample- (B) fulls f investigating the 2981 detention
the Congress on the status of United States mint a comprehensive narcotics contra/ pro. and torture of U.S. Drug Snforcernant Ad-
preparations for the International Codfer- gram which would provide for more Wee- ministration agent Victor Cortes. Junior:
ence on Drug Abuse and illicit Trafficking, nee Prosecution of draft traffickers, in- IC) bringing to trial and effectively pros-
incuding the status of naming the deltas- creased interdiction. and aerial wirdtcation dentine those responsible for the Camargue
Hon, the issues expected to arise, and United of opium poppies. and Zavala murders and those responsible
States policy initiatives to be taken at Use (c) Raver To Comems.?The Secretary of for the detention and torture of Corks:
conference- - State shall report to Use Commas mit later (DJ using effectively and efficiently the
MIT PREVENTION AND CONTROL this Act with Respect t o the adoption and States government for drug eradication and
ssc. EFFSCTIVENESR De INTERNAnomit than 17 dans after the date Of Siiiieigieng of fleet of aiicroft Provided bn the United
smESt implementation by the Government of Pail- interdiction; and
fa/ STUDY?The United States should seek sten of a comprehensive narcotics control (El preventing drug trafficking and drug-
to improve the program and budget effec- program in accordance with subsection lb). related violence on the U.S--Mexican border.
livens= of United Nations entities related sec sm. mem gangue-heti IN MAX AFGRANI. ltd Therefore, it IS the 'ORM Of Congress
to narcotics prevention and control by SFAX AND LAM that unless substantial progress is demon
studying the capability of existing United The Congress calk on the President to in- aerated in the near future on Use issues de-
Nations drug-related declarations, comas- struct the United States Ambassador to the scribed in subparagraph (A)14), the Presi-
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October 17, 1988 CONGRESSIONAL RECORD ? HOUSE
dent should consider taking one or more of
the following measures:
(1) imposition of a mandatory travel advi-
sory for all 41 Mexico;
121 restrictions on foreign assistance (in-
cluding further disbursements from the Ex-
change Stabilisation Fund and Federal Re-
serve Bank);
(3) denial of favorable tariff treatment for
Mexican products:
(4) denial of favorable U.S. votes in multi-
lateral development banks.
lc) Peossctrrroa or Tows Resew:sums 1FOR
nix Tonruits AND Muaosa or DEA Awns.=
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-
national narcotics control), $1,000,000 shall
be withheld from expenditure until the
President reports to the Congress that the
Government of Mexico?
(1) has fully investigated the 1985 murders
of Drug Enforcement Administration agent
Enrique Camarena Salazar and his pilot Al-
fredo Zavala Avelar;
ID has fully investigated the 1988. deten-
tion and torture of Drug Enforcement Ad-
ministration agent Victor Cortes, Junior,'
and ?
(V has brought to trial and is effectively
prosecuting those responsible for those mur-
ders and those responsible for that detention
and torture. ,
TITLE III?INTERDICTION . ??
SEC NIL WORT TOIL
This title may be Cited as the "National
Drug Interdiction Improvement act of
1986".
sSCSees. FINDINGS.
The Congress hereby finds that?
(1) a balanced, coordinated, multifaceted
strategy for combating 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 bar-
den:
(21 a balanced, coordinated, multifaceted
strategy for combating the narcotics drug
abuse and trafficking in the United States
should include?
(A) increased investigations of large net-
works of drug smuggler organisations;
(13) source country drug eradication;
(C) increased emphasis on stopping nal%
colics traffickers in countries through which
drugs are transshipped; .
(DI-increased emphasis ow drug education
programs in the schools and workplaces;
(II) increased Federal Government assist-
ance to State and local agencies, civic
groups, school systems, and officials in their
efforts to combat the drug abuse and traf-
ficking problem at the local level; and
(F) increased emphasis on the interdiction
Of drugs. and drug smugglers at the borders
of the United States, in the air. at Sea, and
on the land; -
(3) funds to support the interdiction of
narcotics smugglers. who threaten the trans-
port of drugs through the air, on- the, sea,
and across the- land borders of the United
Stales should be emphasised in the Federal
Government budget process to the same
extent as the other elements of. comprehen-
sive antidrug effort are. emphasized:
(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 agen-
cies engaged in drug interdiction, particu-
larly the United States Customs Service and
the Coast Guard, currently lack the aircraft,
ships, radar, command, control, communi-
cations, and. intelligence (C31) system, and
manpower resources necessary to mount a
comprehensive attack on the narcotics traf-
fickers who threaten the United States;
161 the civilian drug interdiction agencies
of the United States are currently interdict-
ing only a small percentage of the illegal,
drug smuggler penetrations in the United
States every year;
(71 the budgets for our civilian drug inter-
diction agencies, primarily the United
States Customs Service and the Coast
Guard, have not kept pace with those of the
traditional investigative law enforcement
agencies of the Department of Justice; and
181 since the amendment the Posse Com-
itatus Act 118 U.S.0 13851 in 1981. the De-
partment of Defense has assisted in the
effort to interdict drugs, but they can do
more,
SRC MU. MVOS=
It Is the purpose of this titia?
(1) to increase the level of funding and re-
sources available to civilian drug interdic-
tion 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 interdic-
tion of the narcotics traffickers before such
traffickers penetrate the borders of the
United States and
131 to improve other drug interdiction pro-
grams of the Federal Government
Subtitle A?Department of Defense Drug
? . Interdiction Assistance
SIC MIL MOAT IMO ?
This subtitle may be cited as the "Defense
Drug Interdiction Assistance Act".
SIC SOL AUTK0RtISI7O4t
(a) AUTWORIZATION or Aranoieturrixes rote
Etatafactia Dam ? Iterrnoterrom ACTIvrrizs.?
Funds are hereby authorised to be appropri-
ated to the Department of Defense for Meal
year 1987 for enhancement of drug interdic-
tion asslitance activities of the Department
as follows: ?
(1) For procurement of aircraft for the
Navy. $138,000,000, to be available for (A)
the refurbishment and upgradine, for drug
interdiction purposes, of four existing 11-2C
Hawkey* surveillance aircraft or any other
aircraft of the Navy which the Secretary
considers better suited than I-2C Hawkeye
surveillance aircraft to performs- the drug
interdiction mission, and (B) the procure-
ment of ? four replacement aircraft (of the
same type of aircraft refurbished and up-
graded under the authorisation in this para-
graph) and related spares for the Navy.
(2) For procurement of seven radar aeros-
tats, $99,500,000.
(3) For procurement of twit Blackhawk
helicopters, $40,000,000:
(b) LOAN OP Earnowort TO LAW &WORCS.
Rater Ammer:a-111(A, The Secretary of De-
fense shall make two of the existing aircraft
refurbished and upgraded under subsection
(a)(1) available to the Customs Service and
the Other two of such existing aircraft avail-
able to the Coast Guard.
(B) The 'Customs, Service and the Coast
Guard shall each have the responsibility for
operation and maintenance costs attributa-
ble to-the aircraft made available to the Cus-
toms Service and the Coast Guard, respec-
tively, -under subparagrah (AA
(2) The Secretary of Defense shall make the
radar aerostats acquired under subsection
(a)(2) and the helicopters acquired under
subsection (a)f3) available to agencies of the
United States designated by the Chairman
of the National Drug Enforcement Policy
Board established by the National Narcotics
Act of 1984.
(3) Aircraft and radar aerostats shall be
made available to agencies under this sub-
section subject to the provisions of chapter
18 of efue la United States Coda
IC1 LIMITA170N ON PROCUREMENT?Amounts
appropriated or otherwise made available to
H 11241
the Department of Defense for procurement
for fiscal year 1987 or any prior fiscal year
may be obligatied for equipment for en-
hancement of authorised drug enforcement
activities of the Department of Defense
under subsection (a) or any other provision
of law only if the equipment?
ID it fully supportable within the existing
service support system of the Department of
Defense; and
(2) reasonably relates to an alibiing mili-
tary,, war reserve, or mobilization require-
ment.
SSC Liu. COAST GUARD ACIMITES
(a) PUND1NO FOR PERSONNEL ON NAVAL VACS-
sus.?(1) Of the funds appropriated for op-
eration and maintenance for the Navy for
fiscal year 1987, the sum of $15,000.000 shall
be transferred to the Secretary of Transpor-
tation and shall be .available only for mem-
bers of the Coast Guard assigned to duty as
provided in. section 379 of title 10, United
States Code las added by subsection (b)).
121 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.
lb) &DIAN= DRUG DPITADM770N ASSIST-
ANCL-111 Chapter 18 of title 10. United
States Code, is amended by adding at the
end the !Wincing new section:
"137& Assipsment of Coast Guard permute, to
naval.oesseis for lass etsfereement purposes
"(a) The Secretary of Defense and the Sec-
retary .of ? Transportation shall provide that
there be assigned on board appropriate sur-
face naval vessels at sea in a drug-interdic-
tion area members of the Coast Guard who
are trained in law enforcement and have
powers 41 the Coast 'Guard under title 14, in-
cluding 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
functions (including drag-interdiction func-
tiona)?
"111 as may be agreed upon by the Secre-
tary of Defense and the Secretary of Trans-
portation; and
"(2) as are otherwise within the jurisdic-
tion of the Coast Guard.
"let No fewer than 500 active duty person-
nel of the Coast Guard shall be assigned
each fiscal year to duty under this section.
However. if ? at any time the Secretary of
Transportation, after consultation with the
Secretary of Defense, determines that there
are insufficient naval vessels available for
purposes of this section, such personnel may
be assigned other duty involving enforce-
ment of laws listed in section 374(a)(1) of
this title.
'7d) In this section,. the term 'drug-inter-
diction 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 ac-
tivities involving smuggling of drugs into
the United States are ongoing."
($) The table of sections at the beginning
.of such chapter is amended by adding at the
end the following new item:
"Mt Assignment of Coast Garret personnel I.
new vessels fir lam onforatment parpmea".
(3). Effective on the date of the enactment
of this Act. section 1421 of the Department
of Defense Authorisation Act, 1986 (Public
Law 99-145; 99 Stat. 750), is repealed.
(c) Us: os Drimarrever or Duro= Furies
rott nes Cour GCLUUL?In addition to any
other amounts authorized to be appropri-
ated to the Department of Defense in fiscal
year 1987. $45,000,000 shall be authorised to
be appropriated for the installation of 360-
degree radar systems on Coast Guard long-
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range surveillance aircraft. Any modifica-
tions of existing aircraft Pursuant to this
subsection shall comply with validated re-
quirements and specifications developed by
the. Coast Guard. The limitations contained
in paragraphs (t) and ni of section 3052(c)
shall stingy with respect to activities carried
out under this subsection.
(d) Itere.unav or 300-Deow Ream ON
CoAsr Gump SURVEILLANCS Amcgerr.--The
Secretary of Defense is authorised to use
$45.000,000 for the installation of 360-degree
radar systems on Coast Guard. long-range
surveillance aircraft. Funds to carry out
this subsection shall be derived as described
in section 3052(b). Any modifications of ex-
isting aircraft pursuant to this subsection
shall comply with validated requirements
and specifications developed by the Coast
Guard.
UC est itSPORT ON LoSPENSS DSVG.1011C4170N
ACT7e777113.
Not later than December 2. 1988. Use Secre-
tary of Defense, in consultation with the Na-
tional Drug Enforcement Policy Board and
the Department of Education, shall submit
to the Committee on Armed Services at the
Senate and the House of Representatives a
report containing a discussion of?
(1) the extent to which youth enrolled isi
schools operated by the Department of De-
fense for dependent members of the Armed
Forces are receiving education on drug and
substance abuse.
CONGRESSIONAL RECORD ? HOUSE October 17, 1986
may be used to intercept vessels and air- on which the Congress receives the-list and
craft outside the land area of the United plan submitted under such subsection, the
States for any territory, commonwealth, or Committees on Armed Services of the Senate
possession of the United States) for the our- ? and the Nouse of EesresentatiVes s;ill
POMO Of COMMIlatiCatiltli with such vessels submit their approval or disapproval of
and aircraft to direct such- vessels and air- such list and plan to the Secretary of De-
croft to go to a location designated be GP-. tense. Upon receipt of such approval or du-
propriate civilian officials if the Secretary approval, the Secretive shall immediately
of Defense, the Attorney General, and the convene a conference of the heads of the
Secretary of State jointly .determine that an Federal Government agencies with Jurisdic-
emergency diCIMISMAC0 exists and that es- Mon over drug law enforcement, including
Meanest of a law listed in subsection (a) the Customs Service, the Coast Guard, and
would be seriously impaired if such use cif the Drug Enlacement Administration, to
equipment were not permitted. Such use of determine the -appropriate distribution of
equipment may continue into the land area the assets, items of support. or other assist-
of the United States for any territory or pas-- owe to be made available by the ',Craft-
session of the United States) in cases frivolo- mint of Defense to such agencies. Not later
ing the hot pursuit of vessels or aircraft than IM days after the date on which such
where such pursuit began outsidrauch land conference convenes, the Secretary of De-
area.- and the, heads of such agencies shall
"(31. For purposes of this subsection: an enter into appropriate memoranda of agree-
emergency circumstance exists- when? mint specifying the distribution of such as-
"(A) the size or scope of- the-suspected etetonen
criminal activity ins 1$1770 situation Poo= lc) EQUIPMENT SMUT 70 Scream
a serious threat to the interest of the United 305:(0...-Equipment identified in this sec-
States; and ? lion is subject to the provisions of section
"IBI the assistance described in this rub- 3051(c).
lee"' "mad eteetiteena, "hence the en" Id) Arruessrurr.?Subse(tio73. la) and lb)
A/cement of a law listed in subsection lat.". shall not apply to any amts. equipment.
SIC met ADINTIONAL DSFARTNIOFF OF BUMS items of support. or other seetetamee incetd.
ORM LAW SNFORCZMIarr ASPS?. ed or authorised is any other provision of
thie title.
(a) Miami. Rsoorileststilt?ID Within PO le) Esrey ar GENEEAL Accoosirmo
days after the date of the enactment-Of the
(2) the types of drug education Programs
that are currently being provided in such
schools.
(V whetluw additional drug education
programs are needed --such schools, and
Iv the extent to which dews education foe foremast and drsse interdiction agencies. trona, Gown, shalt tmeeritt t the cow
etude or should include orecenxiee veerthe Coast Guard, the Drug Enforcement trailer Gewalt findings-revarding the
the Secretary:of Defense ehou "boat to Om.?The Comptroller General of the
(A) A detailed list of oil Amu of assist-- the DePertelent of Defer". ?this subset'
ance that shall be made available by the De- ttelle_a_ _h,?,.NcIt lair_ than" days
pertinent of Defense to doilies drug law en- `1,""' "`" "" """"'" "s""--
convened under subsection (b), the Como- .
United States shall monitor the compliance
the Congress the following:
corn-
Clomp-
youth hit grades Atoderoorteo through Le. ts? *mending the United States Customs Serv- freee elutes mart mutat May the comp.
chide
counseling classes. Administrution. and the immigration and
? 1.8) A detailed plan for promptly 'gismo..., Pilaw? of Use 17?Partmlat of
Defeme 'WA
Sic sem ORPONG Witti Lifitilitilli . Naturalisation Service. ? .---..-- such subsections. The report shall include a
Section 911 of title 10, United States Code, review of the. menioranda of airreement Wi-
ts amended be inserting "or while impaired eIrre;tatirdsentoseisarecreendllriinclireddonnigesbchaentlietties. tered into under subsection (0).
by a substance described in section 912a(b) (V The list required by paragraph UNA) SSC ma WADS or macron or ParAirmstir or
of this title (article 112ab))," after thou include. but not be /united to, a de. ?? DM= TASK FORCE ON DWG ex
"manner.". - - --- - FOICSIIINZ
scription of the following matters:
SEC, Mt ASSISTANCE TO CIVILIAN LAW INFORM (A) gereetuessee equipment emtable fords- During fiscal year 1987. the number of of-
DENT AND EMEDGENCT ASSISTANCE keine tun hind, and marine drug granspyr. MCI of the -Marin* Corps authorised under
Sr OSPARTNINT OF MENU PS& SONNSL tattoo activities. section 525(0) of title 10, United States
far AmarrAirce ro CIVIMAII LAW Etwomcs- (B) Communications equipment, inchuF - Coder, to be en active duty in grades above
IfENC?Section 374lal of title 10, United mafor-yeneral is increased by one during
States Code, is amended by striking out the
period at the end and inserting In lieu there-
of "or with respect to assistance that such
agency is authorised to furnish to any for,
eign government which is involved in the
enforcement of similar laws"
(b) Zsamorncr Assseunce:-Section 374(c)
at such title is amended lir read as follows:
"ton) In an emergency circumstance,
equipment operated by or with the assist-
ance of personnel assigned under subsection
(a) may be used as a base of operations out-
side the land area of the United States (or
one territory, commonwealth. or possession
of the mated matey bi Federal law mimeo-
ment officials?
"(A) to facilitate the enforcement of a law
listed in subsection fal: and
"(B) to transport such law enforcement of-
/teals in connection soith.such operations;
lug secure communications.
(C) Support available from the reserve
components of the Armed Forces fbr drug
interdiction operations of civilian drug law
enforcement agencies.
(D) Intelligence ? on the growing, process-
ing, and transshipment of drugs dna/
source countries and the transshipment of
drags between such countries and the
United States.
Support from the Southern Command
and other unified and specified commands
that is available to assist in drug interdic-
tion.
IIP) Aircraft suitable for use-in air-to-air
detection. interception. treating. and sei-
sms .by civilian drug interdiction af/C0Cita.
including the Customs Service and the soinieet that porttetoettoe.
Coast Guard. (b) ACONORIZATION.-111 addition to any
MU Marine vessels *liftable for use in mar, other amounts 0,1,701wiated for the Civil
mina mecum, intercom tracking. slid Air Patrol for fiscal year 1987, there are an-
unaure ay civilian drug interdiction ages. thorised to be appropriated for Use Civil Air
nd
uncorPI-
any period (last an Officer of the Marine
Corps is serving as the Director of the De-
portment of Defense Task Force on Drug En-
Armament. 'An additional obIcer in a grade
above major general by reason of this sec-
tion may not be in the grade of genera
SSC Pea avs All PATROL.
fa) Seas or Comonzes.?It is the sense of
Congress Mat?
(i) Ow Civil Air Patrol, the all-volunteer
civilian EiiiiielE of Use Air. force, can in-
crease its participation in and make signifi-
cant contributions to the drug interdiction
efforts of the Federal Government, and
(2) the Secrete, of the Air Force should
if the Secretary o f Defense, the Attorney cies, including the Customs Service and the Nang+ out of CRY
General, and the Secretary of State jointly Coast Guard. mined balances of appropriations for the
determine that an emergency circumstance 411) Such land vehicles as may be appro- Department of Defense for fiscal Year - Thad
exists. prints- for support activities testing to drug which are carried forward into fiscal year
"(2)(4) Subject to subparagraph (B), interdiction operations by civilian drug law 1987, $7,000,000 for the acquisition of the
equipment operated by or with the assist- enforcement agencies, including the Cur molar items of equipment needed be the
CIRCO of personnel assigned under subsection toms Service, the Immigration and Natural- Civil Air Patrol for drug Interdiction sur-
fs) may not be used to interdict or interrupt Motion Service, and other Federal agencies =glance and =Porting elleeiens-
the passage of vessels and aircraft. having drug interdiction or drug wadies- (c) Rxyarers.--(1) The Secretary of the Air
"(B) In an emergency circumstance, tion restrausibllities- - - Pone shall submit to the-Committees on AP-
equipment operated by or with the -assist- lb) Comae= APPROVAL AND Foul. IBMS- propriations and on Armed Services of the
ante of personnel essigned under subsection MENTATION.? Within 30 days after the Sate Senate and the Nouse of Representatives
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CONGRESSIONAL RECORD ? HOUSE H 11243
quarterly reports which contain the follow-
ing information:
(A) A description of the manner in which
-
any funds are used under subsection (b).
MI A detailed description of the activities
of the Civil Air Patrol in support of the Fed-
eral Government's drug interdiction pro-
gram.
(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.
Saki* B?Casteess Stsfereeinent
see aim. worn Tina
This subtitle may be cited as the "Customs
Snforcentent Act of 1986".
PART I?Ai:AWN:NIS 77)T7III TARIFF' ACT
OP late
SIC JILL DEFINITIONS
Section 401 of the Tariff Act of 1930 (19
U.S.0 1401) is amended?
(1) by inserting and monetary bears-
ments as defined in section 5312 of title 31.
United States Code" before the period in
subsection (c);
al by striking out "The term" in subsec-
tion (k) and inserting in lieu -thereof "(1)
The term";
IV by adding at the end of subsection (k)
the following new paragraph:
"Ur For the purposes of sections .432, 433.
434. 448, 589. and 588, any vessel which?
IA) has visited any hovering vessel; ?
"113) has received merchandise while in
the muttons waters beyond the len:llorial
sea; Or
"IC) has received merchandise while on
the high seas;
shall be deemed to arrive or have arrived, as
the case may be from a foreign port or
place.": and
(4) by adding at the end thereof the follow
ing:
"(nil Cormtousa Svarrsurcg?The term
'controlled substance' has the meaning given
that term in section 102181 of the Controlled
Substances Act 121 U.S.0 8021011. For pur-
poses of this Act, s controlled substance
shall be treated as merchandise the importa-
tion of which into the United States is pro-
hibited, unless the importation is authorised
under?
"(1) an appropriate license or permit or
"(21 the Controlled Substances /Meet and
Export Act".
SSC MI IMPORT OF ARKIIAL OF nazi.% TV%
? CUR AND AIRCRAFT.
Section 433 of the Tariff Apt of 1930 (19
U.S.0 1433) is amended to read as follows:
'SSC sti REPORT oF ARRIVAL OF MIMS rale
CL. s AND AIRCRAFT ?
"fa/ Vixen Amerni..?(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
"IC) any vessel of the United States cann-
ing bonded merchandise, or /Oregon nier-
chandise for which entry has not been made:
the nester of the vessel shall report the ar-
rival at the nearest customs facility or such
other place as the Secretary may prescribe
by regulations
"121 The Secretary may by regulation?
"(A) prescribe the manner in which arriv-
als are to be reported under paragraph
and ?
"GM extend the time in which reports of
arrival must be made, but not later than 24
hours after arrival.
"(b1 VSNICLF ASIOVAL.--(1) Vehicles may
arrive in the United States only at border
crossing points designated by the Secretary..
"(2) Zscept as otherwise authorized by the
Secretors immediately upon the arrival of
any vehicle in the United States at a border
crossing point, the person in charge of the
vehicle shall?
"IA) report the arrival: and ?
"(B) present the vehicle, and all Persons
and merchandise (including baggage) on
board, for inspection;
to the custom officer at the customs facility
designated for that crossing point.
?(c.) Amur? Artiurzt?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 notifi-
cation, arrival reporting, and landing re-
quirements as Me Secretary may by regula-
tion prescribe.
"Id/ PAGSSISTATION OF DOCUMNTATION.?
The master, person in charge of a vehicle, or
aircraft pilot shall present to customs offi-
cen such documents. paPers. Or manifests as
the Secretary may by regulation prescribe.
"(e) Nome:nom oN DerAnruzies AND Dn.
comas?Unless otherwise authorised by
km, a vessel, aircraft, or vehicle may, after
arriving in the United States or the Virgin
Islands?
"(I) depart from the port, place, or airport
of arrival: or
"(2) discharge any passenger or merchan-
dise (including baggage);
only in accordance with regulations pre-
scribed by the Secretary.".
MC we MALT= POI AIIIIIVAL. INFORMS
ENTRE AND IMPARTURS IIIM471014s.
la/ 9ba VIOLATIOIN a I AARIWG.
AND SIMI' Requntiorsins.?Section 438 of
Use Tariff Act of 1930 (19 U.S.0 1431) is
amended to read t follourc
-sec s & PlOntnics eon rioLsTiorieOP 1211 AD.
NSA& RePORTINC, AND StITRT
PIIIRANSATIL
"la/ UNLAwnt Acrs?It is yodeler/161?
"W to fail to comply with section 433;
"(2) to present any forged, altered, or false
document, Papee, or manifest to a customs
officer under section 43.1(d) without reveal-
ing the fact";
"(.1) to foil to nake entry as required by
section 434 435. or 844 of this Act or section
1109 of the Federal Aviation Act /49 U.S.C.
App. 15119I; or
"141 to fall to comply with, or violate, any
regulation prescribed under any section re-
ferred to in any of paragrapfur (1) through
(3).
"(b) Ors Pittismy.--Any master person in
charge of a vehicle, or aircraft pilot who
commits any violation listed in subsection
(a) is liable Jbra civil penalty of $5,000 for
the first violation, and $10,900 for each sub-
sequent violation, and any conveyance used
in connection with any such violation is
subject to Hiram and forfeiture.
"ICI CRIMINAL PSNALTR?In addition to
being liable for a civil penalty under subsec-
tion ad, any master, person in charge of a
Vekdcle. or aircraft pilot who intentionally
commits any violation listed in subsection
(a) is, upon conviction liable for a fine of
not more than ANS or imprisonment for 1
year, or both; except that if the conveyance
has, or is discovered to have had, on board
any neerclaluidiee (other than sea stores or
the equivalent for Conveyances other than
vessels) the importation of which into the
United States is prohibited, such individual
is liable for an additional fine of not more
Mien 810.0419 or imprisonment for not more
than 5 -pears, or both.
"Id/ ADDITION% CIVIL Prrie&rs?ff 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 conveyance
which was not properly reported or entered,
the mastes, person in charge of a vehicle., or
aircraft pilot Mail be &Mkt for cavil penal-
ty equal to the value of the merchandise and
the merchandise may be seised 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 ve-
hicle, or pilot Mall be liable to the penalties
prescribed in that section.".
(b) fricassee Di Ptrizt.nse Fon DSPARTURS
Bums Ravin on INTRY.?Seetton 585 of
Me Tariff Act of 1930 (19 U.S.0 1585) is
amended?
(1) by striking out "Mall be liable to a
penalty of 85.000," after "vessel"; and
121 by striking out "$500" and inserting
"$5,000 for the first violation, and $10,000
for each subsequent triolation.?.
SEC nu. MAUI:5 FoR UNAUTHORIZED UNLOAD-
ING OF PASSINGS=
Section 454119 1.1:1C. 14541, is amended
be striking out "$500 for each" and insert-
ing "$1,000 for the first passenger and $500
for each additional".
SEC III& REPORTING RAGUIRSNENTS POR INDIVID-
UALS.
(a) Amsriosturr.?Section 459 of the Tariff
Act of 1930 (19 U.S.C. 1459) is amended to
read as follows:
"Sit 451. REPORTING RSQUIRIDISNTS FOR Mins
? 1/ALL
'WO INDIWDUALI ARNJIING OTHIA THAN BY
CONOZTANCR?Except as otherwise author-
ized by the Secretary, individuals arriving
in the United States other than by Vend, ve-
hicle, or aircraft shall?
"(1) enter the United States only at a
border crossing point designated by the Sec-
retary; and
"(2) immediately-7
"(A) report the arrival, and
"(B) present themselves, and all articles
accompanying them for inspection;
to the curiae,' officer at the customs facility
designated for that crossing point.
? "(b) hirairatuAse Alopecia RT Rimer=
CONVITANCL?Sscept as otherwise author-
ised by the Secretary, passengers and crew
members aboard a conveyance the arrival in
the United States of which was made or re-
ported in accordance with section 433 or 844
of this Act or section 1109 of the Federal
Aviation Act of 1958, or in accordance with
applicable regulations, shall remain aboard
the conveyance until authorised to depart
the conveyance by the appropriate customs
Officer. Upon departing the conveyance, the
passengers and crew members shall immedi-
ately report to the designated customs facili-
ty with all articles accompanying therm
"(e) Imarvmutta ARAMS? ar UNRIFORTGD
CoNverArict?Leant as otherwise author-
ised by the Secretary, individuals aboard a
conveyance the arrival in the. United States
of which . was not made or reported in ac-
cordance with the laws or regulations re-
ferred to in subsection (b) shall innsediately
notify a cartons officer and report their ar-
rival, together with appropriate informa-
tion concerning the conveyance on or in
which they arrived, and present their prop-
erty for sustains examination and inspec-
tion.
Desuavirs now DC:IMAM Cveroms
FACH-17713,?SSORN as otherwise authorized
by the Secretary, any person required to
report to a? designated customs facility
under subsection fa/, lb/, of (c) may not
depart that facility until authorised to do so
by the appropriate customs officer.
"(e) UNLAWPTIL Acrs.--it is unlawful?
"(2) to fail to comply with subsection Ia.?,
(b). or IcI;
"IV to present any forged, altered, or false
document or paper to a customs officer
under subsection (a), (04 or lc/ without re-
vealing OW /OGLE
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H 11244 CON
"(3) to violate subsection (d1; or
"(4) to fail to comply with, or violate, any
regulation prescribed to carry out subsec-
tion (a), lb), (c), or Id).
"(f) PErrstrr.?Any individual who
violates any provision of subsection fel is
liable for a civil penalty of $5,000 for the
first violation. and 210,000 for each subse-
quent violation.
"(g) CRIMINAL PiNALTY.?IR addition to
being liable for a civil penalty under subsec-
tion any individual who intentionally
violates any provision of subsection (el is,
upon conviction. liable for o fine of not
more than $5,000, or imprisonment for not
more than 1 year, or both.'
(b) RzrzAL?Section 480 is repealed.
SEC .111& PENALTIES FOR FAILURE ID &CLARA
Section 497 of the Tariff Act of 1930 (19
U.S.0 1497) is amended to read as follows:
"SSC M. PENALTIES MR FAILURE TO DECLAIM
"(a) IN GSNSAAL.?(1) Any article which?
"(A) is not included in the declaration and
entry as made; and
"(D) is not mentioned before examination
of the baggage begins?
"(V in writing by such person, if written
declaration and entry was required. or
"(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 ar-
ticle.
"(2) The amount of the penalty imposed
under paragraph (1) with respect to any ar-
ticle is equal to?
"(.4) if the article is a controlled sub-
stance, 200 percent of the value f the arti-
cle; and
"(B) if the article is not a controlled sub-
stance, the value of the article.
"MI VALOR or CONTROLLED SuarerAmczt ?
II) Notwithstanding any other provision of
this Act, the value of any controlled sub-
stance shall, for purposes of this section, be
equal to the amount determined by the Sec-
retary 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 Gen-
eral of the United States shall establish a
method of determining the price at which
each controlled substance is likely to be ille-
gally sold to the consumer of such controlled
substance".
SSC Sl U. EXAMINATION or DOW AND Wilms=
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 subsec-
tion (c)(1)(A),"; and
(2) by amending subsection (c1(1)(A) to
read as follows:
"(A) The term 'remote includes state-
ntents. declarations, or documents?
"lir required to be kept under section 508;
or
"NU regarding which there is probable
cause to believe that they pertain to mer-
chandise the importation of which into the
United States is prohibited".
WC sill FALSE MANIFEST& LACE & MANIFEST.
Section 584 of the Tariff Act of 1930 (19
U.S.0 1584) is amended?
(1) by striking out "2500" each place it ap-
pears and inserting in lieu thereof 11,000";
(2) by striking out "250" in subsection
(aril/ and inserting in lieu thereof "$1,000",
(3) by striking out "$25" in subsection
(a)(2) and inserting in lieu thereof "2500'
and
(4) by striking out "210" in subsection
(a)(21 and inserting in lieu thereof "$200".
GRESSIONAL RECORD ? HOUSE October 17, 1986
SSC WA (MAW= UNLOADING OF MIRCIIANDISE stances indicating that the purpose of the
Section 588 of the Tariff Act of 1930 (19 transfer is to make it possible for such mer-
U.S.0 1586)15 amended? chandise, or any part thereof, to be Intro'
(1) by striking out "81,000" wherever U ap- duced into the United States unlawfully.
pears and inserting "210,000"; and and for purposes of subsection le) or section
(2) by amending subsection lel? 596, shall be prima fade, evidence that an
(A) by striking out "one league of the coast aircraft or, vessel was used in connection
Of the United States" and inserting "cus- with, or to aid or facilitate, a violation of
toms waters"; and this section:
(B) by striking out "2 years" and inserting "(1) The operation of an aircraft or a '
"15 years". . vessel without lights during such times as
SEC JIM AVIATION SMUGGIJN& ? lights are required to be displayed under op.
Part V of title of the Tariff Act of 1930 Saleable !gla-
ir amended by adding after section 589 the "(2) The presence on an aircraft of an aux-
following new section: _ iliary fuel tank which is not installed in ac-
'see ma AVIATION SIIIGGLINC cordance with applicable law.
"la/- IN OSIMMAL.?It is unlawful for Use "(3) The failure to identify correctly?
pilot of any aircraft to transport, or for any "(A) the vessel by name or country of regis-
individual OR board any aircraft to possess. troll" or
merchandise knowing, or intending, that the "(B) the aircraft by registration number
merchandise will be introduced into the and country of registration.
United States contrary to law. -when requested to do so by a customs officer
"(id Sea TitAtizarns.?It 'mime/11110r any or other government authority.
person to transfer merchandise between an 'IV The external display of false registra-
aircraft and a vessel on the high seas or in um numbers, false country -of registration,
the customs waters of the United States if or, in the case of a vessel, false vessel name.
such person has not been authorized by the ..(5) The presence on board of unmant/est-
Secretary to make such transfer and?. ed merchandise, the importation of which is
"a) eitherr? prohibited or restricted.
"(A) the aircraft is owned by a citizen of ..(8) The presence on board of controlled
United States, or ? substances which are not manifested- or
the United -States or is registered in the
A..., which are not accompanied by the permits
"I'B) the vessel is a vessel of the Miran ar names required wider singe omen;
Stales (within the meaning of section 3(b) of mon on Narcotic Drugs or other internation-
the Anti-Smuggling Act (19 U.S.0 1703(b)), ai treaty.
or "(71 The presence of any compartment or
"(2/ regardless of the ooltonalll2 of Use equipment which is built or fitted out for
vessel or aircraft, such transfer is made muggliag.
under circumstances indicating the intent ..(8) ne failure of a vessel io stop when
to make it possible for such merchandise. Or hailed be a customs officer or other govern,
any part thereof, to be introduced into the wait authority....
United States unlawfully. 8SC. sm. =WM
"lc) Crett. Pzmarrzs.?Any person who trio-
Section 594 of the Tariff Act of 1930 (19
U.S.0 1594) 48 amended to read as follows:
Vac SOL SEM= OF CONVEYANCES
"(a) IN GErrotAL?Wheriever?
"(1) any vessel, vehicle, or aircraft; or
"(2) the owner or olierator, or the osoelei.
pilot, conductor, driver, or other person in
charge of a vessel. vehicle, or aircraft;
totes any provision of this section is liable
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 mer-
chandise shall be determined in accordance
with section 497(b).
"id/ CanzrzAz PENALTIZIL?In addition to
being liable for a civil penalty under subsec-
tion (c), any person who intentionally com-
mits a violation of any provision of this sec-
Hon is, upon conviction?
"CU liable for a fine of not more than
$10,000 or-imprisonment for not more than
5 years, or both, if none of the merchandise
involved was a controlled substance; or
"(21 liable for a fine or not more than
$250,000 or imprisonment for not more than
20 years, or both, if any of the merchandise
involved was a controlled substance .
"(e) Siam AND FORrixTORS.?
"ID Except as provided in paragraph (2),
a vessel or aircraft used in connection with;
or in aiding or facilitating, any violation of
this section, whether or not any person is
charged in connection with such violation,
may be seised and forfeited in accordance
. with the customs laws.
"(21 Paragraph (1) does not apply to a
vessel or aircraft operated as a common car-
Tien"
"(f) Mortairom ltrotcnatitess.As used
in this section, the term 'merchandise'
means only merchandise the importation of
which-into the United States is prohibited or
restricted.
"(g) Izmir or Truism or Mzecuarrozez.?
For purposes of imposing civil penalties
? - under this section, any of the following acts,
when Performed within 250 miles of the ter-
ritorial 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 circum-
is subject to a penalty for violation of the
mistake laws, the conveyance involved shall
be held for the payment of such penalty and
map be seised and forfeited and sold in ac-
cordance with the customs laws. The pro-
ceeds of sale, if any, in mem of the assessed
penalty and expenses of seising, maintain-
ing, and selling the property shall be held for
the account a/ any interested Party.
"(b) Excerrrons.?No conveyance used by
oily 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 mer-
chandise contained?
"(I) on the person;
"(2) in baggage belonging to and accompa-
nying a passenger being lawfully transport-
ed 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 mani-
fest;
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.
"lc) PRONIBITID MEncrourorsz ON Conver-
ser-Ie.?If any merchandise 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 (rue-
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CONGRESSIONAL RECORD ? HOUSE H 11245
nese as a common currier in one or more
packages or containers?
"IA) that are not manifested (or not shown
on bilis of lading or airway bills); or
"(13) whose marts, numbers, weight or
, tontines disagree with the manifest (or
nth the bilk of lading or airway bilk); or
"IV concealed in or on such a conveyance,
but not in the cargo;
the conveyance may be seized, and after in-
vestigation, forfeited unless U is established
that neither the owner or operator, neaten
pilo& nor-any other employee responsible for
maintaining and insuring the accuracy of
Use carer, manifest knew, or by the exercise
of the highest degree of care and diligence
could have known, that such merchandise
was on board. .
"Id) D517111170AIR?For purposes olthis sec-
tion? ?
'(11 The term 'owner or operator' in-
cludes?
,a lessee or person operating a convey-
ance under a rental agreement or charter
party; and
"(B) the officers and directors of a
corporation;
"IC) station managers and similar super-
visor, ground personnel employed by air-
lines.'
"IDI one or more partners ala partner-
ship:
"Idi representatives of the owner or opera-
tor as charge of the passenger or cargo oper-
ations at a particular location; and
-
"(P) and other persons with similarre-
sponsibudies.
'41/ The term 'master' and similar lams
relating to the person in charge of a convey-
? Includes the purser or other person on
the conveyance who is responsible for main-
taining records relating to the cargo trans-
ported in the conveyance.
"tad Caere asp Weems or Stoma?
When a common carrier has been seised in
accordance with the provisions of subsec-
tion (c) and, it is aubsequently determined
that a violation of such subsection occurred
but that the vessel will be released, the con-
veyance is liable for the costa and expenses
oft)'. seizure and detention.".
SEC SIZE SEARCH'S AND SZZEURSIA
&MOS soma; of the Tariff Act of 1030 118
.U.S.0 15951a11 is amended to read as fol-
lows:
"(a) WARRANr.?(I) If any officer or person
authorised to maks searches and Mares
has probable cause to believe that?
"(A) any merchandise upon which the
duties have not been paid, or which has been
&Aerates brought Into the United States Im-
lay/nag;
"(B) any property which is subject to for-
feiture under any provision of law enforced
or administered by the United States Cats-
toms Service; or
"/C) any document. container. Wrapping,
or other article which is evidence of a viola-
tion of section 592 involving fraud or of any
other law enforced or administered by the.
United States Customs Service,
is in any dwelling homes, 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 magistrate, and
Mail thereupon be entitled to a warrant to
enter such dwelling house in the daytime
only, or such store or other place at night or
by day, and to search for and seise such mer-
chandise or other article described in the
warrant.
121 If any house, Hon 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 be-
tween tile United States and a foreign cam-
try. such portion thereof that is within the
United States may be taken down or re-
moved ".
SEC nu FORFIUMISS.
