H.R.5293 - Anti-Drug Abuse Act of 1990101st Congress (1989-1990)
|Sponsor:||Rep. English, Glenn [D-OK-6] (Introduced 07/17/1990)|
|Committees:||House - Foreign Affairs; Ways and Means; Judiciary; Banking, Finance, and Urban Affairs; Energy and Commerce; Armed Services; Education and Labor; Public Works and Transportation; Merchant Marine and Fisheries; Post Office and Civil Service; Science, Space and Technology; Government Operations|
|Latest Action:||House - 08/16/1990 Referred to the Subcommittee on Coast Guard and Navigation. (All Actions)|
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Summary: H.R.5293 — 101st Congress (1989-1990)All Information (Except Text)
Introduced in House (07/17/1990)
Anti-Drug Abuse Act of 1990 - Title I: International Efforts to Reduce Illegal Drug Production and Drug Trafficking - Expresses the sense of the Congress that the President should direct the Secretary of State to negotiate with the Governments of Canada and Mexico for the establishment of a North American Narcotics Council which would explore ways and means of facilitating the exchange of information (both in antinarcotics efforts and in substance abuse reduction and education programs), increasing cooperation in antinarcotics efforts, and improving efforts to supply assistance to source and trafficking countries, and reducing through other areas and programs the demand and supply of illicit narcotics and psychotropic substances. Requires the President to submit to the Congress, for each fiscal year in which the United States participates in the Council, a budget request to cover the expenses of such participation.
Sets forth provisions for the appointment of a permanent U.S. representative and congressional advisors to the Council, provisions for termination of such Council, and reporting requirements.
Requires the President, with respect to each year after 1989, to determine whether: (1) there was a reduction in the quantity of illicit coca produced or in illicit coca activities in Bolivia, Colombia, and Peru; and (2) any reduction is attributable to the implementation of social or economic alternatives in such countries. Authorizes the President, if an affirmative determination with respect to such a country is made and the Congress enacts a law approving it, to apply special trade treatment to articles that: (1) are products of such country; and (2) are entered or withdrawn from warehouse for consumption in U.S. customs territory in the year following the year such determination was made. Specifies that if the granting of such special trade treatment would violate the General Agreement on Tariffs and Trade, provisions of this Act shall be inapplicable until the President obtains a waiver of the provision which is the basis for such violation. Prohibits such special treatment if specified actions under the Narcotics Control Trade Act are in effect with respect to such country or if such treatment is restricted under countervailing duties or trade dumping regulations.
Authorizes appropriations for additional economic assistance grants for the Governments of Bolivia and Peru, to be made available only after consummation of a written agreement between such governments and the United States outlining specific, verifiable illicit coca eradication plans resulting in a 50 percent eradication of the illicit coca crop by the end of FY 1993, and a 100 percent eradication by the end of FY 1996.
Requires the Secretary of State to negotiate such bilateral agreements on behalf of the United States and to have primary responsibility for verifying the actual eradication of illicit coca in Bolivia and Peru.
Authorizes the use of funds under the Foreign Assistance Act of 1961 (FAA) and the Arms Export Control Act (AECA) for training and equipment for law enforcement agencies or other units in Colombia, Bolivia, and Peru that are organized for the specific purpose of enforcing narcotics laws.
Waives, during FY 1991 through 1993: (1) specified provisions limiting assistance to countries in default on obligations owed to the United States with respect to narcotics-related assistance under the FAA or AECA for a country that is a "major illicit drug producing country" because of its coca production; and (2) any provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act that prohibit the use of FAA funds for activities in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States with respect to assistance for crop substitution and alternative development activities undertaken in furtherance of narcotics control objectives.
Amends the FAA to: (1) authorize funding for the procurement of weapons or ammunition to arm, for defensive purposes, aircraft that are leased or loaned by the United States and used in narcotics control eradication or interdiction efforts and persons participating in such efforts; (2) make an exception to the withholding of assistance for major illicit drug producing or drug-transit countries where such action would be contrary to the national interest of the United States; (3) authorize the President to provide aircraft on a sale or grant basis for anti-narcotics activities if he determines that it would be in the U.S. national interest to do so and reports the determination and the terms of the proposed sale or grant to the Congress; (4) authorize Bolivia and Peru to have U.S. military personnel strengths larger than six to carry out international security assistance programs; and (5) make certain certification procedures under such Act inapplicable to certain major drug-transit countries if the President certifies that such countries meet specified requirements in terms of making progress towards narcotics control.
Amends the Federal criminal code to authorize the Secretary of State to order the surrender to a foreign government of a U.S. citizen whose extradition has been requested, notwithstanding that the terms of the applicable treaty or convention do not obligate the United States to extradite its citizens, if the other requirements of such treaty or convention are met.
