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 100 STAT. 3207-153

42 USC 5081.

42 USC 5084.

20 USC 4665.

•}ab(

'

PUBLIC LAW 99-570—OCT. 27, 1986

ments, speakers bureau, public-private partnerships and technical assistance to nonprofit and for-profit organizations)."; (2) by amending subsection (c) of section 501 by adding at the end thereof the following new sentence: "In addition to the amounts authorized to be appropriated by the preceding sentence, there is authorized to be appropriated the aggregate sum of $5,500,000 for fiscal years 1987 and 1988 to be made available for drug abuse prevention."; and (3) by amending section 504 by adding at the end thereof the following new sentence: "In addition to the amounts authorized to be appropriated for the administration of this Act by the preceding sentence, there is authorized to be appropriated the aggregate sum of $500,000 for fiscal years 1987 and 1988 to be available for support of drug abuse prevention.". SEC. 4302. ESTABLISHMENT YOUTH.

OF

NATIONAL

TRUST

FOR

DRUG-FREE

(a) In order to encourage private gifts of real and personal property to assist the Secretary of Education in carrying out the national programs of drug abuse research, education, and prevention under subtitle B, there is hereby established a charitable, nonprofit, and nonpartisan corporation to be known as the National Trust for DrugFree Youth. (b) The National Trust for Drug-Free Youth (hereinafter in this section referred to as the "National Trust") shall be under the general direction of a Board of Directors. The overall priorities, policies, and goals of the National Trust shall be determined by the Board in consultation with the Secretary. The Board shall coordinate the activities of the National Trust for Drug-Free Youth with the Secretary. The Board shall be composed of three members appointed as follows: (1) one member shall be appointed by the President; (2) one member shall be appointed by the Speaker of the House of Representatives; and ' (3) one member shall be appointed by the Majority Leader of the Senate. (c) The National Trust shall have its principal office in the District of Columbia and for the purposes of venue in civil actions shall be considered an inhabitant and resident of the District. (d) The National Trust shall have the following general powers: (1) to have succession until dissolved by Act of Congress, in which event title to the properties of the National Trust, both '^ real and personal shall, insofar as consistent with existing contractual obligations and subject to all other legally enforceable claims or demands by or against the National Trust, pass to and become vested in the United States of America; (2) to adopt, alter, and use a corporate seal which shall be c. judicially noticed; (3) to sue and be sued, complain and defend in any court of V competent jurisdiction; (4) to adopt and establish such bylaws, rules, and regulations, not inconsistent with the laws of the United States or of any State, as the Board considers necessary for the administration '. of its functions, including among other matter, bylaws, rules, and regulations governing administration of corporate funds; (5) to accept, hold, and administer gifts and bequests of money, securities, or other personal property of whatsoever

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100 STAT. 3207-154

'

character, absolutely or on trust, for the purposes for which the National Trust is created; (6) to sell, exchange, or otherwise dispose of as it may determine from time to time the moneys, securities, or other gifts given or bequeathed to it; (7) to appoint and prescribe the duties of such officers, agents, and employees as may be necessary to carry out its functions, ' and to fix and pay such compensation to them for their services as the National Trust is created; and (8) to audit the financial records of the corporation. (e) The National Trust shall not have authority— (1) to issue shares or stock or declare or pay dividends; or (2) to loan funds to its officers or directors. (f) The Board shall submit an annual report and independent audit to the Congress and the President concerning the expenditure of funds under the National Trust. SEC. 4303. INFORMATION ON DRUG ABUSE AT THE WORKPLACE-

i •.

,

Reports, 21 USC 801 note.

(a) The Secretary of Labor shall collect such information as is available on the incidence of drug abuse in the workplace and efforts to assist workers, including counseling, rehabilitation and employee assistance programs. The Secretary shall conduct such additional research as is necessary to assess the impact and extent of drug abuse and remediation efforts. The Secretary shall submit the findings of such collection and research to the House Committee on Education and Labor and the Senate Committee on Labor and Human Services no later than two years from the date of enactment of this Act. (b) There is authorized to be appropriated the aggregate sum of $3,000,000 for fiscal years 1987 and 1988, to remain available until expended, to enable the Secretary of Labor to carry out the purposes of this section. SEC. 4304. INTERAGENCY COORDINATION.

(a) The Secretary of Education, the Secretary of Health and Human Services, and the Secretary of Labor shall each designate an officer or employee of the Departments of Education, Health and Human Services, and Labor, respectively, to coordinate interagency drug abuse prevention activities to prevent duplication of effort. (b) Within one year after enactment of this Act, a report shall be jointly submitted to the Congress by such Secretaries concerning the extent to which States and localities have been able to implement non-duplicative drug abuse prevention activities.

2i USC 801 note.

Reports,

TITLE V—UNITED STATES INSULAR AREAS AND NATIONAL PARKS Subtitle A—Programs in United States Insular Areas This subtitle may be cited as the "United States Insular Areas Drug Abuse Act of 1986".

United States Insular Areas Drug Abuse Act of 1986. 48 USC 1494 note.

SEC. 5002. PURPOSES.

48 USC 1494.

SEC. 5001. SHORT TITLE.

The purposes of this subtitle are to improve enforcement of drug laws and enhance interdiction of illicit drug shipments in the Caribbean and Pacific territories and commonwealths of the United

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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PUBLIC LAW 99-570—OCT. 27, 1986

States and to assist public and private sector drug abuse prevention and treatment programs in United States insular areas, 48 USC 1494a. President of U.S.

,3to«

48 USC 1494b.

\ *.'i-.'

SEC. 5003. ANNUAL REPORTS TO CONGRESS.

The President shall report annually to the Congress as to— (1) the efforts and success of Federal agencies in preventing the illegal entry into the United States of controlled substances from the insular areas of the United States outside the customs territory of the United States and states freely associated with the United States and the nature and extent of such illegal entry, and (2) the efforts and success of Federal agencies in preventing the illegal entry from other nations, including states freely associated with the United States, of controlled substances into ji;. the United States territories and the commonwealths for use in the territories and commonwealths or for transshipment to the United States and the nature and extent of such illegal entry and use. SEC. 5004. ENFORCEMENT AND ADMINISTRATION IN INSULAR AREAS. (a) AMERICAN SAMOA.—(1) With the approval of the Attorney

General of the United States or his designee, law enforcement officers of the Government of American Samoa are authorized to— (A) execute and serve warrants, subpoenas, and summons issued under the authority of the United States; (B) make arrests without warrant; and (C) make seizures of property to carry out the purposes of this subtitle, the Controlled Substances Import and Export Act (21 U.S.C. 951-970), and any other applicable narcotics laws of the United States. (2) The Attorney General and the Secretary of Health and Human Services of the United States are authorized to— (A) train law enforcement officers of the Government of American Samoa, and r-G (B) provide by purchase or lease law enforcement equipment and technical assistance to the Government of American Samoa to carry out the purposes of this subtitle and any other Federal or territorial drug abuse laws. (3) There are authorized to be appropriated $700,000 to carry out the purposes of this subsection, to remain available until expended. (b) GUAM.—(1) The Attorney General and the Secretary of Health and Human Services of the United States may provide technical assistance and equipment to the Government of Guam to carry out the purposes of this subtitle and any other Federal or territorial drug abuse law. (2) There are authorized to be appropriated $1,000,000 to carry out paragraph (1). Funds appropriated under this paragraph shall remain available until expended. (c) THE NORTHERN MARIANA ISLANDS.—(1) With the approval of the Attorney General of the United States or his designee, law enforcement officers of the Government of the Northern Mariana Islands are authorized to— (A) execute and serve warrants, subpoenas, and summons issued under the authority of the United States; (B) make arrests without warrant; and (C) make seizures of property to carry out the purposes of this , -. subtitle, the Controlled Substances Import and Export Act (21

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100 STAT. 3207-156

U.S.C. 951-970), and any other applicable narcotics laws of the United States. (2) The Attorney General of the United States and the Secretary of Health and Human Services, as appropriate, are authorized to— (A) train law enforcement officers of the Government of the Northern Mariana Islands, and (B) provide, by purchase or lease, law enforcement equipment and technical assistance to the Government of the Northern Mariana Islands to carry out the purposes of this subtitle and any other Federal or commonwealth drug abuse law. (3) There are authorized to be appropriated $250,000 to carry out the purposes of this subsection, to remain available until expended. (4) Federal personnel and equipment assigned to Guam pursuant to subsection (b) of this section shall also be available to carry out the purposes of this subtitle in the Northern Mariana Islands. (d) PUERTO RICO.—(1) There are authorized to be appropriated for grants to the Government of Puerto Rico— (A) $3,300,000 for the purchase of 2 helicopters; (B) $3,500,000 for the purchase of an aircraft; and (C) $1,000,000 for the purchase and maintenance of 5 highspeed vessels. Sums appropriated under this paragraph shall remain available until expended. (2) The United States Customs Service should station an aerostat in Puerto Rico. (3) Equipment provided to the Government of Puerto Rico pursuant to paragraph (1) of this subsection shall be made available upon request to the Federal agencies involved in drug interdiction in Puerto Rico. (4)(A) The Attorney General and the Secretary of Health and Human Services of the United States may provide technical assistance and equipment to the Government of Puerto Rico to carry out the purposes of this subtitle and any other Federal or commonwealth drug abuse law. (B) There are authorized to be appropriated such sums as may be necessary to carry out subparagraph (A). Funds appropriated under this subparagraph shall remain available until expended. (e) THE VIRGIN ISLANDS.—(1) There are authorized to be appropriated for grants to the Government of the Virgin Islands— (A) $3,000,000 for 2 patrol vessels, tracking equipment, supplies, and agents, and (B) $1,000,000 for programs to prevent and treat narcotics abuse, such sums to remain available until expended. (2) The United States Coast Guard should station a patrol vessel in St. Croix, Virgin Islands. (3)(A) The Attorney General and the Secretary of Health and Human Services of the United States may provide technical assistance and equipment to the Government of the United States Virgin Islands to carry out the purposes of this subtitle and any other Federal or territorial drug abuse law. (B) There are authorized to be appropriated such sums as may be necessary to carry out subparagraph (A). Funds appropriated under this subparagraph shall remain available until expended.

