MEETING TO SETTLE ADMINISTRATION POSITION ON DRUG BILL PROVISIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001500090009-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 237
• Document Creation Date: January 4, 2017
• Document Release Date: August 23, 2012
• Sequence Number: 9
• Publication Date: August 10, 1988
• Content Type: MEMO

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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 WA -
OCA 2638/88
August 10, 1988
LEGISLATIVE REFERRAL MEMORANDUM
SPECIAL
Department of Justice -
Department of Agriculture
Department of Education
Department of Labor
Department of Housing and Urban Development
Department of Commerce
Department of Transportation
Department of the Treasury
Department of State
Department of Health & Human Services
Department of Defense
Department of the Interior
National Drug Policy Board
Central Intelligence Agency
Office of Personnel Management
Environmental Protection Agency
National Security Council
U.S. Postal Service
Veterans Administration
SUBJECT: Meeting to Settle Administration Position on Drug
Bill Provisions
An all-day meeting will be held on Friday, August 12th to'resolve
any outstanding differences between the departments and agencies
as to what should be the Administration's positions on the
hundred-odd provisions in the drug bills currently before the
Congress. This meeting was called for by the National Drug
Policy Board Drug Bill Coordinators, and the results of the
meeting will be presented to them. It is essential that you be
represented by someone with authority to speak for your
department or agency on any issues that affect it. A schedule
for the meeting is attached. You need attend only those portions
of the meeting that directly affect your department or agency,
but you are free to attend any others that you like.
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During the meeting, we will page through the Drug Book (attached)
one provision at a time, focusing on the description of
Administration Position for each provision. You should be
prepared to give your sign off to the wording as it currently
appears in the Book, or have alternative language that your
Department wishes to insert. Should any department or agency
wish to change the wording as it currently appears, the proposed
change will be discussed and agreed to or amended as necessary to
reach consensus on the Administration's position. In other
cases, the current wording is too general or uninformative, and
in such cases you may be asked to amplify upon it.
If at all possible, Friday's meeting is intended to produce a
consensus statement of Administration Position on nearly all the
provisions. Therefore, department or agency representatives
should be prepared to negotiate wording. For those few
provisions for which we are unable to reach a consensus position,
a second meeting will be held on August 19th with Department
policy officials.
The August 12th meeting will be held in Room 476, Old Executive
Office Building. For clearance into the building, the full name
and date of birth for all attendees should be called in by
Thursday noon (395-3914). Attendance will be strictly limited to
no more than three representatives per department or agency.
Any questions can be addressed to Frank Kalder at 395-3914.
Assistant'Directoor
Legislative Reference
cc: Frank Kalder
Lana Hurdle
John Carnevale
Tracy Davis
Karen Wilson
Jim Fish
Eric Hampl
Larry Matlack
Todd Gramms
Donna Fossum
Kathy Burchard
Fred Colgan
Dick Eisinger
Kevin Cummings
Gary Waxman
Arnie Donohue
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DRUG BOOK COORDINATION MEETING
August 12, 1988
Room 476 -- Old Executive Office Building
Drug Book Section Time Departments/A encies
V 9:30-12:00 DOJ, TR, DOT, DOS, AG,
INT, DOD, OMB, Postal
Service, DCI, NSC,
FCC, EPA, OPM
VI 1:00-2:00
III & IV 2:00-3:30
VII 3:30-4:30
I & II 4:30-5:30
ODS, DOJ, TR, DOT,
DOD, NSC, OMB
DOJ, TR, DOT, DOS,
OMB, AG, INT, DOC,
DOD, EPA, OFPP
OMB, TR, DOJ, DOT
HHS, DOJ, AG, OMB,
ED, DOL, DOT, HUD,
OFPP, VA
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August 8, 1988
ADDENDUM # 2
Please replace the entire drug book dated July 25, 1988 (index pages dated July 28, 1988)
with the one attached, dated August 8, 1988.
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I. TREATMENT, EDUCATION & PREVENTION
A. Treatment
DRUG BILL ANALYSIS SUMMARY
Senate House White House
Byrd Dole DeConcini Wright Michel NDPB Conference
HHS
Lead Dept;
Others Category
Treatment Grants:
- Waiting Time Reduction .............
X
x
x
x
x
HHS; OMB
A
Support Groups .....................
X
x
x
x
HHS; OMB, DOJ
A
- High Risk Groups ...................
X
x
x
x
x
HHS; OMB, DOJ
A
- Expectant mothers ..................
X
x
x
x
AG; HHS, OMB
A
- Penal System .......................
X
x
x
x
HHS; DOJ, OMB
A
Other ..............................
X
x
x
x
x
x
HHS; OMB
A
Evaluation of Treatment Programs.......
X
x
x
x
X
X
Reauthorizes/Amends ADAMHA Block Grant
HHS; OMB
A
Note: Blanks - no provision X - provision
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Lead Agency: HHS
Others: OMB
TREATMENT GRANTS -- WAITING PERIOD REDUCTION
********************************************
August 8, 1988
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Permits States to use up to 40% of their block grant funds for construction and renovation
of facilities. (Sec. 412-413)
gill: Byrd (S. Senate Dem.)
General policy statement that bill is intended to increase to maximum extent possible the
availability of treatment services. Secretary may grant waiver to State to use funds for
purchase and construction of facility or for renovation. (Title III Sec. 3002)
Bill: Wright (H.R. House Dem.)
Authorizes $100M for grants to provide one-time "seed money" to existing treatment
facilities with extensive waiting lists. (Energy and Commerce)
Bill: Michel (H.R. 4842 House Rep.)
Under certain conditions, authorizes $100 million to be used for grants to public and
nonprofit private entities for expansion of programs designed to treat drug abuse. (Sec.
1041)
Bill: Dole (S. Senate Rep.)
Authorizes an additional $20 million for States to acquire, renovate, or construct
substance abuse facilities for drug dependent offenders. (Title IV, Sec. 4402)
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White House Conference for a Drug Free America
Federal, State, and local governments must take immediate steps to increase drug treatment
capacity.
National Drug Policy Board
Administration Position
The Alcohol, Drug Abuse and Mental Health Block Grant is the most efficient and effective
way of supplying states with Federal funds to provide treatment, prevention and
rehabilitation of persons who are drug abusers. We strongly disagree with allowance for
the use of Federal funds for construction. Under existing law states are permitted to use
Federal funds for renovation of facilities but not construction. The Federal Government
nationwide accounts for 17 to 20 percent of funds spent on substance abuse treatment with
states paying the remainder. In addition to the inappropriate use of Federal treatment
funds, we are not sure what administrative burden the ability to use funds for
construction would place on us with respect'to the properties purchased or constructed
with Federal monies.
Status
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Lead Agency: HHS
Others: OMB, DOJ
TREATMENT GRANTS -- SUPPORT GROUPS
**********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
August 8, 1988
Bill: Byrd (S. Senate Dem.)
State may use funds for support services such as seeking employment, family counseling and
other rehabilitative programs. (Title III, Sec. 3016)
Bill: Wright (H.R. House Dem.)
