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 PUBLIC LAW 99-570—OCT. 27, 1986 II-

100 STAT. 3207-28

"(B) EXAMINATIONS OF ASSOCIATIONS ro INCLUDE REVIEW OF

COMPUANCE PROCEDURES.— "(i) IN GENERAL.—Each examination of an association by the Board shall include a review of the procedures required to be established and maintained under subparagraph (A), "(ii) EXAM REPORT REQUIREMENT.—The report of examina-

• *'

tion shall describe any problem with the procedures maintained by the association. "(C) ORDER TO COMPLY WITH REQUIREMENTS.—If the Board determines that an association— "(i) has failed to establish and maintain the procedures described in subparagraph (A); or "(ii) has failed to correct any problem with the procedures maintained by such association which was previously reported to the association by the Board, the Board shall issue an order in the manner prescribed in paragraph (2) or (3) requiring such association to cease and desist from its violation of this paragraph or regulations prescribed under this paragraph.".

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., J>.6G;;, > ,

(2) CIVIL MONEY PENALTIES FOR FAILURE TO MAINTAIN COMPLIANCE PROCEDURES.—Section 5(d)(8)(B)(i) of the Home Owners'

Loan Act of 1933 (12 U.S.C. 1464(d)(8)(B)(i)) is amended by striking out "paragraph (2) or (3)" and inserting in lieu thereof "paragraph (2), (3), or (16)". (c) INSURED THRIFT INSTITUTIONS.—

(1) IN GENERAL.—Section 407 of the National Housing Act (12 U.S.C. 1730) is amended by adding at the end thereof the following new subsection: "(s) COMPUANCE WITH MONETARY TRANSACTION RECORDKEEPING AND REPORT REQUIREMENTS.— "(1) COMPUANCE PROCEDURES REQUIRED.—The Corporation

shall prescribe regulations requiring insured institutions to establish and maintain procedures reasonably designed to assure and monitor the compliance of such institutions with the requirements of subchapter II of chapter 53 of title 31, United States Code.

Regulations.

31 USC 5311 et

"(2) EXAMINATIONS OF INSTITUTIONS TO INCLUDE REVIEW OF seq. COMPUANCE PROCEDURES.—

> '

"(A) IN GENERAL.—Each examination of an insured institution by the Corporation shall include a review of the procedures required to be established and maintained under paragraph (1). "(B) EXAM REPORT REQUIREMENT.—The report of examina-

tion shall describe any problem with the procedures maintained by the insured institution.

^ art 3

^

"(3) ORDER TO COMPLY WITH REQUIREMENTS.—If the Corpora-

tion determines that an insured institution— "(A) has failed to establish and maintain the procedures described in paragraph (1); or "(B) has failed to correct any problem with the procedures maintained by such institution which was previously reported to the institution by the Corporation, the Corporation shall issue £m order in the manner prescribed in subsection (e) or (f) requiring such institution to cease and desist from its violation of this subsection or regulations prescribed under this subsection.".

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Page:United States Statutes at Large Volume 100 Part 4.djvu/308

 100 STAT. 3207-29

PUBLIC LAW 99-570—OCT. 27, 1986 (2) CIVIL MONEY PENALTIES FOR FAILURE TO MAINTAIN COMPU-

ANCE PROCEDURES.—Section 407(k)(3)(A) of the National Housing Act (12 U.S.C. 1730(k)(3)(A)) is amended by striking out "subsection (e) or (f) of this section shall forefit" and inserting in lieu thereof "subsection (e), (f), or (s) of this section shall forfeit", (d) INSURED CREDIT UNIONS.—

(1) IN GENERAL.—Section 206 of the Federal Credit Union Act (12 U.S.C. 1786) is amended by adding at the end thereof the following new subsection: "(q) COMPLIANCE WITH MONETARY TRANSACTION RECORDKEEPING AND REPORT REQUIREMENTS.—

Regulations.

"(1) CoMPUANCE PROCEDURES REQUIRED.—The Board shall prescribe regulations requiring insured credit unions to establish and maintain procedures reasonably designed to assure and monitor the compliance of such credit unions with the requirements of subchapter II of chapter 53 of title 31, United States Code.

31 USC 5331 et «eg.

"(2) EXAMINATIONS O F CREDIT U N I O N S TO INCLUDE REVIEW O F

COMPLIANCE P R O C E D U R E S. —

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"(A) IN GENERAL.—Each examination of an insured credit union by the Board shall include a review of the procedures required to be established and maintained under paragraph (1). "(B) EXAM REPORT REQUIREMENT.—The report of examina-

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tion shall describe any problem with the procedures main^^ tained by the credit union. "(3) ORDER TO COMPLY WITH REQUIREMENTS.—If the Board determines that an insured credit union— wr* "(A) has failed to establish and maintain the procedures described in paragraph (1); or "(B) has failed to correct any problem with the procedures maintained by such credit union which was previously reported to the credit union by the Board, the Board shall issue an order in the manner prescribed in subsection (e) or (f) requiring such credit union to cease and desist from its violation of this subsection or regulations prescribed under this subsection.". (2) CIVIL MONEY PENALTIES FOR FAILURE TO MAINTAIN COMPU-

ANCE PROCEDURES.—Section 206(k)(2)(A) of the Federal Credit Union Act (12 U.S.C. 1786(k)(2)(A)) (as in effect on September 1, 1986) is amended by striking out "subsection (e) or (f)" and inserting in lieu thereof "subsection (e), (f), or (q)". SEC. 1360. CHANGE IN BANK CONTROL ACT AMENDMENTS. (a) ADDITIONAL REVIEW TIME.— (1) INITIAL EXTENSION AT DISCRETION OF AGENCY.—The

first sentence of section 7(j)(l) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)(l)) is amended by striking out "or extending up to another thirty days" and inserting in lieu thereof "or, in the discretion of the agency, extending for an additional 30 days". (2) ADDITIONAL EXTENSIONS IN CASE OF INCOMPLETE OR INACCURATE NOTICE OR TO CONTINUE INVESTIGATION.—The second

sentence of section 7(j)(l) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)(l)) is amended to read as follows: "The period for disapproval under the preceding sentence may be extended

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


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 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-30

»:' not to exceed 2 additional times for not more than 45 days each time if— w » "(A) the agency determines that any acquiring party has not furnished all the information required under paragraph (6); "(B) in the agency's judgment, any material information submitted is substantially inaccurate; "(C) the agency has been unable to complete the investigation of an acquiring party under paragraph (2)(B) because of any • • delay caused by, or the inadequate cooperation of, such acquiring party; or "(D) the agency determines that additional time is needed to investigate and determine that no acquiring party has a record of failing to comply with the requirements of subchapter II of chapter 53 of title 31, United States Code.". 31 USC 5331 et (b) DUTY TO INVESTIGATE APPLICANTS FOR CHANGE IN CONTROL

APPROVAL.—Section 7(j)(2) of the Federal Deposit Insurance Act (12 U.S.C. 18170X2)) is amended— (1) by striking out "(2)" and inserting in lieu thereof "(2)(A) NOTICE TO STATE AGENCY.—"; and

(2) by adding at the end thereof the following new subparagraphs: "(B) INVESTIGATION OF PRINCIPALS REQUIRED.—Upon receiving any

notice under this subsection, the appropriate Federal banking agency shall— "(i) conduct an investigation of the competence, experience, integrity, and financial ability of each person named in a notice of a proposed acquisition as a person by whom or for whom such acquisition is to be made; and "(ii) make an independent determination of the accuracy and completeness of any information described in paragraph (6) with respect to such person. "(C) REPORT.—The appropriate Federal banking agency shall prepare a written report of any investigation under subparagraph (B) which shall contain, at a minimum, a summary of the results of such investigation. The agency shall retain such written report as a record of the agency.". (c) PuBuc COMMENT ON CHANGE OF CONTROL NOTICES.—Section 7(j)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)(2)) is amended by adding after subparagraph (C) (as added by subsection (b) of this section) the following new subparagraph: "(D) PUBLIC COMMENT.—Upon receiving notice of a proposed acquisition, the appropriate Federal banking agency shall, within a reasonable period of time— "(i) publish the name of the insured bank proposed to be acquired and the name of each person identified in such notice as a person by whom or for whom such acquisition is to be made; suid "(ii) solicit public comment on such proposed acquisition, particularly from persons in the geographic area where the bank proposed to be acquired is located, before final consideration of such notice by the agency, unless the agency determines in writing that such disclosure or solicitation would seriously threaten the safety or soundness of such bank.". (d) INVESTIGATIONS AND ENFORCEMENT.—Section 7(j) of the Federal

Deposit Insurance Act (12 U.S.C. 1817(j)) is amended—

S«9-

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 100 STAT. 3207-31

PUBLIC LAW 99-570—OCT. 27, 1986

(1) by redesignating paragraphs (15) and (16) as paragraphs (16) and (17), respectively; and (2) by inserting after paragraph (14) the following new paragraph: i "(15) INVESTIGATIVE AND ENFORCEMENT AUTHORITY.—

"(A) INVESTIGATIONS.—The appropriate Federal banking agency may exercise any authority vested in such agency under section 8(n) in the course of conducting any investigation under paragraph (2)(B) or any other investigation which the agency, in its discretion, determines is necessary to determine whether any person has filed inaccurate, incomplete, or misleading information under this subsection or otherwise is violating, has violated, or is about to violate any provision of this subsection or any regulation prescribed under this subsection. "(B) ENFORCEMENT.—Whenever it appears to the appropriate Federal banking agency that any person is violating, has violated, or is about to violate any provision of this subsection or any regulation prescribed under this subsection, the agency may, in its discretion, apply to the appropriate district court of the United States or the United States court of any territory for— "(i) a temporary or permanent injunction or restraining order enjoining such person from violating this subsection or any regulation prescribed under this subsection; or "(ii) such other equitable relief as may be necessary to prevent any such violation (including divestiture).

