S.2798 - Comprehensive Narcotics Control Act of 198699th Congress (1985-1986)
|Sponsor:||Sen. Biden, Joseph R., Jr. [D-DE] (Introduced 09/09/1986)|
|Latest Action:||Senate - 09/15/1986 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 910. (All Actions)|
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Summary: S.2798 — 99th Congress (1985-1986)All Information (Except Text)
Introduced in Senate (09/09/1986)
Comprehensive Narcotics Control Act of 1986 - Title I: Coordination and Leadership - Subtitle A: Office of the Director of National and International Drug Operations and Policy - National Narcotics Act of 1986 - Establishes a Cabinet-level Office of the Director of National and International Drug Operations and Policy to plan and coordinate drug enforcement efforts of the Federal Government. Requires the Director to report to the Congress on U.S. policy with respect to illegal drugs.
Requires the Director to make recommendations to specified congressional committees for legislation to reorganize the executive branch of the Government to more effectively reduce drug trafficking and drug abuse.
Terminates the National Drug Enforcement Policy Board.
Authorizes appropriations for FY 1987.
Subtitle B: White House Conference on Narcotics Abuse and Control - Directs the President to call a White House Conference on Narcotics Abuse and Control to develop recommendations to control the illicit production, trafficking, and distribution of narcotics, and to prevent and treat narcotics abuse.
Directs the Conference to review: (1) the impact of recently enacted laws on efforts to control trafficking in narcotics and to prevent and treat narcotics abuse; (2) the recommendations of the President's Commission on Organized Crime as they relate to narcotics abuse and control; and (3) the extent to which sanctions in the Foreign Assistance Act of 1961 have been, or should be, used in encouraging foreign states to comply with their international responsibilities respecting narcotics control. Requires the Conference to report its findings to the President and the Congress.
Subtitle C: Coordinated Budget Submission for Federal Drug Control and Enforcement Activities - Requires the President to include in his annual budget submission a detailed request for Federal agencies responsible for drug abuse prevention and treatment and drug law enforcement.
Title II: Enforcement - Subtitle A: Drug Enforcement Enhancement - Drug Enforcement Enhancement Act of 1986 - Authorizes appropriations for FY 1987 to the Department of Justice for: (1) the Drug Enforcement Administration; (2) assistant U.S. attorneys; (3) U.S. Marshals; and (4) the National Park Police.
Authorizes appropriations for: (1) FY 1987 and 1989 for the Federal Prison System; (2) FY 1988 and 1989 for the construction of Federal penal and correctional institutions; and (3) FY 1988 for establishing an All Source Intelligence Center.
Subtitle B: State and Local Narcotics Control Assistance - State and Local Law Enforcement Assistance Act of 1986 - Authorizes the Attorney General to make grants to States for narcotics law enforcement.
Establishes a procedure for grant applications. Requires such an application to include a State-wide strategy for the enforcement of State drug laws.
Requires 75 percent of such grants to be distributed to States according to population, with the remaining 25 percent distributed according to need.
Requires each State receiving such a grant to submit yearly reports to the Attorney General. Requires the Attorney General to submit annual reports to the Congress summarizing the State reports and the expenditure of such grants.
Authorizes appropriations for FY 1987 and 1988.
Subtitle C: More Effective Criminal Penalties - Narcotics Penalties and Enforcement Act of 1986 - Part 1: Controlled Substances Penalties - Amends the Controlled Substances Act to modify the threshold quantity and kinds of controlled substances (adding cocaine freebase and controlled substance analogs) which trigger enhanced penalties. Establishes a mandatory minimum sentence of five years imprisonment (ten years for subsequent offenses) for violations involving a specified large quality of such substances. Increases the maximum sentence for such violations to 25 years imprisonment and a fine of up to $1,000,000 (40 years imprisonment and a fine of up to $2,000,000 for subsequent violations). Provides for a fine of up to $3,000,000 ($6,000,000 for subsequent violations) for violations involving a person other than an individual (corporation). Specifies lesser penalties for smaller quantities of the same substance.
Increases the fines for certain Controlled Substances Act violations.
Establishes criminal penalties (imprisonment for up to one year and a fine of up to $5,000, up to two years and $10,000 for subsequent violations) for possession of a controlled substance in a special maritime or territorial jurisdiction of the United States.
Provides increased criminal penalties (a mandatory minimum sentence of 20 years imprisonment, maximum term of life) for certain Controlled Substances Act violations which result in death or a serious bodily injury.
Amends the Controlled Substances Import and Export Act to modify the threshold quantity and kinds of controlled substances which trigger revised enhanced penalties. (Modifies the quantities and kinds of substances to reflect those in the Controlled Substances Act.)
