text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/338

 100 STAT. 3207-59 20 USC 4601 note.

PUBLIC LAW 99-570—OCT. 27, 1986

SEC. 1938. AUTHORIZATION.

There are hereby authorized to be appropriated $2,000,000 for fiscal year 1988 for purposes of this subtitle. '. Subtitle T—Common Carrier Operation Under the Influence of Alcohol or Drugs ssq m SEC. 1971. OFFENSE. (a) Part I of title 18, United States Code, is amended by inserting after chapter 17, the following:

"CHAPTER 17A—COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.^^,,

^,., "Sec.

•• '

-•'

-^.-^

-

^ -:

"341. Definitions. " ' -•* "342. Operation of a common carrier under the influence of alcohol or drugs. "343. Presumptions. 18 USC 341.

"§ 341. Definitions ^ "As used in this chapter, the term 'common carrier' means a rail carrier, a sleeping car carrier, a bus transporting passengers in interstate commerce, a water common carrier, and an air common carrier.

18 USC 342.

"§ 342. Operation of a common carrier under the influence of alcohol or drugs "Whoever operates or directs the operation of a common carrier while under the influence of alcohol or drugs, shall be imprisoned not more than five years or fined not more than $10,000, or both.

18 USC 343.

"§ 343. Presumptions •> "For purposes of this chapter— "(1) an individual with a blood alcohol content of.10 or more shall be conclusively presumed to be under the influence of alcohol; and "(2) an individual shall be conclusively presumed to be under the influence of drugs if the quantity of the drug in the system of the individual would be sufficient to impair the perception, mental processes, or motor functions of the average individual.". 03) The table of chapters for part I of title 18, United States Code, is amended by adding after the item for chapter 17 the following: "17A. Common Carrier Operation Under the Influence of Alcohol or Drugs

Federal Drug Law Enforcement Agent Protection Act of 1986. 21 USC 801 note.

Subtitle U—Federal Drug Law Enforcement Agent Protection Act of 1986 SEC. 1991. SHORT TITLE.

This subtitle may be cited as the "Federal Drug Law Enforcement Agent Protection Act of 1986". SEC. 1992. AMENDMENT TO THE CONTROLLED SUBSTANCES ACT.

Subsection (e) of section 511 of the Controlled Substances Act (21 U.S.C. 881(e)) is amended by—

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/339

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-60

(1) inserting after "(e)" the following: "(1)"; (2) redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively; and (3) striking out the matter of following subparagraph (D), as redesignated, and inserting in lieu thereof the following: "(2)(A) The proceeds from any sale under subparagraph (B) of paragraph (1) and any moneys forfeited under this title shall be used to pay— "(i) all property expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs; and "(ii) awards of up to $100,000 to any individual who provides original information which leads to the arrest and conviction of a person who kills or kidnaps a Federal drug law enforcement agent. Any award paid for information concerning the killing or kidnapping of a Federal drug law enforcement agent, as provided in clause (ii), shall be paid at the discretion of the Attorney General. "(B) The Attorney General shall forward to the Treasurer of the United States for deposit in accordance with section 524(c) of title 28, United States Code, any amounts of such moneys and proceeds remaining after payment of the expenses provided in subparagraph (A).". TITLE II—INTERNATIONAL NARCOTICS CONTROL

, K^^*

,.^^. '' "

International

i.. SEC. 2001. SHORT TITLE.

Narcotics Control Act of 1986.

This title may be cited as the "International Narcotics Control Act of 1986".

22 USC 2151 ''°^-

SEC. 2002. ADDITIONAL FUNDING FOR INTERNATIONAL NARCOTICS CONTROL ASSISTANCE AND REGIONAL COOPERATION.

Section 482(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291a(a)(l); authorizing appropriations for assistance for international narcotics control) is amended— (1) by striking out "$57,529,000 for the fiscal year 1987" and inserting in lieu thereof "$75,445,000 for the fiscal year 1987"; and (2) by adding at the end the following: "In addition to the amounts authorized by the preceding sentence, there are authorized to be appropriated to the President $45,000,000 for the fiscal year 1987 to carry out the purposes of section 481, except that funds may be appropriated pursuant to this additional authorization only if the President has submitted to the Congress a detailed plan for the expenditure of those funds, including a description of how regional cooperation on narcotics control matters would be promoted by the use of those funds. Of the funds authorized to be appropriated by the preceding sentence, not less that $10,000,000 shall be available only to provide helicopters or other aircraft to countries receiving assistance for fiscal year 1987 under this chapter. These funds shall be used primarily for aircraft which will be based in Latin America for use for narcotics control eradication and interdiction efforts throughout the region. These aircraft shall be used solely for narcotics control, eradication, and interdiction efforts.".

22 USC 2291.

j««.

gijc -: •

�

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


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/340

 100 STAT. 3207-61

PUBLIC LAW 99-570—OCT. 27, 1986

SEC. 2003. AIRCRAFT PROVIDED TO FOREIGN COUNTRIES FOR NARCOTICS CONTROL PURPOSES: RETENTION OF TITLE AND RECORDS OF USE.

Chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.; relating to the international narcotics control assistance program) is amended by adding at the end the following new sections: ,;; 22 USC 2291c.

"SEC. 484. RETENTION OF TITLE TO AIRCRAFT.

"Any aircraft which, at any time after the enactment of this section, are made available to a foreign country under this chapter, or are made available to a foreign country primarily for narcoticsrelated purposes under any other provision of law, shall be provided only on a lease or loan basis. 22 USC 2291d.

"SEC. 485. RECORDS OF AIRCRAFT USE.

"(a) REQUIREMENT TO MAINTAIN RECORDS.—The Secretary of State shall maintain detailed records on the use of any aircraft made available to a foreign country under this chapter, including aircraft made available before the enactment of this section. "(b) CONGRESSIONAL ACCESS TO RECORDS.—The Secretary of State shall make the records maintained pursuant to subsection (a) available to the Congress upon a request of the Chairman of the Committee on Foreign Affairs of the House of Representatives or the Chairman of the Committee on Foreign Relations of the Senate.".

fc;.-

SEC. 2004. PILOT AND AIRCRAFT MAINTENANCE TRAINING FOR NARCOTICS CONTROL ACTIVITIES.

/

(a) EARMARKING OF FUNDS.—Not less than $2,000,000 of the funds made available for fiscal year 1987 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to international military education and training) shall be available only for education and training in the operation and maintenance of aircraft used in narcotics control interdiction and eradication efforts. (b) RELATIONSHIP TO INTERNATIONAL NARCOTICS CONTROL ASSISTANCE PROGRAM.—Assistance under this section shall be coordinated

with assistance provided under chapter 8 of part I of that Act (22 U.S.C. 2291 et seq.; relating to international narcotics control). (c) WAIVER OF SECTION 660.—Assistance may be provided pursuant

'• ' - '

to this section notwithstanding the prohibition contained in section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420; relating to police training). SEC.

22 USC 2291.

22 USC 2413.

2005. RESTRICTIONS ON THE PROVISION OF UNITED STATES ASSISTANCE.

(a) RESTRICTIONS.—Section 481(h) of the Foreign Assistance Act of 1961 is amended to read as follows: "(h)(1) Subject to paragraph (2), for every major illicit drug producing country or major drug-transit country— "(A) 50 percent of United States assistance allocated for such country notified to Congress in the report required under section 653(a) of this Act shall be withheld from obligation and expenditure; and "(B) on or after March 1, 1987, and on March 1 of each succeeding year, the Secretary of the Treasury shall instruct the United States Executive Director of the International Bank

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/341

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-62

for Reconstruction and Development, the United States Executive Director of the International Development Association, the United States Executive Director of the Inter-American Development Bank, and the United States Executive Director of the Asian Development Bank to vote against any loan or other utilization of the funds of their respective institution to or for such country. "(2)(A) The assistance withheld by paragraph (1)(A) may be obligated and expended and the provisions of paragraph (1)(B) shall not apply if the President determines, and so certifies to the Congress, at the time of the submission of the report required by subsection (e), that— "(i) during the previous year the country has cooperated fully with the United States, or has taken adequate steps on its own, 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; or "(ii) for a country that would not otherwise qualify for certification under subclause (i), the vital national interests of the United States require the provision of such assistance, or financing. "(B) If the President makes a certification pursuant to clause (A)(ii), he shall include in such certification— "(i) a full and complete description of the vital national interests placed at risk should assistance, or financing not be provided such country; and "(ii) a statement weighing the risk described in subclause (i) against the risks posed to the vital national interests of the United States by the failure of such country to cooperate fully with the United States in combatting narcotics or to take adequate steps to combat narcotics on its own. "(3) In making the certification required by paragraph (2) of this subsection, the President shall give foremost consideration to whether the actions of the government of the country have resulted in the maximum reductions in illicit drug production which were determined to be achievable pursuant to subsection (e)(4). The President shall also consider whether such government— "(A) has taken the legal and law enforcement measures to enforce in its territory, to the maximum extent possible, the elimination of illicit cultivation and the suppression of illicit manufacture of and traffic in narcotic and psychotropic drugs and other controlled substances, as evidenced by seizures of such drugs and substances and of illicit laboratories and the arrest and prosecution of violators involved in the traffic in such drugs and substances significantly affecting the United States; and "(B) has taken the legal and law enforcement steps necessary to eliminate, to the maximum extent possible, the laundering in that country of drug-related profits or drug-related monies, as evidence by— "(i) the enactment and enforcement of laws prohibiting such conduct, and

.v:

,

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/342

 100 STAT. 3207-63

90 Stat. 765.

22 USC 2291.

PUBLIC LAW 99-570—OCT. 27, 1986

"(ii) the willingness of such government to enter into r'; mutual legal assistance agreements with the United States •i>'4 governing (but not limited to) money laundering, and ir "(iii) the degree to which such government otherwise ivi cooperates with United States law enforcement authorities on anti-money laundering efforts. "(4)(A) The provisions of paragraph (1) shall apply without regard to paragraph (2) if the Congress enacts, within 30 days of continuous session after receipt of a certification under paragraph (2), a joint resolution disapproving the determination of the President contained in such certification. "(B)(i) Any such joint resolution shall be considered in the Senate in accordance with the provisions of section GOlO?) of the International Security Assistance and Arms Export Control Act of 1976. "(ii) For the purpose of expediting the consideration and enactment of joint resolution under this subsection, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. "(5) Any country for which the President has not made a certification under paragraph (2) or with respect to which the Congress has enacted a joint resolution disapproving such certification may not receive United States assistance as defined by subsection (i)(4) of this section or the financing described in paragraph (1)(B) of this subsection unless— "(A) the President makes a certification under paragraph (2) and the Congress does not enact a joint resolution of disapproval; or "(B) the President submits at any other time a certification of the matters described in paragraph (2) with respect to such country and the Congress enacts, in accordance with the procedures of paragraph (4), a joint resolution approving such certification.". (b) REPORTING DATE.—Section 481(e) of such Act is amended by striking out "February" and inserting in lieu thereof "March". (c) DEFINITION.—Section 481(i) of such Act is amended— "(1) by striking out "and" at the end of paragraph (3); "(2) by striking out the period at the end of paragraph (4) and inserting in lieu thereof "; and"; and "(3) by adding at the end thereof the following new paragraph: ,^. "(5) the term 'major drug-transit country' means a country— "(A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances 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.". (d) CHILD SURVIVAL FUND.—Section 481(i)(4) of such Act is amended by striking out "or (vi)" and inserting in lieu thereof "(vi) assistance from the Child Survival Fund under section 1049(c)(2) of this Act, or (vii)".

