S.2650 - National Drug Control Strategy Act of 1990101st Congress (1989-1990)
|Sponsor:||Sen. Biden, Joseph R., Jr. [D-DE] (Introduced 05/17/1990)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 05/17/1990 Read twice and referred to the Committee on Judiciary. (All Actions)|
This bill has the status Introduced
Here are the steps for Status of Legislation:
Summary: S.2650 — 101st Congress (1989-1990)All Information (Except Text)
Introduced in Senate (05/17/1990)
National Drug Control Strategy Act of 1990 - Title I: Law Enforcement - Subtitle A: State and Local Law Enforcement Assistance - Amends the Omnibus Crime Control and Safe Streets Act (Omnibus Act) to authorize appropriations for the Drug Control and System Improvement Grant Program and for improving the effectiveness of the court process by expanding prosecutorial, defender, and judicial resources and implementing court delay reduction programs.
Department of Justice Community Substance Abuse Prevention Act of 1990 - Amends the Omnibus Act to require the Attorney General to make grants to eligible community coalitions to implement comprehensive long-term strategies for substance abuse prevention, assess existing programs, identify and solicit funding sources, develop priorities, and coordinate substance abuse services and activities. Requires coalitions to encourage voluntary participation and community involvement and submit annual reports to the Attorney General.
Limits each grant to $250,000. Authorizes appropriations.
Subtitle B: Drug Days - Requires the Attorney General to direct the U.S. attorneys to establish a program with State and local prosecutors: (1) whereby cases involving persons arrested on a designated day each month for felony drug offenses are presented to a Federal grand jury and, if indicted, are prosecuted in Federal court; and (2) aimed at using Federal law to seize and forfeit the automobiles of persons who use such vehicles in the commission of drug-related offenses.
Subtitle C: Federal Law Enforcement - Authorizes appropriations for the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), U.S. Courts, U.S. Attorneys, defender services, U.S. Marshals, the Bureau of Alcohol, Tobacco and Firearms, and the Internal Revenue Service.
Directs the President to appoint 20 additional district judges to be allocated based on the recommendations of the Judicial Conference of the United States to areas with heavy drug-related caseloads.
Subtitle D: 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 Omnibus Crime Control and Safe Streets Act of 1968 to set aside specified sums for rural areas.
Directs the Attorney General to assign not fewer than ten special agents to each State and at least four additional agents to each rural State that currently has fewer than ten.
Directs the Secretary of the Treasury to develop a drug interdiction training program for law enforcement officers in rural areas.
Subtitle E: Mandatory Detention - Mandatory Detention for Offenders Convicted of Serious Crimes Act - Amends the Bail Reform Act to require the detention, pending sentence or appeal, of any person found guilty of a crime of violence, an offense for which the maximum sentence is life imprisonment or death, or drug offenses for which a maximum term of imprisonment of ten years or more is prescribed, unless there is a substantial likelihood of acquittal or a new trial, or the Government is not recommending imprisonment and the person is not likely to flee or pose a danger to the community.
Makes exceptions to mandatory detention upon appeal of the Government in exceptional cases.
Subtitle F: Forfeiture - Amends the Federal judicial code to authorize the use of appropriations from the Department of Justice Assets Forfeiture Fund for: (1) the purchase of firearms, ammunition, and personal safety equipment for investigative and enforcement personnel of the DEA, FBI, U.S. Marshals Service, and Immigration and Naturalization Service (INS); (2) certain services related to the storage, protection , and destruction of listed chemicals (current law only covers controlled substances); and (3) the payment of awards for certain information or assistance with respect to money laundering.
Authorizes the Attorney General to warrant clear title to subsequent purchasers or transferees of forfeited property.
Amends the Tariff Act of 1930 to increase from $100,000 to $500,000 the threshold value of seized vessels or merchandise to trigger provisions with respect to notice of seizure and disposition of the property, and to include seized monetary instruments within the scope of such provisions.