12 USC 1818.

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ii w. "(C) JURISDICTION.—

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"(i) The district courts of the United States and the United States courts in any territory shall have the same jurisdiction and power in connection with any exercise of any authority by the appropriate Federal banking agency under subparagraph (A) as such courts have under section 8(n). "(ii) The district courts of the United States and the United States courts of any territory shall have jurisdiction and power to issue any injunction or restraining order or grant any equitable relief described in subparagraph (B). When appropriate, any injunction, order, or other equitable relief granted under this paragraph shall be granted without requiring the posting of any bond.",

SEC. 1361. CHANGE IN SAVINGS AND LOAN CONTROL ACT AMENDMENTS. (a) ADDITIONAL REVIEW TIME.— (1) INITIAL EXTENSION AT DISCRETION OF AGENCY.—The

first sentence of section 407(q)(l) of the National Housing Act (12 U.S.C. 173(KqXl)) is amended by striking out "or extending up to another thirty days" and inserting in lieu thereof "or, in the discretion of the Corporation, extending for an additional 30 days". (2) ADDITIONAL EXTENSIONS IN CASE OF INCOMPLETE OR INACCURATE NOTICE OR TO CONTINUE INVESTIGATION.—The second

sentence of section 407(q)(l) of the National Housing Act (12 U.S.C. 1730(q)(l)) is amended to read as follows: "The period for disapproval under the preceding sentence may be extended not to exceed 2 additional times for not more than 45 days each time if—

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 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-32

"(A) the Corporation determines that any acquiring party has not furnished all the information required under paragraph (6); "(B) in the Corporation's judgment, any material information submitted is substantially inaccurate; "(C) the Corporation has been unable to complete the investigation of an acquiring party under paragraph (2)(B) because of any delay caused by, or the inadequate cooperation of, such acquiring party; or (D) the Corporation determines that additional time is needed to investigate and determine that no acquiring party has a record of failing to comply with the requirements of subchapter II of chapter 58 of title 31, United States Code.".

3lUSC 5331ef

(b) DUTY TO INVESTIGATE APPLICANTS FOR CHANGE IN CONTROL seq.

APPROVAL.—Section 407(q)(2) of the National Housing Act (12 U.S.C. 1730(q)(2)) is amended— (1) by striking out "(2)" and inserting in lieu thereof "(2)(A) NOTICE TO STATE AGENCY.—"; and

(2) by adding at the end thereof the following new subparagraphs: "(B) INVESTIGATION OF PRINCIPALS REQUIRED.—Upon receiving any

notice under this subsection, the Corporation shall— "(i) conduct an investigation of the competence, experience, integrity, and financial ability of each person named in a notice of a proposed acquisition as a person by whom or for whom such acquisition is to be made; and "(ii) make an independent determination of the accuracy and completeness of any information described in paragraph (6) with respect to such person. "(C) REPORT.—The Corporation shall prepare a written report of any investigation under subparagraph (B) which shall contain, at a minimum, a summary of the results of such investigation. The Corporation shall retain such written report as a record of the Corporation.". (c) PUBLIC COMMENT ON CHANGE OF CONTROL NOTICES.—Section 407(q)(2) of the National Housing Act (12 U.S.C. 1730(q)(2)) is amended by adding after subparagraph (C) (as added by subsection (b) of this section) the following new subparagraph: "(D) PUBLIC COMMENT.—Upon receiving notice of a proposed acquisition, the Corporation shall, within a reasonable period of time— "(i) publish the name of the insured institution proposed to be acquired and the name of each person identified in such notice as a person by whom or for whom such acquisition is to be made; and "(ii) solicit public comment on such proposed acquisition, particularly from persons in the geographic area where the institution proposed to be acquired is located, before final consideration of such notice by the Corporation, unless the Corporation determines in writing that such disclosure or solicitation would seriously threaten the safety or soundness of such institution.". (d) INVESTIGATIONS AND ENFORCEMENT.—Section 407(q) of the National Housing Act (12 U.S.C. 1730(q)) is amended— (1) by redesignating paragraphs (16) and (17) as paragraphs (17) and (18), respectively; and (2) by inserting after paragraph (15) the following new paragraph:

-

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 100 STAT. 3207-33

PUBLIC LAW 99-570—OCT. 27, 1986

"(16) INVESTIGATIVE AND ENFORCEMENT AUTHORITY.—

 * c.i ir i;:g

"(A) INVESTIGATIONS.—The Corporation may exercise any authority vested in the Corporation under paragraph (2) or (3) of subsection (m) in the course of conducting any investigation under paragraph (2)(B) or any other investigation which the Corporation, in its discretion, determines is necessary to determine whether any person has filed inaccurate, incomplete, or misleading information under this subsection or otherwise is violating, has violated, or is about to violate any provision of this subsection or any regulation prescribed under this subsection. "(B) ENFORCEMENT.—Whenever it appears to the Corporation that any person is violating, has violated, or is about to violate any provision of this subsection or any regulation prescribed under this subsection, the agency may, in its discretion, apply to the appropriate district court of the United States or the United States court of any territory for— "(i) a temporary or permanent injunction or restraining order enjoining such person from violating this subsection .i fe or any regulation prescribed under this subsection; or "(ii) such other equitable relief as may be necessary to prevent any such violation (including divestiture). "(C) JURISDICTION.—

••" r -«• iJ

h^ jtioi!

"(i) The district courts of the United States and the United States courts in any territory shall have the same jurisdiction and power in connection with any exercise of any authority by the Corporation under subparagraph (A) as such courte have under paragraph (2) or (3) of subsection (m). "(ii) The district courts of the United States and the United States courts of any territory shall have jurisdiction and power to issue any injunction or restraining order or grant any equitable relief described in subparagraph (B). When appropriate, any injunction, order, or other equitable relief under this paragraph shall be granted without requiring the posting of any bond.".

SEC. 1362. AMENDMENTS TO DEFINITIONS. (a) UNITED STATES AGENCIES INCLUDES THE POSTAL SERVICE.—

Section 5312(a)(2)(U) of title 31, United States Code (defining financial institutions) (as redesignated by subsection (a)) is amended by inserting before the semicolon at the end the following: ", including the United States Postal Service". (b) UNITED STATES INCLUDES CERTAIN TERRITORIES AND POSSES-

SIONS.—Section 5312(a)(5) of title 31, United States Code, is amended by inserting "the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, the Trust Territory of the Pacific Islands," after "Puerto Rico". 31 USC 5315 note. Banks and

banking.

SEC. 1363. INTERNATIONAL INFORMATION EXCHANGE SYSTEM; STUDY OF FOREIGN BRANCHES OF DOMESTIC INSTITUTIONS. (a)

DiSCUSSIONS

ON INTERNATIONAL INFORMATION EXCHANGE

SYSTEM.—The Secretary of the Treasury, in consultation with the Board of Governors of the Federal Reserve System, shall initiate discussions with the central banks or other appropriate governmental authorities of other countries and propose that an information exchange system be established to assist the efforts of each

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 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-34

participating country to eliminate the international flow of money derived from illicit drug operations and other criminal activities. (b) REPORT ON DISCUSSIONS REQUIRED.—Before the end of the

-'ton

9-

month period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall prepare and transmit a report to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the results of discussions initiated pursuant to subsection (a). (c) STUDY OF MONEY LAUNDERING THROUGH FOREIGN BRANCHES OF DOMESTIC FINANCIAL INSTITUTIONS REQUIRED.—The Secretary of the

Treasury, in consultation with the Attorney General and the Board of Governors of the Federal Reserve System, shall conduct a study of— (1) the extent to which foreign branches of domestic institutions are used— (A) to facilitate illicit transfers of coins, currency, and other monetary instruments (as such term is defined in section 5812(a)(3) of title 31, United States Code) into and out of the United States; and (B) to evade reporting requirements with respect to any ft«»« transfer of coins, currency, and other monetary instruments (as so defined) into and out of the United States; (2) the extent to which the law of the United States is applicable to the activities of such foreign branches; and (3) methods for obtaining the cooperation of the country in which any such foreign branch is located for purposes of enforcing the law of the United States with respect to transfers, and reports on transfers, of such monetary instruments into and out of the United States. (d) REPORT ON STUDY OF FOREIGN BRANCHES REQUIRED.—Before

the end of the 9-month period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall prepare and transmit a report to the Committee on Banking, Finance and Urban Affairs and the Committee on the Judiciary of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate on the results of the study conducted pursuant to subsection (c). SEC. 1364. EFFECTIVE DATES. (a) The amendment made by section 1354 shall apply with respect to transactions for the payment, receipt, or transfer of United States coins or currency or other monetary instruments completed after the end of the 3-month period beginning on the date of the enact ment of this Act. (b) The amendments made by sections 1355(b) and 1357(a) shall apply with respect to violations committed after the end of the 3month period beginning on the date of the enactment of this Act. (c) The amendments made by section 1357 (other than subsection (a) of such section) shall apply with respect to violations committed after the date of the enactment of this Act. (d) Any regulation prescribed under the amendments made by section 1358 shall apply with respect to transactions completed after the effective date of such regulation. (e) The regulations required to be prescribed under the amendments made by section 1359 shall take effect at the end of the 3month period beginning on the date of the enactment of this Act,

^ ^

31 USC 5324 note.

31 USC 5317 ^°^31 USC 5321 "o^e31 USC 5316 "^te. 12 USC 1464 ^°^-

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 100 STAT. 3207-35 12 USC 1730 note.