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/343

 PUBLIC LAW 99-570—OCT. 27, 1986 SEC. 2006. DEVELOPMENT ERADICATION.

OF

HERBICIDES

FOR

AERIAL

100 STAT. 3207-64 COCA

The Secretary of State shall use not less than $1,000,000 of the funds made available for fiscal year 1987 to carry out chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.; relating to international narcotics control) to finance research on and the development and testing of safe and effective herbicides for use in the aerial eradication of coca. SEC. 2007. REVIEW OF EFFECTIVENESS OF INTERNATIONAL NARCOTICS CONTROL ASSISTANCE PROGRAM.

22 USC 2291 note.

(a) REQUIREMENT FOR INVESTIGATION.—The Comptroller General

shall conduct a thorough and complete investigation to determine the effectiveness of the assistance provided pursuant to chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.; relating to international narcotics control). (b) REPORTS TO CONGRESS.— (1) PERIODIC REPORTS.—The

Comptroller General shall report to the Congress periodically as the various portions of the investigation conducted pursuant to subsection (a) are completed. (2) FINAL REPORT.—Not later than March 1, 1988, the Comptroller General shall submit a final report to the Congress on the results of the investigation. This report shall include such recommendations for administrative or legislative action as the Comptroller General finds appropriate based on the investigation.

r

SEC. 2008. EXTRADITION TO THE UNITED STATES FOR NARCOTICSRELATED OFFENSES.

Section 481(e)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(3); relating to the annual international narcotics control report) is amended by inserting after subparagraph (C) the following new subparagraph: "(D) A discussion of the extent to which such country has cooperated with the United States narcotics control efforts through the extradition or prosecution of drug traffickers, and, where appropriate, a description of the status of negotiations with such country to negotiate a new or updated extradition treaty relating to narcotics offenses.". SEC. 2009. FOREIGN POLICE ARREST ACTIONS.

Section 481(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(c); commonly known as the Mansfield amendment) is amended to read as follows: "(c)(1) No officer or employee of the United States may directly effect an arrest in any foreign country as part of any foreign police action with respect to narcotics control efforts, notwithstanding any other provision of law. This paragraph does not prohibit an officer or employee from assisting foreign officers who are effecting an arrest. "(2) Unless the Secretary of State, in consultation with the Attorney General, has determined that the application of this paragraph with respect to that foreign country would be harmful to the national interests of the United States, no officer or employee of the United States may engage or participate in any direct police arrest action in a foreign country with respect to narcotics control efforts, notwithstanding any other provision of law. Nothing in paragraph

^.,,, ^•

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/344

 100 STAT. 3207-65

PUBLIC LAW 99-570—OCT. 27, 1986

(1) shall be construed to allow United States officers or employees to engage or participate in activities prohibited by this paragraph in a country with respect to which this paragraph applies. "(3) Paragraphs (1) and (2) do not prohibit an officer or employee from taking direct action to protect life or safety if exigent circumstances arise which are unanticipated and which pose an immediate threat to United States officers or employees, officers or employees of a foreign government, or members of the public. "(4) With the agreement of a foreign country, paragraphs (1) and (2) shall not apply with respect to maritime law enforcement operations in the territorial sea of that country. "(5) No officer or employee of the United States may interrogate or be present during the interrogation of any United States person arrested in any foreign country with respect to narcotics control efforts without the written consent of such person. "(6) This subsection shall not apply to the activities of the United States Armed Forces in carrying out their responsibilities under applicable Status of Forces arrangements.". SEC. 2010. ISSUANCE OF DIPLOMATIC PASSPORTS FOR DRUG ENFORCEMENT ADMINISTRATION AGENTS ABROAD. Reports.

The Congress commends the decision of the Secretary of State to issue diplomatic passports, rather than official passports, to officials and employees of the Drug Enforcement Administration who are assigned abroad. The Secretary shall report to the Congress before making any change in this policy. SEC. 2011. INFORMATION-SHARING SO THAT VISAS ARE DENIED TO DRUG TRAFFICKERS.

(a) NEED FOR COMPREHENSIVE INFORMATION SYSTEM.—The Congress is concerned that the executive branch has not established a comprehensive information system on all drug arrests of foreign nationals in the United States so that information may be communicated to the appropriate United States embassies, even though the establishment of such a system is required by section 132 of the 8 USC 1182 note. Foreign Relations Authorization Act, Fiscal Years 1986 and 1987. Reports. (h) ESTABLISHMENT OF SYSTEM.—The executive branch shall act expeditiously to establish the comprehensive information system required by section 132 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, and submit to the Congress a report that the system has been established. SEC. 2012. CONDITIONS ON ASSISTANCE FOR BOLIVIA.

(a) OPERATION BLAST FURNACE.—(1) It is the sense of the Congress that— (A) the Government of Bolivia's recent drug interdiction operations in cooperation with the United States (Operation Blast Furnace) evinced a determination to combat the growing power of the narcotics trade and narcotics traffickers; (B) the operation has had a dramatic effect on the coca trade in that country by dropping the price of coca below the cost of production; (C) as a result of this operation the coca trade has in the short '*'^' term been sharply constricted; (D) the restoration of non-coca dependent economic growth in Bolivia is crucial to the achievement of long-term progress in controlling illicit narcotics production; and.,.....

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/345

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-66

(E) control of illicit drug production is crucial to the survival of democratic institutions and democratic government in Bolivia. (2) The Congress, therefore, applauds the demonstrated willingness of the Paz Estenssoro government, despite the risks of severe domestic criticism and disruptive economic consequences, to cooperate with the United States in Operation Blast Furnace. (b) CONDITIONS ON ASSISTANCE.—Paragraph (2) of section 611 of

the International Security and Development Cooperation Act of 1985 is amended by striking out subparagraphs (A) and (B) and inserting in lieu thereof the following: "(A) up to 50 percent of the aggregate amount of such assistance allocated for Bolivia may be provided at any time iij a'. after the President certifies to the Congress that Bolivia has engaged in narcotics interdiction operations which have significantly disrupted the illicit coca industry in Bolivia or has cooperated with the United States in such operations; t and "(B) the remaining amount of such assistance may be -J • provided at any time after the President certifies to the Congress that Bolivia has either met in calendar year 1986 the eradication targets for the calendar year 1985 contained i». in its 1983 narcotics agreements with the United States or . T,2 has entered into an agreement of cooperation with the United States for implementing that plan for 1987 and •foti; beyond (including numerical eradication targets) and is if. making substantial progress toward the plan's objectives, t: including substantial eradication of illicit coca crops and effective use of United States assistance. In the certification required by subparagraph (B), the President shall explain why the terms of the 1983 agreement proved unattainable and the reasons why a new agreement was necessary.".

r

'" 99 Stat. 230.

''?• i • ^

 * MB •,

>-

(c) RELATION TO OTHER PROVISIONS.—Nothing in the amendment

made by subsection (b) shall be construed as superseding any provision of section 481 of the Foreign Assistance Act of 1961. SEC. 2013. REPORTS AND COUNTRIES.

RESTRICTIONS

CONCERNING

CERTAIN

(a) REPORTS.—Not later than 6 months after the date of enactment of this Act and every 6 months thereafter, the President shall prepare and transmit to the Congress a report— (1) listing each major illicit drug producing country and each major drug-transit country— s (A) which, as a matter of government policy, encourages in&i' or facilitates the production or distribution of illegal drugs; (B) in which any senior official of the government of such s country engages in, encourages, or facilitates the produc.: tion or distribution of illegal drugs; (C) in which any member of an agency of the United States Government engaged in drug enforcement activities since January 1, 1985, has suffered or been threatened with 1/ violence, inflicted by or with the complicity of any law enforcement or other officer of such country or any political -: subdivision thereof; or (D) which, having been requested to do so by the United States Government, fails to provide reasonable cooperation ^\.-, to lawful activities of United States drug enforcement

Ante, pp. 320761—3207-64. 22 USC 2291-1.

President of U.S.

'

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/346

 100 STAT. 3207-67

PUBLIC LAW 99-570—OCT. 27, 1986

agents, including the refusal of permission to such agents engaged in interdiction of aerial smuggling into the United States to pursue suspected aerial smugglers a reasonable distance into the airspace of the requested country; and (2) describing for each country listed under paragraph (1) the activities and identities of officials whose activities caused such country to be so listed. Banks and (b) RESTRICTIONS.—No United States assistance may be furnished banking. to any country listed under subsection (a)(1), and the United States representative to any multilateral development bank shall vote to oppose any loan or other use of the funds of such bank for the benefit of any country listed under subsection (a)(1), unless the President certifies to the Congress that— (1) overriding vital national interests require the provision of such assistance; (2) such assistance would improve the prospects for cooperation with such country in halting the flow of illegal drugs; and (3) the government of such country has made bona fide efforts to investigate and prosecute appropriate charges for any crime described in subsection (a)(1)(C) which may have been committed in such country. (c) RELATION TO OTHER PROVISIONS.—The restrictions contained in subsection (b) are in addition to the restrictions contained in section Ante, p. 3207-61. 481(h) of the Foreign Assistance Act of 1961 or any other provision of law. (d) DEFINITIONS.—For purposes of this section, the terms "major illicit drug producing country", "major drug-transit country", and "United States assistance" have the same meaning as is given to Ante, p. 3207-63. those terms by section 481(i) of the Foreign Assistance Act of 1961. SEC. 2014. COMBATING NARCOTERRORISM.