Subtitle B—National Park Service Program SEC. 5051. SHORT TITLE.

This subtitle may be cited as the "National Park Police Drug Enforcement Supplemental Authority Act".

Northern Mariana Islands.

Grants.

^'i)8T:j80S

Grants.

 * «H

National Park Police Drug Enforcement Supplemental Authority Act. 16 USC 1 note.

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 100 STAT. 3207-157 16 USC 1 note.

^1^ IJ^^,

Federal Employee Substance Abuse Education and Treatment Act of 1986. 5 USC 7301 note.

PUBLIC LAW 99-570—OCT. 27, 1986

SEC. 5052. NATIONAL PARK POLICE AUTHORIZATION.

In order to improve Federal law enforcement activities relating to the use of narcotics and prohibited substances in National Park System units there are made available to the Secretary of the Interior, in addition to sums made available under other authority of law, $1,000,000 for the fiscal year 1987, and for each fiscal year thereafter, to be used for the employment and training of additional Park Police, for equipment and facilities to be used by Park Police, and for expenses related to such employment, training, equipment, and facilities. TITLE VI—FEDERAL EMPLOYEE SUBSTANCE ABUSE EDUCATION AND TREATMENT SEC. 6001. SHORT TITLE.

>/;

i

r

^

. '

This title may be cited as the "Federal Employee Substance Abuse Education and Treatment Act of 1986". SEC. 6002. PROGRAMS TO PROVIDE PREVENTION, TREATMENT, AND REHABILITATION SERVICES TO FEDERAL EMPLOYEES WITH RESPECT TO DRUG AND ALCOHOL ABUSE.

(a) IN GENERAL.—(1) Chapter 73 of title 5, United States Code, is amended by adding at the end the following:

"SUBCHAPTER VI—DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM 5 USC 7361.

Reports.

5 USC 7362.

"§ 7361. Drug abuse "(a) The Office of Personnel Management shall be responsible for developing, in cooperation with the President, with the Secretary of Health and Human Services (acting through the National Institute on Drug Abuse), and with other agencies, and in accordance with applicable provisions of this subchapter, appropriate prevention, treatment, and rehabilitation programs and services for drug abuse among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of employees and to employees who have family members who are drug abusers. Such programs and services shall make optimal use of existing governmental facilities, services, and skills. "(b) Section 527 of the Public Health Service Act (42 U.S.C. 290ee-3), relating to confidentiality of records, and any regulations prescribed thereunder, shall apply with respect to records maintained for the purpose of carrying out this section. "(c) Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under section 7363 of this title. "(d) For the purpose of this section, the term 'agency' means an Executive agency. "§ 7362. Alcohol abuse and alcoholism "(a) The Office of Personnel Management shall be responsible for developing, in cooperation with the Secretary of Health and Human Services and with other agencies, and in accordance with applicable provisions of this subpart, appropriate prevention, treatment, and rehabilitation programs and services for alcohol abuse and alcohol-

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 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-158

ism among employees. Such agencies are encoursiged to extend, to the extent feasible, such programs and services to the families of alcoholic employees and to employees who have family members who are alcoholics. Such programs and services shall make optimal use of existing governmental facilities, services, and skills. "(b) Section 523 of the Public Health Service Act (42 U.S.C. 290dd-3), relating to confidentiality of records, and any regulations prescribed thereunder, shall apply with respect to records maintained for the purpose of carrying out this section. "(c) Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under section 7363 of this title. "(d) For the purpose of this section, the term 'agency' means an Executive agency. "§ 7363. Reports to Congress "(a) The Office of Personnel Management shall, within 6 months after the date of the enactment of the Federal Employee Substance Abuse Education and Treatment Act of 1986 and annually thereafter, submit to each House of Congress a report containing the matters described in subsection (b)"(b) Each report under this section shall include— "(1) a description of any programs or services provided under section 7361 or 7362 of this title, including the costs associated with each such program or service and the source and adequacy of any funding such program or service; "(2) a description of the levels of participation in each program and service provided under section 7361 or 7362 of this title, and the effectiveness of such programs and services; "(3) a description of the training and qualifications required of the personnel providing any program or service under section 7361 or 7362 of this title; "(4) a description of the training given to supervisory personnel in connection with recognizing the symptoms of drug or alcohol abuse and the procedures (including those relating to confidentiality) under which individuals are referred for treatment, rehabilitation, or other assistance; "(5) any recommendations for legislation considered appropriate by the Office and any proposed administrative actions; and "(6) information describing any other related activities under section 7904 of this title, and any other matter which the Office considers appropriate.". (2) The analysis for chapter 73 of title 5, United States Code, is amended by adding at the end the following: "SUBCHAPTER VI—DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOUSM "Sec. "7361. Drug abuse. "7362. Alcohol abuse and alcoholism. "7363. Reports to Congress.". (b) TECHNICAL AND CONFORMING AMENDMENTS.—

The Public

Health Service Act is amended— (1) in section 521 (42 U.S.C. 290dd-l)— (A) by striking out subsection (a); (B) by striking out "similar" in subsection (b)(D; and

,,,,,.

5 USC 7363.

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 100 STAT. 3207-159

PUBLIC LAW 99-570—OCT. 27, 1986

(C) by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; and (2) in section 525 (42 U.S.C. 290ee-l)— (A) by striking out subsection (a); (B) by striking out "similar" in subsection (b)(1); and '"» ' •' (C) by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively. 5 USC 7361 note.

H'>t.)a J

SEC. 6003. EDUCATIONAL PROGRAM FOR FEDERAL EMPLOYEES RELATING TO DRUG AND ALCOHOL ABUSE.

(a) ESTABLISHMENT.—The Director of the Office of Personnel Management shall, in consultation with the Secretary of Health and Human Services, establish a Government-wide education program, using seminars and such other methods as the Director considers appropriate, to carry out the purposes prescribed in subsection (b). (b) PURPOSES.—The program established under this section shall be designed to provide information to Federal Government employees with respect to— (1) the short-term and long-term health hazards associated with alcohol abuse and drug abuse; rtfti (2) the symptoms of alcohol abuse and drug abuse; (3) the availability of any prevention, treatment, or rehabilitation programs or services relating to alcohol abuse or drug abuse, whether provided by the Federal Government or otherwise; (4) confidentiality protections afforded in connection with any prevention, treatment, or rehabilitation programs or services; (5) any penalties provided under law or regulation, and any administrative action (permissive or mandatory), relating to the use of alcohol or drugs by a Federal Government employee or the failure to seek or receive appropriate treatment or rehabilitation services; and (6) any other matter which the Director considers appropriate. SEC. 6004. EMPLOYEE ASSISTANCE PROGRAMS RELATING TO DRUG ABUSE AND ALCOHOL ABUSE.

(a) IN GENERAL.—Chapter 79 of title 5, United States Code, is amended by adding at the end the following: 5 USC 7904.

"§ 7904. Employee assistance programs relating to drug abuse and alcohol abuse "(a) The head of each Executive agency shall, in a manner consistent with guidelines prescribed under subsection (b) of this section and applicable provisions of law, establish appropriate prevention, treatment, and rehabilitation programs and services for drug abuse and alcohol abuse for employees in or under such agency. "(b) The Office of Personnel Management shall, after such consultations as the Office considers appropriate, prescribe guidelines for programs and services under this section. "(c) The Secretary of Health and Human Services, on request of the head of an Executive agency, shall review any program or service provided under this section and shall submit comments and recommendations to the head of the agency concerned.". (b) CONFORMING AMENDMENT.—The analysis for chapter 79 of

title 5, United States Code, is amended by adding at the end the following: "7904. Employee assistance programs relating to drug abuse and alcohol abuse.".

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 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-160

SEC. 6005. SIBSTANCK ABUSE {: V E R A (E STUDY.

21 USC 801 note.

(a) STUDY.—The Secretary of Health and Human Services shall contract with the Institute of Medicine of the National Academy of Sciences to conduct a study of (1) the extent to which the cost of drug abuse treatment is covered by private insurance, public programs, and other sources of payment, and (2) the adequacy of such coverage for the rehabilitation of drug abusers. (b) REPORT.—Not later than one year after the date of the enactment of this Act the Secretary of Health and Human Services shall transmit to the Congress a report of the results of the study conducted under subsection (a). The report shall include recommendations of means to meet the needs identified in such study.

Contracts,

SEC. 6006. HEALTH INSURANCE COVERAGE FOR DRUG AND ALCOHOL TREATMENT.

21 USC 801 note.

(a) FINDINGS.—The Congress finds that— (1) drug and alcohol abuse are problems of grave concern and consequence in American society; (2) over 500,000 individuals are known heroin addicts; 5 million individuals use cocaine; and at least 7 million individuals regularly use prescription drugs, mostly addictive ones, without medical supervision; (3) 10 million adults and 3 million children and adolescents abuse alcohol, and an additional 30 to 40 million people are adversely affected because of close family ties to alcoholics; (4) the total cost of drug abuse to the Nation in 1983 was over $60,000,000,000; and (5) the vast majority of health benefits plans provide only limited coverage for treatment of drug and alcohol addiction, which is a fact that can discourage the abuser from seeking treatment or, if the abuser does seek treatment, can cause the treatment. (b) SENSE OF CONGRESS.—It is the sense of Congress that— (1) all employers providing health insurance policies should ensure that the policies provide adequate coverage for treatment of drug and alcohol addiction in recognition that the health consequences and costs for individuals and society can be as formidable as those resulting from other diseases and illnesses for which insurance coverage is much more adequate; and 10 fi (2) State insurance commissioners should encourage employers providing health benefits plans to ensure that the policies ear provide more adequate coverage for treatment of drug and alcohol addiction. TITLE VII—NATIONAL ANTIDRUG REORGANIZATION AND COORDINATION SEC. TOOL SHORT TITLE.
 * ' abuser to face significant out of pocket expenses for the

This title may be cited as the "National Antidrug Reorganization and Coordination Act". SEC. 7002. FINDINGS.