Section 598 of the Tariff Act of 1930 (19
U.S.0 1595a) is amended?
ID by striking out "the proviso to"-in sub-
section (a) and inserting "subsection (b) or
(a) of";
(2) by striking out "shall" in subsection
(a) and Inserting "may"; and
(3) by adding at the end thereof the follow-
ing new subsection:
le Any merchandise that is introduced
or attempted to be introduced into the
Vetted States contrary to law (other than in
violation of section 592) may be seised and
forfeited.".
SSC size PROMOS Or FORFEITED PROPERTY.
Section 613 of the Tariff Act of 1930 (1.9
MSC. HIV is amended by adding at the
end thereof the following new subsections:
"(c) Ilessrmairr or DSPOSITS.?If property
is seized by the Secretary under law enforced
or administered by the Customs Service, or
otherwise acquired under section 605, and
relief from the forfeiture is granted by the
Secretarg, or his de/ranee, upon terms re-
quiring the deposit or retention of a mone-
tary amount in lieu of the forfeiture, the
amount recovered shall be treated in the
same manner as the proceeds of sale of a for-
Ailed item
"(d) latiowsis.?In any judicial or admin-
istrative proceeding to forfeit property
under any law en/tweed 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 institution 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....
SSC 3225. CONMSAITON TO INFOIDiellt
Section 619 of the Tariff Act of 1930 Ile
U.S.0 1119) is amended to read a:follows:
"(a) IN GsralLar..?If--
- 11) any person who Is not an employee or
officer of the United States?
IA) detects and seises any vessel, vehicle,
aircraft, merchandise, or baggage subjeet to
seizure and forfeiture under the customs
laws or the navigation laws and reports
such detection and seizure to a CIIIIORIS Offi-
cer. or
"MI furnishes to a United States attorney,
the Secretary of the Treasurn or any cus-
toms officer original information concern-
ing?
"IU any fiend upon the customs revenue,
or
"(ii) any violation of the customs laws or
Us. navigation laws which is being, or has
been, perpetrated or contemplated by any
other person; and
'12) ruck detection. and seizure or such in-
formation leads toe recovery of?
? "IA1 any duties withheld. or
"(13) any fine, penalty. or ftwfature of
property Osourrate'
the Secretary may aWard and pay such -
person an amount that does not exceed 25
percent of the net amount so recovered.
"(b) Foments PnoeraTT Nor SouL?If?
"ID any vessel, vehicle, aircraft.. merchan-
dise. or baggage is forfeited to the United
States and is thereafter. in lieu of sale?
"(D) destroyed under the customs or navi-
gation lam, or
"1111 delivered to any governmental
agency for official use, and
"121 any person would be eligible to re-
ceive 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 41' suchsuch for-
feited property.
"(c) DOLLAR LIMITATION.?The amount
awarded and paid to any person under this
section may not exceed $250.000 for any.
Cale
"(d) SOURCE Or PAYMENT.?Unlou other-
wise provided by law, any amount paid
under this section shall be paid out of ap-
propriations available for the collection of
ths customs revenue.
"(e) Simmer or BAIL BOND.?For pur-
poses of this section, an amount recovered
under a bail bond shall be deemed a recovery
ala fine incurred.':
Sec MX FOREIGN LANDING CERTIFICATES
Section 622 of the Tariff Act of 1930 (19
U.S.0 1622) is amended by inserting before
the period at the end thereof the f011awing:
or to comply with international obliga-
tions':
SEC JIM EXCHANGE' OP INFORMATION WITH FOR-
SIGN AGINC1121.
Part V of title IV of the Tariff Act of 1930
Is amended by adding at the end thereof the
following new section;
-WC at =CHANGE or INFolteArlont
"(a) In Garsza.?The Secretary may by
regulation authorize customs officers to ex-
change information or documents with for-
eign customs and law enforcement agencies
If Use Secretary reasonably believes the ex-
change of information is necessary to?
"(1) insure compliance with any law or
mutation enforced or administered by the
Customs Service;
"IV administer or enforce multilateral or
bilateral agreements to which the United
States is aParty; -
13) assist in investigative. Judicial and
quasi-judicial proceedings in the United
States; and
"(V an action comparable to any of those
described in paragraphs Ill through (4) un-
dertaken by a foreign customs or law en-
forcement agency. or in relation to a pro-
ceeding in a foreign country.".
"(b) NONDISCLOSURE AND USES OP INFORM-
MN PROVIDED,?
'11) Information may be provided to for?
eign 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 pur-
poses for which such information is provid-
ed to such agencies by the Secretary.
"(2) No information may be provided
under subsection fa) to any foreign customs
or law enforcement ageRCy that has violated
any assurances described in paragraph (D.".
SEG MA INSPECTIONS AND PitgaSARANcs IN
IFORISCN CODN'lluss
Part V of title IV of the Tariff Act of 1930
Is further amended by. adding at the end
thereof the following new section:
*SEC m INSPECTIONS AND PRECLEARANCE IN
FOREIGN Commis
"Ial IN GENERAL?When authorised by
treaty or executive agreemen4 the Secretary
may station customs officers in foreign
countria for the purpose 01 examining ger'
sons and merchandise prior to their arrival
In the United States.
"(b) lurscrroNs AND Durres.?Customs offi-
cers stationed in a foreign country under
subsection (a) may exercise such functions
and Perform such duties (including inspec-
tions, searches, seizures and arrests) as may
be permitted by the treaty, agreement or law
of the country in which they are stationed.
"fc1 CoNrsumcs.?The Secretary may by
regulation require compliance with the cus-
toms laws of the United States in a foreign
country and, in such a case the customs
laws and other civil and criminal laws of
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11 11246 CONGRESSIONAL RECORD ? HOUSE October 17, 1986
the United States relating to the importa- (v) section 304(a) and (c) of the Federal 1131 covert activities are concluded, which-
Lion of merchandise, filing of false state- Property and Administrative Services Act of ever occurs later.
ments, and the unlawful removal of mer- 1949 (41 U.S.C. 254(a) and (c)/, and (2) The term "employees" means employ-
chandise from customs custody shall apply (B) to establish or to acquire proprietary ees, as defined in section 2105 of title 5 of
In the same manner as if the foreign station corporations or business entities as part of the United States Code, of the Service.
is a port of entry within the customs tern- the undercover operation, and to operate (3) The terms "undercover investigative
tory of the United States. such corporations or business entities on a operation" and "undercover operation"
"(d) Szrzunzs.?When authorized by commercial basis, without regard to sections mean any . undercover investigative over-
9102 and 9103 of title 31, United States ation of the Service?
Code; (A) in which?
(2) sum/ authorised to be appropriated for (i) the gross receipts (excluding interest
the Service and the proceeds from the under. earned) exceed nappy, or
cone* (Merano% may be deposited In banks (it) expenditures (other than expenditures
or other financial institutions without for salaries of employees) exceed $150,000:
regard to the provisions of section 648 of and
title 18, United States Code, and section (B) which is exempt from section 3302 or
3302 of title 31, United States Code; and 9102 of title 31, United States Code;
anon may be used to offset necessary and =cot that subparagraphs (Al and (B) shall
(3) the proceeds from the undercover oPer-
remonable expenses incurred in such oper? not apply with respect to the report required
ation without regard to the provons of under Paragraph (2) of subsection (d).
only upon the written certification of the AUTHORIZATIONS AND FORmrour FUND
treaty, agreement or foreign law, merchan-
dise which is subject to seizure or forfeiture
under United States law may be seized in a
foreign country and transported under cus-
toms custody to the customs territory to the
United States to be proceeded against under
the customs law.
"le) STATIONING OF FOIISION CUSTOMS Om-
CSRS IN THE UM= STAITS.?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 cus-
toms and other laws tt I that country govern-
ing the importation of merchandise. Any
foreign customs official stationed in the
United States under this subsection may ex-
ercise such functions and perform such
duties as United States officials may be au-
thorised to perform in that foreign country
under reciprocal agreement.
"(f) APPLICATION OP ?atrium Laws.?When
customs officials of a foreign country are
stationed in the United States in accordance
with subsection le), and if similar provi-
sions are applied to United Stoles officials
stationed in that country?
"(1) sections 111 and 1114 of title 18,
United States Code, shall apply as if the Offi-
cials 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 falsi-
fies, 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 Longer necessary for the conduct of such (m-
any false writing or document knowing the eratiom euchproceede or the balance of such
same to contain any false, fictitious or proceeds remaining at the time shalt he de,
fraudulent statement or entry, is liable for a posited into the noway of the united
fine of not more than $10,000 or imprison- states as miscellaneous receipts.
merit for not more than 5 years, or both.". (d) &MITS.?al The Service shall conduct
PART 3?UNDERCOVER CUSTOMS a detailed financial audit of each undercov-
OPERA77ONS t,r investigative operation 'Mich is closed in
section 3302 of title 31, United States Code; PART 3?CUSTOMS SERVICE
Commissioner of Customs (or, if designated SSC 1141. AUTHORIZATION APPROPRIAIWNS
by the Commissioner the Deputy or an As. rolt FISCAL YEAR HMI FOR THE
sistant Commissioner of Customs) that any UN= Mfrs CUSTOMS SERTICL
action authorized by paragraph (1), (2), or /a/ AUTHORIZATION1L?Secnon 301(b) of the
(3) of this subsection is necessary for the Customs Procedural Reform and Siniplifica-
conduct of such undercover operation. tion Act of 1978 (19 U.S.0 2075(b)) is
(b) LIQUIDATION or COaratarrobs AND Bus'- amended as follows:
NESS Etmrizs.?If a corporation or business "(b)(1) There are authorised to be appro. -
entity established or acquired as part of an piloted to the Department of the Treasury
undercover operation under paragraph not to exceed $1,001,180,000 for the salaries
(1)(B) of subsection (a) with a net value and expenses of the United States OMMOMS
over $50,000 is to be liquidated, sold, or 0th- Service for fiscal year 1987; of which-
- trivia. disposed of, the Service, as much in "(A) $749,131,000 is for salaries and =-
advance as the Commissioner or his desig- pews to maintain current operating levels,
nee determines is practicable, - shall report and includes such sums as may be necessary
the circumstances to the Secretary of the to complete the testing of the prototype of
Treasury and the Comptroller GeneraL The the automatic license plate reader program
proceeds of the liquidation. sale, or other and to implement that program:
disposition, after obligations are met, shall "(B) $80,999,000 is for the salaries and se-
be deposited in the Treasury of the United penses of additional personnel to be used in
States as miscellaneous receipts. carrying out drug enforcement activities;
(C) DEPOSIT or Pieocszas.?As soon as the and
proceeds from an undercover investigative "IC/ $171,050,000 is for the operation and
operation with respect to which an action is maintenance of the air interdiction Pro-
authorised and carried out under Para- gram of the Service. of which?
graphs (2) and (3) of subsection (a) are no "(i/ $93,500,000 is for additional aircraft,
communications enhancements, and com-
mand, control, communications, and intelli-
gence centers. and
"NO $350,000 is for a feasibility and appli-
cation study for a low-level radar detection
system in collaboration with the Los Alamos
National Laboratory.
,"(2) No part of any sum that is aPProPri-
SEC JUL
UNDERCOVER Pirefinirrrit Orelt- each fiscal year, and ated under the authority of paragraph (I)
ATIONS OF THE aTroMS Mr= (Al submit the results of the audit in unit- may be used to close any port of entry at
(a) CSRTIPICATION REQUIRXD FOR Exestrirom ing to the Secretary of the Tm'asurY; and which, during fiscal year 1986?
or UNDERCOVER OPSAATTONS Fitow Celina UV not later than 180 days after such un- "(A) not less than 2,500 merchandise en-
LAW/S.?With respect to any undercover in- dercover operation is closed, submit a report tries (including informal entries) were
vestigative operation of the United States to the Congress concerning such audit. made; and
Customs Service (hereinafter in this section (2) The Service shall also submit a rePort "(B) not less than $1,500,000 in customs
referred to as the "Service") which is neces- annually to the Congress specifying as to its revenue, were aseeseed....
sary for the detection and prosecution of of- undercover investigative operations? (b) Sive.= Enacrivz DATE Rtrzz.-11 the
lenses against the United States which are (A) the number, by Programs, of undercov- bat H.R. 5.100. (providing for /came/fatten
the Treasury? end ar the 1-gear period for which such and includes an amendment to section
of the budget for fiscal year 1987) is enacted
within the jurisdiction. of the Secretary of er investigative operations pending as of the
(I) sums authorized to be appropriated for rePort is subMitted: 301(b) of the Customs Procedural Reform
the Service may be used? (B) the number, by ProVrame. of undercov- and simplification Act of len which is
(A) ic Purchase property, buildings, and er investigative "grad*" eanunenv___,Id, ,....in identical to the amendment made by subsec-
other facilities, and to lease space. within the 1-year period preceding the sm,-.... .rm mon (a) of this section. then the amendment
the United States, the District of Columbia, which such report issubmitted; and made by subsection (a) shall have no effect,
and the territories and possessions of the (C) the number. by Programs, of undercov- sic sus. =mg gouggnvng lova
United States without regard to? er investigative operations closed in the 1-
(i) sections 1341 and 3324 of title 31, year period preceding the period for which (a) AMEMOMENT.--SeSHOS 813a of the Tariff
United States Code, such report Is submitted and, with respect to Act of 1930 (19 U.S.0 1613b) is amended?
Iii) sections 3732(a) and 3741 of the Re- each such closed undercover operation. the (1) by amending subsection (a)?
vised Statutes of the United States (41 results obtained and any civil claims made (A) by striking out "1987" in the first sen-
U.S.0 11(a) and 22), with respect thereto. team and inserting "1991"?
Mil section 305 of the Act of June 30, 1949 (e) DEIGNITIONS.?For purposes of subsea- (R) by inserting "(inclining investigative
(63 Stat. 391:41 'U.S.C. 255), Non (d/?costs leading to seizures)" after "seizure" in
(iv) the third undesignated paragraph (1) The term "closed" refers to the earliest paragraph ilk
under the heading "Miscellaneous" of the point in time at which-.- (C) by inserting "and" after the semicolon
Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. (A) all criminal proceedings (other than at the end of paragraph IC;
34), and appeals/ are concluded, or (D) by striking out paragraph (5);
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October 17, 1988 CONGRESSIONAL RECORD ? HOUSE
(E) by redesignating paragraph 18/ 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?
"IV purchases by the Customs Service of
evidence of?
"( I) smuggling of controlled substances.
and
"(II) violations of the currency and for-
eign transaction reporting requirements of
chapter 51 of title 31. United States Code, if
there is a substantial probability that the
violations of these requirements are related
to the smuggling of controlled substances;
"NU the equipping for law enforcement
functions of any vessel, vehicle, or aircraft
available for official use by the Customs
Service;
"Mil the reimbursement, at the discretion
of the Secretary, of private citizens for ex-
penses 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 section VS."; and
(2) by amending subsection (f) to read as
follows:
"(f)(1) There are authorized to be appro-
priated 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 $20,000.000 shall be depos-
ited in the general And of the Treasury. At
the end of fiscal year 1991, any amount re-
maining in the fund shall be deposited in
the general fund of the Treasury, and the
fund shall cease to exist. ".
lb) Zsyscrrtm DATZ?The amendments
made by subsection (a) shall take effect Oc-
tober 1, 1988.
PART 4?MISCELL4NEOUS CUSTOMS
AMENDMENTS
SIC JUL RSCRSATIONAL VESSELS.
Section 12109(b) of title 48. United States
Code, is amended by adding at the end the
following "Such vessel must, however,
comply with all customs requirements /or re-
porting arrival under section 433 of the
Tariff Act of 1930 (19 U.S.0 1433) and all
persons aboard- such a pleasure vessel shall
be subject to all applicable customs regula-
tion& ".
SIC MSS ASSISTANCS FOR CUSTOMS OFFICSRI
Section 3071 of the Revised Statutes of the
United States (19 U.S.0 507) is amended to
read as follows:
"Sec. 3071. (a) Every customs officer
Mall?
"(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 as-
sistance of any person in making any arrest,
search, or ensure authorised by any law en-
forced or administered by customs officers,
if such assistance may be necessary.
If a person, without reasonable excuse, ne-
glects 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 States who renders
assistance in good faith upon the request of
a CUStOMI officer shall not be held liable for
any civil damages as a result of the render,
ing of such assistance if the assisting person
acts at an ordinary, reasonably prudent
person would have acted under the same or
similar circumstances. ".
SSC JUL REPORTS ON SXPORTS AND IMPORTS OF
MONSTARY INSTRUMSYTS.
Section 5316(a)(2) of title 31, United
States Code, is amended by striking out
"$5.000" and inserting in lieu thereof
"$10.000".
PARTS?AMENDMENTS TO THE CONTROLLED
SUBSTANCES IMPORT AND EXPORT ACT
MC 3115. POSSSSSION, MANUFACTURIL OR OMNI-
RUMS FOR PURPOSES OF' UNLAWFUL
IMPORTATION
(a) AMENDSIVIT ? ro Acr.?Section 1009 of
the Controlled Substances Import and
Export Act (21 U.S.C. 959) is amended?
(1) by inserting "eossesslow," in the head-
ing
(2) by striking out "It shall" and inserting
In lieu thereof "(a) It shall";
(3) by striking out "This section" and in-
serting in lieu thereof "(c) This section";
(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/al-
lowing new subsection:
"lb) 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 con-
trolled substance; or
"(2) possess a controlled substance with
intent to distribute."
(b) COMO:WM A.Weroaseszer.?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 insert-
ing in lieu thereof "Possession. manufac-
ture".
Sabtitk C?Maritime Dreg Lew Enforcement
Promotion Improyeaseets Act .(1S81
SSC not:stow MLA-
This subtitle may be cited as the "Mari-
time Drug Law Enforcement Prosecution
Improvements Act of 1988".
SIC nes. ImPeoritmENT OF MINIX LAW se-ma
The Act entitled "An Act to facilitate in-
creased enforcement by the Coast Guard of
laws relating to the importation of con-
trolled substances, and for other ',unman".
approved September 15, 1980 (Public Law
98-350; 94 Stat. 1159) is amended by striking
all after the enacting clause and inserting in
lieu thereof the Allowing "That this Act
may be cited as the 'Maritime Dry, Law En-
forcement Act:
"Sec. 2. The Congress finds and declares
that trafficking in controlled substances
aboard vessels is a serious international
problem and is universe/1y condemned.
Moreover, such trafficking presents a +DMA
ic 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 inten-
tionally manufacture or distribute, or to
possess with intent to manufacture or die-
tribute, a controlled substance.
"lb) For purposes of this section, a 'vessel
of the United States' means?
"ID a vessel documented under chapter
181 of title 48, United States Code, or a
vessel numbered as provided in chapter 123
of that Ha.;
"(2) a vessel owned in whole or part by?
"(A) the United States or a territory, com-
monwealth, or possession of the United
States.'
"(131 a State or political subdivision there-
of;
? "(C) a citizen or national of the United
States; or
H 11247
"WI a corporation created under the laws
of the United States or any State, the Dis-
trict of Columbia. or any territory, common-
wealth, or possession of the United States;
unless the vessel has been granted the na-
tionality of a foreign nation in accordance
with article 5 of the 1958 Convention on the
High Seas; and
"(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 jurisdiction of the
United States' inctudes?
"(A) a vessel without nationality;
"(B) a vessel assimilated to a vessel with-
out nationality, in accordance with para-
graph (2) of article 6 of the 1958 Convention
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;
"ID) 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 enforcement of United States
law by the United States under paragraph
(C) or (p of this paragraph may be ob-
tained by radio, telephone, or similar oral or
electronic means, and may be proved by cer-
tification 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, tele-
phone, or similar oral or electronic means.
The dental of such claim of registry by the
claimed flag nation may be proved by certi-
fication of the Secretary of State or the Sec-
retary'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 documents evidencing the ves-
sel'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 regis-
try by the master or person in charge of the
vessel.
"Id) 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 pro-
ceeding under this Act.
"le) This section does not apply to a
common or contract carrier, or an employee
thereof, who possesses or distributes a con-
trolled 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 distrib-
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H 11248
ides a controlled substance in the lawful CU additional appropriations are made
course of such person's duties, if the con- available in appropriations Acts for that
trolled substance is a part of the cargo en- purpose; or
feted in the vessel's manifest and is intend- 12) funds are transferred to the secretary
? ed to be lawfully imported into the country of Transportation for that purpose pursuant
of destination for scientific, medical, or this Act.
other legitimate purposes. it shall not be
necessary for the United States to negative &Wide E?Vaitod States-Bahaas Drug
the exception set forth in this subsection in Interdiedon Task Force
any complaint, information, indictment, or SSC SAL iSTARLISIDATNT OF A UNffED STATES-RA-
other pleading or in any trial or other pm- MAMAS DRUG INIZROIC770N TASK
?ceding. The burden of going forward with notin&
the evidence with respect to this exception Is la/ AUTHORIZATION OF APFROFRIATIOtaL-
- upon the person claiming its benefit.
shall be tried in the United States district Mag_DRVG mmanm77?14_ nen ____,eimmt??(A)
court at the point of entry where that person There is authorizedur be nininginann
enters the United States. or in the United United States-Bahamas Drug Interdiction
States District Court of the District of Co- Talk Force to be operated ininaY by the
iumbia." United States Government and the Govern-
"(0(1) Any person who commits an of meta of the Bahama.
fense defined in this section shall be pun- (B) The Secretary of State. Die Cowman-
tailed in accordance with the penalties set dent of the Chart Guard, the Commissioner
forth in section 1010 of the Comprehensive of Customs, the Attorney General, and the
Drug Abuse Prevention and Control Act of head eat National Narcotics Borger Baer.
1970 (21 U.S.C. 960). diction -System 1NNB1S), shall upon enact-
"(2) Notwithstanding paragraph (1) of ment of lids Act, immediately commence ne-
this subsection, any Person convicted of angotiations with the Government of the Ba-
offense under this Act shall be punished in maim to enter into a detailed agreement for
accordance with the penalties set forth in the establishment and operetta, of a new
section 1012 of the C12?11?ehemitim Drug ? drug interdiction task force, including plans
Abuse Prevention and Control Act of 1970 for NI the Joint operation and maintenance
(21 U.S.0 962) if such offense is a second.? of any drug interdiction assets authorised
subsequent offense as defined in section
1012(b) of that Act. for the task force in this section and section
"(h) This motion is intended to reach gess 3141, and nit any training and Personnel
of possession, manufacture, or distribution enhancements _anal/rifted in this me."'"
committed outside the territorial jurisdic- nd section
1.
tion of the United States. (C) The Attorney General 'shall report- to
"IV The definitions in the Comprehensive the appropriate committees of Canonss on a
Drug Abuse Prevention and Control Act of quarterly basis regarding the Prognas of the
1970 (21 U.S.C. 802) apply to terms used in United States-Bahamas Drug Interdiction
this Act. Task Force.
"(j) Any person who attempts or consPires (2) Astourcis eursostren.-77sent are au-
to commit any offense defined in this Act is thormed to be appropriated. in addition to
Punishable be imprisonment -or fine, ar any other amounts authorised to be amino-
both, which may not exceed the maximum _d.j.... this tide. $10,000,000 for the fol.
punishment prescribed for the offense, the TsWorris:
commission of which was the area of the
attempt or conspiracy. 39,000,090 for 3 drug interdiction pus'
"Sm 3. Any property described in section mit belicelitein for use Primarily for ?Per"
prevention and cystroi Act of ing (21 interdiction Teak Force established- tinder
CONGRESSIONAL RECORD ? HOUSE October 17, 1986
Santa F?Comainged Control Caugankations.
ad Intelligence Calm
"IP Any person who violates this section
a) LITARLISHMTAT 01 rA UNIT= STATZI-RAHA-
511gaj of the Comprehensive Dm- Abuse stains o I the United Bates-Bahamas Drag
U.S.0 881(a)) that is used or intended for this section; and
use to commit, or to facilitate the commis- (B) $1,000,000 to enhance comminiications
*ion cf. an offense under this Act shall be capabilities for the Mershon of a United
subject to seizure and forfeitfire in the same States-Bahamas Drug ? Interdiction Task
manner GO similar property seised or forfeit- Porte established under this section.
ed under section 511 of the Comprehensive Cour ouiso-acquaus Dego nirsiumc-
Drug Abuse Prevention and Control Act of sio? poorly:, 1,Acany._1A, Them is author.
1970 (21 U.S.0 81111.". ised to be appropriated for acquisition, con-
Subtitle D.Ceast Gard struction, and improvements for the Coast
SEC MI. COAST GUARD DRUG virsitittentOti ste. Guard for fiscal year 1987. $5,000,090, to be
MANCEMENZ used for banal design engineering, and
ta) ADDITIONAL AUTHORIZATIONS MA TIM other activities for construction of a drug
A.
aha
SSC AUL ESTABLISHMENT' OF COMMAND. CONTROL,
COMMUNICATION& AND INTELLIGENCE
CKATKRS
There are authorised to be aPPropriated
325,000.000 to the United States Customs
Service for the establishment of command,
control, communications, and isidellionice
IC-311 centers, including sector operations
centers and a national command, control,
communications. and intelligence (C-311
center, in locations within the United
States. The coordination of the establish-
ment and location of such C-31 centers shall
be conducted by the Commissioner of Cus-
toms; to gether with the Commandant of the
Coast Guard; the Attorney General of the
United States; and the National Narcotics
Border Interdiction System INNBIS1.
Coon* Gaga? interdiction docking
at There are authorised to be aPYIVIITS- 21148 to facilitate Coast Gard and Baha- tag:
ated for Acquisition, Construction, and ins- mian drug Interdiction operations in and ..ty) Inspection by lam enforcement off/.
provements of the Coast Guard. 389,004000. through the Bahama islands, of the
proaprgal There
fact?: herOtrattagauthicrIxpenseartred t? ofbe atrieli. thamirsubeell" :tion.lahoriZis mug? b. .8.14""naledsmar be seca.th (b)(1) Subsection (q) of section 902 of the
Federal Aviation Act of 1958 NS U.S.C.
Coast Guard $39,000,000. This amount shall serif Mail he sealable for necessary comma- 1472(7)) is amended to mad as fonowc
be used to increase the full-time equivalent niceties and air support. "vidtencitis nt comacnott earn
strengthlevel for
the Coast Guard for
active skull
The Cnniniendame Of She Caen Guard riwaroarArrom or cownsousa SUBSTAAFCRS
duty Pessanaci far fiscal Yeas 1"7 la 39.224 use wick amounts airruiniated Masa' 'WI) It shell be wagtail'. in connection
and to increase the utilisation rate of Coast oat to the aushasieattaa in this paragraphwith an
act described in paragraph (2) and
Guard equipment. MI Aswan to Apornom ro Oran C14 may be necessary to establish a repair, with tommiedoe of midi act, for mu omen_
maintenance, and haat lift facility to pro' "(A) who is Me owner of an aircraft Mtn-
Amotscrs.?The amounts authorised to be ap-
propriated for the Coast Guard by this sec- vide repair and maintenance services fin. ble for registration under section 501. to
tion are in addition to any amounts other- both Coast aimed and Bahamian marine knowi? nply and willfully operate, attempt to
drug interdiction equipment, vessels, and re- operate, or permit any other person to *Per-
(a) AUTHORIZATION Stutacntan?Nothing lated asset& ate such aircraft if the aircraft is not reefs-
wise authorised by lam
in this Act shall require the coast Guard to (bI CONameRstics as Sams:WIT or Sven? tend under section 501 or the certificate of
recruit, compensate, train, purchase, or Programs authorised by this MHOS May be registration Of the aircraft is suspended or
deploy any personnel or equipment except to carried out only with the concurrence of the revoked, or if such person does not have
the extent that? Secretary of State. proper authorisation to operate or navigate
Subtitle 6?Transportation Safe*
SEC sa). AIR 8.41117.
(a)(11 Section 902(b) of the Federal Avia-
tion Act of 1958 (49 U.S.0 App. 1472(b)) is
amended by adding at the end the following:
"(3) Nothing is this subsection or ia any
other provision of this Act shall Preclude a
'State from establishing criminal penalties,
including providing for forfeiture or seizure
of aircraft, /Or a person who?
"at knowingly and willfully forges. COWL-
terfetts, alters, or falsely makes an aircraft
registration certificate:
"(13) knowingly sells, sees, attempts to use,
or possesses with intent to use a fraudulent
aircraft registration certificate:
"(C) knowingly and willfully displays or
causes to be displayed 011 any aircraft any
'narks that are false or misleading as to the
nationality or registration of the aircraft or
"(DI obtains an aircraft registration cer-
tificate from the administrator by knowing-
le 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;fictiticus, or
fraudulent statement or entry. .
(2) Section 501, of the Federal ariatOila
Act of 1958(49 U.S.0 App. 1401) is amended
by adding at the end the following nets sub-
section: -
"nitgernrom IT SAW soroncsmarr cmoma
"(g) The operator of an aircraft shall make
available for inspection an aircraft's certifi-
cate of registration upon request by a Feder-
al State, or local law enforcement ?Moen".
(.1) 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 national-
ity."
Is amended by adding at the end the follow-
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the aircraft without registration for a
period of time after transfer of outrunship;
"(B) to operate or attempt to operate an
aircraft eligible for registration under see-
lion 501 knowing that such aircraft is not
registered under section 504 that the certifi-
cate of registration is suspended or revoked,
or that such person does not have proper an.
to operate or navigate the air-
craft without registration for a period of
time after transfer of ownership;
"(C) to knowingly, and willfully serve, or
aftenspt to serve, in any capacity as an
airman without a valid airman certificate
authorizing such person to serve in such a
capacity;
"(1)) to knowingly and will/ally emplby for
service or utilize any airman who does not
possess a valid airman certificate authoris-
ing such person to serve in such capacity;
"(X) to knowingly and willfully operate an
aircraft in violation of any rule, regulation,
or requirement issued by the Administrator
of the Federal Aviation Administration with
respect to the display of navigation or anti-
collision lights: and
"(F) to knowingly operate an aircraft with
a fuel tank or fuel system that has been in-
stalled or modified on the aircraft, unless
such tank or system and the installation or
modification of such tank or system is in ac-
cordance with all applicable rules; regula-
tions. and -requirements of the Administra-
tor.
"(2) The act referred to in paragraph (1) is
the transportation by aircraft of any con-
trolled substance or the aiding or facilitat-
ing of a controlled substance offense where
such act is punishable by death or imprison-
ment for a term exceeding one year under a
State or Federal law or is provided in con-
nection with any act that is punishable by
death or imprisonment for a term exceeding
one year under a State or Federal law relat-
ing to a controlled subleases (other than a
law relating to simple possession of a con-
trolled substance).
"(V A person violating this subsection
shall be subject to a fine not exceeding
S25,000, or imprisonment not exceeding 5
years, or both.
"(4) A person who, in connection with
transportation described in paragraph 124
?aerates an aircraft on which a fuel tank or
Ala system has been installed or modified
and does not carry aboard the aircraft any
certificate required to be issued by the Ad-
ministrator for such installation or modifi-
cation shall be presumed- to have violated
subparagraph (F) of paragraph (1).
"f5) In the case of a violation of inboard-
Prank (F) of paragraph ID, the fuel tank or
fuel system and the aircraft involved shall
be subject to seizure and forfeiture. The pro-
visions of law relating to?
"(A) the 'Rehm". summary and judicial
forfeiture, and condemnation of property/or
violation of the customs laws:
"all 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 re-
spect of such forfeitures: .
shall apply to seizures and forfeitures under
this paragraph. The Secretary may author-
ise such officers and agents as are necessary
to carry out *ensures 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 property under the customs
laws.
"(Si For purposes of this subsection, the
term 'controlled substance' has the meaning
given to such term by section 1020! the Con-
trolled Substances Act (21 U.S.0 802).".
(2) That portion of the table of contents of
the federal Aviation Act of 1958 which ap-
pears under the side heading
"Sec. 902. Criminal penalties."
is amended by striking the item relating to
subsection (a) and inserting the following:
"(q) Violations in connection with transpor-
tation of controlled sub-
stances.".
(c) Section 904(a) of the Federal Aviation
Act 01 1958 (49 U.S.C. 1474(a)) is amended?
"(1) by striking WOO" each place it ap-
pears and inserting in ilea thereof "85,000'"
(2) by inserting after the second sentence
the following: In addition to any other pen-
alty, if any controlled substance described
in section 584 of the Tariff Act of 1930 (19
U.S.0 1584) is found on board of. orbo 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 penalties provided for in sec-
tion 584 of the Tariff Act 01 1930 (19 U.S.C.
1584). utiles.' such owner or person is able to
demonstrate, by a preponderance of the evi-
denced. that such owner or person did not
know, and could not, by the exercise of the
highest degree of care and diligence, have
known, that any such controlled substance
was on board"; and
(3) by amending the third sentence to read
as 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. ".
OVID Section 1109 of the Federal Aviation
Act of 1958 (49 App. U.S.0 1509) is amended
by adding at the end thereof the following:
'tsposinto Titstessest0, owssztennt
"(f) Any person having an ownership in-
tense 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 Treas-
ury within 15 days after such sale, condi-
tional sale. transfer or conveyance such
notice as the Secretary of the Treasury may
by regulation rigid/a 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 dater after the date of enact-
ment of subsection (f) of section 1109 of the
Federal Aviation Act of 1958 as added by
this subsection. the Secretary of the Treas-
ury shall promulgate regulations establish-
ing guidelines by which persons or classes of
persons may apply for exemptions from the
filing requirements of subsection (f) of sec-
tion 1109. The Secretary of the Treasury
may exempt such persons or classes of per-
sons pursuant to such regulations.
(3) That portion of the table of contents of
the Federal Aviation Act of 1958 which ap-
pears under the side heading
"See: 1109. Application of existing laws re-
lating to foreign commerce."
Is amended by adding at the end thereof
the following:
"(f) Reporting transfer of ownership.".
SIC MIL DRUG AND HIGR'HAT SAN=
(a) Dream?The Secretary of Transporta-
tion shall conduct a study to determine the
relationship between the usage of controlled
substances and highway safety. Such study
shall include a simulation of driving condi-
tions, emergency situations, and driver per-
formance under various drug and dosage
conditions. Such study shall determine the
incidence of controlled substance usage in
highway accidents reniltng in fatalities and
the dosage levels for controlled substances
which are most likely to result in impair-
merit of driver performance.
11 11249
(b) Rsitonr.?Not later than one year after
the date of the enactment of this Act, the
Secretary Of Transportation shall submit to
Congress a report on the results of the study
conducted under subsection (a).
SEC ism EtYINGS PRO VISION
In any proceeding under section 11344 of
title 49, United States Code, involving an
application by a rail carrier (or a person
controlled. by or affiliated with a rail carri-
er) 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 applicant rail carrier, between July 20,
1984, and September 30, 1986 (1) filed an ap-
plication 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.
Weide II?Deperbormt ?thence Funds for Drug
Interdiction Opera:awn in Hawaii
SEC AIM ADDITIONAL FUNDS POH THE DEPART.
MINT 01 JUSTICE
There are authorised to be appropriated to
the Department of Justice for fiscal year
1987, in addition to any other amounts au-
thorised to be appropriated to the Depart-
ment for such fiscal year, $7,000.000 for heli-
copters week forward looking infrared radi-
ation detection devices for drug interdiction
operations in Hawaii.
Seabee CIMIUMISIkatilMO CIONVIdlii111
SEC JISL COMMUNICATION&
The Federal Communications Commission
may revoke any private operator's license
issued to any persorisnder the Communica-
tions Act 01 1934 (47 U.S.0 151 et seq.) who
is found to have willfully used said license
for the purpose of distributing, or assisting
in the distribution of, any controlled sub-
stance in violation of any provision of Fed-
eral law. In addition. the Federal Communi-
cations 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 communica-
tions equipment within the jurisdiction, of
the Federal Communications Commission
under the Communications Act of 1934 is
willfully being used for purposes of distrib-
uting, or assisting in the distribution of,
any such substance.
TITLE IV?DE3UNDREDUCTION
Subtitle A?Treatment and Rehabilitation
SSC MIL SHORT ITITA IISPERENCL
(a) This subtitle may be cited as the "Alco-
hol' and Drug Abuse Amendments of 1986".
lb) Except as otherwise specifically pro-
vided, whenever in this subtitle an amend-
ment or repeat is expressed in terms of an
amendment to 4 section or other provision,
the reference shall be considered to be a ref-
erence to a section or other provision of the
Public Health Service Act,
SIC iNs. spsaAL ALCOHOL ARUM AND DRUG
ARUSS PROGRAM&
Title XIX is amended by inserting after
section 19204 the fallowing new sections:
PART C?EMERGENCY SUBSTANCE ABUSE
TREATMENT AND RSHABILITA770N
'IPICTAL ALLOTMKNIS TO SUITS TOR ALCOHOL
ABUTS AND DRUG AWNS TAXAMTNT AND ROLA-
BILI1277011 PROGRAM
"Sec. 1921. (a) To carry out this section
and sections 1922, 1923, 508, and 509A there
are authorized to be appropriarad
$241,000,000 for fiscal year 1987. Of the total
amount appropriated under the preceding
sentence for fiscal year 1987, 8 percent shall
be added to and included with the amounts
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H 11250 CONGRESSIONAL RECORD ? HOUSE October 17,, 1986
otherwise available under this part for allot- "WI satisfy any requirement for the es- "1111 The Secretary may conduct data cot.
meats to States under section 1913 for such penditure of non-Federal funds as a condi- lection activities to enable the Secretary to
Mau. year, 70.5 percent shall be available lion for the receipt of Federal funds, or carry out this section,
for allotments to States ander this section "(V provide financial assistance to any "nestarsa ro no arwermerwroft or
for such fiscal year, 4.5 percent shall be entity other than a public or nonprofit pit- =mune' IllWaS
available for transfer to the Administrator vale entity. - "Sze 1922. The Secretary shall transfer to
of Veterans Affairs under section 1922 for "(4) The provirions of part A which are the Administrator of Veterans' Affairs the
such fteeol year. 1 Percent Roll he (mashie not inconsistent with this part shall apply amount which, under the second sentence of
to carry out section 1923 for such Areal with reaped to allotments made under this section 1921(a). is available for such trans-
year, and 18 percent shall be available to seenoa, fer. The ansinmt transferred pursuant to the
gar" gal Wett?148 561 and 5094 -fm. 811.214 "Id/ hi order to receive as allotment for a preceding sentence shall be used for outpa-
fiscal year. final year under subsection 11)). each Stdte tient treatment, rehabilitation. and counsel-
"Mint The allotment of it State under this 'has include with the application submitted fog under section 612 of tithe 32. United
section for a fiscal year shall be the SUM Of to the secretary seder section /gm a saw mates Code, of veterans for their alcohol or
the amounts allotted to such State under rate statement requesting an . allotment- drug abuse dependence or abuse disabilities
paragraphs (2) and W. wider this section. Zach such statement and/or contract care and services under see.
"(V Forty-five Percent of the amount shrill contain? ? ? Non 0201 of such title for veterans for such
available" for allotment under this section .? v. such information as -/jse secretary disabilities.
far a fiscal year shall be allotted in wood- may prescribe, including information woes- "rneermzer moonlit EVALUSIZONS
ance with this ParagraPb- The allotment Of eery for the Secretary to _consider the mat- .wgc. mu one percent of the total
a State under this paragraph for a fiscal tere ',poetised at eahpasnaraphe (A)tfaxosigh amount appropriated under section 1921Ia1
year shall be an amount which bears the
same ratio to the total amount required our-
stunt to the preceding sentence to be allot-
ted ander this paragraph for such fiscal year
as the population of such State beam to the
Population of all States, except that no such
allotment shall be lam than $50,000.
