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 100 STAT. 3207-91

PUBLIC LAW 99-570—OCT. 27, 1986 (i) sections 1341 and 3324 of title 31, United States Code, (ii) sections 3732(a) and 3741 of the Revised Statutes of the United States (41 U.S.C. 11(a) and 22), (iii) section 305 of the Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255),

ij -

(

(iv) the t h i r d undesignated paragraph under the heading "Miscellaneous of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34), and (v) section 304(a) and (c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254(a) and (c)), and (B) to establish or to acquire proprietary corporations or business entities a s part of the undercover operation, and to operate such corporations or business entities on a commercial basis, without r e g a r d to sections 9102 and 9103 of title 31, United States Code;

(2) sums authorized to be appropriated for the Service and the proceeds from the undercover operation, may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18, United States Code, and section 3302 of title 31, United States Code; and (3) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such operation without regard to the provisions of section 3302 of title 31, United States Code; only upon the written certification of the Commissioner of Customs (or, if designated by the Commissioner the Deputy or an Assistant Commissioner of Customs) that any action authorized by paragraph (1), (2), or (3) of this subsection is necessary for the conduct of such undercover operation. (b) LIQUIDATION OF CORPORATIONS AND BUSINESS ENTITIES.—If a

Reports. Reports.

corporation or business entity established or acquired as part of an undercover operation under paragraph (I)(B) of subsection (a) with a net value over $50,000 is to be liquidated, sold, or otherwise disposed of, the Service, as much in advance as the Commissioner or his designee determines is practicable, shall report the circumstances to the Secretary of the Treasury and the Comptroller General. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. (c) DEPOSIT OF PROCEEDS.—As soon as the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under paragraphs (2) and (3) of subsection (a) are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited into the Treasury of the United States as miscellaneous receipts. (d) AUDITS.—(1) The Service shall conduct a detailed financial audit of each undercover investigative operation which is closed in each fiscal year, and (A) submit the results of the audit in writing to the Secretary of the Treasury; and (B) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit. (2) The Service shall also submit a report annually to the Congress specifying as to its undercover investigative operations—

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(A) the number, by programs, of undercover investigative operations pending as of the end of the 1-year period for which such report is submitted; (B) the number, by programs, of undercover investigative operations commenced in the 1-year period preceding the period for which such report is submitted; and 'f: (C) the number, by programs, of undercover investigative operations closed in the l-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained and any civil claims made with respect thereto, (e) DEFINITIONS.—For purposes of subsection (d)— (1) The term "closed' refers to the earliest point in time at which— (A) all criminal proceedings (other than appeals) are concluded, or (B) covert activities are concluded, whichever occurs later. (2) The term "employees" means employees, as defined in section 2105 of title 5 of the United States Code, of the Service. (3) The terms "undercover investigative operation" and "undercover operation" mean any undercover investigative operation of the Service— (A) in which— ^"' (i) the gross receipts (excluding interest earned) .,,.„.. exceed $50,000, or - • (ii) expenditures (other than expenditures for salaries of employees) exceed $150,000; and (B) which is exempt from section 3302 or 9102 of title 31, United States Code; except that subparagraphs (A) and (B) shall not apply with respect to the report required under paragraph (2) of sub section (d).

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PART 3—CUSTOMS SERVICE AUTHORIZATIONS AND FORFEITURE FUND SEC. 3141. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1987 FOR THE UNITED STATES CUSTOMS SERVICE.

(a) AUTHORIZATIONS.—Section 301(b) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)) is amended as follows: "(b)(1) There aic authorized to be appropriated to the Department of the Treasury not to exceed $1,001,180,000 for the salaries and expenses of the United States Customs Service for fiscal year 1987; of which— "(A) $749,131,000 is for salaries and expenses to maintain current operating levels, and includes such sums as may be necessary to complete the testing of the prototype of the automatic license plate reader program and to implement that "(B) $80,999,000 is for the salaries and expenses of additional personnel to be used in carrying out drug enforcement activities; and .Q&' '(C) $171,050,000 is for the operation and maintenance of the I air interdiction program of the Service, of which—
 * ^ program;

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 100 STAT. 3207-93

Ante, p. 1874.

PUBLIC LAW 99-570—OCT. 27, 1986

"(i) $93,500,000 is for additional aircraft, communications i ifty enhancements, and command, control, communications, and intelligence centers, and "(ii) $350,000 is for a feasibility and application study for a low-level radar detection system in collaboration with the Los Alamos National Laboratory. "(2) No part of any sum that is appropriated under the authority of paragraph (1) may be used to close any port of entry at which, during fiscal year 1986— "(A) not less than 2,500 merchandise entries (including informal entries) were made; and "(B) not less than $1,500,000 in customs revenues were assessed.". (b) SPECIAL EFFECTIVE DATE RULE.—If the bill H.R. 5300 (providing for reconciliation of the budget for fiscal year 1987) is enacted and includes an amendment to section 301(b) of the Customs Procedural Reform and Simplification Act of 1978 which is identical to the amendment made by subsection (a) of this section, then the amendment made by subsection (a) shall have no effect. SEC. 3142. CUSTOMS FORFEITURE FUND.

(a) AMENDMENT.—Section 613a of the Tariff Act of 1930 (19 U.S.C. 1613b) is amended— ? ^, (1) by amending subsection (a)— (A) by striking out "1987" in the first sentence and inserting "1991"; < (B) by inserting "(including investigative costs leading to seizures)" after "seizure" in paragraph (1); (C) by inserting "and" after the semicolon at the end of paragraph (4); (D) by striking out paragraph (5); >, (E) by redesignating paragraph (6) as paragraph (5); and (F) by amending the last sentence to read as follows: "In addition to the purposes described in paragraphs (1) through (5), the fund is available for— "(i) purchases by the Customs Service of evidence of— "(I) smuggling of controlled substances, and "(II) violations of the currency and foreign transaction reporting requirements of chapter 51 of title 31, United 31 USC 5101 et States Code, if there is a substantial probability that the seq. .; violations of these requirements are related to the smuggling of controlled substances; "(ii) the equipping for law enforcement functions of any vessel, vehicle, or aircraft available for official use by the Customs Service; "(iii) the reimbursement, at the discretion of the Secretary, of private citizens for expenses incurred by them in cooperating with the Customs Service in investigations and undercover law enforcement operations; and "(iv) the publicizing of the availability of rewards under Ante, p. 3207-88. section 619."; and (2) by amending subsection (f) to read as follows: "(fKl) There are authorized to be appropriated from the fund for each of the fiscal years beginning with fiscal year 1987 not more than $20,000,000. "(2) At the end of each of fiscal years 1987, 1988, 1989, and 1990, any amount in the fund in excess of $20,000,00 shall be deposited in

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100 STAT. 3207-94

the general fund of the Treasury. At the end of fiscal year 1991, any amount remaining in the fund shall be deposited in the general fund of the Treasury, and the fund shall cease to exist.". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect October 1, 1986.

19 USC I6l3b note.

PART 4—MISCELLANEOUS CUSTOMS AMENDMENTS SEC. 3151. RECREATIONAL VESSELS.

Section 121090b) of title 46, United States Code, is amended by adding at the end the following: "Such vessel must, however, comply with all customs requirements for reporting arrival under section 433 of the Tariff Act of 1930 (19 U.S.C. 1433) and all persons aboard such a pleasure vessel shall be subject to all applicable customs regulations.". SEC. 3152. ASSISTANCE FOR CUSTOMS OFFICERS.

Section 3071 of the Revised Statutes of the United States (19 U.S.C. 507) is amended to read as follows: "SEC. 3071. (a) Every customs officer shall— "(1) upon being questioned at the time of executing any of the powers conferred upon him, make known his character as an officer of the Federal Government; and "(2) have the authority to demand the assistance of any person in making any arrest, search, or seizure authorized by any law enforced or administered by customs officers, if such assistance may be necessary. If a person, without reasonable excuse, neglects or refuses to assist a customs officer upon proper demand under paragraph (2), such person is guilty of a misdemeanor and subject to a fine of not more than $1,000. "(b) Any person other than an officer or employee of the United Claims. States who renders assistance in good faith upon the request of a customs officer shall not be held liable for any civil damages as a result of the rendering of such assistance if the assisting person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.". SEC. 3153. REPORTS ON EXPORTS INSTRUMENTS.

AND

IMPORTS

OF

MONETARY

Section 5316(a)(2) of title 31, United States Code, is amended by striking out "$5,000" and inserting in lieu thereof "$10,000".

PART 5—AMENDMENTS TO THE CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT SEC. 3161. POSSESSION, MANUFACTURE, OR DISTRIBUTION FOR PURPOSES OF UNLAWFUL IMPORTATION.

(a) AMENDMENT TO ACT.—Section 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 959) is amended— (1) by inserting "POSSESSION," in the heading; (2) by striking out "It shall" and inserting in lieu thereof "(a) It shall"; (3) by striking out "This section" and inserting in lieu thereof "(c) This section";

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 100 STAT. 3207-95

Aircraft and air carriers.

Maritime Drug Law Enforcement Prosecution Improvements Act of 1986. 46 USC app. 1901 note.