The Congress finds that—

>.-m ' ^

^

,,. -«>| i.. State and local governments.

National Antidrug Reorganization and Coordination Act.

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 100 STAT. 3207-161

PUBLIC LAW 99-570—OCT. 27, 1986

(1) the Federal Government's response to drug trafficking and drug abuse is divided among several dozen agencies and bureaus of the Government, ranging from the Department of Defense to the Department of Health and Human Services; (2) numerous recent congressional hearings and reports, reports by the Comptroller General, and studies by Executive branch agencies have documented the waste and inefficiency caused by this division of responsibilities; (3) interagency competition for credit and budget dollars imposes critical obstacles to efficient application of national resources in combating drug trafficking and drug abuse; and (4) successfully combating such trafficking and drug abuse requires coherent planning that includes intelligent organization and operations of Executive branch agencies. President of U.S. State and local governments.

President's Media Commission on Alcohol and Drug Abuse Prevention Act. 21 USC 1301 note. 21 USC 1301.

SEC. 7003. SUBMISSION OF LEGISLATION.

Not later than 6 months after the date of enactment of this title, the President shall submit to each House of Congress recommendations for legislation to reorganize the Executive branch of the Government to more effectively combat drug traffic and drug abuse. In the preparation of such recommendations, the President shall consult with the Comptroller General, State and local law enforcement authorities, relevant committees of the Congress, and the Attorney General and the Secretaries of State, the Treasury, Transportation, Health and Human Services, Defense, and Education. TITLE VIII—PRESIDENT'S MEDIA COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION SEC. 8001. SHORT TITLE.

- • u?:

This title may be cited as the "President's Media Commission on Alcohol and Drug Abuse Prevention Act". SEC. 8002. ESTABLISHMENT.

^

b)1

J

There is established a commission to be known as the President's Media Commission on Alcohol and Drug Abuse Prevention (hereinafter in this title referred to as the "Commission"). 21 USC 1302.

SEC. 8003. DUTIES OF COMMISSION.

The Commission shall— (1) examine public education programs in effect on the date of the enactment of this title which are— (A) implemented through various segments of mass media; and (B) intended to prevent alcohol and drug abuse; (2) act as an administrative and coordinating body for the voluntary donation of resources from— (A) television, radio, motion picture, cable communications, and print media; (B) the recording industry; ^' (C) the advertising industry; (D) the business sector of the United States; and (E) professional sports organizations and associations; to assist the implementation of new programs and national strategies for dissemination of information intended to prevent alcohol and drug abuse;

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100 STAT. 3207-162

(3) encourage media outlets throughout the country to provide information aimed at preventing alcohol and drug abuse, including public service announcements, documentary films, and advertisements; and (4) evaluate the effectiveness and assist in the update of programs and national strategies formulated with the assistance of the Commission. SEC. 8004. MEMBERSHIP.

(a) NUMBER AND APPOINTMENT.—The Commission shall be composed of 12 members appointed by the President within 30 days after the date of the enactment of this title, and should include representatives of— (1) advertising agencies; (2) motion picture, television, radio, cable communications, and print media; (3) the recording industry; (4) other segments of the business sector of the United States; (5) experts in the prevention of alcohol and drug abuse; (6) professional sports organizations and associations; and (7) other Federal agencies, as designated by the President, including the Director of the Agency for Substance Abuse Prevention of the Department of Health and Human Services. (b) TERMS.—(1) Except as provided in paragraphs (2) and (3), members shall be appointed for terms of 3 years. (2) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. (3) A member may serve after the expiration of his term until his successor has taken office.

21 USC 1303.

>

'

(c) BASIC PAY AND EXPENSES.—(1) Except as provided in paragraph

(2), members of the Commission shall serve without pay. (2) While away from their homes or regular places of business in the performance of services for the Commission, members shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons serving intermittently in the Government service are allowed travel expenses under section 5703 of title 5, United States Code. SEC. 800,5. MEETINGS.

(a) IN GENERAL.—(1) The Commission shall meet at the call of the Moderator. (2) The Moderator shall convene the 1st meeting of the Commission within 30 days after the date of the completion of appointments under section 8004(a). (b) MODERATOR.—One member of the Commission shall be designated by the President to serve as Moderator of the Commission. (c) QUORUM AND PROCEDURE.—The Commission shall adopt rules regarding quorum requirements and meeting procedures as the Commission deems appropriate at the 1st meeting of the Commission. (d) VOTING.—Decisions and official acts of the Commission shall be according to the vote of a majority of members at a properly called meeting.

IMU L,. 21 USC 1304.

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 100 STAT. 3207-163 21 USC 1305.

PUBLIC LAW 99-570—OCT. 27, 1986

SEC. 8006. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

(a) DIRECTOR AND STAFF.—(1) Subject to paragraph (2), the Moderator, with the approval of the Commission, may employ and set the rate of pay for a Director and such staff as the Moderator deems necessary. (2) Rates of pay set under paragraph (1) shall be less than the rate of basic pay payable under section 5316 of title 5, United States c,'r'i[ D-ili

Code. (b) EXPERTS AND CONSULTANTS.—The Moderator, with the ap-

proval of the Commission, may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (c) STAFF OF FEDERAL AGENCIES.—Upon request of the Commis-

sion, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this title. 21 USC 1306.

SEC. 8007. POWERS OF COMMISSION.

(a) HEARINGS AND SESSIONS.—The Commission 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 Commission considers appropriate. (b) OBTAINING OFFICIAL DATA.—Upon the request 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. (c) GIFTS.—The Commission may accept, use, and dispose of gifts or donations of services or property. (d) MAILS.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. 21 USC 1307.

p

21 USC 1308.

SEC. 8008. REPORT.

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 preceding year, including a summary of the number of public service announcements produced by the Commission and published or broadcast. SEC. 8009. TERMINATION.

-

The Commission shall terminate on a date which is three years after the date on which members of the Commission are first appointed, unless the President, by Executive order, extends the authority of the Commission.

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100 STAT. 3207-164

TITLE IX—DENIAL OF TRADE BENEFITS TO UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES SEC.

9001. TARIFF TREATMENT OF PRODUCTS OF UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES.

The Trade Act of 1974 is amended by adding at the end thereof the following:

19 USC

"TITLE VIII—TARIFF TREATMENT OF PRODUCTS OF UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES

Narcotics Control Trade ^''^•

"SEC.

801. SHORT TITLE.

2101.

19 USC 2491.

"This title may be cited as the 'Narcotics Control Trade Act'. "SEC.

802. TARIFF TREATMENT OF PRODUCTS OF UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES.

19 USC 2492.

"(a) REQUIRED ACTION BY PRESIDENT.—Subject to subsection (b), for every major drug producing country and every major drug-transit country, the President shall, on or after March 1, 1987, and March 1 cs^ io;u of each succeeding year, to the extent considered necessary by the President to achieve the purposes of this title— "(1) deny to any or all of the products of that country tariff treatment under the Generalized System of Preferences, the Caribbean Basin Economic Recovery Act, or any other law 19 USC 2701 ' providing preferential tariff treatment; ^°^^"(2) apply to any or all of the dutiable products of that country an additional duty at a rate not to exceed 50 percent ad valorem or the specific rate equivalent; "(3) apply to one or more duty-free products of that country a duty at a rate not to exceed 50 percent ad valorem; or "(4) take any combination of the actions described in paragraphs (1), (2), and (3). "OD) CERTIFICATIONS; CONGRESSIONAL ACTION.—(1) Subsection (a) shall not apply with respect to a country if the President determines and so certifies to the Congress, at the time of the submission of the report required by section 481(e) of the Foreign Assistance Act of 1961, that during the previous year that country has cooperated Ante, p. 3207-63. fully with the United States, or has taken adequate steps on its own, in preventing narcotic and psychotropic drugs and other controlled substances produced or processed, in whole or in part, in such country or transported through such country, from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents or from being transported, directly or indirectly, into the United States and in preventing and punishing the laundering in that country of drug-related profits or drug-related monies. "(2) In making the certification required by paragraph (1), the President shall give foremost consideration to whether the actions of the government of the country have resulted in the maximum •(••'v.. 'irjU HIreductions in illicit drug production which were determined to be achievable pursuant to section 481(e)(4) of the Foreign Assistance Act of 1961. The President shall also consider whether such government—

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 100 STAT. 3207-165

.. •

'

' ' •

Congress.

President of U.S.