Increases the fines for certain Controlled Substances Import and Export Act violations.
Provides increased criminal penalties (a mandatory minimum sentence of 20 years imprisonment, maximum term of life) for cetain Controlled Substances Import and Export Act violations which result in death or serious bodily injury.
Part 2: Protection of Children from Crack and Other Narcotic Drugs - Amends the Controlled Substances Act to make cocaine freebase a schedule I substance. Establishes criminal penalties for employing or using persons under 21 years of age in drug operations.
Establishes enhanced criminal penalties for the manufacture of a controlled substance in or near an elementary or secondary school. (Current law establishes such enhanced penalties only for the distribution of a controlled substance in or near such schools.)
Subtitle D: Unlawful Money Laundering - Money Laundering Crimes Act of 1986 - Amends the Federal criminal code to establish money laundering as a Federal offense. Sets forth fines and penalties to be imposed on anyone who, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a transaction which in fact involves such proceeds: (1) with the intent to facilitate the carrying on of specified unlawful activity; or (2) knowing that the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of such proceeds, or to avoid a transaction reporting requirement under State or Federal law.
Sets forth fines and penalties to be imposed upon anyone who: (1) transports or attempts to transport a monetary instrument or funds from a place in the United States to or through a place outside the United States, or vice versa, with similar intent or knowledge; or (2) conducts or attempts to conduct a financial transaction that in whole or in part involves the proceeds of specified unlawful activities with intent to violate or facilitate the violation of certain provisions of the Internal Revenue Code.
Provides, for each of such offenses, for a fine of not more than $250,000 or twice the value of the monetary instrument, whichever is greater, or imprisonment for not more than 20 years, or both. Establishes a civil penalty of the greater of the value of the funds or the monetary instrument involved or $10,000.
Authorizes components of the Department of Justice and the Department of the Treasury to investigate such offenses, as appropriate.
Establishes extraterritorial jurisdiction if certain conditions are met.
Amends the Right to Financial Privacy Act of 1978 with respect to the permissible notification of the Federal Government by a financial institution that the institution has information which may be relevant to a possible violation of law or regulation. Restricts such information to the name or names and other identifying information concerning the individuals and accounts involved in and the nature of the suspected illegal activity. Preempts any State or local law which prohibits disclosure of such information. Precludes liability under any law for an institution for such a disclosure or for failing to notify the customer of such disclosure. Grants a district court authority to order the institution to delay notifying a customer of the existence of a grand jury subpoena of financial records or of information furnished to the grand jury.
Authorizes the Secretary of the Treasury to: (1) examine books, papers, and records of domestic financial institutions; and (2) summon an officer or employee having possession or custody of reports or records to appear and give testimony under oath. Permits the Secretary to make information filed by financial institutions in certain reports available to a Federal, State, or local agency upon request. Authorizes the Secretary to make such information available to a Federal agency when the Secretary has reason to believe it may be relevant to a matter within the receiving agency's jurisdiction. Authorizes the disclosure of such information for national security purposes. Exempts such reports, and records of such reports, from public disclosure provisions.
Increases the civil penalties for violations of the Bank Secrecy Act's reporting rules. Provides in the case of a reporting violation for a maximum penalty of $1,000,000 and a minimum of $25,000. Reduces the civil penalty by any amount forfeited to the United States. Imposes a civil penalty for the criminal violation of such rules, in the amount of the transaction or $25,000, whichever is greater, where the violation involves a transaction. Sets a civil penalty of the entire amount of an account (up to $250,000), or $25,000, whichever is greater, where the violation involves failure to report the existence of an account or any required identifying data pertaining to it. Imposes a civil penalty of not more than $1,000 in the case of a negligent violation.
Authorizes the Secretary to assess a civil penalty within six years after the transaction on which the penalty is based. Permits the Secretary to bring a civil action to recover a civil penalty within two years after assessment.
Lists money laundering as a predicate offense for purposes of the Racketeer Influenced and Corrupt Organizations (RICO) statute. Authorizes wiretapping for the investigation of money laundering.
Establishes civil and criminal forfeiture procedures for the offense of money laundering.
Subtitle E: Designer Drugs - Controlled Substance Analogs Enforcement Act of 1986 - Amends the Controlled Substances Act to establish criminal penalties for the manufacture, possession with intent to distribute, or distribution of controlled substance analogs.
Subtitle F: Career Criminals - Career Criminal Amendments Act of 1986 - Amends the Federal criminal code to provide increased mandatory penalties for any person who transports firearms or ammunition in interstate or foreign commerce if such person has multiple convictions for serious drug offenses and violent felonies. (Current law provides increased penalties where such person had multiple convictions for robbery and burglary.)
