Text: H.R.5645 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (06/30/2010)


111th CONGRESS
2d Session
H. R. 5645

To require the Director of National Drug Control Policy to develop a Federal Lands Counterdrug Strategy and to provide for enhanced penalties for certain drug offenses on Federal lands.


IN THE HOUSE OF REPRESENTATIVES
June 30, 2010

Mr. Nunes (for himself, Mr. McCarthy of California, Mr. Herger, Mr. Bishop of Utah, Mr. Chaffetz, Mr. Rogers of Kentucky, Mr. Burton of Indiana, Mr. Lewis of California, Mr. Mica, Mr. Duncan, Mr. Hunter, and Mr. Rehberg) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Natural Resources, Agriculture, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To require the Director of National Drug Control Policy to develop a Federal Lands Counterdrug Strategy and to provide for enhanced penalties for certain drug offenses on Federal lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Federal Lands Counterdrug Strategy and Enforcement Enhancement Act”.

SEC. 2. Federal Lands Counterdrug Strategy.

(a) In general.—Not later than 120 days after the date of enactment of this Act, and every 2 years thereafter, the Director of National Drug Control Policy shall submit to the Congress a Federal Lands Counterdrug Strategy.

(b) Purposes.—The Federal Lands Counterdrug Strategy shall—

(1) set forth the Government's strategy for preventing the illegal production, cultivation, manufacture, and trafficking of controlled substances on covered lands;

(2) state the specific roles and responsibilities of the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, and the Bureau of Land Management, for implementing that strategy; and

(3) identify the specific resources required to enable the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, and the Bureau of Land Management, to implement that strategy.

(c) Specific content related to marijuana eradication.—The Federal Lands Counterdrug Strategy shall include—

(1) a strategy to reduce the cultivation and trafficking of marijuana on covered lands; and

(2) an examination of how technology available when the Federal Lands Counterdrug Strategy is being prepared, including herbicides, can be used to reduce the cultivation and trafficking of marijuana on covered lands.

(d) Specific content related to the effect of land-Management laws on the enforcement of drug laws.—The Federal Lands Counterdrug Strategy shall include an analysis of the effect of Federal laws related to the management of covered lands on the enforcement of the Controlled Substances Act (21 U.S.C. 801 et seq.) and on such other Federal laws related to the importation, manufacture, distribution, possession, or use of controlled substances as the Director considers appropriate. The analysis shall include an assessment of—

(1) whether such land-management laws hinder enforcement on covered lands of such laws related to controlled substances;

(2) whether any hindrance of enforcement described in paragraph (1) results from restrictions under such land-management laws that—

(A) limit the use of tools or strategies, including motor vehicles, used by law enforcement personnel to enforce such laws related to controlled substances in areas that are not on covered lands; or

(B) result in a lack of access to areas on covered lands that creates havens for the importation, manufacture, distribution, possession, or use of controlled substances; and

(3) whether any additional authorities, including exceptions from or waiver authority with respect to such land-management laws, are needed to prevent the importation, manufacture, distribution, possession, or use of controlled substances on covered lands and to secure such lands from related criminal activity.

(e) Consultation with other agencies.—The Director shall issue the Federal Lands Counterdrug Strategy in consultation with the heads of the relevant agencies, including the National Drug Control Program agencies, the Forest Service, the National Park Service, the Bureau of Land Management, and any relevant State, local, and tribal law enforcement agencies.

(f) Limitation.—The Federal Lands Counterdrug Strategy shall not change existing agency authorities or the laws governing interagency relationships, but may include recommendations about changes to such authorities or laws.

(g) Report to Congress.—The Director shall provide a copy of the Federal Lands Counterdrug Strategy to the appropriate congressional committees (as defined in section 702(12) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(12))).

(h) Treatment of classified or law enforcement sensitive information.—Any content of the Federal Lands Counterdrug Strategy that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director or the head of any relevant National Drug Control Program agency, would be detrimental to the law enforcement or national security activities of any Federal, State, local, or tribal agency, shall be presented to Congress separately from the rest of the strategy.

(i) Definitions.—In this section:

(1) CONTROLLED SUBSTANCE.—The term “controlled substance” has the meaning given such term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).

(2) COVERED LANDS.—The term “covered lands” means units of the National Park System, National Forest System lands, and public lands (as such term is defined in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e))).

(3) NATIONAL DRUG CONTROL PROGRAM AGENCY.—The term “National Drug Control Program agency” has the meaning given such term in section 702(7) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(7)).

SEC. 3. Enhanced penalties for certain drug offenses on Federal lands.

(a) Cultivating or manufacturing controlled substances on Federal property.—Section 401(b)(5) of the Controlled Substances Act (21 U.S.C. 841(b)(5)) is amended by striking “imprisoned as provided in” and all that follows through the end of the paragraph and inserting “fined not more than $500,000 if the defendant is an individual or $1,000,000 in any other case, or imprisoned not more than 10 years, or both. Imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.”.

(b) Use of hazardous substances on Federal land.—Section 401(b)(6) of such Act (21 U.S.C. 841(b)(6)) is amended—

(1) by striking “five” and inserting “10”; and

(2) by adding at the end the following: “A sentence of imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.”.

(c) Unauthorized stream diversion or unauthorized vegetation removal on Federal land.—Section 401(b) of such Act (21 U.S.C. 841(b)) is amended by adding at the end the following:

“(8) Whoever violates subsection (a) by manufacturing or cultivating a controlled substance on Federal land, and to facilitate or in the course of such violation knowingly—

“(A) without authorization, diverts an aquifer, spring, stream, river, or body of water; or

“(B) without authorization, removes vegetation on Federal land;

shall be fined under title 18, United States Code, or imprisoned not more than 10 years, or both. Imprisonment imposed under this paragraph shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.”.

(d) Boobytraps on Federal property.—Section 401(d) of such Act (21 U.S.C. 841(d)) is amended by adding at the end the following:

“(4) Imprisonment imposed under this subsection shall run consecutively to any imprisonment imposed for the offense under any other provision of this title or title III.”.

(e) Use or possession of firearms in connection with drug offenses on Federal lands.—Section 924(c) of title 18, United States Code, is amended by adding at the end the following:

“(6) In imposing a sentence under this subsection, the court shall consider it as an aggravating factor warranting a longer sentence of imprisonment if the offense was a violation of the Controlled Substances Act or the Controlled Substances Import and Export Act and took place on Federal lands.”.