^ „ " ' •"• •

19 USC 2493.

PUBLIC LAW 99-570—OCT. 27, 1986

"(A) has taken the legal and law enforcement measures to enforce in its territory, to the maximum extent possible, the elimination of illicit cultivation and the suppression of illicit manufacture of and traffic in narcotic and psychotropic drugs and other controlled substances, as evidenced by seizures of such drugs and substances and of illicit laboratories and the arrest and prosecution of violators involved in the traffic in such drugs and substances significantly affecting the United States; and "(B) has taken the legal and law enforcement steps necessary to eliminate, to the maximum extent possible, the laundering in that country of drug-related profits or drug-related monies, as evidence by— "(i) the enactment and enforcement of laws prohibiting such conduct, 3il "(ii) the willingness of such government to enter into „.. mutual legal assistance agreements with the United States governing (but not limited to) money laundering, and "(iii) the degree to which such government otherwise cooperates with United States law enforcement authorities on anti-money laundering efforts. "(3) Subsection (a) shall apply to a country without regard to paragraph (1) of this subsection if the Congress enacts, within 30 days of continuous session after receipt of a certification under paragraph (1), a joint resolution disapproving the determination of the President contained in that certification. "(4) If the President takes action under subsection (a), that action shall remain in effect until— "(A) the President makes the certification under paragraph (1), a period of 30 days of continuous session of Congress elapses, and during that period the Congress does not enact a joint resolution of disapproval; or "(B) the President submits at any other time a certification of the matters described in paragraph (1) with respect to that country, a period of 30 days of continuous session of Congress elapses, and during that period the Congress does not enact a joint resolution of disapproving the determination contained in that certification. "(5) For the purpose of expediting the consideration and enactment of joint resolutions under paragraphs (3) and (4)— "(A) a motion to proceed to the consideration of any such joint resolution after it has been reported by the Committee on Ways and Means shall be treated as highly privileged in the House of Representatives; and "(B) a motion to proceed to the consideration of any such joint resolution after it has been reported by the Committee on Finance shall be treated as privileged in the Senate. "(c) DURATION OF ACTION.—The action taken by the President under subsection (a) shall apply to the products of a foreign country that are entered, or withdrawn from warehouse for consumption, during the period that such action is in effect. "SEC. 803. SUGAR QUOTA.

'"'

"

"Notwithstanding any other provision of law, the President may not allocate any limitation imposed on the quantity of sugar to any country which has a Government involved in the trade of illicit narcotics or is failing to cooperate with the United States in narcot-

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ics enforcement activities as defined in section 802(b) as determined by the President. "SEC. 801. FROCJRESS REPORTS.

19 USC 2494.

"The President shall include as a part of the annual report required under section 481(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(1)) an evaluation of progress that each major drug producing country and each major drug-transit country has made during the reporting period in achieving the objectives set forth in section 802(b). "SEC. 805. DEFINITIONS.

,, •

19 USC 2495.

"For purposes of this title— "(1) continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the period indicated; "(2) the term 'major drug producing country' means a country producing five metric tons or more of opium or opium derivative during a fiscal year or producing five hundred metric tons or more of coca or marijuana (as the case may be) during a fiscal year; and "(3) the term 'major drug-transit country' means a country— "(A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; "(B) through which are transported such drugs or substances; or "(C) through which significant sums of drug-related profits or monies are laundered with the knowledge or complicity of the government; and "(4) the term 'narcotic and psychotropic drugs and other controlled substances' has the same meaning as is given by any applicable international narcotics control agreement or domestic law of the country or countries concerned.".

'

' *

SEC. 9002. CONFORMING AMENDMENTS. (a) GENERALIZED SYSTEM OF PREFERENCES.—Section 502(b) of

the

Trade Act of 1974 (19 U.S.C. 2462(b)) is amended— (1) by striking out paragraph (5); (2) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7); and (3) by striking out "(5)," in the last sentence. (b) CARIBBEAN BASIN ECONOMIC RECOVERY.—Section 212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)) is amended— (1) by inserting "and" after the semicolon at the end of paragraph (5); (2) by striking out paragraph (6); and (3) by redesignating paragraph (7) as paragraph (6). TITLE X—BALLISTIC KNIFE PROHIBITION SEC. 10001. SHORT TITLE.

Ballistic Knife Prohibition Act °f l^^^-

This title may be cited as the "Ballistic Knife Prohibition Act of ^^ ^^^ ^^^^ 1986". ''°^^-

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 100 STAT. 3207-167

PUBLIC LAW 99-570—OCT. 27, 1986

SEC. 10002. PROHIBITION OF POSSESSION, MANUFACTURE, SALE, AND IMPORTATION OF BALLISTIC KNIVES.

15 USC 1241. 15 USC 1245.

cf y [f iH

The Act entitled "An Act to prohibit the introduction, or manufacture for introduction, into interstate commerce of switchblade knives, and for other purposes" (15 U.S.C. 1232 et seq.) is amended by adding at the end the following: "SEC. 7. (a) Whoever knowingly possesses, manufactures, sells, or imports a ballistic knife shall be fined as provided in title 18, United States Code, or imprisoned not more than ten years, or both. "(b) Whoever possesses or uses a ballistic knife in the commission of a Federal or State crime of violence shall be fined as provided in title 18, United States Code, or imprisoned not less than five years and not more than ten years, or both. "(c) The exceptions provided in paragraphs (1), (2), and (3) of section 4 with respect to switchblade knives shall apply to ballistic knives under subsection (a) of this section. "(d) As used in this section, the term 'ballistic knife' means a knife with a detachable blade that is propelled by a spring-operated mechanism.". SEC. 10003. NONMAILABILITY OF BALLISTIC KNIVES.

Section 1716 of title 18, United States Code, is amended by inserting after subsection (h) and before the first undesignated paragraph after such subsection the following: "(i)(l) Any ballistic knife shall be subject to the same restrictions and penalties provided under subsection (g) for knives described in the first sentence of that subsection. "(2) As used in this subsection, the term 'ballistic knife' means a knife with a detachable blade that is propelled by a spring-operated mechanism.". 15 USC 1245

SEC. 10004. EFFECTIVE DATE.

'

The amendments made by this title shall take effect 30 days after the date of enactment of this title. Homeless

TITLE XI—HOMELESS ELIGIBILITY CLARIFICATION ACT

Eligibility Clarification Act.

7 USC 2011 note.

g^c. n o o i. SHORT TITLE.

This title may be cited as the "Homeless Eligibility Clarification Act". Subtitle A—Emergency Food for the Homeless SEC. 11002. MEALS SERVED TO HOMELESS INDIVIDUALS.

•: •,f ', -

<^ ' f'

(a) DEFINITION OF FOOD.—Section 3(g) of the Food Stamp Act of 1977 (7 U.S.C. 2012(g)) is amended— (1) in clause (1), by striking out "and (8)" and inserting in lieu thereof "(8), and (9)"; (2) by striking out "and" at the end of clause (7); and (3) by inserting before the period at the end thereof the following: ", and (9) in the case of households that do not reside in permanent dwellings and households that have no fixed mailing addresses, meals prepared for and served by a public or private nonprofit establishment (approved by an appropriate State or local Eigency) that feeds such individuals and by a public or private nonprofit shelter (approved by an appropriate State or local agency) in which such households temporarily

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reside (except that such establishments and shelters may only request voluntary use of food stamps by such individuals and may not request such households to pay more than the average cost of the food contained in a meal served by the establishment or shelter)". (b) DEFINITION OF HOUSEHOLD.—The last sentence of section 3(i) of such Act (7 U.S.C. 2012(i)) is amended by inserting after "battered women and children," the following: "residents of public or private nonprofit shelters for individuals who do not reside in permanent dwellings or have no fixed mailing addresses, who are otherwise eligible for coupons,". (c) DEFINITION OF RETAIL FOOD STORE.—Section 3(k)(2) of such Act (7 U.S.C. 2012(k)(2)) is amended by striking "and (8)" and inserting in lieu thereof "(8), and (9)". (d) PARTICIPATION OF ESTABLISHMENTS AND SHELTERS.—Section 9 of

such Act (7 U.S.C. 2018) is amended by adding at the end thereof the following new subsection: "(g) In an area in which the Secretary, in consultation with the Inspector General of the Department of Agriculture, finds evidence that the participation of an establishment or shelter described in section 3(g)(9) damages the program's integrity, the Secretary shall limit the participation of such establishment or shelter in the food stamp program, unless the establishment or shelter is the only establishment or shelter serving the area.". (e) REDEMPTION OF COUPONS.—The first sentence of section 10 of such Act (7 U.S.C. 2019) is amended— (1) by striking out "and" after "battered women and children,"; and (2) by inserting after "blind residents" the following: ", and Mi-L C f^ «t public or private nonprofit establishments, or public or private nonprofit shelters that feed individuals who do not reside in permanent dwellings and individuals who have no fixed mailing addresses". (f)(1) The amendments made by this section shall become effective, Effective date. ' and be implemented by issuance of final regulations, not later than Regulations. * 7 USC 2012 note. April 1, 1987. (2) Not later than September 30, 1988, the Secretary of Agri- Reports. culture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that evaluates the program established by the amendments made by this section, including any proposed legislative recommendations. (3) The amendments made by this section shall cease to be effective after September 30, 1990. Subtitle B—Job Training for the Homeless SEC. 11004. JOB TRAINING FOR THE HOMELESS. (a) GOVERNOR'S COORDINATION AND SPECIAL SERVICES PLAN TO INCLUDE HOMELESS.—(1) Section 1210t)Xl) of the Job Training Part-

nership Act (20 U.S.C. 15310t)Xl)) is amended by inserting after "rehabilitation agencies" a comma and the following: "programs for the homeless". (2) Section 121(c)(3) of the Job Training Partnership Act is amended by inserting after "offenders" a comma and the following: "homeless individuals".

29 USC 1531.

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PUBLIC LAW 99-570—OCT. 27, 1986

(b) BARRIERS TO EMPLOYMENT RULE.—Section 203(a)(2) of the Job

Training Partnership Act (29 U.S.C. 1603(a)(2)) is amended by striking out "or addicts" and inserting in lieu thereof "addicts, or homeless". Subtitle C—Entitlements Eligibility SEC. 11005. TREATMENT OF HOMELESS INDIVIDUALS ELIGIBLE UNDER SSI AND MEDICAID PROGRAMS.

42 USC 1383 note. 42 USC 1396aa note.

State and local governments. 42 USC 602 note. 42 USC 601.