Amends the Export-Import Bank Act of 1945 to: (1) make certain restrictions under such Act and under the AECA inapplicable to sales of defense articles or services made on or before September 30, 1992 (currently, 1990); and (2) revise the definition of the term "defense articles and services" to conform to that under the AECA.
Expresses the sense of the Congress that the Secretary of the Treasury shall instruct the U.S. Executive Directors of the International Bank of Reconstruction and Development, the International Development Association, and the Inter-American Development Bank to use the vote and influence of the United States to promote development projects in the Andean region consistent with U.S. anti-narcotics objectives.
Establishes an Interagency Task Force on Combatting Illicit Narcotics and an Interagency Task Force on Money Laundering.
Authorizes the Attorney General to assist major illicit drug producing and drug-transit countries in adopting national legislation to accommodate treaties on mutual assistance in criminal matters and on extradition and to provide technical assistance and advice aimed at strengthening the judicial, legal, and law enforcement system of such countries.
Expresses the sense of the Congress that: (1) the United States should support the actions of Latin American jurists in prosecuting drug criminals; and (2) the President should take steps to convene an international judicial conference for the purposes of emphasizing worldwide support for prosecuting drug traffickers and enabling senior judicial officials to exchange information on antinarcotic laws and statutes.
Authorizes appropriations for military and law enforcement assistance and training to eligible countries for controlling illicit narcotics production and trafficking.
Urges the executive branch to: (1) coordinate closely with all allies in the Western Hemisphere dedicated to countering the threat of drug trafficking; and (2) explore the possibility of undertaking joint military and intelligence operations with other countries of the Western Hemisphere.
Directs the Attorney General to enter into negotiations with law enforcement officials of each foreign country with jurisdiction over companies that manufacture, market, sell, or purchase precursor or essential chemicals used in the production of illicit narcotics, with priority given to countries knowingly or unknowingly supplying such chemicals, to: (1) establish a list of such chemicals; (2) achieve international agreement on a method for maintaining records of transactions of such chemicals; (3) establish a procedure by which such records may be made available to U.S. law enforcement authorities; and (4) encourage source countries to enact national chemical control legislation.
Requires the President to impose sanctions (such as barring transactions within the interstate or foreign commerce of the United States) on any company or other entity that refuses to maintain records to monitor and regulate transactions of listed precursor chemicals or that refuses to make such records available to U.S. law enforcement authorities for investigative purposes.
Authorizes and directs the Attorney General to conduct research into additives and other means which would render precursor and essential chemicals useless in the production and manufacture of illegal drugs but that would not affect the legitimate commercial uses of such chemicals. Authorizes appropriations.
Requires the Secretary of Defense to: (1) transfer four AH-1J helicopters to the Government of Colombia for anti-drug interdiction operations; and (2) make available sums for the training of Colombian personnel by Department of Defense (DOD) personnel in the operation, maintenance, logistics support, and deployment of such helicopters.
Urges the Secretary of State to fully consider and implement proposals from U.S. allies for combatting illicit narcotics, including cooperation in law enforcement, interdiction, prevention, treatment, and research.
Title II: Interdiction - Subtitle A: Department of State - Authorizes appropriations for the procurement of twin-engine helicopters to expand joint operations with law enforcement officials of major drug transit countries.
Subtitle B: Customs Service - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for additional canine enforcement teams and research and development and to increase the number of full-time Customs Service inspectors deployed at ports of entry under the contraband inspection program.
Subtitle C: Defense - Authorizes appropriations for the Army National Guard to upgrade surveillance helicopters. Provides for: (1) the deployment of such helicopters by Guard units of Arizona, California, New Mexico, and Texas to support interdiction operations carried out by civilian law enforcement agencies; and (2) coordination with specified agencies.
Authorizes appropriations to DOD for airborne early warning surveillance (AEW) aircraft. Authorizes the Secretary of Defense to make the P-3 AEW aircraft available to the Customs Service.
Subtitle D: Making Drug-Related Intelligence a Level-One Intelligence Priority - Calls for the U.S. intelligence community to devote greater resources to intelligence activities relating to international drug production and trafficking.
Urges the Director of Central Intelligence (DCI) to: (1) make support of anti-drug efforts a Level One Priority in his National Foreign Intelligence Strategy; (2) reflect such priority in the National Foreign Intelligence Program; and (3) include in his next National Foreign Intelligence Budget a separate and detailed request for funds necessary to make such activities a Level One Priority.
Expresses the sense of the Congress that the DCI should expand resources devoted to human intelligence directed against international drug trafficking, particularly with respect to law enforcement operations along the U.S. border.
