H.R.5410 - International Drug Traffic Enforcement Act99th Congress (1985-1986)
|Sponsor:||Rep. Rostenkowski, Dan [D-IL-8] (Introduced 08/13/1986)|
|Committees:||House - Ways and Means|
|Committee Reports:||H.Rept 99-794|
|Latest Action:||08/15/1986 Placed on Union Calendar No: 478. (All Actions)|
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Summary: H.R.5410 — 99th Congress (1985-1986)All Bill Information (Except Text)
Introduced in House (08/13/1986)
International Drug Traffic Enforcement Act - Title I: Amendments to the Tariff Act of 1930 - Subtitle A: Reference to the Tariff Act of 1930 - Provides that amendments contained in this title refer to the Tariff Act of 1930.
Subtitle B: General Provisions - Amends the Tariff Act of 1930 to prohibit the importation of drug paraphernalia (except that drug paraphernalia imported for medical or scientific purposes) into the United States. Defines "drug paraphernalia."
Requires the master of a vessel to report the arrival of such vessel at a U.S. port or port within the Virgin Islands to the nearest customs facility if the vessel is: (1) from a foreign port or place; (2) a foreign vessel from a domestic port; or (3) a U.S. vessel carrying bonded merchandise or foreign merchandise for which entry has not been made.
Authorizes vehicles to arrive in the United States only at designated border crossing points. Requires the person in charge of such vehicle, immediately upon its arrival at the crossing point, to report the arrival and present the vehicle and all persons and merchandise on board for inspection to the customs officer at that crossing point.
Requires the pilot of any aircraft arriving in the United States or the Virgin Islands from any foreign airport or place to comply with the advance notification, arrival reporting, and landing requirements as prescribed by the Secretary of the Treasury (the Secretary).
Prohibits a vessel or aircraft, after arriving in the United States or the Virgin Islands and prohibits a vehicle after arriving in the United States, from departing from the place of arrival or discharging any passenger or merchandise except in accordance with regulations prescribed by the Secretary.
Imposes penalties for violations of the arrival, reporting, and entry requirements. Increases the fine for unauthorized unloading of passengers.
Requires individuals arriving in the United States other than by vessel, vehicle, or aircraft to: (1) enter only at a border crossing point; and (2) report their arrival and present themselves to the customs facility at that crossing point. Requires individuals arriving in the United States by reported conveyance to remain aboard the conveyance until authorized to depart and report to the customs facility by the appropriate customs officer. Requires individuals arriving in the United States by unreported conveyance to notify customs of their arrival and present their property for customs examination and inspection. Prohibits any person required to report to a customs facility under this paragraph from leaving that facility until authorized by a customs officer. Imposes penalties for violations of such reporting requirements.
Repeals the current penalties for failure to report or file a manifest upon arrival in the United States.
Authorizes the issuance of summonses to produce all relevent records in customs investigations. (Current law limits the types of records that are subject to summons.)
Increases the penalties for filing a false manifest, failing to file a complete manifest, or carrying illegal drugs on board. Repeals the prepenalty procedures in such cases.
Increases the penalties for unlawful unloading and transshipment.
Makes it unlawful for the pilot of any aircraft to transport or for any individual on board any aircraft to possess merchandise knowing or intending that merchandise will be smuggled into the United States.
Prohibits the transfer at sea of prohibited merchandise between a U.S. owned aircraft and a U.S. vessel. Prohibits a transfer at sea between aircraft and vessels, regardless of their nationality, with intent that such merchandise be smuggled into the United States. Imposes penalties, including seizure of the vessel or aircraft, for violations of such anti-smuggling provisions. Sets forth certain acts that, if engaged in within 250 miles of the U.S. territorial seas, shall be: (1) presumed to constitute circumstances indicating intent to smuggle; and (2) deemed prima facie evidence that an aircraft or vessel was used in aiding or facilitating such smuggling.
Changes the procedures for seizure of conveyances used in smuggling. Requires the seizure, forfeiture and sale in accordance with the customs laws of any vessel, vehicle, or aircraft if the person in charge of such conveyance is subject to a penalty for violation of the customs laws. Exempts any conveyance used as a common carrier in the transaction of business as a common carrier from such seizure and forfeiture penalties for customs violations relating to merchandise contained on the person, in passenger baggage or cargo listed accurately on the cargo manifest unless the person in charge of the conveyance participated in, or had knowledge of, the violation or was grossly negligent in preventing or discovering the violation.
Permits a common carrier conveyance to be seized and forfeited if the prohibited merchandise is found to have been: (1) in packages that are not manifested or in packages whose marks do not agree with the manifest; or (2) concealed in or on the conveyance but not in the cargo. Prohibits such seizure and forfeiture if none of the persons in charge of the conveyance nor any other employee responsible for maintaining and insuring the accuracy of the cargo manifest knew or by the exercise of the highest degree of care and diligence could have known that such merchandise was on board.
Authorizes the issuance of search warrants of places suspected of containing: (1) any property which is subject to forfeiture under the customs laws; or (2) any article which is evidence of a customs violation.
Authorizes the seizure and forfeiture of any smuggled merchandise.
Requires that any deposits made in lieu of forfeiture of property seized under customs laws shall be treated in the same manner as the proceeds of sale of a forfeited item. Requires that the expenses of a forfeiture proceeding shall be a priority claim in the same manner as the court costs.
Provides that compensation for informers shall not exceed 25 percent of the net amount recovered. (Current law requires such compensation to equal 25 percent of such amount.) Requires the compensation to be paid out of the net amount recovered before such net amount is deposited in the Treasury or the Customs Forfeiture Fund. Limits to $100,000 the amount to be awarded to any informer who discovers and reports to an appropriate official information concerning a violation or plan to violate any customs law or navigation law.
Declares that an action to recover a pecuniary penalty is considered to have been commenced when the penalty notice is issued.
Authorizes the Secretary to require the production of landing certificates in order to comply with international obligations.
Permits the Secretary to authorize customs officials to exchange information or documents with foreign customs or law enforcement agencies under certain circumstances.
Authorizes the Secretary, when authorized by treaty or executive agreement, to station customs officers in foreign countries in order to examine persons and merchandise before their arrival in the United States. Authorizes the customs officers stationed abroad to exercise such functions and perform such duties as permitted by the treaty, agreement, or law of the host country. Permits the Secretary to require compliance with U.S. customs laws in a foreign country (thereby causing the foreign station to be treated as a port of entry in the United States). Provides that merchandise seized at a foreign station may be transported to the United States for customs proceedings. Authorizes the stationing of foreign customs officers in the United States pursuant to a treaty. Provides certain protections for such foreign customs officials. Imposes penalties for making fraudulent statements to such foreign customs officials.
Grants the Secretary certain investigatory powers in relation to: (1) certain reporting requirements on monetary instruments transactions; or (2) the enforcement of the Bank Secrecy Act.
Authorizes the Commissioner of Customs to establish and conduct commercial entities as commercial covers to support customs investigations. Sets forth provisions governing the nature of such commercial covers, the treatment of funds used to conduct such commercial covers, and the termination of the commercial covers.
Subtitle C: Customs Forfeiture Fund - Extends the authority of the Customs Forfeiture Fund through FY 1991. Authorizes using the Fund to pay: (1) the expenses of investigations related to customs seizures; (2) for equipping for law enforcement functions of any (currently only forfeited) vessel, vehicle, or aircraft available for official use by the Customs Service; and (3) for reimbursing private citizens for the expenses incurred in cooperating with the Customs Service in investigations and undercover law enforcement operations; and (4) publicizing the availability of awards for persons who provide information about customs violations.
Limits the amount authorized to be appropriated from the Fund for each fiscal year to $20,000,000. Requires any amount in the Fund in excess of $20,000,000 at the end of each of FY 1987, 1988, 1989, and 1990 to be deposited in the Treasury. Requires any amount remaining in the Fund at the end of FY 1991 to be deposited in the Treasury. Terminates the Fund at the end of FY 1991.