,

>

(a) FINDING.—The Congress finds that the increased cooperation and collaboration between narcotics traffickers and terrorist groups constitutes a serious threat to United States national security interests and to the political stability of numerous other countries, particularly in Latin America. (b) IMPROVED CAPABILITY FOR RESPONDING TO NARCOTERRORISM.—

The President shall take concrete steps to improve the capability of the executive branch— .H '.i \C,!;,»pi (1) to collect information concerning the links between narcotics traffickers and the acts of terrorism abroad, and f (2) to develop an effective and coordinated means for responding to the threat which those links pose. President of U.S. Not later than 90 days after the date of enactment of this Act, the Reports. President shall report to the Congress on the steps taken pursuant to this subsection. (c) ADMINISTRATION OF JUSTICE PROGRAM.—Of the amounts made available for fiscal year 1987 to carry out section 534 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346c; relating to the administration of justice program), funds may be used to provide to Colombia or other countries in the region such assistance as they may request for protection of judicial or other officials who are targets of narcoterrorist attacks. (d) REWARD CONCERNING JORGE LUIS OCHOA VASQUEZ.—It is

the

sense of the Congress that the authority of section 36(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)), as amended by section 502(a) of the Omnibus Diplomatic Security and

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/347

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-68

Antiterrorism Act of 1986 (Public Law 99-399; enacted August 27, 1986), should be used expeditiously to establish a reward of up to $500,000 for information leading to the arrest or conviction of Jorge Luis Ochoa Vasquez for narcotics-related offenses. SEC. 2015. INTERDICTION PROCEDURES FOR VESSELS OF FOREIGN REGISTRY.

46 USC app. 1902 note.

(a) FINDINGS.—The Congress finds that— (1) the interdiction by the United States Coast Guard of vessels suspected for carrying illicit narcotics can be a difficult procedure when the vessel is of foreign registry and is located beyond the customs waters of the United States; (2) before boarding and inspecting such a vessel, the Coast Guard must obtain consent from either the master of the vessel or the country of registry; and (3) this process, and obtaining the consent of the country of registry to further law enforcement action, may delay the interdiction of the vessel by 3 or 4 days, (b) NEGOTIATIONS CONCERNING INTEEDICTION PROCEDURES.—

(1) The Congress urges the Secretary of State, in consultation with the Secretary of the department in which the Coast Guard is operating, to increase effects to negotiate with relevant countries procedures which will facilitate interdiction of vessels suspected of carrying illicit narcotics. (2) If a country refuses to negotiate with respect to interdiction procedures, the President shall take appropriate actions directed against that country, which may include the denial of access to United States ports to vessels registered in that country. (3) The Secretary of State shall submit reports to the Congress semiannually identifying those countries which have failed to negotiate with respect to interdiction procedures.

Reports.

SEC. 2016. ASSESSMENT OF NARCOTICS TRAFFICKING FROM AFRICA.

The President shall direct that an updated threat assessment of narcotics trafficking from Africa be prepared. If it is determined that an increased threat exists, the assessment shall examine the need for the United States to provide increased narcotics control training for African countries. SEC. 2017. POLICY TOWARD MULTILATERAL DEVELOPMENT BANKS.

Section 481(a) of the Foreign Assistance Act of 1961 is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: "(3) In order to promote international cooperation in combatting international trafficking in illicit narcotics, it shall be the policy of the United States to use its voice and vote in multilateral development banks to promote the development and implementation in the major illicit drug producing countries of programs for the reduction and eventual eradication of narcotic drugs and other controlled substances, including appropriate assistance in conjunction with effective programs of illicit crop eradication.".

22 USC 2291.

SEC. 2018. MULTILATERAL DEVELOPMENT BANK ASSISTANCE FOR DRUG ERADICATION AND CROP SUBSTITUTION PROGRAMS.

22 USC 2291 note.

(a) MDB ASSISTANCE FOR DEVELOPMENT AND IMPLEMENTATION OF DRUG ERADICATION PROGRAM.—The Secretary of the Treasury shall

Mexico.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/348

 100 STAT. 3207-69

PUBLIC LAW 99-570—OCT. 27, 1986

instruct the United States Executive Directors of the multilateral development banks to initiate discussions with other Directors of their respective banks and to propose that all possible assistance be provided to each major illicit drug producing country for the development and implementation of a drug eradication program, including technical assistance, assistance in conducting feasibility studies and economic analyses, and assistance for alternate economic activities. (b) INCREASES IN MULTILATERAL DEVELOPMENT BANK LENDING FOR CROP SUBSTITUTION PROJECTS.—The Secretary of the Treasury shall

instruct the United States Executive Directors of the multilateral development banks to initiate discussions with other Directors of their respective banks and to propose that each such bank increase the amount of lending by such bank for crop substitution programs which will provide an economic alternative for the cultivation or production of illicit narcotic drugs or other controlled substances in major illicit drug producing countries, to the extent such countries develop and maintain adequate drug eradication programs. (c) NATIONAL ADVISORY COUNCIL REPORT.—The Secretary of

the

Treasury shall include in the annual report to the Congress by the National Advisory Council on International Monetary and Financial Policies a detailed accounting of the manner in which and the extent to which the provisions of this section have been carried out. (d) DEFINITIONS.—For purposes of this section— (1) MULTILATERAL DEVELOPMENT BANK.—The term "multilateral development bank" means the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the African Development Bank, and the Asian Development Bank. (2) MAJOR ILLICIT DRUG PRODUCING COUNTRY.—The term "major illicit drug producing country" has the meaning provided in section 481(i)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(i)(2)). (3) NARCOTIC DRUG AND CONTROLLED SUBSTANCE.—The terms "narcotic drug" and "controlled substance" have the meanings given to such terms in section 102 of the Controlled Substances Act (21 U.S.C. 802). SEC. 2019. DRUGS AS A NATIONAL SECURITY PROBLEM. President of U.S. The Congress hereby declares that drugs are a national security problem and urges the President to explore the possibility of engagT ^i ing such essentially security-oriented organizations as the North Atlantic Treaty Organization in cooperative drug programs. SEC. 2020. FINDINGS CONCERNING GREATER INTERNATIONAL EFFORT TO ADDRESS DRUG THREAT. The Congress finds that— (1) in response to the growing narcotics threat to the international community— (A) the Single Convention on Narcotic Drugs, 1961, the . 1972 Protocol amending that Convention, and the Convention on Psychotropic Substances were adopted under United Nations auspices, and '; (B) the United Nations has created various entities to deal with drug abuse control and prevention; and
 * t, o;!-i

f > (2) a greater international effort is required to address this i i threat, such as additional or increased contributions by other

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/349

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-70

countries to the United Nations Fund for Drug Abuse and Control and greater coordination of enforcement and eradication efforts. SEC. 2021. INTERNATIONAL CONFERENCE ON DRUG ABUSE AND ILLICIT TRAFFICKING.

(a) CONGRESSIONAL SUPPORT.—The Congress hereby declares its support for United Nations General Assembly Resolution 40/122 adopted on December 13, 1985, in which the General Assembly decided to convene in 1987, an International Conference on Drug Abuse and Illicit Trafficking in order to generate universal action to combat the drug problem in all its forms at the national, regional, and international levels, and to adopt a comprehensive outline of future activities. O> UNITED STATES PARTICIPATION.—With respect to United States t)

participation in the International Conference on Drug Abuse and Illicit Trafficking, the Congress calls on the President— (1) to appoint the head of the United States delegation well in advance of the conference; and ^ (2) to ensure that necessary resources are available for United States preparation and participation. (c) REPORT TO CONGRESS.—Not later than April 30, 1987, the President of U.S. President shall report to the Congress on the status of United States preparations for the International Conference on Drug Abuse and Illicit Trafficking, incuding the status of naming the delegation, the issues expected to arise, and United States policy initiatives to be taken at the conference. SEC. 2022. EFFECTIVENESS OF INTERNATIONAL DRUG PREVENTION AND CONTROL SYSTEM.

(a) STUDY.—The United States should seek to improve the program and budget effectiveness of United Nations entities related to narcotics prevention and control by studying the capability of existing United Nations drug-related declarations, conventions, and entities to heighten international awareness and promote the necessary strategies for international action, to strengthen international cooperation, and to make effective use of available United Nations funds. (b) REPORT TO CONGRESS.—Not later than April 30, 1987, the President of U.S. President shall report to the Congress any recommendations that may result from this study. SEC. 2023. NARCOTICS CONTROL CONVENTIONS.

The Congress— (1) urges that the United Nations Commission on Narcotic Drugs complete work as quickly as possible, consistent with the ^ objective of obtaining an effective agreement, on a new draft convention against illicit traffic in narcotic drugs and psychotropic substances, in accordance with the mandate given the Commission by United Nations General Assembly Resolution 39/141; and ' (2) calls for more effective implementation of existing conventions relating to narcotics. SEC. 2024. MEXICO-UNITED STATES INTERGOVERNMENTAL COMMISSION.

(a) NEGOTIATIONS TO ESTABLISH.—In accordance with the resolution adopted by the 26th Mexico-United Interparliamentary

President of U.S.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/350

 100 STAT. 3207-71

PUBLIC LAW 99-570—OCT. 27, 1986

Conference which recommended that the Government of Mexico and the Government of the United States establish a Mexico-United States Intergovernmental Commission on Narcotics and Psychotropic Drug Abuse and Control, the President should direct the Secretary of State, in conjunction with the National Drug Enforcement Policy Board, to enter into negotiations with the Government of Mexico to create such a joint intergovernmental commission. (b) MEMBERSHIP.—The commission, which should meet semiannually, should include members of the Mexican Senate and Chamber of Deputies and the United States House of Representatives and Senate, together with members of the Executive departments of each Government responsible for drug abuse, education, prevention, treatment, and law enforcement. (c) REPORT TO CONGRESS.—Not later than 90 days after the date of enactment of this Act, the Secretary of State shall report to the Congress on the progress being made in establishing a commission in accordance with subsection (a). SEC. 2025. OPIUM PRODUCTION IN PAKISTAN.