Subtitle E: Preventing Drug Traffickers From Entering the United States Using Fraudulent Immigration Documents - Directs the Secretary of State and the Attorney General to: (1) establish a program under which applicants for entry into the United States shall be required to submit fingerprints at the time of application and to be checked against records of the Federal Bureau of Investigation (FBI), the Immigration and Nationalization (INS), and other U.S. agencies to ensure that the applicant has not submitted fraudulent documentation or is not otherwise excludable under U.S. immigration laws; (2) implement such program in two phases, including a two-year pilot program for applicants from major drug-producing or transit countries (phase I) and implementation over the next three years and expansion to all alien applicants requesting entry into the United States (phase II); and (3) conduct a comprehensive review and evaluation of such program and submit specified reports to the Congress.
Subtitle F: Situational Awareness Technology - Makes certain funds authorized to be appropriated for Research, Development, Test, and Evaluation, Air Force, available for continued development of situational awareness technology for military and civilian drug interdiction applications.
Title III: Law Enforcement - Subtitle A: State and Local Law Enforcement Assistance - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize appropriations for the Drug Control and System Improvement Grant Program.
Subtitle B: Interstate Transportation for Purposes of Drug Activity - Amends the Controlled Substances Act (CSA) to prohibit the transport in interstate or foreign commerce of a person for the purpose of engaging in the growing, harvesting, manufacture, distribution, or dispensing of a controlled or counterfeit substance.
Subtitle C: Drug-Free School Zones - Directs the Attorney General to develop a model program of strategies and tactics for establishing and maintaining drug-free school zones which provide State and local law enforcement agencies with materials, training, and other assistance to establish, enforce, and evaluate the effectiveness of drug-free school zone enforcement efforts.
Delineates criteria for such model program, including defining the criminal justice community's role in creating and maintaining such zones, developing a framework for law enforcement collaboration with the school system and community resource network, providing materials and technical assistance for demarcating and establishing such zones, and creating a uniform framework for monitoring and evaluating their effectiveness.
Subtitle D: Drug Testing of Defendants on Probation or Supervised Release - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on supervised release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants.
Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results.
Subtitle E: Civil Forfeiture - Eliminates a restriction on the disposal of judicially forfeited property by the Secretary of the Treasury and the Postal Service.
Authorizes the Attorney General or the Secretary of the Treasury to transfer certain property civilly or criminally forfeited (or the proceeds) to foreign countries which participated in the seizure or forfeiture under specified circumstances.
Subtitle F: Authorization of Appropriations - Authorizes appropriations, to carry out the activities of the Department of Justice (DOJ), for: (1) the hiring of additional personnel for the U.S. Attorney's office, and for additional agents of the FBI; (2) the Drug Enforcement Administration (DEA); (3) the States, under the formula grant program administered by the Office of Justice Programs, for rural drug enforcement; (4) State and local multi-agency tactical narcotics teams in high intensity drug areas; (5) the establishment by DEA of a foreign precursor chemical program; (6) the establishment and operation of a national drug and related crime tip hotline; and (7) the INS.
Authorizes appropriations, to carry out the activities of the Department of the Treasury, for: (1) the Bureau of Alcohol, Tobacco, and Firearms; (2) the Federal Law Enforcement Training Center; and (3) the U.S. Customs Service.
Subtitle G: Regional Prisons - Authorizes appropriations for the construction and operation of ten regional prisons for State and Federal prisoners found to have substance abuse problems requiring long-term treatment to be located in places chosen by the Director of National Drug Control Policy. Sets forth requirements regarding prisoner eligibility, State responsibilities with respect to such prisons, and the powers of the Director of the Bureau of Prisons.
Subtitle H: Victims of Child Abuse Act of 1990 - Victims of Child Abuse Act of 1990 - Chapter 1: Drug-Related Child Abuse; Habitual Child Abuse Offense - Amends the Federal criminal code to make it a felony to commit a crime of violence against a person under age 18 if the offense was committed as part of a violation of the CSA or the Controlled Substances Import and Export Act.
Requires the Attorney General to amend the United States Attorneys' Manual to reflect the intent of the Congress that Federal prosecution occur only in egregious cases of drug-related abuse and neglect.
Requires the United States Sentencing Commission to promulgate guidelines to provide that a defendant convicted of such an offense, who has previously been convicted on two separate occasions of a sexual offense or crime of violence in which the victim was under age 18, shall receive the maximum punishment authorized by law.
Chapter 2: Improving Investigation and Prosecution of Child Abuse Cases - Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to develop multidisciplinary child abuse investigation and prosecution programs. Enumerates program criteria, including requirements identifying a neutral site for counseling child victims of sexual and serious physical abuse and neglect, referring cases to such counseling center within 24 hours, minimizing the number of interviews the child victim must attend, requiring that all interviews and meetings with a child victim occur at the counseling center, designating a director for the multidisciplinary program and assigning volunteers or staff advocates to each child's family.