31 USC 5331 et seq.

PUBLIC LAW 99-570—OCT. 27, 1986

(f) The amendments made by sections 1360 and 1361 shall apply with respect to notices of proposed acquisitions filed after the date of the enactment of this Act. .. . SEC. 1365. PREDICATE OFFENSES. ' " ^ H m (a) Subsection 0>) of section 1952 of title 18, United States Code, is amended by striking out "or" before "(2)", and by striking out the period at the end thereof and inserting in lieu thereof the following: ", or (3) any act which is indictable under subchapter II of chapter 53 of title 31, United States Code, or under section 1956 or 1957 of this title.". O> Subsection (1) of section 1961 of title 18, United States Code, is t) amended by inserting "section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity)," after "section 1955 (relating to the prohibition of illegal gambling businesses),". (c) Subsection (1) of section 2516 of title 18, United States Code, is amended in paragraph (c) by inserting "section 1956 (laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity)," after "section 1955 (prohibition of relating to business enterprises of gambling),". SEC. 1366. FORFEITURE.

(a) Title 18 of the United States Code is amended by adding after chapter 45 a new chapter 46 as follows:

•-

"CHAPTER 46—FORFEITURE

S6C.

"981. Civil Forfeiture. "982. Criminal Forfeiture.

18 USC 981

.

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"

' - ' ••-.',';'

. '.•:-

"§ 981. Civil forfeiture "(a)(1) Except as provided in paragraph (2), the following property is subject to forfeiture to the United States: "(A) Any property, real or personal, which represents the gross receipts a person obtains, directly or indirectly, as a result of a violation of section 1956 or 1957 of this title, or which is traceable to such gross receipts. vS?J3 c>aiu£ "(B) Any property within the jurisdiction of the United -•*<^'i States, which represents the proceeds of an offense against a foreign nation involving the manufacture, importation, sale, or distribution of a controlled substance (as such term is defined 21 USC 801 note. for the purposes of the Controlled Substances Act), within whose jurisdiction such offense or activity would be punishable by death or imprisonment for a term exceeding one year and which would be punishable by imprisonment for a term exceedp:i\ ing one year if such act or activity had occurred within the jurisdiction of the United States. "(C) Any coin and currency (or other monetary instrument as Yt' ^ the Secretary of the Treasury may prescribe) or any interest in "'- *^' other property, including any deposit in a financial institution, traceable to such coin or currency involved in a transaction or attempted transaction in violation of section 5313(a) or 5324 of title 31 may be seized and forfeited to the United States GovernJ'^i. ment. No property or interest in property shall be seized or

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100 STAT. 3207-36

forfeited if the violation is by a domestic financial institution -» examined by a Federal bank supervisory agency or a financial "(2) No property shall be forfeited under this section to the extent -. >. nr. jtja of the interest of an owner or lienholder by reason of any act or m emission established by that owner or lienholder to have been committed without the knowledge of that owner or lienholder. "(b) Any property subject to forfeiture to the United States under subsection (a)(1)(A) or (a)(1)(B) of this section may be seized by the Attorney General or, with respect to property involved in a violation of section 1956 or 1957 of this title investigated by the Secretary of the Treasury, may be seized by the Secretary of the Treasury, and any property subject to forfeiture under subsection (a)(1)(C) of this section may be seized by the Secretary of the Treasury, in each case upon process issued pursuant to the Supplemental Rules for certain Admiralty and Maritime Claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made when— "(1) the seizure is pursuant to a lawful arrest or search; or "(2) the Attorney General or the Secretary of the Treasury, as the case may be, has obtained a warrant for such seizure pursuant to the Federal Rules of Criminal Procedure, in which 18 USC app. ^*>- event proceedings under subsection (d) of this section shall be instituted promptly. "(c) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General or the Secretary of the Treasury, as the case may be, subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under this subsection, the Attorney General or the Secretary of the Treasury, as the case may be, may— "(1) place the property under seal; "(2) remove the property to a place designated by him; or ^' "(3) require that the General Services Administration take custody of the property and remove it, if practicable, to an appropriate location for disposition in accordance with law. "(d) For purposes of this section, the provisions of the customs laws relating to the seizure, summary and judicial forfeiture, condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale of this section, the remission or mitigation of such forfeitures, and the compromise of claims (19 U.S.C. 1602 et seq.), insofar as they are applicable and not inconsistent with the provisions of this section, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under this section, except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General or the Secretary of the Treasury, as the case may be.
 * ic institution regulated by the Securities and Exchange Commission or a partner, director, officer, or employee thereof.
 * ?oa
 * H:

"(e) Notwithstanding any other provision of the law, except section 3 of the Anti Drug Abuse Act of 1986, the Attorney General or the Secretary of the Treasury, as the case may be, is authorized to retain property forfeited pursuant to this section, or to transfer such property on such terms and conditions as he may determine to—

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 100 STAT. 3207-37

PUBLIC LAW 99-570—OCT. 27, 1986

"(1) any other Federal agency; or ift "(2) any State or local law enforcement agency which participated directly in any of the acts which led to the seizure or forfeiture of the property. State and local The Attorney General or the Secretary of the Tresisury, as the case governments. may be, shall ensure the equitable transfer pursuant to paragraph (2) of any forfeited property to the appropriate State or local law enforcement agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such property. A decision by the Attorney General or the Secretary of the Treasury pursuant to paragraph (2) shall not be subject to review. The United States shall not be liable in any action arising out of the use of any property the custody of which was transferred pursuant to this section to any non-Federal agency. The Attorney General or the Secretary of the Treasury may order the discontinuance of any forfeiture proceedings under this section in favor of the institution of forfeiture proceedings by State or local authorities under an appropriate State or local statute. After the filing of a complaint for forfeiture under this section, the Attorney General may seek dismissal of the complaint in favor of forfeiture proceedings under State or local law. Whenever forfeiture proceedings are discontinued by the United States in favor of State H; 'JC or local proceedings, the United States may transfer custody and possession of the seized property to the appropriate State or local official immediately upon the initiation of the proper actions by such officials. Whenever forfeiture proceedings are discontinued by the United States in favor of State or local proceedings, notice shall be sent to all known interested parties advising them of the discontinuance or dismissal. The United States shall not be liable in any action arising out of the seizure, detention, and transfer of seized property to State or local officials. "(f) AH right, title, and interest in property described in subsection (a) of this section shall vest in the United States upon commission of the act giving rise to forfeiture under this section. "(g) The filing of an indictment or information alleging a violation of law which is also related to a forfeiture proceeding under this section shall, upon motion of the United States and for good cause shown, stay the forfeiture proceeding. "(h) In addition to the venue provided for in section 1395 of title 28 or any other provision of law, in the case of property of a defendant charged with a violation that is the basis for forfeiture of the property under this section, a proceeding for forfeiture under this section may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought. "(i) In the case of property subject to forfeiture under subsection (a)(l)(B), the following additional provisions shall, to the extent provided by treaty, apply: "(1) Notwithstanding any other provision of law, except sec»t tion 3 of the Anti Drug Abuse Act of 1986, whenever property is civilly or criminally forfeited under the Controlled Substances 21 USC 801 note. Act, the Attorney General may, with the concurrence of the Secretary of State, equitably transfer any conveyance, currency, ' and any other type of personal property which the Attorney 01 General may designate by regulation for equitable transfer, or ' any amounts realized by the United States from the sale of any real or personal property forfeited under the Controlled