MHV,.•::••-

(a) FINDINGS.—The Congress finds that— (1) the production of opium in Pakistan is expected to more .\-', than double in the 1985-1986 growing season, posing an increased threat to the health and welfare of the people of Pakistan and the people of the United States; and (2) despite past achievements, the current eradication program in Pakistan, which employs manual eradication of opium poppies, has proven inadequate to meet this new challenge. (b) NEED FOR MORE EFFECTIVE DRUG CONTROL PROGRAM.—The

Congress urges that the Government of Pakistan adopt and implement a comprehensive narcotics control program which would provide for more effective prosecution of drug traffickers, increased interdiction, and aerial eradication of opium poppies. (c) REPORT TO CONGRESS.—The Secretary of State shall report to the Congress not later than 60 days after the date of enactment of this Act with Respect to the adoption and implementation by the Government of Pakistan of a comprehensive narcotics control program in accordance with subsection (b). SEC. 2026. OPIUM PRODUCTION IN IRAN, AFGHANISTAN, AND LAOS.

President of U.S.

'

The Congress calls on the President to instruct the United States Ambassador to the United Nations to request that the United Nations Secretary General raise with delegations to the International Conference on Drug Abuse and Illicit Trafficking the problem of illicit drug production in Iran, Afghanistan, and Laos, the largest opium poppy producing countries which do not have narcotics control programs. SEC. 2027. INCREASED FUNDING FOR USIA DRUG EDUCATION PROGRAMS.

EJrin4mbsm^.

In. addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated for the United States Information Agency for fiscal year 1987 $2,000,000 which shall be available only for increasing drug education programs abroad. These programs may include— (1) the distribution of films and publications which demonstrate the impact of drugs on crime and health; and -ul. (2) exchange of persons programs and international visitor >if programs involving students, educators, and scientists.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/351

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-72

SEC. 2028. INCREASED FUNDING FOR AID DRUG EDUCATION PROGRAMS.

In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated to the President for fiscal year 1987 $3,000,000 to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, which amount shall be used pursuant to section 1260t>)(2) of that Act for additional activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries. SEC. 2029. REPORTS TO CONGRESS ON DRUG EDUCATION PROGRAMS ABROAD. The Director of the United States Information Agency and the Administrator of the Agency for International Development shall include in their annual reports to the Congress a description of the drug education programs carried out by their respective agencies.

22 USC 2151. 22 USC 2151x.

22 USC 2291 note.

SEC. 2030. NARCOTICS CONTROL EFFORTS IN MEXICO. (a) CONGRESSIONAL FINDINGS.—The Congress finds—

(1) in their meeting in August 1986, President de la Madrid Hurtado and President Reagan recognized the unique relationship between our two countries and the importance and the ^. desire to respect the sovereignty of each nation; (2) further, the United States Government has actively worked to support the Mexican Government in easing its international '' debt burden; (3) both Presidents pledged their cooperation in drug eradii cation, enforcement and education; and i (4) this pledge of cooperation has not been realized fully because of the inadequate response of the Mexican Government in— •. (A) fully investigating the 1985 murders of U.S. Drug Enforcement Administration agent Enrique Camarena Salazar and his pilot, Alfredo Zavala Avelar; (B) fully investigating the 1986 detention and torture of U.S. Drug Enforcement Administration agent Victor Cortez, Junior; (C) bringing to trial and effectively prosecuting those responsible for the Camarena and Zavala murders and those responsible for the detention and torture of Cortez; <•»" (D) using effectively and efficiently the fleet of aircraft provided by the United States government for drug eradication and interdiction; and (E) preventing drug trafficking and drug-related violence on the United States-Mexican border. (b) MEASURES TO B E CONSIDERED.—Therefore, it is the sense of President of U.S Congress that unless substantial progress is demonstrated in the near future on the issues described in subsection (A)(4), the President should consider taking one or more of the following measures: (1) imposition of a mandatory travel advisory for all of « Mexico; (2) restrictions on foreign assistance (including further disbursements from the Exchange Stabilization Fund and FedV eral Reserve Bank); (3) denial of favorable tariff treatment for Mexican products; 3^ (4) denial of favorable U.S. votes in multilateral development s banks.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/352

 100 STAT. 3207-73

PUBLIC LAW 99-570—OCT. 27, 1986

(c) PROSECUTION OF THOSE RESPONSIBLE FOR THE TORTURE AND MURDER OF D E A AGENTS.—Of the funds allocated for assistance for

• r:20 J ' •3 0^ ] i '

'- i.'

National Drug Interdiction Iniprovement Act of 1986.

Mexico for fiscal year 1987 under chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.; relating to international narcotics control), $1,000,000 shall be withheld from expenditure until the President reports to the Congress that the Government of Mexico— (1) has fully investigated the 1985 murders of Drug Enforcement Administration agent Enrique Camarena Salazar and his -iJ// pilot Alfredo Zavala Avelar; (2) has fully investigated the 1986 detention and torture of Drug Enforcement Administration agent Victor Cortez, Junior; and (3) has brought to trial and is effectively prosecuting those responsible for those murders and those responsible for that detention and torture. TITLE III—INTERDICTION

'J v < ,

SEC. 3001. SHORT TITLE.

21 USC 801 note.

This title may be cited as the "National Drug Interdiction Improvement Act of 1986".

21 USC 801 note.

SEC. 3002. FINDINGS.

'

•.

'

'

The Congress hereby finds that— w x (1) a balanced, coordinated, multifaceted strategy for combating the growing drug abuse and drug trafficking problem in the United States is essential in order to stop the flow and abuse of drugs within our borders; (2) a balanced, coordinated, multifaceted strategy for combat: f^"-. ing the narcotics drug abuse and trafficking in the United ';' States should include— (A) increased investigations of large networks of drug ' - smuggler organizations; n.. (B) source country drug eradication; (C) increased emphasis on stopping narcotics traffickers in countries through which drugs are transshipped; (D) increased emphasis on drug education programs in

the schools and workplace; ..:.• • J. (E) increased Federal Government assistance to State and t-i'; local agencies, civic groups, school systems, and officials in their efforts to combat the drug abuse and trafficking ' 'problem at the local level; and (F) increased emphasis on the interdiction of drugs and }•' i." i li vi aiH drug smugglers at the borders of the United States, in the air, at sea, and on the land; (8) funds to support the interdiction of narcotics smugglers who threaten the transport of drugs through the air, on the sea, and across the land borders of the United States should be same extent as the other elements of a comprehensive antidrug effort are emphasized; t i (4) the Department of Defense and the use of its resources should be an integral part of a comprehensive, natonal drug interdiction program; ' ' (5) the Federal Government civilian agencies engaged in drug interdiction, particularly the United States Customs Service
 * ' emphasized in the Federal Government budget process to the

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/353

 PUBLIC LAW 99-570—OCT. 27, 1986

r t 1 -:

100 STAT. 3207-74

and the Coast Guard, currently lack the aircraft, ships, radar, command, control, communications, and intelligence (C3I) system, and manpower resources necessary to mount a comprehensive attack on the narcotics traffickers who threaten the United States; (6) the civilian drug interdiction agencies of the United States are currently interdicting only a small percentage of the illegal, drug smuggler penetrations in the United States every year; (7) the budgets for our civilian drug interdiction agencies, primarily the United States Customs Service and the Coast Guard, have not kept pace with those of the traditional investigative law enforcement agencies of the Department of Justice; and (8) since the amendment of the Posse Comitatus Act (18 U.S.C. 1385) in 1981, the Department of Defense has assisted in the effort to interdict drugs, but they can do more.

SEC. 3003. PURPOSES.

,, < ^ v-,

21 USC 801 note.

It is the purpose of this title— (1) to increase the level of funding and resources available to j; civilian drug interdiction agencies of the Federal Government; (2) to increase the level of support from the Department of Defense as consistent with the Posse Comitatus Act, for interdiction of the narcotics traffickers before such traffickers penetrate the borders of the United States; and (3) to improve other drug interdiction programs of the Federal Government. Subtitle A—Department of Defense Drug Interdiclion Assistance SEC. 3051. SHORT TITLE.

This subtitle may be cited as the "Defense Drug Interdiction Assistance Act". SEC. 3052. AUTHORIZATION. (a) AUTHORIZATION OF APPROPRIATIONS FOR ENHANCED DRUG INTERDICTION ACTIVITIES.—Funds are hereby authorized to be appro-

priated to the Department of Defense for fiscal year 1987 for enhancement of drug interdiction assistance activities of the Department as follows: (1) For procurement of aircraft for the Navy, $138,000,000, to be available for (A) the refurbishment and upgrading, for drug interdiction purposes, of four existing E-2C Hawkeye surveillance aircraft or any other aircraft of the Navy which the Secretary considers better suited than E-2C Hawkeye surveil& lance aircraft to perform the drug interdiction mission, and (B) > f the procurement of four replacement aircraft (of the same type of aircraft refurbished and upgraded under the authorization in »( this paragraph) and related spares for the Navy. f (2) For procurement of seven radar aerostats, $99,500,000. sr (3) For procurement of eight Blackhawk helicopters, $40,000,000. (b) LOAN OF EQUIPMENT TO LAW ENFORCEMENT AGENCIES.—(1)(A)

The Secretary of Defense shall make two of the existing aircraft refurbished and upgraded under subsection (a)(1) available to the Customs Service and the other two of such existing aircraft available to the Coast Guard.