Requires the Administrator to make grants to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in State or Federal courts.
Chapter 3: Court-Appointed Special Advocate Program - Requires the Administrator to: (1) make grants to expand the court-appointed special advocate program; (2) establish criteria to be used in evaluating grant applications, which shall include a program providing screening, training, and supervision of court-appointed special advocates. Authorizes appropriations.
Chapter 4: Child Abuse Training Programs for Judicial Personnel and Practitioners - Requires the Administrator to provide technical assistance and training to judicial personnel and attorneys to improve the judicial system's handling of child abuse and neglect cases and provide administrative reform in juvenile and family courts.
Chapter 5: Federal Victims' Protections and Rights - Amends the Federal Rules of Criminal Procedure to allow in a proceeding involving an alleged offense against a child or involving a child witness, the attorney for the government, the child's attorney, or the guardian ad litem to apply (at least five days before trial date) for a court order that the child's testimony be taken in a room outside the courtroom and be televised by two-way closed-circuit television (TV).
Authorizes the court to order that such testimony be taken by closed-circuit TV if it finds that the child is unable to testify in open court because of: (1) the child's persistent refusal to testify despite the court's requests to do so; (2) the child's total inability to testify because of fear, failure of memory, or similar circumstances; (3) the substantial likelihood that the child will suffer emotional trauma; and (4) the child suffering a mental or other infirmity.
Requires: (1) the court to support any ruling on the child's inability to testify in open court with findings on the records; and (2) expert testimony to support such a finding, with respect to the child's persistent refusal to testify.
Specifies that: (1) if the court orders the taking of testimony by television, the attorney for the Government and the defense attorney shall be present in the room with the child and the child shall be subject to direct cross-examination; and (2) the only other persons allowed to be present are the child's attorney or guardian ad litem, those persons necessary to operate the closed-circuit equipment, and other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child.
Requires that: (1) the child's testimony be transmitted by closed-circuit TV into the courtroom for the defendant, jury, judge, and public view; (2) the defendant be provided with the means of private, contemporaneous communication with his attorney during the testimony; and (3) the closed-circuit TV transmission relay the defendant's image into the room in which the child is testifying.
Sets forth analogous provisions with respect to videotaped depositions of child victims and child witnesses.
Sets forth requirements with respect to competency examinations for child witnesses.
Sets forth provisions with respect to confidentiality of information involving a child in connection with a criminal proceeding. Authorizes the court: (1) on motion by any person, to issue an order protecting a child's name or other information concerning the child in the course of the proceedings if the court determines that disclosure would be detrimental to the child; and (2) to allow disclosure to anyone to whom disclosure is necessary for the welfare and well-being of the child.
Grants the child victim or witness the same right to submit victim impact statements prior to sentencing as prescribed for an adult. Directs that child victims or witnesses be assisted by their court appointed guardian ad litem in preparing victim impact statements.
Encourages the use of multidisciplinary teams designed to assist child victims or child witnesses. Delineates the role of such teams.
Authorizes the court to appoint a guardian ad litem or a witness to a crime involving abuse or exploitation to protect the best interests of the child. Sets forth guidelines with respect to criteria in choosing, and the duties of, such guardian.
Grants a child testifying at or attending a judicial proceeding the right to be accompanied by an adult attendant to provide emotional support to the child, subject to certain restrictions.
Authorizes the court, in any proceeding where a child is called to give testimony, to designate the case as being of special public importance and to expedite the action. Requires the court to ensure a speedy trial and, in deciding whether or not to grant a continuance, to take into account the child's age and the potential adverse impact the delay may have on the child's well-being.
Declares that there is no statute of limitations for any sex offense involving a child victim. Provides for extension of the period of limitations with respect to civil actions arising out of the same occurrence and in which the child is the victim.
Amends the Federal Rules of Civil Procedure to set forth analogous provisions with respect to the rights of child victims and child witnesses in civil cases.
Amends the Federal Rules of Evidence to create a hearsay exception for an out-of-court statement made by a child of less than 13 years concerning acts or conduct related to alleged completed or attempted crimes of sexual abuse, physical abuse, or exploitation of such child or concerning a crime against another witnessed by the child that is not otherwise admissible if: (1) the child testifies at the proceeding, or testifies by means of videotaped deposition or closed-circuit TV and, at the time such testimony, is subject to cross-examination about the out-of-court statement; (2) the court finds that the child's out-of-court statement possesses particularized guarantees of trustworthiness; or (3) the court finds that the child is unable to testify effectively for various reasons, such as the child's death, absence, or refusal, or substantial likelihood that the child would suffer emotional trauma.