Subtitle G: Technical Amendments to the Comprehensive Crime Control Act of 1984 - Grants the Attorney General authority to enter into contracts with State and local law enforcement agencies to provide cooperative controlled substance enforcement.
Makes technical and conforming changes to the Comprehensive Crime Control Act of 1984.
Subtitle H: Use of Defense Facilities as Detention Facilities - Requires the President to direct the Secretary of Defense to prepare a list of defense facilities which can be used as detention facilities for felons and describe how such facilities can be converted for use as detention facilities.
Title III: Forfeiture - Authorizes the use of funds in the Department of Justice Assets Forfeiture Fund and the Customs Forfeiture Fund for specified controlled substances law enforcement activities.
Directs the General Accounting Office to prepare a report on the feasibility and desirability of abolishing such funds and combining such funds under the authority of either of the offices. Requires such report to be submitted to specified congressional committees within six months of enactment of this Act.
Requires the Attorney General to prepare a report on the feasibility and desirability of allowing evidentiary cash in Federal criminal and civil trials to be demonetized to expedite the transfer of such cash into the Federal Government's assets forfeiture funds.
Title IV: Armed Services: Interdiction and Intelligence - Subtitle A: National Drug Interdiction Improvement - National Drug Interdiction Improvement Act of 1986 - Authorizes appropriations for the Department of Defense for FY 1987 for enhanced drug enforcement assistance, including: (1) the procurement of aircraft (including helicopters and long-range surveillance aircraft); and (2) aerostat radar systems.
Directs the Secretary of Defense to make such aircraft available for use by the U.S. Customs Service (which shall be responsible for the expense of operating and maintaining such aircraft). Directs the Commissioner of Customs to consult with the Commandant of the Coast Guard regarding deployment of such aircraft. Requires the Commissioner to make quarterly reports to specified congressional committees regarding drug interdiction plans developed under this Act.
Allows the Secretaries of Defense and Transportation to assign specially trained members of the Coast Guard to duty on naval vessels for drug enforcement purposes.
Authorizes appropriations for the Coast Guard for FY 1987 for: (1) the acquisition of secure radio equipment; (2) additional personnel; and (3) long-range surveillance aircraft.
Authorizes appropriations for FY 1987 for the U.S. Customs Service for: (1) additional drug interdiction personnel, equipment (including drug enforcement vehicles and vessels), and training (including training for Southwest Boarder Drug Enforcement Task Force personnel); (2) the operation and use of vessels made available by the United States-Bahamas Drug Interdiction Task Force; (3) the operation and maintenance of the air interdiction program; and (4) the establishment of a customs air support branch in the Northeast Region of the United States (including the purchase of specified aircraft).
Authorizes appropriations for the establishment of command, control, communications, and intelligence centers in the United States.
Establishes the United States-Bahamas Drug Interdiction Task Force. Directs the Commissioner of Customs to enter into negotiations with the Government of the Bahamas regarding the establishment and operation of such task force.
Directs the Director of the Office of National and International Drug Operations and Policy to make quarterly reports to specified congressional committees regarding progress in establishing the Task Force.
Authorizes appropriations for FY 1987 for: (1) the Coast Guard-Bahamas Drug Interdiction docking facility; (2) helicopters for drug interdiction operations in Hawaii; and (3) the establishment of an All Source Intelligence Center in the Department of Justice.
Subtitle B: Anti-Smuggling Provisions - Anti-Smuggling Act of 1986 - Part I: Amendments to the Tariff Act of 1930 - Amends the Tariff Act of 1930 to include monetary instruments within the meaning of "merchandise."
Requires the master of any vessel from a foreign port or place, any foreign vessel from a domestic port or place, or any U.S. vessel carrying bonded merchandise or foreign merchandise for which entry has not been made, to immediately report such vessel's arrival at a U.S. or Virgin Island port to the nearest customs facility or place prescribed by the Secretary of the Treasury.
Restricts the arrival of any vehicle coming into the United States to border crossing points designated by the Secretary. Requires the person in charge of such vehicle to report its arrival, and present such vehicle and all persons and merchandise on board, to the customs officer.
Requires the pilot of any aircraft arriving in the United States to comply with such advance notification, arrival reporting, and landing requirements as the Secretary may prescribe.
Prohibits the departure of such vessels, vehicles, or aircraft, or the discharge of passengers or merchandise, except in accordance with regulations prescribed by the Secretary. Imposes penalties for violations of the arrival, reporting, or entry requirements. Increases the fine for the unauthorized unloading of passengers.
Sets forth reporting requirements for individuals arriving in the United States. Imposes penalties for violations of such reporting requirements.