Authorizes $30 million for FY 1989 and "such sums" for next 2 fiscal years; grants to
provide youth and their families access to education, treatment, prevention and referral
services. Also provides for community counseling and outreach, training, etc. -- this
portion is authorized at $15 million for FY 1989 and "such sums" subsequently. Also
creates a National Youth Sports Program -- authorized at $15 million - FY 1989: $17
million FY 1990 and $20 million - FY 1991. (H.R. 4872, Title IV, Title VII)
Bill: Michel (H.R. 4842 House Rep.)
Authorizes $18 million to be used for grants to establish support groups and counseling
and referral services for the parents and families of drug abusers. (Sec. 1043)
Bill: Dole (S. Senate Rep.)
Provides $5 million for two years to expand volunteer efforts to support community
anti-drug abuse efforts. The bill also lifts the cap on three-year funding of
community-based volunteer efforts. (Title IV, Sec. 4406)
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White House Conference fora Drug Free America
The establishment and support of parent groups should be a priority for all communities.
National Drug Policy Board
Administration Position
Under existing law within the ADAMHA block grant, the states have the authority to provide
these types of services.
Status
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Lead Agency: HHS
Others: OMB,DOJ
TREATMENT GRANTS -- HIGH RISK GROUPS
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
August 8, 1988
Bill: Byrd (S. Senate Dem.)
Provide for demonstration projects for certain high risk youth -- those who are poor
students and those who have experienced long term physical pain. (Sec. 3023, 3027)
Provide for five demonstration projects focusing on treatment and referral services in
areas where there is high substance abuse and high incidence of drug-related criminal
activities. At least three of the projects must focus on services for adolescents,
minorities and women with infant children.
Provides for Comprehensive Community Prevention Initiatives with priorty given to high
risk youth groups. (Sec. 3029, 3044)
Provide funding to target drug abuse treatment services to areas where I.V. drug use is
creating a high risk of AIDS.
Bill: Wright (H.R. House Dem.)
Allows programs for high risk youth provided by Governor's program. Also authorizes grant
program under OJJDP to runaway and homeless youth -- for $15 million - FY 1989. Amends
Domestic Volunteer Service Act to give priority to projects targeted at high risk youth
for $5 million FY 1989-91. (H.R. 4782, Title V, Title VII)
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Bill: Michel (H.R. 4842 House Rep.)
Authorizes $16.5 million for grants to support prevention, treatment, and rehabilitation
model projects for high risk groups. (Sec. 1043)
Bill: Dole (S. Senate Rep.)
Provides for the continuation of the Office of Substance Abuse Prevention with funding of
$45 million. $29.5 million will be available for targeted education, prevention and
treatment efforts for youth at high-risk for substance abuse. (Title IV, Sec. 4203)
Reaffirms Senate support of S. 1220 which provides $75 million for substance abuse
treatment for IV-drug abusers who are at high-risk of contracting AIDS. (Sec. 4409)
White House Conference for a Drug Free America
National Drug Policy Board
Increase the commitment of resources targeted at high risk youth (low income families,
runaways, drop outs, products of dysfunctional families, juveniles in the criminal justice
system) through a range of community based and joint programs including public-private job
opportunity and educational assistance programs.
Administration Position
We support continuation and emphasis on the High Risk Youth Demonstration Projects to
focus energies and resources on youths at risk of becoming substance abusers.
OMB is concerned that the amount of funding increase not break the Bipartisan Budget
Agreement.
DOJ opposes the Byrd provisions and the Dole bill provisions. The Wright bill provisions
and Michel bill provisions are not objectionable assuming funding is consistent with the
Bipartisan Budget agreement. Modifications of these provisions would,apprear preferable.
Status
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Lead Agency: Agriculture
Others: HHS, OMB
TREATMENT GRANTS -- EXPECTANT MOTHERS
*************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
August 8, 1988
Bill: Byrd (S. Senate Dem.)
Grants for demonstration projects targeted at women with infant children. (Sec. 3027)
Bill: Wright (H.R. House Dem.)
Authorizes Secretary of Agriculture to study methods of incorporating drug education into
the Women and Infant Children (WIC) program -- authorized at $10 million for FY 1989.
Provides demonstration programs targeted at pregnant and postpartum women. Amendments to
H.R. 4782, Title VI. (Amendments to H.R. 4907, Sec.9, Sec. 8, and Sec. '11)
Bill: Michel (H.R. 4842 House Rep.)
Amends the Public Health Service Act to provide grants for demonstration projects for
expectant mothers in settings other than hospitals. (Sec. 1045)
Bill: Dole (S. Senate Rep.)
White House Conference for aDrug Free America
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National Drug Policy Board
Encourages treatment for pregnant women who use illegal drugs.
Administration Position
The Department of Health and Human Services has no objections to focusing resources on
drug abusing pregnant women except if it is done as a set aside of NIDA research and
demonstration monies.
Status
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August 8, 1988
Lead Agency: HHS
Others: DOJ, OMB
TREATMENT GRANTS -- PENAL SYSTEM
********************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Establishes a "National Advisory Panel on Prison Rehabilitation Programs'," consisting of 5
members, appointed by BJA and the Congress; gives the Panel "Oversight responsibility for
the daily operations" of a proposed national training center for prison officials running
drug rehabilitation programs. (Sec. 704).
Bill: Byrd (S. -- Senate Dem.)
Bill: Wright (H.R. -- House Dem.)
Allows States to use funds for drug abuse education and prevention for prison inmates.
(H.R. 4782, Title III)
Bill: Michel (H.R. 4842 --.House Rep.)
Bill: Dole (S. -- Senate Rep.)
.Reauthorizes.$166 million, and authorizes $234 million (attached to the.ADMS block grant).
$100 million will be set-aside for treatment programs for individuals within the criminal
justice system. (Title IV,4105)
White House Conference for a Drug Free America
All jails and prisons should establish drug-treatment programs.
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National Drug Policy Board
Administration Position
We support focusing resources on parole and probation populations and are willing to
provide technical assistance to Department of Justice on setting up standards within their
system to encourage people to move into treatment. HHS already assists States which have
the authority to use the funds for their own priorities. We disagree with earmarking
monies within the block grant for this purpose and suggest some other mechanism for
funding this initiative if monies are approved. We strongly disagree with the Republican
Senate version that earmarks $100 million of appropriated funds under the ADTR block
grant. Such an earmark constrains States from using the monies to focus on their
priorities. For fiscal year 1989 the President has asked for $166 million for the ADTR
which is not much different than the 1988 level. States have already allocated those
funds for programs given priorities.
As stated before, 0MB is concerned that monies. being spent on treatment fall within the
Bipartisan Budget Agreement, focus on effective treatment modalities, and do not infringe
on the integrity of the block grant.
DOJ opposes the DeConcini provisions as duplicative and containing inappropriate
organizational structures.
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August 8, 1988
Lead Agency: HHS
Others: OMB
TREATMENT GRANTS -- OTHER
**************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Makes minor amendments to the Public Health Act with respect to grants for assistance to
drug abusers (e.g., by allowing funds to be used for treatment of certain otherwise
ineligible persons). (Sec. 401).
Bill: Byrd (S. -- Senate Dem.)
Establishes office of Assistant Director for Special Populations. (S. 3061)
Bill: Wright (H.R. -- House Dem.)