(a) SSI PROGRAM.—Section 1631(e) of the Social Security Act (42 U.S.C. 1383(e)) is amended by adding at the end the following new paragraph: "(3) The Secretary shall provide a method of making payments under this title to an eligible individual who does not reside in a permanent dwelling or does not have a fixed home or mailing address.". (b) MEDICAID PROGRAM.—Section 1902(a) of such Act (42 U.S.C. 1396a(a)) is amended— (1) by striking "and" at the end of paragraph (45), (2) by striking the period at the end of paragraph (46) and inserting in lieu thereof "; and", and (3) by adding at the end the following new paragraph: "(47) provide a method of making cards evidencing eligibility for medical assistance available to an eligible individual who does not reside in a permanent dwelling or does not have a fixed home or mailing address.". (c) EFFECTIVE DATE.—(1) The amendment made by subsection (a) shall become effective on the date of the enactment of this Act. (2) The amendments made by subsection (b) shall become effective on January 1, 1987, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (d) AFDC.—No later than six months after the date of enactment of this act and after consultation with the States administering plans under Title IV of the Social Security Act, the Secretary of Health and Human Services shall issue guidelines to the States for providing benefits under Title IV to a dependent child who does not reside in a permanent dwelling or does not have a fixed home or mailing address. SEC. 11006. APPLICATION FOR SSI AND FOOD STAMP BENEFITS BY SSI PRE-RELEASE INDIVIDUALS.

Section 1631 of the Social Security Act (42 U.S.C. 1383) is amended by adding at the end thereof the following new subsection: "PRE-RELEASE PROCEDURES FOR INSTITUTIONALIZED PERSONS

"(j) The Secretary shall develop a system under which an individual can apply for supplemental security income benefits under this title prior to the discharge or release of the individual from a public institution. The Secretary and the Secretary of Agriculture shall develop a procedure under which an individual who applies for supplemental security income benefits under this title shall also be permitted to apply for participation in the food stamp program by executing a single application.".

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100 STAT. 3207-170

SEC. 11007. DELIVERY OF VETERANS'BENEFITS PAYMENTS.

(a) IN GENERAL.—(1) Section 3003 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: "(c) Benefits under laws administered by the Veterans' Administration may not be denied an applicant on the basis that the applicant does not have a mailing address.". (2) Section 3020 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: "(f)(1) In the case of a payee who does not have a mailing address, payments of monetary benefits under laws administered by the Veterans' Administration shall be delivered under an appropriate method prescribed pursuant to paragraph (2) of this subsection. "(2) The Administrator shall prescribe an appropriate method or methods for the delivery of payments of monetary benefits under laws administered by the Veterans' Administration in cases described in paragraph (1) of this subsection. To the maximum extent practicable, such method or methods shall be designed to ensure the delivery of payments in such cases.". (b) EFFECTIVE DATE.—(1) The amendment made by subsection (a)(1) shall take effect on the date of enactment of this Act. (2) The amendment made by subsection (a)(2) shall take effect with respect to payments made on or after October 1, 1986. TITLE XII—COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 SECTION 12001. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This title may be cited as the "Commercial Motor Vehicle Safety Act of 1986". (b) TABLE OF CONTENTS.— Sec. 12001. Short title. Sec. 12002. Limitation on number of driver's licenses. Sec. 12003. Notification requirements. Sec. 12004. Employer responsibilities. Sec. 12005. Testing of operators. Sec. 12006. Commercial driver's license. Sec. 12007. Commercial driver's license information system. Sec. 12008. Federal disqualifications. Sec. 12009. Requirements for State participation. Sec. 12010. Grant program. Sec. 12011. Withholding of highway funds for State noncompliance. Sec. 12012. Penalties. Sec. 12013. Waiver authority. Sec. 12014. Commercial motor vehicle safety grants. Sec. 12015. Truck brake regulations. Sec. 12016. Radar demonstration project. Sec. 12017. Limitation on statutory construction. Sec. 12018. Regulations. Sec. 12019. Definitions.

38 USC 3003 note. 38 USC 3020 note. Commercial Motor Vehicle Safety Act of 1986. 49 USC app. 2701 note.

j

SEC. 12002. LIMITATION ON NUMBER OF DRIVER'S LICENSES.

Effective July 1, 1987, no person who operates a commercial motor vehicle shall at any time have more than one driver's license, except during the 10-day period beginning on the date such person is issued a driver's license and except whenever a State law enacted on or before June 1, 1986, requires such person to have more than one driver's license. The second exception in the preceding sentence shall not be effective after December 31, 1989.

Effective date. State and local governments. 49 USC app. 2701.

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 100 STAT. 3207-171 Effective dates. 49 USC app. 2702.

',: K

PUBLIC LAW 99-570—OCT. 27, 1986

SEC. 12003. NOTIFICATION REQUIREMENTS. (a) NOTIFICATION OF VIOLATIONS.—

(1) TO STATES.—Effective July 1, 1987, each person who operates a commercial vehicle, who has a driver's license issued by a ... State, and who violates a State or local law relating to motor vehicle traffic control (other than a parking violation) in any V i other State shall notify a State official designated by the State which issued such license of such violation, within 30 days after the date such person is found to have committed such violation. (2) To EMPLOYERS.—Effective July 1, 1987, each person who operates a commercial vehicle, who has a driver's license issued by a State, and who violates a State or local law relating to motor vehicle traffic control (other than a parking violation) shall notify his or her employer of such violation, within 30 days after the date such person is found to have committed such violation. (b) NOTIFICATION OF SUSPENSIONS.—Effective July 1, 1987, each employee who has a driver's license suspended, revoked, or cancelled by a State, who loses the right to operate a commercial motor vehicle in a State for any period, or who is disqualified from operating a commercial motor vehicle for any period shall notify his or her employer of such suspension, revocation, cancellation, lost right, or disqualification, within 30 days after the date of such suspension, revocation, cancellation, lost right, or disqualification. (c) NOTIFICATION OF PREVIOUS EMPLOYMENT.— (1) GENERAL RULE.—Effective July 1, 1987, subject to para-

Regulations.

graph (2) of this subsection, each person who operates a commercial motor vehicle and applies for employment as an operator of a commercial motor vehicle with an employer shall notify at the time of such application the employer of his or her previous employment as an operator of a commercial motor vehicle. (2) PERIOD OF PREVIOUS EMPLOYMENT.—The Secretary shall establish by regulation the period for which previous employment must be notified under paragraph (1), except that such period shall not be less than a 10-year period ending on the date of application for employment.

Effective date. State and local governments. 49 USC app. 2703.

SEC. 12004. EMPLOYER RESPONSIBILITIES.

49 USC app. 2704. Regulations.

SEC. 12005. T E S T I N G OF OPERATORS.

Effective July 1, 1987, no employer shall knowingly allow, permit, or authorize an employee to operate a commercial motor vehicle in the United States during any period— (1) in which such employee has a driver's license suspended, revoked, or cancelled by a State, has lost the right to operate a commercial motor vehicle in a State, or has been disqualified from operating a commercial motor vehicle; or (2) in which such employee has more than 1 driver's license, except during the 10-day period beginning on the date such employee is issued a driver's license and except whenever a State law enacted on or before June 1, 1986, requires such " employee to have more than one driver's license. The second exception in paragraph (2) shall not be effective after December 31, 1989. ^ ^

(a) ESTABLISHMENT OF MINIMUM FEDERAL STANDARDS.—Not later than July 15, 1988, the Secretary shall issue regulations to establish

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100 STAT. 3207-172

minimum Federal standards for testing and ensuring the fitness of persons who operate commercial motor vehicles. Such regulations— (1) shall establish minimum Federal standards for written tests and driving tests of persons who operate such vehicles; (2) shall require a driving test of each person who operates or will operate a commercial motor vehicle in a vehicle which is representative of the t3rpe of vehicle such person operates or J will operate; (3) shall establish minimum Federal testing standards for operation of commercial motor vehicles and, if the Secretary considers appropriate to carry out the objectives of this title, . may establish different minimum testing standards for different classes of commercial motor vehicles; (4) shall ensure that each person taking such tests has a working knowledge of (A) regulations pertaining to safe operation of a commercial motor vehicle issued by the Secretary and contained in title 49 of the Code of Federal Regulations, and (B) any safety system of such vehicle; (5) in the case of a person who operates or will operate a commercial motor vehicle carrying a hazardous material, shall i ensure— (A) that such person is qualified to operate a commercial motor vehicle in accordance with all regulations pertaining to motor vehicle transportation of such material issued by the Secretary under the Hazardous Materials Transpor-•^^T tation Act; and (B) that such person has a working knowledge of— (i) such regulations, (ii) handling of such material, I (iii) the operation of emergency equipment used in '' response to emergencies arising out of the transportation of such material, and (iv) appropriate response procedures to be followed m " ' such emergencies; (6) shall establish minimum scores for passing such tests; (7) shall ensure that each person taking such tests is qualified to operate a commercial motor vehicle under the regulations issued by the Secretary and contained in title 49 of the Code of Federal Regulations to the extent such regulations are applicable to such person; and jj^ ^ (8) may require— (A) issuance of a certification of fitness to operate a commercial motor vehicle to each person who passes such tests; and (B) such person to have a copy of such certification in his or her possession whenever such person is operating a commercial motor vehicle. O> REQUIREMENT FOR OPERATION OF CMV.— t) (1) GENERAL RULE.—Except as provided under paragraph (2), no person may operate a commercial motor vehicle unless such person has taken and passed a written and driving test to operate such vehicle which meets the minimum Federal standards established by the Secretary under subsection (a). (2) EXCEPTION.—The Secretary may issue regulations which provide that a person—

, (U^

Regulations.

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 100 STAT. 3207-173 }.:, ...

1^?

State and local governments.

PUBLIC LAW 99-570—OCT. 27, 1986

(A) who passes a driving test for operation of a commercial motor vehicle in accordance with the minimum standards established under subsection (a), and (B) who has a driver's license which is not suspended, revoked, or cancelled, may operate such a vehicle for a period not to exceed 90 days. (3) EFFECTIVE DATE.—Paragraph (1) shall take effect on such date as the Secretary shall establish by regulation. Such date shall be as soon as practicable after the date of the enactment of this title but not later than April 1, 1992.