Requires the proponents of the statement to inform the adverse party of the intention to offer the statement and its content sufficiently in advance of the proceeding to provide the defendant with a fair opportunity to prepare a response.
Delineates factors which the court may consider in determining whether a statement possesses particularized guarantees of trustworthiness, including the child's knowledge of the event, the age and maturity of the child, any apparent motive the child may have to falsify or distort the event, and whether extrinsic evidence exists to show the defendant's opportunity to commit the act complained of in the child's statement. Requires the court to support with findings on the record any rulings pertaining to the child's inability to testify in open court and the trustworthiness of the out-of-court statement.
Authorizes the court to permit the child to use anatomical dolls, puppets, drawings, or any other demostrative device to assist in testifying.
Requires a person who, while engaged on Federal land or in a federally operated or constructed facility in one of several specified professional capacities, including health care provider, social worker, teacher, child care worker, law enforcement officer, foster parent, and commercial film processor, learns of facts that give reason to suspect an incident of chlld abuse, to report the suspected abuse as soon as possible to a designated agency. Makes the failure to report a misdemeanor. Provides for civil liability for failure to report such an incident. Abrogates the privileged nature of communications between a health care provider and a patient or between a husband or wife in any investigations or judicial actions resulting from a report of abuse or neglect.
Requires that such professionals receive periodic training in the obligations to report, as well as in the identification of abused and neglected children.
Chapter 6: Child Care Worker Employee Background Checks - Requires Federal agencies involved with the provision of services to children under age 18 to assure that all existing and newly-hired employees undergo a criminal history background check.
Sets forth procedures with respect to the conduct of such background checks.
Specifies that: (1) any conviction for a sex crime, an offense involving a child victim, or drug offense shall be grounds for denying employment or for dismissal of an employee engaged in specified child care services; (2) an incident in which an individual has been charged, but where the charge has not yet been disposed of, shall permit the employee's suspension from any contact with children until the case is resolved; and (3) convictions of other crimes may be considered if they bear on an individual's fitness to have responsibility for the safety and well-being of children.
Sets forth requirements with respect to questions to be asked in employment applications, criminal history records checks, and access to (and the right to challenge the accuracy of) the criminal history report.
Encourages voluntary criminal history checks for others who may have contact with children.
Subtitle I: Rural Drug Enforcement - Rural Drug Enforcement Act - Requires the Director of National Drug Control Policy to designate a Rural Drug Policy Coordinator to examine the special needs of rural areas in drug interdiction and coordinate the drug interdiction efforts of Federal agencies in such areas.
Amends the Act of 1968 to set aside specified sums for rural areas.
Directs the Attorney General to assign for any rural State that is currently assigned less than ten drug enforcement agents not less than four additional special agents.
Directs the Secretary of the Treasury to develop a drug interdiction training program for law enforcement officers in rural areas.
Title IV: Prevention, Treatment, and Education - Subtitle A: Drug Testing - Quality Assurance in the Private Sector Drug Testing Act of 1990 - Prohibits any employer engaged in commerce from refusing to hire an applicant, taking adverse action against an employee, or discharging an employee on the basis of the results of a drug test administered to the applicant or employee unless such test was conducted by a laboratory which: (1) meets guidelines prescribed by the Secretary of Health and Human Services; (2) requires a confirmatory test when an initial screening test is positive; and (3) provides guidelines to the employers on procedures for the collection of specimens to be tested and the chain of custody. Subjects an employer who takes any such action on the basis of a drug test result conducted by a laboratory which does not meet such requirements to a civil penalty of $10,000.
Subtitle B: Miscellaneous Provisions - Amends the Public Health Service Act (PHSA) to require the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to make grants and enter into contracts and cooperative agreements to provide clinical training in alcohol and drug abuse and to develop curricula and materials for such training. Authorizes appropriations. Increases the ADAMHA block grant authorization. Authorizes the use of ADAMHA block grant funds for alcohol abuse and drug addiction treatment services in State or local correctional facilities.
Requires the State, as a condition on the receipt of Federal funds, to maintain State expenditures for drug abuse-related services at a level equal to not less than the average amount of such expenditures for the preceding two years.
Requires States to develop and submit to the Secretary annually for review and approval a Statewide Drug Treatment Plan.
Requires the Director of the Office for Substance Abuse Prevention, in making grants for model projects for pregnant and post-partum women and their infants, to give priority to projects that will provide treatment services and that include specified programs including outreach services, child care, transportation, and other support services, case management services, and any other services that will tend to improve pregnancy outcomes, reduce substance abuse among women of childbearing age, and increase the stability of the family home environment.