Provides for civil forfeiture of proceeds which represent the instrumentalities of a foreign drug offense. Prohibits forfeiture to the extent of an interest of an owner by reason of any fact (or omission) established by that owner to have been committed (or omitted) without the knowledge, consent, or willful blindness of the owner.
Amends the Federal criminal code and the Controlled Substances Act (CSA) to provide for: (1) penalties and/or forfeiture of certain interests in property for racketeering activity for which the maximum penalty includes life imprisonment, irrespective of any bankruptcy proceeding instituted after or in contemplation of a prosecution; and (2) nonabatement of criminal forfeiture when a defendant or petitioner dies pending appeal.
Amends the CSA to provide for: (1) the forfeiture of a weapon, computer, or electronic communications device used to facilitate a drug offense; (2) the forfeiture of proceeds traceable to conveyances used to facilitate such offense; and (3) the forfeiture and destruction of dangerous, toxic, and hazardous materials.
Eliminates the restriction on disposal of judicially forfeited property by the Department of the Treasury and the Postal Service.
Provides for the forfeitability of certain property with respect to illegal gambling, irrespective of State law or any bankruptcy proceeding instituted after or in contemplation of a prosecution under this Act.
Amends the Tariff Act of 1930 to authorize the use of moneys from the Customs Forfeiture Fund for certain State overtime, travel, and other costs incurred in assisting (under current law, in joint operations with) the U.S. Customs Service in law enforcement activities.
Subtitle G: Public Corruption - Anti-Corruption Act of 1990 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State, or political subdivision, or Indian tribal government of: (1) the honest services of a government official or employee; or (2) a fair and impartially conducted election process through the use of fraudulent ballots or voter registration forms, paying or offering to pay any person for voting, or the filing of fraudulent campaign reports, subject to certain conditions.
Prescribes criminal penalties to be imposed against anyone who deprives or defrauds the inhabitants of the United States of the honest services of a public official.
Prescribes criminal penalties to be imposed upon any official who: (1) uses interstate commerce to deprive or defraud the inhabitants of any State, political subdivision, or the Indian tribal government of the right to have government affairs conducted on the basis of complete, true, and accurate information; or (2) in order to carry out or conceal any scheme or artifice to defraud, discriminate, harass, or take adverse action against any employee or official of the United States or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice.
Amends mail fraud provisions to prohibit use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud.
Makes it a class B felony for a public official to corruptly demand or accept anything of value, personally or for another, in return for: (1) being influenced in the performance or nonperformance of any official act; or (2) being influenced to commit, collude in, or allow the commission of any offense against the United States or any State.
Makes it a class B felony for a public official to corruptly give, offer, or promise anything of value, to an official or to another, with intent to: (1) influence any official act; (2) influence such official to commit, collude in, or allow the commission of any offense against the United States or a State; or (3) influence such official to do or omit any act in violation of such official's lawful duty.
Grants Federal jurisdiction over an offense under this Act (with respect to narcotics-related corruption) which involves or is intended to further or conceal the illegal importation, manufacture, transportation, or distribution of any controlled substance or controlled substance analogue.
Subtitle H: Juvenile Justice Anti-Gang Program - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to State and local governments to develop more effective programs to reduce the use and sale of illegal drugs by juveniles. Requires the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations for FY 1990 through 1992.
Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status.
Waives confidentiality in certain juvenile proceedings.
Subtitle I: Federal Prisoner Drug Testing - Federal Prisoner Drug Testing Act of 1990 - Amends the Federal criminal code to require, as a condition of probation, supervised release, or parole, that the defendant pass a drug test prior to the imposition of sentence, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the court) for use of a controlled substance.
Specifies that no action may be taken against a defendant pursuant to such a drug test unless the test confirmation is a urine drug test confirmed using gas chromatography/mass spectometry techniques or one determined to be of equivalent accuracy.