Requires unclaimed property to be retained by the Customs Service for six months (currently one year). Allows such property to be retained for official use or otherwise disposed of in accordance with regulations. Allows counterfeit merchandise seized by the Customs Service to be sold at auction after 60 days (currently one year).
Increases the criminal fines for: (1) failing to produce a vessel's manifest; (2) producing a false manifest; and (3) unlawfully unloading merchandise.
Makes aviation smuggling unlawful. Prohibits the at sea transfer of prohibited merchandise between U.S. owned aircraft and vessels. Prohibits the at sea transfer of prohibited merchandise between aircraft and vessels, regardless of the nationality of either, where the intent is to smuggle the merchandise into the United States. Establishes penalties, including seizure of the aircraft of vessel, for violations of such anti-smuggling provisions.
Specifies certain acts that, if engaged in within 250 miles of the U.S. territorial seas, shall be: (1) persumed to indicate intent to smuggle; and (2) deemed prima facie evidence that the aircraft or vessel was used in aiding or facilitating such smuggling.
Establishes civil penalties for making false written or oral statements which seeks or affects the payment or credit of any drawback payment, refund of duties, allowance, or rebate, or relates to merchandise which is to be exported contrary to law.
Changes the procedures for the seizure and forfeiture of conveyances used in smuggling to require that a common carrier be seized and forfeited under certain circumstances.
Authorizes the issuance of search warrants for places suspected of containing: (1) merchandise brought into the United States unlawfully; (2) property which is subject to forfeiture under the customs laws; or (3) articles which are evidence of a customs violation.
Authorizes the seizure and forfeiture of smuggled merchandise.
Requires that any deposit made in lieu of forfeiture of property seized under customs laws be treated in the same manner as the proceeds of a sale of any forfeited item. Provides that the expenses of a forfeiture proceeding shall be a priority claim in the same manner as court costs.
Provides that compensation for informers shall not exceed 25 percent of the amount recovered. (Current law requires such compensation to equal 25 percent of such amount.)
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 foreign landing certificates 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.
Allows the Secretary, when authorized by treaty or executive agreement, to station customs officers in foreign countries to examine persons or merchandise prior to their arrival in the United States. Provides that merchandise seized at a foreign station may be transported to the United States for customs proceedings. Permits the stationing of foreign customs officers in the United States (if similar privileges are extended to the United States). Imposes penalties for making fraudulent statements to such foreign officials. Amends the Federal Aviation Act of 1958 to provide a fine of not more than $5,000 or imprisonment for not to exceed two years, or both, for persons (owners of aircraft) who operate an aircraft: (1) that is not registered; (2) during any period for which the aircraft certificate or registration has been suspended or revoked by the Secretary of Transportation; (3) without a valid airman certificate; or (4) who employ airmen without valid airman certificates.
Requires any person having an ownership interest in an aircraft for which a certificate or registration has been issued, upon the sale, transfer, or conveyance of such interest, to file within 15 days such notice as the Secretary of the Treasury may provide.
Part II: Amendments to the Controlled Substances Import and Export Act - Makes it unlawful for any United States citizen on board any aircraft, or any person on board any aircraft owned by a U.S. citizen or registered in the United States, to manufacture or distribute or possess with intent to manufacture or distribute a controlled substance.
Amends the Federal criminal code to provide criminal penalties for any person to operate an aircraft; (1) without navigation and/or anticollision lights; and (2) with an illegal fuel tank or fuel system installation.
Title V: Foreign Relations - Subtitle A: International Narcotics Control Act of 1986 - International Narcotics Control Act of 1986 - Part 1: International Narcotics Control Assistance Program - Amends the Foreign Assistance Act of 1961 to increase the FY 1987 authorization for aid for international narcotics control. Permits certain additional funds to be appropriated for FY 1987 only if the President has submitted to the Congress: (1) a budget request for such funds; and (2) a plan showing how such funds will be used.
Requires that a specified amount of the FY 1987 military assistance authorization be available to provide aircraft to countries receiving such assistance for narcotics control eradication and interdiction efforts. Earmarks at least half of such funds for aircraft based in Latin America. Requires such aircraft to be made available to foreign countries only on a lease or loan basis. Requires the Secretary of State to maintain detailed records on the use of such aircraft.
Requires that a specified amount of the FY 1987 military assistance authorization be available for education and training in the operation and maintenance of aircraft used in narcotics control interdiction and eradication efforts.
Earmarks a specified amount of the FY 1987 international narcotics control assistance for research, development, and testing of safe and effective herbicides for use in aerial eradication of coca.
Requires the Comptroller General to investigate and report to the Congress on the effectiveness of the international narcotics control assistance program.