Bars the Director from making such grants unless specified conditions are met, such as the applicant's agreeing to provide the health service directly, that any charge imposed be according to a schedule of charges made available to the public and be adjusted to reflect the recipient's income and resources, and that no charge be imposed upon any women with an income less than 100 percent of the official poverty line.
Establishes in ADAMHA the Office for Treatment Improvement (Treatment Office) to: (1) collaborate with the Director of the Office for Substance Abuse Prevention and the Director of the National Institute on Drug Abuse (NIDA); (2) evaluate State plans and carry out programs under existing provisions; (3) train providers of prehospital emergency medical services; (4) conduct or support described programs; and (5) take other actions with regard to treatment. Authorizes appropriations.
Establishes within the General Accounting Office a Special Panel on Evaluation of Drug Prevention, Education, and Treatment Programs. Authorizes appropriations.
Requires the Director of the Treatment Office to establish programs to provide grants to: (1) eligible institutions to provide training services to increase the supply of drug treatment professionals; and (2) hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects (at least one in each State) that provide, or expand the availability of, substance abuse treatment services.
Requires the alcohol and drug abuse information clearinghouse required to be established under the PHSA to: (1) gather information pertaining to ADAMHA and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals.
Transfers authority from the Administrator of ADAMHA to the Director of the Treatment Office for an existing grant program for reduction of the waiting period for drug abuse treatment. Removes provisions prohibiting more than one grant for any treatment program. Allows a grantee to spend not more than 50 percent of the grant for follow-up services. Increases the authorization of appropriations. Sets forth reporting requirements.
Authorizes appropriations for the Federal Prison System for substance abuse treatment services.
Directs the Bureau of Prisons to separate drug-dependent offenders undergoing treatment from the general prison population and avoid returning such offenders to the general prison population after the completion of the treatment program.
Requires the Attorney General to: (1) make sums available from appropriations authorized for the DOJ to establish a Federal training center to train Federal, State, and local prison officials to develop treatment and rehabilitation programs for drug-dependent prisoners; and (2) require the Director of the prison system to see that no less than 25 percent of all new prison beds at any new prison facility, beginning in FY 1991, include treatment and rehabilitation programs and accommodations for drug-dependent offenders.
Requires the Director of the Treatment Office to establish programs to provide grants to public and nonprofit private entities that provide drug treatment services to individuals under criminal justice supervision.
Subtitle C: Education and Prevention - Chapter 1: Comprehensive Drug Education - Reauthorizes appropriations under the Drug Free Schools and Communities Act of 1986. Amends such Act to require the Secretary of Education to establish and administer a model program to provide grants to schools and institutions to implement comprehensive drug education programs providing for the establishment of an anti-drug policy, implementation of peer to peer programs that allow children to talk about handling pressures to use and sell drugs, and family and community involvement in drug prevention. Sets forth criteria for grant awards. Authorizes appropriations.
Requires such Secretary to expand existing programs at the Department of Education to provide schools with greater access to programs that teach skills in resisting drug abuse and assertiveness training for children in grades kindergarten through 12. Authorizes appropriations.
Amends the PHSA to direct the Secretary of Health and Human Services to establish: (1) a program to make grants to eligible institutions that establish or expand drug prevention programs to be comprehensive in nature and to include an anti-drug policy, peer to peer drug abuse programs, and family and community involvement; and (2) a National Substance Abuse Prevention Training Program to make grants to States, local agencies, and community organizations to provide substance abuse prevention training and to coordinate with other community resources and programs. Authorizes appropriations.
Directs such Secretary to establish a National Drug Prevention Corps. Authorizes appropriations.
Requires the Director of National Drug Control Policy to provide resources to assist members of the motion picture and television industries in the production of programs that carry anti-drug messages. Authorizes appropriations.
Expresses the sense of the Congress that: (1) all places of work should be drug-free; (2) corporate America should take an active role in assisting employees with drug-related problems; and (3) employers should take specified steps towards creating a drug-free workplace, such as establishing a clear drug-free policy and establishing an employee assistance plan for substance abusing employees.
Directs the Secretary of Labor to: (1) identify 100 major business regions in the United States and contact local chief executive officers in such regions to encourage them to develop in each region a Corporation Against Drug Abuse program; and (2) provide each region with $10,000 to assist such officers in coordinating such program in each region.
Amends the Drug-Free Workplace Act of 1988 to include within the drug-free awareness programs for Federal contractors and Federal grant recipients discussions of the dangers and early signs of drug abuse by children.
Title V: Department of Defense - Authorizes the Secretary of Defense to plan and execute training missions for the primary purpose of assisting civilian law enforcement agencies in connection with anti-drug activities.