Establishes prevention and educational programs for youth gangs -- authorized at $30
million for FY 1989 and "such sums" subsequently. Establishes Director of Special
Populations to provide priority services to specific targeted groups. (H.R. 4782,
Title V)
Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. --Senate Rep.)
Establish Office of Associate Director for Special Populations -- targeted at women and
minorities. (Title IV, Sec. 4401)
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White House Conference for a Drug Free America
State and local governments should ensure that funds are made available for all
court-ordered treatment.
National Drug Policy Board
Increase commitment to discretionary federal grants for State and local treatment programs
using a 1/3-1/3-1/3 matching funds formula among federal, state and local authorities.
Administration Position
HHS disagrees with the establishment of separate Offices of Special Populations in NIDA
and NIAAA. We are concerned about the recommendation of a 1/3 - 1/3 - 1/3 match among
Federal, state and local governments. If a match within the grant programs is to be used,
the match should be between the Federal and state governments and then allow the states to
require local government participation. ADMS and ADTR grants have never had a matching
requirement.
DOJ defers to HHS and OMB on S. 2205 provisions. DOJ opposes the Byrd, Wright and Dole
bill provisions as drafted.
Status
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Lead Agency: HHS
Others:
EVALUATION OF FUNDED TREATMENT PROGRAMS
***************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
August 8, 1988
Bill: Byrd (S. Senate Dem.)-
Title III Sec. 3014 requires NIDA to collect data on number, type, characteristics,
success, ratios, etc. of treatment programs-- requires HHS to report to Congress on types
and range of treatment programs. Secretary to establish within NIDA an office of Drug
Treatment Evaluation. Requires evaluation of education and prevention efforts. (Sec.
3014/3025, 3025, 3029)
Bill: Wright (H.R. House Dem.)
Requires evaluation of drug and alcohol treatment and education programs. (H.R. 4872,
Sec. 1002)
Bill: Michel (H.R. 4842 House Rep.)
Requires the HHS Secretary to provide for independent evaluation of both Federallay funded
drug treatment programs and research programs on treatment methods. Requires the Secretary
to provide a report on this evaluation to Congress within 1 year of enactment of this
section. (Sec. 1042)
Bill: Dole (S. Senate Rep.)
Restricts federal funding of State treatment programs to programs which are shown to be
effective by the States under guidelines set by the Secretary of HHS and based on a study
by the Institute of Medicine. (Title IV, Sec. 4103, 4206)
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Requires the Secretary of Health and Human Services to report to Congress on the range of
treatment programs for drug abuse mandated under this Act. A method of measuring the
effectiveness of these programs shall be developed by the Secretary and the results of
such evaluations reported.
White House Conference for a Drug Free America
The Federal Government-through the Alcohol, Drug Abuse and Mental Health Administration
(ADAMHA) should develop a standardized, objective method for determining drug treatment
outcome and objective measures for assessing drug treatment success.
Funds for drug treatment programs should be based primarily on their efficacy and
efficiency, and'on the percentage of clients who remain drug-free following treatment.
An independent organization should evaluate the efficacy of methadone treatment.
An independent evaluation of the National Institute on Drug Abuse should be conducted.
National Drug Policy Board
Expand demand side intelligence collection to include information on (a) treament capacity
and (b) evaluation of effectiveness of programs, particularly those aimed at crack/cocaine
addiction.
Administration Position
While'the most efficient and effective way of collecting data would be through the block
grant, HHS feels that there is sufficient interest among the states to cooperate with us
in collecting data on treatment efforts. We support some of the provisions in both Senate
versions on Data Collection. We recommend strongly that they focus on the type of reports
they are looking for and leave the data elements to be collected and time frames for
performance up to the Secretary. Funding in this area is critical. Standards should be
phased in based on clinical research findings matching clients to treatment approaches.
As%to the proposal to have yearly household and senior class surveys, trends do not change
on.a yearly basis, such surveys are very expensive, and administratively it takes over a
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year to process and analyze the data. Suggest that between household and senior class
surveys the opportunity be used to collect different data through surveys, for example, on
dropouts or college students who are missed in the present surveys.
Status
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August 8, 1988
Lead Agency: HHS
Others: OMB
REAUTHORIZATION AND AMENDMENTS TO ALCOHOL,
DRUG ABUSE AND MENTAL HEALTH (ADAMHA) SERVICES BLOCK GRANT
**********************.************************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Title III, section 3011 -- authorizes ADMS block grant as follows: FY 1988 - $550.5
million; FY 1989 - $700 million; FY 1990 - $868 million; FY 1991 - $952 million.
Section 3013 -- not less than 35% of funds are to go for programs related to drug abuse.
Bill: Wright (H.R. -- House Dem.)
Establishes three State block grant programs to replace ADMS grants. They include:
1) $350 million for Community Mental Health Block Grant; 2) $475 million for Alcohol and
Drug Abse Grant; and 3) $250 million for AIDS Block Grant. Detailed formula distribution,
with set asides for specific activities mandated. (Amendments to H.R. 4907, Sec. 3)
Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
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Reauthorizes and continues the Alcohol, Drug Abuse and Mental Health Services block grant.
The funding of the ADAMHA block is increased to $550 million of which at least 35 percent
must be used for drug abuse treatment programs. (Title IV, Sec. 4101)
White House Conference for aDrug Free America
National Drug Policy Board
Administration Position
We support the authorization of the block grant and the merging of the ADMS and ADTR
programs. This is the existing and most appropriate mechanism for funneling federal
treatment funds to the states. Additional funds are needed for substance abuse treatment.
A formula must be devised to see that this increase does not inadvertently accrue to
mental health services,-and meets the needs of identified specific drug abuse populations.
0MB agrees with the reauthorization and the merging of the two block grant programs. It
is concerned, however, that authorization levels are far in excess of the Bipartisan
Budget Agreement and that we would increase funding without knowing which modalities are
better equipped to deal with drug abusers.
Status
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Senate House White House Lead Dept;
Byrd Dole DeConc n Wright Mich-e1 NDPB Conference Others Catego]
B. Education & Prevention
Drug-Free Workplace ................... X x x x
Drug-Testing - Criminal Justice System
Drug-Free Schools ..................... X X X X
Drug-Free Housing ..................... X X
Demand-Side Intelligence Collection... X X
Public Awareness Campaigns............ X x
Glamorization of Drugs by the Media...
Native American Program ...............
Withholding of Mass Transit Funds.....
Increased, Research - Demand Side...... X X
Note: Blanks - no provision X - prow son
X X X DOJ; HHS,OFPP, A
DOL, DOT
X X X DOJ; HHS C
HHS; 0MB A
DOT; DOJ B
X HH_S; DOJ B
X HHS
X ED; OMB, HHS A
X HUD; DOS, 0MB B
HHS; ED, 0MB 8
X HHS; DOJ C
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Lead Agency: DOJ
Others: HHS, OFPP, DOL
DRUG FREE WORKPLACE
*******************
August 8, 1988
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Prohibits a private employer from hiring, firing, or taking adverse action against an
employee on the basis of a drug test, unless the test was conducted by a laboratory
meeting certain guidelines promulgated by HHS. (Sec. 801)
Bill: Byrd (S. Senate Dem.)