Part 2: Improving Law Enforcement and Other Narcotics Control Activities Abroad - Requires the President's annual report to the Congress on the international strategy to prevent cultivation and trafficking in narcotics to include a discussion of the extent which each source country has cooperated with U.S. narcotics control efforts through the extradition or prosecution of drug traffickers and a description of the state of negotiations on updated extradition treaties.
Commends the decision of the Secretary of State to issue diplomatic passports to officials and employees of the Drug Enforcement Administration. Requires the Secretary to report to the Congress before changing such policy.
Requires the executive branch to establish expeditiously the information sharing system that will list all drug arrests of foreign nationals in the United States as required by the Foreign Relations Authorization Act, Fiscal Year 1986 and 1987. Requires the executive branch to report to the Congress when the system is established.
Urges the President to require that greater priority be given to the collection and sharing of information concerning narcotics related activities abroad. Requires the President to order the preparation of an updated threat assessment of narcotics trafficking from Africa.
Requires the President to take steps to improve the capability of the executive branch to: (1) collect information concerning links between narcotics traffickers and acts of terrorism abroad; and (2) develop means to respond to the threat which those links pose. Requires the President to report to the Congress on such steps.
Requires that a specified amount of the FY 1987 administration of justice program authorization be used to provide Colombia (and other countries in the region) assistance to protect judicial or other officials who are targets of narcoterrorist attacks.
Urges the Secretary to increase efforts to negotiate with relevant countries procedures to facilitate the interdiction of vessels suspected of carrying illicit narcotics. Directs the President to take appropriate actions, including denial of access to U.S. ports, if a country refuses to negotiate interdiction procedures. Requires the Secretary to submit semiannual reports to the Congress identifying countries that fail to negotiate such procedures.
Provides that the Secretary of Defense, the Attorney General, and the Secretary of State shall jointly determine when armed forces personnel are needed to provide law enforcement assistance (in enforcing specified customs and drug laws and the Immigration and Nationality Act) activities abroad.
Part 3: Development and Narcotics Production and Trafficking - Requires the annual report on foreign aid programs to contain a description of the development programs (other than narcotics control programs) dealing with illicit narcotics production.
Part 4: Drug Education Programs Abroad - Authorizes additional appropriations for the U.S. Information Agency for FY 1987 which shall be available only for increasing drug education programs abroad.
Authorizes additional appropriations for development assistance programs for FY 1987 which shall be used for additional activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries.
Requires the Director of the U.S. Information Agency and the Director of the Agency for International Development to include in their annual reports to the Congress a description of the drug education programs carried out by their respective agencies.
Part 5: United Nations Activities Related to Drug Narcotics Control - Declares congressional support or the United Nations General Assembly decision to convene in 1987 an International Conference on Drug Abuse and Illicit Trafficking. Calls upon the President to appoint the head of the U.S. delegation well in advance of the conference and ensure that necessary resources are available for U.S. preparation and participation. Requires the President to report to the Congress by April 30, 1987, on the status of U.S. preparation for the conference.
Calls for the conduct of a study of the effectiveness of the United Nations drug-related declarations, conventions, and entities. Requires the President to report any recommendations which result from such study to the Congress.
Urges the United Nations Commission on Narcotic Drugs to complete work as soon as possible on a new draft convention against illicit traffic in narcotic drugs and psychotropic substances. Calls for more effective implementation of existing conventions relating to narcotics.
Part 6: Provisions Relating to Specific Countries - Urges the President to direct the Secretary to enter into negotiations with the Government of Mexico to create a Mexico-United States Intergovernmental Commission on Narcotics and Psychotropic Drug Use and Abuse. Requires the Secretary to report to the Congress within 90 days of enactment of this Act on progress in establishing such a commission.
Urges Pakistan to adopt and implement a comprehensive narcotics control program. Requires the Secretary to report to the Congress within 60 days of enactment of this Act on the adoption and implementation of such a program. Calls upon the President to instruct the U.S. Ambassador to the United Nations to request that the problem of illicit drug production in Iran, Afghanistan, and Laos be raised at the International Conference on Drug Abuse and Illicit Trafficking.
Subtitle B: Drug Eradication Act of 1986 - Drug Eradication Act of 1986 - Directs the United States to promote, through the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the African Development Bank, and the Asian Development Bank, the development and implementation of national drug eradication programs in developing countries. Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of the multinational development banks to propose that assistance be provided to such countries in developing and implementing such programs. Authorizes the Administrator of the Drug Enforcement Administration to certify the adequacy of such programs and annually review such programs.