Amends the Department of Defense Authorization Act of Fiscal Years 1990 and 1991 to authorize the Secretary to transfer excess communications equipment to civilian law enforcement agencies of foreign countries to assist in counter-drug activities.
Authorizes the President to lease excess engineering equipment in the inventory of DOD to foreign governments to assist in anti-drug activities or in the development of their infrastructure at nominal or no cost to such governments.
Authorizes the Secretary to make available logistic support to any major illicit drug producing country which has been transferred excess defense articles. Allocates funds appropriated for such support.
Designates the Department of Defense as lead agency for the detection and monitoring of aerial and maritime transit of illegal drugs into the United States in support of civilian law enforcement agencies with responsibility for enforcing the drug laws of the United States.
Title VI: Sanctions for Failure to Land or to Bring To - Makes it unlawful for the pilot, operator, or other person in charge of an aircraft subject to U.S. jurisdiction to refuse to obey the order of an authorized Federal law enforcement officer to land in cases involving enforcement of controlled substances or money laundering laws. Sets forth analogous provisions with respect to vessels. Establishes penalties for violation of such provisions. Specifies that any vessel or aircraft used in such a violation may be seized and forfeited.
Amends the Federal Aviation Act of 1958 to require: (1) revocation of the registration certificate of an aircraft that refuses to land when ordered to do so by a law enforcement officer; and (2) the Administrator of the Federal Aviation Administration to establish procedures for the owner of the aircraft to show cause why the registration should not be revoked or why it would be in the public interest to issue a new certificate of registration to be effective concurrently with the revocation which occurred by operation of law.
Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft over the high seas and waters over which the United States has jurisdiction. Specifies the method by which orders to land an aircraft must be communicated.
Establishes a civil penalty for failure to comply with a lawful boarding or order to land.
Amends the Tariff Act of 1930 to: (1) authorize U.S. Customs officers to exercise their enforcement authority outside of the United States, including any location in which Customs officers are permitted to conduct inspections, examinations, or searches; and (2) provide civil penalties for failure of an aircraft to comply with Customs officer orders to land or bring to and Tariff Act provisions regarding the boarding of vessels.
Title VII: Protection of Witnesses, Jurors, and Court Officers - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants.
Title VIII: Narcotics-Related Public Corruption - Specifies that any: (1) public official who corruptly demands, seeks, or accepts anything of value in return for being influenced in the performance or non-performance of an official act or influenced to commit or aid in committing any Federal or State offense shall be guilty of a class B felony; and (2) person who corruptly gives, offers, or promises anything of value to a public official (or offers to give anything of value to any other person) with intent to influence any official act or to influence such public official to commit a Federal or State offense or to do or omit any act in violation of such official's lawful duty shall be guilty of a class B felony.
Authorizes funding for undercover operations by the Department of the Treasury.
Title IX: Asset Forfeiture and Money Laundering - Subtitle A: Special Forfeiture Fund - Sets forth provisions with respect to the transfer of appropriations from the Department of Justice Assets Forfeiture Fund to the Special Forfeiture Fund. Authorizes such transfers on a quarterly basis (currently, at the end of each fiscal year).
Subtitle B: Forfeiture Amendments - Provides that substitute assets will be forfeited by an intermediary who does not retain the laundered property if that person participates in three or more transactions involving $100,000 or more in a 12-month period.
Amends the Anti-Smuggling Act of 1935 to subject trucks and private automobiles to seizure if there is a concealed compartment, whether or not there is contraband or narcotics residue.
Subtitle C: Money Laundering Amendments - Amends the Anti-Drug Abuse Act of 1988 to continue the $10,000 cash transaction reporting requirement for another two years.
Amends the Right to Financial Privacy Act of 1978 (RFPA) to authorize the transfer of certain financial records to another agency if the transferring agency has reason to believe that the records are relevant to a matter within the jurisdiction of, or appropriate for analysis by, the receiving agency for law enforcement purposes.
Prohibits the disclosure of the existence or terms of a geographic targeting order.
Makes the RFPA inapplicable to a financial institution providing information that it has reason to believe may be relevant to a Bank Secrecy Act violation.
Exempts from liability a financial institution that: (1) ceases to do business with a customer because of suspicious transactions; and (2) discloses in good faith information and records relating to a customer violation of the Bank Secrecy Act.
Authorizes the warrantless search of outgoing mail at U.S. borders by the U.S. Customs Service when a customs officer has reasonable cause to suspect that there are monetary instruments being transported in such a letter.
Title X: Miscellaneous - Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution.
Authorizes the disclosure of cable television subscriber information to a Federal grand jury.
Adds certain predicate offenses relating to financial institutions to the Federal money laundering statute.