Defense Drug Interdiction f.^^l^^^'VS?. note. 10 USC 371 ^^^:

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/354

 100 STAT. 3207-75

21 USC 1201 ^o^10 USC 371 et
 * ^9-

.y;,.„

PUBLIC LAW 99-570—OCT. 27, 1986

(B) The Customs Service and the Coast Guard shall each have the responsibility for operation and maintenance costs attributable to the aircraft made available to the Customs Service and the Coast Guard, respectively, under subparagraph (A). (2) The Secretary of Defense shall make the radar aerostats acquired under subsection (a)(2) and the helicopters acquired under subsection (a)(3) available to agencies of the United States designated by the National Drug Enforcement Policy Board established by the National Narcotics Act of 1984. (3) Aircraft and radar aerostats shall be made available to agencies under this subsection subject to the provisions of chapter 18 of title 10, United States Code. (c) LIMITATION ON PROCUREMENT.—Amounts appropriated

or

otherwise made available to the Department of Defense for procurement for fiscal year 1987 or any prior fiscal year may be obligated for equipment for enhancement of authorized drug enforcement «,! V activities of the Department of Defense under subsection (a) or any other provision of law only if the equipment— (1) is fully supportable within the existing service support system of the Department of Defense; and ^ •' (2) reasonably relates to an existing military, war reserve, or mobilization requirement. SEC. 3053. COAST GUARD ACTIVITIES.

' ' ,.." '

','"•

10 USC 379.

(a) FUNDING FOR PERSONNEL ON NAVAL VESSELS.—(1) Of the funds appropriated for operation and maintenance for the Navy for fiscal year 1987, the sum of $15,000,000 shall be transferred to the Secretary of Transportation and shall be available only for members of the Coast Guard assigned to duty as provided in section 379 of title 10, United States Code (as added by subsection (b)). (2) The active duty military strength level for the Coast Guard for fiscal year 1987 is hereby increased by 500 above any number otherwise provided by law. (b) ENHANCED DRUG INTERDICTION ASSISTANCE.—(1) Chapter 18 of title 10, United States Code, is amended by adding at the end the following new section: "§ 379. Assignment of Coast Guard personnel to naval vessels for law enforcement purposes "(a) The Secretary of Defense and the Secretary of Transportation shall provide that there be assigned on board appropriate surface naval vessels at sea in a drug-interdiction area members of the Coast Guard who are trained in law enforcement and have powers of the Coast Guard under title 14, including the power to make arrests and to carry out searches and seizures. "(b) Members of the Coast Guard assigned to duty on board naval vessels under this section shall perform such law enforcement functions (including drug-interdiction functions)— "(1) as may be agreed upon by the Secretary of Defense and the Secretary of Transportation; and a '"5 "(2) as are otherwise within the jurisdiction of the Coast Guard. "(c) No fewer than 500 active duty personnel of the Coast Guard shall be assigned each fiscal year to duty under this section. However, if at any time the Secretary of Transportation, after consultation with the Secretary of Defense, determines that there are insufficient naval vessels available for purposes of this section, such

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/355

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-76

personnel may be assigned other duty involving enforcement of laws listed in section 374(a)(1) of this title. "(d) In this section, the term 'drug-interdiction area' means an area outside the land area of the United States in which the Secretary of Defense (in consultation with the Attorney General) determines that activities involving smuggling of drugs into the United States are ongoing.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "Sec. 879. Assignment of Coast Guard personnel to naval vessels for law enforcement purposes.".

(3) Effective on the date of the enactment of this Act, section 1421 14 USC 89 note, of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 750), is repealed. (c) COAST GUARD RESERVE.—The Selected Reserve of the Coast

Guard Reserve shall be programmed to attain a strength as of September 30, 1987, of not less than 14,400. Of such number, not less than 1,400 shall be used to augment units of the Coast Guard assigned to drug interdiction missions. (d) USE OF DEPARTMENT OF DEFENSE FUNDS FOR THE COAST

GUARD.—In addition to any other amounts authorized to be appropriated to the Department of Defense in fiscal year 1987, $45,000,000 shall be authorized to be appropriated for the installation of 360-degree radar systems on Coast Guard long-range surveillance aircraft. Any modifications of existing aircraft pursuant to this subsection shall comply with validated requirements and specifications developed by the Coast Guard. The limitations contained in paragraphs (1) and (2) of section 3052(c) shall apply with respect to activities carried out under this subsection. SEC. 3054. REPORT ON DEFENSE DRUG EDUCATION ACTIVITIES.

Not later than December 1, 1986, the Secretary of Defense, in Children and consultation with the National Drug Enforcement Policy Board and youth, the Department of Education, shall submit to the Committees on Armed P-ervices of the Senate and the House of Representatives a report containing a discussion of— ^L) the extent to which youth enrolled in schools operated by the Department of Defense for dependent members of the £ /.rmed Forces are receiving education on drug and substance ibuse, (2) the types of drug education programs that are currently f being provided in such schools, (3) whether additional drug education programs are needed in such schools, and (4) the extent to which drug education for youth in grades kindergarten through 12 include or should include preventive peer counseling classes. ..,„ j •:, jp^ r.? SEC. 3055. DRIVING WHILE IMPAIRED.

Section 911 of title 10, United States Code, is amended by inserting "or while impaired by a substance described in section 912a(b) of this title (article 112a(b))," after "manner,".

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/356

 100 STAT. 3207-77

PUBLIC LAW 99-570—OCT. 27, 1986

SEC. 3056. ASSISTANCE TO CIVILIAN LAW ENFORCEMENT AND EMERGENCY ASSISTANCE BY DEPARTMENT OF DEFENSE PERSONNEL

(a) ASSISTANCE TO CIVIUAN LAW ENFORCEMENT.—Section 374(a) of title 10, United States Code, is amended by striking out the period at the end and inserting in lieu thereof "or with respect to assistance that such agency is authorized to furnish to any foreign government which is involved in the enforcement of similar laws". (h) EMERGENCY ASSISTANCE.—Section 374(c) of such title is amended to read as follows: "(c)(1) In an emergency circumstance, equipment operated by or with the assistance of personnel assigned under subsection (a) may i' S '- «^ J be used as a base of operations outside the land area of the United States (or any territory, commonwealth, or possession of the United States) by Federal law enforcement officials— "(A) to facilitate the enforcement of a law listed in subsection (a); and "(B) to transport such law enforcement officials in connection with such operations; if the Secretary of Defense, the Attorney General, and the Secretary of State jointly determine that an emergency circumstance exists. "(2)(A) Subject to subparagraph (B), equipment operated by or with the assistance of personnel assigned under subsection (a) may not be used to interdict or interrupt the passage of vessels and aircraft. "(B) In an emergency circumstance, equipment operated by or with the assistance of personnel assigned under subsection (a) may be used to intercept vessels and aircraft outside the land area of the United States (or any territory, commonwealth, or possession of the United States) for the purposes of communicating with such vessels and aircraft to direct such vessels and aircraft to go to a location designated by appropriate civilian officials if the Secretary of Dej, fense, the Attorney General, and the Secretary of State jointly determine that an emergency circumstance exists and that enforcement of a law listed in subsection (a) would be seriously impaired if such use of equipment were not permitted. Such use of equipment may continue into the land area of the United States (or any territory or possession of the United States) in cases involving the hot pursuit of vessels or aircraft where such pursuit began outside such land area. "(3) For purposes of this subsection, an emergency circumstance exists when— "(A) the size or scope of the suspected criminal activity in a given situation poses a serious threat to the interest of the United States; and "(B) the assistance described in this subsection would significantly enhance the enforcement of a law listed in subsection (a).". 10 USC 374 note.

SEC. 3057. ADDITIONAL DEPARTMENT OF DEFENSE DRUG LAW ENFORCEMENT ASSISTANCE.

(a) GENERAL REQUIREMENT.—(1) Within 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Congress the following: (A) A detailed list of all forms of assistance that shall bq made available by the Department of Defense to civilian drug law enforcement and drug interdiction agencies, including the

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/357

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-78

United States Customs Service, the Coast Guard, the Drug Enforcement Administration, and the Immigration and Naturalization Service. (B) A detailed plan for promptly lending equipment and ,i rendering drug interdiction-related assistance included on such list. (2) The list required by paragraph (1)(A) shall include, but not be limited to, a description of the following matters: (A) Surveillance equipment suitable for detecting air, land, and marine drug transportation activities. (B) Communications equipment, including secure communications. (C) Support available from the reserve components of the Armed Forces for drug interdiction operations of civilian drug law enforcement agencies. (D) Intelligence on the growing, processing, and transshipment of drugs in drug source countries and the transshipment of drugs between such countries and the United States. (E) Support from the Southern Command and other unified and specified commands that is available to assist in drug interdiction. , (F) Aircraft suitable for use in air-to-air detection, interception, tracking, and seizure by civilian drug interdiction agencies, including the Customs Service and the Coast Guard. (G) Marine vessels suitable for use in maritime detection, interception, tracking, and seizure by civilian drug interdiction agencies, including the Customs Service and the Coast Guard. (H) Such land vehicles as may be appropriate for support activities relating to drug interdiction operations by civilian drug law enforcement agencies, including the Customs Service, the Immigration and Naturalization Service, and other Federal agencies having drug interdiction or drug eradication responsibilities. (b) COMMITTEE APPROVAL AND FINAL IMPLEMENTATION.—Within 30

days after the date on which the Congress receives the list and plan submitted under such subsection, the Committees on Armed Services of the Senate and the House of Representatives shall submit their approval or disapproval of such list and plan to the Secretary of Defense. Upon receipt of such approval or disapproval, the Secretary shall immediately convene a conference of the heads of the Federal Government agencies with jurisdiction over drug law enforcement, including the Customs Service, the Coast Guard, and the Drug Enforcement Administration, to determine the appropriate distribution of the assets, items of support, or other assistance to be made available by the Department of Defense to such agencies. Not later than 60 days after the date on which such conference convenes, the Secretary of Defense and the heads of such agencies shall enter into appropriate memoranda of agreement specifying the distribution of such assistance. (c) EQUIPMENT SUBJECT TO SECTION 3052(c).—Equipment identified in this section is subject to the provisions of section 3052(c). (d) APPLICABILITY.—Subsections (a) and (b) shall not apply to any assets, equipment, items of support, or other assistance provided or authorized in any other provision of this title. (e) REVIEW BY GENERAL ACCOUNTING OFFICE.—The Comptroller General of the United States shall monitor the compliance of the

«'

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/358

 100 STAT. 3207-79

PUBLIC LAW 99-570—OCT. 27, 1986

Reports.

Department of Defense with subsections (a) and (b). Not later than 90 days after the date on which the conference is convened under subsection (b), the Comptroller General shall transmit to the Congress a written report containing the Comptroller General's findings regarding the compliance of the Department of Defense with such subsections. The report shall include a review of the memoranda of agreement entered into under subsection (b).