Requires the Secretary of the Treasury to instruct the U.S. Executive Directors of the multilateral development banks to: (1) vote against loans to major drug producing countries that have no certified program within one year of enactment of this Act; and (2) propose that their respective banks increase lending for crop substitution programs.
Requires the Secretary to include an accounting of the manner and extent of compliance siwht this Subtitle in its annual report to the Congress.
Subtitle C: Denial of Trade Benefits to Certain Drug Source Nations - Narcotics Control Trade Act - Directs the President to designate a country an uncooperative drug source nation if during any fiscal year beginning after September 30, 1986, such country: (1) was a source of any illicit narcotic and psychotropic drugs or other controlled substances that are significantly affecting the United States; and (2) did not cooperate with the United States in preventing such drugs and substances from affecting the United States by taking specified actions. Directs the President to report to the Congress the name of each such country.
Denises the products of each such country most-favored-nation treatment until the President notifies the Congress that such country has made significant progress and will continue to make progress in remedying those policies on which an uncooperative drug source nation designation was based.
Title VI: Education and Public Awareness - Subtitle A: Emergency Response - Designates October 6, 1986, as National Drug Abuse Education Day.
Requires the Secretary of Education to insure that State educational departments and local school districts and schools have information on: (1) the scope and nature of the cocaine freebase epidemic; (2) strategies for effective school level intervention and community mobilization; and (3) available resources. Authorizes appropriations.
Requires the Director of the National Institute of Drug Abuse to produce and disseminate public service announcements on the consequences of cocaine freebase use.
Subtitle B: Establishment of Office Within the Department of Education - Amends the Department of Education Organization Act to establish an Office of Drug and Alcohol Abuse Education and Prevention in the Department of Education. Provides that such Office shall be administered by the Assistant Secretary for Drug and Alcohol Abuse Education and Prevention (the Assistant Secretary). Sets forth the duties of the Office. Requires the Secretary of Education (the Secretary) to report to the Congress within one year after the enactment of this Act on the progress in establishing the Office and the long-term strategy of the Office for drug education and prevention.
Requires the Secretary, in cooperation with the Secretary of Health and Human Services, to coordinate efforts to: (1) disseminate program related information; (2) provide training and technical assistance; and (3) identify research and development priorities.
Subtitle C: Student Drug Abuse Education and Prevention - Student Drug Abuse Education and Prevention Act of 1986 - Directs the Secretary, acting through the Assistant Secretary, to establish a program of grants to States for drug (including alcohol) abuse education in elementary and secondary schools. Lists the State and local educational agency uses of such funds. Restricts the amount States may use for administrative costs.
Provides for: (1) the allotment of such grant funds to States; (2) State application for such grant funds; (3) allocations to local educational agencies; and (4) local application to State educational agencies.
Provides for the equitable participation of children enrolled in private nonprofit elementary and secondary schools in such program.
Provides that the use of such grant funds is to supplement and not supplant other Federal funds.
Authorizes appropriations for FY 1987 through 1991.
Subtitle D: Regional Drug and Alcohol Abuse Training Centers - Authorizes appropriations for FY 1987 for establishing and operating regional drug and alcohol abuse training centers.
TItle VII: Prevention and Treatment - Subtitle A: Prevention - Directs the Secretary of Health and Human Services to prepare an emergency report and feasibility study of intervention by the Centers for Disease Control and the National Institute of Drug Abuse to reduce the epidemic of cocaine freebase use in the United States.
Subtitle B: Research on Effective Prevention, Treatment, and Rehabilitation - Directs the Secretary of Health and Human Services to expand certain information dissemination activities regarding drug abuse prevention, treatment, and rehabilitation.
Subtitle C: State and Local Prevention, Treatment, and Rehabilitation Assistance - State and Local Drug Abuse Prevention, Treatment, and Rehabilitation Act of 1986 - Authorizes appropriations for FY 1987 through 1991 to provide assistance to the States for planning, establishing, and maintaining effective prevention, treatment, and rehabilitation programs and activities to deal with the abuse of controlled substances.
Requires 75 percent of such assistance to be distributed to States according to population, with the remaining 25 percent distributed according to need.
Establishes procedures for grant applications. Imposes limitations on the use of such assistance, including a maximum five percent allocation for administrative purposes.
Subtitle D: Prevention, Treatment, and Rehabilitation Model Projects for High Risk Youths - Drug Abuse and Alcohol Abuse Prevention, Treatment, and Rehabilitation Model Projects for High Risk Youth Act of 1986 - Directs the Secretary of Health and Human Services to make grants to public and nonprofit private entities for projects to demonstrate effective models of preventing drug abuse and alcohol abuse among high risk youths. Requires the Secretary to give priority to applications for projects directed at: (1) latchkey children; (2) children at risk of abuse or neglect; (3) preschool children eligible for services under the Heald Start Act; (4) children at risk of dropping out of school; (5) children at risk of becoming adolescent parents; and (6) children who do not attend school and who are at risk of being unemployed. Authorizes appropriations for FY 1987 through 1991.