Amends the Anti-Drug Abuse Act of 1988 to permit an arrest warrant to be issued for a foreign fugitive about to enter the United States.
Title XI: Drug Paraphernalia - Amends the Anti-Drug Abuse Act of 1986 to provide that criminal forfeiture of drug paraphernalia will be accomplished in accordance with procedures applicable to other criminal forfeiture provisions of the CSA.
Authorizes the Attorney General to bring a civil action and to seek injunctive relief and authorizes the court to assess a civil penalty of up to $100,000 for violations of the paraphernalia statute.
Provides for civil forfeiture of drug paraphernalia, other property involved, and property traceable to property involved in a violation of criminal forfeiture provisions.
Title XII: High Priority Research Areas - Subtitle A: General Provisions - Expresses the sense of the Congress that the Medications Development Division (NIDA) shall devote special attention and resources to achieving the development of a methadone alternative, a long-acting narcotic antagonist, a cocaine blocking treatment, a cocaine blocker/narcotic antagonist treatment, medications to treat addictions to methamphetamine, and medications to treat pregnant addicts and their fetuses.
Requires: (1) the Director of the Division to establish a panel of independent experts in the field of pharmacotherapeutic treatment of drug addiction to assess the national strategy for developing such treatments and make appropriate recommendations; and (2) the Surgeon General of the United States to submit to the appropriate congressional committees a report setting forth recommendations of such panel and assessing the progress of the Nation toward development of safe, efficacious pharmacological treatments for drug addiction.
Subtitle B: Counter-Narcotics Technology Assessment Center - Counter-Narcotics Technology Act of 1990 - Amends the Anti-Drug Abuse Act of 1988 to establish within the Office of National Drug Control Policy (ONDCP) the Counter-Narcotics Technology Assessment Center, to operate under the general authority of the Deputy Director for Supply, ONDCP, to serve as the central counter-narcotics enforcement research and development organization of the U.S. Government. Requires that there be at the head of the Center the Chief Scientist of Counter-Narcotics Technology.
Requires, beginning with the FY 1992 budget, that the Director of National Drug Control Policy submit a separate appropriations request for expenses relating to all Federal agencies for counter-narcotics enforcement research and development programs. Establishes a national counter-narcotics technology account. Requires such appropriations to be made to the account for the Director to make reimbursements to the involved agencies.
Subtitle C: National Drug Abuse Epidemiology - Amends the PHSA to require the Secretary of Health and Human Services to establish a National Drug Intelligence Epidemiology System to: (1) conduct research and provide documentation on the leading drug abuse indicators, such as drug-related emergency room visits, deaths, and drug treatment admissions; (2) publish data concerning such indicators on a quarterly basis; and (3) distribute publications concerning such information to medical professionals, police agencies, and others involved in anti-drug efforts. Authorizes appropriations.
Requires the Secretary to establish a National Drug Abuse Report Card to: (1) collect research on such indicators; (2) characterize the statistics compiled by age, ethnic, and gender groups, by regional variations, and by at-risk groups; (3) include estimates of drug use among previously under-surveyed groups; and (4) publish and distribute reports on a quarterly basis. Authorizes appropriations.
Subtitle D: Miscellaneous Provision - Requires: (1) the Director of the U.S. Border Patrol to make certain sums available to accelerate the development of new technologies for land-based drug interdiction systems to be deployed along the U.S.-Mexican border to monitor narcotics trafficking activity, and to have such technology available for deployment by June 1, 1992; and (2) the Attorney General to ensure that the development of such technology is included in any comprehensive plan for utilizing existing research and development facilities of specified Federal agencies to carry out their anti-drug missions.
Title XIII: Coordination - Expresses the sense of the Congress that the President should accord the Director of the National Drug Control Policy full cabinet status. Changes the position of Associate Director of National Drug Control Policy to Deputy Director of National Drug Control Policy.
Title XIV: Congressional Policy Regarding Additional Funding for Fiscal Year 1991 for Antidrug Abuse Programs - Expresses the intent of the Congress that: (1) new budget authority and outlays required to carry out the programs contained in this Act shall be accommodated in the concurrent resolution on the budget for FY 1991; (2) to the maximum extent possible, amounts authorized to be appropriated for such programs shall be provided in regular or continuing appropriations bills for FY 1991; and (3) the President shall direct the Office of Management and Budget to include sufficient levels of appropriations in the FY 1992 and 1993 budget of the United States to fully annualize the entire cost of such programs and personnel levels authorized in this Act and provided for in regular, continuing, and supplemental appropriations Acts for FY 1991.
Title XV: Appropriations - Provides for a reduction in amounts available for Government travel to cover the cost of any additional outlays resulting from this Act, with exceptions.