"(V Fifty-five percent of the amount avail-
able 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 activi-
ties for the treatment and rehabilitation of
the alcohol abuse and drug abuse. In deter-
mining such need for each State under this
paragraph, (he Secretary shall consider?
"(AI the nature and extent. in the State
and in particular areas of the State, of the
demand for Effective PrEurrants and activi-
ties for the treatment and rehabilitation of
alcohol abuse and drug abuse;
"OD the number of individuals in the
State who abuse alcohol or drugs and the ca-
pacity of the State to provide treatment and
rehabilitation for such individuals (as de-
termined by the Secretary on the basis of Use
number of individuals who requested treat-
ment for alcohol abuse' and drug abuse in
the .State during the most recent calendar
(Dl of subsection (W1.11,forma/ fiscal year shall be used by the Seers-
"at a description of the manner in which tarn acting through the Administrator of
programs and activities conducted with the Alcohol. Drug Abuse, and Manta/ Health
payments under subsection (c) will be co-Administration, to develop and evaluate ad-
ordinated with other public and private pro- cohol and drug abuse treatment programs to
grams and activities directed toward indi- determent the most effective forms of treat-
',ideals who abuse alcohol and drugs; mutt Such programs man be developed and
"131 assurances that, in the preparation of evaluated through grants. contracts, and co-
ital statement under this section, the State operative agreements provided to norspro/U
will consult with local govearnenta and private entities. fn carrying out this section.
public and private entities, including con- the Secretary shall assess the comparative
swat, based erganiestions, involved in the effectiveness of various treatment forms for
provision of services Air the treatment and specific patient groups".
rehabilitation of dacha abuse and drug MC Ma ISCNNICAL =MON Or MIAMI.
atomic Section 501 (42 U.C.S. 290aa) is amended --
"(4) a description of Use manner in which to read us "now.
Use State evaluate programs and activi- doorzonoy. moo non= Ann arnyenz. gm=
ties conducted with earnests made to the ADM121111121117071
State under subsection (a) and assurancessic 501. no The "ma. Drug Abuse, and
dial Dig Stagg will Mort Pertgdgegag to the Mental Health Administration is an atelier
Secretary on the results of such evaluations; of sie Service.and
'(b) The following entitles are agencies of
'YS) 181102100411 that payments made to Om the do?...,hnt Abuse. and mental Health
State under subsection (a) will supplement Adyniiiiirti7;n7
and not gaPplgat any61144 kical erlyeadt' "(1) The National Institute On Alcohol
Pons for the treatment and rehabilitation of -Awn and Alcoholism
alcohol abase and drug abuse that would .72) The Nausea Nemo& on Drug
have been made in the absence of such pay- Abuse
year ending prior to the date on which a Intl"
statement IS submitted by the State ander "ha/ Except as provided iii lab/actions (fl
subsection and amounts paid toe State under rub-
the amity of the state to provide ad. section tar may be used by the State far eke-
dttionat services for the tieehisesa and mho. hot abuse end dreg abuse tinatment and re-
bilitation of alcohol abuse and drug abuse. babattatlon Programs and activities. In-
"fel The Secretary shall make allotments
to States States under paragraph (2) for meal year *VD activities to increase the availability
1987, and shall make payments to States and, outreach of Programs "molded by
under subsection (c) from such allotments, maw treatment centers and regional
at the same time that the Secretary makes brandies of each centers lebtcb Provide sem
avotateats and ? payment, lower seettone tea in Stele in order to reach the greatest
1913 and 1914, respectively, for such fiscal number of PeoPhr;
year. 'IV activities to expand the capacity of
"fc)(1 1 For each fiscal year, the Secretary alcohol abuse and drug abuse treatment and
shall make payments, as provided by section rehabilitation Programs and facilities to
6503 of due ii, vatted states Coda to each provide treatment and rehabilitation eery-
State from its allotment under paragraphs ices for alcohol abusers and drug abusers
(2) and (3) of subsection lb)-frorn amounts who have been refused treatment due to lade
which are appropriated for that fiscal year of facilities or personnel; and
and available for such allotments. "(3) activities to provide access to yam-
"t2) Arty amount paid to a State wider tional training, job counselingr and educe-
"131 The Rational Institute of Mental
HeaUh.
"WM) The Alcohol, Drug Abu's, and
Memel Health Adininisbution shall -be
headed by-an Administrator /hereinafter in
thie title referred to as the 'AdministratorS
who shall be appointed by the President by
an with the. advice and consent of the
Senate.
(2) The Administrator with the approval
of the Secretor% may animist a Deputy Ad-
ministrator and may employ and prescribe
the/Unctions of such officers and employees.
including attorneys, as are necessary. to ad-
minister the activities to be carried out
through the Administration.
"Id) The Secretary, acting through the Ad-
ministrator?
"(1) shall supervise the functions of the
agencies of the Administration in order to
. assure that the programs tarried out
throvgh each such &runty imitate sirProPri-
paragraph (1) for a fiscal year and remain- lion equivaleact Programs ate and equitable support and that there is
big =obligated at the end of such fiscal en and drug abusers in need amuck services cooperation among the agencies in. the We-
year shall remain available to such State for in order to enable such abusers to become pigmentation of such programs;
the purposes for which it was made for the Productive members of mastic "121 shall assure that research at or sae-
next fiscal year.- Of the total amount paid to any State ported by the Administration and each of its
"(3) A State may not use amounts. paid to under subsection (c) for a Meal year, not agencies is subject to review in accordance
it under its allotment under this section to? more than 2 percent may be used for adman- with section 507 and is in compliastar with
"(Al provide inpatient hospital services, istering Al funds made available under. section 50111; and
"(13) make cash payments to intended re- such subsection. The State will pay from "(3) shall saran that research on ammonia
cipients of health services, non-Federal sources the remaining costs Of mentors and their role in mental heath
"(C) purchase or improve land, purchase, administering such/wads and substance abuse is provided adequate
construct, or permanently improve (other "(g) The Secretary- may provide training support
than minor remodeling) any building or and technical assistance to States in plan- "(OW There shall be in the Administra-
other facility, or purchase major medical sing and operating activities to be carried lion an Associate Admintstrator for Prenen-
equipment, out under this section. Hon to whom the Administrator shall dale-
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CONGRESSIONAL RECORD?HOUSE 11 11251'
gate the function of promoting the Preven-
tion research programa of the National In-
stitute of Mental Health, the National Insti-
tute on Alcohol Abuse and Alcoholism. and
the National Institute on Drug Abuse and
coordinating such programa between the In-
stitutes and between the Institutes and other
public and private entities.
"(2) The Administrator, acting through the
Associate Administrator for Prevention,
shall annually submit to the Congress a
report describing the prevention activities
(including preventive medicine and health
promotion) undertaken by the Administra-
tion and its agencies. The report shall in-
clude a detailed statement of the expendi-
tures made for the activities reported on
and the personnel used in connection with
such activities.
"(f) The Administrator shall establish a ?
process for the prompt and appropriate re-
sponse to information provided the Admin-
istrator 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 informa-
tion from recipients offends under this title
and taking appropriate action with respect
to such fraud and violations.
"(g) The Secretary, acting through the Ad-
ministrator, 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 identification and treat-
ment of alcohol and drug abuse. Grants
under this subsection shall be made from
funds available under this title and section
303.
"(h) To educate the public with respect to
the health hazards of alcoholism, alcohol
abuse, and drug abuse, the Administrator
shall use the dearinghouee established
under section 5011(c) to take such actions as
may be necessary to ensure the widespread
dissemination of current Publications alike
National Institute on Alcohol Abuse and Al-
coholism and the National Institute on
Drug Abuse relating to the most recent re-
. search findings with respect to such health
hazards.
"(Vii) The Administrator may obtain lin
accordance with section 3109 of title S.
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 con-
sultants who have scientific or Professional
qualification& Such experts and consultants
shall be obtained for the Administration and
for each of its agencies.
"(2)(A) Experts and consultants whose
services are obtained under paragraph (1)
shall be paid or reimbursed for their ex-
penses associated with traveling to and
from their assignment location in accord-
ance with sections 5724, 5724afall11,
5724a(a)(3). and 5721(c) o title S. United
States Code.
"(B) Expenses swirled in subparagraph
(A) may not be allowed in connection with
the assignment of-an expert or consultant
whose services are obtained under para-
graph (1), unless.and until the expert or con-
sultant agrees in writing to complete the
entire period of assignment or one year,
whichever is shorten unless separated or re-
assigned 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 (Al 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 sub-
paragraph.
"(j) The Administrator shall, without
regard to the provisions of title 5, United
States Code, governing appointments in the
competitive service, -and without regard to
the provisions of chapter 51 and subchapter
III of chapter 53 of such title, relating to
classification and General Schedule pay
rates, establish such technical and scientific
peer review groups as are needed to carry
out the requirements of section 907 and ap-
point and pay members of such groups.
except that officers and employees, of the
United States shall not receive additional
compensation for services as members of
such groups. The Federal Advisory Commit-
tee Act shall not apply to the duration of a
peer review group appointed under this sub-
section
"(kJ( 1) The Alcohol, Drug Abuse. and
Mental Health Advisory Board thereinafter
in this subsection referred to as the 'Board')
Mall?
"(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
"a31 provide advice to the Secretary and
the Administrator respecting activities car-
ried out under this title and parts B and C
of title XLif.
"(2)(A) The Board shall consist of 15 mem-
bay appointed by the Secretary and such as
officio members from the National Institute
on Alcohol and Alcoholism. the National In-
stitute on Drug Abuse, and the National In-
stitute 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 alco-
holism, alcohol abuse, drug abuse, and
mental illness, at least it members shall be
Individuals with expertise in public educa-
tion and prevention services for alcoholism,
alcohol abuse, drug abuse, and mental ill-
ness, and at least 3 members shall be ap-
pointed from members of the general public
who are knowledgeable about alcoholism, al-
cohol abuse, drug abuse, and mental illness.
"MI The term of office of a member ap-
pointed to the Board is 4 years, except that
of the members first appointed to the
Board?
"(i) 5 shall aerie for terms of 1 year,
"NU 5 shall serve for terms of 3 years.
"NW S 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 tern for which the predecessor of such
member was appointed 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.
"(3)(A)- Except as provided in subpara-
graph (B), members of the Board shall (i) be
paid not more than the daily equivalent- of
the annual rats Of basic Pay in effect for
grade 08-18 of the General Schedule for
each day (including travelling*) during
which they are engaged in the actual per-
formance of duties vested in the Board. and
NU 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 S, United States Code.
"(B) Members of the Board who are full-
time officers or employees of the United
States shall receive no additional pay, al-
lowances, or benefits by reason of their serv-
ice on the Board. *
"(4) The Board may appoint such staff
personnel as the Board considers appropri-
ate.
"(5) The Secretary shall designate the
chairman of the Board.
"IV 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 Com-
mittee on Labor and Human Resources of
the Senate on its activities during the prior
year and shall include in such report such
recommendations for legislation and ad-
ministrative action as it deems appropri-
ate.,..
sire NM AD VISOR? COUNCILS
(a) Part A of title V is amended by redesig-
nating sections SOS and 506 as sections 506
and 507, respectively,, and by inserting after
section 504 the following new section;
"AoviSORT comma
"Sze 505. OVID The Secretary shall ap-
point an advisory council for the National
hutitute 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 recommen-
dations 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 Insti-
tute may recommend to the Secretary ac-
ceptance, in accordance with section 2101,
of conditional gifts for?
"(A) study, investigation, or research re-
wetting -the diseases, disorders, or other
aspect of human health with respect to
which the Institute was established;
"(13) the acquisition of grounds for the In-
stitute; or
"(C) the construction, mail/Ping, or main-
tenance offacilities for the Institute.
"(3) Each advisory council for an. Insti-
tute?
"(AM) may on the basis of the materials
provided under section 507(d)(2) respecting
research conducted at the Institute, make
recommendations to the Director of the In-
stitute respecting such research;
"MI she& review applications for grants
and cooperative agreements for research or
training and for which advisory council ap-
proval is required under section 507(e)(2),
and recommend for approval applications
for projects which show promise of making
valuable contributions to human knowledge;
and
"Nit/ may review any grant, contract, or
cooperative agreement proposed to be made
or entered into by the Institute:
"(8) may collect, by correspondence or by
personal investigation, information as to
studies which are Deng 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 appropriate pub-
lications for the benefit of Public and Pri-
vate health entities and health professions
personnel and scientists and for the infor-
mation of the general public; and
IC/ may appoint subcommittees and con-
vene workshops and conferences.
"(bill) Each advisory council shall consist
of nonvoting ex officio members and not
more than 12 members appointed by the Sec-
retary.
"IV The ex officio members of an advisory
council shall consist of?
"(A) the Secretary, the Administrator, the
Director of the Institute for which the advi-
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CONGRESSIONAL RECORD ? HOUSE October 17, 1986
tory council is established, the Chief Medi-
cal Director of the Veterans' Administra-
tion, and the Assistant Secretary of Defense
for Health Affairs for the designees of such
officers), and
"(B) such additional officers or employees
of the United States as the Secretary deter-
mines 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 ow
Pointed as follows:
"(A) Nine of the members shall.be appoint-
ed by the Secretary from among the leading
representatives of the health and scientific
disciplines /including public health and the
behavioral or social sciences/ relevant to the
activities of the Institute for which the advi-
sory council is established.
"(B) Three of the members shall be ap-
pointed by the Secretary from the general
public and shall include leaders in fields of
public policy, public relations, law, health
policy. economics, 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 engaged in the performance of the
functions of the advisory council, compen-
sation at rates not to exceed the daily equiv-
alent of the annual rate in effect for grade
GS-1S of the General Schedule.
"(e) 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 ap-
pointed 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 41 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 ad-
visory council before 2 years from the date
of expiration of such term of office. If a va-
cancy occurs in the advisory council among
the appointed members, the Secretary shall
make an appointment to fill the vacancy
within 90 days from the date the vacancy
OCCUIE.
"(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 adviso-
ry council. The term of office of chairman
shall be 2 years.
"lel 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.
"(1) The Director of the Institute for which
an advisory council is established shall des-
ignate a member of the staff of the Institute
to serve as the executive secretary of the ad-
visory council. The Director of the Institute
shall make available to the advisory council
such staff, information, and other assist-
ance as it may require to carry out its func-
tions. The Director of the Institute shall pro-
vide orientation and training for new mem-
bers of the advisory council to provide them
with such information and training as may
be appropriate for their effective participa-
tion in the functions of the advisory coun-
cll.".
(bi The amendment made by subsection
(a) does not terminate the membership of
any advisory council for the National Insti-
tute on Alcohol Abuse and Alcoholism, the
National Institute on Drug Abuse, or the Na-
tional Institute of Mental Health which was
in existence on the date of enactment of this
Act. After such date--
111 the Secretary of Health and Human
Services shall make appointments to each
each 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 Health Service Act'
(2) each advisory council shall organise
itself in accordance with such section and
exercise the functions prescribed by such
section:and
13/ the Director of each *itch institute shall
perform for such advisory council the func-
tions prescribed by such section.
(c) Section 2171* amended?
(1) by striking out subsections (a). (b), (c),
and Mk
(2) by striking out "(e)(11" and inserting
in lieu thereof "IsI"?
(S) by striking out "(2)" and inserting in
lieu thereof "IN";
(4) by striking out "(3)" and inserting in
lieu thereof_"(c)".?
(5) by striking out "(4)" and inserting in
lieu thereof "(d); and
IV by redesignattng clauses (A) and (ID of
subsection (c) (as redesignated by the
amendment made by paragraph (4) of this
subsection) as clauses (1) and (2), respec-
tively.
SIC 4MS. OPTICS FOR SVESTANCS AMISS Plter121-
(a) Part A of title V (as amended by sec-
tion 4004 of this Act) is further amended by
adding at the end thereof the following new
sections:
"orrice Pox suasrerics ABASE PRAVSNI7ON
"Sec. SOL (a) There is established in the
Administration an Office for Substance
Abuse Prevention (hereafter in this part re-
ferred to as the 'Office'). The Office shall be
headed by a Director appointed by the Secre-
tary from individuals with extensive experi-
ence or academic qualifications in the pre-
vention 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 literature /including liter-
ature on the adverse effects of cocaine free
base (known as track'));
"14/ in cooperation with the Secretary of
Education, assure the widespread dissemi-
nation 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 Disease Control, develop edu-
cational materials to reduce the risks of ac-
quired immune deficiency syndrome among
intravenous drug abusers:
"(V conduct training, technical assist-
ance, data collection, and evaluation activi-
ties of programs supported under the Drug
Free Schools and Communities Act of 1916;
"(V support the development of model, in-
novative, community-based programs to dis-
courage 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 dank?: to health resulting
from the consumption of alcohol and drugs
and, to the extent feasible, use appropriate
private organisations and business concerns
In the preparation of such announcements.
"(c) The Director may make grants and
enter into contracts and cooperative agree-
ments in earning out subsection (b).
"(d) Of the amounts available under the
second sentence of section 1921(a) to carry
out this section and section 509A,
920,000,000 shall be available to carry out
section 509.4.
"Atcomot AND DRUG ABUSE mroastArtom
asatmciwouss
"Sxc. 509. The Secretary, through the Di-
rector of the Office. shall establish a clear-
inghouse for alcohol and drug abuse infor-
mation to assure the widespread dissemina-
tion of such information to States, political
subdivisions, educational agencies and in-
stitutions, health and drug treatment and
rehabilitation networks, and the general
public. The clearinghouse shall?
"(1) disseminate publications by the Na-
tional Institute on Alcohol Abuse and Alco-
holism, the National Institute on Drug
Abuse, and the Department of Education.
concerning alcohol abuse and drug abuse;
"al disseminate accurate information
concerning the health effects of alcohol
abuse and drug abuse;
"(3) collect and disseminate information
concerning successful alcohol abuse and
drug abuse education and prevention cur-
ricula; and
"(41 collect and disseminate information
on effective and ineffective school-based al-
cohol abuse and drug abuse education and
prevention programs, particularly effective
programs which stress that the use of illegal
drugs and the chute of alcohol is wrong and
harmful
"PASMITION, TASATIIINT. AND ASH4DAIINS7ON
NOMA PROM= MA NIGH AUX YON=
"SSC. 509A. (a) The Secretary, through the
Director of the Office, Shan make grants to
public and nonprofit private entities for
projects to demonstrate effective models for
the prevention, treatment, and rehabilita-
tion of drug abuse and alcohol abuse among
high risk youth.
"(b)(1) In making _grants for drug abuse
and alcohol abuse prevention projects under
this section; the Secretary shall give priority
to applications for projects directed at chil-
dren of substance abusers, latchkey children,
children at risk of abuse or neglect, Pre-
school children eligible for services under
the Head Start Act, children at risk of droP!
ping out of school, children at risk of becom-
ing adolescent 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 alco-
hol abuse and physical child abuse, sexual
child abuse, emotional child abuse, drop-
ping out of school, unemployment, delin-
quency, pregnancy, violence, suicide, or
mental health problems.
"(3) In making grants under this section,
the Secretary shall give priority to applica-
tions from community based organisations
for Projects to develop innovative models
with midtiple, coordinated services for the
prevention or for the treatment and reha-
bilitation of drug abuse or alcohol abuse by
high risk youth.
"(4) In making grants under this section,
the Secretary shall give priority to applica-
tions 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 re-
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October 17, 1986 CONGRESSIONAL RECORD ? HOUSE
habilitation of drug abuse or alcohol abuse
by high risk youth.
"(cl lb 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 Secretary
may 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 at the
Secretary may by regulation prescribe.
"(el The Director of the Office shall evalu-
ate projects conducted with grants under
this section.
If) 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 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
abuses:
"(2) ir a victim of physical, sexual, or me-
dialogical abuse;
"(3) has dropped out of school;
"NI has become pregnant;
"(5) is economically disadvantaged;
"IV has committed a violent or delinquent
act;
"(7) has experienced mental health prob-
"(8) has attempted suicide; or -
"(9) is disabled by injuries".
(b)(1) Section 502(e) is repealed.
(2) Section 503(d) is amended?
(A) by inserting "and" at the end of yam-
graph (2);
(B) by striking out ";and" at the end of
paragraph (3) and inserting in lieu thereof a
period; and
IC) by striking out paragraph (4). '
SSC MK PUBLIC HEALTH ENSTMENCISS
Part A of title V (as amended by sections
4004 and 400$ of this Act) is further amend-
ed by adding at the end thereof the follow-
ing'
"IesSSARCH ON MIMIC MALTS SMSSIOSNCISS "
"SW. 509B. (a) If the Secretary deter-
mines, after consultation with the Admits-
baton the. Commiseioner of Food and
Drugs, or the Director of the Centers for Dis-
ease Control, that a disease or dile:miler
within the jurisdiction of as Institute-of the
Administration constitutes a public health
emergency. the Secretary, acting through the
Administrator?
"(1) shall expedite the-7E1AM be advisory
councils and by peer review groups of appli-
cations for grants for research on such dis-
ease or disorder or proposals for contracts
for such research; ?
"(2) shall exercise the authority in. section
3709 of the Revised Statutes 141 U.S.C. v su-
specting public exigencies to waive the ad-
vertising requirements Orwell section in the
case of proposals for contracts for such fe-
search;
"(3) may provide administrative supple-
mental increases in existing grants and con-
tracts to support new research relevant to ?
such disease or disorder and
"fel shall disseminate, to health profes-
sionals 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.
"(b) Not later than 90 days after the end of
a fiscal year, the Secretary shall report to
the Committee on Energy and Commerce of
Use House of Representatives and the Com-
mittee on Labor and Human Resources of
the Senate on actions taken under subsec-
tion (a) is such fiscal year if any actions
were taken under such subsection in such.
fiscal year."
SSC MA PSBR RAVISH.
Subsection (b) of section 507 (as redesig-
nated by section 4004(a) of this Act) is
amended by inserting "applications made
for" after "review of" in the matter preced-
ing paragraph (1).
See 4N1. NATIONAL ALCOHOL RESEARCH CENTERS.
Section 511(b) is amended?
(1) by striking out "or rental" before "any
land"; and
(2) by striking out "rental.' before "pur-
chase".
SIC MR MANSION OP DIM AMISS ReSSARCIL
Section 5151a) is amended?
(1) by striking out "and" after the semi-
colon in paragraph (4);
(2) by striking out paragraph (5) and in-
serting in lieu thereof the following:
"(3) effective methods of drug abuse pre-
vention, treatment, and rehabilitation par-
&Warty methods of intervention to treat
abuse of specific drugs and"; and
(3) by adding at the end thereof the follow-
ing'
"(8) the development of chemical antidotes
and narcotic antagonists for use in the
treatment of cocaine and heroin addic-
tion."
SEC INS. SISSARCH ACTIPORIZATIOAt
(a) Section 513 is amended to read as fol-
lows: ?
"AU171011174170111 OP APPROPRIATIONS
"SSC 513. There are authorised to be ap-
propriated to carry out this subpart
3419,000.000 for fiscal year 1987."
(b) Section 517 is amended to. read as fol-
lows:
"11477/441741770/711 or APPROPRIATIONS
"Sec 517. There 474 authorised to be ap-
propriated to carry out this ? subpart
8129,000,000 for fiscal year 1987.".
Sic MIR WIC=
(a) Section 504 is amended by adding at
the end thereof the following new subsection:
TheDirector shalt?
"(1) develop and. publish information re-
specting the causes of suicide and the means
of preventing suicide; and
"(2) make such information generally
available to the public and health panics-
Information developed, published, and die-
tribuded under this subsection shall especial-
ly. relate to suicide among individuals under
the We of 2_.1."
(b) Not later than one year after the date
of enactment of this Act. the Director of the
National Institute of Mental Health shall
report to Committee on Labor and Human
Amara.. of the Senate and the Committee
on Energy and Commerce of the House of
Representatives on the activities undertak-
en under section 504(h) of the Public Health
Service Act andshall include in such report
an assessment of the effectiveness of such ac-
tivities
.88c 4011 SHINTAL 'MALIN HMS OF TM SLOSS,
? LT.
Section 504(e) is amended by adding at
the end thereof the following: "Special. con-
sideration shall be given to programs for
training and research on the mental health
needs of the elderly.".
SSC NIS TECHNICAL ANSNONIINT.
Section 504(e) is amended by striking out
the period at the end of paragraph 12Nd)
and inserting in lieu thereof a semicolon.
H 11253
SSC 4.14. INFANT FORMULAS.
(a) Section 412 of the Federal Food. Drug.
and Cosmetic Act is amended?
ID by redesignating subsections Iel, (f),
and (g) as subsections (g), MI, and NJ, re-
spectively,
(2)- by amending the last sentence of Para-
graph (1) of subsection (g) (as so redesignat-
ed) to read as follows: "Such records shall be
retained for at least one year after the expi-
ration of the shelf life of the infant formu-
la.",
(3) by striking out "(a) and (b)" in the
first sentence of subsection (h)(1) (as so re-
designated) and inserting in lieu thereof
"(a), (W, and lc)",
(4) by striking out "(c)(1)" in the second
sentence of such subsection and inserting in
lieu thereof "(e)(1)"
(5) by striking out-"fell D(B)" in such sen-
tence and inserting in lieu thereof
(8) by striking out "(a) and (b)" in subsec-
tion (h)(2) (as so redesignated) and insert-
ing in lieu thereof "(a). lbI, and (c)", and
(7) by striking out subsections (a) through
(d) and inserting in lieu thereof the follow-
ing:
"(a) An infant formula, including an
Infant Arsros/a powder, shall be deemed to
be adulterated if?
"(1) such infant formula does not provide
nutrients as required by subsection Hi,
"(2) such infant formula does not meet the
quality factor requirements prescribed by
the Secretary under subsection (bill), or
"(3) the processing of such infant formula
is not in compliance with the good manu-
facturing practices and the quality control
procedures prescribed -by the Secretary
under subsection (b)(2).
"(bill) The Secretary shall by regulation
establish requirements for quality factors for
infant formulas to the extent possible con-
sistent with current scientific knowledge, in-
cluding quality factor requirements for the
nutrients required by subsection (U.
"12)(A) The Secretary shall by regulation
establish good manufacturing practices for
infant formulas. including quality control
procedures that the Secretary determines are
necessary to assure that an infant formula
provides nutrients its accordance with this
subsection and subsection NJ and Is manu-
factured in a manner designed to Prevent
adulteration of the infant.foresula.
"(B) The good manufacturing practices
and quality control procedures prescribed by
the Secretary under subparagraph (A) shall
include requirements for?
"(ii the testing, in accordance with para-
graph (3) and by the manufacturer of an
infant formula or an agent of such mann-
/Stainer, of each batch of infant formula for
each nutrient required by subsection (i)
before the distribution of such batch.
"(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,
"(iil) in-process controls including, where
necessary, testing required by good manu-
facturing practices designed to prevent
adulteration of each batch of infant formu-
la. and
"(iv) the conduct, by the manufacturer of
an infant formula or an agent of such man-
ufacturer of regularly scheduled audits to
determine that such manufacturer has com-
plied with the regulations prescribed under
subparagraph (A).
In prescribing requirements for audits
under clause (iv), the Secretary shall provide
that such audits be conducted by appropri-
ately trained individuals who do not have
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H 11254 ' CONGRESSIONAL RECORD ? HOUSE October 17, 1986
any direct responsibility for the manufac- such records shall be made available to the "(A) may not provide the nutrients re-
Lure or production of infant formula. Secretary for review and duplication upon quired by subsection liJ. or
"(31(A) At the final product stage, each request of the Secretary. "ND may be otherwise adulterated or mie
batch of infant formula shall be tested for "at) A manufacturer need only provide branded,
vitamin A, vitamin 131, vitamin C, and vita- written assurances to the Secretary that the the manufacturer shall promptly notify the
min E to ensure that such infant formula is regularly scheduled audits required by pan,- secretary of such knowledge. If the Secretary
In compliance with the requirements of this graph (2)(B)liv) are being conducted by the determines that the infant formula presents
subsection and subsection (i) relating to manufacturer, and need not make available
a risk to human health, the manufacturer
such vitamin&
"IB) Each nutrient premix used in the such
to the Secretarythe actual written reports ?f shall immediately take all actions necessary
to recall shipments of such infant formula
manufacture of an infant formula shall be "(c)(1) No person shall introduce or deny; from all wholesale and retail establishments,
tested for each relied upon nutrient required er for introduction into interstate commerce consistent with recall regulations and guide.
by subsection (i) whichis contained in such - any new infant formula unless?
premix to ensure that such premix is in "(A) such Person has. before introducing lines issued by
the Secreta".
compliance with its specifications or certifi- such new infant formula, or delivering such "(2) For Purposes of paragraph ai, the
cations by a premix supplier, new infant formula for introduction, into term 'knowledge' as applied to a manufac-
"(C) During the manufacturing process or interstate commerce, registered with the Sec- twat. means ld) the actual knowledge that
"(C)
at the final product stage and before distri- retary the mime of such pow" the owe or the manufacturer had, or (B) the knowledgebillion of an infant formula, an infant for. business of such person, and all establish- which a reasonable Person would have had
mulct shall be tested for all nutrients re- manta at ch whi such person intends to man. under like circumstances or which would
quired to be included in such formula by ufacture such new infant formula, and have been obtained upon the exercise of due
subsection (i) for which jesting has not been "(13) such person has at least DO days Cale.
conducted pursuant to subparagraph (A) or before marketing such new infant formula. "(1)(1) I f a recall of infant formula is
(B). Testing under this subparagraph shall made the submission to the secretary. re. begun by a manufacturer, the recall shall be
be conducted to? quired by subsection (CMV. carried out in accordance with such require-
10 ensure that each batch of such infant ..(2) For purposes of paragraph (1) the merits as the Secretary shall prescribe?under
formula is in compliance with the require- tem 'new infant formula' includes? paragraph ID and?
merits of subsection IV relating to such nu- "(A) an infant formula manufactured by a "(A) the Secretary shall, not later than the
&tents. and person which has not previously manufac- 15th day after the beginning of such recall
"NU confirm that nutrients contained in Lured an infant formula, and and at least once every 15 days thereafter
any nutrient premix used in such infant for- "(13) an infant formula manufactured by a until the recall is terminated, review the ac-
mula are present in each batch of such person which has previously manufactured gone taken under the recall to determine
infant formula in the proper concentration, infant formula and in which there is a whether the recall meets the requirement.
"(13) If the Secretary adds a nutrient to the prescribed under paragraph (2), and
list of nutrients in the table in subsection frommataraahgrTittoarPraaaany Patreongiousar farwforXitattait'ulation "(B) the manufacturer shall, not later
(i), the Secretary shall by regulation require produced by such manufacturer. than the 14th day after the beginning of
that the manufacturer of an infant formulasuch recall and at least once every 14 days -
test each batch of such formula for such new . For purposes of this Paragraph' the terra thereafter until the mall is terminated,
nutrient in accordance with subparagraph 'major change' has the meaning given to report to the Secretary the actions taken to
(.4). (13), or (O. such term in section 106.30(c)(2) of title 21, implement the recall.
"(El For purposes of this paragraph, the Code of Federal Regulations (as in effect on
"(2) The Secretary shall by regulation pre-
term 'final product stage' means the point August 10 19864 and guidelines issued there. scribe the scope and extent of recalls of
in the manufacturing process, before distri- ander -
button of an infant formula, at which an A person shag with..respect to any infant formulas necessary and appropriate
infant formula is homogenous and is not . infant formula subject to subsection (c), for the degree of risks to human health Pre-
subject to further degradation. make a submission to the Secretary which sented ba the formula :abject to the recap-
"IO(4) The Secretary shall by regulation shall include?"(3) The Secretary shall by regulation re-
establish requirements respecting the raters- ..(A) the quantitative formulation of the quire each manufacturer of an infant for-
Mae who begins a recall of each formula he-
Lion of records. Such requirementsshall pro- infant formula,
vide for? ? "(B) a description of any reformulation of cause of a risk to human. health to request
"(i) the retention of all records necessary
the formula or change in processing of the each retail establishment at which such for-
to demonstrate compliance with the good infant formula, mula is sold or available for sale to post at
manufacturing practices and quality con- "(C) assurances that the infant formula the paint of Purchase of each formula a
trot procedures prescribed by the secretary will not be marketed unless it meets the re- notice til each recall at such establishment
under paragraph (:), including records con. quirements of subsections (b)(1) and NJ, as for such time that the Secretary determines
demonstrated by the testing. required under necessary to 'inform the public of . such
tattling the results of all testing required
under paragraph 121(13), estimation (b)(3), and recalL ".
"Nil the retention of all certifications or "ID) assurances that the processing of the. (b)(1) Subsection Iii of such section (as so
guarantees of analysis by premix suppliers, infant formula complies with subsection redesignated) is amended?
"NW the retention by a premix supplier of (b)(21. (A) by inserting "(1)" after "(i)",
all records necessary to confirm the accura. "(2) After the first production of an infant (B) by striking out "subsection far and
cy of all premix certifications and guaran- formula subject to subsection (c), and before inserting in lieu thereof "paragraph':
Lees of analysis, . the introduction into interstate commerce of (C) by striking out the colon and inserting
"(iv) the retention of... such formula, the manufacturer of such for- in lieu thereof a period, and
"(1) all records pertaining to the microbio- made shall submit to the SecretarY, in each WI by.adding at the end the following:
logical quality and purity of raw materials form as may be Prescribed by the &cycler% "12) The Secretary may by regulation?
used in Infant formula powder and in fin- a written verification which summarizes "(A) -revise the list of nutrients in the table
ished infant formula, and test results and records demonstrating that in this subsection, and
"(ID all records pertaining to food pack- such formula complies with the require- "ND revise the required level for any nu-
aging materials which show that such mate- ments of subsections (b)ll), (b)(2)(4), blest required by the table.':
rials do not cause an infant formula to be (b)(2)113110, Ibl(2)(13)(iii). (b)(3)(A), (2) Section. 301(s) of the Federal Food,
adulterated within the meaning of section (12)(3)(C), and NJ.
4021,0(211C), "(3) If the manufacturer of an infant for. Drug. and Cosmetic Act is amended to read
"(vi the retention of all records of the re- mils for commercial or charitable (Malibu. al f?114114:
"Ill e e
sults of regularly scheduled audits conduct- Lion for human consumption determines Th failur to provide the notice re-
ed pursuant to the requirements prescribed that a change in the formulation of the for- Oared by section 412(c) or 412(d), the ure to make the reports required by section fail-
by the Secretary under paragraph OfiBMitV, mule or a change in the processing of the
formula may affect whether the formula is 412(f)(1)(8), the failure to retain the records
and required by section 412(b)(4),- or the failure
"(vi) the retention of all complaints and adulterated under subsection (a), the manu- ,... ......, Th. ...,..?.......?. .......m., inidp.
the maintenance of files with respect to, and facturer shall, before the first processing of ? "? ? "`"--- '"--- ----
the review of, complaints concerning infant such formula; make Use submission to the section 412W(3)."-
formulas which may reveal the possible ex- Secretary required by paragraph W. slic sm. SITIDY ON at.en. Whirrs
istence of a hazard to health. "(e)(1) If the mcnufacturer of an infant The Secretary of Health and Human Sera-
"(BM) Records required under subpara- formula has knowledge which reasonably ices, through the Commissioner of Food and
graph (A) with respect to an infant formula supports the conclusion that an infant for. Drugs and the Director of the National In-
shall be retained for at least one year after mule whiCh has been processed by the manu- *Mute on Drug Abuse, shall, within 180 days
the expiration of the shelf life of such Infant factures and which has left an establishment of the date of the enactment of this Act, con-
formula. Except as provided in clause (ii), subject to the control of the manufacturer?. duct a study on alkyl nitrites to determine?
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CONGRESSIONAL RECORD ? HOUSE H 11255
(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 Commit-
-tee on Energy and 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 wheth-
er alkyl nitrites should be treated as a drug
under the Federal Food. Drug, and Cosmetic
Act.
SSC sat SENSE OF THE SENATE WITH RESPECT TO
POSSESSION OR DIMINUTION OF
DINGS UNDER STATE LAW.
It is the sense of the Senate that, if the pos-
session or distribution Of a drug is an of-
fense under the Controlled Substances Act.
the laws 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 one. STUDIES ON HEALTH WARNING LABELS
FOR ALCOHOLIC BEVERAGES
(a) The Senate finds that?
(I) the most abused drug in America alco-
het
(2) alcohol abuse costs the American econ-
omy nearly $120,000,000,000 per year, in-
cluding increased medical expenses andde-
creased productivity;
(3) in 1914, 53 percent of the traffic fatali-
ties in the United States, accounting for
more than 23,500 deaths, were related to the
consumption of alcohol:
(4) over 1E000,000 American adults have
one or more symptoms 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 sr
Kola problems at home, in school, or with
the law because of alcohol consumption;
(0) fetal alcohol syndrome is the third
leading cause of birth defeats, 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
syndrome;
(8) the statistics cited in the. preceding
paragraphs of this subsection indicate that
many Americans are not aware of the ad-
verse effects that the tibiae of alcoholic bee-
. craves may have on.health;
MI 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 con-
cerning serious health consequences result-
ing 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 conse-
quences of alcohol abuse;
(2). the Public. Health Service -should
review available knowledge and conduct
studies to assess the most effective means of
providing such education. including an as-
sessment of the potential educational
Impact of health warning labels on the con-
tainers of alcoholic beverages; and
(3) the Public Health Service should trans-
mit 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 find-
ings respecting the impact and- potential
benefits of displaying health warnings on
the containers of alcoholic beverages and
recommendations for specific language fav
such labels.
SSC Mit WORTS OF THE ENTIONAINMENT AND
WRITTEN MEDIA INDUSTRY. -
It is the sense of Congress that?
(1) whereas illegal drug and alcohol con-
sumption and the trafficking in thou illegal
drugs and alcohol is a major problem in the
United States,
(2) whereas the problem of alcohol abuse is
particularly prevalent among and harmful
to the Nation's young people, and
(3) whereas the values and mores por-
trayed in various forms of commercially
produced entertainment have a profound
effect on the attitudes of young people in
this country,
the entertainment and written media indus-
try 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 entertain-
ment and written media industry should de-
velop films, television programs, records.
videos, and advertising which- discourage
the use of illegal drugs and alcohol.
SEC Mil SENSE OP THE CONGRESS URGING THE
CATEGORISATION OP FILMS WHICH
PROMOTE ALCOHOL ANNE AND DRUG
118i
(a) The Congress finds that?
(1) the abuse of alcohol and the use of
drugs has become a societal problem of Api-
dentic proportions.
IV 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, particular-
ly the motion picture- industry's production
of youth-oriented films, often depicts alcohol
abuse and drug use in a benign, even glam-
orous may,
NI the motion picture industry has a pro-
found impact on societal norms and is a
powerful medium which exerts great influ-
ence-on the values of youth; and
(Si the motion picture industry has recog-
nized the need to inform patents about the
contents of movies regarding violence, sex,
language, and nudity and therefore current-
ly employs a voluntary rating. system.
(b) It is the sense of ,the Congress that the
Motion Picture Association of America
should incorporate a new rating in its vol-
untary movie rating system to clearly iden-
tify films which depict alcohol abuse and
drug use..
SEC aa ANIMALS IN NISEARCIL .
Part A of title V. as amended by sections
4004 and 4005 is amended by adding at the
end the following:
"mamma IN RISZARC71
"SEC. 509C. (a) The Secretary, acting
through the Administrator, shall establish
guidelines for the following:
"(I) The proper care of animals to be used
in research conducted by and through agen-
cies of the Administration.
"(2) The proper treatment of animals
-while being used in such research. Guide-
lines under this paragraph shall require?
"(AI The appropriate use of tranquilizers,
analgesics, anesthetics, paralytics, and en-
.thanasia for animals in such research; and
"(11) 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 requite animal care
committees at each entity which conducts
research with funds provided under this title
to assure compliance with the guidelines es-
tablished 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-
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 veteri-
nary medicine.
"lc) Each animal care committee of a re-
search entity shall?
"(1). review the care and treatment of ani-
mals in all animal study areas and facilities
of the research entity at least semiannually
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
"(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 re-
quired under subsection (d) which were ob-
served in such review and which have con-
tinued after notice by the committee to the
research entity involved of the 'notations.
Reports filed under paragraph (3) shall in-
clude any minority views filed by members
of the committee.
"(d) The Administrator shall require each
applicant for a grant, contract, or coopera-
tive agreement involving research on ani-
mals which is administered by the Adminis-
trator or any coma of the Administration
to include in its application or contract pro-
posal, submitted after the expiration of the
12-month period beginning on the date of
enactment of this section?
"111 assurances_ satisfactory to the Admin-
istrator that?
"(A) the applicant meets the requirements
of the guidelines established under para-
graph (1) and (21 of subsection (a) and has
an animal care committee which meets the
requirements of subsection (b); and
"(B) scientists, animal technicians, and
other personnel involved with animal care,
treatment, and use by the applicant have
available to them instruction or training in
the humane practice of animal maintenance
and experimentation, and the concept,
availability, and use of 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 (a)(2) of section
553 of title 5, United States Code, regula-
tions under this subsection shall be promul-
gated in accordance with the notice and
comment requirements of such section.
"le)-If the Administrator determines that?
"(1) the conditions of animal care, treat-
ment, or use in an entity which is receiving
a grant, contract. or cooperative agreement
involving research on animals under this
title do not meet applicable guidelines estab-
lished under subsection (a);
"(2) the entity has been notified by the Ad-
ministrator 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 condi-
tions as the Administrator determines ap-
propriate.
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"(f) No guideline or regulation promulgat-
ed under subsection f OT (C) may require
.research entity to disclose publicly trade se-
crets or commercial or financial informa-
tion which is privileged or confidentiaL
SEC MIL TECHNICAL AMMONIATE
la) Stoma 504(e).--Subsection le) of sec-
tion 504 (42 U.S.0 290ao-3) is amended by
striking out the period at the end of para-
graph (D(A) and inserting in lieu thereof a
semicolon.
lb) GeNtRAL Amnon/re?
(1) Section 504 (as amended by section
4019) is amended by adding at the end the
following:
"(i) The Secretary, acting through the Di-
rector, may make grants to and enter into
cooperative agreements and contracts with
public and nonprofit private entities for re-
search on mental illness.".
(2) Section 3011a)(3) (42 U.S.0 241(a)(3))
Is amended .by striking out "or, in the case
of mental health" and all that follows
through "Council:" and by striking out "or
the National Advisory Mental HealthCoun-
cil".
SEC 4512. ALCOHOLISM AND ALCOHOL ABMS
TREATMENT STVDE
(a) Is Gsretruz..?The Secretary of Health
and Human Services, acting through the Di-
rector of the National Institute on Alcohol
Abuse and Alcoholism and in accordance
with subsection lb), shall arrange for the
conduct of a study to?
(l) critically review available research
knowledge and experience in the United
States and other countries regarding alter-
native approaches and mechanisms (includ-
ing 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 alco-
hol abuse treatment and rehabilitative serv-
ice alternatives.
(3) review the state of financing alterna-
tives available to .the public, including an
analysis of policies and experiences of third
party insurers and State and municipal gov-
ernments, and
(4) consider and make recommendations
for policies and programa of research, plan-
ning, administration, and reimbursement
for the treatment and rehabilitation of indi-
viduals suffering from alcoholism and ado-
hal abuse.
(b) ARR4m3ssurris.?
I II The Secretary shall request the Nation-
al Academy of Sciences to conduct the study
described in subsection (a) under an ar-
rangement 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 con's/tenon with
the Director of the National Institute on Al-
cohol Abuse and Alcoholism. and
(8) submit to the Secretary not later than
24 months after the date the arrangement is
entered Into a fine/ report on the study.
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.
Subtitle B?Drug-Free Schools and
Communities Act of 1988
SEC 4101. SHORT TITLE.
This subtitle may be cited as the "Drug-
Free Schools and Communities Act of 1988".
SEC am. mew=
The Congress finds that:
Drug abuse education and prevention
Programs are essential components of a
comprehensive strategy to reduce the
demand for and use of drugs throughout the
Nation.
(V Drug use and alcohol abuse are wide-
spread among the Nation's students, not
only in secondary schools, but increasingly
in elementary schools as well.
13) The use of drugs and the abuse of alco-
hol by students constitute a grave threat to
their physical and mental well-being and
significantly impede the learning process.
IV The tragic consequences of drug use
and alcohol abuse by student are Mt not
only by students and their families, but also
by their communities and the Nation, which
can ilL afford to loss their skills, talents, and
vitality.
15) Schools and loon organisations in
communities throughout the Nation have
special responsibilities to -work together to
combat the scourge of drug use and alcohol
abus&
IV Prompt action by our Nation's schools. -
families, and communities can bring sig-
nificantly closer the goal of a drug-free gen-
eration and a drug free apciety.
SMANS. PURPOSE.
It is the purpose of this subtitle to estab-
lish programs ofdrug abuse education and
prevention (coordinated with- related com-
muslin efforts and resources) through the
Provision of Federal financial assistance?
(1) to States fbi' to local and inter-
mediate educational agencies and consortia
to establish, operate, and improve local pro-
grams of drug abuse prevention, early inter-
vention, rehabilitation referral. and educa-
tion in elementary and secondary schools
(including intermediate and Junior high
schools);
12) to States for grants to and contracts
with community-based organisations for
Programs of drug abuse prevention, early
intervention. reitabilitation referral. and
education for school dropouts and other
high-risk youth:
(3) to States for developmen& enduing,
technical assistance, and coordination ac-
tivities;
(4) to institutions of higher education to-
establish. implement, and expand programs
of drug abuse education and prevention (in-
cluding rehabilitation referral) for students
enrolled in colleges and universities; and
NI to institutions of higher education in
cooperation with State and local education-
al agencies for teacher training programs in
drug abuse education and prevention.
PART 1-17MANcLa AssisimCE 101 DRUG AIME
EDUCATION AND Pfervinn7ON PROGRAMS
SSC 4111. AVIMORMATION OP APPROPRIATION&
(a) For the purpose of carrying out this
subtitle, there are authorised to be appropri-
ated $200,000,000 for Meal year 1987 and
$250,000.000 for each of Use fiscal years 1988
and 1989.
(b) Appropriations for any fiscal year for
payments made under this subtitle in ac-
cordance with regulations of the Secretary
may be made available for obligation or ex-
penditure by Use agency or institution con-
cerned on the bans 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 aPProariated
Id) Notwithstanding any other provision
of this subtitle, no 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 NIL RESERVATIONS AND STATE ALLOTMENTS.
(a) From the mans appropriated or other-
wise made available to carry out this sub-
title for any fiscal year, the Secretary shall
reserve?
(1) 1 percent for payments to Guam, Amer-
-ican 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) 2 percent for programs for Indian
youth under section 4133; ?
(3) 0.2 percent for programs for Hatches
natives under section 4134; ?
(4) 8 percent for programs with- institu-
tions of higher education under section
4131;
(5) 3.5 percent for Federal activities under
section 4132; and -
(V 4.5 percent for regional centers under
section 4135.
(b1(1) From Me remainder of the sums not
reserved under subsection (a), the Secretary
shall allot to each State and amount which
bears the same natio to the amount of such
remainder as the school-age populations of
the State bears to the school-age population
of all States, except that no State shall be al-
-toted less than an amount equal to 0.5 per-
cent of such remainder.
(2) The Secretary may reallot any amount
at any allobnent to-a State to the extent that
the SeCretary determines that the State will
not be able to obligate such amount within
two yeas of allotment. Any such niailobnent
shall be made on the same basis as an allot-
ment under paragraph
(3) For purposes of this subsection, the '
term *State" means any of the fifty States.
the District of Columbia. and Puerto Rico.
IV For each fiscal year. the Secretary shall
make payments. as wended by section
8503(a) of title 31, United States Code, to
each State from Us allotment under this rub-
section froset amounts aloProiniated for that
final year.
PART I?STATE AND LOCAL PROGRAM
SIC 4121. DM oitALLerstEtas arsTA1E1
(a) An amount eased to 30 Percent of the
total amount paid to a State from its allot-
ment under section 4112 for any fiscal year
shall be used by the chief executive officer of
such Stale for program is accordance with
section 4122.
(b) An amount equal to 70 percent of the
total amount paid to a State from its allot-
ment under section 4112 for any fiscal year
shall be used by the State educatiord Wesel
to earn/ out its responsibilities in accord-
ance with section 4124 and for grants to
local and intermediate educational agencies
and consortia for programs and activities
is accordance with section 4125.
SIC tux (Mid PROGRAM
(a) Not more than 50 percent of the funds
available for each fiscal year under section
41211a) to the chief executive officer of a
State shall be used for grants to and con-
tracts with local governments and other
public or private nonprofit entities (includ-
ing parent groups. community action agen-
cim, and anther community-based organisa-
tions) for the develpment and implementa-
tion of programs and activities such co?'
(1) local broadly-based programs for drug
and alcohol abuse prevention, early inter-
vention. rehabilitation referral, and educa-
tion for all age roux;
(2) training programs concerning drug
abuse education and prevention for teach-
ers. counselors, other educational personnel,
parents. local law enforcement officials, ju-
dicial officials, other public service person-
nel, and community leaders;
(3) the development and distribution of
educational and informational materials to
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CONGRESSIONAL RECORD ? HOUSE H 11257
Provide Public Information (through the
media and otherwise) for the purpose of
achieving a drug-free society;
(4) technical assistance to help communi-
ty-based organizations and local and inter-
mediate educational agencies and consortia
In the planning and implementation of drug
abuse prevention, early intervention, reha-
bilitation referral, and education programs;
(S) activities to encourage the coordina-
tion of drug abuse education and prevention
program with related community efforts and
resources, which may involve the use of a
broadly representative State advisory coun-
cil including members of the Stale board of.
education, members of local boards of edu-
cation. parents, teachers. counselors, health
and social service professionals, and others
having special interest or expertise; and
(6) other drug abuse education and pre-
vention activities, consistent with the pure-
poses of this subtitle.
(b)(1) Not less than SO percent of the funds
available for each fiscal year under section
4121(a) to the chief executive officer of
State shall be used for innovative communi-
ty-based programs of coordinated services
for high-risk youth. The chief executive offi-
cer of such State shall make grants to or
contracts with local governments and other
public and private nonprofit bibles (includ-
ing parent groups community action agen-
cies, and other community-based organiza-
tions) to carry out such services.
(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;
(13) has become pregnant;
(C) is economically disadvantaged;
ID) is the child of a drug or alcohol abuser;
(11) is a victim of physical, sexual. or ;my-
thological abuse;
(F) has committed a violent or delinquent
act;
(G) has experienced mental health prob-
lems;
HAMA attempted suicide; or
(I) has experienced long-tents Physical
pain due to injury.
SEC 412L SPATS APPLICATIONS.
(a) In order to receive an allobisent under
section 4112(b), a State shall submit an air-
plication to the Secretary. As part of such
application, the chief =Cativo officer of the
State shall agree to use the funds made
available under section 4121(a) in accord-
ance with the requirements of this part. As
part of such application, the State educa-
tional agency of the State shall agree to use
the funds made available under section
4121(0) 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 suck 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 com-
pliance with the specific requirements of
this part;
(e) describe the manner in which the State
educational agency will coordinate its ef-
forts with appropriate State health, law en-
forcement, and drug abuse prevention agen-
cies, including the State agency which ad-
ministers the Alcohol. Date Abuse, and
Mental Health block grant under part B of
WU XIX of the Public Health Service Act;
(7) provide assurances that the State edu-
cational agency will provide financial as-
sistance under this part only to local and
tennedials educational aqesela and Mum'
Ha which establish and implement drug
abuse education and prevention Programs
in elementary and secondary schools; and
(5) provide for an annual evaluation of
the effectiveness of Programs assisted under
this part.
SEC 4124. 1211SPONSISIIJITSS OF SIAM EDUCATION-
AL AGENCIES.
(a) Each State educational agency shall
use a sum which shall be not less than 90
percent of the amounts available under sec-
tion 4121(b) for each fiscal year for grants to
local and intermediate educational agencies
and consortia Or the State, in accordance
with applications approved under section
4121. From such sum. the State educational
agency shall distribute funds for use among
areas served by local or intermediate educ-
Monet 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 /fir
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.
(b) Each State educational agency shall
use not more than 10 percent of the amounts
available under section 4121(b) for each
fiscal year for such activities as?
(1) training and technical assistance pro-
grams concerning drug abuse education and
prevention for local and intermediate edu-
cational agencies, including teachers, ad-
ministrators, athletic directors, other educe-
- &mai personnel, parents. !Gera law enforce-
merit officials, and judicial officials.
(2) the development, dissemination, imple-
mentation, 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 num-
bers of economically disadvantaged children
or sparsely populated areas, or to meet ape-
- cirri needs; and
(5) administrative costs of the State edu-
cational agency in carrying out its responsi-
bilities under this part, not in excess of 2.5
percent of the amount available under sec-
tion 4121(6).
SSC 412S. LOCAL DIWG ARUM EDUCATION AND PBX
TENTION PROGRAM&
(a) Any amounts mad* available to local
or intermediate educational agencies or
consortia under section -41241a) shall be
used for drug and alcohol abuse preventiofl
and education programs and activities.
in-
chiding?
(1) the development, acquisition, and im-
plementation of elementary 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);
ID family drug abuse prevention pro-
grams, including education for parents to
increase awareness about the symptoms and
effects of drug use through the development
and dissemination of appropriate educa-
tional materials;
(4) drug abuse prevention counseling pro-
grams (which counsel that illicit drug use is
wrong and harmful) for students and par-
ents, including professional and peer coun-
selors and involving the particpation (where
appropriate) of parent or other adult coun-
selors and reformed abusers;
(S) programs of drug abuse treatment and
rehabilitation referral;
(V programs of Jimmie* and preservice
training in drug and alcohol abuse preven-
tion for teachers, counselors, other educa-
tional personnel, athletic directors. Public
service p.m:pine& Jam enforcement officials,
judicial officials, and community leaders;
(7) programs in primary prevention and
early intervention, such as the itnerdisci-
plinary school-team approach;
(S) .community education programs and
other activities to involve parents and com-
munities in the fight against drug and alco-
hol abuse;
(0) Public education programs on drug
and alcohol abuse, including programs uti-
lizing professionals and former drug and al-
cohol abusers;
(10) on-site efforts in schools to enhance
identtficaiton and discipline of drug and al-
cohol abuaess, and to enable law enforce-
ment officials to take necessary action in
cases of drug possession and supplying od
drugs and alcohol to the student population;
(ID special programs and activities to
prevent drug and _o4cohol abuse among stu-
dent athletes, involving their parents and
family in such drug and alcohol abuse pre-
vention efforts and using athletic programs
and personnel in preventing drug and alco-
hol 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 ibiermediate educational
(Loewy or consortium may -receive funds
under this part for any fiscal year covered
by an application under section 4126 ap-
proved by the State educational agency.
SEC 411e. LOCAL APPLICATION&
(aEU) In order to be eligible- to receive a
grant under this part for any fiscal year, a
local or intermediate educational agency or
consortium 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 pro-
grams to. be carried out by the applicant
under this part;
(B) contain an estimate of the cost for the
establishment and operation of such pro-
grams;
(C) establish or designate a local or sub-
state regional advisory council on drug
abuse education and prevention composed
of individuals who are parents, teachers, of-
ficers of State and local government, medi-
cal professionals, representatives of the law
enforcement community. community-based
organisations, and other groups with inter-
est and expertise in the field of drug abuse
education and prevention;
(D) describe the manner in which the ap-
plicant will establish, implement, or aug-
ment mandatory age-app,opriate, develop-
mentally-based, drug abuse education and
prevention programs for students through-
out all grades of the schools operated or
served by the applicant (from the early
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H 11258 CONGRESSIONAL RECORD ? HOUSE October 17, 1986
childhood level through grade 11), and pro- with local elementary' and secondary schools 2Se 415a PROGRAMS Peg MINAN rOera
vide assurances that the applicant enforces for the development and implementation of fall11 From the funds reserved pursuant to
related rules and regulations of student con-. quality drug abuse education curricula. In section 4112(a)(2), the Secretary shall make
duct; the meld of event* under this subsection, payments and grants and enter into other fi-
(5) describe the manner in which the ap-
plicant will coordinate its efforts under this
part with other programs in the community
related to drug abuse education, prevention,
treabrient, 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 turd alco
hal abuts education, intervention. and infer'
rat for treatment and rehabilitation /Or the
student population;
(G) provide assurances that the Federal
funds made available under this part shoal
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 applicant 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;
ID agree to keep such records and provide
such in/brow/ion to the State educational
agency as reasonably may be required for
fiscal audit and pronoun' evaluation. con-
sistent with the responsibilities of the-State
agency under this part; and
(I) include such other information and as-
surances as the State educational agency
reasonably determines to be necessary. -
PART I-4,111110PIAL ~MANZ
SSC 4185. =ANTS rtY swiTrifiroNs OP HIM*
ILMICATTOIK
AVM FT0111 sums reserved by the Secretary
under section 4112*W) for the purposes of
this section, the Secretary shall make grants
to or enter into contracts with institutions
of higher education or consortia of such in-
stitutions for drug abuse education and pre-
vention programs under this section.
ID The Secretary shall make financial as-
sistance available on a competitive basis
under this section. An institution of higher
education or consortium of such institu-
tions 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 *formation as the
Secretary may reasonably require in accord-
ance 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 wilco's)
and to ensure the equitable geographic par-
ticipation of such institutions. In the award'
of grants and Contracts under this section,
the Secretary shall give appropriate consid-
eration to colleges and universities of limit-
ed enrollment.
(4) Not less than 50 percent of sums avail-
able for the purposes of-this section shall be
used to make grants under subsection Id).
lb, Training grants shall be available for?
a) presentee and inservice training and
instruction of teachers and other personnel
in the field of drug abuse education and pre-
vention in elementary and secondary
sdsools:
(2) summer institutes and wonlehops in
instruction in the field of drug abuse educa-
tion and prevention;
CV research and demonstration programs
for teacher training and retraining in drug
abuse education and prevention;
(4) training programs fi:or law enforcement
officials, Judicial officials, commuity lead-
ers, parents. and government officials.
lc) Grants shall be available for model
demonstration programs to be coordinated
the Becrettarg shall irive Priority consider- societal arrangements for Indian programs
atilt,* to font Predicts involving faculty of is acamlance with this subsection.
institutions a/ higher education and teach-
en in elementary and secondary schools in
the practical application, of the findings of
educational research and evaluation and
the integration of such research into dna
abuse education and prevention programs. -
Id) Grants 'shall be available under this
subsection to develop. implants; operate.
and *Wine programs of drug abuse educa-
tion and prevention (including rehabilita-
tion Wand) for students enrolled in insti-
tutions of higher education.
lei in mektrig gnats under paragraphs (/)
and (2) of subsection I* the Secretary shall
encourage projects which provide for coordi-
nated
and collaborative efforts between
Elate educational agencies. local education-
al agencies. and regional centers established
under section 4135.
sec 4111 PM:AU ACI711711111
(a) From sums rwerved by the Secretary
under section 411214)(5). the Secretary shall
carry out the purposes of this *venom.
(b) The Secretors) of Education in conjunc-
tion with the Secretary of Health and
Hannan Services shall carry out Federal edu-
cation- and prevention activities on drug
abuse.
The Secretary shall coordinate, such drug
abuse education and prevention activities
with other appropriate Federal activities re-
lated to drug abate. The Seentarysliall? ?
(1) provide information on drug abuse
education and prevention to the Secretary
of Health. and Human Smocks for dissent-
nation by the clearinghouse far alcohol and
drug abuse infOrnsatton established under
section 501 of the Public Health Service Act
las amended by Ode Act): '
facilitate the utilisation of alrlsrolirkihr
means of communicating to students at all
educational levels about the dangers of drug
use and alcohol abuse, especially involving
the participating of entertainment personal-
ities and athletes who are recognisable role
modek for many young peophe
(3) develop. publicise the availability o1.
and widely disseminate audio-visual and
other curricular materials for drug abuse
education and prevention programs in els-
mentary and secondary schools throughout
the Nation;
(d) provide technical 'assistance to State.
local, and intermediate education agencies
and consortia in the selection and imple-
mentation of drug abuts education and pre-
vention curricula, approaches. and pro-
grams to address most effectively the needs
of the elementary and secondary schools
served by such agencies; awl
(5) identify research and development pri-
orities with regard to school-based drug
abuse education and prevention. particular-
ly age-appropriate programs focusing on
kindergarten through grade 4.
fc) From the funds available to carry out
this section. the Secretary shall make avail-
able $500,000 to the Secretary of Health and
Human Services for the clearinghouse estab-
lished under section 500 of the Public Health
Service Act ( amended by this Act)
(d) The Secretary of Education in connec-
tion with the Secretary of Health and
Human Services shall conduct, directly or
by contract, a study of the nature and effec-
tiveness of existing Federal, State, and local
programs of drug abuse education and pre-
vention and shall submit a report of the
findings of such study t e the President and
to the appropriate committees of the Con-
gress not later than one year after the date
of the enactment of this Act.
(2) The Secretary of Education shall enter
into such financial arrangements as the Sec-
retary 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 arrangements shall be made
pursuant to an agreement between- the Secre-
tary
of Education and the Secretary of the
Interior containing such assurances and
terms as they determine will best achieve the
purposes of this title. ?
13) 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-Determination Act or under
the Act of April 11, 1934, enter into grants or
contracts with any tribal *reanimation of
any such Indian tribe to plan, conduct. and
administer programs which are authorised
and consistent with the purposes of this title
(particidariy programs for Indian children
who are school dropouts), except that such
greats or contracts shall be subject to the
terms and condition of section 1112 of the
Indian Self-Determination Act and shall be
conducted in accordance with sections 4. 5,
and E of the dort of April 14 1934. which are
relevant to the- programs administered
under Usgs parrigrank.
(4) Programa funded under this subsection
shall be in addition to such other programs,
services, and mantles as are made avail-
able to eligible Indians under other provi-
stone of this subtitle.
(bill) Section 304 of the Indian Elementa-
ry and Secondary School Assistance Act (20
U.S.0 :dice) is amended by?
(A) striking out "and" at the end of Para-
graph ID;
(B) striking out the period at the end of
paragraph (2) and inserting in lieu thereof
and"; and
(C) adding at the end Vie following new
paragrash: -
"l3)
the training of =winters at schools
eligible for funding under this title in cows-
sidiug technical, relevant to the treatment
of alcohol and substance abuse.".
(2) Section 423 of the Indian Education
Act 120 U.S.C. 3315b) is amended?
(A) in subsection (a), by inserting "clini-
cal Perahology," after "medicine."; and
NM by adding at Me end of the settles the
following new rubsection:
'Ye) Not more than 19 percent of the fel-
lowships awarded under subsection (a) shall
be awarded, an 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 Amend-
ments of 1971 is amended by adding at the
end the following new subsection:
"(V(I) All schools funded by the Bureau of
Indian Affairs; shall include within their
curriculum a program of instruction relat-
ing to alcohol and substance abuse preven-
tion and treatment. The Assistant Secretary
shall provide the technical assistance neces-
sary to develop and implement such a pro-
gram for students in kindergarten and
grades 1 through /2, at the request of?
"(A) any Bureau of Indian Affairs school
(subject to the appraval of the school board
of such school); or
"(Br any school board of a school operat-
ing under a contract entered into under the
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October 17, 1986
CONGRESSIONAL RECORD ? HOUSE H 11259
Indian Self-Determination and Education
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
tor?
"(A) accurate reporting of all incidents re-
lating to alcohol and substance abuse: and
"(B) individual student crisis interven-
tion.
"IV The programs requested under para-
graph (1) shall be developed in consultation
toith the Indian tribe that is to be served by
such program and health personnel in the
local community of such tribe.
"NI Schools requesting Program assist-
ance under this subsection are encouraged
to involve family units and, where appropri-
ate, tribal elders and Native healers in such
instructions."
(4) Section 1129 of the Educational
Amendments of 1978 is amended by adding
at the end the following new subsection:
"teal) A financial plan under subsection
(W. for a school may include at the discre-
tion 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 Af-
fairs shall provide for the utilization of any
such school facility during any summer, in
which such utilization is requested.
"(2) Notwithstanding any other prevision
of law, funds authorised under the Act of
April Ig, 1934 (25 U.S.C. 452 et seq.) and the
Indian Education Act may be used to aug-
ment tits services provided in each summer
program at the option, and under the con-
trol, of the tribe or Indian controlled school
receiving such funds.
"(3) The Assistant-Secretary of Indian Af-
fairs, acting' through the Director of the
Office of Indian Eduction Programs, shall
provide technical assistance and Coordina-
tion for any Program described in Para-
graph 111 and shad to the extent possible,
encourage the coordinators of such pro-
grams with any other summer programa
that might benefit hadian youth, regardless
of the funding source or administrative
entity of any such program".
SRC 41Se PItOGRASIS FOR HAWAIIAN NAMES
(a) From the funds reserved pursuant to
section 4112(a14'3), the Secretary shall enter
Into contracts with oroanisations Primarily
serving and representing Hawaiian natives
which are recognised by the Governor of the'
State of Hawaii to plan, conduct, and ad-
minister programs, or portions thereof,
which are authorized by and consistent 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 indi-
vidual any of whose ancestors were natives,
prior to 1778, of the area which now com-
prises the State of Hermit
NEC. RSGIONAL CENTERS
The Secretary shall use the amounts made
available to carry out this section for each
fiscal year to maintain 5 regional centers
to?
(I) train school teams to assess the scope
and nature ol their drug abuse and alcohol
abuse problems, mobilize the community 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 assistance, evaluation, and
followup on such training;
(2) assist State educational agencies in co-
ordinating and strengthening drug abuse
and alcohol abuse education and prevention
programs;
(3) assist local educational agencies and
institutions of higher education in develop-
ing appropriate pre-service and in-service
training programs for educational person-
nel; and
(4) evaluate and disseminate information
on effective drug abuse and alcohol abuse
education and prevention programs and
strategies.
PART 41?ORMIZAL PROT:MOAN
SIC 4145. DIFINITIONS
(a) Except as otherwise provided, the
terms used in this subtitle shall have the
meaning provided under section 595 of the
Education Consolidation and Improvement
Act of 1981.
(b) For the purposes of this subtitle, the
following terms have the following mean-
ings:
(I) The term "drug abuse education and
prevention" means prevention, cart', inter-
vention rehabilitation referral, and educa-
tion related to the (Oise of alcohol and the
use and abuse of controlled, iltegat addict-
ive, or harmful substances.
IV The term "illicit drug use" means the
use of illegal drugs and the abuse of other
drugs and alcohol,
(3) The term "Secretary" mean* Use Secre-
tary of Education.
(4) The term "school-age population"
means Use population aged five through sev-
enteen (inclusive), as determined by the Sec-
retary on the basis of the most recent satis-
factory 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 equivalency
for such a diploma.
(6) The term "State" means a State, the
District of Columbia. Puerto Rico, Guam,
American Samoa, the Norther* Marina Is-
lands, the Trust Territory of the Pacific Is-
lands, or the Virgin Islands.
(7) The terms 'institution of higher educa-
tion"' "secondary school" and "nonprofit""
haTethe meanings Jr/veiled in section 1001
of ills Elementary and Secondary Education
Act of 1965 in effect prior to October 1. 1981.
NI The term "consortium" (except is ac-
tion 4131) means a consortium of local edu-
cational agencies or of one or more internw-
diate educational agenciee and one or more
local educational agencies.
SSC ast IVNITIONS 01r TIE SSCASTAAY OP SDK
? CATION
(a) The Secretary shall be responsible for
the administration of Use programs author-
ized by this subtitle.
(b) Except as otherwise provided the Gen-
era Education Provisions Act shall apply to
programs authorised by this subtitle.
SEC MA PARTICIPATION OP CHILDREN AND
MACS= mom PRIVATE NONPROgff
SCHOOLS
(a) To the cetera consistent with the
number of school-age children in the State
or in the school attendance area of a local or
intermediate educational Wager or consor-
tium receiving financial assistance under
part 2. who are enrolled in private nonproftt
elementary and secondary schools. such
State, agent* or consortium shall. after con-
sultation with appropriate private school
representative*, make provision for Mend-
ing services and arrangements for the bene-
fit of such children as will assure the equita-
ble participation of such children in the
purposes and benefits of this subtitle.
(b) To the extent consistent with the
number of school-age children in the. State
or in the school attendance area of a local or
Intermediate educational agency or consor-
tium receiving financial assistance under
part 2 who are enrolled in private nonprofit
elementary and secondary schools, such
State. State educational agency, or State
Wens" for higher education shall, after con-
sultation with appropriate private school
representatives, make provision, for the ben-
efit of such teachers in such schools, for such
teacher training as will assure equitable
participation of such teachers in the pur-
poses and benefits of this subtitle.
(c) If by reason of any provision of law a
State. local, or intermediate 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 (b) or, if
the Secretary determines that a State. local,
or intermediate educational agency or con-
sortium has substantially failed or is unwill-
ing 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 re-
quirements of this section. Such waivers
shall be subject to consultation, withhold-
ing notice, and judicial review require-
menta in accordance with paragraphs (3)
and (4) of section 557(b) of the Education
Consolidation and Improvement Act of
1981.
SSC 4144. MATERIALS
Any materials produced or distributed
with funds made available under this sub-
title shall reflect the message that illicit
drug use is wrong and harmful. The Secre-
tary shall not review curricula and shall not
prornulgae regulations to carry out this
subsection or subparagraph (1) or (4) of sec-
tion 4125(a).
Saha& C?Indisiss and Alaska Natives
Sat 4:11. SNORT TITLE.
This subtitle may be cited as the "Indian
Alcohol and Substance Abuse Prevention
and Treatment Act of 1986".
PART 1?Givasest ~Mon
SIC aa FirMiNGS
The Congress finds and declares that?
(2) the Federal Government has a. histori-
cal relationship and unique legal and more/
responsibility to Indian tribes and their
members.
(2) included in this responsibility is the
treaty, statutory, and historical obligation
to assist the Indian trete in meeting the
health and social needs of their members.
(3) alcoholism and alcohol and substance
anise 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.
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 sub-
stance misuse results in a rate of years of
potential life last nearly 5 times that of the
United States.
(S) 4 of the top 10 causes of death among
Indians are alcohol and drug related inte-
rim (18 percent of all deaths), chronic liver
disease and cirrhosis 15 percent); suicide (3
percent), and homicide (3 percent),
NU primarily because deaths from unin-
tentional injuries and violence occur dispro-
portionately among young people, the age-
specific death rate for Indians is approxi-
mately 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
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CONGRESSIONAL RECORD ? HOUSE October 17, 1986
to commit suicide as the general population
and approximately 80 percent of those sui-
cides are alcohol-related,
(8) Indians between the ages 0/ 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 treatment 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 educa-
tion, 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 re-
sPonsibility for protecting and ensuring the
well-being of their members and the re-
sources made available under this subtitle
will assist Indian tribes in meeting that re-
sponsibility.
WC. ass. PURPO8L
It is the purpose of this subtitle to?
( 1 ) authorise and develop a comprehen- _
sive, coordinated attack upon the illegal
narcotics traffic in Indian country and the
deleterious impact of alcohol and substance
abuse upon Indian tribes and their mem-
bers.
(2) provide needed direction and guidance
to those Federal agencies responsible for
Indian programs to identify and focus exist-
ing programs and resources, including those
made available by this subtitle, upon this
problem.
(3) provide authority and opportunities
for Indian tribes to. develop and implement
a coordinated program for the prevention
and treatment of alcohol and substance
abuse at the local level. and
(4) to modify or supplement existing pro-
grams and authorities in the areas of educa-
tion, family and social services, law enforce-
ment and. judicial services, and health serv-
ices to further the purposes of this subtitle.
SEC. 0411. DEFIN1770N8.
For purposes of this subtitle?
(1) The term "agency" means the local ad-
ministrative 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 mean-
ing given it in any particular Tribal Action
Plan adopted pursuant to section 4205,
except that, for purposes of statistical re-
porting 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 arm-
nixed group or community of Indians (in-
cluding any Alaska Native village or region-
al or village corporation as defined in, or es-
tablished pursuant to, the Alaska Native
Claims Settlement Act (43 U.S.C. 1801 et
seq.)) which is recognised as eligible for spe-
cial 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 identifica-
tion of. Indiana who are at risk with respect
to, or who are abusers cif, alcohol or con-
trolled substances,
- (B) intervention into cases of on-going al-
cohol and substance 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 al. abuse, ?
rehabilitation to provide on-going as-
sistance, either on an inpatient or outpa-
tient basis, to help Indians reform or ab-
stain from alcohol or substance abuse, '
(F) follow-up or after-care to provide the
appropriate counseling and assistance on
an outpatient basis. and
. referral to other sources of assistance
Or resources.
(5) The term "service unit" means an ad-
ministrative entity within the Indian
Health Service or a tribe or tribal organisa-
tion operating health care programs or fa-
cilities with funds from the Indian Health
Service under the Indian Self-Determination
Act through which the services are provided,
directly or by contract, to the eligible Indian
population within a defined geographic
areaS
PART II?COORDINA770N OF RESOURCES
AND PROGRAMS
SEC. nes. INITR-DEPARTNENTAL MEMORANDUM OP
AGNINNIINT.
(a) IN GeNZ1L42.?Not later than 120 days
after the date of enactment of this subtitle,
the Secretary of the Interior and the Secre-
tary of Health- and Human Services shall de-
velop and enter into a Memorandum of
Agreement which shall, among other
things?
(1) determine and define the scope of the
problem of alcohol and substance abuse for
Indian tribes and their members and its fi-
nancial and human costs, and specifically
Identify such problems affecting Indian
youth.
(V identify?
(A) the resources and Programs of the
Bureau of Indian Affairs and Indian Health
Service, and
(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 min-
imum standards for each agency's program
responsibilities under the Memorandum of
Agreement which may be?
(Al the existing. Federal or State standards
in effect, or
(B) in the absence of such standards, new
standards which will be developed and es-
tablished in consultation with Indian tribes,
(4) coordinate the Bureau of Indian AJ
fairs and /ndian Health Service alcohol and
substance abuse programs misting on the
date of the enactment of this subtitle with
programs or efforts established by this sub-
title,
151 delineate the responsibilities of the
Bureau of Indian Affairs and the Indian
Health Service to coordinate alcohol and
substance abuentiated services at the cen-
tral, area, agency, and service unit levels.
(6) direct Bureau of Indian Affairs agency
and ? education superintendents, where ap-
propriate, and the Indian Health Service
service unit directors to cooperate fully with
tribal requests made pursuant to section
4208, and
(7) provide for an annual review of such
agreements by the Secretary of the Interior
and the Secretary of Health and Human
Services.
(b) Catiucren or Acrrvmxs.?To the
extent that there are new activities under-
taken pursuant to this subtitle, those activi-
ties shall supplement, not supplant, activi-
ties, programs, and lace/ 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. con-
trol, in accordance with the Indian Self-De-
termination and Education Assistance Act
(25 (f.S.C. 450 et seq.), and local control, in
accordance with section 1130 of the Educa-
tion Amendments of 1978 (25 U.S.C. 2010).
lc) COMILTATION.-77141 Secretary of the In-
terior and the Secretary of Health and
Human Services shall, in developing the
Memorandum of Agreement under subsec-
tion (a), consult with and solicit the com-
ments of?
(1) interested Indian tribes,
(2) Indian individuals,
(3) Indian organisations, and
(4) professionals in the treatment of alco-
hol and substance abuse.
(d) Pcnucerrom.?The Memorandum of
Agreement under subsection (a) shall be sub-
mitted to Congress and published in the Fed-
eral 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 subsec-
tion (a) to each Indian tribe.
MC nog 12IR4L ACTION PLAN&
(a) IN GENZAILL?The governing body at
any ? Indian tribe may, at its discretion.
adopt a resolution for the establishment of a
Tribal Action Plan to coordinate available
resources and programs, including programs
and resources made available by this sub-
title, in an effort to combat -alcohol and sub-
stance abuse among its members. Such reso-
lution shall be the basis for the implementa-
tion of this subtitle and of the Memorandum
of Agreement under section 4205.
(b) COOMAATION.?At the request of any
Indian tribe pursuant to a resolution adopt-
ed under subsection (a), the Bureau of
/ndian Affairs agency and education-super-
intendents, where appropriate, and the
Indian Health Service service unit director
providing services to such tribe shall cooper-
ate with. the tribe in the development of a
Tribal Action Plan to coordinate resources
and Programs relevant to alcohol and sub-
stance 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 implemen-
tation of the Tribal Action Plan under sub-
section (a).
(c) Pr:Om:tom? -
(1) Any Tribal Action Plan entered into
under subsection (b) shall provide for?
(A) the establishment of a Tribal Coordi-
nating Committee which shall?
at a minimum, have as members a
tribal representative who shall serve as
Chairman and the Bureau a/ Indian Affairs
agency and education superintendents,
where appropriate, and -the Indian Health
Service service unit director, or their repre-
sentatives.
(if) have primary responsibility for the im-
plementation 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 train-
ing in the prevention and treatment of alco-
hol and substance -abuse among Indians as
provided under section 4228, and
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CONGRESSIONAL RECORD ? HOUSE H 11261
(IL) the incorporation of the minimum
standards for those programs and services
which it encompasses which shall be?
n) the Federal or State standards as pro-
vided in section 4205(a1(3). or
NV applicable tribal standards if such
standards are no less stringent than the Fed-
eral or State standard&
(2) Any Tribal Action Plan may, among
other things, provide for?
(A) an assessment of the scope of the Prob.
lern of alcohol and substance abuse for the
Indian tribe which adopted the resolution
for the Man,
(2) Use identification and coordination of
available resources and programs relevant
to a program of alcohol and substance abuse
prevention and treatment,
(3) Use establishment and prioritisation 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 under-
taken as part of the Tribal Action Plan.
(d) GRANTS.?(1) The Secretary a I the Inte-
rior may make grants to Indian tribes
adopting a resolution pursuant to subsec-
tion (a) to provide technical assistance in
Use development of a Tribal Action Plan.
The-Secretary shall allocate funds based on
need.
(V There is authorised to be appropriated
not to exceed $1,090,000 for each of Use fiscal
year 1987, 1988, and 19112 for grants under
this subsection.
(e) noses& ACTIOM-11 any Indian tribe
does not adopt a. resolution as provided in
subsection (a) within 90 days after the pub-
lication of Use Memorandum of Agreement
in the Federal Register as provided in sec-
tion 4205. the Secretors of Use Interior and
the Secretary of Health and Human Services
shall mutts the Bureau of Indian Affairs
agency and education superintendente
where appropriate, and the India* Health
Service service unit director serving such
tribe to enter into an agreement to identifY
and -coordinate available programs and re-
sources to carry out Use purposes of this sub-
title for such tribe. After such an Agreement
has been entered into for a tribe such tribe
may adopt a resolution under subsection
(a).