PUBLIC LAW 99-570—OCT. 27, 1986

(4) by inserting "or into waters within a distance of 12 miles of the coast of the United States" after "United States" each place it appears in subsection (a); and (5) by inserting after subsection (a) the following new subsection: "(b) It shall be unlawful for any United States citizen on board any aircraft, or any person on board an aircraft owned by a United States citizen or registered in the United States, to— "(1) manufacture or distribute a controlled substance; or "(2) possess a controlled substance with intent to distribute.". (b) CONFORMING AMENDMENT.—The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by striking out "Manufacture" in the item relating to section 1009 and inserting in lieu thereof "Possession, manufacture". ,, Subtitle C—Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 SEC. 3201. SHORT TITLE.

<i

(A:,....

This subtitle may be cited as the "Maritime Drug Law Enforcement Prosecution Improvements Act of 1986". SEC. 3202. IMPROVEMENT OF PUBLIC LAW 96-350.

46 USC app. 1901. 46 USC app. 1902.

46 USC app. 1903.

46 USC 12101 et seq. 46 USC 12301 et seq.

International agreements. 13 UST 2312.

The Act entitled "An Act to facilitate increased enforcement by the Coast Guard of laws relating to the importation of controlled substances, and for other purposes", approved September 15, 1980 (Public Law 96-350; 94 Stat. 1159) is amended by striking all after the enacting clause and inserting in lieu thereof the following: "That this Act may be cited as the 'Maritime Drug Law Enforcement Act'. "SEC. 2. The Congress finds and declares that trafficking in controlled substances aboard vessels is a serious international problem and is universally condemned. Moreover, such trafficking presents a specific threat to the security and societal well-being of the United States. "SEC. 3. (a) It is unlawful for any person on board a vessel of the United States, or on board a vessel subject to the jurisdiction of the United States, to knowingly or intentionally manufacture or distribute, or to possess with intent to manufacture or distribute, a controlled substance. "(b) For purposes of this section, a 'vessel of the United States' means— "(1) a vessel documented under chapter 121 of title 46, United States Code, or a vessel numbered as provided in chapter 123 of that title; "(2) a vessel owned in whole or part by— "(A) the United States or a territory, commonwealth, or possession of the United States; "(B) a State or political subdivision thereof; "(C) a citizen or national of the United States; or "(D) a corporation created under the laws of the United States or any State, the District of Columbia, or any territory, commonwealth, or possession of the United States; unless the vessel has been granted the nationality of a foreign nation in accordance with article 5 of the 1958 (Convention on the High Seas; and

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I ^^p^snlv^A-

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100 STAT. 3207-96

"(3) a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was either sold to a person not a citizen of the United States or placed under foreign registry or a foreign flag, whether or not the vessel has been granted the nationality of a foreign nation. "(c)(1) For purposes of this section, a 'vessel subject to the jurisdiction of the United States' includes— "(A) a vessel without nationality; 1 "(B) a vessel assimilated to a vessel without nationality, in accordance with paragraph (2) of article 6 of the 1958 Convention on the High Seas; "(C) a vessel registered in a foreign nation where the flag nation has consented or waived objection to the enforcement of United States law by the United States; "(D) a vessel located within the customs waters of the United States; and "(E) a vessel located in the territorial waters of another nation, where the nation consents to the enforcement of United States law by the United States. Consent or waiver of objection by a foreign nation to the enforcement of United States law by the United States under paragraph (C) or (E) of this paragraph may be obtained by radio, telephone, or similar oral or electronic means, and may be proved by certification of the Secretary of State or the Secretary s designee. "(2) For purposes of this section, a 'vessel without nationality' includes— "(A) a vessel aboard which the master or person in charge makes a claim of registry, which claim is denied by the flag nation whose registry is claimed; and "(B) any vessel aboard which the master or person in charge fails, upon request of an officer of the United States empowered to enforce applicable provisions of United States law, to make a claim of nationality or registry for that vessel. A claim of registry under subparagraph (A) may be verified or denied by radio, telephone, or similar oral or electronic means. The denial of such claim of registry by the claimed flag nation may be proved by certification of the Secretary of State or the Secretary's designee. "(3) For purposes of this section, a claim of nationality or registry only includes: "(A) possession on board the vessel and production of documents evidencing the vessel's nationality in accordance with article 5 of the 1958 Convention on the High Seas; "(B) flying its flag nation's ensign or flag; or "(C) a verbal claim of nationality or registry by the master or person in charge of the vessel. "(d) A claim of failure to comply with international law in the enforcement of this Act may be invoked solely by a foreign state, and a failure to comply with international law shall not divest a court of jurisdiction or otherwise constitute a defense to any proceeding under this Act. "(e) This section does not apply to a common or contract carrier, or an employee thereof, who possesses or distributes a controlled substance in the lawful and usual course of the carrier's business or to a public vessel of the United States, or any person on board such a vessel who possesses or distributes a controlled substance in the lawful course of such person's duties, if the controlled substance is a

13 UST 2312.

Claims. International agreements.

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Courts, U.S.

46 USC app. ^^^^-

PUBLIC LAW 99-570—OCT. 27, 1986

part of the cargo entered in the vessel's manifest and is intended to be lawfully imported into the country of destination for scientific, medical, or other legitimate purposes. It shall not be necessary for the United States to negative the exception set forth in this subsection in any complaint, information, indictment, or other pleading or in any trial or other proceeding. The burden of going forward with the evidence with respect to this exception is upon the person claiming its benefit. "(f) Any person who violates this section shall be tried in the United States district court at the point of entry where that person enters the United States, or in the United States District Court of the District of Columbia. "(g)(1) Any person who commits an offense defined in this section shall be punished in accordance with the penalties set forth in section 1010 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 960). "(2) Notwithstanding paragraph (1) of this subsection, any person convicted of an offense under this Act shall be punished in accordance with the penalties set forth in section 1012 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 962) if such offense is a second or subsequent offense as defined in section 1012(b) of that Act. "(h) This section is intended to reach acts of possession, manufacture, or distribution committed outside the territorial jurisdiction of the United States. "(i) The definitions in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) apply to terms used in this Act. "(j) Any person who attempts or conspires to commit any offense defined in this Act is punishable by imprisonment or fine, or both, which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy. "SEC. 3. Any property described in section 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(a)) that is used or intended for use to commit, or to facilitate the commission of, an offense under this Act shall be subject to seizure and forfeiture in the same manner as similar property seized or forfeited under section 511 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881).". Subtitle D ^ C o a s t Guard SEC. 3251. COAST GUARD DRUG INTERDICTION ENHANCEMENT. (a) ADDITIONAL AUTHORIZATIONS FOR THE COAST G U A R D. —

(1) There are authorized to be appropriated for Acquisition, Construction, and Improvements of the Coast Guard, $89,000,000. (2) There are hereby authorized to be appropriated for Operating Expenses of the (Joast Guard, $39,000,000. This amount shall be used to increase the full-time equivalent strength level for ' the Coast Guard for active duty personnel for fiscal year 1987 to equipment.
 * 39,220, and to increase the utilization rate of Coast Guard

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(b) AMOUNTS IN ADDITION TO OTHER AMOUNTS.—The amounts authorized to be appropriated for the Coast Guard by this section are in addition to any amounts otherwise authorized by law. (c) AUTHORIZATION ENHANCEMENT.—Nothing in this Act shall require the Coast Guard to recruit, compensate, train, purchase, or deploy any personnel or equipment except to the extent that— (1) additional appropriations are made available in appropriations Acts for that purpose; or (2) funds are transferred to the Secretary of Transportation for that purpose pursuant to this Act. Subtitle E—United States-Bahamas Drug Interdiction Task Force SEC. 3301. ESTABLISHMENT OF A UNITED STATES-BAHAMAS DRUG INTER- 21 USC 801 note. DICTION TASK FORCE. (a) AUTHORIZATION OF APPROPRIATIONS.— (1) ESTABLISHMENT OF A UNITED STATES-BAHAMAS DRUG INTERDICTION TASK FORCE.—(A) There is authorized to be established a

United States-Bahamas Drug Interdiction Task Force to be operated jointly by the United States Government and the Government of the Bahamas. (B) The Secretary of State, the Commandant of the Coast Guard, the Commissioner of Customs, the Attorney General, and the head of the National Narcotics Border Interdiction System (NNBIS), shall upon enactment of this Act, immediately commence negotiations with the Government of the Bahamas to enter into a detailed agreement for the establishment and operation of a new drug interdiction task force, including plans for (i) the joint operation and maintenance of any drug interdiction assets authorized for the task force in this section and section 3141, and (ii) any training and personnel enhancements authorized in this section and section 3141. (C) The Attorney General shall report to the appropriate committees of Congress on a quarterly basis regarding the progress of the United States-Bahamas Drug Interdiction Task Force. (2) AMOUNTS AUTHORIZED.—There are authorized to be appropriated, in addition to any other amounts authorized to be appropriated in this title, $10,000,000 for the following: (A) $9,000,000 for 3 drug interdiction pursuit helicopters for use primarily for operations of the United StatesBahamas Drug Interdiction Task Force established under this section; and (B) $1,000,000 to enhance communications capabilities for the operation of a United States-Bahamas Drug Interdiction Task Force established under this section. (3) COAST GUARD-BAHAMAS DRUG INTERDICTION DOCKING FACIL-

ITY.—(A) There is authorized to be appropriated for acquisition, construction, and improvements for the Coast Guard jFor fiscal year 1987, $5,000,000, to be used for initial design engineering, and other activities for construction of a drug interdiction docking facility in the Bahamas to facilitate Coast Guard and Bahamian drug interdiction operations in and through the Bahama Islands. Of the amounts authorized to be appropriated in this subsection, such sums as may be necessary shall be available for necessary communication and air support.

Reports.

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 100 STAT. 3207-99

PUBLIC LAW 99-570—OCT. 27, 1986

(B) The Commandant of the Coast Guard shall use such amounts appropriated pursuant to the authorization in this paragraph as may be necessary to establish a repair, maintenance, and boat lift facility to provide repair and maintenance services for both Coast Guard and Bahamian marine drug interdiction equipment, vessels, and related assets, (b) CONCURRENCE BY SECRETARY OF STATE.—Programs authorized by this section may be carried out only with the concurrence of the Secretary of State. Subtitle F—Command, Control, Communications, and Intelligence Centers SEC. 3351. ESTABLISHMENT OF COMMAND, CONTROL, COMMUNICATIONS, AND INTELLIGENCE CENTERS (C-3I).

There are authorized to be appropriated $25,000,000 to the United States Customs Service for the establishment of command, control, communications, and intelligence (C-3I) centers, including sector operations centers and a national command, control, communications, and intelligence (C-3I) center, in locations within the United States. The coordination of the establishment and location of such C-3I centers shall be conducted by the Commissioner of Customs; together with the Commandant of the Coast Guard; the Attorney General of the United States; and the National Narcotics Border Interdiction System (NNBIS). Subtitle G—Transportation Safety

"^^

SEC. 3401. AIR SAFETY.

(a)(1) Section 902(b) of the Federal Aviation Act of 1958 (49 U.S.C. App. 14720t))) is amended by adding at the end the following: (3) Nothing in this subsection or in any other provision of this Act shall preclude a State from establishing criminal penalties, including providing for forfeiture or seizure of aircraft, for a person who— "(A) knowingly and willfully forges, counterfeits, alters, or falsely makes an aircraft registration certificate; "(B) knowingly sells, uses, attempts to use, or possesses with intent to use a fraudulent aircraft registration certificate; "(C) knowingly and willfully displays or causes to be displayed
 * on any aircraft any marks that are false or misleading as to the

nationality or registration of the aircraft; or "(D) obtains an aircraft registration certificate from the administrator by knowingly and willfully falsifying, concealing or covering up a material fact, or making a false, fictitious, or fraudulent statement or representation, or making or using any false writing or document knowing the writing or document to contain any false, fictitious, or fraudulent statement or entry.". (2) Section 501 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1401) is amended by adding at the end the following new subsection: Mr

.

"INSPECTION BY LAW ENFORCEMENT OFFICERS

"(g) The operator of an aircraft shall make available for inspection • an aircraft's certificate of registration upon request by a Federal, State, or local law enforcement officer.".

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100 STAT. 3207-100

(3) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading "Sec. 501. Registration of aircraft nationality."

,

is amended by adding at the end the following:

'

"(g) Inspection by law enforcement officers.".

OJXD Subsection (q) of section 902 of the Federal Aviation Act of 49 USC app. 1958 (49 U.S.C. 1472(q)) is amended to read as follows: 1472. "VIOLATIONS IN CONNECTION WITH TRANSPORTATION OF CONTROLLED SUBSTANCES

"(q)(l) It shall be unlawful, in connection with an act described in paragraph (2) and with knowledge of such act, for any person— "(A) who is the owner of an aircraft eligible for registration , under section 501, to knowingly and willfully operate, attempt 49 USC app. to operate, or permit any other person to operate such aircraft if lOl. the aircraft is not registered under section 501 or the certificate of registration of the aircraft is suspended or revoked, or if such person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership; "(B) to operate or attempt to operate an aircraft eligible for registration under section 501 knowing that such aircraft is not registered under section 501, that the certificate of registration is suspended or revoked, or that such person does not have proper authorization to operate or navigate the aircraft without =, registration for a period of time after transfer of ownership; "(C) to knowingly and willfully serve, or attempt to serve, in any capacity as an airman without a valid airman certificate authorizing such person to serve in such a capacity; "(D) to knowingly and willfully employ for service or utilize any airman who does not possess a valid airman certificate authorizing such person to serve in such capacity; '• "(E) to knowingly and willfully operate an aircraft in violation of any rule, regulation, or requirement issued by the '•'' Administrator of the Federal Aviation Administration with respect to the display of navigation or anticollision lights; and ^ "(F) to knowingly operate an aircraft with a fuel tank or fuel ^^ system that has been installed or modified on the aircraft, '^' unless such tank or system and the installation or modification f of such tank or system is in accordance with all applicable rules, ^ regulations, and requirements of the Administrator. "(2) The act referred to in paragraph (1) is the transportation by aircraft of any controlled substance or the aiding or facilitating of a controlled substance offense where such act is punishable by death or imprisonment for a term exceeding one year under a State or Federal law or is provided in connection with any act that is punishable by death or imprisonment for a term exceeding one year under a State or Federal law relating to a controlled substance (other than a law relating to simple possession of a controlled substance). "(3) A person violating this subsection shall be subject to a fine not exceeding $25,000, or imprisonment not exceeding 5 years, or both.

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 100 STAT. 3207-101

>'

PUBLIC LAW 99-570—OCT. 27, 1986

"(4) A person who, in connection with transportation described in paragraph (2), operates an aircraft on which a fuel tank or fuel system has been installed or modified and does not carry aboard the aircraft any certificate required to be issued by the Administrator for such installation or modification shall be presumed to have violated subparagraph (F) of paragraph (1). "(5) In the case of a violation of subparagraph (F) of paragraph (1), the fuel tank or fuel system and the aircraft involved shall be subject to seizure and forfeiture. The provisions of law relating to— "(A) the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws; "(B) the disposition of such property or the proceeds from the sale thereof; "(C) the remission or mitigation of such forfeitures; and "(D) the compromise of claims and the award of compensation to informers in respect of such forfeitures; shall apply to seizures and forfeitures under this paragraph. The Secretary may authorize such officers and agents as are necessary to carry out seizures and forfeitures under this paragraph and such officers and agents shall have the powers and duties given to customs officers with respect to the seizure and forfeiture of property under the customs laws. "(6) For purposes of this subsection, the term 'controlled substance' has the meaning given to such term by section 102 of the Controlled Substances Act (21 U.S.C. 802).". (2) That portion of the table of contents of the Federal Aviation Act of 1958 which appears under the side heading "Sec. 902. Criminal penalties."

is amended by striking the item relating to subsection (q) and inserting the following: "(q) Violations in connection with transportation of controlled substances.".

49 USC app. ^^'^^-

(c) Section 904(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1474(a)) is amended— (1) by striking "$500" each place it appears and inserting in lieu thereof "$5,000"; (2) by inserting after the second sentence the following: "In addition to any other penalty, if any controlled substance described in section 584 of the Tariff Act of 1930 (19 U.S.C. 1584) is found on board of, or to have been unladen from, an aircraft subject to section 1109(b) and (c) of this Act, the owner or person in charge of such aircraft shall be subject to the penalties provided for in section 584 of the Tariff Act of 1930 (19 U.S.C. 1584), unless such owner or person is able to demonstrate, by a preponderance of the evidenced, that such owner or person did not know, and could not, by the exercise of the highest d ^ r e e of care and diligence, have known, that any such controlled substance was on board."; and (3) by amending the third sentence to read as follows: "In the case the violation is by the owner, operator, or person in command of the aircraft, any penalty imposed by this section shall be a lien against the aircraft.". (d)(1) Section 1109 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1509) is amended by adding at the end thereof the following:

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100 STAT. 3207-102

REPORTING TRANSFER OF OWNERSHIP

"(f) Any person having an ownership interest in any aircraft for which a certificate of registration has been issued under this Act shall, upon the sale, conditional sale, transfer, or conveyance of such ownership interest, file with the Secretary of the Treasury within 15 days after such sale, conditional sale, transfer or conveyance such notice as the Secretary of the Treasury may by regulation require. The filing of a notice under this subsection shall not relieve any person from the filing requirements under section 501 or 503 of this Act.". (2) Within 30 days after the date of enactment of subsection (f) of section 1109 of the Federal Aviation Act of 1958 as added by this subsection, the Secretary of the Treasury shall promulgate regulations establishing guidelines by which persons or classes of persons may apply for exemptions from the filing requirements of subsection (f) of section 1109. The Secretary of the Treasury may exempt such persons or classes of persons pursuant to such regulations. (3) That portion of the table of contents of the Federal Aviation Act of 1958 which appears under the side heading

49 USC app. 1401, 1403. Regulations. 49 USC app. 1509 note.

"Sec. 1109. Application of existing laws relating to foreign commerce."

is amended by adding at the end thereof the following: "(f) Reporting transfer of ownership.". SEC. 3402. DRUG AND HIGHWAY SAFETY.

23 USC 403 note.

(a) STUDY.—The Secretary of Transportation shall conduct a study to determine the relationship between the usage of controlled substances and highway safety. Such study shall include a simulation of driving conditions, emergency situations, and driver performance under various drug and dosage conditions. Such study shall determine the incidence of controlled substance usage in highway accidents resultng in fatalities and the dosage levels for controlled substances which are most likely to result in impairment of driver performance. 0?) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the results of the study conducted under subsection (a). SEC. 3403. SAVINGS PROVISION.

In any proceeding under section 11344 of title 49, United States Code, involving an application by a rail carrier (or a person controlled by or affiliated with a rail carrier) to acquire a motor carrier, the Interstate Commerce Commission, and any Federal court reviewing action of the Commission, shall follow the standards set forth in the Commission decision in Ex Parte No. 438 if the applicant rail carrier, between July 20, 1984, and September 30, 1986 (1) filed an application with the Commission to acquire a motor carrier, (2) entered into a contract or signed a letter of intent to acquire a motor carrier, or (3) made a public tender offer to acquire a motor carrier.

49 USC 11844 note. Railroads.

Contracts.

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PUBLIC LAW 99-570—OCT. 27, 1986

Subtitle H- -Department of Justice Funds for Drug Interdiction Operations in Hawaii IB':

SEC. 3421. ADDITIONAL FUNDS FOR THE DEPARTMENT OF JUSTICE.

There are authorized to be appropriated to the Department of Justice for fiscal year 1987, in addition to any other amounts authorized to be appropriated to the Department for such fiscal year, $7,000,000 for helicopters with forward looking infrared radiation detection devices for drug interdiction operations in Hawaii. Subtitle I—Federal Communieations Commission 47 USC 312a.

"" ^

SEC. 3451. COMMUNICATIONS.

The Federal Communications Commission may revoke any private operator's license issued to any person under the Communications Act of 1934 (47 U.S.C. 151 et seq.) who is found to have willfully used said license for the purpose of distributing, or assisting in the distribution of, any controlled substance in violation of any provision of Federal law. In addition, the Federal Communications Commission may, upon the request of an appropriate Federal law enforcement agency, assist in the enforcement of Federal law prohibiting the use or distribution of any controlled substance where communications equipment within the jurisdiction of the Federal Communications Commission under the Communications Act of 1934 is willfully being used for purposes of distributing, or assisting in the distribution of, any such substance. TITLE IV—DEMAND REDUCTION

Alcohol and Drug Abuse Amendments of 1986. 42 USC 201 note.

42 USC 201 note.

-

Subtitle A—Treatment and Rehabilitation SEC. 4001. SHORT TITLE; REFERENCE.

(a) This subtitle may be cited as the "Alcohol and Drug Abuse Amendments of 1986". (b) Except as otherwise specifically provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be a reference to a section or other provision of the Public Health Service Act. SEC. 4002. SPECIAL ALCOHOL ABUSE AND DRUG ABUSE PROGRAMS.

Title XIX is amended by inserting after part B the following new part:

PART C—EMERGENCY SUBSTANCE ABUSE TREATMENT AND PREVENTION REHABILITATION "SPECIAL ALCOHOL ABUSE AND DRUG ABUSE PROGRAMS State and local governments. 42 USC 300y. Post, pp. 3207-112, 3207-113. 42 USC 300X-2.

"SEC. 1921. (a) To carry out this section and sections 1922, 1923, 508, and 509A there are authorized to be appropriated $241,000,000 for fiscal year 1987. Of the total amount appropriated under the preceding sentence for fiscal year 1987, 6 percent shall be added to and included with the amounts otherwise available under this part for allotments to States under section 1913 for such fiscal year, 70.5 percent shall be available for allotments to States under this section

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for such fiscal year, 4.5 percent shall be available for transfer to the Administrator of Veterans' Affairs under section 1922 for such fiscal year, 1 percent shall be available to carry out section 1923 for such fiscal year, and 18 percent shall be available to carry out sections 508 and 509A for such fiscal year. "(b)(1) The allotment of a State under this section for a fiscal year shall be the sum of the amounts allotted to such State under paragraphs (2) and (3). •' • --" "(2) Forty-five percent of the amount available for allotment under this section for a fiscal year shall be allotted in accordance with this paragraph. The allotment of a State under this paragraph for a fiscal year shall be an amount which bears the same ratio to the total amount required pursuant to the preceding sentence to be allotted under this paragraph for such fiscal year as the population of such State bears to the population of all States, except that no such allotment shall be less than $50,000. "(3) Fifty-five percent of the amount available for allotment under this section for a fiscal year shall be allotted by the Secretary to States on the basis of the need of each State for amounts for programs and activities for the treatment and rehabilitation of the alcohol abuse and drug abuse. In determining such need for each State under this paragraph, the Secretary shall consider— "(A) the nature and extent, in the State and in particular areas of the State, of the demand for effective programs and activities for the treatment and rehabilitation of alcohol abuse and drug abuse; "(B) the number of individuals in the State who abuse alcohol t or drugs and the capacity of the State to provide treatment and rehabilitation for such individuals (as determined by the Secretary on the basis of the number of individuals who requested the most recent calendar year ending prior to the date on which a statement is submitted by the State under subsection (d)); and "(C) the ability of the State to provide additional services for the treatment and rehabilitation of alcohol abuse and drug abuse. "(4) The Secretary shall make allotments to States under paragraph (2) for fiscal year 1987, and shall make payments to States under subsection (c) from such allotments, at the same time that the Secretary makes allotments and payments under sections 1913 and 42 USC 300x-2. 1914, respectively, for such fiscal year. The Secretary shall make 42 USC 300x-3. allotments to States under paragraph (3) for fiscal year 1987, and shall make payments to States under subsection (c) from such allotments, within four months after the date of enactment of the Alcohol and Drug Abuse Amendments of 1986. "(c)(1) For each fiscal year, the Secretary shall make payments, as provided by section 6503 of title 31, United States Code, to each State from its allotment under paragraphs (2) and (3) of subsection (b) from amounts which are appropriated for that fiscal year and available for such allotments. "(2) Any amount paid to a State under paragraph (1) for a fiscal year and remaining unobligated at the end of such fiscal year shall remain available to such State for the purposes for which it was made for the next fiscal year. "(3) A State may not use amounts paid to it under its allotment under this section to— "(A) provide inpatient hospital services, "(B) make cash payments to intended recipients of health services,
 * treatment for alcohol abuse and drug abuse in the State during

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 100 STAT. 3207-105 j

42 USC 300x.

^

' '

'

PUBLIC LAW 99-570—OCT. 27, 1986

"(C) purchase or improve land, purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or purchase major medical equipment, "(D) satisfy any requirement for the expenditure of nonFederal funds as a condition for the receipt of Federal funds, or "(E) provide financial assistance to any entity other than a public or nonprofit private entity. "(4) The provisions of part B which are not inconsistent with this part shall apply with respect to allotments made under this section. "(d) In order to receive an allotment for a fiscal year under subsection (b), each State shall submit an application to the Secretary requesting an allotment under subsection (b)(2) or (b)(3) or both. Each such application shall contain— "(1) such information as the Secretary may prescribe, includ, ing information necessary for the Secretary to consider the matters specified in subparagraphs (A) through (D) of subsection (b)(3); "(2) a description of the manner in which programs and activities conducted with payments under subsection (c) will be coordinated with other public and private programs and activities directed toward individuals who abuse alcohol and drugs; "(3) assurances that, in the preparation of any statement under this section, the State will consult with local governments and public and private entities, including community based organizations, involved in the provision of services for the treatment and rehabilitation of alcohol abuse and drug abuse; "(4) a description of the manner in which the State will evaluate programs and activities conducted with payments made to the State under subsection (c) and assurances that the State will report periodically to the Secretary on the results of such evaluations; and "(5) assurances that payments made to the State under subsection (c) will supplement and not supplant any State or local expenditures for the treatment and rehabilitation of alcohol abuse and drug abuse that would have been made in the < absence of such payments. "(e) Except as provided in subsections (f) and (i), amounts paid to a State under subsection (c) may be used by the State for alcohol abuse and drug abuse treatment and rehabilitation programs and activities, including— "(1) activities to increase the availability and outreach of programs provided by major treatment centers and regional ' branches of such centers which provide services in a State in order to reach the greatest number of people; "(2) activities to expand the capacity of alcohol abuse and drug abuse treatment and rehabilitation programs and facilities to provide treatment and rehabilitation services for alcohol abusers and drug abusers who have been refused treatment due to lack of facilities or personnel; "(3) activities to provide access to vocational training, job counseling, and education equivalency programs to alcohol abusers and drug abusers in need of such services in order to enable such abusers to become productive members of society; and "(f) Of the total amount paid to any State under subsection (c) for a fiscal year, not more than 2 percent may be used for administering the funds made available under such subsection. The State will pay

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100 STAT. 3207-106

from non-Federal sources the remaining costs of administering such funds. "(g) The Secretary may provide training and technical assistance to States in planning and operating activities to be carried out under this section. "(h) The Secretary may conduct data collection activities to enable the Secretary to carry out this section. "TRANSFER TO THE ADMINISTRATOR OF VETERANS' AFFAIRS

"SEC. 1922. The Secretary shall transfer to the Administrator of 42 USC 300y-l. Veterans' Affairs the amount which, under the second sentence of section 1921(a), is available for such transfer. The amount transferred pursuant to the preceding sentence shall be used for outpatient treatment, rehabilitation, and counseling under section 612 of title 38, United States Code, of veterans for their alcohol or drug abuse dependence or abuse disabilities and for contract care and services under section 620A of such title for veterans for such disabilities. "TREATMENT PROGRAM EVALUATIONS

"SEC. 1923. One percent of the total amount appropriated under 42 USC 300y-2. section 1921(a) for any fiscal year shall be used by the Secretary, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, to develop and evaluate alcohol and drug abuse treatment programs to determine the most effective forms of treatment. Such programs may be developed and evaluated Grants. through grants, contracts, and cooperative agreements provided to Contracts. nonprofit private entities. In carrying out this section, the Secretary shall assess the comparative effectiveness of various treatment forms for specific patient groups.". SEC. 4003. TECHNICAL REVISION OF ADAMHA.

Section 501 (42 U.C.S. 290aa) is amended to read as follows: "ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION

"SEC. 501. (a) The Alcohol, Drug Abuse, and Mental Health Administration is an agency of the Service. "(b) The following entities are agencies of the Alcohol, Drug Abuse, and Mental Health Administration: "(1) The National Institute on Alcohol Abuse and Alcoholism. "(2) The National Institute on Drug Abuse. "(3) The National Institute of Mental Health. "(c)(1) The Alcohol, Drug Abuse, and Mental Health Administration shall be headed by an Administrator (hereinafter in this title referred to as the 'Administrator') who shall be appointed by the President by and with the advice and consent of the Senate. (2) The Administrator, with the approval of the Secretary, may appoint a Deputy Administrator and may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the activities to be carried out through the Administration. "(d) The Secretary, acting through the Administrator— "(1) shall supervise the functions of the agencies of the Administration in order to assure that the programs carried out through each such agency recieve appropriate and equitable

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support and that there is cooperation among the agencies in the implementation of such programs; "(2) shall assure that research at or supported by the Administration and each of its agencies is subject to review in Pos^ p. 3207-109. accordance with section 507 and is in compliance with section Post, p. 3207-113. 509A; and "(3) shall assure that research on neuronal receptors and their role in mental health and substance abuse is provided adequate support. "(e)(1) There shall be in the Administration an Associate Administrator for Prevention to whom the Administrator shall delegate the function of promoting the prevention research programs of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse and coordinating such programs between the Institutes and between the Institutes and other public and private entities. Reports. "(2) The Administrator, acting through the Associate Administrator for Prevention, shall annually submit to the Congress a report describing the prevention activities (including preventive medicine and health promotion) undertaken by the Administration and its agencies. The report shall include a detailed statement of the • • expenditures made for the activities reported on and the personnel used in connection with such activities. Fraud. "(f) The Administrator shall establish a process for the prompt and appropriate response to information provided the Administrator respecting (1) scientific fraud in connection with projects for which funds have been made available under this title, and (2) incidences of violations of the rights of human subjects of research for which funds have been made available under this title. The process shall include procedures for the receiving of reports of such information from recipients of funds under this title and taking appropriate action with respect to such fraud and violations. Grants. "(g) The Secretary, acting through the Administrator, shall make grants to schools of the health professions and schools of social work to support the training of students in such schools in the identification and treatment of alcohol and drug abuse. Grants under this subsection shall be made from funds available under this title and 42 USC 242a. section 303. "(h) To educate the public with respect to the health hazards of alcoholism, alcohol abuse, and drug abuse, the Administrator shall Posf, p. 3207-112. use the clearinghouse established under section 508(c) to take such actions as may be necessary to ensure the widespread dissemination of current pul)lications of the National Institute on Alcohol Abuse and Alcoholism and the National Institute on Drug Abuse relating to the most recent research findings with respect to such health hazards. "(i)(1) The Administrator may obtain (in accordance with section 3109 of title 5, United States Code, but without regard to the limitation in such section on the number of days or the period of service) the services of not more than 20 experts or consultants who have scientific or professional qualifications. Such experts and consultants shall be obtained for the Administration and for each of its agencies. "(2)(A) Experts and consultants whose services are obtained under paragraph (1) shall be paid or reimbursed for their expenses associated with traveling to and from their assignment location in accord-

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ance with sections 5724, 5724a(a)(l), 5724a(a)(3), and 5726(c) of title 5, United States Code. "(B) Expenses specified in subparagraph (A) may not be allowed in connection with the assignment of an expert or consultant whose services are obtained under paragraph (1), unless and until the expert or consultant agrees in writing to complete the entire period of assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond the control of the expert or consultant that are acceptable to the Secretary. If the expert or consultant violates the agreement, the money spent by the United States for the expenses specified in subparagraph (A) is recoverable from the expert or consultant as a debt of the United States. The Secretary may waive in whole or in part a right of recovery under this subparagraph. "(j) The Administrator shall, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, establish such technical and scientific peer review groups as are needed to carry out the requirements of section 507 and appoint and pay members of such groups. except that officers and employees of the United States shall not receive additional compensation for services as members of such groups. The Federal Advisory Committee Act shall not apply to the duration of a peer review group appointed under this subsection. "(k)(l) The Alcohol, Drug Abuse, and Mental Health Advisorv Board (hereinafter in this subsection referred to as the 'Board) shall— "(A) periodically assess the national needs for alcoholism, alcohol abuse, drug abuse, and mental health services and the extent to which those needs are being met by State, local, and private programs and programs receiving funds under this title and parts B and C of title XIX, and "(B) provide advice to the Secretary and the Administrator respecting activities carried out under this title and parts B and C of title XIX. "(2)(A) The Board shall consist of 15 members appointed by the Secretary and such ex officio members from the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National Institute of Mental Health as the Secretary may designate. Of the members appointed to the Board, at least 6 members shall represent State and private, nonprofit providers of prevention and treatment services for alcoholism, alcohol abuse, drug abuse, and mental illness, at least 6 members shall be individuals with expertise in public education and prevention services for alcoholism, alcohol abuse, drug abuse, and mental illness, and at least 3 members shall be appointed from members of the general public who are knowledgeable about alcoholism, alcohol abuse, drug abuse, and mental illness. "(B) The term of office of a member appointed to the Board is 4 years, except that of the members first appointed to the Board— "(i) 5 shall serve for terms of 1 year, "(ii) 5 shall serve for terms of 2 years, "(iii) 5 shall serve for terms of 3 years, as designated by the Secretary at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of such member was appointed

?<,

5 USC 5101. 5 USC 5331. Post, p. 3207-109. 5 USC app.

<••

42 USC 300x; Ante, p. 3207-103.

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5 USC 5331.

Reports.

PUBLIC LAW 99-570—OCT. 27, 1986

shall be appointed only for the remainder of such term. A member may serve after the expiration of the member's term until the successor of the member has taken office. "(3)(A) Except as provided in subparagraph (B), members of the Board shall (i) be paid not more than the daily equivalent of the annual rate of beisic pay in effect for grade GS-18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Board, and (ii) while away from their homes or regular places of business and while serving in the business of the Board, be entitled to receive transportation expenses as prescribed by section 5703 of title 5, United States Code. "(B) Members of the Board who are full-time officers or employees of the United States shall receive no additional pay, allowances, or benefits by reason of their service on the Board. "(4) The Board may appoint such staff personnel as the Board considers appropriate. "(5) The Secretary shall designate the chairman of the Board. "(6) The Board shall meet at least 3 times each calendar year. "(7) The Board shall report annually to the Committee on Energy and Commerce of the House of Representatives and the (Committee on Labor and Human Resources of the Senate on its activities during the prior year and shall include in such report such recommendations for legislation and administrative action as it deems appropriate.". SEC. 4004. ADVISORY COUNCILS.

42 USC 290aa-4, 290aa-5.

(a) Part A of title V is amended by redesignating sections 505 and 506 as sections 506 and 507, respectively, and by inserting after section 504 the following new section: ADVISORY COUNCILS

42 USC 290aa-3a.

42 USC 300aa.

Supra.

"SEC. 505. (a)(1) The Secretary shall appoint an advisory council for the National Institute on Alcohol Abuse and Alcoholism, for the National Institute on Drug Abuse, and for the National Institute of Mental Health. Each such advisory council shall advise, consult with, and make recommendations to the Secretary and the Director of the Institute for which it was appointed on matters relating to the activities carried out by and through the Institute and the policies respecting such activities. "(2) Each advisory council for an Institute may recommend to the Secretary acceptance, in accordance with section 2101, of conditional gifts for— "(A) study, investigation, or research respecting the diseases, disorders, or other aspect of human health with respect to which the Institute was established; "(B) the acquisition of grounds for the Institute; or "(C) the construction, equipping, or maintenance of facilities for the Institute. "(3) Each advisory council for an Institute— "(A)(i) may on the basis of the materials provided under section 507(d)(2) respecting research conducted at the Institute, make recommendations to the Director of the Institute respecting such research; "(ii) shall review applications for grants and cooperative agreements for research or training and for which advisory

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100 STAT. 3207-110

council approval is required under section 507(e)(2), and recommend for approval applications for projects which show promise of making valuable contributions to human knowledge; and "(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Institute; "(B) may collect, by correspondence or by personal investigation, information as to studies which are being carried on in the United States or any other country as to the diseases, disorders, or other aspect of human health with respect to which the Institute was established and with the approval of the Director of the Institute make available such information through appropriate publications for the benefit of public and private health entities and health professions personnel and scientists and for the information of the general public; and "(C) may appoint subcommittees and convene workshops and conferences. "(b)(1) Each advisory council shall consist of nonvoting ex officio members and not more than 12 members appointed by the Secretary. "(2) The ex officio members of an advisory council shall consist of— "(A) the Secretary, the Administrator, the Director of the Institute for which the advisory council is established, the Chief Medical Director of the Veterans' Administration, and the Assistant Secretary of Defense for Health Affairs (or the designees of such officers), and "(B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions. "(3) The members of an advisory council who are not ex officio members shall be appointed as follows: "(A) Nine of the members shall be appointed by the Secretary from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Institute for which the advisory council is established. "(B) Three of the members shall be appointed by the Secretary from the general public and shall include leaders in fields of public policy, public relations, law, health policy, economics, and management. "(4) Members of an advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The other members of an advisory council shall receive, for each day (including travel time) they are engeiged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for grade GS-18 of the General Schedule. "(c) The term of office of an appointed member of an advisory council is 4 years, except that any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term and the Secretary shall make appointments to an advisory council in such manner as to ensure that the terms of the members do not all expire in the same year. A member may serve after the expiration of the member's term until a successor has taken office. A member who has been appointed for a term of 4 years may not be reappointed to an advisory council before 2 years

5 USC 5331.

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from the date of expiration of such term of office. If a vacancy occurs in the advisory council among the appointed members, the Secretary shall make an appointment to fill the vacancy within 90 days from the date the vacancy occurs. "(d) The chairman of an advisory council shall be selected by the Secretary from among the appointed members, except that the Secretary may select the Director of the Institute for which the advisory council is established to be the chairman of the advisory council. The term of office of chairman shall be 2 years. "(e) The advisory council shall meet at the call of the chairman or upon the request of the Director of the Institute for which it was established, but at least 3 times each fiscal year. The location of the meetings of each advisory council is subject to the approval of the Director of the Institute for which the advisory council was established. "(f) The Director of the Institute for which an advisory council is established shall designate a member of the staff of the Institute to serve as the executive secretary of the advisory council. The Director of the Institute shall make available to the advisory council such staff, information, and other assistance as it may require to carry out its functions. The Director of the Institute shall provide orientation and training for new members of the advisory council to provide them with such information and training as may be appropriate for their effective participation in the functions of the advisory council.". 42 USC 290aa-3a (b) The amendment made by subsection (a) does not terminate the no*®membership of any advisory council for the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, or the National Institute of Mental Hesilth which was in existence on the date of enactment of this Act. After such date— (1) the Secretary of Health and Human Services shall make appointments to each such advisory council in such a manner as to bring about as soon as practicable the composition for such council prescribed by section 505 of the Public Healtli Service Act; (2) each advisory council shall organize itself in accordance with such section and exercise the functions prescribecJ by such section; and (3) the Director of each such institute shall perform for such advisory council the functions prescribed by such section. 42 USC 218. (c) Section 217 is amended— (1) by striking out subsections (a), (b), (c), and (d); (2) by striking out "(e)(D" and inserting in lieu ther 3of "(a)"; (3) by striking out "(2)" and inserting in lieu ther-of "(b)"; (4) by striking out "(3)" and inserting in lieu ther 'of "(c)";, .? - ^ ' (5) by striking out "(4)" and inserting in lieu ther* of "(d)"; and (6) by redesignating clauses (A) and (B) of subsecti^ n (c) (as redesignated by the amendment made by paragraph (I) of this subsection) as clauses (1) and (2), respectively. SEC. 4005. OFFICE FOR SUBSTANCE ABUSE PREVENTION.

(a) Part A of title V (as gmiended by section 4004 of this Act) is further amended by adding at the end thereof the following new sections:....w.,......i.:.-^.•....^. - ..,..,,. ...

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PUBLIC LAW 99-570—OCT. 27, 1986 OFFICE FOR SUBSTANCE ABUSE PREVENTION

'

"SEC. 508. (a) There is established in the Administration an Office for Substance Abuse Prevention (heresifter in this part referred to as the 'Office'). The Office shall be headed by a Director appointed by the Secretary from individuals with extensive experience or academic qualifications in the prevention of drug or alcohol abuse. "(b) The Director of the Office shall— "(1) sponsor regional workshops on the prevention of drug and alcohol abuse; "(2) coordinate the findings of research sponsored by agencies of the Service on the prevention of drug and alcohol abuse; "(3) develop effective drug and alcohol abuse prevention literature (including literature on the adverse effects of cocaine free base (known as 'crack')); "(4) in cooperation with the Secretary of Education, assure the widespread dissemination of prevention materials among States, political subdivisions, and school systems; "(5) support programs of clinical training of substance abuse counselors and other health professionals; "(6) in cooperation with the Director of the Centers for Disease Control, develop educational materials to reduce the risks of acquired immune deficiency syndrome among intravenous drug abusers; "(7) conduct training, technical assistance, data collection, and evaluation activities of programs supported under the Drug Free Schools and Communities Act of 1986; "(8) support the development of model, innovative, community-based programs to discourage alcohol and drug abuse among young people; and "(9) prepare for distribution documentary films and public service announcements for television and radio to educate the public concerning the dangers to health resulting from the consumption of alcohol and drugs and, to the extent feasible, use appropriate private organizations and business concerns in the preparation of such announcements. "(c) The Director may make grants and enter into contracts and cooperative agreements in carrying out subsection (b). "(d) Of the amounts available under the second sentence of section 1921(a) to carry out this section and section 509A, $20,000,000 shall be available to carry out section 509A.

42 USC 290aa-6.

Post, p. 3207-125.

Grants. Contracts. Post, p. 3207-113.

ALCOHOL AND DRUG ABUSE INFORMATION CLEARINGHOUSE

"SEC. 509. The Secretary, through the Director of the Office, shall establish a clearinghouse for alcohol and drug abuse information to assure the widespread dissemination of such information to States, political subdivisions, educational agencies and institutions, health and drug treatment and rehabilitation networks, and the general public. The clearinghouse shall— "(1) disseminate publications by the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the Department of Education concerning alcohol abuse and drug abuse; "(2) disseminate accurate information concerning the health
 * effects of alcohol abuse and drug abuse;

State and local governments. 42 USC 290aa-7.

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"(3) collect and disseminate information concerning successful alcohol abuse and drug abuse education and prevention curricula; and "(4) collect and disseminate information on effective and ineffective school-based alcohol abuse and drug abuse education and prevention programs, particularly effective programs which stress that the use of illegal drugs and the abuse of alcohol is wrong and harmful. PREVENTION, TREATMENT, AND REHABILITATION MODEL PROJECTS FOR HIGH RISK YOUTH Grants. 42 USC 290aa-8.

42 USC 9801 note.

State and local governments.

"SEC. 509A. (a) The Secretary, through the Director of the Office, shall make grants to public and nonprofit private entities for projects to demonstrate effective models for the prevention, treatment, and rehabilitation of drug abuse and alcohol abuse among high risk youth. "GJXI) In making grants for drug abuse and alcohol abuse prevention projects under this section, the Secretary shall give priority to applications for projects directed at children of substance abusers, latchkey children, children at risk of abuse or neglect, preschool children eligible for services under the Head Start Act, children at risk of dropping out of school, children at risk of becoming adolescent parents, and children who do not attend school and who are at risk of being unemployed. "(2) In making grants for drug abuse and alcohol abuse treatment and rehabilitation projects under this section, the Secretary shall give priority to projects which address the relationship between drug abuse or alcohol abuse and physical child abuse, sexual child abuse, emotional child abuse, dropping out of school, unemployment, delinquency, pregnancy, violence, suicide, or mental health problems. "(3) In making grgints under this section, the Secretary shall give priority to applications from community based organizations for projects to develop innovative models with multiple, coordinated services for the prevention or for the treatment and rehabilitation of drug abuse or alcohol abuse by high risk youth. "(4) In making grants under this section, the Secretary shall give priority to applications for projects to demonstrate effective models with multiple, coordinated services which may be replicated and which are for the prevention or for the treatment and rehabilitation of drug abuse or alcohol abuse by high risk youth. "(c) To the extent feasible, the Secretary shall make grants under this section in all regions of the United States, and shall ensure the distribution of grants under this section among urban and rural areas. "(d) In order to receive a grant for a project under this section for a fiscal year, a public or nonprofit private entity shall submit an application to the Secretary, acting through the Office. The Secretary inay provide to the Governor of the State the opportunity to review and comment on such application. Such application shall be in such form, shall contain such information, and shall be submitted at such time as the Secretary may by regulation prescribe. "(e) The Director of the Office shall evaluate projects conducted with grants under this section. "(f) For purposes of this section, the term 'high risk youth' means an individual who has not attained the age of 21 years, who is at

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high risk of becoming, or who has become, a drug abuser or an alcohol abuser, and who— "(1) is identified as a child of a substance abuser; "(2) is a victim of physical, sexual, or psychological abuse; "(3) has dropped out of school; "(4) has become pregnant; "(5) is economically disadvantaged; "(6) has committed a violent or delinquent act; "(7) has experienced mental health problems; "(8) has attempted suicide; or "(9) is disabled by injuries.". (b)(1) Section 502(e) is repealed. (2) Section 503(d) is amended— (A) by inserting "and" at the end of paragraph (2); (B) by striking out "; and" at the end of paragraph (3) and inserting in lieu thereof a period; and (C) by striking out paragraph (4).

42 USC 290aa-l. 42 USC 290aa-2.

SEC. 4006. PUBLIC HEALTH EMERGENCIES.

Part A of title V (as amended by sections 4004 and 4005 of this Act) is further amended by adding at the end thereof the following: RESEARCH ON PUBLIC HEALTH EMERGENCIES

"SEC. 509B. (a) If the Secretary determines, after consultation with the Administrator, the Commissioner of Food and Drugs, or the Director of the Centers for Disease Control, that a disease or disorder within the jurisdiction of an Institute of the Administration constitutes a public health emergency, the Secretary, acting through the Administrator— "(1) shall expedite the review by advisory councils and by peer review groups of applications for grants for research on such disease or disorder or proposals for contracts for such research; "(2) shall exercise the authority in section 3709 of the Revised Statutes (41 U.S.C. 5) respecting public exigencies to waive the advertising requirements of such section in the case of proposals for contracts for such research; "(3) may provide administrative supplemental increases in existing grants and contracts to support new research relevant to such disease or disorder; and "(4) shall disseminate, to health professionals and the public, information on the cause, prevention, and treatment of such disease or disorder that has been developed in research assisted under this section. The amount of an increase in a grant or contract provided under paragraph (3) may not exceed one-half the original amount of the grant or contract. "Ofc)) Not later than 90 days.after the end of a fiscal year, the Secretary shall report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate on actions taken under subsection (a) in such fiscal year if any actions were taken under such subsection in such fiscal year.".

Grants. 42 USC 290aa-9.

Contracts.

Reports.

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SEC. 4007. PEER REVIEW.

42 USC 290aa-5.

Subsection (b) of section 507 (as redesignated by section 4004(a) of this Act) is amended by inserting "applications made for" after "review o f in the matter preceding paragraph (1).

SEC. 4008. NATIONAL ALCOHOL RESEARCH CENTERS. 42 USC 290bb-l. Section 511(b) is amended— (1) by striking out "or rental" before "any land"; and (2) by striking out "rental," before "purchase". SEC. 4009. EXPANSION OF DRUG ABUSE RESEARCH. 42 USC 290cc. Section 515(a) is amended— (1) by striking out "and" after the semicolon in paragraph (4); (2) by striking out paragraph (5) and inserting in lieu thereof the following: "(5) effective methods of drug abuse prevention, treatment, and rehabilitation, particularly methods of intervention to treat abuse of specific drugs; and"; and (3) by adding at the end thereof the following: ' • "(6) the development of chemical antidotes and narcotic antagonists for use in the treatment of cocaine and heroin addiction.". SEC. 4010. RESEARCH AUTHORIZATION. 42 USC 290bb-2. (a) Section 513 is amended to read as follows: AUTHORIZATIONS OF APPROPRIATIONS

42 USC 290CC-2.

"SEC. 513. There are authorized to be appropriated to carry out this subpart $69,000,000 for fiscal year 1987.". (b) Section 517 is amended to read as follows: AUTHORIZATIONS OF APPROPRIATIONS

"SEC. 517. There are authorized to be appropriated to carry out this subpart $129,000,00afor fiscal year 1987.". SEC. 4011. SUICIDE. 42 USC 290aa-3.

Reports. 42 USC 290aa-3 note.

(a) Section 504 is amended by adding at the end thereof the following new subsection: "(h) The Director shall— "(1) develop and publish information respecting the causes of. suicide and the means of preventing suicide; and "(2) make such information generally available to the public and health professionals. Information developed, published, and distributed under this subsection shall especially relate to suicide among individuals under the age of 21.". (b) Not later than one year after the date of enactment of this Act, the Director of the Nationed Institute of Mental Health shall report to the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives on the activities undertaken under section 504(h) of the Public Health Service Act and shall include in such report an assessment of the effectiveness of such activities.

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SEC. 4012. MENTAL HEALTH NEEDS OF THE ELDERLY. i Section 504(c) is amended by adding at the end thereof the follow- 42 USC 290aa-3. ing: "Special consideration shall be given to programs for training and research on the mental health needs of the elderly.". SEC. 4013. TECHNICAL AMENDMENT. Section 504(e) is amended by striking out the period at the end of 42 USC 290aa-3. paragraph (2)(A) and inserting in lieu thereof a semicolon. SEC. 4014. INFANT FORMULAS. (a) Section 412 of the Federal Food, Drug, and Cosmetic Act is 21 USC 350a. amended— (1) by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively, (2) by amending the last sentence of paragraph (1) of subsection (g) (as so redesignated) to read as follows: "Such records shall be retained for at least one year after the expiration of the shelf life of the infant formula.", (3) by striking out "(a) and (b)" in the first sentence of subsection (h)(l) (as so redesignated) and inserting in lieu thereof "(a), (b), and (c)", (4) by striking out "(c)(l)" in the second sentence of such subsection and inserting in lieu thereof "(e)(D", (5) by striking out "(e)(l)(B)" in such sentence and inserting in lieu thereof "(d)(l)(B)", (6) by striking out "(a) and (b)" in subsection (h)(2) (as so redesignated) and inserting in lieu thereof "(a), (b), and (c)", and (7) by striking out subsections (a) through (d) and inserting in lieu thereof the following: "(a) An infant formula, including an infant formula powder, shall be deemed to be adulterated if— "(1) such infant formula does not provide nutrients as re' quired by subsection (i), "(2) such infant formula does not meet the quality factor requirements prescribed by the Secretary under subsection (b)(D, or "(3) the processing of such infant formula is not in compliance with the good manufacturing practices and the quality control procedures prescribed by the Secretary under subsection (b)(2). "(b)(1) The Secretary shall by regulation establish requirements for quality factors for infant formulas to the extent possible consistent with current scientific knowledge, including quality factor requirements for the nutrients required by subsection (i). "(2)(A) The Secretary shall by regulation establish good manufacturing practices for infant formulas, including quality control procedures that the Secretary determines are necessary to assure that an infant formula provides nutrients in accordance with this subsection ^ ' -^ ^ ' and subsection (i) and is manufactured in a manner designed to prevent adulteration of the infant formula. "(B) The good manufacturing practices and quality control procedures prescribed by the Secretary under subparagraph (A) shall include requirements for— "(i) the testing, in accordance with paragraph (3) and by the manufacturer of an infant formula or an agent of such manufacturer, of each batch of infant formula for each nutrient required by subsection (i) before the distribution of such batch,

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"(ii) regularly scheduled testing, by the manufacturer of an infant formula or an agent of such manufacturer, of samples of infant formulas during the shelf life of such formulas to ensure that such formulas are in compliance with this section, "(iii) in-process controls including, where necessary, testing required by good manufacturing practices designed to prevent adulteration of each batch of infant formula, and "(iv) the conduct by the manufacturer of an infant formula or an agent of such manufacturer of regularly scheduled audits to determine that such manufacturer has complied with the regulations prescribed under subparagraph (A). In prescribing requirements for audits under clause (iv), the Secretary shall provide that such audits be conducted by appropriately trained individuals who do not have any direct responsibility for the manufacture or production of infant formula. "(3)(A) At the final product stage, each batch of infant formula shall be tested for vitamin A, vitsmiin Bl, vitamin C, and vitamin E to ensure that such infemt formula is in compliance with the requirements of this subsection and subsection (i) relating to such vitamins. "(B) Each nutrient premix used in the manufacture of an infant formula shall be tested for each relied upon nutrient required by subsection (i) which is contained in such premix to ensure that such premix is in compliance with its specifications or certifications by a premix supplier. "(C) During the manufacturing process or at the final product stage and before distribution of an infant formula, an infant formula s h ^ l be tested for all nutrients required to be included in such formula by subsection (i) for which testing has not been conducted pursuant to subparagraph (A) or (B). Testing under this subparagraph shall be conducted to— "(i) ensure that each batch of such infant formula is in compliance with the requirements of subsection (i) relating to . c such nutrients, and "(ii) confirm that nutrients contained in any nutrient premix used in such infant formula are present in each batch of such infsmt formula in the proper concentration. "(D) If the Secretary adds a nutrient to the list of nutrients in the table in subsection (i), the Secretary shall by regulation require that the manufacturer of an infant formula test each batch of such formula for such new nutrient in accordance with subparagraph (A), (B),or(C). "(E) For purposes of this paragraph, the term 'final product stage' means the point in the manufacturing process, before distribution of an infant formula, at which an infant formula is homogenous and is not subject to further degradation. "(4)(A) The Secretary shall by regulation establish requirements respecting the retention of records. Such requirements shall provide for— "(i) the retention of all records necessary to demonstrate compliance with the good manufacturing practices and quality control procedures prescribed by the Secretary under paragraph (2), including records containing the results of all testing required under paragraph (2)(B), ^ "(ii) the retention of all certifications or guarantees of analysis by premix suppliers, i.

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"(iii) the retention by a premix supplier of all records necessary to confirm the accuracy of all premix certifications and guarantees of analysis, "(iv) the retention of— "(I) all records pertaining to the microbiological quality and purity of raw materials used in infant formula powder and in finished infant formula, and "(II) all records pertaining to food packaging materials which show that such materials do not cause an infant formula to be adulterated within the meaning of section 402(a)(2)(C), "(v) the retention of all records of the results of regularly . scheduled audits conducted pursuant to the requirements prescribed by the Secretary under paragraph (2)(B)(iv), and "(vi) the retention of all complaints and the maintenance of files with respect to, and the review of, complaints concerning infant formulas which may reveal the possible existence of a hazard to health. "(B)(i) Records required under subparagraph (A) with respect to an infant formula shall be retained for at least one year after the expiration of the shelf life of such infant formula. Except as provided in clause (ii), such records shall be made available to the Secretary for review and duplication upon request of the Secretary, "(ii) A manufacturer need only provide written assurances to the Secretary that the regularly scheduled audits required by paragraph (2)(B)(iv) are being conducted by the manufacturer, and need not make available to the Secretary the actual written reports of such audits. "(c)(1) No person shall introduce or deliver for introduction into interstate commerce any new infant formula unless— "(A) such person has, before introducing such new infant formula, or delivering such new infant formula for introduction, into interstate commerce, registered with the Secretary the name of such person, the place of business of such person, and all establishments at which such person intends to manufacture such new infant formula, and "(B) such person has at least 90 days before marketing such new infant formula, made the submission to the Secretary required by subsection (c)(1). "(2) For purposes of paragraph (1), the term 'new infant formula' includes— "(A) an infant formula manufactured by a person which has not previously manufactured an infant formula, and "(B) an infant formula manufactured by a person which has previously manufactured infant formula and in which there is a major change, in processing or formulation, from a current or any previous formulation produced by such manufacturer. For purposes of this paragraph, the term 'major change' has the meaning given to such term in section 106.30(c)(2) of title 21, Code o,. Federal Regulations (as in effect on August 1, 1986), and guidelines issued thereunder. "(d)(1) A person shall, with respect to any infant formula subject to subsection (c), make a submission to the Secretary which shall include— "(A) the quantitative formulation of the infant formula, "(B) a description of any reformulation of the formula or change in processing of the infant formula,

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"(O assurances that the infant formula will not be marketed unless it meets the requirements of subsections (b)(l) and (i), as demonstrated by the testing required under subsection (b)(3), and "(D) assurances that the processing of the infant formula complies with subsection 03X2). "(2) Alter the first production of an infant formula subject to subsection (c), and before the introduction into interstate commerce of such formula, the manufacturer of such formula shall submit to the Secretary, in such form as may be prescribed by the Secretary, a written verification which summarizes test results and records demonstrating that such formula complies with the requirements of subsections (b)(D, (b)(2)(A), (b)(2)(B)(i), (b)(2)(B)(iii), (b)(SXA). (b)(BXC), and (i). "(3) If the manufacturer of an infant formula for commercial or charitable distribution for human consumption determines that a change in the formulation of the formula or a change in the processing of the formula may affect whether the formula is adulterated under subsection (a), the manufacturer shall, before the first processing of such formula, make the submission to the Secretary required by paragraph (1). ' (e)(1) If the manufacturer of an infant formula has knowledge which reasonably supports the conclusion that an infant formula which has been processed by the manufacturer and which has left an establishment subject to the control of the manufacturer— "(A) may not provide the nutrients required by subsection (i), or "(B) may be otherwise adulterated or misbranded, the manuiFacturer shall promptly notify the Secretary of such knowledge. If the Secretary determines that the infant formula presents a risk to human health, the manufacturer shall immediately take all actions necessary to recall shipments of such infant formula from all wholesale and retail establishments, consistent with recall regulations and guidelines issued by the Secretary. "(2) For purposes of paragraph (1), the term 'knowledge' as applied to a manufacturer means (A) the actual knowledge that the manufacturer had, or (B) the knowledge which a reasonable person would have had under like circumstances or which would have been obtained upon the exercise of due care. "(fKD If a recall of infant formula is begun by a manufacturer, the recall shall be carried out in accordance with such requirements as the Secretary shall prescribe under paragraph (2) and— "(A) the Secretary shall, not later than the 15th day after the beginning of such recall and at least once every 15 days thereafter luitil the recall is terminated, review the actions taken under the recall to determine whether the recall meets the requirements prescribed under paragraph (2), and "(B) the manufacturer shall, not later than the 14th day after the beginning of such recall and at least once every 14 days there£^»r until the recall is terminated, report to the Secretary the actions taken to implement the recall. "(2) The Secretary shall by regulation prescribe the scope and extent of recalls of infant formulas necessary and appropriate for the degree of risks to human health presented by the formula subject to the recall. "(3) The Secretary shall by regulation require each manufacturer of an infant formula who begins a recall of such formula because of

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a risk to human health to request each retail establishment at which such formula is sold or available for sale to post at the point of purchase of such formula a notice of such recall at such establishment for such time that the Secretary determines necessary to inform the public of such recall.". (b)(1) Subsection (i) of such section (as so redesignated) is amended— (A) by inserting "(1)" after "(i)", (B) by striking out "subsection (a)" and inserting in lieu thereof "paragraph", (C) by striking out the colon and inserting in lieu thereof a period, and (D) by adding at the end the following: "(2) The Secretary may by regulation— "(A) revise the list of nutrients in the table in this subsection, and "(B) revise the required level for any nutrient required by the table.". (2) Section 301(s) of the Federal Food, Drug, and Cosmetic Act is amended to read as follows: "(s) The failure to provide the notice required by section 412(c) or 412(d), the failure to make the reports required by section 412(f)(l)(B), the failure to retain the records required by section 412(b)(4), or the failure to meet the requirements prescribed under section 412(fK3).". SEC. 4015. STUDY ON ALKYL NITRITES. The Secretary of Health and Human Services, through the Commissioner of Food and Drugs and the Director of the National Institute on Drug Abuse, shall, within 180 days of the date of the enactment of this Act, conduct a study on alkyl nitrites to determine— (1) the extent and nature of the use of alkyl nitrites products by the public, (2) the extent to which the use of such products conform to the advertised uses of the products, and (3) the extent to which the sale of such products to the public presents a health risk and the nature of such risk. The Secretary shall report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate on such study and shall include in the report recommendations concerning whether alkyl nitrites should be treated as a drug under the Federal Food, Drug, and Cosmetic Act. SEC. 4016. SENSE OF THE SENATE WITH RESPECT TO POSSESSION OR DISTRIBUTION OF DRUGS UNDER STATE LAW. It is the sense of the Senate that, if the possession or distribution of a drug is an offense under the Controlled Substances Act, the laws of the States should not be amended or revised to provide that the possession or distribution, respectively, of such drug is not a criminal offense. SEC. 4017. STUDIES ON HEALTH WARNING LABELS FOR ALCOHOLIC BEVERAGES. (a) The Senate finds that— (1) the most abused drug in America is alcohol;

21 USC 350a.

21 USC 331. Ante, 3207-116.

Reports.

21 USC 301.

21 USC 801 note.

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(2) alcohol abuse costs the American economy nearly $120,000,000,000 per year, including increased medical expenses and decreased productivity; (3) in 1984, 53 percent of the traffic fatalities in the United States, accounting for more than 23,500 deaths, were related to the consumption of alcohol; (4) over 12,000,000 American adults have one or more symptoms of alcoholism, and this represents an 8.2 percent increase in problem drinking since 1980; (5) in 1984, almost 3,300,000 individuals between the ages of 14 and 17 experienced serious problems at home, in school, or with the law because of alcohol consumption; (6) fetal alcohol syndrome is the third leading cause of birth defects, and is the only preventable cause of birth defects among the top three causes; (7) nearly 5,000 babies per year are born with birth defects related to fetal alcohol s3nidrome; (8) the statistics cited in the preceding paragraphs of this subsection indicate that many Americans are not aware of the adverse effects that the abuse of alcoholic beverages may have on health; (9) it is necessary to undertake a serious national effort to educate the American people of the serious consequences of alcohol abuse; and (10) carefully drafted warning labels on the containers of alcoholic beverages concerning serious health consequences resulting from the abuse of alcohol may assist in providing such education. (b) Therefore, it is the sense of the Senate that— (1) the Public Health Service should focus attention on the problem of educating the American people on the serious health consequences of alcohol abuse; (2) the Public Health Service should review available knowledge and conduct studies to assess the most effective means of providing such education, including an assessment of the potential educational impact of health warning labels on the containers of alcoholic beverages; and (3) the Public Health Service should transmit a report to the Congress within 6 months after the date of enactment of this Act concerning any activities described in paragraph (2) which have been undertaken, and should include in such report any findings respecting the impact and potential benefits of displaying health warnings on the containers of alcoholic beverages and recommendations for specific language for such labels. SEC. 4018. EFFORTS OF THE ENTERTAINMENT AND WRITTEN MEDIA INDUSTRY.

It is the sense of Congress that— (1) whereas illegal drug and alcohol consumption and the trafficking in those illegal drugs and alcohol is a major problem in the United States, (2) whereas the problem of alcohol abuse is particularly prevalent among and harmful to the Nation's young people, and (3) whereas the values and mores portrayed in various forms of commercially produced entertainment have a profound effect on the attitudes of yoimg people in this country,

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