Requires all firms seeking Federal contracts to establish a drug free workplace policy;
upon a substantial number of employee drug convictions, a company may become ineligible
for further Government contracts or aid. (Title I, 1013 - 1018)
Bill: Wright (H.R. House Dem.)
Conditions receipt of Federal contract or grant upon maintenance of a drug free workplace.
Company must show that it: 1) published a written statement prohibiting drug use 2)
established a drug free awareness program 3) employees must notify employer of any drug
conviction 4) sanctions on employees who violate provisions. Contractor can be suspended
if: 1) no good faith effort to comply is shown 2) false certification is given 3)
contractor fails to carry out above provisions. (HR. 4719, Sec. 2 et seq.)
Bill: Michel (H.R. 4842 House Rep.)
Directs each Federal agency engaged in extending Federal assistance or entering into
contracts to require recipients to "maintain a drug free workplace or activity". "A good
faith effort" is sufficient to comply with this requirement. The President or his designee
will coordinate the activites of all the Federal agencies to ensure consistent
implementation. (Sec. 1021)
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Bill: Dole (S. Senate Rep.)
Conditions receipt of any federal contract or assistance upon maintenance of a drug-free
workplace. (Title I, Sec. 1013 et seq.)
Authorizes HHS, DoL, and Justice to develop non-binding guidelines for employers and
employees who desire drug-free workplaces.
Expands OSHA authority to ensure drug-free workplaces, including the designation of drug
use in the workplace as an occupational safety or health hazard, and data collection on
the use of drugs in the workplace. (As a component of OSHA accident investigations, the
agency could conduct mandatory drug tests to determine whether drug abuse contributed to
the accident.)
Amends the Rehabilitation Act of 1973 to specify that, for purposes of employment
protections, the illegal use of a controlled substance shall be considered to be prima
facie evidence of the endangerment of self or co-workers.
Requires mandatory drug testing for Members of Congress and Congressional employees.
Authorizes $5 million for incentive grants to employers to develop employee assistance
programs for drug-abuse treatment.
Authorizes $15 million for OSHA enforcement and investigation to ensure a safe and healthy
workplace.
White House Conference for a Drug Free America
Every private and public workplace must have a strong antidrug work policy that covers
every employee. Federal, State and local governments should encourage such policies.
Labor unions and employee.asociations must promote a drug-free life-style among their
membership and in their communities.
The Small Business Administration, with the support of other appropriate Federal agencies
and private organizations, must help small businesses adopt and implement drug-free
workplace policies.
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The Secretary of Commerce should direct an effort by business and trade associations to
work together and with the community to promote a drug-free workplace.
Workplace liability and health insurers and worker's compensation carriers should consider
offering reduced premiums, associated with the reduced risk, for companies adopting
antidrug policies and programs.
Any comprehensive health insurance plan should make available coverage for illegal drug
use treatment and rehabilitation programs.
National Drug Policy Board
Requires private sector companies that receive federal funds to have drug free workforce
(note: "force") plans consistent with the goals and objectives of Executive Order 12564.
Encourage and expand assistance for non federal drug free workforce programs to include
technical assistance, public outreach, and a clearinghouse for drug free workforce
information. 1
Administration Position
The Administration supports conditioning the receipt of Federal contracts or grants upon
the maintenance of a drug free workplace and strongly urges employers to put into place an
anti-drug program that includes mandatory testing for drug use. However, we note
practical concerns with requiring all tests to meet HHS guidelines, especially tests
conducted in the field. Moreover, many well intentioned provisions such as those in S.
2205 would limit and restrain private sector efforts and should be opposed. Specific
provisions must be assessed specifically for paperwork, Federalism, and legal
implications, particularly with regard to impact on existing collective bargaining
agreements.
Bills which intend to withold Federal "assistance" or "benefits" from employers without
adequate Drug Free Workplace programs should clearly specify that the provisions-in
question apply to businesses, institutions, etc., and not to individuals/non-empolyers.
In the alternative, they should specify how provisions, if any, which apply to individuals
are to be read in tandem with other statutory provisions which deny other Federal benefits
-- e.g., certain veterans benefits -- on the basis of prior criminal convictions.
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Concerning the denial of Federal contracts, such provisions should not require agencies to
rescind existing contracts., and should authorize agencies to waive the bar against
contracting when necessary to avoid damage to the agency's vital missions.
On the issue of barring Federal contracts to businesses, institutions, etc. which do not
put adequate Drug Free Workplace programs into effect, VA concurs with DOJ's observations
concerning difficulties associated with the enforcement and administration of such bars.
DOJ,strongly opposes the provisions of S. 2205. DOJ has no objection to the Byrd bill
provision requiring firms to establish a drug free policy but opposes related Byrd bill
provisions; DOJ opposes the Wright bill provisions and most of the Dole bill provisions,
particularly those which would limit private sector flexibility by applying structured
applicable to government action to private actions or by conflicting with existing
collective bargining agreements. Moreover, these provisions raise a variety of Federalism
and paperwork reduction concerns.
State notes that certain of the drug free workplace provisions could apply to the programs
of State's Bureau of International Narcotics Matters, which are operated in foreign
countries. AID projects and State's anti-terrorism programs could also be affected. The
statute should make clear that these provisions are intended to apply to domestic work
situations.
Status
The Department of Transportation will be teptifying before the House Merchant Marine and
Fisheries Committee on August 10, 1988, on its proposed rule for merchant mariners.
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Lead Agency: DOJ
Others: HHS
DRUG TESTING -- CRIMINAL JUSTICE SYSTEM
**********************,~****************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
August 8, 1988
Bill: Wright (H.R. House Dem.)
Drug Testing for certain arrestees, probationers and parolees (more limited than Michel
bill). (H.R. 4916, Title XII)
Bill: Michel (H.R. 4842 House Rep.)
Requires mandatory drug testing of all arrestees for Federal drug related offenses and as
a condition of parole. Directs probation officers to conduct random drug testing of
probationers. (Sec. 1031-1033)
Bill: Dole (S. Senate Rep.)
Provides for drug tests as a condition for parole or probation with revocation of parole
or probation, upon a finding of drug use. Requires testing of all individuals on
probation, parole (approximately 74,800) or supervised release on a random basis with
everyone being tested at least once every 30 days. Tests to be financed by user fees.
(Title II, Sub. D)
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White House Conference for a Drug Free America
Criminal justice personnel should test all persons in their custody for illicit drug use,
and the results of those tests should be used to make determinations regarding pretrail
release, probation, and parole.
Criminal justice agencies should adopt a strong antidrug policy for their employees,
including appropriate forms of drug testing.
Persons found to be using drugs while incarcerated should not be eligible for early
release.
National Drug Policy Board
Establish in prison and probation/parole systems (a) drug free policy and (b) system of
sanctions and incentives to discourage drug use, using drug testing as a measure of drug
free status; establish facilities and programs for those drug users unwilling or unable
to quit drug use with lesser sanctions.
Administration Position
DOJ has no substantive objections to the Michel bill provisions but believes drafting
problems need to be corrected. DOJ opposes the Dole provisions absent a home detention
provision or increases in detention factilites, as presenting a problem in increasing the
pressure on prison facilities. Other provisions would benefit from modification but are
not objectionable.