Sic Da DEPARTMLVTAL RSIVONSIIILITE
IMPLZISSINATION..-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 re-
sportsibility for the implementation of this
subtitle in cooperation with Indian tribes.
(b) Orrtcs or. ALCOHOL AND Sussriscs
(11 In order to better coordinate the vari-
ous programs of the Bureau of Indian A!'
fain in carrying out this subtitle, there is es-
tablished within the Office of the Assistant
Secretary of Indian Affairs an 'Office of Al-
cohol and Substance Abuse The director of
such office shall be appointed by the Assist-
ant Secretary on a permanent barks at no
less Man a grade 03-15 of the General
Schedule.
(2) In addition to other responsibilities
which may be assigned to such Office, it
shall be resPonsible for?
trii monitoring the performance and COns-
Intones of programs of the Bureau of Indian
Affairs in meeting the goals and purposes of
this subtitle and the Memorandum of Agree-
ment entered into under section 4205, and
(B) saving as a point of contact within
the Bureau of Indian Affairs for Indian
tribes and the Tribal Coordinating Commit-
tees regarding the implementation of this
subtitle, the Memorandum of Agreement,
and any Tribal Action Flan, established
under section 4208.
(c) frown Yount' PROGRAMS OMICTIL?
(1) There it established in the Office of Al-
cohol and Substance Abuse the position to
be known as the Indian Youth Programs Of
ficer.
(2)- The position of Indian Youth Pro-
grams Officer shall be established on a per-
manent basis at no lesi than the grade of
051-14 of the General Schedule.
(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 perfbresasice and cons-
Pliancy of Programs of the Bureau Of Indian
Affairs in meeting the goals and purposes of
this subtitle and the Memorandum of Agree-
ment entered into under section 4205 as they
relate to Indian youth efforts, and
(B) providing advice and recommenda-
tions, including recommendations submit-
ted by Indian tribes and Tribal Coordinat-
ing Committees, to the Director of the Office
of Alcohol and Substance Abuse as they
relate to Indian youth.
SIC aut coricessimorseL INTENT
It is the intent of Congress thet?
(1) specific Federal laws, and administra-
tive regulations promulgated thereunder, es-
tablishing programs of the Bureau of Indian
Affairs. the Indian Health Service, and other
Federal agencies. and
(V general Federal laws, including laws
limiting augmentation of Federal tonno-
priations or encouraging Joint or coopera-
tive frasdinth
shall be liberally construed and adminis-
tered to achieve the purposes of this subtitle.
MC au FEDERAL FACILITISR mem= AND
SWUM=
(a) FACILITI AVAILABILIIT.-.411 the further-
ance of the purposes and goals of this sub-
title, the Secretary of Use 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 Fed-
eral facilities, ProPerte, and equipment, in-
cluding school facilities. Such facility avail-
ability shall include school facilities under
the Secretor/ Of the Interior's jurisdiction:
Provided. That the use of any school facili-
ties shall be conditioned upon approval of
the local school board with jurisdiction over
such school
Its1 Cosra?Any additional cost 'associated
with the use of Federal facilities. PrulturtS
or equipment under subsection (a) may be
borne by the" Secretary of the Interior and
the Secretary of Health and Human Services
out of available Federal, tribal, State, local,
or private !sada 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 addi-
tional fends to meet the additional costs
which may be associated with the prevision
of such facilities, property, or equipment for
community use Where the use of Federal fa-
cilities.. property, or equipment under sub-
section (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 con-
stitute an augmentation of Federal appro-
.priations.
SRC OM NEVSLEITER. ?
The Secretary of the interior shall, not
later than 120 days after Use date of the en-
actment of this subtitle, publish an alcohol'
and substance abuse newsletter in coopera-
tion with the Secretary of Health and
Human Services and the Secretary of Educa-
tion to report on Indian alcohol and sub-
steam abuse protects and programa The
newsletter shall?
(1) be published once in each calendar
quartet
(2) include reviews of programs deter
mined by the Secretary of the Interior to be
exemplary and provide sufficient informa-
tion to enable interested persons to obtain
further information about such programs,
and
IV be circulated without charge to?
(A) schools.
(B) tribal offices,
(C) Bureau of Indian Affairs' agency and
area offices.
(D) /adieu Health Service area and serv-
ice unit offices.
(E) Indian Health Service alcohol pro-
grams. and
(F) other entities providing alcohol and
substance abuse related services or resources
to indica people.
PART III?INDIAN you're PROGRAMS
SRC MIL SWIM,/ Or PROGRAM&
(a) Rtrtsw.?In the development of the
Memorandum of Agreement required by sec-
tion 4205, the Secretors of the Interior and
the Secretary of Health and Human Serv-
ices, in cooperation with the Secretary of
Education shall review and consider?
ID Federal programs providing education
services or benefits to Indian children.
(2) tribal, State, local, and private educa-
tional resources and programs,
(3) Federal programs providing family
and social services and benefits for Indian
families and children,
NJ Federal programs relating to youth em-
PloYment, recreation, cultura4 and commu-
nity activities. and
(V tribal, State, local, and private re-
sources for programs similar to those cited
in paragraphs (3) and (4).
to determine their applicability and rel-
evance in carrying out the purposes of this
subtitle.
(b) PUBLIC.ATIOM?The results of the review
conducted under subsection (a) shall be pro-
vided to each Indian tribe as soon as possi-
ble for their consideration and use in the de-
velopment or modification of a Tribal
Action Plan under section 4208.
SSC al& INDIAN EDUCATION PROGRAM
(a) Prior Pnoonuts.?The Assistant Secre-
tor,/ of Indian Affairs shall develop and im-
plement pilot programs in selected schools
funded by the Bureau of Indian Affairs (sub-
ject 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 goats of the
Indian Alcohol and Substance Abuse Preven-
tion Act of 1986. The Assistant Secretary
shall defray all costs associated with Use
actual operation and support of the pilot
programs in the school from funds appropri-
ated for this Section,. For the pilot programa
there are authorised to be appropriated such
sums as may be necessary for each of the
fiscal years 1987, 1981. and 1989.
(b) Uss or lisins.?Federal financial as-
sistance made available to public or private
schools because of the enrollment of Indian
children pursuant to?
(l) the Act of April 18, 1934, as amended by
the Indian Education Assistance Act In
U.S.0 452 et- seq.),
(2) the Indian Elementary and Secondary
School Assistance Act (20 U.S.0 24Iaa et
seq.), and
IV the Indian Education Act (20 U.S.0
3385),
may be used to support a program of in-
struction relating to alcohol and substance
abuse prevention and treatment.
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CONGRESSIONAL RECORD ? HOUSE October 17, 1986
SEC nig EMERGENCY SMELTER&
(a) IN Gsrmitts..?A Tribal Action Plan
adopted pursuant to section 4206 may make
such provisions as may be necessary and
practical for the establishment, funding, it-
censin.g, 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 di-
rectly or indirectly related to alcohol or sub-
stance abuse.
(b) SZFIRRAM?
(1) /n 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 as defined by the Juvenile Justice
and Delinquency Prevention Act of 1974,
under circumstances where such youth may
not be immediately restored to the custody
of his parents or guardians and where there
is space available in an appropriately li-
censed and supervised emergency shelter or
half-way house, such youth shall be referred
to such facility in lieu of incarceration in a
secured facility unless such youth is deemed
a danger to himself or to other persons.
(2) /n any case where there is a space
available in an appropriately licensed and
supervised emergency shelter or half-way
house. the BUM= of Indian Affairs and
tribal courts are encouraged to refer Indian
youth convicted of offenses directly or indi-
rectly related to alcohol and substance abuse -
to such facilities in lieu of sentencing to in-
carceration in a secured juvenile facility.
(c) Dammam ro STATM?In the case of
any State that exercises criminal jurisdic-
tion over any part of Indian country under
section 1162 of title 18 of the United States
Code or section 401 of the Act of April 11,
1968 (25 U.S.0 1321), such State is urged to
require its law enforcement officers to?
/ 1 I place any Indian youth arrested for
any offense related to alcohol or substance
abuse in a temporary emergency shelter de-
scribed in subsection Id) or a community-
based alcohol or 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) STANDAAM?The Assistant Secretary of
Indian Affairs shall, as part of the develop-
ment 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) AurPOIUZATION.?For the planning and
design, construction, and renovation of
emergency shelters or half-way houses to
provide emergency care for Indian youth,
there is authorised to be appropriated
95,000,000 for each of the fiscal years 1987,
1988, and 1989. For the operation of emer-
gency shelters or half-warhouses-there is au-
thorised 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 subsec-
tion 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-Determination
Act.
SEC Int SOCIAL SER VICES MOM
(a) DAM?The Secretary of the Interior,
with respect to the administration of any
family or social services ;mom= by the
Bureau of Indian Affairs directly or through
contracts under the Indian Self-Determina-
tion 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 categorised to re-
flect 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.
(b) ILIMARAL o DArs.?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 service unit direc-
tor who will have responsibility for compil-
ing a tribal COMpTehentine report as provid-
ed in section 4230.
lc) Connossirkturr.?Zn carrying out the
requirements of subsections (a) and (b), the
Secretary shall insure that the data is com-
piled and reported in a manner which will
preserve the confidentiality of the families
and individuals.
PART IV?LAW ENFORCEMENT AND JUDICIAL
SERVICES
SEC ins. assiiiir OF PROGRAM&
fel LAW ENFORCEMENT JUZUCUL SERV-
102.?In the development of the Memoran-
dum of Agreement required by section 4205,
the Secretary 41 the Interior and the Secre-
tary of Health and Human Services, in coop-
eration with the Attorney General of the
United States, shall review and consider?
(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 enforce-
ment and judicial programa and systems
to determine their applicability and rel-
evance in carrying Out the Purposes of this
subtitle.
(b) Drssxmliurrom or Rzwsw.?The results
of the review conducted pursuant to subsec-
tion (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 MIR ILLEGAL NARCOTICS TRAFFIC ON THE
PAPAGO RESSRVAIION: SOURCE
ERADICATION
(a)(1) limsrlanson AND Coarnot ?The
Secretary of the Interior shall provide assist-
ance to the Papago Indian Tribe frohono
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 coordinated with appropri-
ate Federal Law enforcement agencies, in-
cluding the United States Customs Service.
(2) AU7IMIRIZA770143.?For the purpose of
providing the assistance required by subsec-
tion (a), there is authorised to be appropri-
ated $500,000 for each of the fiscal years
1987, 1988. and 1989. ?
(b)(1) Magmata SRADICA770N.?The Secre-
tary of the Interior, in cooperation with ap-
propriate Federal, tribal, and State and
local law enforcement agencies, shall estab-
lish and implement a program for the eradi-
cation 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 lb) 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-Determi-
nation Act.
(2) Aorrroluzsrzons.?To carry out subsec-
tion (a), there is authorised to be appropri-
ated such sums as may be necessary for each
of the fiscal years 1987, 1988, and 1989.
PART V?BUREAU OF INDIAN AFFAIRS LAW
ENFORCEMENT
MC 4217. MEAL coma SENTENCING AND MSS.
To enhance the ability of tribal govern-
ments to prevent and penalise the traffic of
illegal narcotics on Indian reservations,
paragraph (Ti of section 202 of the Act of
April 11, 1969 (25 U.S.0 1302) is amended by
striking out "for a term of six months and a
fine of 2500, or both" and inserting in lieu
thereof "for a term of one Year and a fine of
95,000. or both".
SSC MIS. SURIL4U OF INDIAN AFFAIRS LAW EN.
FORCILMENT AND JUDICIAL TRAINING
(a) IN Grosaut,.?The Secretary of the Inte-
rior 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 investi-
gation and prosecution of offenses relating
to illegal narcotics and in alcohol and sub-
stance abuse prevention and -treatment- Any
training provided to Bureau of Indian Af-
fairs and tribe/ law enforcement and judi-
cial-personnel as provided in subsection (a)
shall specifically include training in the
problems of youth alcohol and substance
abuse prevention and treatment. Such train-
ing shall be coordinated with the Indian
Health Service in the can 'Ing out of its re-
sponsibilities under section 4228.
(b) 4111710111ZA170N.?For the purpose of
providing the training required by subsec-
tion
lal, there are authorised to be appropri-
ated 91,500,000 for each of the fiscal years
1987, 1988, and 1989.
SSC 42I5. MEDICAL ASSESSMENT AND TREATMENT
OF JUVENILE OFFENDERS.
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
Affairs agency and Indian Health Service
unit of a procedure for the emergency medi-
cal assessment and treatment of every
Indian youth arrested or detained by
Bureau of Indian Affairs or tribal law en-
forcement personnel for an offense relating
to or involving alcohol or substance abuse.
The medical assessment required by this Sub-
section?
(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.
SIC UM JUVENILE MENTION LINTERS.'
(a) PIAN.?The Secretary of the Interior
shall construct or renovate and staff new or
existing juvenile detention centers. The Sec-
retary shall ensure that the construction
and -operation of the centers is consistent
with the Juvenile Justice and -Delinquency
Prevention Act of 197t
lb) AUT110111ZATION.?Por the purpose of
subsection (a), there is authorised to be ap-
propriated $10,000,000 for construction and
renovation for each of the fiscal years 1987,
1988, and 1989, and 85,000.000 for SI4,01mIl
and operation for each 41 the fiscal years
1987, 1988, and 1989.
SEC MIL MODEL INDIAN JUVENILE CODE.
The Secular" of the Interior, either direct-
ly or by contract, shall provide for the devel-
opment 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 re-
lating to the disposition of cases involving
Indian- youth arrested or detained by
Bureau of Indian Affair: or tribal law en-
forcement personnel for alcohol or drug re-
lated offenses. The development of such
model code shall be accomplished in coop-
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CONGRESSIONAL RECORD ? HOUSE H 11263
eration with Indian organisations having
an expertise or knowledge in the field of law
enforcement and judicial procedure and in
consultation with Indian tribes. Upon com-
pletion of the Model Code, the Secretary
shall make copies available to each Indian
tribe.
SEC 4221 LAW ENFORCEMENT AND JUDICIAL
REPORT
(a) COMPMATroti Op LAW ENTORCZifieNT
DATA.?The Secretary of the Interior, with re-
spect to-the administration of any law en-
forvement or judicial services program by
the Bureau of Indian Affairs. either directly
or through contracts Under the Indian Self-
Determination Act, shall require the compi-
lation of data relating to calls and encoun-
ters, 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 contrib-
uting factor.
lb) Itznium or 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) COmoDsrilnu.rrT.?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 individuals involved.
PART VI?INDIAN ALCOHOL AND SUBSTANCE
ABUSE TREATMENT AND REHABILITATION
SIC 4224. MITIHW OF PROGRAMS
(a) IN GENERAL.?In the development of the
Memorandum of Agreement required by sec-
tion 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 minding health services and
benefits to Indian tribes, including those re-
lating to mental health and alcohol and sub-
stance abuse prevention and treatment, and
(2) tribal. State and local, and private
health resources and programa.
13) where facilities to provide such treat-
ment are or should be located, and
(4) the effectiveness of public and private
alcohol and substance abuse treatment pro-
grams in operation on the date of the enact-
ment of this subtitle,
to determine their applicability and rel-
evance in carrying out Use purposes of this
subtitle.
lb) 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,
SIC 4221 INDIAN HEALTH SERVICE IIRSPONSIBIL-
Mit&
The Memorandum of Agreement entered
into pursuant to section 4205 shall include
specific provision, pursuant to which the
Indian Health Service shall assume respon-
sibility for?
(1) the determination of the scope of the
problem of alcohol and substance abuse
among Indian People. including the number
of Indiana 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,
(2) an assessment of the existing and
needed resources necessary for the preven-
tion 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 a program of prevention
of alcohol and substance abuse and treat-
ment of Indians affected by alcohol and sub-
stance abuse.
SIC 42M INDIAN HEALTH SERVICE PROGRAM
The Secretary Of Health and Human Serv-
ices, acting through the Indian Health Serv-
ice, shall provide a program of comprehen-
sive alcohol and substance abuse prevention
and treatment which shall include?
(I) prevention, through educational inter-
vention. in Indian communities.
(2) acute detoxification and treatment,
(3) community-based rehabilitation. and
(4) community education and involve-
ment, including extensive training of health
care, educational, and community-based
personnel. "
The target population of such a program
shall be Me members of Indian tribes. Addi-
tionally. efforts to train and educate key
members of the Indian community shall
target employees of health. education, judi-
cial, law enforcement, legal, and social serv-
ice programs.
SRC an INDIAN- REALM =VICE' TOOTH PRO-
GRAM
DETWONCATION 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 re-
gional centers shall be integrated with Me
intake and rehabilitation programs based in
the referring Indian community.
lb) Cwints&?The Secretary shall con-
struct or renovate a youth regional treat-
ment center in each area under the jurisdic-
tion of an Indian Health Service area office
For purposes of Um preceding sentence, the
area cif/Ices of t h ? Indian Health Service in
Tucson and Phoenix, Ariscnus, shall be con-
sidered one area office. The regional treat-
ment waters shall be appropriately staffed
with health professionals; There are author-
tied to be appropriated $0.000,000 for Me
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 /911Z 1988, and 1989.
lc) Fxzwitstze Ownszr Entricrowts.?
(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 sub-
stance abuse treatment centers for Indian
Youth. and
(8) 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.
(2) Any structure described in paragraph
(I) may be used under such terms and condi-
tions as may be agreed upon by t h e Secre-
tary of Health and Human Services and the
agency having responsibility for the struc-
ture.
(3) There are authorized to be appropri-
? ated 23,000,000 for* each of the fiscal years
1987, 1988. and 1989. -
(d) RJUDIJULITATION AND FOLLOW.UP SERV-
ICE:L?
ID The Secretary, in cooperation with the
Secretary of the Interior, shall develop and
implement within each Indian Health Serv-
ice service unit.community-based rehabilita-
tion and follow-up services for Indian youth
who are alcohol or substance abusers which
are designed to integrate Long-teras treat-
ment and to monitor and support the
Indian youth after their return to their
home community.
(2) Services under paragraph (I) shall be
administered within each service unit by
trained staff within the community who can
assist the Indian youth in continuing devel-
opment of self-image, positive problem-solv-
ing skills, and nonalcohol or substance
abusing behaviors; Such staff shall include
alcohol and substance abuse counselors,
mental health professionals, and other
health professionals and paraprofessionals.
including community health representa-
tives;
(3) For the purpose of providing the serv-
ices authorised by paragraph fa there are
authorized to be appropriated $9,000,000 for
each of the fiscal -years 1987. 1988, and 1989.
SSC um 7RAINING AND CONMUNffY EDUCATION.
(a) Commwary EDUCATION.?The Secretary,
in cooperation with Me Secretary of the In-
terior, shall develop and implement within
each service unit a program of community
education and involvement which shall be
designed to provide concise and timely in-
formation 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 com-
munity, including political leaders, tribal
Judges, law enforcement personnel, members
of tribal health and education boards, and
other critical parties;
lb) TRAINI140.?The Secretary of Health and
Human Services shall either directly or
through contract, provide instruction in the
area of alcohol and substance abuse, includ-
ing instruction fit crisis -intervention and
family relations in the context of alcohol
and substance abuse. Youth alcohol and sub-
stance abuse, and the causes and effects of
fetal. alcohol syndrome to appropriate em-
ployees of the Bureau of Indian Affairs and
the Indian Health Service, and personnel in
schools or programs operated under any
contract with Me Bureau of Indian Affairs
or the Indian Health Services, including su-
pervisors of ememency shelters and half-way
houses described in section 4213.
"(c)(1) DIDIONSIDATION PRoort.ut ?The
Secretary. of Health and Human Services
shall establish at least one demonstration
Protect to determine the most effective and
cost-efficient means of?
"(A) providing health promotion and die-
ease prevention services,
"UV encouraging Indians to adopt good
health. habits,
"(C) reducing health risks to Indians, par-
ticularly the risks of heart disease, cancer,
stroke, diabetes, ? ? ? depression, and life-
style-related accidents,
' "(Di reducing medical expenses of Indians
through health promotion and disease pre-
vention activities.
"(I) establishing a program?.
"(1) Which trains Indians in the provision
of health promotion and disease prevention
services to members of their tribe, and
"(ii) under which such Indians are avail-
able on a contract baste to provide such
services to other tribes. and
"(1,) providing training and continuing
education to employees of the service, and to
paraprofessionals participating in the Com-
munity Health Representative Program, in
the delivery of health promotion and disease
prevention services.
"12) The demonstration project described
in paragraph (1) shall include an analysis of
the cost effectiveness of organisational
structures and of social and educational
programs that may be useful in achieving
the objectives described in paragraph al.
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CONGRESSIONAL RECORD ? HOUSE October 17,1986
"131(Al The demonstration project de-
scribed in parigraph 111 shall be conducted
in association with at least one?
"(V health profession school,
"fii) allied health profession or nurse
training initibetion. or
"MO public or private entity that pro-
vides health care.
"1131 The Secretary is authorised to enter
into contracts with, or make grants to any
school of uredictee or school of osteopathy
for the Purpose of carrying out the demon-
stration project described in paragraph Ilk
"(Cl Par purpoees of this Parana" the
term 'school of medicine' and School of oste-
opathy' have the respective meaning gam
to such terms by section 79041 of the Public
Health Service Act 142 U.S.C. 29280411..
"141 The Secretary Mall submit to Con-
cress a final report ea the demensbution
project described. be paragraph ID within SO
days after the terniination of such project.
151 For purposes of this paragraph, the
term 'health promotion shot: include
"GO reduction in the misuse of alcohol
and drags,
"1131 cessation of tobacco smoking
"(Clingrovement of nutrition.
"(7)) improvement in physical fitness.
-(E) fOndly pierating, and
"W) control of amen'
"Cl) Per purposes of this paragraph the
term 'amass prevention' Mall include .
"(I) immunisations,
'(2) control of high blood rearms
"(3) control of sexually transmittable ds-_
sonnet or services were involved and which
were related. either directly or indirectly to
akohol or substance abuse. Such report shall
include the type of wastance provided and
Me disposition of Mese men
(b) Ritnititu, or Dire.?The data compiled
under subsection (a)shaU be provided annu-
ally to the affected Indian tribe end Tribal
Coordinating Coisesitta to waist them in
developing or noodifying a Tribal Action
Phan
(C) CoMPallaiMmer Emeac?lach Indian.
Health Service service snit director Mali be
responsible jar amerabltrig the data com-
piled milder this section and section 4204
into at anstusil tribal comprehensive report
which shall* puewhisd to the effected tribe
and to Vie Maxtor of the /edam Health
Semite who shalt develop and publish a bi-
ennial national report on such tribal com-
prehensive reports
Sabana D?MIscellaneous Peovesions
MC au. AMON abiera
The Domestic Volunteer Service Act of
2971 fat amended by Mg Domestic Volunteer
Service Act Amendments of /91111 is amend-
ed?
in in title t by adding after section 111
the following new section:
"arecrenmensissis
"Mc. 124. The Direetor ir authorised to
engage in activities that mobilise and bati-
ste private sector eats to increase volun-
tarisen in pswentinie drat Mae through
? awararess and edueation tbscluding
aunts ambacts conferences public service
Oft1SOESCOISIMla speakers brown public-
private matesaships and technical assist-
awe to nonprofit and fig-profit organisa-
(ions). ";
LV by assendtsag subsection' fel of sables
SSI by adding at the end thereof the follow-
ing new sentence: 'In addition to the
assounts saboased to be appropriated be
the preceding andence there is &laboring/
to be appropriated the aggregate mem of
85.500,100 far fiscal swass 1917 and 191$ to
be seeds avalable for drug abuse peeves-
non"; and
(V by amending swam 508 by adding at
the emit thereof the following new ander=
"la addition to the amounts adhering to
be appropriated for the administration of
this Act by the preceding sentence Mere is
authorised to be appropriated the egmeaste
sum of 1500,0119 for fiscal years 1917 and
DM to be available ,for support at dna
abuse prevention.".
SSC amorsnausanaveror NAMONALIMINTIFOR
91UG47118 TOUT& ?
lot In order So encourage private Aft+ of
rad and *most property to assist the Sec-
retary of Education in carping out Me na-
tional programs of drag Muse research,. ear-
cation, and prevention under subtitle B,
there is hereby-established a charitable. non-
Profit and nonpartisan corporation to be
known as the National Trust for Draw Pres
Youth.
(b1 The National Trust jtor Dreg-Free
Youth. (hereiaafter fa this section referred to
as the "National Trust") shall be under the
general direction of a Board 4f Directors.
The. overall priorities. MIMS" and Wale of
the National Trust shall be determined by
the Board in consultation with the Seca-
tory. The Board shalt coordinate the activi-
ties of the National Trust for Dreg-Free
Youth with the Secretary. The Board shall be
a/vistaed of three numbest airpablied GS fol-
lows:
(1) one member shall be appointed bythe
President:
w one member shalt be appointed bp the
Speaker of the House of Representatives;
and
(V one member shalt be appointed by Use
Majority Leader of the Senate.
elms
"141 prevention and control of diabase.
"(5) pregnancy and infant care (including
prevention of fetal alcohol syndrome),
"(8) control of toxic agents,
"(7) occupational safety and liea/th.
"IV accident prevention,
"191 fluoridation of water, and
"1101 control of in/echos, wants
"171 Sec. 4228 is amended by adding at the
end Me following 'provided that OMAN
shall be made avallable for activities de-
scribed under section 42281.0N11.
kl1 Arrnioarzarron?There are aulhorised
to be appropriated $4,9110;000 for the fiscal
year 1987 and such. sans as are necessary to
carry out the memos* of this section for (he
fiscal years 1988 and 1981.
SEC ass Reran =WOOL RIMARitmAstom MM.
ONSTRITIONPROCRAM
(a) DIOIONSTRATION Psormar.?The Secre-
tary of Health and Hamar Services shall
make grants to the Navajo tribe to establish
a demonstration program in She city of
Gallup, New Mexico, to rehabilitate adult
Navajo /*diens suffering from alcoholism
or alcohol abuse.
NO EVALUATION AND Rerogg?The Secre-
tary, acting through the National Institute
on Alcohol Abuse and Alcoholism. Mall
evaluate the program established under sub-
section (a) and submit a report on such
evaluation to the appropriate Committees of
Congress by January 1,1991.
Atrnioluesnom?There are authorised
to be appropriated for the purposes of grants
under subsection (a)$309,000 for each of the.
fiscal years 1981. 1981, and 1990. Not more
than 10 percent of the fends appropriatat
for any fiscal year may be used for gambits-
trativeinnyoses
SEC am INDIAN IMAM SMITICT IMPORTS
fa! CONTRATION or Dan?The Secretary of
lisalM and Human Services, with respect to
the administration of any health program
by an Indian Health Service service unit, di-
rectly or through contract including a con-
tract under the Indian Self-Determination
Act, shall regains the compilation of data re-
toting to the number of cases or incident,
?Melo any of the Indian Health Service per-
lei The National Trust Mall have its pas-
civet: office in the District of Columbia and
for Use Purpose of venue in civil actions
shall be. considered an inhabitant and real-
dental the District.
(d) The National Trust shall have the fol-
lowing general powers.'
(11 to have succession until dissolved by
Act of Congress, in which event title to the
properties of the National Trust, both real
and osmiuml shalt' insofar as consistent
with existing contractual obligations and
subject to allother legally enforceable clams
or devaaads by or against the National
Trust. pass to and become vested in the
U'aited States of America;
ra to Gadd alter. and use a corporate
sea/ which shall-be judicially soda*
(11 to sue and be net complain and
defend in any court of competent jurisetio
Was
(41 to adopt and esiablish suck bylaws,
rules, and regulations, not inconsistent with
Me law of the United States or of any State,
as the Baud constant necessary for the ad-
ministration of as /means, including
among ether mitten bylows, rules, and age-
batons governing administration of carpo-
Is) in accept. hold and adurbrisair gills
and bequests of money. securities, or ether
personal /mew* robatigever character,
absolutely or on trust, for the purposes for
which the Mitionel Trust is mated:
AU to sell, exchange. or otherwise aeon'
eV RS tt may determine from time to time the
ilsoncen annigitiee. Or other gifts given or be-
queathed. to it-
la appoint and persalbe the ditties of
such officers. agents. end employon at may
be necessary to carryout its fanctions, and
to fix and pay such emispeniation to them
for their services as the National Trust ta
created; and
(8) to audit the financial records of the
corporation.
le). The National Trust shall not have au-
(L4 to to Wee shares or stack or declare or
pay dividends: or
AV to loan flags in its officers or direc-
tors.
(f) The Board Malt submit an annual
Mort Sat independent audit to Me Con-
gress and Or. President concerning the ex-
psediarre of funds under the National
Trust.
SRC an INFORMATION ON MOM ABM AT 171,
WOREPLACL
(a) 77se Secretary of Labor shall collect
sick information as is available on the inci-
dence of drug abuse in the workplace such
efforts to assist workers, including counsel'
me, rehabilitation and employee assistance
programs. The Secretary shall conduct such
additional research at is necessary to assess
the impact and extent of drug abuse and re-
mediation efforts. The Secretary shall
submit. the findings of such collection and
research to the House Committee on Educa-
tion and Labor and the Senate Committee
on Labor and Human Services no later than
two yarn from Use date of enactment of this
Aet.
ad There is authorized to be appropriated
the aggregate slim of $3.000,000 for fiscal
yeas 1917 and 1988, to remain available
until reParded, to enable the Secretary of
Labor to carry out the purposes of Otis sec-
RIO are INTILTAGINCT CVKADINAMOIC
(al The Secretary of Education. the Secre-
tary of Health. and Human Services' and the
'Secretary of Labor Mall each designate an
officer or employee of the Departments of
Education, Health and Human Services
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October 17, 1986 CONGRESSIONAL RECORD ? HOU
and Labor, respectively, to coordinate inter-
agency drug abuse prevention activities to
prevent duplication of effort
lb/ Within one year after enactment of
this Act, a report shall be Jointly submitted
to Ole Congress by such Secretaries concern-
ing the extent to which States and localities
have been able to implement non-duplica-
tive drug abuse prevention activities.
TITLE V?UNITED STATES INSULAR AREAS
AND NATIONAL PARKS
WO& A?Programs in Milled States Ineeler
?
AMR
SEC NM SHORT TffLl
This subtitle may be cited as the "United'
States Insular Areas Drug Abuse Act of
1988".
SSC SM. PURPOSSIL ?
The purposes of this subtitle are to On.
Prove enforcement of drug laws and enhance
Interdiction of illicit drug shipments in the
Caribbean and Pacific territories and com-
monwealths of the United States and to
assist public and private sector drug abuse
prevention and treatment programs in
United States insular areas.
SSC sea ANNUAL REPORTS TO CONGRESS,
The President shall report annually to the
Congress as to?
(l) the efforts and success of Federal agen-
cies in preventing the illegal entry into the
United States of controlled substances from
the insular areas of the United States out-
side the customs territory of the-United
States and states Andy associated with the
United States and the nature and extent of
such illegal entry, and
(2) the efforts. and success of Federal agen-
cies in preventing the illegal entry from
other nations, including states freely associ-
ated with the United States, of controlled
? substances into the United States territories
and the commonwealths for use in the terri-
tories and commonwealths or for transship-
ment to the United States and the nature
and extent of such illegal entry and use. ?
SSC 5554. ZNPORCSMSNT AND ADMINISTItATION IN
INSULAR ARIAS
(a) Asniercen 14110.4.?(1) With the approv-
al of the Attorney General of the United
States or his designee. law enforcement offi-
cers of Use Government of American Samoa
are authorised 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.0 951-970), and any other applicable
narcotics laws of the United States.
(2) The Attorney General and the. Secre-
tary of Health andHuman Services of the
United States are authorised to?
(A) train law enforcement officers of the
Government 0/American Samoa, and
(B) provide by purchase or lease law en-
forcement equipment and technical. assist-
ance 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 authorised to be appropri-
ated 9700,000 to carry out the purposes of
this subsection, to remain available until =-
vended.
(b) Gum?(1) The Attorney General and
the Secretary of Health and Human Services
of the United States may provide technical
assistance and equipment to the Govern-
ment of Guam to carry out the purposes of
this subtitle and any other Federal or teni-
torial drug abuse law.
(2) There are authorized to be appropri-
ated .$1,000,000 to carry out paragraph W.
Funds appropriated under this paragraph
shall remain available until expended
(c) Tin NORMAN ALERIANA IstAttne.?( 1)
With the approval of the Attorney General
of the United States- or his designee, law en-
forcement officers of the Government of the
Northern Mariana Islands are authorised
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 secures of property to carry out
the purposes of this subtitle. the Controlled
Substances Import and Export Act (21
U.S.0 951-970), 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 author-
ized to?
(A) train law enforcement officers of the
Government of the Northern Mariana /s-
tands, and
(B) provide, by purchase or lease, law en-
forcement equipment and technical assist-
ance to the Government of the Northern
Mariana Islands to carry out the purposes of
this subtitle and any other Federal or com-
monwealth drug abuse law.
(3) There are authorised to be appropri-
ated 2250,000 to carry out the purposes of
this subsection, to remain available until ex-
pended.
(4) Federal personnel and equipment as-
signed 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.
(di Pueirro Rrco.?(1) There are author-
ized ter be appropriated for grunts to the.
Government of Puerto Rico?
(A) $3.300.000 for the purchase of 2 hell-
C?
(B) 23.500.000 for the purchase of an air.
craft; and
(C) $1,000,000 for the purchase and main-
tenance 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 Govern-
ment of Puerto Rico pursuant to paragraph
IV of this subsection shall be made avail-
able upon request to the Federal agencies in-
volved in drug interdiction in Puerto Rico.
(4)(A) The Attorney General and the Secre-
tary 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.
(13) There are -authorised to be appropri-
ated such sums as may be necessary to carry
out subparagraph (A). Funds appropriated
under this subparagraph shall remain avail-
able until expended.
(e) Tux Mom Iswas.?(1) There arr au-
thorized to be appropriated for grants to the
Government of the Virgin Islands?
(A) 23,000,000 for 2 patrol vessels tracking
equipment, supplies, and agents. and
(13) $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 Secre-
tary 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.
SE H 11265
(B) There are authorized to be appropri-
ated such sums as may be necessary to carry
out subparagraph (A). Funds appropriated
under this subparagraph shall remain avail-
able until expended.
&Mak B?Natkied Park Service Program
SEC mu. SHORT TIT=
This subtitle may be cited as the "Nation-
al Park Police Drug Enforcement Supple-
mental Authority Act".
SEC Sell NATIONAL PARS POLICE AUTHORIZATION.
In order to improve Federal law enforce-
ment activities relating to the use of narcot-
ics and prohibited substances in national
Dark system units there are made available
to the Secretary of the Interior, in addition
to sums made available under other author-
ity of law. 21,000,000-for the fiscal year 1987,
and for each /wet- year thereafter, to be
used for the employment and training of ad-
ditional Park Police, for equipment and fa-
cilities to be used by Park Police, and for ex-
penses related to such employment. training,
equipment, and facilities.
TITLE VI?FEDERAL EMPLOYES SUBSTANCE
ABUSE EDUCATION AND TREATMENT
SIC amt. SHORT TITLIL
This title. may be cited as the "Federal Em-
ployee Substance Abuse Education and
Treatment Act of 1986".
SEC siMS PROGRAMS TO PROVIDE PREVENTION,
? TRITATMENT. AND REHABILITATION
SERVICES TO 'CHIRAL EMPLOYEES
WITH RESPECT TO DRUG AND ALCOHOL
ABU=
(a) IN Gsnensx..,--(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
'17311. Dreg skate
"(a) The Office of Personnel Management
shall be responsible for developing, in coop-
eration with the President, with the Secre-
tary of Health and Human Services (acting
through the National Institute on Drug
Abuse), and with other agencies, and in ac-
cordance with applicable provisions of this
subchapter, appropriate prevention, treat-
ment, and rehabilitation programs and serv-
ices- 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 employ-
ees who have family members who are drug
abusers. Each Program and services shall
make optimal use of existing governmental
facilities:4 services, and skills.
"(b) Section 5270/ the Public Health Serv-
ice Act (42 U.S.C. 290ee-3), relating to confi-
dentiality of records, and any regulations
prescribed thereunder, shall apply with re-
spect to records maintained for the purpose
of carrying out this section.
"(c) Each agency shalt, 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 7383 of this
title.
"(d) For the purpose of this section. the
term 'agency' means an Executive agency.
"1 ?XL Alcohol skeet sad akehelisee
"(a) The Office of Personnel Management
shall be responsible for developing, in coop-
eration with the Secretary of Health and
Human Services and with other agencies,
and in accordance with applicable provi-
sions of this subpart, appropriate preven-
tion, treatment. and rehabilitation pro-
grams and services for alcohol abuse and a/-
coholisin among employees. Such agencies
are encouraged to extend, to the extent feasi-
ble, such programs and services to the fami-
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CONGRESSIONAL RECORD?HOUSE October in ISM
its, of alcoholic employees and; to employees
who have family members who are alcohol-
ics. Suck programs and services shall make
optioned use of misting governmental facili-
ties, services, and skills.
"(b! Seettoo 52.1 of the Public Health Serv-
ice Act (42 U.S.C. 290dd-3). Matta(/' to confi-
dentiality of records, and any regulations
prescribed hereunder, shall aPPLP with re-
spect to records maintained I br the purpose
of carrying out this section.
"fel Sack agency sha$ with respect to any
programs or services provided- by such
agenee Wenn such written reports as the
Offer may require- in connection with any
report regional rider section 7363 of this
title
? -fdt For the purpose of this section, the
term 'agency' means an Execativeagence.
"117382. Repots Gnome
"la) 77te Office of Personnel Management
shall, within 6 month, after the date of the
enactment of the Federal Employee Sub-
stance Abuse Education and Treatment Act
of 1981 and annually thereafter, submit to
each Haim of Congress a report containing
the matters described in subsection IN.
"lb) Each report under this section shalt
include?
"ID a description of any programs or serv-
ices provided under section 735/' or 7312' of
this title, including the costs associated with
each such program or service and Me source
and adequacy of any funding such program _
or service;
"(2) a description of the levels of partici-
pation in each program and. service provid-
ed under section 7361 or 7362 of this tide,
and the effectiveness of such programs and
service,:
"(3) a description of the training and
qualifications required of the personnel pro-
viding any program or servige under section
7381 or 7362 of this titter
14fr a description of the training. given, to
supervisory personnel in connection with
rewords:big the symptomeof drug or.akohot
abuse and the procechues linctuding those
relating to confidentiality/. under which in-
dividnals are referred for treatment.. Wire
bilitation. or ether assistance;
"(5) any recommendations for legislation
considered. apyropriate by Me Office and
any promoted administrative action= and
"NJ information describing any other re-
lated activities under section 79.1 of Ode
tille and any other matter which the Office
considers- appropriate".
(2) The analyser for chatter 77- of title 5.
United States Code is amended by adding
at the end the following:
"SUBCHAPTER VI?DRUG ABMS,
ALCOHOL ABUSE; AND ALCOHOLISM
"Sec.
"7341. Drug abuse
"7362. Alcohol abuse and-Mohan'''.
"7361 Reports' to' COnOlreSt."-
fbJ ThafffICAL AND CONIVAIIRNG Amon-
lleN12,- The Public Health Service Act is
amended?
(1) bisection 521 (42 MSC. 290dd-17?
(A). by striking out subsection (a);
(B) by striking aut"siontiar" in subsection
(bill); and
(C) by redesignating subsections (Lk Fe),
and (d) as subsections irt), (10, and lc), re-
spectively; and
(.2) in section. 525 142 U.S.0 29041e-1)?