10 USC 525 note.

SEC. 3058. GRADE OF DIRECTOR OF DEPARTMENT OF DEFENSE TASK FORCE ON DRUG ENFORCEMENT.

During fiscal year 1987, the number of officers of the Marine Corps authorized under section 525(b) of title 10, United States Codes, to be on active duty in grades above major general is increased by one during any period that an officer of the Marine Corps is serving as the Director of the Department of Defense Task Force on Drug Enforcement. An additional officer in a grade above major general by reason of this section may not be in the grade of general. 10 USC 9441

SEC. 3059. CIVIL AIR PATROL. (a) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the Civil Air Patrol, the all-volunteer civilian auxiliary of the Air force, can increase its participation in and make signifi., cant contributions to the drug interdiction efforts of the Federal Government, and (2) the Secretary of the Air Force should fully support that participation. OJ) AUTHORIZATION.—In addition to any other amounts appropriated for the Civil Air Patrol for fiscal year 1987, there are authorized to be appropriated for the Civil Air Patrol, out of any unobligated and uncommitted balances of appropriations for the Department of Defense for fiscal year 1986 which are carried forward into fiscal year 1987, $7,000,000 for the acquisition of the major items of equipment needed by the Civil Air Patrol for drug interdiction surveillance and reporting missions. (c) REPORTS.—(1) The Secretary of the Air Force shall submit to the Committees on Appropriations and on Armed Services of the Senate and the House of Representatives quarterly reports which contain the following information: (A) A description of the manner in which any funds are used under subsection O^). ^ (B) A detailed description of the activities of the Civil Air ' Patrol in support of the Federal Government's drug interdiction program. (2) The first report under paragraph (1) shall be submitted on the last day of the first quarter ending not less than 90 days after the date of the enactment of this Act. Customs Enforcement Act 19 u l c 1654

note.

Subtitle B—Customs Enforcement ^^^- ^^^^- SHORT TITLE.

Thig subtitle may be cited as the "Customs Enforcement Act of 1986".

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/359

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-80

PART 1—AMENDMENTS TO THE TARIFF ACT OF 1930 SEC. 3111. DEFINITIONS.

Section 401 of the Tariff Act of 1930 (19 U.S.C. 1401) is amended— (1) by inserting ", and monetary instruments as defined in section 5312 of title 31, United States Code" before the period in subsection (c); (2) by striking out "The term" in subsection (k) and inserting •^: in lieu thereof "(1) The term"; (3) by adding at the end of subsection (k) the following new paragraph: "(2) For the purposes of sections 432, 433, 434, 448, 585, and 586, any vessel which— "(A) has visited any hovering vessel; "(B) has received merchandise while in the customs waters bevond the territorial sea; or (C) has received merchandise while on the high seas; shall be deemed to arrive or have arrived, as the CEise may be, from a foreign port or place."; and (4) by adding at the end thereof the following: "(m) CONTROLLED SUBSTANCE.—The term 'controlled substance' has the meaning given that term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). For purposes of this Act, a controlled substance shall be treated as merchandise the importation of which into the United States is prohibited, unless the importation is authorized under— "(1) an appropriate license or permit; or "(2) the Controlled Substances Import and Export Act.". SEC. 3112. REPORT OF ARRIVAL OF VESSELS, VEHICLES, AND AIRCRAFT.

19 USC 1432; infra; 19 USC J f 3207-82^^' 3207-84. '

21 USC 801 note. >

j,

Section 433 of the Tariff Act of 1930 (19 U.S.C. 1433) is amended to read as follows: "SEC. 433. REPORT OF ARRIVAL OF VESSELS, VEHICLES, AND AIRCRAFT.

"(a) VESSEL ARRIVAL.—(1) Immediately upon the arrival at any port or place within the United States or the Virgin Islands of— "(A) any vessel from a foreign port or place; "(B) any foreign vessel from a domestic port; or "(C) any vessel of the United States carrying bonded merchandise, or foreign merchandise for which entry has not been made; the master of the vessel shall report the arrival at the nearest customs facility or such other place as the Secretary may prescribe by regulations. "(2) The Secretary may by regulation— "(A) prescribe the manner in which arrivals are to be reported under paragraph (1); and "(B) extend the time in which reports of arrival must be made, but not later than 24 hours after arrival. "Oa) VEHICLE ARRIVAL.—(1) Vehicles may arrive in the United States only at border crossing points designated by the Secretary. "(2) Except as otherwise authorized by the Secretary, immediately upon the arrival of any vehicle in the United States at a border crossing point, the person in charge of the vehicle shall— (A) report the arrival; and

Virgin Islands.

'

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/360

 100 STAT. 3207-81

PUBLIC LAW 99-570—OCT. 27, 1986

"(B) present the vehicle, and all persons and merchandise (including baggage) on board, for inspection; to the customs officer at the customs facility designated for that crossing point. "(c) AIRCRAFT ARRIVAL.—The pilot of any aircraft arriving in the United States or the Virgin Islands from any foreign airport or place shall comply with such advance notification, arrival reporting, and landing requirements as the Secretary may by regulation prescribe. "(d) PRESENTATION OF DOCUMENTATION.—The master, person in

charge of a vehicle, or aircraft pilot shall present to customs officers such documents, papers, or manifests as the Secretary may by regulation prescribe. "(e) PROHIBITION ON DEPARTURES AND DISCHARGE.—Unless other-

wise authorized by law, a vessel, aircraft, or vehicle may, after arriving in the United States or the Virgin Islands— "(1) depart from the port, place, or airport of arrival; or "(2) discharge any passenger or merchandise (including baggage); only in accordance with regulations prescribed by the Secretary.". SEC. 3113. PENALTIES FOR ARRIVAL, REPORTING, ENTRY, AND DEPARTURE VIOLATIONS. (a) FOR VIOLATIONS OF ARRIVAL, REPORTING, AND ENTRY REQUIRE-

MENTS.—Section 436 of the Tariff Act of 1930 (19 U.S.C. 1436) is amended to read as follows: "SEC. 436. PENALTIES FOR VIOLATIONS OF THE ARRIVAL, REPORTING, AND ENTRY REQUIREMENTS. "(a) UNLAWFUL ACTS.—It is unlawful—

Ante, p. 3207-80.

19 USC 1434, 1435. 19 USC 1644.

"(1) to fail to comply with section 433; "(2) to present any forged, altered, or false document, paper, or manifest to a customs officer under section 433(d) without revealing the facts; "(3) to fail to make entry as required by section 434, 435, or 644 of this Act or section 1109 of the Federal Aviation Act (49 U.S.C. App. 1509); or "(4) to fail to comply with, or violate, any regulation prescribed under any section referred to in any of paragraphs (1) through (3). "(b) CIVIL PENALTY.—Any master, person in charge of a vehicle, or aircraft pilot who commits any violation listed in subsection (a) is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation, and any conveyance used in connection with any such violation is subject to seizure and forfeiture "(c) CRIMINAL PENALTY.—In addition to being liable for a civil penalty under subsection (b), any master, person in charge of a vehicle, or aircraft pilot who intentionally commits any violation listed in subsection (a) is, upon conviction, liable for a fine of not more than $2,000 or imprisonment for 1 year, or both; except that if the conveyance has, or is discovered to have had, on board any merchandise (other than sea stores or the equivalent for conveyances other than vessels) the importation of which into the United States is prohibited, such individual is liable for an additional fine of not more than $10,000 or imprisonment for not more than 5 years, or both.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/361

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-82

"(d) ADDITIONAL CIVIL PENALTY.—If any merchandise (other than sea stores or the equivalent for conveyances other than a vessel) is imported or brought into the United States in or aboard a conveyance which was not properly reported or entered, the master, person in charge of a vehicle, or aircraft pilot shall be liable for a civil penalty equal to the value of the merchandise and the merchandise may be seized and forfeited unless properly entered by the importer or consignee. If the merchandise consists of any controlled substance listed in section 584, the master, individual in charge of a vehicle, or pilot shall be liable to the penalties prescribed in that section.".

19 USC 1584.

(b) INCREASE IN PENALTIES FOR DEPARTURE BEFORE REPORT OR

ENTRY.—Section 585 of the Tariff Act of 1930 (19 U.S.C. 1585) is amended— (1) by striking out "shall be liable to a penalty of $5,000," (2) by striking out "$500" and inserting "$5,000 for the first violation, and $10,000 for each subsequent violation,". SEC. 3114. PENALTIES FOR UNAUTHORIZED UNLOADING OF PASSENGERS.

Section 454 (19 U.S.C. 1454), is amended by striking out "$500 for each" and inserting "$1,000 for the first passenger and $500 for each additional". SEC. 3115. REPORTING REQUIREMENTS FOR INDIVIDUALS.

(a) AMENDMENT.—Section 459 of the Tariff Act of 1930 (19 U.S.C. 1459) is amended to read as follows: "SEC. 459. REPORTING REQUIREMENTS FOR INDIVIDUALS. "(a) INDIVIDUALS ARRIVING OTHER THAN BY CONVEYANCE.—Except

as otherwise authorized by the Secretary, individuals arriving in the United States other than by vessel, vehicle, or aircraft shall— "(1) enter the United States only at a border crossing point designated by the Secretary; and "(2) immediately— "(A) report the arrival, and J' . "(B) present themselves, and all articles accompanying them for inspection; e to the customs officer at the customs facility designated for that crossing point. "(b) INDIVIDUALS ARRIVING BY REPORTED CONVEYANCE.—Except as

otherwise authorized by the Secretary, passengers and crew members aboard a conveyance the arrival in the United States of which was made or reported in accordance with section 433 or 644 of this Act or section 1109 of the Federal Aviation Act of 1958, or in accordance with applicable regulations, shall remain aboard the conveyance until authorized to depart the conveyance by the appropriate customs officer. Upon departing the conveyance, the passengers and crew members shall immediately report to the designated customs facility with all articles accompanying them. "(c) INDIVIDUALS ARRIVING BY UNREPORTED CONVEYANCE.—Except

as otherwise authorized by the Secretary, individuals aboard a conveyance the arrival in the United States of which was not made or reported in accordance with the laws or regulations referred to in subsection (b) shall immediately notify a customs officer and report their arrival, together with appropriate information concerning the conveyance on or in which they arrived, and present their property for customs examination and inspection.