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>

100 STAT. 3207-38

Substances Act to an appropriate foreign country to reflect 21 USC 801 note. generally the contribution of any such foreign country participating directly or indirectly in any acts which led to the seizure or forfeiture of such property. Such property when forfeited pursuant to subsection (a)(l)(B) of this section may also be transferred to a foreign country pursuant to a treaty providing for the transfer of forfeited property to such foreign country. A -• • - ; ^ decision by the Attorney General pursuant to this paragraph shall not be subject to review. The foreign country shall, in the - • -^ event of a transfer of property or proceeds of sale of property under this subchapter, bear all expenses incurred by the United States in the seizure, maintenance, inventory, storage, forfeiture, and disposition of the property, and all transfer costs. The payment of all such expenses, and the transfer of assets pursuant to this paragraph, shall be upon such terms and conditions as the Attorney General may, in his discretion, set. Transfers may be made under this subsection during a fiscal year to a country that is subject to paragraph (I)(A) of section 481(h) of the Foreign Assistance Act of 1961 (relating to restrictions on 22 USC 2291. United States assistance) only if there is a certification in effect with respect to that country for that fiscal year under paragraph (2) of that section. "(2) The provisions of this section shall not be construed as limiting or superseding any other authority of the United States ,.. g^..,y, to provide assistance to a foreign country in obtaining property related to a crime committed in the foreign country, including property which is sought as evidence of a crime committed in the foreign country. "(3) A certified order or judgment of forfeiture by a court of competent jurisdiction of a foreign country concerning property which is the subject of forfeiture under this section and was determined by such court to be the type of property described in ^^'. subsection (a)(l)(B) of this section, and any certified recordings or transcripts of testimony taken in a foreign judicial proceeding concerning such order or judgment of forfeiture, shall be admissible in evidence in a proceecUng brought pursuant to this section. Such certified order or judgment of forfeiture, when admitted into evidence, shall constitute probable cause that the property forfeited by such order or judgment of forfeiture is subject to forfeiture under this section and creates a rebuttable presumption of the forfeitability of such property under this section. "(4) A certified order or judgment of conviction by a court of competent jurisdiction of a foreign country concerning an unlawful drug activity which gives rise to forfeiture under this section and any certified recordings or transcripts of testimony taken in a foreign judicial proceeding concerning such order or judgment of conviction shall be admissible in evidence in a proceeding brought pursuant to this section. Such certified order or judgment of conviction, when admitted into evidence, creates a rebuttable presumption that the unlawful drug activity giving rise to forfeiture under this section has occurred. "(5) The provisions of paragraphs (3) and (4) of this subsection shall not be construed as limiting the admissibility of any evidence otherwise admissible, nor shall they limit the ability of the United States to establish probable cause that property is subject to forfeiture by any evidence otherwise admissible.

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PUBLIC LAW 99-570—OCT. 27, 1986

"(j) For purposes of this section— "(1) the term 'Attorney General' means the Attorney General or his delegate; and "(2) the term 'Secretary of the Treasury' means the Secretary of the Treasury or his delegate. 18 USC 982. Real property.

'MJ ffi'

18 USC 981 note.

"§ 982. Criminal forfeiture "(a) The court, in imposing sentence on a person convicted of an offense under section 1956 or 1957 of this title shall order that the person forfeit to the United States any property, real or personal, which represents the gross receipts the person obtained, directly or indirectly, as a result of such offense, or which is traceable to such gross receipts. "OJ) The provisions of subsections 413(c) and (e) through (o) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853 (c) and (e)—(o)) shall apply to property subject to forfeiture under this section, to any seizure or disposition thereof, and to any administrative or judicial proceeding in relation thereto, if not inconsistent with this section.". (b) The chapter analysis of part I of title 18, United States Code, is amended by inserting after the item for chapter 45 the following: "46. Forfeiture SEC. 1367. SEVERABILITY CLAUSE.

981".

If any provision of this subtitle or any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the provisions of every other part, and their application, shall not be affected thereby. Career Criminals Amendment Act of 1986. 18 USC 921 note.

Subtitle I—Armed Career Criminals SEC.1401. SHORT TITLE.

This subtitle may be cited as the "Career Criminals Amendment Act of 1986". SEC. 1402. EXPANSION OF PREDICATE OFFENSES FOR ARMED CAREER CRIMINAL PENALTIES.

(a) IN GENERAL.—Section 924(e)(l) of title 18, United States Code, is amended by striking out "for robbery or burglary, or both," and inserting in lieu thereof "for a violent felony or a serious drug offense, or both,". (b) DEFINITIONS.—Section 924(e)(2) of title 18, United States Code, is amended by striking out subparagraph (A) and all that follows through subparagraph (B) and inserting in lieu thereof the following: "(A) the term 'serious drug offense' means— "(i) an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the first section or section 3 of Public Law 96-350 (21 U.S.C. 955a et seq.), for which a maximum term of imprisonment of ten years or more is prescribed by law; or "(ii) an offense under State law, involving manufac^ turing, distributing, or possessing with intent to manu', facture or distribute, a controlled substance (as defined 3id«. in section 102 of the Controlled Substances Act (21

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U.S.C. 802)), for which a maximum term of imprisonment of ten years or more is prescribed by law; and "(B) the term 'violent felony' means any crime punishable by imprisonment for a term exceeding one year that— "(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or "(ii) is burglary, arson, or extortion, involves use of Q^pr explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.". Subtitle J—Authorization of Appropriation for Drug Law Enforcement SEC. 1451. AUTHORIZATION OF APPROPRIATIONS.

>

^^ ^ }

,,., ^ Drug Enforcement Enhancement Act of 1986.

(a) There is authorized to be appropriated for fiscal year 1987 for v r ai? the Department of Justice for the Drug Enforcement Administration, $60,000,000; except, that notwithstanding section 1345 of title 31, United States Code, funds made available to the Department of Justice for the Drug Enforcement Administration in any fiscal year may be used for travel, transportation, and subsistence expenses of State, county, and local officers attending conferences, meetings, and training courses at the FBI Academy, Quantico, Virginia. (b) The Drug Enforcement Administration of the Department of Justice is hereby authorized to plan, construct, renovate, maintain, remodel and repair buildings and purchase equipment incident . thereto for an All Source Intelligence Center, but the existing El Paso Intelligence Center shall remain in Texas." (c) There is authorized to be appropriated for fiscal year 1987 for j. i,,.,+, ^ the Department of Justice for the Federal Prison System, $124,500,000, of which $96,500,000 shall be for the construction of Federal penal and correctional institutions and $28,000,000 shall be for salaries and expenses. (d) There is authorized to be appropriated for fiscal year 1987 for the Judiciary for Defender Services, $18,000,000. (e) There is authorized to be appropriated for fiscal year 1987 for the Judiciary for Fees and Expenses of Jurors and Commissioners, $7,500,000. (f) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for the Office of Justice Assistance, $2,000,000 to carry out a pilot prison capacity program. (g) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for support of United States prisoners in non-Federal Institutions, $5,000,000. (h) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for the Offices of the United States Attorneys, $31,000,000. (i) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for the United States Marshals Service, $17,000,000. "(j) Authorizations of appropriations for fiscal year 1987 contained in this section are in addition to those amounts agreed to in the conference agreement reached on Title I of H.J. Res. 738." Ante, p. 1783; (k) In addition to any other amounts that may be authorized to be P°^^' P- ^341. appropriated for fiscal year 1987, the following sums are authorized to be appropriated to procure secure voice radios:

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PUBLIC LAW 99-570—OCT. 27, 1986

Federal Bureau of Investigation. Secret Service

$2,000,000 $5,000,000.

(1) This section may be cited as the "Drug Enforcement Enhancement Act of 1986". State and Local Law Enforcement Assistance Act of 1986. 42 USC 3711 note.

Subtitle K—State and Local Narcotics Control Assistance SEC. 1551. SHORT TITLE.

This subtitle may be cited as the "State and Local Law Enforcement Assistance Act of 1986". SEC. 1552. BUREAU OF JUSTICE ASSISTANCE DRUG GRANT PROGRAMS.

42 USC 3797.

(a) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712 et seq.) is amended— (1) by redesignating part M as part N, ' "' "' ' • " (2) by redesignating section 1301 as section 1401, and (3) by inserting after part L the following new part: ,, ^i-

"PART M—GRANTS FOR DRUG LAW ENFORCEMENT PROGRAMS FUNCTION OF THE DIRECTOR State and local governments. 42 USC 3796h.

0? i.Vi

"SEC. 1301. The Director shall provide funds to eligible States and units of local government pursuant to this part. "DESCRIPTION OF D R U G LAW ENFORCEMENT GRANT PROGRAM

State and local governments. 42 USC 37961.

"SEC. 1302. The Director is authorized to make grants to States, for the use of States and units of local government in the States, for the purpose of enforcing State and local laws that establish offenses similar to offenses established in the Controlled Substances Act (21 U.S.C. 801 et seq.), and to— "(1) provide additional personnel, equipment, facilities, personnel training, and supplies for more widespread apprehension of persons who violate State and local laws relating to the production, possession, and transfer of controlled substances and to pay operating expenses (including the purchase of evidence and information) incurred as a result of apprehending such persons; "(2) provide additional personnel, equipment, facilities (including upgraded and additional law enforcement crime laboratories), personnel training, and supplies for more widespread prosecution of persons accused of violating such State and local laws and to pay operating expenses in connection with such prosecution; "(3) provide additional personnel (including judges), equipment, personnel training, and supplies for more widespread adjudication of cases involving persons accused of violating such State and local laws, to pay operating expenses in connection with such adjudication, and to provide quickly temporary facili-n-u ties in which to conduct adjudications of such cases; "(4) provide additional public correctional resources for the detention of persons convicted of violating State and local laws relating to the production, possession, or transfer of controlled substances, and to establish and improve treatment and re-

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habilitative counseling provided to drug dependent persons convicted of violating State and local laws; "(5) conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted; "(6) provide programs which identify and meet the needs of drug-dependent offenders; and "(7) conduct demonstration programs, in conjunction with local law enforcement officials, in areas in which there is a high incidence of drug abuse and drug trafficking to expedite the prosecution of major drug offenders by providing additional resources, such as investigators and prosecutors, to identify major drug offenders and move these offenders expeditiously through the judicial system. APPLICATIONS TO RECEIVE GRANTS