Status
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Lead Agency: ED
Others: OMB, HHS
DRUG FREE SCHOOLS
*****************
August 8, 1988
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Makes various changes in grant procedures under the Drug Free Schools Act (e.g., by
increasing State reporting requirements). (Sec. 423-430)
Bill: Byrd (S. Senate Dem.)
Amends Drug Free Schools and Communities act to authorize $445M for FY 1989, $385M -
FY 1990, $423.5 million for FY 1991, $465.8 million for FY 1992, and $512 million for FY
1993. Programs to include training, counseling, referral and outreach. States to submit
regular report on effectiveness of programs. (Sec. 3072)
Bill: Wright (H.R. House Dem.)
Place 2.5% cap on Administrative costs under Drug Free Schools Act; specifies that
education agencies to use most up to date information. (H.R. 4872, Title unknown)
Bill: Michel (H.R. 4842 House Rep.)
Authorizes $250 million for drug education grants. Requires collection of additional
information with respect to current drug use. Directs states to require a progress report
after the first two years of a plan before funding is provided for a third year. Requires
states to submit annual plans to the HHS secretary on these state and local programs.
(Sec. 1051)
Bill: Dole (S. Senate Rep.)
Restricts Drug-Free Schools money to school systems which have in effect policies to:
a) notify a parent or guardian and police when possession of a controlled substance by an
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unemancipated minor is discovered; and b) separate offenders from drug-free students.
(Title I, Sec. 1005)
Authorizes the Secretary of Education to withhold funds from colleges not in compliance
with Higher Education Act requirements for a drug-free campus and authorizes the Secretary
to promulgate regulations specifiying the standards by which the Department--and the
public--can judge whether -a particular college or university is drug-free.
Authorizes, drug testing in schools as an optional component of drug-free campus programs.
Reaffirms Senate support of P.L. 100-297 which reauthorizes $250 million for school and
community based education programs. This effort targets 70 percent of funds to
school-based. education programs and 30 percent of funds to community-based education
efforts.
Requires the development of model criteria and forms for the collection of data and
information to evaluate programs funded under this act. This will allow schools and
community-based organizations to share uniform data and information with respect to the
Drug-free Schools and Communities Act.
White House Conference for a Drug Free America
Schools (from kindergarten through high school) and local boards of education must
establish and enforce policies and procedures for students, teachers, administrators, and
staff that clearly forbid the sale, distribution, possession, or use of all illicit drugs
and alcohol on school property or at school-sponsored functions. Parents, students, and
community officials should participate in developing and supporting these policies. '
Schools must be an active part of "community-wide" efforts to end the use of illegal
drugs.
Schools must get parents actively involved in the prevention of drug and alcohol use.
Chief State school officers and State boards of education must ensure that textbooks,
curricula, and other materials on alcohol and drugs are accurate and current, that they
clearly and consistently carry a "no use" message, and that they integrate education about
illicit drugs and alcohol into the existing school curriculum from kindergarten through
college.
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Colleges and universities must adopt firm, clear, and strongly enforced "no use" drug
policies encompassing all members of the college community.
Federal grant money to colleges and universities and for student loans should be
contingent upon the institution's having and enforcing "no use" drug and alcohol policies.
States should require all teachers to be knowledgeable about drug and alcohol-related
issues for teacher certification.
Amend existing Federal legislation for drug education and prevention programs to assure
accountability for results; in other words, tie in continued funding to a measurable
decrease in drug and alcohol use.-
Funding for school-based drug prevention, education, and awareness efforts should be
sustained over an extended period of time and should be. contingent upon the effectiveness
with which programs reach their stated goals.
National Drug Policy Board
Require institutions of higher learning to have drug prevention policies and programs
through the provision of federal student aid programs under the Higher Education Act of
1965, as amended.
Administration Position
Accountability
1. We support the accountability/reporting requirements for States as drafted in S. 2205,
the D'Amato/DeConcini bill.
We also generally support the similar enhanced reporting requirements as included in
the Senate Democratic and House Democratic draft bill.
We strongly support the Senate Republican and Michel language (H.R. 4842) on State
reporting. The Democratic bills have included a part of the added reporting
requirements, but the Dole and Michel bills include the toughest accountability
measures: a mandatory progress report before third year funding is permitted.
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2. Authorization Levels
We oppose the large increase in authorization in the Senate Democratic draft bill. We
support the $250 million authorization as requested in the Michel bill.
3. Administrative Costs
We support the 2.5 percent cap on administrative costs for the governor's funds under
Drug Free Schools and Communities Act.
4. Teacher Training Set-Aside
The Senate Democratic draft bill includes a reservation of 25 percent of governor's
funds for teacher training programs. We oppose this provision as it further restricts
an already heavily earmarked pool of funds originally meant to be discretionary.
Teacher training programs are already authorized as an allowable activity under
current law and funds need not be "set-aside."
Status
1. User Accountability
Senate Staff bipartisan negotiations seem to have eliminated the two key Senate
Republican proposals, (a) the suspension of student loan eligibility for grants and
loans due to convictions of drug-related offenses, and (b) the mandated separation of
students from the rest of the student population and notification of their parents
when found to possess drugs.
2. State Reporting
The accountability language as drafted in the Senate Democratic and House Democratic
bills will likely be retained in a compromise agreement reached early in staff talks.
We would like to see this undisturbed generally - but would certainly welcome any
movement to adopt the tougher Michel language - although that appears unlikely.
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3. Teacher Training
We have indicated our strong opposition to the set-aside as drafted in the Senate
Democratic bill and may see some shift in that provision to lessen proscriptive text.
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Lead Agency: HUD
Others: DOJ, OMB
DRUG FREE HOUSING
*****************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Authorize HUD to make grants to PHA for employing security personnel, reimbursement of
local LEAS, physical security improvements, or other innovative programs -- $10 million
for FY 1989. (Title II, S. 2703-2708)
Bill: Wright (H.R. House Dem.)
Revokes public housing benefits for 5 to 10 years for conviction of 1 drug distribution
offense or 2 other drug offenses within a 10 year period. (H.R. 4916, Title VIII)
Bill: Michel (H.R. 4842 House Rep.)
Establishes, in the Office of Public Housing, a "clearinghouse" to "receive, collect,
process, and assemble" information regarding drug use in public housing projects.
Establishes, within 12 months of enactment, a'regional training program for public housing
officials to prepare them for dealing with drug abuse. (Sec. 1061-1065)
Authorizes the HUD Secretary to establish a demonstration project and provide grants to
public housing projects that establish security systems to prevent drug related crimes, or
for the reimbursement of local law enforcement agencies for additional protection.
(Sec. 2181)
August 8, 1988
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Bill: Dole (S. Senate Rep.)
Requires an explicit no-drug clause in all new leases in federally assisted PHAs.
Requires an expedited report to Congress from HUD on the actual implementation of the
forthcoming regulations to ensure that they are being effectively used to ensure a
drug-free environment and protect persons in public housing. (Title I, Sec. 1008-1011)
Requires all PHAs to have a residents' tenant review committee to help screen out drug
users and traffickers. (Some PHAs are doing this already.) HUD may waive this
requirement for PHAs which make good faith efforts to form such committees but (because of
possible retaliation) fail to make them work.