Directs the Secretary to make grants to public and nonprofit private entities for projects to demonstrate effective models of treamtnt and rehabilitation of high risk youths who are drug abusers or alcohol abusers. Requires the Secretary to give priority to projects which address the relationship between drug abuse or alcohol abuse and: (1) physical, sexual, and/or emotional child abuse; (2) dropping out of school; (3) unemployment; (4) delinquency; (5) pregnancy; (6) violence; (7) suicide; or (8) mental health problems. Authorizes appropriations for FY 1987 through 1991.
Requires public and nonprofit private entities to submit their grant applications to the Governor of the State in which the project will be conducted. Requires the Governor to review each application and submit his or her recommendations to the Secretary, together with a priority ranking of those recommended for approval. Requires the Secretary to give priority to applications from community-based organizations for projects: (1) to develop innovative multi-disciplinary models for the prevention or for the treatment and rehabilitation of drug abuse or alcohol abuse by high risk youths; and (2) to demonstrate effective models which may be replicated.
Requires the Secretary, in making such grants, to consider the specific needs of urban and rural areas.
Requires the Director of the National Institute on Drug Abuse to evaluate projects conducted with grants under this Act.
Subtitle E: Drug and Alcohol Dependent Offenders Treatment - Drug and Alcohol Dependent Offenders Treatment Act of 1986 - Grants the Director of the Administrative Office of the United States Courts authority to contract with public and private agencies for the detection and treatment of alcohol-dependent and drug-dependent offenders.
Amends the Contract Services for Drug Dependent Federal Offenders Authorization Act of 1978 to authorize appropriations for contracts for the supervision of released drug offenders through FY 1989.
Subtitle F: Indians and Alaska Natives - Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 - Part I: General Provisions - Sets forth the purpose of this Act.
Part II: Coordination of Resources and Programs - Directs the Secretary of the Interior and the Secretary of Health and Human Services to enter into a Memorandum of Agreement which shall: (1) define the scope of the problem of alcohol and substance abuse for Indian tribes and assess its financial and human costs; (2) assess the resources available to combat alcohol and drug abuse among Indian people; (3) establish appropriate standards for each agency's program responsibility; (4) coordinate the Bureau of Indian Affairs and the Indian Health Service alcohol and substance abuse programs; (5) delineate the responsibilities of the Bureau of Indian Affairs and the Indian Health Service to coordinate services; (6) directs the Bureau of Indian Affairs agency and education superintendents and the Indian Health Service unit directors to cooperate; and (7) provide for an annual review of such agreement by the Secretary of the Interior and the Secretary of Health and Human Services. Requires the agreement to be submitted to the Congress and published in the Federal Register.
Allows the governing body of any Indian tribe to establish a Tribal Action Plan to coordinate available resources and programs in an effort to combat alcohol and substance abuse among its members. Requires the Bureau of Indian Affairs agency and education superintendents and the Indian Health Service service unit director to cooperate, if requested, in developing such plans. Provides for the development of such plans by Bureau of Indian Affairs and Indian Health Service personnel if an Indian tribe fails to adopt such a plan.
Establishes within the Office of the Assistant Secretary of Indian Affairs an Office of Alcohol and Substance Abuse to: (1) monitor the performance and compliance of programs of the Bureau of Indian Affairs in meeting the goals and purposes of such agreement and this Act; and (2) serving as a point of contact within the Bureau of Indian Affairs for Indian tribes and the Tribal Coordinating Committees.
Establishes within the Office of Alcohol and Substance Abuse the position of Indian Youth Programs Officer.
Directs the Secretary of the Interior and the Secretary of Health and Human Services to make available for community use, in the futherance of the purposes and goals of this Act, local Federal facilities, property, and equipment.
Directs the Secretary of the Interior to: (1) establish summer recreation, employment, and counseling programs for Indian youth; (2) keep open schools which are necessary to provide facilities for the programs established under this Act; and (3) provide coordinators, as needed, for such programs.
Part III: Indian Youth Program - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review: (1) Federal program providing specified services or benefits to Indian children and families; and (2) tribal, State, local, and private resources, benefits, and programs providing specified services. Requires the results of such review to be provided to each Indian tribe.
Directs the Assistant Secretary of Indian Affairs to develop and implement a pilot program in selected schools to determine the effectiveness of summer youth programs in furthering the purposes and goals of this Act. Authorizes appropriations for FY 1987 through 1989.