Title II: Customs Service Authorizations, Miscellaneous Customs Provisions, and Amendments to the Controlled Substances Import and Export Act - Subtitle A: Customs Service Authorizations - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for FY 1987 for the Customs Services for salaries and expenses and for the air interdiction program. Prohibits any of the funds appropriated under such authorization from being used to close any port of entry at which, druing FY 1986: (1) not less than 2,500 merchandise entries were made; and (2) not less than $1,500,000 in customs revenues were assessed.
Subtitle B: Miscellaneous Customs Amendments - Imposes certain reporting requirements on vessels (hovering vessels) that have received merchandise while in the customs waters beyond the territorial sea or while on the high seas.
Requires all recreational vessels to comply with customs requirements for reporting arrival. Makes all passengers on such vessels subject to applicable customs regulations.
Authorizes customs officers who need assistance in making a lawful arrest, search, or seizure and who identify themselves as customs officers to demand the assistance of any person. Imposes a fine for failure to render such assistance without reasonable excuse.
Subtitle C: Amendments to the Controlled Substances Import and Export Act - Amends the Controlled Substances Import and Export Act to prohibit any U.S. citizen on board an aircraft or any person on board a U.S. aircraft to manufacture or distribute or possess with intent to manufacture or distribute a controlled substance.
Amends the Controlled Substances Import and Export Act to penalize persons who import or export specified amounts (qualifying such persons as major traffickers) of heroin, cocaine, other narcotic drugs, cocaine freebase, controlled substance analogue, PCP, or LSD by imprisonment for not less than ten nor more than 30 years, a fine of not more than $2,0000,000, or both (a fine of not more than $5,000,000 for offenders other than individuals). Makes repeat offenders subject to imprisonment for 20 years to life, a fine of not more than $4,000,000 or both (a fine of not more than $10,000,000 for offenders other than individuals).
Makes persons who import or export specified amounts (qualifying such persons as serious traffickers) of heroin, cocaine, other narcotic drugs, cocaine freebase, controlled substance analogue, PCP, or LSD subject to imprisonment for not less than five and not more than 20 years, a fine of not more than $2,000,000 or both (a fine of $5,000,000 for offenders other than individuals). Makes repeat offenders subject to imprisonment for ten to 40 years, a fine of not more than $4,000,000 or both (a fine of not more than $10,000,000 for offenders other than individuals). Prohibits suspension of sentence, probation, or parole for persons convicted of such offenses. Imposes a special parole term of at least four years in addition to the term of imprisonment for first offenders (at least eight years for repeat offenders).
Increases the fine for importing or exporting controlled substances in schedule I or II to $500,000 ($2,000,000 for offenders other than individuals).
Increases the fine for importing or exporting specified quantities of marihuana, hashish, hashish oil, or controlled substances in schedule III, IV or V to $250,000 ($1,000,000 for offenders other than individuals).
Increases the fine for intentional transshipment and in-transit shipment of controlled substances to $100,000 ($500,000 for offenders other than individuals).
Imposes a mandatory prison term of 20 years to life for persons convicted of certain drug offenses involving the exportation or importation of drugs resulting in death or serious bodily injury.
Title III: Denial of Trade Benefits to Uncooperative Drug Source Nations - Narcotics Control Trade Act - Directs the President to make an annual determination of whether any foreign country: (1) is a source of drugs and other controlled substances that is significantly affecting the United States; and (2) has not cooperated with the United States in preventing such drugs and substances from significantly affecting the United States. Sets forth factors to be considered in making such determination. Requires the President to submit to the Congress an annual list, based on such determination, of countries that are uncooperative drug source nations.
Denies to uncooperative drug source nations preferential tariff treatment. Imposes additional duties on all dutiable products of such country or on all duty-free products of such country or on all duty-free products of such country. Permits the imposition of any combination of the penalties listed in this paragraph.
Requires the President to include in the annual report to the Congress on foreign aid programs a report on the progress each major drug source nation has made in achieving specified objectives limiting the narcotics trade.
Terminates the penalties against a country designated as an uncooperative drug source nation if the President considers that such country has made significant progress and will continue to make progress in changing its narcotics control programs.