Requires all PHAs to terminate the tenancy of a public housing tenant who is convicted in
a State or Federal court of an offense related to the possession, use, manufacture, sale,
or distribution of d controlled substance. I
Allows blockgrant funds under the Bureau of Justice Assistance to be used to fight drugs
in public housing.
Provides enhanced penalties, depending on the drug and quantity, for persons who
distribute or manufacture drugs within 200 yards of a public housing project. This
provision is based on the schoolyard provision in current law.
White House Conference for a Drug Free America
Public Housing Authorities (PHAs), in cooperation with residents, local governments
officials, law enforcement, authorities, and support groups in the private sector should
develop and implement procedures that are designed to end drug use. and sales in public
housing developments.
Public housing residents must take every action to keep their housing units and their
developments free of drugs.
Municipalities and county governments should provide the same level of municipal services
to public housing developments that they provide to every other part of the community.
Community groups should establish programs for youth emphasizing drug-free lifestyles in
public housing.
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The State, county and municipal governments should provide adequate law enforcement
services to public housing developments.
At least two percent of the Department of Housing and Urban Development's (HUD)
Comprehensive Improvement Assistance Program (CIAP) funds should be made available to PHAs
for antidrug initiatives.
The Department of Housing and Urban Development and associations such as the National
Association of Housing and Redevelopment Officials, the Council of large Public Housing
Authorities, the Public Housing Association, the Public Housing Authorities Directors
Association, and the National Tenants Organization should provide training on drug-free
public housing techniques to PHA staff, residents, drug treatment and prevention experts,
law enforcement officials, and the private sector.
National Drug Policy Board
Increase federal assistance to State and Loacl law enforcement through expanded federal
support for operational activities such as local Crack Task Forces, improved incentives
for local participation in joint operations such as operation Alliance and the Organized
Crime Drug Enforcement Task Forces (OCDETF), support for local law enforcement efforts to
achieve drug-free public housing, and user accountability/Zero Tolerance related
initiatives. _
Administration Position
Requires further DOJ/HUD/OMB coordination regarding specific provisions. Provisions for a
public housing grants program for security enhancement appear duplicative of existing
programs in HUD. DOJ opposes many individual provisions in the Byrd, Wright, Michel and
Dole bills.
Status
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Lead Agency: HHS
Others: ED, OMB
DEMAND SIDE INTELLIGENCE COLLECTION
***********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
August 8, 1988
Bill: Byrd (S. Senate Dem.)
Substantially increase funding for drug abuse treatment. and other data collection, in
order to identify the demographics of drug abuse, the need for treatment, and the
availability of treatment programs. Conduct national household drug surveys and collect
information on currently non-included groups in such surveys. (Sec. 3014, Sec. 3026)
Bill: Wright (H.R. House Dem.)
Requires data collection on the incidences of alcohol and substance abuse. (Amendments to
H.R. 4907 - Title VI)
Bill: Michel (H.R. 4842 House Rep.)
Requires data collection on current drug use for prevention and education purposes.
Bill: Dole (S. Senate Rep.)
Authorizes funds for research on prevention, treatment and drug use to assist State and
local drug reduction efforts. (Title IV, 4103 - Title III, Sub.L)
White House Conference for a Drug Free America
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National Drug Policy Board
Expand demand side intelligence collection to include surveys to provide current and
specific information on drug use by geographical areas and by segments of the population
to ensure national strategies and programs are appropriately targeted and to measure
effectiveness of efforts.
Administration Position
While the most efficient and effective way of collecting data would be through the block
grant, HHS feels that there is sufficient interest among the states to cooperate with us
in collecting data on treatment efforts. We support some of the provisions in both Senate
versions on Data Collection. We recommend strongly that they focus on the type of reports
they are looking for and leave the data elements to be collected and time frames for
performance up to the Secretary. Funding in.this area is critical. Standards should be
phased in based on clinical research findings matching clients to treatment approaches.
As to the proposal to have yearly household and senior class surveys, trends do not change
on a yearly basis, such surveys are very expensive, and administratively it takes over a
year to process and analyze the data. Suggest that between household and senior class
surveys the opportunity be used to collect different data through surveys, for example, on
dropouts or college students who are missed in the present surveys.
Status
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August 8, 1988
Lead Agency: HHS
Others: DOJ
PUBLIC AWARENESS CAMPAIGNS
**************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)'
Director of National Drug Policy to develop program of dissemination of information to the
American Public. (Title II, S. 2809)
Bill:
Dole (S. -- Senate Rep.)
Bill: Wright (H.R. -- House Dem.)
Bill: Michel (H.R. 4842 -- House Rep.)
Provides for a nationwide awareness campaign concerning the new penalties for drug
possession and use. This is to give drug users notice that things have changed, that
their illegal activity will no longer be tolerated, and that it will be subject to serious
penalties. (Title I, S. 1002)
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White House Conference for a Drug Free America
Every segment of the media must establish a comprehensive public campaign against illicit
drug use.
Local media must work closely with community leaders and citizen groups to combat the use
of illicit drugs.
Media messages must also increasingly target people who do not now use illicit drugs and
minority populations.
National Drug Policy Board
Administration Position
The bill places responsibility for the awareness activity in the office of the Drug Czar.
It should be noted that the Office of Substance Abuse Prevention is authorized and has
been carrying out awareness activities. We trust that whoever is responsible for the
activity described in the bill will work in tandem with OSAP. If there is a shift in
responsibility assignment -to HHS, we hope that funding for this effort will accompany the
function.
DOJ supports in concept, but questions specific provisions and opposes drug czar. All
funding provisions must be within the Bipartisan Budget Agreement. DOJ supports the Dole
bill provision.
Status
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August 8, 1988
Lead Agency: HHS
Others:
GLAMORIZATION OF DRUGS BY THE MEDIA
***********************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Bill: Wright (H.R. -- House Dem.)
Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.) %
Requires implementation of the Domenici provision in the 1986 bill establishing a
commission to explore ways in which the media glamorize or legitimate drug abuse and to
recommend remedies. Appropriations for President's Media Commission on Alcohol and Drug
Prevention: FY 1989 - $1 million; FY 1990 - $1 million; FY 1991 - $1 million.
(Title I, S. 1023)
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White House Conference for a Drug Free America
Every segment of the news media and entertainment industries must ensure that its
programming avoids any positive portrayal of illicit drug use, and that responsible
industry executives reject as unacceptable any programming that does not meet this
standard.
The movie rating system, conducted by the Motion Picture Association of America, must take
a stronger stance against illegal drugs.
The media must adhere to existing guidelines restricting alcohol and tobacco advertising
that target youth.
Student-run media, including high school newspapers and college print and broadcast
outlets must actively disseminate accurate information about illict drug use.
National Drug Policy Board
Administration Position
This provision insists that the President's Commission on Media established under the
Anti-Drug Abuse Act of 1986 be carried out and authorizes funds to do so. We have no
comment on this provision.
Status
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August 8, 1988
Lead Agency: HHS
Others: OMB
NATIVE AMERICAN PROGRAM
Bill:
***********************
D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill:
Byrd (S..
-- Senate Dem.)
Bill:
Wright (H.R.
-- House Dem.)
Reauthorizes "Indian Alcohol and Substance. Abuse Prevention and Treatment Act of 1986" for
training, border interdiction, and eradication on Indian lands at $78.45 million -- total
for 3 years. (Interior Committee, Title IV)
Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
Extends and revises the authorization of appropriation provisions of the Indian Alcohol
and Substance Abuse, Prevention and Treatment Act of 1986.
Increases funding for the staffing of the 11 youth regional treatment centers called for
by the 1986 Anti-Drug Abuse Act. Funding for rehabilitation and follow-up services for
Indian youth who are alcohol or substance. abusers is also increased.
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Emphasizes the family component in the treatment of youth alcohol and substance abuse.
Studies have shown that the inclusion of family members significantly increases the
effectiveness of such treatment.
White House Conference for a _Drug Free America
National Drug Policy Board
Administration Position
We have no objection to this provision.
Status
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August 8, 1988
Lead Agency: DOT
Others: .DOJ
WITHHOLDING OF MASS TRANSIT FUNDS
*********************************
Bill:
D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill:
Byrd (S.
-- Senate Dem.)
Bill:
Wright (H.R.
-- House Dem.)
Bill:
Michel (H.R. 4842
-- House Rep.)
Bill:
Dole (S. -- Senate Rep.)
Authorize the Urban Mass Transportation Administration (UMTA) to withhold funds from any
mass transit system which has not established a comprehensive detection, treatment and
enforcement program within 18 months after date of enactment.
White House Conference for a Drug Free America
National Drug Policy Board
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Administration Position
DOT supports the provision that would clarify the Urban Mass Transportation
Administration's existing authority to require anti-drug programs and withhold funds for
failure to do so. The Urban Mass Transportation Administration issued a Notice of
proposed Rulemaking on July 8, 1988, that would require anti-drug programs. Under the
proposed rule implementation of an anti-drug program is a condition of receipt of Federal
funds.
DOJ opposes aspects of the Dole provision DOT supports in general. DOJ feels as drafted
might harm existing programs and discourage voluntary compliance with desired goals and
raises Federalism and paperwork concerns. Modified provisions would not be objectionable.
Status
The Urban Mass Transportation Administration has had no contact with the Hill on this
provision.
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August 8, 1988
Lead Agency: HHS
Others: DOJ
INCREASED RESEARCH -- DEMAND SIDE
********************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Increase funding for drug abuse research and training, to determine more effective methods
of prevention and treatment and to augment the number of trained drug abuse counselors.
Bill: Wright (H.R. -- House Dem.)
Bill: Michel (H.R. 4842 -- House Rep.)
Bill:
Dole (S. -- Senate Rep.)
Provides for the reauthorization of research efforts through the National Institute on
Drug Abuse and the National Institute on Alcohol Abuse and Alcoholism. $183 million is
provided for the National Institute on Drug Abuse.
White House Conference for a Drug Free America
The Federal Government should provide substantially greater resources for prevention
research, should dissemminate the translation of research findings, and should establish
regional and national prevention development centers.
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Research on the use of illicit drugs must be conducted in several areas: education,
prevention, media/entertainment, law enforcement, sports, treatment, and transportation.
National Drug Policy Board
Expand demand-side intelligence collection to include information on (a) treatment
capacity and (b) evaluation of effectiveness of programs, particularly those aimed at
crack/cocaine addiction.
Administration Position
HHS believes in the importance of research and supports continued funding of this effort.
DOJ supports these provisions to the extent that they are consistent with the President's
Budget for 1989. Provisions for 1990 and 1991 should be changed to "such sums" language.
Status
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Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
II. USER ACCOUNTABILITY -- HHS
Ineligibility for Federal Benefits..... X X
Income and Assets - Civil Penalties....
DOJ; HUD, ED, B
HHS, VA, DOT
Suspension of Driver's Licenses........ X X
Exclusion of Drug Abusers As Handicapped
Motor Vehicle Related Crimes...........
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DOS
DOL
DOT; DOS B
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Lead Agency: DOJ
Others: HUD, ED, HHS, VA, DOT
INELIGIBILITY FOR FEDERAL BENEFITS
**********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
August 8, 1988
Bill: Byrd (S. Senate Dem.)
Requires cut-off for five years of certain Federal benefits or licenses (VA or FHA loans,
practice before Federal Courts or Federal agencies) upon conviction of a drug offense (for
first offenders, the period of the penalty is reduced to six months, with treatment
offered as an alternative). (Title II, S. 2801 et seq.)
Bill: Wright (H.R. House Dem.)
Requires cut-off of Federal benefits for 5-10 years-for one drug distribution conviction,
or two drug offenses within a 10 year period. Does not include retirement, welfare,
health or disability. Does include Public Housing and loans provided by agencies of the
Federal Government. (H.R. 4916, Title VIII)
Bill: Michel (H.R. 4842 House Rep.)
Denies Federal Benefits to those convicted of 2 or more drug narcotic offenses, or of any
offense consisting of distribution of illegal narcotics. Ineligibility for Federal
benefits remains in effect for 5 years (for sentences of 1 year or less) or 10 years (all
other cases). Federal Benefits are defined as- grants,, contracts, liscenses, and public
housing. In cases involving trafficking offenses, Veterans benefits are also denied.
(Does not include retirement, welfare, health, or disability benefits.) (Sec. 1001)
(Title I, S. 1020-1021)
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Withdraws student aid for traffickers or for repeat possession offenders for 5 years for
misdeameanor conviction and 10 years for felony conviction. (Title I, S. 1006-1007)
Bill: Dole (S. Senate Rep.)
Denies all Federal Licenses for 10 years in the case of felony convictions and 5 years for
misdemeanor convictions of drug or drug-related offenses (State or Federal).
Establishes as a general principle the loss of eligibility for any federal benefit or
entitlement for specified periods of time depending upon the seriousness of the drug
offense. Excludes safety net programs and earned benefits -- e.g., veterans benefits,
pensions, social security survivor's benefits..
Suspends eligibility for student aid for any drug conviction which occurs subsequent to
the receipt of the loan, for 2 years for the first misdemeanor conviction, and 5 years for
a felony or second misdemeanor conviction.
White House Conference for a Drug Free America
National Drug Policy Board
Withdraw federal student aid for one year from students convicted of drug use/possession
offenses and permanently withdraws aid from students convicted of drug trafficking
offenses.
Administration Position
DOJ opposes the provisions, as drafted, of the Byrd, Wright, Michel, and Dole bills. With
major modification and technical correction to improve specificity, administration of such
provisions might be feasible, however, the difficulty and likely volume of related
litigation out weighs the appeal of all but the liscensing provisions. DOJ supports, with
technical correction, the provision for denial of federal licenses for certain drug
convictions.
VA notes the Michel bill would deny certain veterans benefits to convicted drug
traffickers. The Dole bill would apparently exclude "earned benefits -- e.g., veterans
benefits..." from its listing of Federal benefits which would be denied to persons
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convicted of drug-related offenses. VA would not object to an amendment to the Dole bill
consistent with the Michel bill. VA has concerns that the "line," which is statutorily
drawn between VA benefits which will be provided notwithstanding criminal convictions, and
benefits which will be witheld due to narcotics trafficking, should be drawn with
precision. Concerning the question of where the above-referenced "line" should be drawn,
VA notes that significant Fifth Amendment issues would be raised were VA to be required to
repudiate obligations previously undertaken b' contract -- e.g., certain insurance and
loan guarantee benefits. Any bill enacted which would result in the witholding of
veterans benefits due to prior criminal convictions'should specify the means by which VA
would be authorized to determine, and verify, whether the claimant has, in fact, been
convicted of the statutorily-disqualifying criminal offenses.