"SEC. 1303. To request a grant under section 1302, the chief executive officer of a State shall submit to the Director an application at such time and in such form as the Director may require. Such application shall include— "(1) a statewide strategy for the enforcement of State and local laws relating to the production, possession, and transfer of controlled substances; "(2) a certification that Federal funds made available under section 1302 of this title will not be used to supplant State or 2 local funds, but will be used to increase the amounts of such 5 funds that would, in the absence of Federal funds, be made available for drug law enforcement activities; J "(3) a certification that funds required to pay the non-Federal portion of the cost of each program and project for which such ^ grant is made shall be in addition to funds that would otherwise 'I be made available for drug law enforcement by the recipients of ^ grant funds; ^ "(4) an assurance that the State application described in this section, and any amendment to such application, has been submitted for review to the State legislature or its designated body (for purposes of this section, such application or amendment shall be deemed to be reviewed if the State legislature or such body does not review such application or amendment a within the 60-day period beginning on the date such application '; or amendment is so submitted); and ^ _ "(5) an assurance that the State application and any amendX-. ment thereto was made public before submission to the Bureau and, to the extent provided under State law or established procedure, an opportunity to comment thereon was provided to citizens and to neighborhood and community groups. Such strategy shall be prepared after consultation with State and local officials whose duty it is to enforce such laws. Such strategy shall include an assurance that following the first fiscal year covered by an application and each fiscal year thereafter, the applicant shall submit to the Director or to the State, as the case may be, a performance report concerning the activities carried out pursuant to section 1302 of this title.

State and local governments.

42 USC 3796J.

Reports.

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 100 STAT. 3207-43 -noa 'dpi

42 USC 3796k.

Grants.

PUBLIC LAW 99-570—OCT. 27, 1986 REVIEW OF APPLICATIONS

"SEC. 1304. (a) The Bureau shall provide financial assistance to each State applicant under section 1302 of this title to carry out the programs or projects submitted by such applicant upon determining that' l l) the application or amendment thereto is consistent with the requirements of this title; and "(2) before the approval of the application and any amendment thereto the Bureau has made an affirmative finding in writing that the program or project has been reviewed in accordance with section 1303 of this title. Each application or amendment made and submitted for approval to the Bureau pursuant to section 1303 shall be deemed approved, in whole or in part, by the Bureau not later than sixty days after first received unless the Bureau informs the applicant of specific reasons for disapproval. "0>) Grant funds awarded under section 1302 of this title shall not be used for land acquisition or construction projects, other than penal and correctional institutions. "(c) The Bureau shall not finally disapprove any application, or any amendment thereto, submitted to the Director under this section without first affording the applicant reasonable notice and opportunity for reconsideration. ALLOCATION AND DISTRIBUTION OF FUNDS UNDER FORMULA GRANTS

State and local governments. 42 USC 3796Z.

"SEC. 1305. (a) Of the total amount appropriated for this part in any fiscal year, 80 per centum shall be set aside for section 1302 and allocated to States as follows: "(1) $500,000 shall be allocated to each of the participating States. "(2) Of the total funds remaining after the allocation under lo i paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States. "ObXD Each State which receives funds under subsection (a) in a fiscal year shall distribute among units of local government, or combinations of units of local government, in such State for the purposes specified in section 1302 of this title that portion of such funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government for criminal justice in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government in such State for criminal justice in such preceding fiscal year. "(2) Any funds not distributed to units of local government under paragraph (1) shall be available for expenditure by the State involved. "(3) For purposes of determining the distribution of funds under paragraph (1), the most accurate and complete data available for the fiscal year involved shall be used. If data for such fiscal year are not available, then the most accurate and complete data available for the most recent fiscal year preceding such fiscal year shall be used. "(c) No funds allocated to a State under subsection (a) or received by a State for distribution under subsection (b) may be distributed

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by the Director or by the State involved for any program other than a program contained in an approved application. "(d) If the Director determines, on the basis of information available to it during any fiscal year, that a portion of the funds allocated to a State for that fiscal year will not be required or that a State will be unable to qualify or receive funds under section 1302 of this title, or that a State chooses not to participate in the program established under such section, then such portion shall be awarded by the Director to urban, rural, and suburban units of local government or combinations thereof within such State giving priority to those jurisdictions with greatest need. "(e) Any funds allocated under subsection (a) that are not distributed under this section shall be available for obligation under section 1309 of this title.

Urban areas. Rural areas.

im

"REPORTS

"SEC. 1306. (a) Each State which receives a grant under section 1302 of this title shall submit to the Director, for each year in which any part of such grant is expended by a State or unit of local government, a report which contains— "(1) a summary of the activities carried out with such grant and an assessment of the impact of such activities on meeting • the needs identified in the State strategy submitted under section 1303 of this title; ^ "(2) a summary of the activities carried out in such year with '* any grant received under section 1309 of this title by such State; and "(3) such other information as the Director may require by rule. Such report shall be submitted in such form and by such time as the Director may require by rule. "(b) Not later than ninety days after the end of each fiscal year for which grants are made under section 1302 of this title, the Director shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that includes with respect to each State— "(1) the aggregate amount of grants made under sections 1302 and 1309 of this title to such State for such fiscal year; "(2) the amount of such grants expended for each of the ' purposes specified in section 1302; and "(3) a summary of the information provided in compliance t with paragraphs (1) and (2) of subsection (a). '.

'

42 USC 3796m.

EXPENDITURE OF GRANTS; RECORDS

"SEC. 1307. (a) A grant made under section 1302 of this title may not be expended for more than 75 per centum of the cost of the identified uses, in the aggregate, for which such grant is received to carry out any purpose specified in section 1302, except that in the case of funds distributed to an Indian tribe which performs law enforcement functions (as determined by the Secretary of the Interior) for any such program or project, the amount of such grant shall be equal to 100 per centum of such cost. The non-Federal portion of the expenditures for such uses shall be paid in cash.

Indians. 42 USC 3796n.

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State and local governments.

PUBLIC LAW 99-570—OCT. 27, 1986

"(h) Not more than 10 per centum of a grant made under section 1302 of this title may be used for costs incurred to administer such grant. "(c)(1) Each State which receives a grant under section 1302 of this title shall keep, and shall require units of local government which receive any part of such grant to keep, such records as the Director may require by rule to facilitate an effective audit. "(2) The Director and the Comptroller General of the United States shall have access, for the purpose of audit and examination, to any books, documents, and records of States which receive grants, and of units of local government which receive any part of a grant made under section 1302, if in the opinion of the Director or the Comptroller General, such books, documents, and records are related to the receipt or use of any such grant. STATE OFFICE

42 USC 3796o.

"SEC. 1308. (a) The chief executive of each participating State shall designate a State office for purposes of— "(1) preparing an application to obtain funds under section 1302 of this title; and "(2) administering funds received under such section from the Director, including receipt, review, processing, monitoring, !»« progress and financial report review, technical assistance, grant adjustments, accounting, auditing, and fund disbursements. "(b) An office or agency performing other functions within the executive branch of a State may be designated to carry out the functions specified in subsection (a). !.{i,|i:

DISCRETIONARY GRANTS

42 USC 3796p.

"SEC. 1309. The Director is authorized to make grants to public agencies and private nonprofit organizations for any purpose specified in section 1302 of this title. The Director shall have final authority over all grants awarded under this section. APPLICATION REQUIREMENTS

42 USC 3796q.

f»-;

..-'cih^.r' J F:

"SEC. 1310. (a) No grant may be made under section 1309 of this title unless an application has been submitted to the Director in which the applicant— "(1) sets forth a program or project which is eligible for funding pursuant to section 1309 of this title; and "(2) describes the services to be provided, performance goals, and the manner in which the program is to be carried out. "0)) Each applicant for funds under section 1309 of this title shall certify that its program or project meets all the requirements of this section, that all the information contained in the application is correct, and that the applicant will comply with all the provisions of this title and all other applicable Federal laws. Such certification shall be made in a form acceptable to the Director. ALLOCATION OF FUNDS FOR DISCRETIONARY GRANTS

42 USC 3796r.

"SEC. 1311. Of the total amount appropriated for this part in any fiscal year, 20 per centum shall be reserved and set aside for section 1309 of this title in a special discretionary fund for use by the Director in carrying out the purposes specified in section 1302 of this

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title. Grants under section 1309 may be made for amounts up to 100 per centum of the costs of the programs or projects contained in the approved application. "LIMITATION ON USE OF DISCRETIONARY GRANT FUNDS

"SEC. 1312. Grant funds awarded under section 1309 of this title shall not be used for land acquisition or construction projects.". (b)(1) Subsections (a) and (b) of section 401 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3741) are each amended by striking out "part E" and inserting in lieu thereof "parts E and M". (2) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)) is amended by striking out "parts D and E" and inserting in lieu thereof "parts D, E, and M". (3) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is amended by inserting "or M" after "part D". (4) Section 808 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789) is amended by inserting "or 1308, as the case may be," after "section 408". (5) The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by striking out the items relating to part M and section 1301, and inserting in lieu thereof the following new items:

42 USC 3796s.

"PART M—GRANTS FOR DRUG LAW ENFORCEMENT PROGRAMS

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

1301. Function of the Director. 1302. Description of drug law enforcement grant program. 1303. Applications to receive grants. 1304. Review of applications. 1305. Allocation and distribution of funds under formula grants. 1306. Reports. 1307. Expenditure of grants; records. 1308. State office. 1309. Discretionary grants. 1310. Application requirements. 1311. Allocation of funds for discretionary grants. 1312. Limitation on use of discretionary grant funds.