Directs the Secretary of the Interior to publish an alcohol and substance abuse newsletter.
Requires the Tribal Action Plans to make provisions for the establishment, funding, licensing, and operation of emergency shelters or half-way houses for Indian youth who are alcohol or substance abusers. Urges States to require its law enforcement officers to place any youth arrested for any offense related to alcohol or substance abuse in such shelter or half-way house. Authorizes appropriations for FY 1987 through 1989 for the contruction, renovation, and operation of such shelters and half-way houses.
Directs the Secretary of the Interior to require the compilation of data relating to the number and types of child abuse and neglect cases seen and the type of assistance provided.
Part V: Law Enforcement and Judicial Services - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review: (1) Federal programs providing law enforcement or judicial services to Indian tribes; and (2) tribal and State and local law enforcement and judicial programs and systems. Requires the results of such review to be provided to each Indian tribe.
Part VI: Bureau of Indian Affairs Law Enforcemnt - Increases the maximum sentence (from six months to one year) and fine (from $500 to $5,000) which a tribal court can impose for any offense.
Requires the Secretary of the Interior to ensure that all Bureau of Indian Affairs and tribal law enforcement and judicial personnel have training available in the investigation and prosecution of offenses relating to illegal narcotics and in alcohol and substance abuse prevention and treatment. Authorizes appropriations for FY 1987 through 1989.
Requires the Memorandum of Agreement to include a provision for the development and implementation of a procedure for the emergency medical assessment and treatment of Indian youth arrested or detained by the Bureau of Indian Affairs or tribal law enforcement personnel for offenses relating to or involving alcohol or substance abuse.
Directs the Secretary of the Interior to: (1) establish and implement a program for the eradication of marijuana cultivation within Indian country; (2) develop and implement a plan for the construction or renovation and staffing of tribal juvenile detention and rehabilitation centers; (3) provide for the development of a Model Indian Juvenile Code; and (4) collect data regarding calls and encounters, and arrests and detentions, and the disposition of cases involving Indians where alcohol or drug abuse is a contributing factor.
Part VII: Indian Alcohol and Substance Abuse Treatment and Rehabilitation - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review: (1) Federal programs providing health services and benfits to Indians; (2) tribal, State, local, and private health resources and programs; (3) where facilities that provide such treatment are or should be located; and (4) the effectiveness of private and public alcohol and substance abuse treatment programs.
Requires the Memorandum of Agreement to include provisions pursuant to which the Indian Health Service shall assume responsibility for: (1) determing the scope of the alcohol and substance abuse problem among Indians; (2) assessing the existing and needed resources to support an alcohol and substance abuse prevention and treament program for Indians; and (3) estimate the funding necessary to support such a program.
Requires the Secretary of Health and Human Services to: (1) provide a comprehensive alcohol and substance abuse prevention and treatment program for members of Indian tribes; (2) develop and implement a program for acute detoxification and treatment for Indian youth who are alcohol and substance abusers; (3) begin the construction of 11 regional treatment centers serving Indian tribes; (4) develop and implement within each Indian Health Service service unit community-based rehabilitation and follow up services for Indian youth who are alcohol or substance abusers; (5) develop and implement within each service unit a program of community education and involvement; (6) require that the existing health staff of the Indian Health Service receive training in alcohol and substance abuse; (7) develop and implement a program of alcohol and substance abuse prevention through education intervention; (8) identify and use existing Federally owned structures as residential alcohol and substance abuse treatment centers for Indian youths; (9) make grants to the Navajo tribe to establish a demonstration program in Gallup, New Mexico, to rehabilitate adult Navajo Indians suffering from alcoholism or alcohol abuse; and (10) compile data on the number of incidents where Indian Health Service personnel or services were involved in matters related to alcohol or substance abuse.
Subtitle G: Programs in United States Insular Areas - Requires the President to report annually to the Congress on the efforts of Federal agencies, and the adequacy of arrangements with States in preventing the illegal entry of controlled substances into the United States.
Authorizes law enforcement officers of the Governments of American Samoa and the Northern Mariana Islands to: (1) execute and serve warrants, subpoenas, and summons issued under the authority of the United States; (2) make arrests without warrants; and (3) make seizures of property to carry out the purposes of this Act, the Controlled Substances Import and Export Act, and any other applicable Federal narcotics laws. Authorizes the Attorney General to train such law enforcement officers and provide certain law enforcement equipment.
Requires the Drug Enforcement Administration, the Federal Bureau of Investigation, the Coast Guard, the Customs Service, and the Postal Service to assign and maintain a specified number of agents, officers, and vessels in Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands.