S.2878 - Anti Drug Abuse Act of 198699th Congress (1985-1986)
|Sponsor:||Sen. Dole, Robert J. [R-KS] (Introduced 09/25/1986)|
|Latest Action:||10/17/1986 H.R. 5484 passed in Senate relating to this measure.|
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Summary: S.2878 — 99th Congress (1985-1986)All Bill Information (Except Text)
Introduced in Senate (09/25/1986)
Anti-Drug Abuse Act of 1986 - Title I: Anti-Drug Enforcement - Subtitle A: Drug Penalties Enhancement Act of 1986 - Drug Penalties Enhancement Act of 1986 - Amends the Controlled Substances Act to revise and increase the criminal penalties for violations of such Act.
Subtitle B: Drug Possession Penalty Act of 1986 - Drug Possession Penalty Act of 1986 - Amends the Controlled Substances Act to establish a scale of minimum penalties for first and subsequent possession offenses.
Subtitle C: Juvenile Drug Trafficking Act of 1986 - Juvenile Drug Trafficking Act of 1986 - Amends the Controlled Substances Act to establish penalties for any person at least 21 years of age who employs anyone under 21 in controlled substance trafficking.
Establishes penalties for manufacturing a controlled substance within 1,000 feet of a college.
Subtitle D: Assets Forfeiture Amendments Act of 1986 - Asset Forfeiture Amendments Act of 1986 - Amends Federal law with respect to the forfeiture of assets involved in unlawful controlled substance activities.
Subtitle E: Controlled Substance Analogs' Enforcement Act of 1986 - Controlled Substance Analogs' Enforcement Act of 1986 - Amends the Controlled Substances Act to establish penalties for the manufacture or possession with intent to distribute or the distribution of a controlled substance analog (designer drug) all or part of which is intended for human consumption. Makes unlawful simple possession of such an analog if it is knowing or intentional.
Subtitle F: Continuing Drug Enterprise Act of 1986 - Continuing Drug Enterprises Act of 1986 - Amends the Controlled Substances Act to set forth a minimum life sentence and multimillion dollar fines for individuals or organizations who engage in continuing criminal drug enterprises.
Subtitle G: Contolled Substances Import and Export Penalties Enhancement Act of 1986 - Controlled Substances Import and Export Penalties Enhancement Act of 1986 - Amends the Controlled Substances Import and Export Act to increase the basic penalty for violations (currently a maximum 15 years in prison) to a minimum of five years and a maximum of 40 years in prison, or if death results from use of a substance, 20 years to life in prison. Increases the fine from $125,000 to $2,000,000 for an individual ($5,000,000 for an organization). Sets forth enhanced penalties for subsequent offenses.
Subtitle H: Money Laundering Crimes Act of 1986 - Money Laundering Crimes Act of 1986 - Amends the Federal criminal code to establish criminal penalties for financial transactions involving the proceeds of some form of unlawful activity for the purpose of either facilitating such activity or concealing its nature.
Sets forth procedures for the civil and criminal forfeiture of any property involved in such unlawful financial transactions.
Subtitle I: Armed Career Criminals - Amends the Federal criminal code to provide increased criminal 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/or violent felonies. (Current law provides increased penalties where such a person had multiple convictions for robbery and burglary.)
Subtitle J: Authorization of Appropriation for Drug Law Enforcement - Authorizes additional appropriations for FY 1987 for the Department of Justice for drug law enforcement activities.
(N.B.: No "Subtitle K.")
Subtitle L: State and Local Narcotics Control Assistance - State and Local Law Enforcement Assistance Act of 1986 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Federal Bureau of Investigation (FBI) to make grants to State and local law enforcement agencies for narcotics control assistance.
Subtitle M: Study on the Use of Existing Federal Buildings as Prisons - Requires the Secretary of Defense to provide the Attorney General with a list identifying Federal buildings under the jurisdiction of the Department of Defense which could be used as detention facilities.
Subtitle N: Drug Law Enforcement Cooperation Study - Directs the National Drug Enforcement Policy Board to study Federal drug law enforcement efforts and make recommendations to the Congress.
(N.B.: No "Subtitle O.")
Subtitle P: Narcotic Traffickers Deportation Act - Revises Federal law regarding the deportation of persons convicted of violating controlled substances laws to specify such laws, including the laws of any State, the United States or a foreign country relating to a controlled substance.
Subtitle Q: Federal Drug Law Enforcement Agent Protection Act of 1986 - Federal Drug Law Enforcement Agent Protection Act of 1986 - Allows the Attorney General to pay for information concerning the killing or kidnapping of a Federal drug law enforcement agent.
Subtitle R: Common Carrier Operation Under the Influence of Alcohol and Drugs - Amends the Federal criminal code to provide criminal penalties for operating a common carrier under the influence of alcohol or drugs.
Subtitle S: Freedom of Information Act - Revises the Freedom of Information Act to exempt from its coverage, except in certain circumstances, documents compiled in any lawful investigation of organized crime and informant records maintained by a law enforcement agency under an informant's name or personal identifier.
Subtitle T: Prohibition on the Interstate Sale and Transportation of Drug Paraphernalia - Mail Order Drug Paraphernalia Control Act - Makes it a Federal criminal offense for any person to: (1) use the U.S. Postal Service or any private parcel service as part of a scheme to sell drug paraphernalia; (2) offer for sale and transportation in interstate or foreign commerce drug paraphernalia; or (3) import or export drug paraphernalia.
Subtitle U: Manufacturing Operations - Amends the Controlled Substances Act to make it illegal to knowingly open, maintain, manage, or control a place for manufacturing, distributing, or using controlled substances.
Subtitle V: Controlled Substances Technical Amendments - Makes technical amendments to the Controlled Substances Act and the Comprehensive Crime Control Act of 1984.
Subtitle W: Precursor and Essential Chemical Review - Directs the Attorney General to study and recommend methods to control the diversion of legitimate precursor and essential chemicals to the production of illegal drugs. Requires the Attorney General to report all findings to the Congress.
Subtitle X: Improved Drug Crime Reporting - Requires the Bureau of Justice Statistics to compile and publish comprehensive data on drug trafficking and abuse.
Authorizes appropriations for FY 1987.
Title II: International Narcotics Control - Subtitle A: Strengthening United States Narcotics Control Overseas - Amends the Foreign Assistance Act of 1961 to increase the FY 1987 authorization for assistance for international narcotics control.
Imposes certain restrictions on the provision of U.S. assistance to illicit drug-producing countries and drug-transit countries.
Provides that any aircraft made available to foreign countries for narcotics-related purposes shall be provided only on a lease or loan basis. Requires the Secretary of State to maintain detailed records on the use of such aircraft.
Earmarks a specified amount of FY 1987 international narcotics control assistance for research, development, and testing of safe and effective herbicides for use in the 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.
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 to 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.
Amends the Foreign Assistance Act of 1961 to prohibit participation by any U.S. officer or employee in direct narcotics arrests in foreign countries.
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 Years 1986 and 1987. Requires the executive branch to report to the Congress when the system is established.
Requires the President to prepare an updated assessment of the threat of narcotics trafficking from Africa.
Amends the International Security and Development Cooperation Act of 1985 to place conditions on assistance to Bolivia.
Directs the President to take steps to improve the capability of the executive branch to collect information concerning the links between narcotics traffickers and acts of terrorism abroad. Requires a report to the Congress.
Urges the Secretary of State to increase efforts to negotiate with relevant countries procedures which will facilitate interdiction of vessels suspected of carrying illicit narcotics.
Directs the Director of Central Intelligence to: (1) improve the collection and analysis of foreign drug production sufficiently to produce highly reliable data on drug cultivation, harvest, and yields for each major illicit drug producing country; and (2) make support to anti-drug efforts a Level One Priority in his National Foreign Intelligence Strategy and reflect this priority in the National Foreign Intelligence Program.
Requires the President to transmit biannual reports to the Congress on major illicit drug producing countries and major drug-transit countries. Requires restrictions on U.S. assistance to such countries.
Declares that it shall be U.S. policy to promote the development and implementation of a drug eradication program through multinational development bank assistance.
Subtitle B: Strengthening International Narcotics Control and International Drug Eradication - Declares congressional support for the United Nations General Assembly decision to convene an International Conference on Drug Abuse and Illicit Trafficking.
Calls for 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 on a new draft convention against illicit traffic in narcotic drugs and psychotropic substances.
Urges the President to direct the Secretary of State to enter into negotiations with Mexico to create the Mexico-United States Intergovernmental Commission on Narcotics and Psychotropic Drug Abuse and Control.
Urges Pakistan to adopt and implement a comprehensive narcotics control program. Requires the Secretary of State to report to the Congress with respect to the adoption and implementation of such program.
Urges 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 Drug Trafficking.
Increases FY 1987 authorizations for drug education programs abroad. Requires the Director of the U.S. Information Agency and the Administrator 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.
Title III: Interdiction - Subtitle A: National Drug Interdiction Improvement - National Drug Interdiction Improvement Act of 1986 - Requires the Secretary of Defense to use specified funds to acquire certain equipment and aircraft for drug interdiction assistance activities of the Department of Defense. Requires the Secretary of Defense to make such aircraft available to the U.S. Customs Service.
Directs the Secretary of Defense and the Secretary of Transportation to provide for the assignment of Coast Guard personnel to naval vessels for law enforcement purposes.
Authorizes additional appropriations to the Coast Guard and the U.S. Customs Service for: (1) drug interdiction enhancement; and (2) the establishment and location of command, control, communications and intelligence (C-3I) centers.
Authorizes the establishment of a United States-Bahamas Drug Interdiction Task Force. Authorizes appropriations for such Task Force and for construction of a Coast Guard-Bahamas drug interdiction docking facility.
Authorizes additional appropriations for FY 1987 to the Department of Justice for twin engine helicopters with forward looking infrared radiation detection devices for drug interdiction operations in Hawaii.
Subtitle B: Customs Enforcement - Customs Enforcement Act of 1986 - Part I: Tariff Act Amendments - Amends the Tariff Act of 1930 to establish certain entry and reporting requirements for aircraft, vessels, vehicles and individuals arriving in the United States and the Virgin Islands. Sets forth penalties for violations of such requirements.
Makes aviation smuggling illegal. Establishes civil and criminal penalties for such violations.
Provides for seizure and forfeiture of conveyances subject to penalty for customs violations.
Authorizes the issuance of search warrants for places suspected of containing: (1) merchandise brought into the United States unlawfully; (2) property subject to forfeiture under the customs laws; or (3) evidence of customs violations.
Authorizes the seizure and forfeiture of smuggled merchandise.
Provides that compensation for informers shall not exceed 25 percent of the amount recovered (current law requires that such compensation equal 25 percent of such recovery.)
Authorizes the Secretary of Transportation 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.
Sets forth certain requirements with regard to commercial cover and undercover investigative operations of the U.S. Customs Service, including: (1) the use of authorized funds; (2) the liquidation of corporate and business entities established or acquired as part of an undercover operation; (3) the deposit of proceeds from such operations; and (4) the conduct of financial audits of each undercover operation.
Part II: Miscellaneous Provisions - Amends Federal law with regard to: (1) recreational vessels and customs regulations; (2) authority of customs officials to demand assistance of any person in making an arrest; (3) reporting requirements on the export and import of monetary instruments; and (4) smuggling investigations.
Part III: Amendments to the Controlled Substances Import and Export Act - Amends the Controlled Substances Import and Export Act to make it unlawful for any U.S. citizen on board any aircraft, or any person on board an aircraft owned by a U.S. citizen or registered in the United States, to manufacture, distribute, or possess with intent to manufacture or distribute a controlled substance.
Part IV: Amendments to the Criminal Code - Sets forth criminal penalties for operating an aircraft without lights and for illegal fuel installations aboard aircraft.
Subtitle C: Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 - Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 - Makes it unlawful, with specified exceptions, for any person on board a U.S. vessel or a vessel subject to U.S. jurisdiction to knowingly or intentionally manufacture, distribute, or to possess with intent to manufacture or distribute, a controlled substance. Sets forth penalties for violations of this Act. Subjects to seizure and forfeiture any property used in a violation of this Act.
Subtitle D: Reports on Department of Defense Drug Control Activities - Requires the National Drug Enforcement Policy Board to submit a report to specified congressional committees on the manner and extent to which the Department of Defense should be involved in narcotics law enforcement activities.
Requires the Secretary of Defense to submit a report to specified congressional committees containing a discussion of: (1) the extent to which students enrolled in schools operated by the Department of Defense are receiving drug and substance abuse education; and (2) the extent to which such education should include peer counseling classes.
Subtitle E: Driving While Impaired by Drug Intoxication to be Punishable Under the Uniform Code of Military Justice - Amends the Uniform Code of Military Justice to include driving under the influence of drugs as an offense.
Subtitle F: Drug Interdiction Assistance to Civilian Law Enforcement Officials - Allows the Department of Defense to provide certain assistance to civilian law enforcement personnel.
Subtitle G: Air Safety - Amends the Federal Aviation Act of 1958 to allow States to establish criminal penalties for certain activities involving aircraft registration certificates. Requires the operator of an aircraft to make the aircraft's certificate of registration available for inspection by any law enforcement officer.
Imposes criminal penalties on certain violations in connection with: (1) aircraft registration; and (2) the air transportation of controlled substances.
Requires any person having an ownership interest in any aircraft to report any transfer in ownership of such aircraft.
Subtitle H: Communications - Allows the Federal Communications Commission to revoke the license of any person found to have used such license to distribute controlled substances.
Subtitle I: Drug Law Enforcement Cooperation Study - Directs the National Drug Enforcement Policy Board, to study Federal drug law enforcement effors and make recommendations to the Congress.
Subtitle J: Drug Interdiction - Permits the use in an emergency as a base of operations outside the U.S. land area by Federal law enforcement officials of equipment operated by or with the assistance of Department of Defense personnel: (1) to facilitate enforcement of drug laws; (2) to transport such officials in connection with such operations, including hot pursuit of vessels or aircraft into U.S. land areas. Permits the use of such equipment to intercept such vessels or aircraft for identification and monitoring purposes, but not to interdict or interrupt them.
Title IV: Demand Reduction - Subtitle A: Treatment and Rehabilitation - Alcohol and Drug Abuse Amendments of 1986 - Amends the Public Health Service Act to authorize appropriations for FY 1987 for alcohol, drug abuse, and mental health grants. Provides for special allotments to States for alcohol abuse and drug abuse treatment and rehabilitation programs. Requires States to use certain amounts of such funds for innovative community based programs directed toward high risk youth. Mandates the transfer of certain funds to the Administrator of Veteran's Affairs for outpatient programs for veterans. Revises allotment procedures applicable to Indian tribes.
Declares that it is the sense of the Senate that, if possession or distribution of a drug is an offense under the Controlled Substance Act, State laws should not be amended to make possession or distribution not a criminal offense.
Directs the Secretary of Health and Human Services to appoint an advisory council for the National Institute on Alcohol Abuse and Alcoholism, for the National Institute on Drug Abuse, and for the National Institute of Mental Health.
Directs the Secretary, acting through the Administrator of the Public Health Service, to take certain actions to expedite research on public health emergencies.
Authorizes appropriations for FY 1987 for research grants.
Declares that it is the sense of the Senate that the Public Health Service should conduct studies on the health effects of alcohol consumption.
Directs the Secretary to develop and publish information on the causes of suicide and the means of suicide prevention.
Directs the Secretary to prepare and report to the Congress a comprehensive national plan to combat drug abuse.
Requires the Secretary, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA), to establish a clearinghouse for alcohol and drug abuse information.
Directs the Secretary to study and report to the appropriate congressional committees on alkyl nitrites.
Directs the Secretary, acting through ADAMHA, to establish a new administrative unit to administer alcohol abuse and drug abuse programs.
Subtitle B: Drug-Free Schools and Communities Act of 1986 - Drug-Free Schools and Communities Act of 1986 - Authorizes appropriations for FY 1987 through 1990 for payments to States to assist their efforts to educate concerning, and to prevent, drug use and alcohol abuse through school and community based programs.
Declares that it is the sense of the Senate that the Motion Picture Association of America should label pro-drug films.
Subtitle C: Indians and Alaska Natives - Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 - Part I: General Provisions - Sets forth the purposes 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 develop and enter into a Memorandum of Agreement to better coordinate the provision of alcohol and substance abuse treatment and prevention services for Indians.
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 drug abuse among its members.
Establishes within the Office of the Assistant Secretary of Indian Affairs an Office of Alcohol and Substance Abuse. Establishes the position of Indian Youth Programs Officer.
Requires the Secretary of the Interior to publish an alcohol and substance abuse newsletter to report on Indian alcohol and substance abuse projects and programs.
Part III: Indian Youth Programs - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review Federal, tribal, State, local, and private programs: (1) providing educational services to Indian children; (2) providing family and social services for Indians; and (3) relating to youth employment, recreation, cultural, and community activities.
Requires the Assistant Secretary of Indian Affairs to develop and implement pilot programs in selected schools funded by the Bureau of Indian Affairs which further the purposes and goals of this Act.
Allows 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 their law enforcement officers to place any Indian youth arrested for alcohol or substance abuse in such shelter or half-way house. Authorizes appropriations for FY 1987 through 1989 for the construction, 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 IV: Law Enforcement and Judicial Services - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review Federal, tribal, State, and local programs providing law enforcement or judicial services for Indian tribes.
Directs the Secretary of the Interior to provide assistance to the Papago Tribe of Arizona for the investigation and control of illegal narcotics traffic on the Papago Reservation. Authorizes appropriations for FY 1987 through 1989.
Part V: Bureau of Indian Affairs Law Enforcement - 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.
Allows the Secretary of the Interior to charge any officer or employee of the Department of the Interior with law enforcement responsibilities for the purposes of maintaining law and order and protecting property and persons within Indian country.
Directs the Secretary of the Interior to establish a training program in the investigation and prosecution of offenses relating to illegal narcotics and in alcohol and substance abuse prevention and treatment for specified personnel.
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 every Indian youth arrested or detained for alcohol or substance abuse offenses.
Directs the Secretary of the Interior to construct or renovate and staff juvenile detention centers. Authorizes appropriations for FY 1987 through 1989.
Requires the Secretary of the Interior to: (1) provide for the development of a Model Indian Juvenile Code; and (2) compile data regarding cases involving Indians where alcohol or substance abuse is determined to be a contributing factor.
Part VI: Indian Alcohol and Substance Abuse Treatment and Rehabilitation - Requires the Secretary of the Interior and the Secretary of Health and Human Services to review health service programs for Indians. Sets forth Indian Health Service responsibilities, which include providing a comprehensive alcohol and substance abuse treatment program.
Requires the Secretary of the Interior to develop and implement a program for: (1) acute detoxification and treatment for Indian youth who are alcohol and substance abusers; and (2) community education and training in treating alcohol and substance abuse. Authorizes appropriations.
Directs the Secretary of Health and Human Services to 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. Authorizes appropriations for FY 1988 through 1990.
Requires the Secretary of Health and Human Services to compile data regarding Indian Health Service involvement in cases or incidents which involved alcohol or substance abuse.
Subtitle D: Action Grants - Amends the Domestic Volunteer Act of 1973 to authorize a special initiative (including action grants) to increase volunteerism in preventing drug abuse. Authorizes appropriations for 1987 through 1989.
Title V: Anti-Drug Trust Fund - Amends the Internal Revenue Code to establish an Anti-Drug Trust Fund to provide for expenditures to carry out the Drug Enforcement Act of 1986.