(4) by striking- out advection far;
IS) by striking out "similar" in subsection
(b)(2); and
(CI- by reolasignoting subsections (b4 rat
and Id) as subsections la* rb), and rat re-
speetivelli
SIC AA ATIMICATIONAL PINIGRAN FOR PITINDolt
INPLOYSIS RSLATIENI TO INWO AND
EACONN. ANDS.
net Ehosactsarsavir ?The Director of the
Office of Perms** Management shad. in
corissitation with the Secretary of Mantis
and Inman Services establish a Govern-
ment-wide education program, using semi-
name mid sack other seethed& at the Director
considers averaltrhthe- to =or out dot
poses prescribed in subsection. Mt.
(b) Pernecisse,-11,0 peogram established'
ender Oda section Melt be deadened to mo-
vie/A itiannetion to, Nederai Gonarnmeni.
employees with respect to?
il). the More and beg-term health hasonts
associated with alcohol abuse and dew
chew
02t the sandstorm of alcohol abase mid
chine abuse;
(3) the availability of any preteensn,
treanneue or rehabilitation programs or
serviem. Manng to alcohol abuse- se drug
abuse, whether provided by the Federal Gov-
comsat or otherwtse
(8! confidentiality protection, afforded in.
connection with any prevention. treldwient.
or rehabilitation programa or services;
? M.1 any penaltin provided under taw or
regulation, and any administrative action
(permessise or mandatory). relating OD ihif
use et Wadi& or dings by a Federal &mew
meat employee or the Minn to seek or re-
wive appropriate treatment or rehabilita-
tion sarvicen.end
(4) any other matter width the Director
considess spoproprieta.
Sge mos. SSIPMFIE ANDSPDAIEZ PROGRAM Li
LATINO TODASIGABVIA q AND IACONO&
ABU=
(a) Jr Gesonar..?Chaphir 79 of tide 5.
United States Code, is aninedsd by adding
loathe end the follaseingr
Titt. Effleekme aesistanee programs Meting le
denreeess eneheisabsi mime
"ra) The head of each Executive agency
Mita in is manner consistent with guide-
lines prescribed under sebseetton of thie
section and opplicable provident of lout eso
tablish appropriate prevention treatment.
and rehabiniation program, and services
for drug abuser and alcohol edene for woe
*ogees in orundernach agence
"(hi The Office of Pommel. Management
shall, afire such coossidiatisoss se the OBlice
caudate& appoopekdn, grammae guishednes
for programa and services under Ms No-
na*
"tot The Firretaele Of Ihrsitla and Hums
&Prism. on newest of the head et as Execu-
tive apnea shad ireftelt, any program or
service provided ender this section and
shall submit conmenth and secommende-
lions to the head of the agency concerned.".
lb! Cotaroarmu Asemasearir.?The analysis
for chapter 79 of tills. h. United States Code,
is amended by adding at the end the follow-
bra:
"7904. Employee assistance maroons* Mat-
My to dim abuse and alcohol
abuse".
Sea so& SWUM= AlIDISINWSRANCI sruDY:
Sruor?The Secretary of Health and
Human Services' shall contract with the In-
stitute of Nestle*, of the National Academy
of Defences In conduct a study of rn the
extent to which the come of drag abuse treat-
ment is covered by priests *entrance, public
? programs, and other sources of payment,
and (2) the adequacy of such coverage for
Use rshabintation ofdrag abusers.
firltzroter.?Not Oster those one year after
the date of the enactment of this Act die Sec-
retes); of Health and Homan Services shod
transmit to the Congress- a report of Mg re-
sults of the study conducted under subsec-
tion (a). The report shall include recommen-
dations of means to meet the needs Mend-
fled in such study.
SSC sem 114 1371 INSURANCE COMRADE FOR MID
AND AteetIOL TweiTNETT.
(a) FINDINGL?The Congress finds that?
(1) drug and alcohol abuse are problem of
grave concern and consequence in American
soviet!:
CI over 500.000 individuate are known
heroin. addicte 5 million individual, use co-
caine; and at Meet? million individuals reg-
Wady use peaceiption drops mostly addict-
ion ones, without medical supervision;
(3) 10 million adults and 3 million dea-
den, and adolescents abuse alcohei; and an
additional 30 to. ni million people. are ad-
versely affected because of close family Mt,
to-alcoholics:
(4) the total cost of drug abuse to the
nation in 1182 was over $60000,000.000; and
(5/ the vast majtority. of health. benefits
plans provide only limited coverage for
treatment of drag 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 ex-
penses for the treatment
. /hi Sense o' Conamaye?ft is the sense of
Congress that?
/FA all employer, providing health insur-
ance policies atoned muse that the policies
provide adequate commies' for treatment of
dingo and alcohol addiction in recognition
that the health consequences and costs for
individualc me society case be at lambdft.
ble
as those ravening from oilier diseases
and illnesses for which insurance coverage
It ,,such more adequate:and
IV State insurance comminotoners should
encourage employers providing health bene-
fit* plans to ensure that the policies provide
more adequate, coverage for b.i.l?.A.4 of
drug and alcohol addiction.
77TLE 217?NA'THINAL ANT1DErC
RE0RGAN1$4270N ANOCOOltDEVA.ZION
SEC tan Some 7272.E.
This tide may be cited as the "National
Antidrug Reorganization and Coordination
Act".
SIC DiNaDiNDIONA.
The Congress finds. Moe?
(1) the Federal Government's moons, to
dreg trafficking and drug abase is divided
amour several dozen. agencies and bureaus.
of the Government, ranging from, the Do
pertinent of Defense to the Department of
Health and Human Services:
monsereas recent ccentressional heat'
tags and reports, reports by-the Comptroller
Genera and studies by Executive branch
agencies have documented the- waste and in-
efficiency mused by Mit division of reopen-
gauntest
(3) interagency compeebtfort for credit and
budget dollar, imposes. critical obstacles to
efficient application of national: resources
in combating dray trefficking and' dreg
abase; and.
successfully combating such trafficking
and drug, abuse requires coherent planning
that inchodes intelligent orranisation and.
operations of Executive branch agencies.
sgC nee sinmEINOto reseistArtort
Not later then r to, t months after the date of
enacting's, of' Otis Otte the President shall
submit to each House of Congress recom-
mendations /tor legislation to reorganize the
Executive branch of Me Government to
more effectively combat drug traffft and
drug abuse In the preparation of such rec-
ommendationg the President shad consult
with the Comptroller General.. State and
local. law enforcement authorities, relevant
committees of the Congress, and the Attor-
ney General and Mc Secretaries of State the
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CONGRESSIONAL RECORD ? HOUSE H 11267
Treasury, Transportation, Health and
Human Services, Defense. and Education.
TITLE VIII?PRESIDENTS MEDIA COMMIS-
SION ON ALCOHOL AND DRUG. ABUSE PRE-
VENTION
WC mei SNORT WIZ&
This title may be cited as the "President's
Media Commission on Alcohol and. Drug
Abuse Prevention Act".
ssc U. ESTAINJSIDIENT.
There is established a commission to be
known as the President's Media Commission
on Alcohol and Drug Abuse Prevention
(hereinafter in this title referred to as the
"Comnstssion").
SEC Sess. DUTIES OP CONNISSKNE
The Commission shall-
111 examine public education programs in
effect on the date of the enactment of this
title which are? -
IA) implemented through =AMU segments
of mass media; and
(B) intended to prevent alcohol end drug
abuse;
(2) act as an. administrative and coordi-
nating body for the voluntary donation of
MSOultes from?
(A) television, radio, motion picture, cable
communications,, and print media; .
(13I the recording industry;
(CI the advertising industry;
(DI the business sector of the United
States, and
(El professional sports organisations and
_
associations:
to assist the implementation of new pro-
grams and national strategies for dissemi-
nation of information intended to prevent
alcohol and drug abuse:
(3) encourage media outlets throughout
the country to provide information aimed at
preventing alcohol and drug abuse, includ-
ing public service announcements, door-
mentary films. and advertisements; and
(4) evaluate the effectiveness and assist in
the update of programa and national strate-
gic' formulated with the assistance of the
Commission.
SEC ROL NERRERSMIR
(a) NORMA AND Aproonammt?The Com-
mission shall be composed of 12 members
appointed by the President within 30 days
after the date of the enactment of this Ulla
and should include representatives O?
W advertising agenetes:
(2) motion picture, television, radio, cable
communications, and print media;
(3) the recording industry;
f41 other segments of the business sector of
the United States:
(V experts in the prevention of alcohol
and drug abuse;
(e) professional sports organisations. and
associations; and
(71 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.
(DI 1eRies.?U1 Except as provided in
paragraphs (2) and (31, members shall be ap-
pointed for terms of ; years.
(2) Any member appointed to fill a vacan-
cy occurring before Ole expiration of the
term far which his predecessor was appoint-
ed shall be appointed only for the remainder
of such term.
(3) A member may serve after the expira-
tion of his term until his successor has
taken office.
(C) BASIC PAY AND EXPRMSCAL-11.1 ECM"! CS
Provided in paragraph W. members of the
Commission shall serve without pay.
(2) While away from their homes or regu-
lar places of business in the performance of
services for the COMV4100n, members shalt
be allowed travel expenses, including a Per
diem allowance is lien of subsistence. in the
same manner as persons serving intermit-
tently in the Government service are al-
lowed travel eXpeases, under section 5703 of
title S. United States Cods.
SEC sem IMMTINGS.
(a) IN GlISSAAIL.?W The Commission shall
meet at the call of the Moderator.
(2) The Moderator shall convene the 1st
meeting of the Commission within 31 days
after the date of the completion of appoint-
ments under section 4161.
MooseAron.?One member of the Com;
mission shall be designated by the President
to serve as Moderator of the Commission.
Sc) Qualms .um PRocsients.?The Com-
mission shall adopt rules regarding quorum
requirements and meeting procedures as the
Commission deems appropriate at the .1st
meeting of the Commission.
(d) Varroo.?Decisions and official acts of
the Commission. shall be according to the
vote of a majority of members. at a Properly
calkd meeting
SEC met DIRECTOR AND SPAM EXPERTS AND CON.
mann&
(a) Dritscrim AND Suff.-411 Subject to
paragraph 121, Use Moderator, with the ap-
prove/ of the Commission. stay employ and
set the rats of pay for a Director and such
staff as the Moderator deems necessary,
121 Rates. of pay set under paragraph (V
Shall be less than the rate of basic pay pay-
able under section 5316 of title 5. United
Slates Code..
(b) Ureters soy Coosoccurra?The Moder-
ator. with She approval of the Commission.
may Procure temporary and intermittent
services under section 310941 of title 5.
United States-Coda
(C) STAPP OP PEDSRAL ACRINCISE?UpoU re-
quest of the Commission, the head of any
Federal agency is authorised to detail, on a
reimbursable basis, any of the Personnel of
such agency to the Commission to assist the
Commission in carrying out its duties under
this title.
ssc sea POW= OP CONSIISMotc
faI REARMS AID SESSZOID.?The Commis-
sion may, for the purpose 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 Commis-
sion considers appropriate.
fbI ODIRDIIII0 011ICIAL DATA.?Upou the re-
quest of the Moderator of the Commission.
the. Commission may secure directly, from
any department or agency of the United
States information necessary to enable it to
carry out this title.
(cl ?rms.?The Commission may accept,
use, and dispose of gifts or donations of
services or property.
(d) IfLuza?The Commission may use the
United States mails in the same meaner and
under the same conditions as other depart-
ments and agenda f the United States:
(el Aosamyrogrrar Sorrow(' Ssnucsa?The
Administrator of General Services shall pro-
vide to the Commission on a reimbursable
basis such administrative support strokes
as the Commisston may request.
SSC SIM ItilPORC
The Commission shall transmit to the
President and to each 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 pre-
ceding year, including a summary of the
number of public service announcements
produced bythe Commission and published
or broadcast
SSC sma
The Commission shalt terminate on a date
which is throe years after the date on which
members of the Commission are first ap-
pointed, unless the President. by Executive
ordez extends the authority of the Commit-
epic
TITLE IX?DENIAL OF TRADE BENEFIT'S'
TO UNCOOPERATIVE MAJOR DRUG
PRODUCING OR DRUG-TRANSIT
COUNTRIES
SSC met TA RIP? TRSATNIINT OF PRODUCTS OF UN-
cooPIRAIIrs MAJOR DRUG MKT-
INC OR DRUG-TRANSIT COvNTRISS.
The Trude Act of 1974 is amended all
adding at the end thereof the following.'
"TITLE VIZI?TARIFF TREATMENT OF
PRODUCTS OF UNCOOPERATIVE
MAJOR DRUG PRODUCING OR DRUG-
TRANSIT COUNTRIES
-MC sot. SHORT rrns
"This title may be cited as the Narcotics
Contiet TradeActt - ? -
"SEC Sit TARIFF 7WEATNEN7' OP PRODUCTS OP UN.
COOPMRA Ins MAJOR DRUG ~Due-
INC OR ORUGTRANsff COUNTRIES.
"fa) AMUR= Amor) or Psssiourr.?Sub-
*et 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 of each
succeeding year, to the extent considered
necessary by the President to achieve the
purposes of this title?
"III deny to any or all of the products of
that country tariff treatment under the Gen-
eralized System of Preferences. the Caribbe-
an Basin Economic Recovery Act, or any
other law providing preferential tariff treat-
mint
"(V apply to any or all of the dutiable
products of that country an additional duty
ate rate riot to exteed 50- percent ad valo-
rem or the specific rate equivalent:
131 apply to one or more itutPfres Prod-
ucts of the country a duty at a rate not to
exceed SO percent ad valorem; or
'AU ,take any combination of the actions
described in paragraphs (1), (2), and (31.
"Ib) C12177MC4TIONS; COMORDSIONAL
Aortas?Il) Subsection (a) shall not apply
with respect to a country if the President de-
termines and so certifies to the Congress, at
the time o f the submission of the report re-
quired by section 481(e) of the Foreign As-
sistance Act of 1961, that during the previ-
ous year that country has cooperated Ally
with the United States, or has taken ade-
quate steps on its own, in preventing nar-
cotic and psychotropic drugs and other con-
trolled substances produced or processed, in
whole or in part, in such country or trans-
ported through such country, from being
sold illegally within the Jurisdiction of such
country to United States Government per-
sonnel Or their dependents or from being
transported, directly or indirectly, into the
United States and in preventing and pun-
ishing. the laundering in that country of
drug-minted Profits or drug-related monies.
"IV In making the certification tweaked
by. paragraph 114 the President shall pies
foremost ofriskieration to whether the ac-
tions of the government of the country have
resulted in the maximum reductions in illic-
it dry, 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?
"(A) has taken Use legal and law enforce-
ment measurer to enforce in its territory, to
the maximum extent possible. the elimina-
tion of illicit cultivation and the suppres-
sion of illicit manufacture of and traffic in
narcotic and psychotropic, drugs and other
controlled substances, as evidenced by sei-
zures of such drags and substances and of il-
licit laboratories and the arrest and pros-
ecution of violators involved in the traffic
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H 11268
CONGRESSIONAL RECORD ? HOUSE October 17, 1986
in such drugs and substances Significantly
affecting Use United States: and
"(B) has taken the legal and law enforce-
ment steps necessary to eliminate, to the
maximum extent possible, the laundering in
that country of drug-related proftta or drug-
related monies, as evidenced be?
"(i) Use enactment and enforcement of
laws prohibiting such conduct.
"NV the willingness of such government to
enter into mutual legal assistance agree-
ments with the United States governing (but
not limited to) money laundering. and ?
"NW the degree to which such government
otherwise cooperates with United States law
enforcement authorities on anti-money
laundering efforts.
"(V Subsection (a) shall apply to a coun-
try 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 (11, a joint
resolution disapproving the determination
of the President contained in that certifica-
tion.
"NI If the President takes action under
subsection (a), that action shall remain in
effect until?
"(Al the President makes the certification
under paragraph (1), a period of 30 days of
continuous session of Congress elapses, and
during that period Use 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 coun-
try, a period of 30 days of continuous ses-
sion of Congress elapses, and during that
period the Congress does not enact a Joint
resolution of disapproving the determina-
tion contained in that certification. ?
"(5) For the purpose of expediting the con-
sideration and enactment of Joint resolu-
tions under Paragraphs (3) and (4)?
"(A) a motion to proceed to the consider-
ation of any such joint-resolution after it
has been reported by Use Committee on
Ways and Means shall be treated as highly
privileged in the House of Representatives;
and
"(S) a motion to proceed to the consider.
ation of any such joint resolution after it
has been reported by the Committee on Fi-
nance shall be treated as privileged in the
Senate.
"(c) Duetrrom or AcTroti.?The action
taken by the President under subsection (a)
journment of more than three days to a day
certain are excluded in the computation of
the period indicated:
"(2) the term 'major drug producing coun-
try' means a country producing five metric
tons or more of opium or opium derivative
during a fiscal year or producing five hun-
dred metric tons or more of coca or manilla-
= (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 significantly of-
feeling 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 Use knowledge or complicity of the gov-
ernment; and
"(4) the term 'narcotic and psychotropic
drugs and other controlled substances' has
the same meaning as is given by any appli-
cable international narcotics control agree-
ment or domestic law of the country or
countries cemented".
SEC PIM corarthiutuvg ANNIDeleN173.
(a) Gtxransetzsa Surer or Passtrarricra.?
Section 502(b) of the node Act of 1974 f19
U.S.0 2462(b)) is amended?
(1) by striking out paragraph 15); .
(2) by redesignating paragraphs (6), (7),
and IV as paragraphs (5), (6), and (7); and
(3) by striking out 15)," in the last sen-
tence
(b) CARIBarAll BASIN ECONOMIC Remy-
rim?Section 212(b) of the Caribbean Basin
Seonomic Recovery Act (19 U.S.0 2702(b))
is amended?
(1) by inserting "and" after the semicolon
at the end of *Men:A (9):
(2) by striking out paragraph (8); and
(3) by redesignating paragraph (7) as
paragraph (6).
ITFLS LT?BALLISTIC KNIFE PROHIBITION
SEC sess. MORTIS=
This title may be cited as the "Ballistic
Knife Prohibition Act of 1986".
88C mei 1110RmilloN Or P08813810N, MANUPAC.
MAC saz AND ?IMPORTATION Or
BALLISTIC IIMITS.
The Act eittilled "An Act to prohibit the in-
troduction, or manufacture for introduc-
tion, into interstate commerce of switch-
blade knives, and for other purposes" (15
shall amity to the products of a foreign U.S.0 1332 et NW is amended hi' adding at
country that are entered, or withdrawn from um end the following:
warehouse for consumption, during the "Sic. 7. (a) Whoever knowingly Possesses.
period that such action is in effect, manufactures, sells, or imports a ballistic
-SSC Me SUGAR QUOTA. knife shall be fined as provided in title 18.
"Notwithstanding any other provision of unites states Cada or imprisoned not more
law, the President may not allocate any-lint- than ten pears, or both,
itation imposed on the quantity of sugar to "(b) Whoever possesses or uses a' ballistic
any country which has a Government in- knife in the commission of a Federal or
volved in the trade of illicit narcotics or is State crime of violence shall be fined as pro-
failing to cooperate with-the United States
vided in title 18, United States Code, or in-
in narcotics enforcement activities as de- pinned not less than floe years and not
fined in section 802(b) as determined by Use more than ten pears, or bath.
President. "(c) The exceptions provided in pare
'See SN. PROGRRSS worm graphs (1), (2), and (3) of section 4 with re-
"The President shall include as a part of spect to switchblade knives shall apply to
the annual report required under section ballistic knives under subsection (a) of this
481(e)(1) of the Foreign Assistance Act of section.
1961 (22 U.S.0 2291(E)(1)) an evaluation of "(d) As used is this section, the term 'Dal-
progress that each major drug producing little knife' means a knife with a detachable
country and each major drug-transit cows- blade that is propelled by a spring-operated
try has made during the reporting period in mechanism.".
achieving the objectives set forth in section sac. sou tooNmAnosurry OF DoLUSTIC KNIVES.
802(b). Section 1716 of title 18, United States
"SEC SU. DRFINITIOIVIC Code, is amended by inserting after subsec-
"For purposes of this title? tion (it) and before Use first undesignated
"(I) continuity of a session of Congress is paragraph after such subsection the follow-
broken only by an adjournment of the Con- trig:
press sine die, and the days on which either "(1)(1) Any ballistic knife shall be sublet
session because of an ad- to the same restrictions and penalties pro-
sided under subsection (g) for knives de-
scribed in the first sentence of that subsec-
tion.
"(2) As used in thts subsection, the term
'ballistic knife' means a knife with a detach-
able blade that is propelled by a spring-oper-
ated mechanism.".
The amendments made by this title shall
take effect 30 days after the date of enact-
ment of this title.
TITLE II ?HOMELESS ELJGIBILffY ?
CLARIFICAITON ACT
SIC MeV. SNORT ITIZZ
This title may be cited as the "Homeless
Eligibility Clarification Act".
&Mt& A?Etnergmeg Feed fee the Ihotnekss
IMC Mu HEALS Mite= 10 ROAMS= MOM -
CALS. _
(a) Demur:oft or loop?Section 3(g) of
the Food Stamp Act of 1977 (7 U.S.0
2012(g)) Is amended? -
(1) in clause 114 by striking out "and (8)"
and inserting in lieu thereof "(V. and (9)";
(2) by striking out "and" at the end of
clausef7); 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 per-
manent dwellings and households that have
no fixed mailing addresses, meals prepared
for and served by a public or private non-
refit establishment (approved by an appro-
priate State or local agency) that feeds such
individuals and by a public or private non-
profit shelter (approved by an appropriate
State or local agency) in which such house-
holds temporarily reside (except that such
establishments .and shelters may only re
quest voluntary use of food stamps by such
individuals and may not request such house-
holds to pay more than the average cost of
the food contained in a meal served by the
establishment or shelter)".
(b) Ds:marmots Or HousitHoz.D.?The last
sentence of section 3(i) of such Act (7 U.S.C.
2012(U) is amended by inserting after "bat-
tered 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 mail-
ing addresses. who are otherwise eligible for
coupons,".
(c) Dernirrron' or RIM. FOOD ErOltit.?Sec-
Oen 3(k)(2) of such Act 17 U.S.0 2012(k)121)
is amended by striking "and (8)" and insert-
ing in lieu thereof "(8), and (9)".
(d) PART7C1P417011 OP ESTABLISIONNTS 411103
Slf1212M?Section 9 of Such Act (7 U.S.0
2018) is amended by adding at the end there-
of the following new subsection:
"(g) /n as area in which the Secretary, in
consultation with the Inspector General of
the Department of Agriculture, finds evi-
dence that the participation of an establish-
ment or shelter described in section 310(9)
damages Use program's integrity, the Secre-
tary shall limit the participation of such es-
tablishment or shelter in Use food stamp pro-
gram, unless the establishment or shelter is
Use only establishment or shelter serving the
area.".
(e) RIOMNPIION Or COUPONs.?The first sen-
tence of section 10 of such Act (7 U.S.0
2019) is amended?
(1) by striking out "and" after "battered
women and children."; and
(I) by inserting after "blind residents" the
following: ", and public or private nonprofit
establishments, or public or private non-
profit shelters that feed individuals who do
not reside in permanent dwellings and indi-
viduals who have no fixed mailing address'
es.,.
t O(1) The amendments made by this sec-
tion shall become effective, and be imple-
House is not in
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October 17, 1986 CONGRESSIONAL RECORD - HOUSE
melded by issuance of final regulation& not
later Mao April 1, 1917.
(2) Not later than September JO. 2988, the
Secretary of Agriculture shall submit to the
Committee on Agriculture of the House of
Representatives and the Committal on Agri-
culture, 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.
131 The amendments made by this section
shall cease to be effective after September 30.
1990.
Sued& B-Jee Treining for SW Neardess
MC I mei. JOS TRAINING POR 77/8 somas&
(a) Oovensroat COORDINATION AND &woe
SERPI= PLAN To INCLUDE HONSLESS.-11)
Section 1211b)(1) of the Job Training Part-
nership Act (20 U.S.C. 1531lb111)) is amend-
ed by inserting after "rehabilitation ages-
cies" a comma and the following. 'Immense
for the homeless".
(2) Section 121(0131 of the fob Training
Partnership Act is amended by inserting
after "offenders" a comma and the follow-
ing: "homeless individuals".
lb) &UWE= 70 Isamormwer Rms.-Sec-
tion 203(a)(2.1 of the Job Training Partner.
ship Act 129 U.S.0 1803(a)(2)) is amended
by striking out "or addicts" and inserting tie
lieu thereof "addicts. orhowseless".
SIAM, C-SetlIksnests lingiente-
SEC MPG MITRES? OP ROMELESS INDIVIDVALS
SLIMES UNDO: RV AND MEDICAID
PROGRAMS
(a) ST/ Peooreer.-Section 1831(e) of the
Social Security Act (42 U.S.0 1383(e)) is
amended by adding at the end the following
new paragraph:
-al The Secretary shall Provide a method
of making payments under this title to an el-
igible individual who does not reside in a
Permanent dwelling or does not have a fixed
home or mailing address.".
lb) MIDIC.ILD Psoartio,Section 19021a) of
such Act fa U.BC. 1396a(a)) is amended-
(2) by striking. "and" at the end of para-
graph (451,
(2) by striking the period at the end of
paragraph (46) and inserting in lies-thereof
": and". and
(3) by adding at the end the folloveiog new
panierePh:
"NW provide a method o f 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.".
(e) Emmet DalIC-11,1 The amendment
made by subsection (a) shall become effec-
tive 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
regulations to carry out such amendments
have been promulgated by such date.
(d) AFDC-No later than six months after
the date at enactment of this Act and after
consultation with the States administering
plans under Title IV of Use Social &airily
Act, the Secretary of Health and Human
Services shall issue guidelines to the States
for providing benefits under Me /V to a de-
pendent child who does not reside in a per-
manent dwelling or does not have a fixed
home or mailing address.
sic- um. APPLICATION POR SW AND FOOS STAMP
SILNEITTE sr sat pitioetsAss IND&
rIDEALS
Section 1031 of the Social Security Act (42
U.S.C. 13331 is amended by adding at the
end thereof the following new subsection:
"PWREIAGSZ ?WESSON= MR
INSTITUTIONALIZED PERSONS
"ii) The Secretary" shall develop a system
under which an individual can apply for
supplemental security income benefits
under this tide prior to the discharge or re-
lease of the individual from a public Outdo-
dos The Secretary and the Secretary- of Ag-
riculture shall develop a procedure under
which an.individual who applies for supple-
mental security income benefits under this
title shall also be permitted to apply for par.
titivation in the food stamp program by -
executing a single application."
SSC lien esursar or reTlitesw itturnes PAT.
NENTI
(a) 1,, OVIER.U.-W Section 3003 of title'
38, United States Code, is amended by
adding at Use end thereof the fellowaig new
subsection:
"(0 Benefits 'under laws administered by
the Veterans' Administration may not be
denied an applicant on the basis that the
applicant does not have a medial? address.".
Section 3021 of title 38. United States
Code, is amended- by adding, at the end
thereof the following new subsection:
"ow In the case of a payee who does not
have a mailing address, payments of mone-
tary benefits under laws administered by the
Veterans,' Administration shalt be delivered
under an appropriate method prescribed
pursuant to paragraph (2) of this subsec-
tion.
"(2) The Administrator skull prescribe an
appropriate method or methods for the de-
livery of payments of monetary benefit:
under Jews administered by the Veterans'
Administration in cases described in para-
graph (1) of this subsection. lb the maxi-
mum extent practicable, such method or
methods shall be designed to ensure the de-
livery of payments in such cases".
lb) Smarm DATI.-(1) The amendment
704411 by subsection fail!) shall take effect
on the date a/ enactment of this Act
(2) The amendment made by subsection
fan) shall take effect- with respect to pay-
ments mad* on wafter October .5,1900.
Strike out title XII and insert in lieu
thereof the following
TITER Ile-COMMEIKTAL MOTOR VEHICLE
SAFETY ACT OF-1981
=Mott nem SNORT 17172 AND TAILS OP
comma.
(a) Samar Truto-27iis tide may be cited
as the. "Commercial Motor Vehicle Safely
Act of 1988".
lb/ TAlux or Corentinc. -
Sec.12(101. Short title.
Sec. 12002. Limitation on number of driver's
licenses.
Sec. 1200e Notification requirements.
Sec. 12000. Employer responsibilities.
See 12000. Testing of operators.
See 12008. Commercial driver's license.
See 12007. COmmercial driver's license in-
formation system. -
Sec. 12002. Federal disqualifications.
Sec 12009. Requirements for State partici-
pation. ?
Sec. 12010. Grant program -
Sec. 12011. Withholding of highway fund: .
for State noncompliance.
Sec 22012. Penalties.
Sec. 12913. Waiver authority.
Sec. 12010. Commercial motor vehicle safety"
grants
?
Sec 12015. Truck brake regulations.
Sec. 12018. Radar demonstration project
Sec. 12017. Limitation on statutory con-
struction.
Sec. 12018. Regulations.
Sec. 12019. Definitions.
SSC. MN& LIMITATION ON MIME OP DRIVERS 11.
cases.
Effective July 1. 1987, no person who oper-
ates a commercial motor vehicle shall at
1111269
any time have more than one driver's li-
cense, except during the 10-day period begin-
ning on the date such person is issued a
driver's license and except whenever a State
law enacted on or before June 1. 1222. re-
quires such pavan to have more than one
driver's license. The second exception in the
preceding sentence shalt not be effective
after December 31, 1989.
SSC Hsu NOTIFICATION ISINIMSNILV7S.
(a) NOTIncAllom or VIOLA1IONS.-
(1) To STSIVE-EffeCtillt 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 relat-
ing to motor vehicle traffic control (other
than a parking violation) in any other State
shall mei.* 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 vio-
lotion.
(2) To riwzoneas.-Zffective July 1, 1987,
each Person who operates a commercial ve-
hicle, 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) Nornocarrow or Susmarores.-11ffec-
Lim July 1, 1987, each employee who has a
driver's license suspended, revoked or can-
celled by a State, who loses the right to *Per-
ot* a commercial motor vehicle in a State
for any period. or who is disqualified from
operating a commercial motor vehicle for
any period shall nal& his or her employer
of such sissvension, revocation, canceller,
Lion, lost right, or disqualification, within
30 days after the date of such suspension,
revocation, cancellation, lost right, or dis-
qualification..
(c) NO77//C4770N or Pervious lbertor-
NENE-
GINERIL RULE-iffective July 1, 1987,
subject to paragraph (2) of this subsection,
each person who operate* a commercial
motor vehicle and applies for employment
as an operator of a commercial motor veld-
vie 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.
(21 Pmeroo or mum= EMPLOINENE-The
Secretary shall establish by regulation the
period for which previous employment must
be notified under paragraph ID, except that
such period shall not be las than a 10-year
period ending on the date of application for
employment.
MC Heft refftorlte BISPoNSISILITHZ
Effective July 1, 1987, no employer shall
knowingly allow, permit, or authorise an
employes to operate a commercial motor ve-
hicle in the United States during any
period-
(1) in which such employee has cr driver's
license suspended, revoked, or cancelled by a
State, has lost' the right to operate a com-
mercial motor vehicle in a State. or has been
disqualified from operating a commercial
motor vehicle: or
(2) in which such employee hos 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 when-
ever a State law enacted on or before June 1,
1988, requires such employee to have more
than one driver's license.
The second exception in paragraph (2) shall
not be effective after December 31.1910.
SSC Ms& 1TS7ING OP OPIRATORS
(a) Erreausitswar or Moinivit Fisierue.
SeAsioutim.-Not later than July 19, 1988. the
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1111270 CONGRESSIONAL RECORD ? HOUSE October 17, 1986
Secretary shall issue regulations to establish des includes but is not limited to studies of
minimum Federal standards for testing and the number of vehicles which will need to be
ensuring the fitness of persons who operate tested under such program in a calendar
commercial motor vehicles. Such regula- year, studies of facilities at which testing of
tions? such persons could be conducted, and stud-
(1) shall establish minimum Federal tes of additional resource* (including per-
standards for written iCSLI and driving tests sonnet) which will be necessary to conduct
of persons who operate such vehicles; such testing.
(2) shall require a driving test of each (7) Fonamoo.?There shall be available to
the Secretary to carry out this subsection
85,000,000 from funds made available to
carry out section 404 of the Surface Trans-
portation Assistance Act of 1982 for each of
fiscal years 1987. 1988, 1989,2990, and 1991.
(d) SUPPLEMENTAL MINT PROGRAM.?
ELIGIBILITY AND ruarosts.?The Secre-
tary may make in a fiscal year grants to
States eligible to receive grants under sub-
section Ic) 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 September
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 distributed
person who operates or will operate a com-
mercial motor vehicle in a vehicle which is in such fiscal year -a law which provide.*
representative Of the type of vehicle such that any Person with a blood alcohol con-
person operates or will operate; centration of 0.10 percent or greater when
(3) shall establish minimum Federal test- operating a commercial motor- vehicle is
Ing standards for operation of commercial deemed to be driving while under the intlu-
motor vehicles and, if the Secretary consid- ence of alcohoL
ers appropriate to carry out the objectives of (2) ELIGIBILITY art= Inca smui MR?The
this title, may establish different minimum Secretary may make a grant to a State in a
testing standards for different classes of fiscal year beginning after September 30,
commercial motor vehicles; 1989?
(4) shall ensure that each person taking (A) if the State enters into an agreement
such tests has a working knowledge of (A) with the Secretary?
regulations pertaining to safe operation of a (i) to adopt and administer in such fiscal
commercial motor vehicle issued by the Sec- year a program for testing and ensuring the
retary and contained in title 49 of the Code fitness of Persons who aerate commercial
of Federal Regulations, and (B) any safety motor vehicles in accordance with all of the
system of such vehicle; minimum Federal standards established by
(5) in the case of a person who operates or the Secretary under subsection (a); and
will operate a commercial motor vehicle car- to require that operators of counter.
ming a hazardous material, shall ensure? dal motor vehicles have passed written and
(A) that such person is qualified to operate driving tests which comply with such mini-
a commercial motor vehicle in accordance mum 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 con-
centration of 0.10 percent or greater when
aerating a commercial motor vehicle is
deemed to be driving while under the influ-
ence of alcohoL
(3) ADsiltusTRATION or mom rut ?A
State?
(A) may administer driving tests referred
to in paragraph (2) and section 12009(e); or
(B) may enter into an agreement, air-
Proved by the Secretary, to administer such
tests with a person (including 4 department,
agency or instrumentality of a local govern-
ment) which meets such minimum stand-
ards as the Secretary shall establish by regu-
lation?
(t) if the -agreement allows the Secretary
and the State each to conduct random ex-
aminations, in:suctions, and audits of such
testing without prior notification; and
(ii) if the State conducts at least annually
one onsite inspection of such testing.
(4) Minoan smogwr or au:fr.?The Secre-
tary shall determine the amount of grunts in
a fiscal year to be made under this subsec-
tion to a State eligible to receive such grants
in the fiscal year; except that?
(A) such State shall not be granted less
than 6100,000 under this subsection in the
(C) BASIC Gnsnr PROGRAM.?
(1) ELIGIBILITY FOR 'MIL YEARS 1987, 1988,
AND 1189.?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 Secretary to develop a program for
testing and ensuring the fitness of Persons
who operate commercial motor vehicles; and
(B) V the State has in effect and enforces
with all regulations pertaining to motor ve-
hicle transportation of such material issued
by the Secretary under the Hazardous Mate-
rials Transportation Act; and
(B) that such person has a working knowl-
edge O?
W such regulations,
(ii) handling of such material,
(iii) the operation of emergency equip-
ment used in response to emergencies aris-
ing out of the transportation of such mated-
at, and
(iv) appropriate response procedures to be
followed In 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 commer-
cial 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 applicable to
such person; and
(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 cer-
tification in his or Iter possession whenever
such person is operating a commercial
motor vehicle.
(b) Rzotrouowrr 'on OPERATION or CMV.?
(1) GSNERAL AULL?Except as provided (B) to the extent that any States are grant-
under paragraph (2), no person may operate ed more than 8100,000 per State in the fiscal
a commercial motor vehicle unless such year under this subsection. the Secretary
person has taken and passed a written and shall ensure that such States are treated eq-
driving test to operate .such -vehicle which uttably.
meets the minimum Federal standards es- (5) LIMITATION ON LISS or meas.?
tabtished by the Secretary under subsection (A) IN FISCAL rum 1987, 1988, AND 198L?A
(a). State receiving a grant under this subsec-
(2) EXCEPTION.?The Secretary may issue tion in fiscal year 1987, 1988. or 1989 may
regulations which provide that a person? only use the funds provided under such
(A) who passes a driving test for Operation grant for developing a program for testing
of a commercial motor vehicle in accord- and ensuring the fitness of persons who op-
ance with the minimum standards MO- erate commercial motor vehicles.obligation of the United States for payment
lished under subsection (a), and (13) THEREArraL?A State receiving a grant
(B) who has a driver's license which is not under this subsection in any fiscal year be- gr "mud ef the grant'
suspended, revoked, or cancelled, ginning after September 30, 1989, may only IISC ines. COMMERCIAL Dimmts LICENSE
may operate such a vehicle for a period not use the funds provided under such grant for Not later than July 15, 1988, the Secretary.
to exceed 90 days. testing operators of commercial motor veht- after consultation with the States, shall
(3) Erntomu DATE?Paragraph (I) shall des. issue regulation* establishing minimum
take effect on such date as the Secretary (6) DitesLOPNINT 07 TSSIVia PaoaltUs DS- uniform standards for the issuance of corn-
shall establish by regulation. Such date shall SCRIBCD.?For purposes of this subsection mecial drivers' licenses by the States and
be as soon as practicable after the date of and subsection Id). development of a pro- for information to be contained on such li-
the enactment of this title but not later than gram for testing and ensuring the fitness of cense& Such standards shall, at a minimum,
April1. 1992. persons who operate commercial motor vehi- require that?
among the States eligible to receive grants
under subsection (c) in such fiscal year on
the basis of the number of written and driv-
ing tests administered, and the number of
drivers' licenses for operation of commercial
motor vehicles, issued in the preceding fiscal
year.
(3) lIonzuno.?There shall be available to
the Secretary to carry out this subsection?
(A) 83,000,000 from funds made available
to carry out section 402 of title 23, United
States Code, by the National Highway Traf-
fic Safety Administration for each of fiscal
years 1987, and 1988;
(B) 83,000,000 from funds made available
to carry out section 404 of the Surface
Transportation AS898LanCe Act of 1982 for
each of fiscal years 1989, 1990, and 1991.
W LIIIITAVONS on Muer PROGRAM:L?
W ALiDeriaismCS or zweitr.?The Secretary
may not make a grant to any State under
this section unless such State agrees that the
aggregate expenditure of funds of the State
and political subdivisions thereof, exclusive
of Federal funds, for testing of operators of
commercial motor vehicles will be main-
tained 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 OP AVAILARIL117.?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 -available. Any of such funds not obli-
gated 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 sec-
tion shall remain available until expended.
(3) CormucT At1771011171E?Notwithstand-
Inc any other provision of law, oPProval by
the Secretary of a grant to a State under this
section shall be deemed to be a contractual
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October 17, 1986
CONGRESSIONAL RECORD ? HOUSE H 11271
111 each person who is issued a commer-
cial 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);
121 the commercial drivers' licenses are, to
the maximum extent practicable, tamper
proof; and ?