Subtitle J: Boot Camps - Directs the Attorney General to establish within the Bureau of Prisons ten military-style boot camp prisons. Amends the Federal criminal code to provide such prisons as a sentencing alternative to conventional prisons for Federal prisoners: (1) who are under 25 years of age; (2) who have no prior conviction for which they have served more than ten days' incarceration; (3) who have been convicted of offenses involving controlled substances or any other offenses if such defendants at, or subsequent to, the time of arrest tested positive for a controlled substance in their blood or urine; and (4) where the sentencing court finds the defendants' total offense levels under the Federal sentencing guidelines at level nine or less. Sets forth similar requirements with respect to State prisoners.
Subtitle K: Regional Prisons - Authorizes appropriations for FY 1991 for the construction and operation of ten regional prisons 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 L: 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 Controlled Substances Act 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.
Directs the Administrator to make grants to: (1) national organizations to develop model technical programs to improve the judicial system's handling of such cases; and (2) State courts or judicial administrators for programs that provide for training and technical assistance to judicial personnel and attorneys in juvenile and family courts and for administrative reform in such courts. Directs that the grant criteria give priority to programs which improve procedures for preventing placement of children in foster care, make reasonable efforts to reunite the family, and coordinate information and services.
Authorizes appropriations. Requires that at least 80 percent of such funds be used for juvenile and family court and State judicial programs.
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 courts 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 record; 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 where a child was a victim of, 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 of 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, 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 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 demonstrative device to assist in testifying.
Requires a person who, while engaged on Federal land or in a federally operated or contracted facility in one of specified professional capacities or activities including health care provider, social worker, teacher, child care worker, law enforcement officer, foster parent, and commercial film processor or in a federally operated or constructed facility, learns of facts that give reason to suspect an incident of child 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 M: Steroid Trafficking Act of 1990 - Steroid Trafficking Act of 1990 - Chapter 1: Anabolic Steroids - Amends the Controlled Substances Act to add anabolic steroids to Schedule II. Excludes from Schedule II anabolic steroids those expressly intended for administration through implants to cattle or nonhuman species and approved for such administration, with exceptions.
Authorizes the refill without restriction of any prescription for anabolic steroids subject to refill on or after the date of the enactment of this Act.
Requires the Attorney General to exempt any compound, mixture, or preparation containing an anabolic steroid from application of all or part of such Act if, because of its concentration, preparation, mixture, or delivery system, it has no significant potential for abuse.
Authorizes the Attorney General to exempt an anabolic steroid from any production regulations if it is approved by the Food and Drug Administration as an accepted treatment for a rare disease or condition under the Federal Food, Drug, and Cosmetic Act and it does not have a significant potential for abuse.
Chapter 2: Human Growth Hormone - Amends the Federal Food, Drug, and Cosmetic Act to increase the criminal fine and imprisonment and penalties for knowing distribution of, or possession with intent to distribute, human growth hormone for any use in humans other than treatment of a recognized disease or other medical condition (currently, a recognized disease) pursuant to the order of a physician. Increases the penalties if the offense involves (currently, if the distribution or intended distribution is to) an individual under the age of 18 years. Declares a violation a felony violation of the Controlled Substances Act for purposes of forfeiture.
Authorizes the Drug Enforcement Administration to investigate such offenses.
Repeals provisions of the Anti-Drug Abuse Act of 1988 relating to forfeiture and illegal trafficking in steroids or a human growth hormone.
Title II: Treatment - Subtitle A: Alcohol, Drug Abuse, and Mental Health Services Block Grant - Amends the Public Health Service Act to reauthorize appropriations for the Alcohol and Drug Abuse and Mental Health Services Block Grant Program. Revises the grant allotment formula.