(c) B A S I C G R A N T PROGRAM.— (l) ELIGIBILITY FOR FISCAL YEARS 1987, 1988, AND 1989. — The

^

Secretary may make a grant to a State in any of fiscal years 1987, 1988, and 1989— (A) if the State enters into an agreement with the Secretary to develop a program for testing and ensuring the fitness of persons who operate commercial motor vehicles; and (B) if the State has in effect and enforces in such fiscal -- ' year a law which provides that any person with a blood • •' alcohol concentration of 0.10 percent or greater when operating a commercial motor vehicle is deemed to be driving while under the influence of alcohol. (2) ELIGIBILITY AFTER FISCAL YEAR 1989.—The Secretary may

i

ili:iii

make a grant to a State in a fiscal year beginning after September 30, 1989— (A) if the State enters into an agreement with the Secretary— (i) to adopt and administer in such fiscal year a program for testing and ensuring the fitness of persons r,: r «ij who operate commercial motor vehicles in accordance ,5, ^7" with all of the minimum Federal standards established by the Secretary under subsection (a); and ,,,^r,. (ii) to require that operators of commercial motor vehicles have passed written and driving tests which comply with such minimum standards; and ":' (B) if the State has in effect and enforces in such fiscal year a law which provides that any person with a blood alcohol concentration of 0.10 percent or greater when operating a commercial motor vehicle is deemed to be - driving while under the influence of alcohol. (3) ADMINISTRATION OF DRIVING TEST.—A State— (A) may administer driving tests referred to in paragraph (2) and section 12009(a); or (B) may enter into an agreement, approved by the Secretary, to administer such tests with a person (including a '-•-' >' department, agency or instrumentality of a local governr. «',«.;. ment) which meets such minimum standards as the Secretary shall establish by regulation— (i) if the agreement allows the Secretary and the State each to conduct random examinations, inspections, and audits of such testing without prior notification; and .b;;r (ii) if the State conducts at least annually one onsite inspection of such testing. i'^A (4) MINIMUM AMOUNT OF GRANT.—The Secretary shall determine the amount of grants in a fiscal year to be made under this

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100 STAT. 3207-174

subsection to a State eligible to receive such grants in the fiscal year; except that— (A) such State shall not be granted less than $100,000 under this subsection in the fiscal year; and (B) to the extent that any States are granted more than $100,000 per State in the fiscal year under this subsection, the Secretary shall ensure that such States are treated equitably.

o

(5) LIMITATION ON USE OF FUNDS.— (A) IN FISCAL YEARS 1987, 1988, AND 1989.—A State receiv-

ing a grant under this subsection in fiscal year 1987, 1988, or 1989 may only use the funds provided under such grant for developing a program for testing and ensuring the fitness of persons who operate commercial motor vehicles. (B) THEREAFTER.—A State receiving a grant under this subsection in any fiscal year beginning after September 30, 1989, may only use the funds provided under such grant for testing operators of commercial motor vehicles. (6) DEVELOPMENT OF TESTING PROGRAM DESCRIBED.—For purposes of this subsection and subsection (d), development of a program for testing and ensuring the fitness of persons who operate commercial motor vehicles includes but is not limited to studies of the number of vehicles which will need to be tested under such program in a calendar year, studies of facilities at which testing of such persons could be conducted, and studies of additional resources (including personnel) which will be necessary to conduct such testing. (7) FUNDING.—There shall be available to the Secretary to carry out this subsection $5,000,000 from funds made available to carry out section 404 of the Surface Transportation Assistance Act of 1982 for each of fiscal years 1987, 1988, 1989, 1990, and 1991. (d) SUPPLEMENTAL GRANT PROGRAM.— (1) ELIGIBILITY AND PURPOSES.—The Secretary may make in a fiscal year grants to States eligible to receive grants under subsection (c) in such fiscal year. A grant made under this subsection in fiscal year 1987, 1988, or 1989 shall be used for developing a program for testing and ensuring the fitness of persons who operate commercial motor vehicles. A grant made under this subsection in any fiscal year beginning after 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 among the States eligible to receive grants under subsection (c) in such fiscal year on the basis of the number of written and driving tests administered, and the number of drivers' licenses for operation of commercial motor vehicles, issued in the preceding fiscal year. (3) FUNDING.—There shall be available to the Secretary to carry out this subsection— (A) $3,000,000 from funds made available to carry out section 402 of title 23, United States Code, by the National Highway Traffic Safety Administration for each of fiscal years 1987, and 1988;

Post, p. 3207-186. State and local governments.

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 100 STAT. 3207-175 !BO»r. 49 USC app. 2304. eovernmente^^ governmen.

49 USC app. 2705

PUBLIC LAW 99-570—OCT. 27, 1986 (B) $3,000,000 from funds made available to carry out section 404 of the Surface Transportation Assistance Act of 1982 for each of fiscal years 1989, 1990, and 1991.

(e) LIMITATIONS ON GRANT PROGRAMS.— ^^^ MAINTENANCE OF EFFORT.—The Secretary may not make a grant to any State under this section unless such State agrees i 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 maintained at a level which does not fall below the average level of such expenditure for its last two fiscal years preceding the date of the enactment of this title. (2) PERIOD OF AVAILABILITY.—Funds made available to carry out this subsection shall remain available for obligation by the State for the fiscal year for which such funds are made available. Any of such funds not obligated before the last day of such period shall no longer be available for obligation by such State and shall be available to the Secretary for carrying out the purposes of this title. Funds made available pursuant to this section shall remain available until expended. ^ (3) CONTRACT AUTHORITY.—Notwithstanding any other provi^ sion of law, approval by the Secretary of a grant to a State f under this section shall be deemed to be a contractual obligation of the United States for payment of the amount of the grant. SEC. 12006. COMMERCIAL DRIVER'S LICENSE.

State and local governments. Regulations.

Not later than July 15, 1988, the Secretary, after consultation with the States, shall issue regulations establishing minimum uniform standards for the issuance of commercial drivers' licenses by the States and for information to be contained on such licenses. Such standards shall, at a minimum, require that— Mf-vm: M i?.tt',., . (1) each person who is issued a commercial driver's license passes a written and driving test for the operation of a commercial motor vehicle which complies with the minimum Federal standards established by the Secretary under section 12005(a); H (2) the commercial drivers' licenses are, to the maximum ^ extent practicable, tamper proof; and (3) each commercial driver's license contain the following information: 2^ (A) the name and address of the person to whom such license is issued and a physical description of such person; r (B) the social security number or such other number or information as the Secretary determines appropriate to p „, identify such person; t. (C) the class or type of commercial motor vehicle or vehicles which such person is authorized to operate under ll such license; fJ (D) the name of the State which issued such license; and (E) the dates between which such license is valid. 49 USC app

SEC. 12007. COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM.

(a) DEADLINE.—Not later than January 1, 1989, the Secretary shall either enter into an agreement under subsection 0>) for operation of, or establish under subsection (c), an information system which will serve as a clearinghouse and depository of information pertaining to the licensing and identification of operators of commercial motor vehicles and the disqualification of such operators from operating

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Page:United States Statutes at Large Volume 100 Part 4.djvu/455

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100 STAT. 3207-176

commercial motor vehicles. In carrying out this section, the Secretary consult the States. (b) AGREEMENT FOR USE OF NON-FEDERAL SYSTEM.— (1) REVIEW.—Not later than January 1, 1988, the Secretary shall conduct a review of information systems utilized by 1 or more States pertaining to the driving status of operators of motor vehicles and other State-operated information systems for the purpose of determining whether or not any of such systems could be utilized to carry out this section. (2) AGREEMENT.—If the Secretary determines that one of the information systems reviewed under paragraph (1) could be utilized to carry out this section and the State or States utilizing such system agree to the use of such system for carrying out this section, the Secretary may enter into an agreement with such State or States for the use of such system in accordance with the provisions of this section and section 12009(c). (3) TERMS OF AGREEMENT.—Any agreement entered into under this subsection shall contain such terms and conditions as the Secretary considers necessary to carry out the objectives of this title. (c) ESTABLISHMENT.—If the Secretary does not enter into an agreement under subsection (b), the Secretary shall establish an information system pertaining to the driving status and licensing of operators of commercial motor vehicles in accordance with the provisions of this section. (d) MINIMUM INFORMATION.—The information system under this section shall, at a minimum, include the following information concerning each operator of a commercial motor vehicle: (1) Such information as the Secretary considers appropriate to ensure identification of such operator. (2) The name and address of such operator and a physical description of such operator. (3) The social security number of such operator or such other number or information as the Secretary determines appropriate to identify such operator. (4) The name of the State which issued the driver's license to ' such operator. (5) The dates between which such license is valid. (6) Whether or not such operator has or has had a driver's license which authorized such person to operate a commercial motor vehicle suspended, revoked, or cancelled by a State, has lost the right to operate a commercial motor vehicle in a State for any period, or has been disqualified from operating a commercial motor vehicle. (e) AVAILABILITY OF INFORMATION.—

(1) To STATE.—Upon request of a State, the Secretary or the operator of the information system, as the case may be, may make available to such State information in the information system under this section. (2) To THE EMPLOYEE.—Upon rcquest of an employee, the Secretary or the operator of the information system, as the case may be, may make available to such employee information in the information system relating to such employee. (3) To EMPLOYER.—Upon request of an employer or prospective employer of an employee and after notification of such employee, the Secretary or the operator of the information system, as the case may be, may make available to such em-

state and local governments.