131 each commercial driver's license con-
tain the following information:
(A) the name and address of the person to
whom such license is issued and a physical
description of such person:
(B) the social security number or such
other number or information as the Secre-
tary determines appropriate to identify such
person:
(C) the class or type of commercial motor
vehicle or vehicles which such person is au-
thorized to operate under such license;
ID) the name of the State which issued
such license; and
(S) the dates between which such license is
valid.
SEC. MN. COMMERCIAL DRIVERS LICENSE INFOR-
MATION SYSTEM.
(a) DCADLINL?Not later than January 1,
1989, the Secretary shall either enter into an
agreement under subsection (b) for oper-
ation of, or establish under subsection (c).
an information system which will serve as a
clearinghouse and depository of informa-
tion pertaining to the licensing and identifi-
cation of operators of commercial motor ve-
hicles and the disqualification of Such-oper-
ators from operating commercial motor ve-
hicles. /n carrying out this section, the Sec-
retary consult the States.
(b) CGRZEmitzIT FOR Use Os NON-FZDSCIAL
STEITM.?
(1) Rsvntw.?Not later than January - 1,
1988. the Secretary shall conduct a review of
Information systems utilized by I or more
States pertaining to the driving status of op-
erators of motor vehicles and other State-op-
erated information systems for the purpose
of determining whether or not any of such
systems could be utilized to carry out this
section.
(21 AGR17.31SNL-1.1 the Secretary deter-
mines that one at the information systems
reviewed under Paragraph 111 could be uti-
lised to carry out this section and the State
or States utilising such system agree to the
use of such system for carrying out this sec-
tion. the Secretary may enter into an agree-
ment with such State or States for the use of
such system in accordance with the provi-
sions of this section and section 12009(c).
(3) Twit OF AORCEMENT.?Any agreement
entered into under this subsection shalt con-
tain such terms and conditions as the Secre-
tary considers necessary to carry out the ob-
jectivesof this
(C) ZSTABLICIIMENT.?If the Secretary does
not enter into an agreement under subsec-
tion (b), the Secretary shall establish an in-
formation 'system pertaining to the driving
status and licensing of operators of commer-
cial motor vehicles in accordance with the
provisions of this section.
(d) lawns= ItactutArtom?The informa-
tion system under this section shall, at a
minimum, include the following informa-
tion concerning each operator of a cominer.
eat motor vehicle:
(1) Such information as the Secretary con-
siders appropriate to ensure identification
of such operator.
121 The name and address of such operator
and a physical description of such operator.
(3) The social security number of such op-
erator or such other number or information
as the Secretary determines appropriate to
identify such operator.
IV The name of the State which issued the
driver's license to such operator.
(5) The dates between which such license
is valid.
161 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 com-
mercial motor vehicle in a State for any
period, or has been disqualified from operat-
ing a commercial motor vehicle.. -
le) Avenzaturt or Ittrosztznott.?
(1) 70 STATL?Upon request of a State, the
Secretary or the operator of the information
system, as the case may be, may make avail-
able to such State information in the infor-
mation system under this section.
(2) To rim sziwzons.?Upon request of an
employee, the Secretary or the operator of
the information system. as the case may be,
may make available to such employee infor-
mation in the information system relating
to such employee.
(3) To sarrsorsit.?Upon request of an em-
ployer or prospective employer of an em-
ployee and alter notification of such em-
ployee, the Secretary or the operator of the
Information system, as the case may be, may
make available to such employer or prospec-
tive employer information in the informa-
tion system relating to such employee.
(4) To not szcssrzsr.?Upon the request of
the Secretary, the operator of the informa-
tion system shall make available to the Sec-
retary such information pertaining to the
driving status and licensing of operators of
commercial motor vehicles (including the
information required by subsection (di) as
the Secretary may request.
(f) Coisscrrom or isss.?If the Secretary
establishes an information system under.
this section; the Secretary shalt establish a
fee system for utilisation of the information
system. The amount of fees collected pursu-
ant 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 High-
way Trust Fund (other than the Mass Tran-
sit Accoiint).
(g) FuNDINO.?There shall be available to
the Secretary to carry out this section not to
exceed 32,000,000 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.
SSC inn regieltzL DisquitilIcA770tia
(a) DAWN Darettio; LEAVING nit Sums or
AN Accmster: Fzzotasx?
(1) Fourr
(Al Gowns aut.s.?Except as provided in
subparagraph (B) and paragraph (2). the
Secretary shall disqualify from operating
commercial motor vehicle for a Period of not
less than I year each person?
(ii who is/blend to have committed a first
violation?
ID of driving a commercial motor vehicle
while under the influence ? of alcohol or a
controlled substance, or
? (ID of leaving the scene of an accident in-
volving a commercial motor vehicle operat-
ed by such person: or
NV who uses a commercial motor vehicle
In Use commission of a felony (other than a
felony described in subsection (b)). ?
(B) Srsczu. Ruts.?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 hazard-
ous material required by the Secretary to be
placarded under section 105 of the Hazard-
ous Materials Transportation Act (49 U.S.0
App. 1804), the Secretary shall disqualify the
person for a period of not less than 3 years.
(2) Sitcoms muslin.?
(A) GENERAL CULL?Subject to subpara-
graph Mt, the Secretary shall disqualify
from operating a commercial motor vehicle
for life each person?
a/ 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;
lifJ who is found to have committed more
than one violation of leaving the scene of an-
accident involving a commercial motor ve-
hicle operated by such person;
NW who uses a commercial motor vehicle
in the commission of more than one felony
arising out of different criminal episodes; or
NW( who is found to have committed a
violation described in clause (4) or (ii), and
(II) who is found to-have committed a vio-
lation describtd. in Vie other of such clauses
or uses a commercial motor vehicle in the
commission of a felony.
(B) SPECIAL stn.s.?The Secretary may
issue regulations which establish guidelines
(including conditions) under which a dis-
qualification for life under subparagraph
(A) may be reduced to a period of not len
than 10 years.
(bi Comrsowto SUBSTANCE Frtottrts.?The
Secretary shall disqualify 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 controlled substance, or possession with
intent to manufacture, distribute, or dis-
pense a controlled substance.
(c) Sums TRAFFIC Tflosartons.-
- (1) SECOND VIDLATION.?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 commercial motor ve-
hicle operated by such person.
(2) DURO 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 commercial
motor vehicle operated by such person,.
(d/ ENFORCEMENT OF DIUMUNG AND Dntionci
'Rio
(1) Our or SERVICZ?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.
(21 Wow-torts or our-or.szswcs ORDERS.?
No person shall violate an out-of-service
order issued under paragraph (1) of this sub-
section.
(3) REPORI7NO tesoutiesswirs.?Not later
than 1 year after the date o f the enactment
of this title, the Secretary shall issue regula-
tions establishing and enforcing require-
ments for reporting 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 his or her employer and to the
State which issued such operator his or her
driver's license.
le/ LanrAssop ON APPLICA3JL/17.?
(1) GENERAL CULL?Notwithstanding any
requirement of subsections (a), (b), and (c)
of this section. the Secretary does not have
to disqualify from operating a commercial
motor vehicle any person who has been dis-
qualified from operating a commercial
motor vehicle in accordance with such re-
quirement by the State which issued the
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H 11272 CON
driver's license which authorized such
person to operate such vehicle
(2) SATISFACTION OF ATAIT DISQUALIMCI-
7101L?For purposes of paragraph (1), sus-
pension, revocation. or cancellation of a
driver's license which authorises 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 CONCZNTRATION
LEVU.?
(1)
(A) NATIONAL ACADEJIY OF SCJINCOL?NOf
later than 30 days after the date of the en-
actment of this title, the Secretary shall un-
dertake to enter into appropriate arrange-
ments with the National Academy of Sci-
ences to conduct a study of the appropriate-
ness of reducing the blood alcohol concen-
tration level at or above which a person
when operating a commercial motor vehicle
is deemed to be driving while under the in-
fluence of alcohol from 0.10 to 0.04 percent.
(B) ltgronz?In entering into any or.
rangements with the National Academy of
Sciences for conducting the study under this
subsection, the Secretary shall request the
National Academy of Sciences to submit,
not later than 1 year after the date of the en-
actment of this title, to the Secrete,/ a
report on the results of such study.
(2) RuLsoLuureo.?Not later than 1 year
after the date of the enactment of this title,
the Secretary shall commence a rulemaking
to determine whether or not, for purposes of
this section and section 12009 of this Ae4
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) Is:wren or ROLL?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 AI commercial motor
vehicle shall be deemed to be driving while
under the influence of alcohol at 0.10 per..
cent or such lesser percentage as the Secre-
tary determines appropriate
(4) Fax.mts or Ins sscarrArtY TO rssus
Erns.?lf the Secretary does not issue a rule
described in paragraph (V in the 2-year
period beginning on the date of the enact-
ment of this title, for purposes of this sec-
tion and section 12009 of this Act, the blood
alcohol concentration level at or above
which a person operating a commercial
motor vehicle shall be deemed to be driving
while under the influence of alcohol shall be
0.04 percent.
sem MN REQUIREMENTS FOR STATS PARTICIPA-
TION.
ICU IN GENERAL.?IR order not to have
funds withheld under section 12011 from ap-
portionment, each State shall comply with
the following requirements:
(1) TESTING PROGRAM?The State shall
adopt and administer a program for testing
and ensuring the fitness of persons to oper-
ate commercial motor vehicles in accord-
ance with all of the minimum Federal stand-
ards established by the Secretary under sec-
tion 12005(a).
(2) Tsrr sTarawros.?The State shall not
Issue a commercial driver's license to a
person unless such person passes a written
and driving test for the operation of a com-
mercial motor vehicle which complies with
such minimum standards.
(3) Dftrwrio WHILE wenn THE namusrics=
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 sec-
GRESSIONAL RECORD ? HOUSE October 17, 1988
tion 12008(f) when operating a commercial
motor vehicle is deemed to be driving while
under the influence of alcohol.
(4) CDL ISM/VIM AND DffORMAITON.?The
State shall authorise a person to operate a
commercial motor vehicle only by issuance
of a commercial driver's license which con-
tains the information described in section
12008(a)(3L
(5) ADVANCE' NOTITICATION or ucsratrev.?At
least 80 days before issuance of a commer-
cial driver's license or such shorter period as
the Secretary may establish by regulation,
the State shall notify the Secretary or the op-
erator of the information system under sec-
tion 12007, as the case may be, of the pro-
posed issuance of such license and such
other information as the Secretary may re- '
quire to ensure identification of the person
applying for such license
(V INFORMATION asoussr.?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 li-
cense to such person all information per-
taints' to the driving record of such person.
(7) NOTIFICATION or mcstistrio.?Within 30
days after issuance of a commercial driver's
license, the State shall notify the Secretary
or the operator of the information system
under section 12007, as the ease may be, of
the issuance
(8) NO1717CATION or DISQUMMTC4770141.?
Within 10 days after 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 10 days or
more, the State shall notify?
(A) the Secretary or the operator of the in-
fisrmation system under section 12007, as
Use case may be, and
(B) the State which issued the license,
of such disqualification, suspension, revoca-
tion, or cancellation.
(9) NornscArror or TRAFFIC voLATrotes.?
Within 10 days after a person who operates
a commercial motor vehicle. who has a driv-
er'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 motif()
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) LnarAvori or IJCZNSDKL?The State
shall not issue a commercial driver's license
to a person during a period in which such
person is disqualified from operating a com-
mercial motor vehicle or the driver's license
of such person is suspended. revoked, or can-
(
(11) Rsivari or OLD Licsrasse?The 'State
shall not issue a commercial driver's license
to a person who has a commercial driver's
license issued by any other State unless such
person first returns the driver's license
issued by such other State.
(12) DOMICILS IISQUIREMENT.?The State
shall issue commercial drivers' licenses only
to those persons who operate or will operate
commercial motor vehicles and are dont-
cUed in the State; except that the State, in
accordance with such regulations as the Sec-
Mary shall Owe, 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 penalties as the State deter-
mines appropriate and the Secretary ap-
proves for operating a-COMM/VW motor ve-
hicle while not having a commercial driver's
license, while having a driver's license sus-
pended, revoked, or cancelled, or while being
disqualified from operating a commercial
motor vehicle.
(14) REarnocrrn?The States shall allow
any person?
(A) who has a commercial driver's li-
cense?
(i) which is issued by any other State in
accordance with the minimum Federal
standards for the issuance of such licenses,
and
(ii) which is not suspended, revoked, or
cancelled; and
(e) who is not eisoodavise from operating
a commercial motor vehicle;
to operate a commercial motor vehicle in
the State .
(15) FrasT ornirsEs.?The State shall di.-
qualify from ?Pouting a commercial motor
vehicle for a period ofnot less than 1 year
each person? -
(A) who is found to have committed a first
violation?
(if of driving a commercial motor vehicle
while under the influence of alcohol or a
controlled substance. or
of leaving the scene of an accident in-
volving a commercial motor vehicle operat-
ed by suck person; or
IBI who uses a commercial motor vehicle
In the commission of a felony (other than a
felony described in paragraph (17)1;
accent that if the vehicle- being operated or
used in connection with such violation or
Use commission of such felony is transport-
ing .4 hazardous material required by the
Secretary to be placarded under section 105
of the Hazardous Materials Transportation
Act -(49 U.S.0 App. 1804), the State shall dis-
qualify such person from operating a com-
meicial motor vehicle fora Period of net less
than 3 years.
UV Savona onswass.?
(A) GENITAL attax.?Subject to subpara-
graph (B), the State shall disqualify from on-
crating a commercial motor vehicle for life
each person?
a) who is found to hang committed more
than one violation of driving a commercial
motor vehicle while under the influence of
alcohol or a controlled substance;
NU who is found to have committed more
than One violation of leaving the Kens of an
accident involving a commercial motor ve-
hicle operated by such person;
Mil who uses a commercial motor vehicle
in the commission of more than one felony
arising out of different criminal episodes: or
non!) who is found to have committed a
violation described in clause NI or Hi), and
(II) who is found to have committed a vio-
lation described in the other of such clauses
or uses a commercial motor vehicle in the
commission of a felony.
(13) SPECIAL RULS.?The State, in accord-
ance with such guidelines (including condi-
tions) as the Secretary may establish by reg-
ulation, may reduce a disqualification for
life in accordance with subparagraph (A) to
a period of not less than 10 years.
(17) Drew orrsrass.?The State. shall dis-
qualify from operating a commercial motor
vehicle for life each person who uses a corn-
merclol motor vehicle in the commission of
a felony involving manufacturing, distribut-
ing, or dispensing a controlled substance, or
possession with intent to manufacture, dis-
tribute, or dispense a controlled substance.
(18) SECOND smogs TRAMC WOLATION.?
The State shall disqualify from operating a
commercial motor vehicle for a period of not
less than 410 days each person who, in a3-
year period, is found to have committed 2
serious traffic violations involving a com-
mercial motor vehicle operated by such
person.
(19) THIRD SERIOUS mimic VIOLATION.?The
State shall disqualify from operating a cam-
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CONGRESSIONAL RECORD - HOUSE H 11273
mercial motor vehicle fore 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) NA77014AL DRIVER MOOT= INFORM-
rioN.-Before issuing a commercial driver's
license to operate a commercial motor vehi-
cle 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 deter-
mined by the Secretary to be operationa)-
(A) on whether such person has been dis-
qualified from operating a motor vehicle
(other than a commercial motor vehicle);
(8) on whether such person has had a li-
cense (other than a license authorizing such
person to operate a commercial motor vehi-
cle) 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 con-
victed of any of the offenses specified in sec-
tion 205(a)(3) of such Act.
The State shall give full weight and consid-
eration to such information in deciding
whether to issue a commercial driver's li-
cense to such person.
(21) Our or mince RSGULATIONS.-The
State shall adopt and enforce any requite-
hone issued by the Secretary under section
12008(d)(11.
(b) S4TISFAC770N OF STAIR DISQUALIFICATION
Rsounessarrr.-A State may satisfy the re-
quirements of. subsection (a) that the State
disqualify a person who operates a commer-
dal motor vehicle if the State suspends, re-
vokes, or cancels the driver's license issued
to such person in accordance with the re-
quirements of such subsection.
(c) Normairrom-Not later than 30 days
after being notified by a State of the pro-
posed issuance of a commercial driver's li-
cense to any person, the Secretary or the op-
erator of the information system under sec-
tion 12007. as the case may be, shall notify
such State of whether or not such person has
a commercial driver's license issued by any
other State or has been disqualified from op-
eratina a commercial motor vehicle by any
other State or the Secretary..
SEIC MI& GRANT PROGRAM
(al Earsausintstir.-The Secretary may
maks a grant to a State 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) Murmur meow? or onzter.-The Secre-
tary 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 :loam under this section in the fiscal
year: and
(2) to the extent that any States WV grant-
ed more than $100,000 per State in the fiscal
year under this section. the Secretary shall
ensure that such States are treated equita-
bly.
(C) LIMITATION ON 'USE OF PUNDIL-A State
receiving a grant under this section may
only use the funds provided under each
grant for issuing commercial driver's li-
censes and complying with the requirements
of section 12009.
(d) Corerzezer AurNonrry.-Noturithstand-
ing any other provision of law, approval be
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) Pezzoo or Ayett-usiurz-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
niade available. Any of such funds not obli-
gated before the last day of such period shall
no longer be available to such State and
shall be available to the Secretary for carry-
ing out the purposes of this title. Funds
made available pursuant to this - -section
shall remain available until expended.
(f) Putrottro.-There shall be available to
the Secretary to carry out this section
0.000,000 from funds made available to
carry out section 404 of the Surface Trans-
portation Assistance Act of 1982 for each of
fiscal years 1989, 1990, and 1991.
SSC mu. WITHHOLDING Or HIGHWA r PONDS ,41,011
SPATS NONCOMPLIANCIL
(a) Four Tkus.-The Secretary shall with-
hold 5 percent of the amount required to be
apportioned to any State under each of sec-
tions 104(b)(1), 104(6)124 104(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 require-
ment of section 12009(a) of this Act.
(b) Amu mit Filter Yeat.-The Secretary'
shall withhold 10 percent of the amount re-
gutted to be apportioned to any State under
each of sections 104(b)(1), 104(b)(2),
104(0)(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 or Ayea-uaLirr; Errscr or Cow-
PIJANCt AND NONCOMPLIANCZ.-
(1) FUNDS winnow ON OR BEFOILl
? 3111,
(A) PrivoD or ovAttAltairr.-Any funds
withheld under this section from apportion-
ment 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 appor-
Honed under section 104(b)(5)(B) of such
title but for this section, 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 ap-
Proprtated.
(ii) If such funds would have been appor-
tioned under section 104(b)/l), 104(b)(2), or
104(b)(8) of such title but for this section,
such funds shalt remain available until the
end of the third fiscal year following the
fiscal year for which such funds are author-
ised to be appropriated,
(B) Furors wrrinteLD Arras szrrszasez Jo,
zoos.-No funds withheld under this subsec-
tion from apportionment to any State after
September 30,-1995, shall be available for ap-
portionment to such State
(2) Arroterromourr or wrrinteLD flume
amen comeLLtrecx.-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 sub-
stantially complies with all of the require-
ments of section 12009(a) of this Act for a.
periodof 365 days, the Secretary shall on the
day following the last day of such period ap-
portton to such State the withheld funds re-
mai/sing available for apportionment to
such State
(3) PMGOD OF AVAILABILITY OF SUBSSQUENT.
LT APPORTIONED FUNDS.-Any funds appor-
tioned 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 appor-
tioned. 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
be the Secretary for projects in accordance
with section 118(b) of such title
(4) Enter OP NONCOMPLuNCS.-If, at the
end of the period for which funds withheld
under this seen= from apportionment are
available for apportionment to a State
under Paragraph (1), the State has not sub-
stantially complied with all of the require-
ment' of section 12009(a) of this Act for a
365-day period, such funds shall lapse or, in
the case of funds withheld from apportion-
ment under section 104(b)(5) of such title.
such funds shall lapse and be made avail-
able by the Secretary for projects in accord-
ance with section 118(b) of such title.
Ole MIL MALT=
(a) Nortcs or !hot...mom-Paragraph 1) of
section 521(b) of Pile 49, United States
Code, is amended by inserting "or section
12002, 12003, 12004, 12005(b), or 12008(d)(2)
of the Commercial Motor Vehicle Safety Act
0/ 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 PINAL7710.-Paragraph (2) of such
section is amended, by inserting "(A) IN ?sty-
insz..-" before "Except as", by inserting
"(other than subparagraph (B))" before ",
except for nscordkeeping violations". and by
striking out the last two sentences and in-
serting in lieu thereof the following:
"(B) VIOLATIONS Pentagram TO CDLS.-Any
person who is determined by the Secretary,
after notice and opportunity for a hearino.
to have committed an act which is a viola-
tion of section 12002, 12003, 12004, 12005(b),
or 1200841(2) of the Commercial Motor Ve-
hicle Safety Act of 1986 shall be liable to the
Untted States for a civil penalty not to
exceed $2.500 for each offense
"(C) DrrouumtrzoN or zmormr.-The
amount of any civil penalty, and a reasona-
ble time for abatement of the violation, shall
by written order be determined by the Secre-
tary, taking into account the nature, cir-
cumstances, extent, and gravity of the viola-
tion committed and, with respect to the vio-
lator, the degree of culpability, history of
prior offenses, ability to pay, effect on abili-
ty to continue to do business, and such other
matters as justice and public safety may re-
quire. In each case, the assessment shall be
calculated to induce further compliance.".
(c) Posrum or Nonce,-Paragraph (3) of
such section is amended by inserting "or
section 12002, 12003. 12004, or 12005(b) of
the Commercial Motor Vehicle Safety Act of
1981" after "the Motor Carrier Safety Act of
1984".
(d) Our or Seance ORDERS.-Paragraph
(51(A) of such section is amended by insert-
ing "or section 12002, .12003, 12004, or
12005(b) of the Commercial Motor Vehicle
Safety Act of 1988" after "the Motor Carrier
Safety Act of 1984" and by striking out "sec-
tion" the second place it appears and insert-
ing in lieu thereof "sections':
ler CRIMINAL PSNALTIZS.-Paragraph (6) of
such section is amended.by inserting "(A) IN
ostizazt..-" before "Any person" and by
adding at the end thereof the following:
"(11) VIOLATIONS PERTAINING TO CDLS.-Any
person who knowingly and willfully vio-
lates-
"NJ any provision of section .12002,
12003(b), 12003(c), 12004, 12005(b), or
12008(d)(2) of the Commercial Motor Vehicle
Safety Act of 1986 or a regulation issued
under such section, or
"(it) with respect to notification of a seri.
aus traffic violation as defined under sec-
tion 12019 of such Act, any provision of sec-
tion 12003(a) of such Act or a regulation
issued under such section 12003(a),
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CONGRESSIONAL RECORD ? HOUSE October 17, 1986
shall, upon conviction, be subject for each
offense to a fine not to exceed 85,000 or im-
prisonment for a term not to exceed 90 days
or both.".
(f) CoNrommro Ammommas.?(1) Para-
graph (2) of such section is amended by in-
serting "Om PENALTY.?" after "(2)1 by in-
denting subparagraph (A), as designated by
subsection (b) of this section, and aligning
such subparagraph with subparagraph (Si,,
as added by such subsection (b).
(2) Paragraph (6) of such section is
amended by inserting "Canntret. PENAL-
ries.?" after "(6)" and by indenting sub-
paragraph (A), as designated by subsection
(e) of this section, and aligning such sub-
-paragraph with subparagraph (B), as added
by such subsection (e), ?
(S) TECHNICAL Amerrosezmd.-1 1) Paragraph
(6) of such section is further amended by
striking out 'Tor a fine" and inserting in
lieu thereof "to a fine"
(2) Paragraph. (13). of such section is
amended by striking out "section 4" and in-
serting in lieu thereof "section 204".
szc ma WAIVER AMMONS":
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 provi-
sion of this title or any regulation issued
under this title with respect to class of per-
sons 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 commer-
cial motor vehicles. Any waiver under this
section shall be published in the Federal
A-Mister, together with reasons for such
waiver.
SEC MOM COMAIMCIAL MOMR ISSICL1 samt77
MASTS.
Section 404 of the Surface Transportation
Assistance Act of 1982 (49 U.S.0 2304) is
amended to read as follows.-
"a UTHORMATIOlet
"Sec. 404. (a)(1) To carry nut the purposes
of section 402 of this title, there U author-
ized to be appropriated out of the Highway
Trust Fund (other than the Mass Transit Ac-
count) 410,000,000 for fiscal year 1984,
820.000,000 for fiscal year 1985, and
130,000,000 for fiscal year 1986.
"(2) Subject to section 9503(c)(1) of the In-
ternal Revenue Code of 1986, there shall be
available to the Secretary to incur obliga-
tions to carry out section 402 of this title,
out of the Highway Trust Fund (other than
the Mass Transit Account), 850,000.000 per
fiscal year for each of fiscal years 1987 and
1988 and 460,000.000 per fiscal year for each
of fiscal years 1989, 1990, and 1991.
"(b) Funds authorized to be appropriated,
and funds made available, by this section
shall be used to reimburse Stater pro rata for
the Federal share of the costs incurred.
"(c) Grants made pursuant to the author-
ity of this part shall be for periods not to
exceed one year.
"(d) Notwithstanding any other provision
of law, beginning after September JO. 1984
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 programs to en-
force commercial motor vehicle rules, regu-
lations, standards, and orders.
"(e) Funds authorized to be appropriated,
and funds made available, to carry out this
section shall remain available for obligation
- by the Secretary for the fiscal year for which
such funds are authorised or made avail-
able, as the case may be, and the three suc-
ceeding fiscal years.
"(.1) On October 1 of each fiscal yaw begin-
ning 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 per-
cent of the amount of such funds for admin-
istering section 402 of this title in such
fiscal year. ".
SEC nem MKT DRAKE REGULATIONS.
Not late than the 90th day after the date of
the enactment of this title. the Secretary
shall revise the regulations of ?the Adminis-
trator of the Federal Highway Administra-
tion contained in section 393.42(c) of title
49 of the Code of Federal Regulations tore-
quire trucks and truck tractors manufac-
tured After July 24, 1980, to have brakes op-
erating on all wheels. The Secretary may
provide for a delayed effective date (not ex-
ceeding I year) for trucks and truck tractors
manufactured after July 24. 1980, and before.
such date of enactment.
SEC Nora RADAR DENoNS7RA770N PROMO:
(a) Paomor Descrurrton?Nottoithatand-
ing any other provision of law, the Secre-
tary, in cooperation with State and Local-
law enforcement officials, shall conduct a
demonstration project to assess the benefits
of continuous use of unmanned ruder equip-
ment on highway safety on a section of high-
way with a high rate o f motor vehicle acei-
dents. Such project shall be conducted in
northern Kentucky or r a hilly section of
Interstate Route 1-75 between Port 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) Rzroalz.-
- (1) Lamm deroar.?Not later than 18
months after the date of the enactment of
this title, the Secretary shall transmit to
Congress an interim report on the remits of
the demonstration project conducted under
subsection (a), together with any recommen-
dations on whether or not to extend the du-
ration of such demonstration project and
whether or not to expand the scope of such
Protect.
(2) FINAL nzroar.?Not later than 10 days
after completion of the demonstration
Protect conducted under subsection (al, the
Secretary shall transmit to Congress a final
report on the results of such project, together
with any such recommendations.
SIM inn UNITATION ON STAMISRY Convince-
77014
Nothing in this tide shall be construed to
diminish, limit, or otherwise affect the au-
thwart of the Secretary to regulate commer-
cial motor vehicle safety involving motor ve-
hicles with a gross vehicle weight rating of
less than 20,00/ pounds or such lesser gross
vehicle weight rating as determined appro-
priate by the Secretary under section
12019(61(4) of this Act.
SEC Melt REGULATIONS.
(a) ASIIKAMIT r 0 ISSM?The Secretary
may issue such regulations as may be neces-
sary to carry out this title.
(b) Commerce Wrri Tins 5.-411 regula-
tions under this title shall be issued in ac-
cordance with section 553 of tide 5, United
States Code (without regard to sections 556
and 557 of such title).
MC ma Dtatm170Na
For purposes of this Me?
al At.cowoz.?The term "alcohol" has the
meaning the term alcoholic beverage has
under section 158(c) of title 23, United
States code.
(2) Dairmes mczram.?The term "driver's
license" means a license issued by a State to
an individual which authorizes the individ-
ual to operate a motor vehicle on highways.
.
(Si Comeencs.?The term "commerce'
Means?
(A) trade, traffic, and transportation
within the jurisdiction of the United States
between a place in a State and a place out-
side of such State (including a place outside
the United States); and
(B) trade, traffic, and transportation is
the United States which affects any trade,
traffic, and transportation described in sub-
paragraph (A).
(4) ? CoNumecut. orurties mcmise.?The
term "commercial driver's license" means a
license issued by a State to an individual
which authorizes the individual to operate a
class of commercial motor vehicle.
_(5) Moron muct.s.?The term "motor ve-
hicle" means a vehicle, machine, tractor,
trailer, or semitrailer propelled or drawn by
mechanical power used and on highways,
except that such term does not include a ve-
hicle, machine, tractor, trailer, semitrailer
operated =slatted, on a mil.
(6) CaratznaeL Noma macts.?The term
"commercial motor vehicle" means a motor
vehicle used in commerce to transport pas-
sengers or property?
(A) if the vehicle has a gross vehicle weight
rating of 2E001 or more pounds or such a
lesser gross vehicle weight rating as. the Se-
cretary determines appeopriate by regula-
tion but not len than a gross vehicle weight
rating of 10301 pounds;
(B) if the vehicle is designed to transport
more than 15 passengers, including the
driven or
ICI if such vehicle is used in the Unmoor-
lotion of materials found by the Secretary to
be hazardous for the purposes of the Hazard-
ous Materials Transportation Act.
A motor vehicle which is used in the trans-
portation of hazardous materials and which
has a gross vehicle weight rating of less than
24,001 pounds (or such gross vehicle weight
rating as determined appropriate by the Sec-
rotary under subparagraph (A)) shall not be
Included as a commercial motor vehicle par-
'Want to subparagraph ICI if such hazard-
ous material is listed as hazardous pursuant
to section 308(a) of the Comprehensive En-
vironmental Response. Compensation, and
Liability Act of 1040 (42 U.S.0 9656161) and
is not otherwise regulated by the Depart-
ment of Transportation or I/ such hazardous
material is a consumer commodity or limit-
ed 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 sen-
tence to any motor vehicle or class of motor
vehicles if the Secretary determines that
such waiver is in the interest of nifetla
(7) Coprzowto suarourcu?The term
"controlled substance" has the meaning
such term has under section. 102 of the Con-
trailed Substance& flat 121 U.S.0 8021.
(8) Esilmoral.?The term "employee"
means an operator of a commercial motor
vehicle (including an independent contrac-
tor while in the course of operating a com-
mercial motor vehicle) who is employed by
an employer.
(9) Ramona?TM 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 oper-
ate such a vehicle.
(.10) Famom.?The term 'Telony" means an
offense under State or Federal law that is
punishable by death or imprisonment for a
term exceeding I year.
lIsmutoovs MAMMAL?The term "haz-
ardous material" has the meaning such term
has under section 103 of the Hazardous Ma-
terials Transportation Act.
? (12) Seams MIMIC VOLMON.?The term
"serious traffic violation" means?
(A) excessive speeding, as defined by the
Secretary by regulation:
(R) reckless driving, as defined under
State or local law:
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October 17, 1986
CONGRESSIONAL RECORD ? HOUSE H 11275
ICS a violation of a State or local law re-
lating to motorvehicle traffic control (other
than a parking violation) arising in connec-
tion with- a fatal traffic accident; and-
WI any other similar violation of a State
or local law relating to motor vehicle traffic
control (other Ikon a parking violation)
which the Secretary ?determines by regula-
tion is serious.
1131 SeataTART.?The term "Secretary"
means the Secretary of Tern.rportation.
UV STATE?Ths term "State" means a
Steno! the United States and the District of
Columbia.
(15) Maria ms?The term "United
States" means Use 50 States and the District
of Columbia.
1771S 2111?CTANIDS WRONGFUL USE
SSC am sTuor AND REPORT
(al Slone?The Administrator of the En-
vironmental Protection Agency Mall con-
duct a study of the manufacturing and dis-
tribution process of cyanide teeth a view to
determinerg 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) MATzene To De bezuresa?Such study
shall include, among other matters, the fel-
It) a determination ? of the sources of cya-
nide, including the name and Janet& of
each nunatfacturar thereof;
(2) an evaluation of the means toed meth-
ods utilised by the manufacturer and others-
in the distributtos of cyanide; including Use
name and location of each such distributor:
TV an evaluation of Use procedures em-
ployed in connection with the selling, at the
wholesale and retail level, of cyanide. *se-
cluding a determination as to whether or
not persons selling cyanide rendre the in-
tended purchaser to identify himself or her-
self:
(4) a determination as to the extent to
which recortiketwing requirements are im-
pose on. or .carried out by, manufacturers
if cyanide with respect to the specificationa
of each lot of cyanide produced by such
manufactures:
(5) a determination as to the fear/betty
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 ageneiee;
flit a consideration. and review of all as-
pects of the matter of interstate versus intra-
state to the extent that U involves the. mann-
/echoing, distribution or use of cyanide:
(74/ a determination as to the feasibility
and desirability of requiring manufacturers
of cyanide to color all such cyanide with a
disesteem 'color so that the consuming
public can mons readily identify products
laced with cyanide
fe) a determtnation as to the feasibility
and desirability of repairing limited-access
storage for cyanide at entverrities, laborato-
ries. and other institutions that use cyanide
far research orotherporposec and
(9) a determination as to the feasibility
mud desirability of issuing regulations tore-
quire any person who sells or otherwise
transfers, at a retail level, any cyanide to
record such sale or transfer, includtag the
identity of Use person purchasing or other-
wise receiving such cyanide, the address of
such person, and the intended use of such
cyanide. Such records Mall. be available for
suck use, and retained for such period, as
the aforementioned Administrator shall by
regulation require
(c) RsPoer ?On or before the expiration of
the 180-day period following UM date of the
enactment of this section, the Administrator
of the Environmental Protection Agency
shall report the results of such study to the
Congress, together MA his or her recom-
mendations with respect thereto.
(t) DEFINITTONS.?As used in this section.
Pi, term?
(1) "person" means any individual. corpo-
ration. partnership, or other entity; and
(E) "cyanide" means sodium cyanide. Po-
tassium cyanide or any other toxic cyanide
compound.
le) Aurensasianon?There are authorised
to be appropriated such nom as may be nec-
essary to carry out the provisions of this sec-
tion.
TITLE 17Y?SEN47T POLICY REGARDING
FUNDING
see NHL STAIZIONT OP POLICY..
(a) The Senate finds thet?
a) there is an urgent critical need for
funds to carry out the programs and activi-
ties authorised by the preceding provisions
of this Act in order to ensure a drug free
America;
t21 this Act is the result of a bipartisan
effort to combat our national drug abuse
problem: and
(3) only Use exceptional nature of the drug
abuse problem warrants the expenditure of
funds in excess of otherwise applicable
budget liesetations.
Os) Therefore t-is the senor of the Senate
that-
41) amounts authorised to carry out the
preeedeag provisions of this Act should be
provided as aro budget authority for fiscal
year 1.987 in ILL ken. MOM COWIN', 2d
Session); and
(2) suck amounts should 71111i be provided
through transfers from, or reducttcnu in.
any amount uppropriated by such joint res-
olution for any other program. Protect. or
activity for suck/lam/ year.
7277,11P?NA,TIONAL FOREST STS7711 DRUG
CONTROL
SIC nen 81011TITTLe
Thts Mk -may be cited as the "National
Forest System Dreg Caning Act of 19.86".
SIC ism MOO=
(a) The purpose of this title is to authorise
the Secretary of Agriculture (hereinafter in
this Otte referred to as the 'Secretary") to
take actions necessary, in commotion with
the administrator' 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
sow way the law enforcement authority of
the Forest Service
le.) As used in this title, the terms "mans-
facture" "dispense", and "distribute" shall
hove Us; same meaning given such terms in
section 102 of the Controlled Substances Act
(21 802), '
See Met POSTAIS
For theuterposes f this title, if specifically
designated by"the Secretary and specially
trained, not to exceed 500 officers and em-
ploy of the Forest Service when in the
performance of their duties shall have au-
thorny **thin The boundaries of the Nation-
al Forest System to?
w carry /hearing
121 conduct investigations of violations of
and odium'section 401 of Controlled Sub-
stances. Act (27 U.S.0 841) and other crimi-
nal *dation* -Meese to marijuana and
other controlled substances that are mans
factored, *attributed, or dispensed on Na-
tional tome Slats= lands:
(V melee 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 em-
ployee has probable cause to believe are
'being committed in Ms presence or view, or
for a. felony Una 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;
.(41 serve warrants and other process
issued by a court .or officer of competent ju-
risdiction;
(5) search with or without warrant or
process any person. p/ace, or conveyance ac-
cording to Federal law or rule of law: and
(I) seize with or without warrant or proc-
ess any evidentiary item according to Feder-
al law or rule of law.
Mmes. cootweillOn
For the purposes of this title. in exercising
the authority provided by section 15003?
I1) the Forest Service shall cooperate with
any other Federal IMO -enforcement agency
having primary investigative jurisdiction
over Use offense committed: and
(II the Secretarymay authorize the Forest
Service to cooperate with the law enforce-
ment officiate 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.0 841), ?thorn= and regulations relat-
ing to marijuana and other controlled sub-
stance& and Statedrug control laws or ordi-
nances, within the boundaries of the Na-
tional Forest System.
See uses. PeNALTE
Section 401 of the Controlled Substances
Act (21 U.S.0 841) is amended by adding at
the end thereof the following subsection:
le)(14 Arty WPM who assembles, main-
tains. placer, or causes to be placed a booby-
trap on Federal property where a controlled
,substance is being manufactured, distribut-
ed, 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.
'72) If any pawn commits such a viola-
tion after/ or more prior convictions loran
offense punishable under this subsection,
such person Mail be sentenced to a term of
imprisonment .of not more than 20 years
and shall be fined not more than $20,000.
"(3) For Use purposes of this subsection,
the terns lezobytrap' 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, ammu-
nition, or ecologies .devices attached to trip
wires or other triggeringmechantsms, sharp-
ened stakes, and lines or wee: with hooks
attached.".
SIC usecalf7710111ZATION OF APPROPRIATIONS
There is authorised to be appropriated
10,000,000 for each fiscal year to carry out
this title.
SSC RIM APPROVAL OF SECRITTARY OF ACRICYL.
TEM AND ATTORNEY GAMMA&
The authorities conferred herein shall be
exercised pursuant to an agreement ap-
praised by the Secretary if Agriculture and
the AttorneyGeneraL
The text of House Concurrent Reso-
lution 415, considered as having been
adopted pursuant to the, text of House
Resolution .59'Z, is at follows:
H. Coy Rea. 415
Resolved by the Rouse of Representatives
(the Senate concurring). That, in the enroll-
ment of the bill (H.R. 5484) to strengthen
Federal efforts to encourage foreign coop-
eration in eradicating illicit drug crops and
In halting international drug traffic, to im-
prove enforcement of Federal drug laws and
enhance interdiction of illicit drug ship-
ments, to provide strong Federal 'leadership
In establishing effective drug abuse preves
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H 11276
CONGRESSIONAL RECORD ? HOUSE ? October 17, 1986
tion and education programs, to expand
Federal support for drug abuse treatment
and rehabilitation efforts, and for other
Purposes, the Clerk of the House of Repre-
sentatives shall make the following modifi-
cations:
-
At the end of title I. insert the following
(and insert the appropriate item in the orga-
nization table contained in section 2):
Subtitle V?Death Penalty for Certain
Offenses
SEC. ISM. DEATH PENALTY FOR CERTAIN CONTINU-
ING CRIMINAL ENTERPRISE DRUG OF.
FENS
(a) Emu:ere or Orrzzaz.--Section 408(a)
of the Controlled Substances Act (21 U.S.C.
848(a)) is amended?
(1) by striking out "(a) Any" and inserting
"( &XI) Except as otherwise provided in this
section, any" in lieu thereof;
(2) by striking out"; except that if" and
Inserting ". If" in lieu thereof; and
(3) by adding at the end the following:
"(2) If an individual intentionally engages in
conduct during the course of a continuing
criminal enterprise and thereby knowingly
causes the death of any other individual.
the individual so engaging shall be subject
to the death penalty in accordance with this
section.".
(b) PROCEDURI APIMICASIN Wrrn R.zarzer
TO nix MATE PZNALTY.?Section 408 of the
Controlled Substances Act is amended by
adding at the end the following:
"NEARING REQUIRED WITH RESPECT TO Tim-
DEATH PENALTY
"(f) A person shall be subjected to the
penalty of death for any offense under this
section only if ? hearing is held in accord-
ance with this section.
"NOTICIC ST TIM GOVIRINICENT IN DEATH
MALTY CAM
"(gX1) Whenever the Government intends
to seek the death penalty for an offense
under this section for which one of the sen-
tences provided is death, the attorney for
the Government, a reasonable time before
trial or acceptance by the court of a plea of
guilty, shall sign and file with the court,
and serve upon the defendant, a notice?
"(A) that the Government in the event of
conviction will seek the sentence of death;
and
"(B) setting forth the aggravating factors
which the Government will seek to prove as
the basis for the death penalty.
-(2) The court may permit the attorney
for the Government to amend this notice
for good cause shown.
"NEARING REPO= COURT OR JURY
"(hX1) When the attorney for the Gov-
ernment has filed a notice as required under
subsection (f) and the defendant is found
guilty of or pleads guilty to an offense
under subsection (aX2), the Judge who pre-
sided at the trial or before whom the guilty
plea was entered, or any other judge if the
judge who presided at the trial or before
whom the guilty plea was entered is unavail-
able, shall conduct a separate sentencing
hearing to determine the punishment to be
Imposed. The hearing shall be conducted-
-(A) before the jury which determined
the defendant's guilt;
"(B) before a jury impaneled for the pur-
pose of the hearing if?
"CD the defendant was convicted upon a
plea of guilty:
"(ii) the defendant was convicted after a
trial before the court sitting without a jury;
"MD the jury which determined the de-
fendant's guilt has been discharged for good
cause; OF
"(iv) after initial imposition of a sentence
under this section. -redetermination of the
sentence under this section is necessary; or
"(C) before the court alone, upon the
motion of the defendant and with the ap-
proval of the Government.
"(2) A jury impaneled pursuant to para-
graph (1XB) shall consist of 12 members,
unless, at any time before the conclusion of
the hearing, the parties stipulate with the
approval of the court that it shall consist of
any number less than 12.
"P100? or AGGRAVATING AND MITIGATING ?
FACTORS ?
"(I) Notwithstanding rule 32(c) of the Fed-
eral Rules of Criminal Procedure, when a
defendant is found guilty of or pleads guilty
to an offense under subsection (aX2), no
presentence report shall be prepared. In the
sentencing hearing, Information may be pre-
sented as to any matter relevant to the sen-
tence and shall Include matters relating to
any of the aggravating or mitigating factors
set forth in subsections (1) and (m), or any
other mitigating factor. Where information
is presented relating to any of the aggravat-
ing factors set forth in subsection (in), infor-
mation may be presented relating to any
other aggravating factor. Information pre-
sented may include the trial transcript and
exhibits if the hearing is held before a jury
or Judge not present during the trial. Any
other information relevant to such mitigat-
ing or aggravating factors may be presented
by either the Government or the defendant,
regardless of its admissibility under the
rules governing admiesion of evidence at
criminal trials, except that information may
be excluded if its probative value is substan-
tially outweighed by the danger of unfair
prejudice, confusion of the issues, or mis-
leading the jury. The Government and the
defendant shall be permitted to rebut any
information received at the hearing and
shall be given fair opportunity to present
argument as to the adequacy of the infor-
mation to establish the existence of any of
the aggravating or mitigating factors, and as
to appropriateness in that case of imposing
a sentence of death. The Government shall
open the argument The defendant shall be
permitted to reply. The Government shall
then be permitted to reply in rebuttal. The
burden of establishing the existence of any
aggravating factor is on the Government,
and is not satisfied unless established
beyond a reasonable doubt The burden of
establishing the existence of any mitigating
factor is on the defendant, and is not satis-
fied unless established by a preponderance
of the information.
"IZMIR OF FMB=
"(j) The jury, or if there is no jury, the
court, shall consider all the information re-
ceived during the hearing. It shall return
special findings identifying any mitigating
factors, and any aggravating factors set
forth in subsection (m). found to exist. If
one of the aggravating factors set forth in
subsection (mX1) and another of the aura-
vating factors set forth in subsection (in) is
found to exist, a special finding identifying
any other aggravating factor -may be re-
turned. A finding of any aggravating or
mitigating factor by a jury shall be made by
unanimous vote. If an aggravating factor set
forth In subsection (mX1) is not. found to
exist or an aggravating factor set forth in
subsection (mX1) is found to exist but no
other aggravating factor set forth in subsec-
tion (in) is found to exist, the court shall
? Impose a sentence, other than death, au-
thorized by law. If an aggravating factor set
forth in subparagraph (mX1) and one or
more of the other aggravating factors set
forth in subsection (m) are found to exist.
the jury, or if there is no jury, the court,
shall consider whether the aggravating .fac-
tors found to exist sufficiently outweigh any
mitigating factor or factors found to exist,
?
or in the absence of mitigating factors,
whether the aggravating factors are them-
selves sufficient to justify a sentence of
death. Based upon this consideration. the
jury by unanimous vote, or if there is no
jury, the court, shall return a finding as to
whether a sentence of death is Justified.
"IMPOSITION OF SICNTINCK
"(k) Upon a finding that a sentence of
death is justified, the court shall sentence
the defendant to death. Otherwise the court
shall impose a sentence, other than death,
authorized by law.
"zernaarniro new=
"(1) In determining whether a sentence of
death is to be imposed on a defendant, the
following mitigating factors shall be consid-
ered but are not exclusive:
"(1) The defendant was less than 18 years
of age at the time of the crime.
"(2) The defendant's capacity to appreci-
ate the wrongfulness of the defendant's con-
duct or to conform the defendant's conduct
to the requirements of law was significantly
Impaired, but not so impaired as to consti-
tute a defense to the charge.
"(3) The defendant was under unusual
and substantial duress, although not such
duress as constitutes a defense to the
charge.
"(4) The defendant is punishable as a
principal (as defined in section 2(a) of title
18 of the United States Code) in the of-
fense. which was committed by another, but
the defendant's participaton was relatively
minor, although not so minor as to consti-
tute a defense to the charge.
"(5) The defendant could not reasonably
have foreseen that the defendant's conduct
In the course of the commission of the of-
fense resulting in death for which the de-
fendant was convicted, would cause, or
would create a grave risk of causing, death
to any person.
"AGGRAVATING /ACTORS
"(in) If the defendant is found guilty of or
pleads guilty to an offense under subsection
(aX2), the following aggravating factors
shall be considered but are not exclusive:
"(1) The defendant?
"(A) Intentionally killed the victim;
"(B) intentionally inflicted serious bodily
Injury which resulted in the death of the
victim; or
"(C) intentionally engaged in conduct in-
tending that the victim be killed or that
lethal force be employed against the victim,
which resulted in the death of the victim.
"(2) The defendant has been convicted of
? another Federal offense, or a State offense
resulting in the death of a person, for which
a sentence of life imprisonment or a sen-
tence of death was authorized by statute.
"(3) The defendant has previously been
convicted of two or more State or Federal
offenses punishable by a -term of imprison-
ment of more than one year, committed on
different occasions, involving the infliction
of. or attempted infliction of. serious bodily
Injury upon another person.
"(4) The defendant has previously been
convicted of two or more State or Federal
offenses punishable by a term of imprison-
ment of more than one year. committed on
different occasions.- involving the distribu-
tion of a controlled substance.
"(5) In the commission of the _offense or in
meaning apprehension for a violation of
subsection (1X1). the defendant knowingly
created a grave risk of death to one or more
persons in addition to the victim of the of-
fense.
"(6) The violation of this chapter in rela-
tion to which the conduct described in sub-
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October 17, 1988
CONGRESSIONAL. RECORD ? HOUSE II /1277
section (631.2) occurred was. a. violation Of.
section 405.
'17) The defendant committed the offense
in us especially heinous. cruel. or depraved
MIN=
"48) The defendant procured the commie-
*ion of the aliens by Monne or Promise
of payment. of anything. of pecuniary value.
"(9) The defendant committed the offense
as consideration for the receipt. or in the
enoectation of the reeein. of anything of
pecuniary ague.
"i1.0). The defendant committed the of-
fense against a. judge a law-enforcement of-
ficer. or an. employer of a. penal or correc-
tional institution, while the victim was per-
forming official duties or because of that
victim's status as a public servant of the
United Stators ow eState or polities:1; subdivi-
sion of the United Santee For MIMS& of
this paragraph the terns law-esionement
officer' means a public servant authorised
by law to conduct. or engage in the proven.
tion. investigation. or prosecution of an. of-
"martmcnon TO HIRT ON RIGHT OP TEL as
FIRM= TO JIISTTCP WITHOUT- DISCRIXIIIR-
TOM
"trig In enir hearing held before a jury
under this sectiom the court dant instruet.
Unitary that inmt. cmanderatiers of whether
the sentence of death Is jputlhhdIi 'balk not
consider the race, color, national origin.
creed or sex of the defendant. Thar Airy
shall return to the court ar certificate signed
bp each juror that consideration of race,
anon national engin creed. or sew of the
defendant was not. involved in reaching ble
or her individual deletion..
"Weirancras nr meths cans ne Imam
Damn IwlatIT RD NOP swear-oar WPM=
"( If a person is convicted for an offense
under sebnetters (a)4.23. and the' court dose.
not impose the? penalty oil death, the court
may haute a. sentence. of life. imprisonment,
without the. possibility of parole.".
nIPPRAI; Iii 05P1Z5L CAM& ?
lb. any case in which, the sentence.
of death is. Imposed under this section. the
sentence at death shalt be' subject to review
by the court of appeals upon appeal br the
defendant. Nonce at appeal. must. be filed
within the than preseribed for appeal of
judgment in section 2107 of title 2$ of. the
United. States Code. An, appeal under this
section may be consolidated' with all appeal
of the judgment of conviction. Such review.
shalt Fame priority overall other cane.
"*21Cm review of the sentence: the court
of appeals shall ensider the record the eTh
dence submitted during that trial!. the Infor-
mation submittted during the sentencing
hearing the procedurar employed in the
sentencing hearing. and the special findings
returned under this section.
"43)- The court shall affirm the sentence if
it determines that?
"(A) the sentence of death. was not inre,
posed under the Influence of passion; Maid-
ciao. or mar otherarbitrarr fleet= and
"Off Mar information support, the societal
itodbig of the eacisience of every aggrawat-
Ina factor upon' which the sentssice was
band together with the failure to' find ad-
? fiend mitigating factent se set forth or al-
lowed thiesectIon.
In all other eases the court shall remand
the came for reconsideration under this see
tion. The court of appeals shall state in
writing the reasons-for It disposition of the
renew of the sentence-.
may have S legislative days in which to
revise and extend their remarks
during the debate on Houe Resolution
597, the resolution, agreed to earlier
today.
The SPEATCREt pro tempore.. Is
there objection to the reguest of the
gentleman from Florida?
There was no objectkin.
GENERAL LEAVE
Mr. PEPPER. Mr.. Speaker. I ask.
unanimous consent that all. Members
AUTHORIZING MEMORIAL TO
HONOR COURAGEOUS SLAVES
AND FREE BLACK. PERSONS OF
PAST HISTORY
Ms. OAKAR. Mr. Speaker. I ask.
uzumimoua consent to take from the
Speaker's table the House joint resolu-
tion. Gra. Rm.. L421 authorizing estab-
lishment of a memorial to honor the
estimated 5.000 courageous slaves and
free black persons who served as sol-
diers and sailors or provided civilian
assistanee during the American Revo-
lution and to honor the countless
black men % women, and children who
ran away from slavery or filed petiL
tions with courts and legislatures seek-
ing their freedom with Senate amend-
ments thereto and concur in the
Senate amendments.
The Clerk read the Senate amend-
ments. as follows:
Strike main/ after the noosing acme and
Insert
aerminainnitr or 10310fnet
Senior I'. The Binh Revolutionary War
Patriots Pennant:fon ir authorised to estab-
lish a memorial on Federal land in the Dis-
trict of Columbia and ha envIromr to honor
the enthuses* five. thousand courageous
slayer and free black persona who served. as
soldiers and sailors or provided dvinan as
sistance airing the HHIPTICRIC Revolution
and kr honor the countless black men.
women, and children win ran ancr from
slavery or filed petitions with courts and
legislatures sienna their freedom Such me.
meal shall, be established in ageordenee
witis the provisions. of H.L 4378. or ap-
proved by the House of Reltromnintlres an
September 291.19114.
? rennet
Sim 2 The Mach Revolutionary War Pr
trine Foundation shall' establish the memo-
rial with non-Federal funds.
Amend the titre so as to. read.. "Taint
resolution to authorize the erection. of
g memorial on. Federal land. in the Dis-
trict of COrumbia and its environa to
honor the estimated 5.000 courageous
slaves. and free black persons. who
served as soldiers, and sailors or provid,
ed civilian. assistance during the Amer-
ica!? Revolution and to. honor the
countless black men, women, and chil-
dren who ran away from slavery or
filed petitions with. courts and legiala-
tures seeking their freedom."
Ms. ?AZAR Cdhring, the reading?.
Mr. Speaker. rut unanimous. consent
that the Senate amendment be consid-
ered as read and printed in the
Rectum.
The. SPEAKER pro tempore. Is
there objection to the request of the
gentlewoman. from Ohio?
There was. no objection.
The SPEAKER pro tempore. Is
there objection to the initial request
of the gentlewoman from Ohio?
Mn. FRENZEL. Reserving the right
te object. Mr. Speaker. I. yield to the
distinguished gentlewoman from. Ohio
(Ms. CoassitI to explain the joint reso-
lution.
Ms. OAJCAR. Mr. Speaker. House
Joint Resolution 142 originally passed
unanimoualy (408-0) in the House on
Renumber 0, 1985. On October 17,
1988. House &tint Resolution 142.
passed in the other body, or amended.
Mr. Speaker, as early as 1852. blacks
were fighting as members of the mill-
in colonial America; thus, begin-
ning their history; Of achievement and
heroism. Yet history books in Ameri-
can 'schools hase for the most part
omitted the contributions of black sol-
diers. This memorial to these black pa-
triots is but a small tribute to their
bravery and valor.
t) 1245
Mr. Sneaker. 3 would like to thank
myy. colleagues Congresswoman NANCY
JCanisorr and Congressmao Cm/Lazne
Ramat, for introducing- this important
legisiatiOn. I would also like to thank
my distinguished colleague from Ten-
nessee. Senator Atezirr (Ioak who in-
troduced the Senate version of the
bill, Senate.lbint Resolution 143..
Kr Speaker, the reason we are
taking, this up again br we want a clear
bill, we db not want it attached to any
continuing resolutiom and so forth.
So, Mr. Meeker: I urge adoption of
this legislatimb as amended' by the
other body.
Mn. FRENZEL. Mn. Speaker, further
reserving the right to object. I yield to
the. distinguished gentlewoman from
Cbnnecticut (Mk Xonersool, who is
the. original chief and effective author
of this resolution.
Mrs. JOHNSON.! thank the gentle-
man for
Mr.. Speaker. I. rise, in strong support
'of this resolution. I want to thank. the
distinguished gentlewoman from Ohio,
Representative ?AKAR. and the distin-
guished gentleman from Minnesota.
Mr. Fasezzi. for their perseverance in
bringing this. resolution to us, in this
clean and indiependent form. Their
help and assistance throughout the
months that we have worked to bring
this to the House floor have been ad.
mirable and invaluable, as has the as-
sistance of Congressman Rsocom. and
. our colleague. Senator Goaz, in. the
other body.
Ido want to say that today's action
has the effect of bringing to comple-
tion. a. vision on the part of an Individ-
ual' citizen in our democracy. It there-
by affirms. the fundamental and most
Important aspect of democracy. ? the
representative relationship between vi-
sionary citizen. and elected, representa-
tive. Ours is truly government by the
people and for the people.
So I want to acknowledge the hard
work of Maurice Barbosa, one of my
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11278
CONGRESSIONAL RECORD ? HOUSE October 17, 1986
constituents, who originally envisioned
this monument. Maurice understands
from his own experience the price that
we are paying as a Nation for our lack
of understanding that our freedom
originated through the valor, the cour-
age, the side-by-side commitment of
black Americans and white Americans.
Together they fought in the Revolu-
tionary War to found a free nation, a
nation in which each is equal to the
other and in which there is equal jus-
tice and equal opportunity for all.
This monument will recognize the con-
text of black Americans and so our
multiracial founding.
Mr. Speaker. I thank the chairman
and I thank the committee for its fine
leadership.
Mr. FRENZEL. Mr. Speaker, further
reserving the right to object, I yield to
the distinguished author of the bill,
the gentleman from New York (Mr.
RANOZO.
Mr. RANGEL. I thank the gentle-
man for yielding and thank the chair-
woman and also Mrs. JOKOSON 1112d all
who have made this dream come true.
Most of us in this great Nation of
ours are restricted as to what we know
based on what has been in certain his-
tory books and excluded from others.
But black Americans have always
taken pride that there has not been a-
battle that they have not participated
In, there has not been a war that they
have not volunteered for, and certain-
ly when we talk about the struggle
that made this Nation great, unfortu-
nately history has not recorded it. In
my opinion, what this great Congress
Is doing is trying to correct that wrong
by haying a monument so that all of
our children, black or white, Jew or
? gentile, will recognize that it took
people from all parts of the world to
come here to make this Nation free,
great, and what is is today.
Mr. FRENZEL. Further reserving
the right to object, I yield to the dis-
tinguished gentleman from Missouri.
Mr. SKELTON. I thank the gentle-
man for yielding.
Mr. Speaker, I wholeheartedly sup-
port this effort. I support this founda-
tion and the memorial to which you
are referring today. It is not just the
black American in the Revolutionary
War that this will reflect upon.
People, regardless of race, creed or
color down through .the _years have
made great contributions to our mili-
tary.
Being on the Committee on Armed
Services today and seeing that of our
Nation in the various military posts
that I do visit from time to time re-
fleets the same patriotic fervor that
will be recognized here in this memori-
al.
I compliment the authors on this
legislation. -
Mr. FRENZEL. Mr. Speaker, I with-
draw my reservation of objection.
The SPEAKER pro tempore (Mr.
Kmazz). Is there objection to the re-
quest of the gentlewoman from Ohio?
There was no objection.
A motion to reconsider was laid on
the table.
GENERAL LEAVE
Ms. OAKAR. Mr. Speaker, I ask
unanimous consent that all Members
may have 5 legislative days in which to
revise and extend their remarks on the
legislation just adopted.
The SPEAKER pro tempore. is
there objection to the request of the
gentlewoman from Ohio?
There was no objection.
AUTHORIZING ESTABLISHMENT
OF MEMORIAL TO HONOR
WOMEN WHO HAVE SERVED IN
OR WITH THE ARMED FORCES
Ms. OAKAR. Mr. Speaker. I ask
unanimous consent to take from the
Speaker's table the joint resolution
(H.J. Res. 36) authorizing establishing
of a memorial to honor women who
have served in or with the Armed
Forces of the United States, with
Senate amendments thereto, and
concur in the Senate amendments.
The Clerk read the title of the joint
resolution.
The Clerk read the Senate amend-
ments as follows:
Strike out all after the resolving clause
and insert:
AOTROIZZATIOX Or 110311021A1.
Sacrum 1. The Women in Military Service
for America Memorial Foundation is au-
thorised to establish a memorial on Federal
land in the District of Columbia and its en-
virons to honor women who have served in
the Armed Forces of the United States.
Such memorial shall be established in ac-
cordance with the provisions of H.R. 4378.
as approved by the House of Representa-
tives on September 29. 1988.
roma=
Sic. 2. The Women in Military Service for
America Memorial Foundation shall estab-
,lish the memorial with non-Federal funds.
Amend the title so as to read: "Joint reso-
lution to authorise the establishment of a
memorial on Federal land in the District of
Columbia and its environs to honor women
who have served la the Armed Forces of the
United States.".
Ma. OAKAR (during the reading).
Mr. Speaker, I ask unanimous consent
that the- Senate amendments, be con-
sidered as read and printed in the
Rzcoan.
The SPEAKER pro tempore. Is
there objection to the request of the
gentlewoman from Ohio?
Mr. FRENZEL. Reserving the right
to object, I yield to the gentlewoman
from Ohio Ms. ?AKAR], chairwoman
of the Task Force on Libraries and
Memorials of the Committee on House
Administration for an explanation.
Ms. OAKAR. I thank the gentleman
for yielding.
Mr. Speaker, this bill originally
passed the House unanimously about a
year ago as well. Just yesterday it fi-
nally passed the other body as a clean
bill.
Mr. Speaker, since the American
Revolution women have served with
distinction and honor. The official his-
tory of women in the U.S. Armed
Forces began with the formation of
the Army Nurse Corps in 1901. Thou-
sands of women have served in the
armed services in World War II, for
example about 340,000 served. We
have had many women who were pris-
oners of war as well. Yet, when you
look at the memorials in this town and
throughout the country, very seldom
if ever do you see a woman portrayed
as having served her country in the
Armed Forces.
We could go into the problems
women have had in terms of discrimi-
nation, and so on, at times in the mili-
tary, although I mutt say much of
that has been improved. But the fad
Is this is a way of showing that women
have meant an awful lot to preserve
the freedom of this country by their
great service to this country.
Currently there are approximately
1.4 million women veterans, and these
women have fulfilled the same won-
derful responsibilities with the same
competence displayed by military men.
So this resolution will specifically
provide a memorial to honor all
women who have served in the mili-
tary. I want to thank my distinguished
colleague on the Senate side, Senator
Mtrasowsst, for introductitig the com-
panion bill in .the other body. I really
want to thank all the veterans organi-
zations. It was very, very interesting to
me and really a lovely tribute to the
women that all the veterans organize-
- tions, the major veterans organiza-
tions came and not only testified but
endorsed this bill. They realized the
Importance that women have always
played in the military and will contin-
ue to play.
So, Mr. Speaker, I do urge adoption
of thts resolution as amended by the
other body.
I want to again thank my friend and
colleague from Minnesota, the gentle-
man from Minnesota (Mr. PagszeL)
the minority leader of our committee
for his tenacity in bringing this bill to
this point as well.
I truly appreciate the gentleman's
cooperation and the cooperation of
our staffs as well.
Mr. FRENZEL. Further reserving
the right to object, Mr. Speaker, I
concur in the statement of the distin-
guished gentlewoman from Ohio, but I
would like to remind all Members that
she was more modest than she should
have been, for she failed to note that
in addition to bringing the other me-
mortals to the floor, she is the chief
sponsor of this particular resolution,
House Joint Resolution 36. The reason
that it is before us is due largely to
her vigor and-effectiveness.
Mr. Speaker, I withdraw my reserva-
tion of objection.
The SPEAKER pro tempore. Is
there objection to the request of the
gentlewoman from Ohio?
There was no objection.
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[Attachment 2]
October 1.5, 1986
S 16526
CONGRESSIONAL RECORD ? SENATE
knew" after "while" in the first sentence in
paragraph 410).
DOLE AMENDMENT NOS. 3387
THROUGH 3396
(Ordered to lie on the table.)
Mr. DOLE submitted 10 amend-
ments intended to be proposed by him
to the motion to concur, with an
amendment, as modified, in the
amendment of the House to the
amendment of the Senate to the bill
H.R. 5484, supra, as follows:
Akonmargirr No. 3387
Strike out section 4111(a) and insert in
lieu thereof the following:
tai For the purpose of carrying out this
subtitle, there are authorized to be appro-
priated $100.000,000 for fiscal year 1987.
Mammon No. 3388
Strike out section 4219(a)(2) and
4216tb)(2).
AMINDMENT No. 3389
Strike out section 4229(c).
AMAINDIAINT No. 3390
Strike out section 4301(c) and insert in
lieu thereof the following: "(c) There is to
be authorised to be appropriated to carry
out programs under Part C of Title I of this
Act *10.000.000 for the fiscal year 1967.
AKERDMINT No. 3391
Strike out section 4227(b).
Aseentieszwr No. 3392
Strike out section 42111(b).
AISSINDMISIT No. 3393
Strike out section 4023.
Assiamassia No. 3394
Sec. . Subsection 505(c) of the Federal
Food. Drug. and Cosmetic Act (21 U.S.C.
355(c)) is amended by adding at the end
thereof the following no, ParsersPh:
(4) For the purposes of this section, ap-
prove means written notification to an ap-
plicant that a new drug meets all prerequi-
sites under this section for immediate intro-
duction into interstate commerce for com-
mercial ale. A notification authorizing the
introduction into interstate commerce for
commercial sale only after further condi-
tions under this section are met does not
constitute approwaL until such time as all
conditions are satisfied. For the purpose of
this subsection, a requirement that the ap-
plicant submit prior to the marketing of the
new drug labeling for a new drug that con-
forms with the terms of a notification is a
further condition the satisfaction of which
occurs only when such labeling is submitted
by the applicant and approved by the Secre-
Ammon= No. 3395
Section 1552(cX1XC) of the amendment is
amended by striking the proposed para-
graph (4) and inserting in lieu thereof the
following:
"(6) There are authorized to be appropri-
ated $230.000.000 for fiscal year 1967.
$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."
Strike out subsection (d) of section 3053 of
the amendment as modified.
Section 3401(cx 2) of the amendment is
amended in the quoted matter by striking
"such aircraft' and inserting -such air-
craft".
After the heading for subtitle R of title
III. insert the following:
SEC 3421. ADDITIONAL Tr.41P4 IPOR TIIE DEPART.
MENT OE
There are authorized to be appropriated
to the Department of Justice for fiscal year
1987, in addition to any other amounts au-
thorized to be appropriated to the Depart-
ment for such fiscal year. $7.000.000 for hel-
icopters with forward looking infrared radi-
ation detection devices for dile; interdiction
operations in Hawaii.
SUITT= I?FSDSRAL COMMUNICATIONS
Connission
Section 3451 of the amendment is amend-
ed?
(1) in the first sentence by striking "shall
revoke any license" and inserting "may
revoke any private operators license"; and
(2) in the second sentence by striking
"shall" and inserting "may".
After section 3451. add the following:
TITLE TV?DEMAND REDUCTION
Section 12003(4) of the amendment is
amended by striking "self-proposed" and in-
serting "self-propelled".
Section 12006(2) of the amendment is
amended by striking 'section 12005" and in-
serting "section 12004".
Section 12007 of the amendment is
amended?
(1) in subsection (axl) by striking "section
6 of this Act" and inserting "section 12006
of this title":
(2) by striking paragraph (8) of subsection
(a):
(3) in subsection (bX1) by striking "Act"
and inserting "title": and
(4) in subsection (bX5)(D) by striking "sec-
tion 1 of this Act" and inserting "section
12006 of this title'.
Section 12014 of the amendment is
amended by Inserting "and" after the semi-
colon In clause (2).
Strike out title 13 of the amendment.
In the table of contents of the amend-
inent. strike the items for title 9 and title
13.
Asnannatez No. 3396
Section 408 of the Controlled Substances
Act (21 U.S.C. ME, as amended by Subtitle
U of Title lot amendment No. 3275,51 modi-
fied, is further amended as follows.
On page 173, strike line 23 and insert in
lieu thereof the following:
"(2) The defendant has previously been
convicted of another"
SIMON AMENDMENT NOS. 3397
AND 3398
(Ordered to lie on the table.)
Mr. SIMON submitted two amend-
ments intended to be proposed by him
to the motion to concur, with an
amendment, as modified. In the
amendment of the House to the
amendment of the Senate to the bill.
H.R. 5484. supra, as follows:
Aarztancorr No, 3397
On page 177 of the amendment between
lines 4 and 5 insert the following:
"For the purposes of this act, the death
sentence shall not be Implemented by firing
squad. Authority shall not be available for
execution by firing squad until the state
provides for transfer of prisoners so sen-
tenced to a Jurisdiction where alternative
execution methods are available.
Asairozawr No. 3398
On page 177 of the amendment between
lines 4 and 5 insert the following:
"For the purposes of this act, the sentence
of death shall not be implemented by hang-
ing. Authority shall not be available for exe-
cutlon by hanging until the state authority
provides for transfer of prisoners so sen-
tenced to a Jurisdiction where alternative
execution methods are available.
DOLE ( AND DURENBERG ER )
AMENDMENT NO. 3399
(Ordered to lie on the table.)
Mr. DOLE (for himself and Mr.
DURENBERGER) submitted an amend-
ment intended to be proposed by them
to the motion to concur, with an
amendment. as modified, in the
amendment of the House to the
amendment of the Senate to the bill
H.R. 5484 supra: as follows:
Delete section 2016-of the amendment.
Mr. DOLE. Mr. President, the effect
of my amendment would be to delete
section 2016 of the Senate amend-
ment. This section pertains to intelli-
gence support to combating the drug
problem. In particular, this section
would have directed the Director of
Central Intelligence to make support
to anti-drug efforts a "Level One" pri-
ority in his national intelligence strat-
egy. This section would also have re-
quired the DCI to improve the collec-
tion of drug-related intelligence to the
level necessary to meet the reporting
requirements of section 481(e) of the
Foreign Assistance Act of 1961. which
requires drug production data for each
country which is a major producer of
illicit drugs.
In introducing this amendment. Mr.
President. I would like to engage my
colleague from Minnesota. Senator
Deszgazacin. the chairman of the
Select Committee on Intelligence. In a
short colloquy.
First. Mr. President. I would ask the
Senator from Minnesota to explain
the function of the national intelli-
gence strategy.
Mr. DURENBERGER. I am happy
to respond to the Senator from
Kansas.
The national Intelligence strategy is
a document the Director of Central In-
telligence provides to the Intelligence
Committees at the time he presents
his annual budget request. The strate-
gy outlines the DCI's vision for U.S.
Intelligence. That is, in the strategy
the DCI lists the missions that he has
assumed for the intelligence communi-
ty, the priority he assigns to each of
these missions, and his plan for carry-
ing them out.
Mr. DOLE. I would assume that
gathering intelligence that is neces-
sary to combat the importation of illic-
it drugs is one of these missions. Is
that correct?
Mr. DURENBERGER. Yes, indeed it
Is. Bill Casey specifically identified
combating the importation of narcot-
ics as one of his chief missions.
Mr. DOLE. As chairman of the
Select Committee on Intelligence,
what is your view of the priority as-
signed to this mission?
Mr. DURENBERGER. The DCI has
already assigned the syst.:,- neces-
sary to provide the intelligr. needed
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Ortober 15, 1986 CON
for combating the drug trade his high-
est priority. Of course, we cannot go
Into the details in open session, but
this information can be made available
to the Membcrs
Generally, though. the select com-
mittee has preferred not to give the
Director of Central Intelligence specif-
ic instructions on how to task national
Intelligence systems. The DCI is better
equipped to evaluate and staff the de-
tails of these operations, subject to
oversight by the intelligence commit-
tees and direction through their classi-
fied reports on the annual Intelligence
Authorization Act.
Mr. DOLE. This would not. I
assume, preclude the select committee
from seeing to it that the provisions of
section 481(e) of the Foreign Assist-
ance Act are carried out. Am I correct?
Mr. DURENBERGER. Yes. The
select committee fully expects the DCI
to meet these requirements. and that,
If these requirements are not being
met now, Mr. Casey will take the nec-
essary steps to ensure that they are in
the future. We believe, therefore, that
a specific directive Is not needed at
this time.
Mr. DOLE. I would thank my c01.
league from Minnesota for that clarifi-
cation and trust that the select com-
mittee will monitor this situation in
the future.
Mr. DURENBERGER. I am certain
the committee will actively oversee
this area of intelligence activities in
the future.
Mr. DOLE. Thank you.e3
GRESSIONAL RECORD ? SENATE S 16527
as modified. in the amendment of the
House to the amendment of the
Senate to the bill H.R. 5484, supra. as
follows:
Strike out
amendment.
DANFORTH AMENDMENT NO.
3400
(Ordered to lie on the table.)
Mr. DANFORTH submitted an
amendment intended to be proposed
by him to the motion to concur. with
an amendment, as modified. in the
amendment of the House to the
amendment of the Senate to the bill
H.R. 5484. supra, as follows:
In section 12004(a) of the amendment:
(1) strike "and" at the end of paragraph
nix
(2) strike the period at the end of para-
graph (10) and insert in lieu thereof a semi-
colon; and
(3) add immediately after paragraph (10)
the following:
(11) establish requirements for the dis-
qualification of any person operating a com-
mercial motor vehicle for a period of not
less than 60 days who, in a 3-year period, is
found to have committed two serious traffic
violations. involving a commercial motor ve-
hicle operated by such person; and
(12) establish requirements for the dis-
qualification of any person operating a com-
mercial motor vehicle for a period of not
less than 120 days who, in a 3-year period. is
found to have committed three serious traf-
fic violations involving a commercial motor
vehicle operated by such person.
DOLE AMENDMENT NO. 3401
(Ordered to lie on the table.)
Mr. DOLE submitted an amendment
Intended to be proposed by him to the
motion to concur, with an amendment.
subtitle U of title I of the
INTEREST ON OVERDUE
FEDERAL PAYMENTS
ROTH AMENDMENT NO. 3402
Mr. CHAFEE for Mr. Rom) pro-
posed an amendment to the bill (S.
2479) to amend chapter 39 of title 31.
United States Code. to require the
Federal Government to pay interest
on overdue payments, and for other
purposes. as follows:
On page 12. line 6. insert ". except section
3905 of this title." after -chapter".
On page 12. line 9. strike out -as" and all
that follows through "manual" on line 10.
On page 12. line 25. strike out "1988" and
Insert in lieu thereof "1989".
On page 13. line 14. strike out "and".
On page 13. line 16. strike out "15" and all
that follows through line 17, and insert in
lieu thereof "10 days after the date on
which such payment is made: and".
On page 13. between lines 17 and 18.
insert the followinr.
"(D) makes a written demand, not later
that 40 days after the date on which such
payment is made, that the agency pay such
a penalty,
On page 16. line 8. strike out "agency:"
and Insert in lieu thereof "agency for work
performed by the subcontractor under that
contract".
AUTHORIZATION OF APPRO-
PRIATIONS FOR CERTAIN
FISHERIES ACTIVITIES
DANFORTH AMENDMENT NO.
3403
Mr. CHAF'EE (for Mr. Daivrorrn)
proposed an amendment to the
amendments of the House to the bill
(S. 991) to provide authorization of ap-
propriations for certain fisheries ac-
tivities as follows:
In lieu of the matter proposed to be
serted by the House amendment to the text
of the bill. insert:
TITLE 1-FISHERIES CONSERVATION A.ND
MANAGEMENT
AVTI1()P.iTY REGARDING EXcLrsiVE Er('
Nordic ZuNE.?Titie I of the Act (16 U.S
1811-1813) e? amended to read as follows:
"TITLE I-UNITED STATES RIGHTS
AND AUTHORITY REGARDING FISH
AND FISHERY RESOURCES
"si:c Mi. UNITED FTATEs stivEREIc% iitcHT, 144
FIND AND FisIIERY M'.\ %GEMENT
-(a) Is THE Exctrszvz ECONDESIr ZQNL. -
Except as provided in section 102. the
United States claims, and will exercise In
the manner provided for in this Act, sovt r?
eign rights and exclusive fishery manage-
ment authority over all fish, and all Conti-
nental Shelf fishery resources, within the
exclusive economic zone.
-(b) BEYOND THZ EXCLCSIVE ECON014(C
Zons..-The United States claims, and will
exercise in the manner -provided for in this
Act, exclusive fishery management author-
ity over the following:
"(1) All anadromous species throughout
the migratory range of each such species
beyond the exclusive economic zone: except
that that management authority does not
extend to any such species during the time
they are found within any foreign nation's
territorial sea or exclusive economic zone
(or the equivalent), to the extent that that
sea or zone is recognized by the United
States.
"(2) All Continental Shelf fishery re-
sources beyond the exclusive economic zone.
"SEC. ma EXCLUSION FOR HIGHLY MIGRATORY
SPECIES.
"The sovereign rights and exclusive fish-
ery management authority asserted by the
United Statesunder section 101 over fish do
not include, and may not be construed to
extend to, highly migratory species of
fish.".
(C) CONTOIURING AMENDIEENTS.?The Act is
amended-
(1) by amending section 2-
(A) by amending paragraph (1) of subsec-
tion (b) to read as follows:
"U) to take immediate action to conserve
and manage the fishery resources found off
the coasts of the United States. and the
anadromous species and Continental Shelf
fishery resources of the United States. by
exercising (A) sovereign rights for the pur-
poses of exploring, exploiting, conserving.
and managing all fish except highly migra-
tory species, within the exclusive economic
zone established by Presidential Proclama.
tion 5030. dated March 10. 1983. and (B) ex-
clusive fishery management authorit y
beyond the exclusive economic zone over
such anadromous species and Continental
Shelf fishery resources:"; and
(B) by amending paragraph (5) of subsec-
tion (c) to read as follows:
"(5) to support and encourage active
United States efforts to obtain internation-
ally acceptable agreements which pro ti'.
for effective conservation and management
of fishery resources.";
(2) by striking out "fishery conservation
sone" each place it appears therein and in-
serting "exclusive economic zone"; and
(3) by amending the entry for title I in the
table of contents to read aa follows:
SEC. III. ENET'ED PRATES RIGHTP AND ACTHORITT
REGARDING FISH AND FISHERY RE-
SOURCES WITHIN THE LICLUSRE
ECONOMIC ZONE.
(11) Dsriarrzon or Exciouvs Economic
Zons.--Section 3 of the Magnuson Fishery
Conservation and Management Act (herein-
after in this title referred to as the "Act")
(16 U.S.0 1802) is amended-
(1) by striking out paragraph (8);
(2) by redesignating paragraphs (6) and
(7) U Paragraphs (7) and (8), respectively:
and
(3) by inserting immediately after para-
graph (5) the following new paragraph:
"(6) The term 'exclusive economic zone'
means the zone established by Proclamation
Numbered 5030. dated March 10, 1983. Por
purposes of applying this Act, the inner
boundary of that zone is a line coterminous
with the seaward boundary of each of the
coastal States.".
-TITLE I-UNITED STATES RIGHTS
AND AUTHORITY REGARDING FISH
AND FISHERY RESOURCES
"Sec. 101. United States sovereign rights to
fish and fishery management
authority.
"Sec. 102. Exclusion for highly migratory
species.".
SEC. lei FOREIGN FISHING PERMITS.
Section 204(b) of the Act (16 U.S.0
1824(b)) is amended-
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