Permits Federal funds allotted to the States for alcohol, drug abuse, and mental health treatment to be used to pay for inpatient hospital drug treatment services pursuant to a contractual arrangement with a hospital if: (1) needed residential treatment services could not otherwise be provided; and (2) the rates paid for such services do not exceed 125 percent of the cost of rates typically required for comparable residential services. Authorizes the Secretary to waive or reduce certain matching requirements where the State requests a waiver and the Secretary determines that failure to grant such request would result in a reduction in the resources that would otherwise be used to provide direct treatment services and that such resources are essential to implementation of the State drug abuse plan. Authorizes the use of State allotments to provide counseling to family members of drug abusers and to develop, implement, and operate programs of treatment for adult and juvenile substance abusers in State and local criminal and juvenile justice systems.
Directs the Secretary of Health and Human Services to waive provisions requiring a State to use a specified percent of grant funds for intravenous drug abuse treatment programs where a State has submitted an application for such a waiver prior to September 30, 1991.
Subtitle B: Programs Targeting Females - Revises requirements and other matters relating to an existing program regarding drug and alcohol abuse model projects for pregnant and postpartum women and their infants. Authorizes appropriations.
Subtitle C: Treatment Improvement - Chapter 1: General Treatment Provisions - Establishes in the Alcohol, Drug Abuse, and Mental Health Administration (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.
Requires States as a condition for receiving the drug abuse portion of its ADAMHA block grant, to develop and submit to the Secretary annually for review and approval a statewide Substance Abuse Treatment Plan. Requires the Director of the Treatment Office to establish a model State treatment plan. Directs the Secretary to issue guidelines for plans.
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 Public Health Service Act 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.
Transfers authority from the Administrator of ADAMHA to the Director of NIDA to make grants for drug abuse demonstration projects of national significance.
Chapter 2: Drug Treatment in Prison - 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 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.
Amends the Federal criminal code to authorize a sentencing court to allow drug dependent offenders meeting specified requirements (such as having served at least three-fourths of their time, not having been convicted of homicide, kidnapping, assault with a deadly weapon, espionage, or aggravated sexual abuse, not having been sentenced to life imprisonment, and having successfully completed an approved substance abuse treatment program while incarcerated) to be released early under supervision, subject to specified conditions (such as submission to periodic drug testing, regular attendance at meetings of Narcotics Anonymous, Alcoholics Anonymous, or Cocaine Anonymous, and participation in an outpatient substance abuse counseling program).
Subtitle D: Substance Abuse Treatment Services Under Medicaid - Amends the Social Security Act to include coverage under a State Medicaid plan, at the option of the State, for medical assistance, substance abuse treatment services, and related case management services for eligible individuals who desire to rid themselves of their substance abuse problems.
Title III: Education and Prevention - Subtitle A: Comprehensive Drug Education - Reauthorizes appropriations under the Drug Free Schools and Communities Act of 1986. Amends such Act to require the Secretary 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 the Secretary of Education to: (1) design and distribute anti-drug lesson plans; and (2) 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.
Subtitle B: Prevention - Directs the Secretary of Health and Human Services to establish: (1) a comprehensive approach drug prevention grant 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 the Secretary of Health and Human Services 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.
Exempts from the antitrust laws any joint discussion, consideration, review, action, or agreement by or among persons in the television industry for developing and disseminating voluntary guidelines designed to alleviate any negative impact of illegal drug use in telecast material, provided the joint action does not result in a boycott of any person. Applies such exemption to only those joint activities engaged in within 36 months after enactment of this Act.
Defines "person in the television industry" to include any entity which produces programming for television distribution.
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. Authorizes appropriations.
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 IV: International - Subtitle A: Assistance for Bolivia, Colombia, and Peru - Authorizes appropriations to carry out provisions of the Foreign Assistance Act of 1961 relating to development assistance and economic support fund assistance for Bolivia, Colombia, and Peru.
Subtitle B: Economic Assistance - Authorizes appropriations for development assistance and economic support fund assistance for countries which are major illicit drug producing countries by virtue of their coca production. Expresses the sense of the Congress that a majority of such assistance should be allocated for development assistance, particularly for alternative development programs aimed at reducing cocaine production in the Andean region of South America.