Ante, p. 3207-80; 19 USC 1644; 49 ^^ ^PP- ^^^^•

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/362

 100 STAT. 3207-83

PUBLIC LAW 99-570—OCT. 27, 1986

"(d) DEPARTURE FROM DESIGNATED CUSTOMS FACILITIES.—Except

as otherwise authorized by the Secretary, any person required to report to a designated customs facility under subsection (a), Q)), or (c) may not depart that facility until authorized to do so by the appropriate customs officer. "(e) UNLAWFUL ACTS.—It is unlawful—

"(1) to fail to comply with subsection (a), (b), or (c); "(2) to present any forged, altered, or false document or paper to a customs officer under subsection (a), (b), or (c) without revealing the facts; "(8) to violate subsection (d); or "(4) to fail to comply with, or violate, any regulation prescribed to carry out subsection (a), (b), (c), or (d). "(f) CIVIL PENALTY.—Any individual who violates any provision of

subsection (e) is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation. "(g) CRIMINAL PENALTY.—In addition to being liable for a civil penalty under subsection (f), any individual who intentionally violates any provision of subsection (e) is, upon conviction, liable for a fine of not more than $5,000, or imprisonment for not more than 1 year, or both.". (b) REPEAL.—Section 460 is repealed.

19 USC 1460.

SEC. 3116. PENALTIES FOR FAILURE TO DECLARE.

Section 497 of the Tariff Act of 1930 (19 U.S.C. 1497) is amended to read as follows: "SEC. 497. PENALTIES FOR FAILURE TO DECLARE.

. "(a) IN GENERAL.—(1) Any article which— "(A) is not included in the declaration and entry as made; and "(B) is not mentioned before examination of the baggage begins— "(i) in writing by such person, if written declaration and entry was required, or "(ii) orally, if written declaration and entry was not required; shall be subject to forfeiture and such person shall be liable for a penalty determined under paragraph (2) with respect to such article. "(2) The amount of the penalty imposed under paragraph (1) with respect to any article is equal to— "(A) if the article is a controlled substance, 200 percent of the value of the article; and "(B) if the article is not a controlled substance, the value of the article. '
 * i

"(b) VALUE OF CONTROLLED SUBSTANCES.—(1) Notwithstanding any

other provision of this Act, the value of any controlled substance shall, for purposes of this section, be equal to the amount determined by the Secretary in consultation with the Attorney General of the United States, to be equal to the price at which such controlled substance is likely to be illegally sold to the consumer of such controlled substance. "(2) The Secretary and the Attorney General of the United States shall establish a method of determining the price a t which each controlled substance is likely to be illegedly sold to the consumer of such controlled substance.".

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/363

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-84

SEC. 3117. EXAMINATION OF BOOKS AND WITNESSES.

Section 509 of the Tariff Act of 1930 (19 U.S.C. 1509) is amended— (1) by striking out ", required to be kept under section 508 of this Act," in subsection (a)(2) and inserting ", as defined in f subsection (c)(1)(A),"; and ^ (2) by amending subsection (c)(1)(A) to read as follows: •j "(A) The term 'records' includes statements, declarations, or documents— ^* "(i) required to be kept under section 508; or "(ii) regarding which there is probable cause to believe that they pertain to merchandise the importation of which '^ into the United States is prohibited.".

" ^'

19 USC 1508.

SEC. 3118. FALSE MANIFESTS; LACK OF MANIFEST.

Section 584 of the Tariff Act of 1930 (19 U.S.C. 1584) is amended— (1) by striking out "$500" each place it appears and inserting in lieu thereof "$1,000"; '" (2) by striking out "$50" in subsection (a)(2) and inserting in '•'' lieu thereof "$1,000"; (3) by striking out "$25" in subsection (a)(2) and inserting in ' * lieu thereof "$500"; and (4) by striking out "$10" in subsection (a)(2) and inserting in lieu thereof "$200". SEC. 3119. UNLAWFUL UNLOADING OF MERCHANDISE.

Section 586 of the Tariff Act of 1930 (19 U.S.C. 1586) is amended— (1) by striking out "$1,000" wherever it appears and inserting "$10,000"; and (2) by amending subsection (e)— (A) by striking out "one league of the coast of the United • States" and inserting "customs waters"; and (B) by striking out "2 years" and inserting "15 years". SEC. 3120. AVIATION SMUGGLING.

Part V of title IV of the Tariff Act of 1930 is amended by adding after section 589 the following new section: "SEC. 590. AVIATION SMUGGLING.

"(a) IN GENERAL.—It is unlawful for the pilot of any aircraft to transport, or for any individual on board any aircraft to possess, merchandise knowing, or intending, that the merchandise will be introduced into the United States contrary to law. "(b) SEA TRANSFERS.—It is unlawful for any person to transfer merchandise between an aircraft and a vessel on the high seas or in the customs waters of the United States if such person has not been authorized by the Secretary to make such transfer and— "(1) either— ' -^ "(A) the aircraft is owned by a citizen of the United States or is registered in the United States, or "(B) the vessel is a vessel of the United States (within the meaning of section 3(b) of the Anti-Smuggling Act) (19 U.S.C. 1703(b)), or "(2) regardless of the nationality of the vessel or aircraft, such transfer is made under circumstances indicating the intent to make it possible for such merchandise, or any part thereof, to be introduced into the United States unlawfully.

19 USC 1589, 1589a. 19 USC 1590.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/364

 100 STAT. 3207-85

PUBLIC LAW 99-570—OCT. 27, 1986

"(c) CIVIL PENALTIES.—Any person who violates any provision of

this section is Hable for a civil penalty equal to twice the value of the merchandise involved in the violation, but not less than $10,000. The value of any controlled substance included in the merchandise shall Ante, p. 3207-83. be determined in accordance with section 497(b). "(d) CRIMINAL PENALTIES.—In addition to being liable for a civil penalty under subsection (c), any person who intentionally commits a violation of any provision of this section is, upon conviction— J: "(1) liable for a fine of not more than $10,00 or imprisonment •^.j for not more than 5 years, or both, if none of the merchandise • involved was a controlled substance; or "(2) liable for a fine of not more than $250,000 or imprisonment for not more than 20 years, or both, if any of the merchandise involved was a controlled substance. "(e) SEIZURE AND FORFEITURE.—

"(1) Except as provided in paragraph (2), a vessel or aircraft used in connection with, or in aiding or facilitating, any violation of this section, whether or not any person is charged in connection with such violation, may be seized and forfeited in accordance with the customs laws. "(2) Paragraph (1) does not apply to a vessel or aircraft operated as a common carrier. "(f) DEFINITION OF MERCHANDISE.—As used in this section, the term 'merchandise' means only merchandise the importation of which into the United States is prohibited or restricted. "(g) INTENT OF TRANSFER OF MERCHANDISE.—For purposes of

imposing civil penalties under this section, any of the following acts, when performed within 250 miles of the territorial sea of the United States, shall be prima facie evidence that the transportation or possession of merchandise was unlawful and shall be presumed to constitute circumstances indicating that the purpose of the transfer is to make it possible for such merchandise, or any part thereof, to be introduced into the United States unlawfully, and for purposes of Post, p. 3207-87. subsection (e) or section 596, shall be prima facie evidence that an aircraft or vessel was used in connection with, or to aid or facilitate, a violation of this section: "(1) The operation of an aircraft or a vessel without lights during such times as lights are required to be displayed under applicable law. "(2) The presence on an aircraft of an auxiliary fuel tank which is not installed in accordance with applicable law. "(3) The failure to identify correctly— "(A) the vessel by name or country of registration, or "(B) the aircraft by registration number and country of registration, when requested to do so by a customs officer or other government authority. ty

"(4) The e x t e r n a l display of false registration n u m b e r s, false country of registration, or, in the case of a vessel, false vessel

i

name. "(5) The presence on board of unmanifested merchandise, the importation of which is prohibited or restricted. "(6) The presence on board of controlled substances which are not manifested or which are not accompanied by the permits or licenses required under Single Convention on Narcotic Drugs or other international treaty. -.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/365

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-86

"(7) The presence of any compartment or equipment which is built or fitted out for smuggling. "(8) The failure of a vessel to stop when hailed by a customs officer or other government authority.". SEC. 3121. SEIZURES.

Section 594 of the Tariff Act of 1930 (19 U.S.C. 1594) is amended to read as follows: "SEC. 594. SEIZURE OF CONVEYANCES.

"(a) IN GENERAL.—Whenever—

"(1) any vessel, vehicle, or aircraft; or "(2) the owner or operator, or the master, pilot, conductor, driver, or other person in charge of a vessel, vehicle, or aircraft; is subject to a penalty for violation of the customs laws, the conveyance involved shall be held for the payment of such penalty and may be seized and forfeited and sold in accordance with the customs laws. The proceeds of sale, if any, in excess of the assessed penalty and expenses of seizing, maintaining, and selling the property shall be held for the account of any interested party. "(b) EXCEPTIONS.—No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to seizure and forfeiture under the customs laws for violations relating to merchandise contained— "(1) on the person; "(2) in baggage belonging to and accompanying a passenger being lawfully transported on such conveyance; or "(3) in the cargo of the conveyance if the cargo is listed on the manifest and marks, numbers, weights and quantities of the outer packages or containers agree with the manifest; unless the owner or operator, or the master, pilot, conductor, driver or other person in charge participated in, or had knowledge of, the violation, or was grossly negligent in preventing or discovering the violation. "(c) PROHIBITED MERCHANDISE ON CONVEYANCE.—If any merchan-

dise the importation of which is prohibited is found to be, or to have been— "(1) on board a conveyance used as a common carrier in the transaction of business as a common carrier in one or more packages or containers— "(A) that are not manifested (or not shown on bills of lading or airway bills); or "(B) whose marks, numbers, weight or quantities disagree with the manifest (or with the bills of lading or airway bills); or "(2) concealed in or on such a conveyance, but not in the cargo; the conveyance may be seized, and after investigation, forfeited unless it is established that neither the owner or operator, master, pilot, nor any other employee responsible for maintaining and insuring the accuracy of the cargo manifest knew, or by the exercise of the highest degree of care and diligence could have known, that such merchandise was on board. "(d) DEFINITIONS.—For purposes of this section— "(1) The term 'owner or operator' includes— "(A) a lessee or person operating a conveyance under a rental agreement or charter party; and

Maritime affairs. Aircraft and air carriers. Motor vehicles.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/366

 100 STAT. 3207-87

PUBLIC LAW 99-570—OCT. 27, 1986

"(B) the officers and directors of a corporation; "(C) station managers and similar supervisory ground w 1' personnel employed by airlines; "(D) one or more partners of a partnership; "(E) representatives of the owner or operator in charge of the passenger or cargo operations at a particular location; '.•':b' and "(F) and other persons with similar responsibilities. "(2) The term 'master' and similar terms relating to the ... ". person in charge of a conveyance includes the purser or other person on the conveyance who is responsible for maintaining ^•^ ' records relating to the cargo transported in the conveyance. '"• "(e) COSTS AND EXPENSES OF SEIZURE.—When a common carrier has been seized in accordance with the provisions of subsection (c) and it is subsequently determined that a violation of such subsection occurred but that the vessel will be released, the conveyance is liable for the costs and expenses of the seizure and detention.". SEC. 3122. SEARCHES AND SEIZURES.