. ' (i:

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Page:United States Statutes at Large Volume 100 Part 4.djvu/456

 100 STAT. 3207-177

PUBLIC LAW 99-570—OCT. 27, 1986

-0s? ployer or prospective employer information in the information system relating to such employee. (4) To THE SECRETARY.—Upon the request of the Secretary, the •If operator of the information system shall make available to the Secretary such information pertaining to the driving status and licensing of operators of commercial motor vehicles (including the information required by subsection (d)) as the Secretary may request. (f) COLLECTION OF FEES.—If the Secretary establishes an informa-

tion system under this section, the Secretary shall establish a fee system for utilization of the information system. The amount of fees collected pursuant to this subsection in any fiscal year shall as nearly as possible equal the costs of operating the information system in such fiscal year. The Secretary shall deposit fees collected under this subsection in the Highway Trust Fund (other than the Mass Transit Account). (g) FUNDING.—There shall be available to the Secretary to carry out this section not to exceed $2,000,000 from funds made available to carry out section 402 of title 23, United States Code, by the National Highway Safety Traffic Administration for each of fiscal years 1987, 1988, and 1989. Such funds shall remain available until expended. 49 USC app. 2707

SEC. 12008. FEDERAL DISQUALIFICATIONS. (a) DRUNK DRIVING; LEAVING THE SCENE OF AN ACCIDENT; FELONIES.— (1) FIRST OFFENSE.— (A) GENERAL RULE.—Except as provided in subparagraph

-hi/

(B) and paragraph (2), the Secretary shall disqualify from operating a commercial motor vehicle for a period of not (i) who is found to have committed a first violation— . j.4v.e > -i(I) of driving a commercial motor vehicle while -•1,'r -'.. i. under the influence of alcohol or a controlled substance, or ,'->v r, i; (II) of leaving the scene of an accident involving a commercial motor vehicle operated by such person; or •''•-(ii) who uses a commercial motor vehicle in the commission of a felony (other than a felony described in subsection QD)). (B) SPECIAL RULE.—If the vehicle operated or used in connection with the violation or the commission of the felony referred to in subparagraph (A) is transporting a hazardous material required by the Secretary to be plac':''•' arded under section 105 of the Hazardous Materials Y^ Transportation Act (49 U.S.C. App. 1804), the Secretary i. shall disqualify the person for a period of not less than 3 years. ^*..., J
 * '^n, /. I less than 1 year each person—

(2) SECOND OFFENSE.— (A) GENERAL RULE.—Subject to subparagraph (B), the

Secretary shall disqualify from operating a commercial motor vehicle for life each person— •.4jq?s ' (i) who is found to have committed more than one violation of driving a commercial motor vehicle while under the influence of alcohol or a controlled substance;

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100 STAT. 3207-178

(ii) who is found to have committed more than one violation of leaving the scene of an accident involving a commercial motor vehicle operated by such person; (iii) who uses a commercial motor vehicle in the commission of more than one felony arising out of different criminal episodes; or (ivXD who is found to have committed a violation described in clause (i) or (ii), and (II) who is found to have committed a violation described in the other of such clauses or uses a commercial motor vehicle in the commission of a felony. (B) SPECIAL RULE.—The Secretary may issue regulations which establish guidelines (including conditions) under which a disqualification for life under subparagraph (A) may be reduced to a period of not less than 10 years. (b) CONTROLLED SUBSTANCE FELONIES.—The Secretary shall 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 dispense a controlled substance. (c) SERIOUS TRAFFIC VIOLATIONS.— (1) SECOND VIOLATION.—The Secretary shall disqualify from

operating a commercial motor vehicle for a period of not less than 60 days each person who, in a 3-year period, is found to have committed 2 serious traffic violations involving a commercial motor vehicle operated by such person. (2) THIRD VIOLATION.—The Secretary shall disqualify from operating a commercial motor vehicle for a period of not less than 120 days each person who, in a 3-year period, is found to have committed 3 serious traffic violations involving a commercial motor vehicle operated by such person. (d) ENFORCEMENT OF DRINKING AND DRIVING REGULATIONS.—

(1) OUT OF SERVICE.—Not later than 1 year after the date of enactment of this title, the Secretary, for purposes of enforcing section 392.5 of the Code of Federal Regulations, shall issue regulations which establish and enforce an out of service period of 24 hours for any person who violates such section. (2) VIOLATIONS OF OUT-OF-SERVICE ORDERS.—No person shall violate an out-of-service order issued under paragraph (1) of this subsection. (3) REPORTING REQUIREMENTS.—Not later than 1 year after the date of the enactment of this title, the Secretary shall issue regulations establishing and enforcing requirements for 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 emplover and to the State which issued such operator his or her driver s license. (e) LIMITATION ON APPLICABILITY.— (1) GENERAL RULE.—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 disqualified from operating a commercial motor vehicle in accordance with such requirement by the

> * ' "•• H «

State and local governments.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/458

 100 STAT. 3207-179

PUBLIC LAW 99-570—OCT. 27, 1986

State which issued the driver's license which authorized such person to operate such vehicle. (2) SATISFACTION OF STATE DISQUALIFICATION.—For purposes of

paragraph (1), suspension, revocation, or cancellation of a driver's license which authorizes a person to operate a commercial motor vehicle by a State shall be treated as disqualification of such person from operating such vehicle, (f) BLOOD ALCOHOL CONCENTRATION LEVEL.— * ~^:ii)(1) STUDY.— 7 3J (A) NATIONAL ACADEMY OF SCIENCES.—Not

later than 30 days after the date of the enactment of this title, the Secretary shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the appropriateness of reducing the .^ blood alcohol concentration level at or above which a »l person when operating a commercial motor vehicle is deemed to be driving while under the influence of alcohol p y from 0.10 to 0.04 percent. (B) REPORT.—In entering into any arrangements with the j^., National Academy of Sciences for conducting the study under this subsection, the Secretary shall request the National Academy of Sciences to submit, not later than 1 year ,,^^ after the date of the enactment of this title, to the Secretary a report on the results of such study. (2) RULEMAKING.—Not later than 1 year after the date of the enactment of this title, the Secretary shall commence a rulemaking to determine whether or not, for purposes of this section and section 12009 of this Act, the blood alcohol concentration level at or above which a person when operating a commercial motor vehicle is deemed to be driving while under the influence of alcohol should be reduced from 0.10 to 0.04 percent (or some other percentage less than 0.10). (3) ISSUANCE OF RULE.—Not later than 2 years after the date of the enactment of this title, the Secretary shall issue a rule which establishes, for purposes of this section and section 12009 of this Act, the blood alcohol concentration level at or above which a person when operating a commercial motor vehicle shall be deemed to be driving while under the influence of alcohol at 0.10 percent or such lesser percentage as the Secretary determines appropriate. (4) FAILURE OF THE SECRETARY TO ISSUE RULE.—If the Secretary

does not issue a rule described in paragraph (3) in the 2-year period beginning on the date of the enactment of this title, for purposes of this section and section 12009 of this Act, the blood alcohol concentration level at or above which a person operating a commercial motor vehicle shall be deemed to be driving while under the influence of alcohol shall be 0.04 percent. 49 USC app. 2708

• i t --A .^ure-ij

SEC. 12009. REQUIREMENTS FOR STATE PARTICIPATION.

(a) IN GENERAL.—In order not to have funds withheld under section 12011 from apportionment, each State shall comply with the following requirements: (1) TESTING PROGRAM.—The State shall adopt and administer ivi a program for testing and ensuring the fitness of persons to operate commercial motor vehicles in accordance with all of the minimum Federal standards established by the Secretary under .::. section 12005(a).

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 PUBLIC LAW 99-570—OCT. 27, 1986 r

100 STAT. 3207-180

(2) TEST STANDARDS.—The State shall not issue a commercial driver's license to a person unless such person passes a w r i t t e n and driving test for the operation of a commercial motor vehicle which complies with such minimum standards. (3) D R IV I N G WHILE UNDER THE I N F L U E N C E. — The States h a l l

have in effect and enforce a law which provides that any person with a blood alcohol concentration level a t or above the level established by or under section 12008(f) when operating a ..-Ai commercial motor vehicle is deemed to be driving while under , the influence of alcohol. (4) CDL ISSUANCE A N D INFORMATION. — The States h a l l

au-

thorize a person to operate a commercial motor vehicle only by issuance of a commercial driver's license which contains the information described in section 12006(a)(3). (5) A D V A N C E NOTIFICATION O F LICENSING.—At least 60 d a y s

before issuance of a commercial driver's license or such shorter •r period as the Secretary may establish by regulation, the State t./ J shall notify the Secretary or the operator of the information system under section 12007, a s the case may be, of the proposed issuance of such license and such other information as the Secretary may require to e n s u r e identification of the person applying for such license. (6) INFORMATION REQUEST.—Before issuance of a commercial

driver's license to a person, the State shall request from any other State which has issued a commercial driver's license to such person all information p e r t a i n i n g to the driving record of such person. (7) NOTIFICATION OF L I C E N S I N G. — W i t h i n 30 days after

issu-

ance of a commercial driver's license, the State shall notify the Secretary or the operator of the information system under section 12007, as the case may be, of the issuance. (8) NOTIFICATION OF DISQUALIFICATIONS.—Within 10 d a y s after

i

disqualification of the holder of a commercial driver's license from operating a commercial motor vehicle (or after suspension, ,,; revocation, or cancellation of such license) for a period of 60 j days or more, the State shall notify— (A) the Secretary or the operator of the information system under section 12007, a s the case may be, and (B) the State which issued the license, of such disqualification, suspension, revocation, or cancellation. (9) NOTIFICATION O F TRAFFIC VIOLATIONS.—Within

10

days

after a person w h o operates a commercial motor vehicle, w h o has a driver's license issued by any other State, and w h o violates a State or local law relating to motor vehicle traffic control (other than a p a r k i n g violation) in the State, shall notify ei'.' a State official designated by the State which issued such license of such violation, within 10 days after the date such person is found to have committed such violation. (10) LIMITATION ON L I C E N S I N G. — The State shall not issue a

an. commercial driver's license to a person during a period in which such person is disqualified from operating a commercial motor vehicle or the driver's license of such person is suspended, revoked, or cancelled. (11) R E T U R N OF OLD LICENSES.—The State shall not issue a

commercial driver's license to a person who has a commercial xii • driver's license issued by any other State unless such person first r e t u r n s the driver's license issued by such other State.