Waives the Brooke-Alexander Amendment to the Foreign Assistance Act of 1961 (barring assistance to countries in default for over six months on principal or interest payments on U.S. loans) for FY 1991 with respect to assistance to such countries. Waives the Bumpers Amendment to the Foreign Operations, Export Financing, and Related Programs Appropriations Act (prohibits assistance 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.
Expresses the sense of the Congress that the Secretary of the Treasury shall instruct the U.S. executive directors of the International Bank for Reconstruction and Development, International Development Association, and Inter-American Development Bank to promote development projects in the Andean region consistent with U.S. anti-narcotics objectives.
Subtitle C: Trade Incentives - Authorizes the President to designate Bolivia, Colombia, and Peru as beneficiary countries under the Caribbean Basin Economic Recovery Act.
Provides for special trade treatment for such countries if they reduce coca production or related illicit activities through programs and projects implemented on a local level that provide income and employment alternatives to the production of illicit coca or to engaging in illicit coca-related activities.
Expresses the sense of the Congress that President Bush should seek the immediate reinstatement of the International Coffee Agreement, pending negotiations on a new, comprehensive agreement.
Directs the Secretary of Agriculture to provide, on an expedited basis, such technical assistance as necessary to develop U.S. phytosanitary standards for imports of fruits and vegetables from Bolivia, Colombia, and Peru. Authorizes appropriations.
Amends the Tariff Act of 1930 to grant the President the authority to reverse an affirmative determination under antidumping duty provisions if he determines such action to be in the national interest.
Subtitle D: Debt-for-Drugs Exchange Act - Debt-for-Drugs Exchange Act - Declares that the U.S. representatives to the United Nations should propose the establishment within the United Nations Fund for Drug Abuse Control (UNFDAC) of debt-for-drugs exchanges whereby UNFDAC would enter into agreements with eligible countries that would agree to combat the international drug trade in exchange for: (1) the cancellation of up to 20 percent of their foreign commercial indebtedness, to be purchased by UNFDAC on the commercial secondary market; and (2) the commitment to cancel a specified amount of government-to-government indebtedness held by such countries' creditor governments. Authorizes the Secretary of State to commit the United States to contribute to UNFDAC one-third of the amount required to purchase such indebtedness. Authorizes appropriations.
Subjects such agreements to specified terms and conditions. Provides that such agreements shall include provisions to reinstate debt obligations and release parties from agreement commitments if, after one year, the terms of the agreement have not been fulfilled. States that the agreement and exchange will only take effect after two-thirds of the participating creditor governments making contributions to UNFDAC have approved the agreement. Declares that an advisory role should be provided for representation from major multilateral development institutions to ensure that such exchanges would be in keeping with other debt reduction and economic reform measures.
Provides for specified debt obligation reduction for countries participating in a debt-for-drugs agreement.
Directs the Secretary of the Treasury to instruct the U.S. executive directors of the International Bank for Reconstruction and Development, the International Development Association, and the Inter-American Development Bank to: (1) provide advice and assistance to borrowing and lending country governments desiring to execute debt-for-drugs exchanges; and (2) consider, in making loans and negotiating payment schedules for borrowing governments of drug-producing countries, the history of compliance by such governments with, and the extent to which such governments have honored, agreements entered into for such exchanges.
Declares that the President, the Secretary of the Treasury, and the Director for National Drug Control Policy should: (1) organize a consultative group of creditor governments in an appropriate forum in which such governments could make contributions and commitments to facilitate debt-for-drugs exchanges; and (2) encourage other creditor governments to participate in such group and support such exchanges.
Subtitle E: Military and Law Enforcement - Authorizes appropriations under the Arms Export Control Act and the Foreign Assistance Act of 1961 to provide military and law enforcement assistance and training for anti-drug production and trafficking activities. Conditions such assistance on: (1) recipient countries maintaining a democratic government; and (2) the armed forces and law enforcement agencies of such countries not engaging in a consistent pattern of gross violations of human rights. Sets forth provisions with respect to congressional notifications, reports on human rights, and coordination with the international narcotics control assistance program.
Urges the President to seek the establishment of a multilateral anti-narcotic force within the Organization of American States, the United Nations, and other international fora. Requires the President, if diplomatic efforts toward achieving such a force are successful, to submit a request to the Congress covering the U.S. share of the cost of its operation and maintenance.
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 Western Hemisphere nations where appropriate.
Directs the Administrator of the Drug Enforcement Administration (DEA) to prepare and submit to specified congressional committees a plan to establish a Foreign Service Corps in DEA for personnel serving in foreign countries that addresses: (1) the need for specialized training and expertise in international drug enforcement; (2) pay, promotion, and retention incentives; and (3) management of the Corps.
Subtitle F: Controlling Precursor and Essential Chemicals - Directs the Attorney General to enter into negotiations with law enforcement and judicial agencies and other officials of any foreign country with jurisdiction over companies who manufacture, market, sell, or purchase certain precursor or essential chemicals used in the production of illicit narcotics, giving priority to countries having jurisdiction over companies that may be supplying chemicals for the illicit manufacture of controlled substances.
Specifies as purposes of such negotiations: (1) establishment of a list of precursor and essential chemicals contributing to the illicit manufacture of controlled substances; (2) reaching international agreement on a method of maintaining records of transactions of listed chemicals; (3) establishment of a procedure by which such records may be made available to U.S. law enforcement authorities; and (4) encouraging chemical source countries to enact national chemical control legislation which would impose specific recordkeeping and reporting requirements for domestic transactions involving listed chemicals, establish a system of permits or declarations for imports and exports of such chemicals, and authorize government officials to seize or suspend shipments of listed chemicals based on evidence that they may be destined for the illicit manufacture of controlled substances.
Requires the Attorney General to report on progress in such negotiations to specified congressional committees.
Directs the President to impose sanctions against any company or entity refusing to maintain records or make records available to U.S. law enforcement authorities.
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 manufacturing of illegal drugs but that would not affect the legitimate commercial use of such chemicals. Authorizes appropriations.
Directs the Administrator of the DEA to hire at least 100 additional special agents and investigators to expand domestic and international investigations of violations of the Chemicals Diversion and Trafficking Act of 1988.
Subtitle G: International Currency Control Agency - Directs the U.S. representative to the Financial Action Task Force of the Group of Seven nations to begin negotiations to establish an International Currency Control Agency which would: (1) serve as a central source of information and intelligence for international law enforcement agencies; (2) establish uniform currency transaction reporting requirements for international financial institutions; and (3) collect and analyze currency transaction reports filed by participating countries for law enforcement purposes.
Subtitle H: Narcotics-Related Terrorism - Requires the Secretary of State to assign personnel from the Bureau of Alcohol, Tobacco and Firearms and the Federal Aviation Administration (FAA) to U.S. embassies in major drug-producing and transit countries to strengthen U.S. assault weapons control and aviation security programs.
Authorizes appropriations: (1) to provide at least five additional intelligence analysts and support personnel to the FAA's aviation security program for liaison with U.S. drug enforcement agencies and the U.S. intelligence community to prevent narcotics-related terrorism against aviation; and (2) for the protection of judges, law enforcement officers, and other public officials in eligible countries against acts of violence.
Title V: Interdiction - Subtitle A: Strengthening Border Interdiction Efforts - Authorizes appropriations for: (1) the U.S. Customs Service for the hiring, equipping, and training of at least 200 agents and intelligence research specialists and at least 800 inspectors, special agents, and canine enforcement officers; and (2) the Immigration and Naturalization Service (INS) for the hiring, training, and equipping of U.S. Border Patrol officers, criminal investigations and deportation of criminal aliens, and procurement of low-level light television systems, sensor systems, and four-wheel drive vehicles for the Border Patrol.
Subtitle B: Military Support Along United States Border - Authorizes and directs the Secretary of Defense to prescribe regulations authorizing Department of Defense personnel to participate directly in the inspection of cargo and other goods at U.S. ports and along U.S. borders. Specifies that activities shall be conducted in coordination with civilian law enforcement agencies and shall not include the inspection of persons.
Subtitle C: Attacking Drug Trafficking by Criminal Aliens - Directs the U.S. Sentencing Commission to promulgate, or amend existing, sentencing guidelines to provide that a defendant convicted of reentry into the United States following deportation be assigned an offense level under chapter two of such guidelines that constitutes a meaningful deterrence to the commission of such offense.
Amends provisions of the Immigration and Nationality Act regarding aliens convicted of aggravated felonies to: (1) bar reentry of such aliens; (2) require the Attorney General, pending a determination of excludability, to take into custody any such alien upon completion of such alien's sentence for such conviction; and (3) prohibit suspension of deportation for such an alien.
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, the 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.
Title VI: Drug Emergency Areas - Drug Emergency Areas Act of 1990 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area.
Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response.
Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond.
Requires Governors or chief executive officers, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency.
Requires the Director to review requests submitted and forward the application to the President, along with a recommendation.
Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan.
Limits the duration of assistance to a drug disaster area to one year, after the Governors or chief executive officers may apply for an extension of up to 180 days.
Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise.
Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance.
Title VII: Research and New Technologies - Subtitle A: Pharmacological Research - Pharmacotherapy Development Act of 1990 - Chapter 1: Federal Medication Development Program - Amends the Public Health Service Act to establish in NIDA a Medications Development Division to: (1) work with the Commissioner of Food and Drugs to set new guidelines for the safety and efficacy trials of medications to treat drug addiction and to discuss other measures to facilitate the approval process of drug addiction treatments; (2) promote expanded research programs and studies into the development of medications to treat drug addiction; (3) track the activities of the National Institutes of Health relating to the development and use of pharmacotherapeutic treatments for drug addiction; and (4) take other specified measures to improve pharmacotherapeutic treatment of drug addiction.
Establishes requirements of reporting by the Director of the Division. Requires the Director of National Drug Control Policy to incorporate reports submitted under this Act into the National Drug Control Strategy.
Requires the Director of the Division to provide for proper scientific review of all research grants, cooperative agreements, and contracts over which the Director has authority. Authorizes appropriations.
Chapter 2: Private Sector Development of Pharmacotherapeutics - Amends the Federal Food, Drug, and Cosmetic Act to establish procedures for the investigation and designation of drugs for the treatment of addictions to illegal drugs. Authorizes appropriations.
Chapter 3: Medications Review Process Reform - Authorizes the Secretary to permit: (1) an entity submitting an investigational new drug application or protocol for medications to treat drug addiction to provide information required by the Secretary as it becomes available; and (2) parallel track trials to be used for medications to treat drug addiction.
Chapter 4: High Priority Research Areas - Expresses the sense of the Congress that the Division 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.
Chapter 5: Report by the Surgeon General - 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 Public Health Service Act 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.
Title VIII: Coordination - Subtitle A: Officers of the Office of National Drug Control Policy - 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.
Subtitle B: National Drug Intelligence - National Drug Intelligence Act of 1990 - Establishes an executive agency to be known as the National Drug Intelligence Center to: (1) assimilate, collect, and analyze drug enforcement-related data and intelligence of participating agencies; (2) produce comprehensive analyses of foreign and domestic drug trafficking organizations, patterns, and trends; (3) create and maintain a state-of-the-art computer data base for drug-related strategic intelligence; (4) publish quarterly statistics on drug trafficking abuse patterns and indicators for each major drug of abuse in the United States; and (5) disseminate comprehensive drug enforcement-related intelligence to appropriate intelligence and enforcement agencies.
Provides for the establishment of an Advisory Board to be responsible for the management of the Center.