•

/

"PART N—TRANSITION—EFFECTIVE DATE—REPEALER

"Sec. 1401. Continuation of rules, authorities, and proceedings.".

(c) Section 1001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended— (1) in subsection (a)— (A) in paragraph (3) by striking out "and L" and inserting ' •' in lieu thereof "L, and M", ^ (B) by redesignating paragraph (6) as paragraph (7), and (C) by inserting after paragraph (5) the following new paragraph: "(6) There are authorized to be appropriated $230,000,000 for fiscal year 1987, $230,000,000 for fiscal year 1988, and $230,000,000 for fiscal year 1989, to carry out the programs under part M of this title."; and (2) in subsection (h) by striking out "and E" and inserting in lieu thereof ", E, and M".

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Subtitle L—Study on the Use of Existing Federal Buildings as Prisons SEC. 1601. STUDY REQUIRED.

gjjfti H,?., j;

Reports.

'

(a) Within 90 days of the date of enactment of this Act, the Secretary of Defense shall provide to the Attorney General— (1) a list of all sites under the jurisdiction of the Department of Defense including facilities beyond the excess and surplus r property inventories whose facilities or a portion thereof could > be used, or are being used, as detention facilities for felons, especially those who are a Federal responsibility such as illegal alien felons and major narcotics traffickers; (2) a statement of fact on how such facilities could be used as detention facilities with detailed descriptions on their actual daily percentage of use; their capacities or rated capacities; the time periods they could be utilized as detention facilities; the cost of converting such facilities to detention facilities; and, c the cost of maintaining them as such; and (3) in consultation with the Attorney General, a statement showing how the Department of Defense and the Department of Justice would administer and provide staffing responsibilities to convert and maintain such detention facilities. (b) Copies of the report and analysis required by subsection (a) shall be provided to the Congress. Subtitle M—Narcotics Traffickers Deportation Act SEC. 1751. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

(a) Section 212(a)(23) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(23)) is amended— (1) by striking out "any law or regulation relating to" and all that follows through "addiction-sustaining opiate" and inserting in lieu thereof "any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))"; and (2) by striking out "any of the aforementioned drugs" and inserting in lieu thereof "any such controlled substance". (b) Section 241(a)(ll) of such Act (8 U.S.C. 1251(a)(ll)) is amended by striking out "any law or regulation relating to" and all that follows through "addiction-sustaining opiate" and inserting in lieu thereof "any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))". 8 USC 1182 note. (c) The amendments made by the subsections (a) and (b) of this section shall apply to convictions occurring before, on, or after the date of the enactment of this section, and the amendments made by subsection (a) shall apply to aliens entering the United States after • the date of the enactment of this section. (d) Section 287 of the Immigration and Nationality Act (8 U.S.C. "(d) In the case of an alien who is arrested by a Federal, State, or local law enforcement official for a violation of any law relating to controlled substances, if the official (or another official)—
 * 1357) is amended by adding at the end the following new subsection:

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"(1) has reason to believe that the alien may not have been lawfully admitted to the United States or otherwise is not lawfully present in the United States, "(2) expeditiously informs an appropriate officer or employee of the Service authorized and designated by the Attorney General of the arrest and of facts concerning the status of the alien, and "(3) requests the Service to determine promptly whether or not to issue a detainer to detain the alien, the officer or employee of the Service shall promptly determine whether or not to issue such a detainer. If such a detainer is issued and the alien is not otherwise detained by Federal, State, or local officials, the Attorney General shall effectively and expeditiously take custody of the alien.". (e)(1) From the sums appropriated to carry out this Act, the 8 USC 1103 note. Attorney General, through the Investigative Division of the Immigration and Naturalization Service, shall provide a pilot program in 4 cities to establish or improve the computer capabilities of the local offices of the Service and of local law enforcement agencies to respond to inquiries concerning aliens who have been arrested or convicted for, or are the subject to criminal investigation relating to, a violation of any law relating to controlled substances. The Attorney General shall select cities in a manner that provides special consideration for cities located near the land borders of the United States and for large cities which have major concentrations of aliens. Some of the sums made available under the pilot program shall be used to increase the personnel level of the Investigative Division. (2) At the end of the first year of the pilot program, the Attorney Reports. General shall provide for an evaluation of the effectiveness of the program and shall report to Congress on such evaluation and on whether the pilot program should be extended or expanded. Subtitle N—Freedom of Information Act SEC. 1801. SHORT TITLE.

This subtitle may be cited as the "Freedom of Information Reform Act of 1986".

Freedom of Information Reform Act of 1986. 5 USC 552 note.

SEC. 1802. LAW ENFORCEMENT.

(a) EXEMPTION.—Section 552(b)(7) of title 5, United States Code, is amended to read as follows: "(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and proce-

State and local governments.

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 100 STAT. 3207-49

PUBLIC LAW 99-570—OCT. 27, 1986

dures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual;". (b) EXCLUSIONS.—Section 552 of title 5, United States Code, is amended by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f) respectively, and by inserting after subsection (b) the following new subsection: "(c)(1) Whenever a request is made which involves access to records described in subsection (b)(7)(A) and— "(A) the investigation or proceeding involves a possible violation of criminal law; and "(B) there is reason to believe that (i) the subject of the investigation or proceeding is not aware of its pendency, and (ii) disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings, the agency may, during only such time as that circumstance continues, treat the records as not subject to the requirements of this section. "(2) Whenever informant records maintained by a criminal law enforcement agency under an informant's name or personal identifier are requested by a third party according to the informant's name or personal identifier, the agency may treat the records as not subject to the requirements of this section unless the informant's status as an informant has been officially confirmed. "(3) Whenever a request is made which involves access to records maintained by the Federal Bureau of Investigation pertaining to foreign intelligence or counterintelligence, or international terrorism, and the existence of the records is classified information as provided in subsection (b)(D, the Bureau may, as long as the existence of the records remains classified information, treat the records as not subject to the requirements of this section.". SEC. 1803. FEES AND FEE WAIVERS.

Regulations.

Research and development.

Paragraph (4)(A) of section 552(a) of title 5, United States Code, is amended to read as follows: "(4)(A)(i) In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying the schedule of fees applicable to the processing of requests under this section and establishing procedures and guidelines for determining when such fees should be waived or reduced. Such schedule shall conform to the guidelines which shall be promulgated, pursuant to notice and receipt of public comment, by the Director of the Office of Management and Budget and which shall provide for a uniform schedule of fees for all agencies, "(ii) Such agency regulations shall provide that— "(I) fees shall be limited to reasonable standard charges for document search, duplication, and review, when records are requested for commercial use; "(II) fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or noncommercial scientific institution, whose purpose is scholarly or scientific research; or a representative of the news media; and

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100 STAT. 3207-50

"(III) for any request not described in (I) or (II), fees shall be limited to reasonable standard charges for document search and duplication, "(iii) Documents shall be furnished without any charge or at a charge reduced below the fees established under clause (ii) if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. "(iv) Fee schedules shall provide for the recovery of only the direct costs of search, duplication, or review. Review costs shall include only the direct costs incurred during the initial examination of a document for the purposes of determining whether the documents must be disclosed under this section and for the purposes of withholding any portions exempt from disclosure under this section. Review costs may not include any costs incurred in resolving issues of law or policy that may be raised in the course of processing a request under this section. No fee may be charged by any agency under this section— "(I) if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee; or "(II) for any request described in clause (ii) (II) or (III) of this subparagraph for the first two hours of search time or for the first one hundred pages of duplication. "(v) No agency may require advance payment of any fee unless the requester has previously failed to pay fees in a timely fashion, or the agency has determined that the fee will exceed $250. "(vi) Nothing in this subparagraph shall supersede fees chargeable under a statute specifically providing for setting the level of fees for particular types of records. "(vii) In any action by a requester regarding the waiver of fees under this section, the court shall determine the matter de novo: Provided, That the court's review of the matter shall be limited to the record before the agency.". SEC. 1804. EFFECTIVE DATES.

(a) The amendments made by section 1802 shall be effective on the date of enactment of this Act, and shall apply with respect to any requests for records, whether or not the request was made prior to such date, and shall apply to any civil action pending on such date. (b)(1) The amendments made by section 1803 shall be effective 180 days after the date of enactment of this Act, except that regulations to implement such amendments shall be promulgated by such 180th day. (2) The amendments made by section 1803 shall apply with respect to any requests for records, whether or not the request was made prior to such date, and shall apply to any civil action pending on such date, except that review charges applicable to records requested for commercial use shall not be applied by an agency to requests made before the effective date specified in paragraph (1) of this subsection or before the agency has finally issued its regulations.

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5 USC 552 note.

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PUBLIC LAW 99-570—OCT. 27, 1986

Mail Order Drug cSticf'

Subtitle O—Prohibition on the Interstate Sale and Transportation Of » ' " « Paraphernalia

21 USC 801 note.

SEC. 1821. SHORT TITLE.

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This subtitle may be cited as the "Mail Order Drug Paraphernalia Control Act". 21 USC 857.

21 USC 802.

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SEC. 1822. OF F E N S E.

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(a) It is unlawful for any person— (1) to make use of the services of the Postal Service or other interstate conveyance as part of a scheme to sell drug paraphernalia; (2) to offer for sale and transportation in interstate or foreign commerce drug paraphernalia; or (3) to import or export drug paraphernalia. (b) Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined not more than $100,000. (c) Any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture upon the conviction of a person for such violation. Any such paraphernalia shall be delivered to the Administrator of General Services, General Services Administration, who may order such paraphernalia destroyed or may authorize its use for law enforcement or educational purposes by Federal, State, or local authorities. (d) The term "drug paraphernalia" means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Controlled Substances Act (title II of Public Law 91-513). It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines into the human body, such £IS— Q) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (2) w a t e r pipes;

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(3) carburetion tubes and devices; (4) smoking and carburetion masks; (5) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; (6) miniature spoons with level capacities of one-tenth cubic centimeter or less; - r, jo .- !--. ^

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(7) c h a m b e r pipes; (8) c a r b u r e to r pipes; (9) electric pipes; (10) air-driven pipes; (11) chillums;

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bongs; ice pipes or chillers; wired cigarette papers; or cocaine freebase kits.

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iOO STAT. 3207-52

(e) In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered: (1) instructions, oral or written, provided with the item I. concerning its use; "^ (2) descriptive materials accompanying the item which explain or depict its use; (3) national and local advertising concerning its use; ^'''] (4) the manner in which the item is displayed for sale; f"' (5) whether the owner, or anyone in control of the item, is a ^'^ legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; ^^' (6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise; (7) the existence and scope of legitimate uses of the item in the community; and (8) expert testimony concerning its use. (f) This subtitle shall not apply to— (1) any person authorized by local. State, or Federal law to manufacture, possess, or distribute such items; or (2) any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and primarily intended for use with tobacco products, including any pipe, paper, or accessory. SEC. 1823. EFFECTIVE DATE.

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21 USC 857 note.

This subtitle shall become effective 90 days after the date of enactment of this Act. Subtitle P—Manufacturing Operations SEC. 1841. MANUFACTURING OPERATION.

(a) Part D of the Controlled Substances Act is amended by adding at the end thereof the following new section:

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" ESTABLISHMENT O F MANUFACTURING OPERATIONS

"SEC. 416. (a) Except as authorized by this title, it shall be unlawful to— "(1) knowingly open or maintain any place for the purpose of manufacturing, distributing, or using any controlled substance; "(2) manage or control any building, room, or enclosure, either as an owner, lessee, agent, employee, or mortgsigee, and knowingly and intentionally rent, lease, or make available for use, with or without compensation, the building, room, or enclosure for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance. "(b) Any person who violates subsection (a) of this section shall be sentenced to a term of imprisonment of not more than 20 years or a fine of not more than $500,000, or both, or a fine of $2,000,000 for a person other than an individual.". (b) Section 405A of the Controlled Substances Act is amended— (1) in subsection (a) by inserting after "section 401(a)(l)" the following: "or section 416"; and (2) in subsection Ob) by inserting after "section 401(a)(l)" the following: "or section 416".

21 USC 856.

^"*«. P- 3207-11.

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PUBLIC LAW 99-570—OCT. 27, 1986

Subtitle Q—Controlled Substances Technical Amendments Drug and Alcohol Dependent Offenders Treatment Act of 1986. 18 USC 3661 note. 98 Stat. 1987. Contracts.

18 USC 3552. Effective date. 18 USC 3672 note.

Contracts.

18 USC 4255 note.

SEC. 1861. DUTIES OF DIRECTOR OF ADMINISTRATIVE OFFICE AND AUTHORIZATIONS.

(a) SHORT TITLE.—This section may be cited as the "Drug and Alcohol Dependent Offenders Treatment Act of 1986". (b) PERMANENT AMENDMENT RELATING TO DUTIES OF DIRECTOR OF ADMINISTRATIVE OFFICE.—(1) The section of title 18, United States

Code, that is redesignated section 3672 by section 212(a) of the Comprehensive Crime Control Act of 1984 is amended by adding at the end thereof: "He shall have the authority to contract with any appropriate public or private agency or person for the detection of and care in the community of an offender who is an alcohol-dependent person, or an addict or a drug-dependent person within the meaning of section 2 of the Public Health Service Act (42 U.S.C. 201). This authority shall include the authority to provide equipment and supplies; testing; medical, educational, social, psychological, and vocational services; corrective and preventive, guidance and training; and other rehabilitative services designed to protect the public and benefit the alcohol dependent ^ person, addict, or drug dependent person by eliminating his dependence on alcohol or addicting drugs, or by controlling his dependence and his susceptibility to addiction. He may negotiate and award such contracts without regard to section 3709 of I the Revised Statutes (41 U.S.C. 5). "He shall pay for presentence studies and reports by qualified consultants and presentence examinations and reports by psychiatric or psychological examiners ordered by the court under subsection (b) or (c) of section 3552, except for studies conducted by the Bureau of Prisons.". (2) The amendment made by this section shall take effect on the date of the taking effect of such redesignation. (c) INTERIM AMENDMENT RELATING TO DUTIES OF DIRECTOR OF ADMINISTRATIVE OFFICE.—The second paragraph of section 4255 of

title 18, United States Code, is amended to read as follows: "The Director of the Administrative Office of the United States Courts shall have the authority to contract with any appropriate public or private agency or person for the detection of and care in the community of an offender who is an alcohol-dependent person, or an addict or a drug-dependent person within the meaning of section 2 of the Public Health Service Act (42 U.S.C. 201). Such authority includes the authority to provide equipment and supplies; testing; medical, educational, social, psychological, and vocational services; corrective and preventive guidance and training; and other rehabilitative services designed to protect the public and benefit the alcohol dependent person, addict, or drug dependent person by eliminating that person's or addict's dependence on alcohol or addicting drugs, or by controlling that person's or addict's dependence and susceptibility to addiction. Such Director may negotiate and award such contracts without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5).". (d) REAUTHORIZATION OF CONTRACT SERVICES.—Section 4(a) of

the

Contract Services for Drug Dependent Federal Offenders Act of 1978 is amended—

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(1) by striking out "and $6,000,000" and inserting "$6,500,000" in lieu thereof; and (2) by striking out the two periods at the end and inserting in lieu thereof "; $12,000,000 for the fiscal year ending September 30, 1987; $14,000,000 for the fiscal year ending September 30, 1988; and $16,000,000 for the fiscal year ending September 30, 1989.". SEC. 1862. AMENDMENT TO SECTION 608 OF THE TARIFF ACT.

(a) Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended by striking out "$2,500" and inserting in lieu thereof "$5,000". (b) Section 608 of such Act, as enacted by Public Law 98-473, is repealed. SEC. 1863. AMENDMENTS TO SECTION 616 OF THE TARIFF ACT.

(a) Subsection (c) of section 616 of the Tariff Act of 1930 (19 U.S.C. 1616a(c)) as enacted by Public Law 98-573 is amended by inserting "any other Federal agency or to" after "property forfeited under this Act to". (b) Section 616 of such Act, as enacted by Public Law 98-473, is repealed.

19 USC 1616.

SEC. 1864. CROSS REFERENCE CORRECTIONS.

Section 413 of the Controlled Substances Act (21 U.S.C. 853) is amended— (1) in subsection (c) and in the second subsection (h), by striking out "subsection (o)" and inserting "subsection (n)" in lieu thereof; (2) in subsection (f) by striking out "subsection (f)" and inserting "subsection (e)" in lieu thereof; (3) in subsection (i)(D, by striking out "this chapter" and inserting "this title" in lieu thereof; and (4) by redesignating the second subsection (h) as subsection (k). SEC. 1865. WARRANTS RELATING TO SEIZURE.

Subsection (b) of section 511 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(b)) is amended— (1) by striking out "or criminal" after "Any property subject to civil"; (2) in paragraph (4), by striking out "or criminal" sifter "is subject to civil"; and (3) by adding the following at the end thereof: "The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure.". 18 USC app. O> Subsection (i) of section 511 of the Comprehensive Drug Abuse t) Prevention and Control Act of 1970 (21 U.S.C. 881(i)) is amended by inserting ", or a violation of State or local law that could have been charged under this title or title III," after "title III". SEC. 1866. MINOR TECHNICAL AMENDMENTS.

(a) Section 403(a)(2) of the Controlled Substances Act (21 U.S.C. 843(a)(2)) is amended by striking out the period at the end and inserting a semicolon in lieu thereof.

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PUBLIC LAW 99-570—OCT. 27, 1986

(b) Section 405A(b) of the Controlled Substances Act (21 U.S.C. 845a(b)) is amended by striking out "special term" and inserting "term of supervised release" in lieu thereof. (c) Section 405A(c) of the Controlled Substances Act (21 U.S.C. 845a(c)) is amended by striking out "section 4202" and inserting "chapter 311" in lieu thereof. (d) Section 1008(e) of the Controlled Substances Import and Export Act (21 U.S.C. 958(e)) is amended by striking out "section" the first place it appears and inserting "sections" in lieu thereof. (e) Section 1010(b)(3) of the Controlled Substances Import and Export Act (21 U.S.C. 96003)(3)) is amended by striking out ", except as provided in paragraph (4)". (f) The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended— (1) by inserting after the item relating to section 405 the following: "Sec. 405A. Manufacture or distribution in or near schools. "Sec. 405B. Employment of minors in controlled substance trafficking."; .8u>,

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and (2) by inserting after the item relating to section 414 the following: "Sec. 415. A l t e r n a t i v e

fine.".

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SEC. 1867. M O D I F I C A T I O N OF C O C A I N E DEFINITION FOR P U R P O S E S O F SCHEDULE II.

Subsection (a)(4) of schedule II of section 202(c) the Controlled Substances Act (21 U.S.C. 812) is amended to read as follows: "(4) Coca leaves (except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed); cocaine, its salts, optical and geometric isomers, and salts of isomers; and ecgonine, its derivatives, their salts, isomers, and salts of isomers.'. SEC. 1868. AUTHORITY OF ATTORNEY GENERAL TO ENTER INTO CONTRACTS WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES.

Section 503(a) of the Controlled Substances Act (21 U.S.C. 873(a)) is amended— (1) by striking out "and" at the end of paragraph (5); (2) by striking out the period at the end of paragraph (6) and Ri inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(7) notwithstanding any other provision of law, enter into • = contractual agreements with State and local law enforcement agencies to provide for cooperative enforcement and regulatory activities under this title.". .qvn

21 USC 802. 21 USC 951.

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SEC. 1869. AUTHORITY OF ATTORNEY GENERAL TO DEPUTIZE STATE AND LOCAL LAW ENFORCEMENT OFFICERS FOR CONTROLLED SUBSTANCES ENFORCEMENT.

Section 508 of the Controlled Substances Act (21 U.S.C. 878) is amended— (1) by inserting "(a)" before "Any officer or employee"; (2) by inserting after "Drug Enforcement Administration" the «>f:?5 following: "or (with respect to offenses under this title or title Ill) any State or local law enforcement officer"; and

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100 STAT. 3207-56

(3) by adding at the end thereof the following new subsection: "(b) State and local law enforcement officers performing functions under this section shall not be deemed Federal employees and shall not be subject to provisions of law relating to Federal employees, except that such officers shall be subject to section 3374(c) of title 5, United States Code.". SEC. 1870. CLARIFICATION OF ISOMER DEFINITION.

The second and third sentences of section 102(14) of the Controlled Substeinces Act (21 U.S.C. 802(14)) are each amended by striking out "the" after "the term 'isomer' means" and inserting in lieu thereof "any". .^

Subtitle R—Precursor and Essential Chemical Review

SEC. 1901. PRECURSOR AND ESSENTIAL CHEMICAL REVIEW.

(a) STUDY AND REPORT.—The Attorney General shall— (1) conduct a study of the need for legislation, regulation, or alternative methods to control the diversion of legitimate precursor and essential chemicals to the illegal production of drugs of abuse; and (2) report all findings of such study to Congress not later than the end of the 90th day after the date of enactment of this subtitle. (b) CloNSiDERATiONS.—In Conducting such study the Attorney General shall take into consideration that— (1) clandestine manufacture continues to be a major source of „,^ narcotic and dangerous drugs on the illegal drug market; '''* (2) these drugs are produced using a variety of chemicals ,yj^. which are found in commercial channels and which are diverted to illegal uses; (3) steps have been taken to deny drug traffickers access to key precursor chemicals, including that— (A) P2P, a precursor chemical used in the production of liCxf amphetamines and methamphetamines was administratively controlled in schedule II of the Controlled Substances by the Drug Enforcement Administration; (B) a variety of controls were placed on piperidine, the precursor for phencyclidine, by the Psychotropic Substance Act of 1978; and (C) the Drug Enforcement Administration has main' s " tained a voluntary system in cooperation with chemical industry to report suspicious purchases of precursors and essential chemicals; and (4) despite the formal and voluntary systems that currently exist, clandestine production of S3aithetic narcotics and dangerous drugs continue to contribute to drug trafficking and abuse problems in the United States. Subtitle S—White House Conference for a Drug Free America

21 USC 801 note.

White House Conference for a

SEC. 1931. SHORT TITLE. This subtitle may be cited as the "White House Conference for a Drug Free America".

Ameri^ET 20 USC 4601 note.

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PUBLIC LAW 99-570—OCT. 27, 1986

SEC. 1932. ESTABLISHMENT OP THE CONFERENCE.

There is established a conference to be known gis "The White House Conference for a Drug Free America". The members of the Conference shall be appointed by the President. 20 USC 4601

SEC. 1933. P U R P O S E.

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The purposes of the Conference are— (1) to share information and experiences in order to vigorously and directly attack drug abuse at all levels, local. State, Federal, and international; (2) to bring public attention to those approaches to drug abuse education and prevention which have been successful in curbing drug abuse and those methods of treatment which have enabled drug abusers to become drug free; (3) to highlight the dimensions of the drug abuse crisis, to examine the progress made in dealing with such crisis, and to assist in formulating a national strategy to thwart sale and solicitation of illicit drugs and to prevent and treat drug abuse; and (4) to examine the essential role of parents and family members in preventing the basic causes of drug abuse and in successful treatment efforts. 20 USC 4601

SEC. 1934. RESPONSIBILITIES OF THE CONFERENCE.

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The Conference shall specifically review— (1) the effectiveness of law enforcement at the local. State, and Federal levels to prevent the sale and solicitation of illicit drugs and the need to provide greater coordination among such programs; (2) the impact of drug abuse upon American education, examining in particular— (A) the effectiveness of drug education programs in our schools with particular attention to those schools, both public and private, which have maintained a drug free learning environment; ^' (B) the role of colleges and universities in discouraging ';"' the illegal use of drugs by student-athletes; and (C) the relationship between drug abuse by student-athletes and college athletic policies, including eligibility and '^ academic requirements, recruiting policies, athletic department financing policies, the establishment of separate campus facilities for athletes, and the demands of practice and lengthy playing seasons; (3) the extent to which Federal, State, and local programs of i drug abuse education, prevention, and treatment require reorganization or reform in order to better use available resources V and to ensure greater coordination among such programs; (4) the impact of current laws on efforts to control interI national and domestic trafficking of illicit drugs; (5) the extent to which the sanctions in section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291) have been, or should be, used in encouraging foreign states to comply with their international responsibilities respecting controlling substances; and (6) the circumstances contributing to the initiation of illicit ' drug usage, with particular emphasis on the onset of drug use by youth.

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SEC. 1935. CONFERENCE PARTICIPANTS.

20 USC 4601

In order to carry out the purposes and responsibilities specified in sections 1933 and 1934, the Conference shall bring together individuals concerned with issues relating to drug abuse education, prevention, and treatment, and the production, trafficking, and distribution of illicit drugs. The President shall— President of U.S. (1) ensure the active participation in the Conference of the heads of appropriate executive and military departments, and iKf agencies, including the Attorney General, the Secretary of Education, the Secretary of Health and Human Services, Secretary of Transportation, and the Director of ACTION; (2) provide for the involvement in the Conference of other appropriate public officials, including Members of Congress, Governors of States, and Mayors of Cities; (3) provide for the involvement in the Conference of private entities, especially parents' organizations, which have been active in the fight against drug abuse; and (4) provide for the involvement in the Conference of individuals distinguished in medicine, law, drug abuse treatment and prevention, primary, secondary, and postsecondary education, IAJ'K and law enforcement. SEC. 1936. ADMINISTRATIVE PROVISIONS.

20 USC 4601

(a) All Federal departments, agencies, and instrumentalities shall provide such support and assistance as may be necessary to facilitate the planning and administration of the Conference. N X U (b) The President is authorized to appoint and compensate an executive director and such other directors and personnel for the Conference as the President may consider advisable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 52 of such title 5 USC 5101 ' relating to classification and General Schedule pay rates. «^ s«9(c) Upon request by the executive director, the heads of the executive and military departments are authorized to detail employees to work with the executive director in planning and administering the Conference without regard to the provisions of section 3341 of title 5, United States Code. (d) Each participant in the Conference shall be responsible for the expenses of such participant in attending the Conference, and shall not be reimbursed for such expenses from amounts appropriated to carry out this subtitle. SEC. 1937. FINAL REPORT AND FOLLOW-UP ACTIONS.

(a) FINAL REPORT.—No later than six months after the effective date of this Act, the Conference shall prepare and transmit a final report to the President and to Congress, pursuant to sections 1933 and 1934. The report shall include the findings and recommendations of the Conference as well as proposals for any legislative action necessary to implement such recommendations. (b) FOLLOW-UP ACTIONS.—The President shall report to the Congress annually, during the 3-year period following the submission of the final report of the Conference, on the status and implementation of the findings and recommendations of the Conference.

20 USC 4601

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