19 USC 1592.

Section 595(a) of the Tariff Act of 1930 (19 U.S.C. 1595(a)) is amended to read as follows: "(a) WARRANT.—(1) If any officer or person authorized to make searches and seizures has probable cause to believe that— "(A) any merchandise upon which the duties have not been paid, or which has been otherwise brought into the United States unlawfully; "(B) any property which is subject to forfeiture under any provision of law enforced or administered by the United States Customs Service; or "(C) any document, container, wrapping, or other article which is evidence of a violation of section 592 involving fraud or of any other law enforced or administered by the United States Customs Service, is in any dwelling house, store, or other building or place, he may make application, under oath, to any justice of the peace, to any municipal, county. State, or Federal judge, or to any Federal magistrate, and shall thereupon be entitled to a warrant to enter such dwelling house in the da3rtime only, or such store or other place at night or by day, and to search for and seize such merchandise or other article described in the warrant. "(2) If any house, store, or other building or place, in which any merchandise or other article subject to forfeiture is found, is upon or within 10 feet of the boundary line between the United States and a foreign country, such portion thereof that is within the United States may be taken down or removed.". SEC. 3123. FORFEITURES.

19 USC 1592.

^

Section 596 of the Tariff Act of 1930 (19 U.S.C. 1595a) is amended— (1) by striking out "the proviso to" in subsection (a) and inserting "subsection (b) or (c) of; (2) by striking out "shall" in subsection (a) and inserting "may"; and (3) by adding at the end thereof the following new subsection. "(c) Any merchandise that is introduced or attempted to be introduced into the United States contrary to law (other than in violation of section 592) may be seized and forfeited.".

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/367

 PUBLIC LAW 99-570—OCT. 27, 1986 SEC. 3124. PROCEEDS OF FORFEITED PROPERTY.

100 STAT. 3207-88 1

Section 613 of the Tariff Act of 1930 (19 U.S.C. 1613) is amended by adding at the end thereof the following new subsections: "(c) TREATMENT OF DEPOSITS.—If property is seized by the Secretary under law enforced or administered by the Customs Service, or otherwise acquired under section 605, and relief from the forfeiture is granted by the Secretary, or his designee, upon terms requiring the deposit or retention of a monetary amount in lieu of the forfeiture, the amount recovered shall be treated in the same manner as the proceeds of sale of a forfeited item. "(d) EXPENSES.—In any judicial or administrative proceeding to forfeit property under any law enforced or administered by the Customs Service or the Coast Guard, the seizure, storage, and other expenses related to the forfeiture that are incurred by the Customs Service or the Coast Guard after the seizure, but before the institution of, or during, the proceedings, shall be a priority claim in the same manner as the court costs and the expenses of the Federal marshal.". SEC. 3125. COMPENSATION TO INFORMERS.

Section 619 of the Tariff Act of 1930 (19 U.S.C. 1619) is amended to read as follows: "(a) IN GENERAL.—If—

"(1) any person who is not an employee or officer of the United States— "(A) detects and seizes any vessel, vehicle, aircraft, merchandise, or baggage subject to seizure and forfeiture under .*;..• the customs laws or the navigation laws and reports such detection and seizure to a customs officer, or "(B) furnishes to a United States attorney, the Secretary of the Treasury, or any customs officer original information concerning— "(i) any fraud upon the customs revenue, or "(ii) any violation of the customs laws or the navigation laws which is being, or has been, perpetrated or contemplated by any other person; and "(2) such detection and seizure or such information leads to a recovery of— "(A) any duties withheld, or "(B) any fine, penalty, or forfeiture of property incurred; the Secretary may award and pay such person an amount that does not exceed 25 percent of the net amount so recovered. "(b) FORFEITED PROPERTY NOT SOLD.—If—

"(1) any vessel, vehicle, aircraft, merchandise, or baggage is forfeited to the United States and is thereafter, in lieu of sale— "(A) destroyed under the customs or navigation laws, or "(B) delivered to any governmental agency for official use, and ' ' "(2) any person would be eligible to receive an award under subsection (a) but for the lack of sale of such forfeited property, the Secretary may award and pay such person an amount that does not exceed 25 percent of the appraised value of such forfeited property. "(c) DOLLAR LIMITATION.—The amount awarded and paid to any person under this section may not exceed $250,000 for any case.

19 USC 1605.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/368

 100 STAT. 3207-89

PUBLIC LAW 99-570—OCT. 27, 1986

"(d) SOURCE OF PAYMENT.—Unless otherwise provided by law, any

amount paid under this section shall be paid out of appropriations available for the collection of the customs revenue. "(e) RECOVERY OF BAIL BOND.—For purposes of this section, an amount recovered under a bail bond shall be deemed a recovery of a fine incurred.". SEC. 3126. FOREIGN LANDING CERTIFICATES.

Section 622 of the Tariff Act of 1930 (19 U.S.C. 1622) is amended by inserting before the period at the end thereof the following: ", or to comply with international obligations". SEC. 3127. EXCHANGE OF INFORMATION WITH FOREIGN AGENCIES.

Part V of title IV of the Tariff Act of 1930 is amended by adding at the end thereof the following new section: 19 USC 1628.

"SEC. 628. EXCHANGE OF INFORMATION.

"(a) IN GENERAL.—The Secretary may by regulation authorize customs officers to exchange information or documents with foreign customs and law enforcement agencies if the Secretary reasonably believes the exchange of information is necessary to— "(1) insure compliance with any law or regulation enforced or administered by the Customs Service; "(2) administer or enforce multilateral or bilateral agreements to which the United States is a party; "(3) assist in investigative, judicial and quasi-judicial proceedings in the United States; and "(4) an action comparable to any of those described in paragraphs (1) through (4) undertaken by a foreign customs or law enforcement agency, or in relation to a proceeding in a foreign country.". "(b) NONDISCLOSURE AND USES OF INFORMATION PROVIDED.—

"(1) Information may be provided to foreign customs and law enforcement agencies under subsection (a) only if the Secretary obtains assurances from such agencies that such information will be held in confidence and used only for the law enforcement purposes for which such information is provided to such agencies by the Secretary. "(2) No information may be provided under subsection (a) to any foreign customs or law enforcement agency that has violated any assurances described in paragraph (1).'. SEC. 3128. INSPECTIONS AND PRECLEARANCE IN FOREIGN COUNTRIES.

Part V of title IV of the Tariff Act of 1930 is further amended by adding at the end thereof the following new section: 19 USC 1629.

"SEC. 629. INSPECTIONS AND PRECLEARANCE IN FOREIGN COUNTRIES.

"(a) IN GENERAL.—When authorized by treaty or executive agreement, the Secretary may station customs officers in foreign countries for the purpose of examining persons and merchandise prior to their arrival in the United States. "(b) FUNCTIONS AND DUTIES.—Customs officers stationed in a foreign country under subsection (a) may exercise such functions and perform such duties (including inspections, searches, seizures and arrests) as may be permitted by the treaty, agreement or law of the country in which they are stationed. "(c) COMPLIANCE.—The Secretary may by regulation require compliance with the customs laws of the United States in a foreign

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/369

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-90

country and, in such a case the customs laws and other civil and criminal laws of the United States relating to the importation of merchandise, filing of false statements, and the unlawful removal of merchandise from customs custody shall apply in the same manner as if the foreign station is a port of entry within the customs territory of the United States. "(d) SEIZURES.—When authorized by treaty, agreement or foreign International law, merchandise which is subject to seizure or forfeiture under agreements. United States law may be seized in a foreign country and transported under customs custody to the customs territory to the United States to be proceeded against under the customs law. "(e) STATIONING OF FOREIGN CUSTOMS OFFICERS IN THE UNITED

STATES.—The Secretary of State, in coordination with the Secretary, International may enter into agreements with any foreign country authorizing the agreements. stationing in the United States of customs officials of that country (if similar privileges are extended by that country to United States officials) for the purpose of insuring that persons and merchandise going directly to that country from the United States comply with the customs and other laws of that country governing the importation of merchandise. Any foreign customs official stationed in the United States under this subsection may exercise such functions and perform such duties as United States officials may be authorized to perform in that foreign country under reciprocal agreement. "(f) APPLICATION OF CERTAIN LAWS.—When customs officials of a

foreign country are stationed in the United States in accordance with subsection (e), and if similar provisions are applied to United States officials stationed in that country— "(1) sections 111 and 1114 of title 18, United States Code, shall apply as if the officials were designated in those sections; and "(2) any person who in any matter before a foreign customs official stationed in the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, is liable for a fine of not more than $10,000 or imprisonment for not more than 5 years, or both.".

PART 2—UNDERCOVER CUSTOMS OPERATIONS SEC. 3131. UNDERCOVER INVESTIGATIVE OPERATIONS OF THE CUSTOMS SERVICE. (a) CERTIFICATION REQUIRED FOR EXEMPTION OF UNDERCOVER OPERATIONS FROM CERTAIN LAWS.—With respect to any undercover inves-

tigative operation of the United States Customs Service (hereinafter in this section referred to as the "Service") which is necessary for the detection and prosecution of offenses against the United States which are within the jurisdiction of the Secretary of the Treasury— (1) sums authorized to be appropriated for the Service may be used— (A) to purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to—

19 USC 2081.