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 100 STAT. 3207-181

PUBLIC LAW 99-570—OCT. 27, 1986

(12) DOMICILE REQUIREMENT.—The State shall issue commercial drivers' licenses only to those persons who operate or will operate commercial motor vehicles and are domiciled in the State; except that the State, in accordance with such regula' tions as the Secretary shall issue, may issue a commercial driver's license to a person who operates or will operate a commercial motor vehicle and who is not domiciled in a State which does issue commercial drivers' licenses. (13) PENALTY APPROVAL.—The State shall impose such penalties as the State determines appropriate and the Secretary approves for operating a commercial motor vehicle while not • having a commercial driver's license, while having a driver's license suspended, revoked, or cancelled, or while being disqualified from operating a commercial motor vehicle. ^ (14) RECIPROCITY.—The States shall allow any person— • (A) who has a commercial driver's license— (i) which is issued by any other State in accordance Jwith the minimum Federal standards for the issuance '• of such licenses, and fe (ii) which is not suspended, revoked, or cancelled; and fi; (B) who is not disqualified from operating a commercial motor vehicle; to operate a commercial motor vehicle in the State. (15) FIRST OFFENSES.—The State shall disqualify from operat* • ing a commercial motor vehicle for a period of not less than 1 year each person— (A) who is found to have committed a first violation— (i) of driving a commercial motor vehicle while under V' the influence of alcohol or a controlled substance, or -ohr:.. (ii) of leaving the scene of an accident involving a commercial motor vehicle operated by such person; or '(B) who uses a commercial motor vehicle in the commission of a felony (other than a felony described in paragraph (17)); '^ except that if the vehicle being operated or used in connection with such violation or the commission of such felony is transporting a hazardous material required by the Secretary to be placarded under section 105 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1804), the State shall disqualify such person from operating a commercial motor vehicle for a period of not less than 3 years. oi: •

(16) SECOND OFFENSES.— (A) GENERAL RULE.—Subject to subparagraph (B), the

State shall disqualify from operating a commercial motor vehicle for life each person— (' (i) who is found to have committed more than one violation of driving a commercial motor vehicle while under the influence of alcohol or a controlled sub»-i" stance; • -'t'^(ii) who is found to have committed more than one ' lorf.; violation of leaving the scene of an accident involving a ,nsb,..'. commercial motor vehicle operated by such person; (iii) who uses a commercial motor vehicle in the ' '^ '• " commission of more than one felony arising out of r::.-'' different criminal episodes; or '-" • (iv)(I) who is found to have committed a violation ' j. •- .^* described in clause (i) or (ii), and

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 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-182

(II) who is found to have committed a violation described in the other of such clauses or uses a commercial motor vehicle in the commission of a felony. (B) SPECIAL RULE.—The State, in accordance with such guidelines (including conditions) as the Secretary may establish by regulation, may reduce a disqualification for life in accordance with subparagraph (A) to a period of not less than 10 years. (17) DRUG OFFENSES.—The State shall disqualify from 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 dispense a controlled substance. (18) SECOND SERIOUS TRAFFIC VIOLATION.—The State 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 vehicle operated by such person. (19) THIRD SERIOUS TRAFFIC VIOLATION.—The State 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. (20) NATIONAL DRIVER REGISTER INFORMATION.—Before issuing a commercial driver's license to operate a commercial motor vehicle to any person, the State shall request the Secretary for information from the National Driver Register established pursuant to the National Driver Register Act of 1982 (23 U.S.C. 401 note) (after such Register is determined by the Secretary to be operational)— (A) on whether such person has been disqualified from operating a motor vehicle (other than a commercial motor vehicle); / (B) on whether such person has had a license (other than a license authorizing such person to operate a commercial .1 motor vehicle) suspended, revoked, or cancelled for cause in the 3-year period ending on the date of application for such commercial driver's license; and ''^ (C) on whether such person has been convicted of any of the offenses specified in section 205(a)(3) of such Act. The State shall give full weight and consideration to such information in deciding whether to issue a commercial driver's license to such person. (21) OUT OF SERVICE REGULATIONS.—The State shall adopt and enforce any regulations issued by the Secretary under section 12008(d)(l). O> SATISFACTION OF STATE DISQUALIFICATION REQUIREMENT.—A t)

State may satisfy the requirements of subsection (a) that the State disqualify a person who operates a commercial motor vehicle if the State suspends, revokes, or cancels the driver's license issued to such person in accordance with the requirements of such subsection. (c) NOTIFICATION.—Not later than 30 days after being notified by a State of the proposed issuance of a commercial driver's license to any person, the Secretary or the operator of the information system under section 12007, as the case may be, shall notify such State of whether or not such person has a commercial driver's license issued

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Page:United States Statutes at Large Volume 100 Part 4.djvu/462

 100 STAT. 3207-183

PUBLIC LAW 99-570—OCT. 27, 1986

by any other State or has been disqualified from operating a commercial motor vehicle by any other State or the Secretary. State and local £rov6rn.niGnts

49 USC app. 2709.

SKC. 12010. (JRANT PKOCRAM.

(a) ESTABLISHMENT.—The Secretary may make a grant to a State in a fiscal year if the State enter s into a n a g r e e m e n t with the Secretary to participate in such fiscal year in the commercial driver's license program established by this title and the information system required by this title and to comply with the requirements of section 12009. (b) MINIMUM AMOUNT OF GRANT.—The Secretary shall determine

the amount of grants in a fiscal year to be made under this section to a State eligible to receive such grants in the fiscal year; except that— (1) such State shall not be granted less than $100,000 under this section in the fiscal year; and (2) to the extent that any States are granted more than $100,000 per State in the fiscal year under this section, the Secretary shall ensure that such States are treated equitably. (c) LIMITATION ON USE OF FUNDS.—A State receiving a grant under this section may only use the funds provided under such grant for issuing commercial driver's licenses and complying with the requirements of section 12009. (d) CONTRACT AUTHORITY.—Notwithstanding any other provision of law, approval by the Secretary of a grant to a State under this section shall be deemed to be a contractual obligation of the United States for payment of the amount of the grant. (e) PERIOD OF AVAILABILITY.—Funds made available to carry out this section shall remain available for obligation by the State for the fiscal year for which such funds are made available. Any of such funds not obligated before the last day of such period shall no longer be available to such State and shall be available to the Secretary for carrying out the purposes of this title. Funds made available pursuant to this section shall remain available until expended. (f) FUNDING.—There shall be available to the Secretary to carry out this section $5,000,000 from funds made available to carry out section 404 of the Surface Transportation Assistance Act of 1982 for Post, p. 3207-186. each of fiscal years 1989, 1990, and 1991. 49 USC app. 2710.

SEC. 12011. WITHHOLDING OF HIGHWAY FUNDS FOR STATE NONCOMPLIANCE.

(a) FIRST YEAR.—The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of title 23, United States Code, on the first day of the fiscal year succeeding the first fiscal year beginning after September 30, 1992, throughout which the State does not substantially comply with any requirement of section 12009(a) of this Act. (b) AFTER THE FIRST YEAR.—The Secretary shall withhold 10

percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of such title on the first day of each fiscal year after the second fiscal year beginning after September 30, 1992, throughout which the State does not substantially comply with any requirement of section 12009(a) of this Act. (c) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NONCOMPLIANCE.^ .,

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 PUBLIC LAW 99-570—OCT. 27, 1986 V a) s

100 STAT. 3207-184

(1) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30, 1995.— (A) PERIOD OF AVAILABILITY.—Any funds withheld under this section from apportionment to any State on or before ^'"September 30, 1995, shall remain available for apportionment to such State as follows: (i) If such funds would have been apportioned under section 104(b)(5)(B) of such title but for this section, 23 USC 104. such funds shall remain available until the end of the second fiscal year following the fiscal year for which such funds are authorized to be appropriated. (ii) If such funds would have been apportioned under section 104(b)(1), 104(b)(2), or 104(b)(6) of such title but for this section, such funds shall remain available until the end of the third fiscal year following the fiscal year for which such funds are authorized to be appropriated. (B) FUNDS WITHHELD AFTER SEPTEMBER 30, 1995.—No funds withheld under this subsection from apportionment to any State after September 30, 1995, shall be available for apportionment to such State. (2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLIANCE.—

If, before the last day of the period for which funds withheld under this section from apportionment are to remain available for apportionment to a State under paragraph (1), the State substantially complies with all of the requirements of section 12009(a) of this Act for a period of 365 days, the Secretary shall on the day following the last day of such period apportion to such State the withheld funds remaining available for apportionment to such State. (3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED

FUNDS.—Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end of the third fiscal year succeeding the fiscal year in which such funds are apportioned. Sums not obligated at the end of such period shall lapse or, in the case of funds apportioned under section 104(b)(5) of such title, shall lapse and be made available by the Secretary for projects in accordance with section 118(b) of such title. (4) EFFECT OF NONCOMPLIANCE.—If, at the end of the period for

which funds withheld under this section from apportionment are available for apportionment to a State under paragraph (1), the State has not substantially complied with all of the requirements of section 12009(a) of this Act for a 365-day period, such funds shall lapse or, in the case of funds withheld from apportionment under section 104(b)(5) of such title, such funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b) of such title. SEC. 12012. PENALTIES.

(a) NOTICE OF VIOLATION.—Paragraph (1) of section 521(b) of title 49, United States Code, is amended by inserting "or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986" after "the Motor Carrier Safety Act of 1984" and by striking out "section" the second place it appears and inserting in lieu thereof "sections". (b) CIVIL PENALTIES.—Paragraph (2) of such section is amended, by inserting "(A) IN GENERAL.—" before "Except as", by inserting "(other than subparagraph (B))" before ", except for recordkeeping

23 USC 104. 23 USC 118.

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