DOT supports the denial of federal licenses for certain drug convictions, including
operating liscenses for air, motor carrier, and vessel transportation. We note that
although this proposal could entail practical problems this could be addressed in the
rulemaking process.
Status
The Department of Transportation has not commented to Congress on this proposal.
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Lead Agency: DOJ
Others:
INCOME AND ASSETS -- CIVIL PENALTIES
************************************
August 8, 1988
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Bill: Michel (H.R. 4842 House Rep.)
The Attorney General may assess a civil penalty on those convicted of violating the
Controlled Substances Act, the Controlled Substances Import and Export Act, or the
Maritime Drug Law Enforcement Act consisting of 25% of the offender's adjusted gross
income for the last taxable year, or 25% of the offender's net assets. (Sec. 1002)
Bill: Dole (S. Senate Rep.)
DEA to assess penalty of not more than $250,000 for first violation and up to $1 million
for subsequent violations. (Title II, S. 3402)
White House Conference foi a'Dru Free America
National Drug Policy Board
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Administration Position
The Administration opposes civil penalties for criminal acts, (which is tantamount to
legalization) unless such penalties are assessed in addition to criminal penalties. (The
Michel and Dole provisions present problems which could be addressed with drafting
assistance and technical correction.) The Administration does not oppose provisions for
civil fines in addition to criminal penalties but believes they will be of limited
utility.
Status
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Lead Agency: DOJ
Others: OMB
SUSPENSION OF DRIVERS' LISCENSES
********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
August 8, 1988
Bill: Wright (H.R. House Dem.)
Provides authority to suspend or revoke the drivers license if convicted of driving under
the influence of drugs. (H.R. 4916, Title XIV)
Bill: Michel (H.R. 4842 House Re .)
Beginning Sept. 30, 1990, 5% of apportioned funds are withheld from states failing to
enact laws which revoke or suspend drivers liscenses for certain narcotic related
offenses. Beginning Sept. 30, 1992, 10% of apportioned funds are withheld. States not
complying by Sept. 30, 1993 will lose witheld funds. (Sec. 1004)
Bill: Dole (S. Senate Rep.)
Conditions state participation in federal drug programs upon the state's having put into
effect, within two years, procedures for suspending eligibility for a driver's license for
one year upon conviction of a drug offense. (Title I, S. 1003)
White.iouse Conference for a Drug Free America
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National Drug Policy Board
Administration Position
DOJ supports amendment of the Assimilative Crimes Act with technical correction to
substitute "any controlled substance (as defined in section 102 of 21 USC 802) for the
word "drugs" and other minor modifications to eliminate possible Constitutional problems.
DOJ opposes the Dole provision and Michel provision withholding apportioned Federal
highway funds on Federalism principles. The Dole provision is also too restrictive and
potentially expensive for states to implement. (See also the provision on Motor Vehicle
related crimes.)
DOT supports the witholding of five percent the first year and ten percent every year
thereafter of the federal-aid highway funds of 'those States which do not have in effect or
enforce a law which requires the suspension or revocation for not less than six months of
the drivers' liscense of a person convicted of a drug offense under Federal or State law.
DOT also supports conditioning State participation in Federal drug program upon the States
putting into effect procedures for suspending the eligibility for drivers' liscenses for
drug convictions. While these proposals could have been interpreted as raising Federalism
concerns DOT, believes the need for a drug-free nation is overriding.
Status
The Department of Transportation has not commented to Congress on this proposal.
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Lead Agency: DOL
Others:
EXCLUSION OF DRUG ABUSERS AS "HANDICAPPED"
*****************************************
August 8, 1988
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Bill: Michel (H.R. 4842 House Rep.)
Amends the Rehabilitation Act to exclude drug abusers from the definition of "handicapped
individuals" with respect to employment. (Sec. 1046)
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
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Administration Position
DOL's position that the approach to substance abuse in the workplace should be, in the
first instance, rehabilitative rather than punitive. This should be accomplished through
an amendment to the Rehabilitation Act that: (1) provides protection for those who
actively and in good faith pursue rehabilitation, and (2) expressly denies protection to
those who do not pursue rehabilitation. As presently drafted, Section 1046 of H.R. 4842
does not appear to serve this goal.
In any event, Section 1046 of H.R. 4842 should not be supported because it would amend the
Rehabilitation Act in a way which would create-a confusing, circular approach to the
question whether a drug abuser is an "Individual with handicaps" under the Act. The
amendment first says that a drug abuser is not an "individual with handicaps," if he or
she meets certain criteria (having an impairment which substantially limits one or more
life activities, etc.). No matter what approach is finally adopted by the Congress, the
statutory language addressing Rehabilitation Act protection of drug users should be clear
and not subject to varying interpretations.
DOJ supports with qualifications and technical correction.
Education supports the Michel bill's exclusion of drug addicts from the definition of
handicapped in the Rehabilitation Act of 1973.
Status
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Lead Agency: DOT
Others: DOJ
MOTOR VEHICLE RELATED CRIMES
****************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill:. Wright (H.R. House Dem.)
Bill: Michel (H.R. 4842 House Rep.)
Provides for the applicability of state laws with regards to alcohol and drug use while
operating motor vehicles on the special maritime and territorial jurisdictions of the U.S.
Also includes provisons for implied consent.to testing for drugs and alcohol.
Bill: Dole (S. Senate Rep.)
Withholds highway funds from States which do not randomly test a percentage of first-time
drivers within the first year of being licensed and to revoke driving privileges for
individuals found to be using drugs or driving under the influence of drugs or alcohol.
(Title, Sec. 1019)
Withholds highway funds from States that: a) do not administer drug tests to all drivers
arrested for driving under the influence of alcohol; b) that do not prosecute those
testing positive on drug tests and do not revoke or suspend for a year driver's licenses
for anyone convicted of drug possession; and c) that do not require the successful
completion of a drug rehabilitation program as a condition of reapplication for a driver's
license.
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White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
The Administration supports strict enforcement of State laws against driving under the
influence of alcohol or drugs and does not oppose the extension of those laws to the
special maritime and territorial jurisdiction of the U.S. The Administration does not
object to suspending the license of anyone driving in the special maritime and territorial
jurisdiction who refuses a chemical test of his or her blood, breath or urine, when the
arresting officer has reasonable grounds to believe that the driver is under the influence
of alcohol or drugs. The Administration supports the suspension or revocation of the
drivers' licenses of drivers testing positive for drug use and the withholding of
federal-aid highway funds from states that do not prosecute those testing positive for
drug use or revoking or suspending for a year their drivers licenses. The Administration
does not support withholding federal-aid highway funds from states which do not randomly
test a percentage of first-time drivers within federal-aid highway funds from states which
do not randomly test a percentage of first-time drivers within the first year of being
licensed or which do not administer drug tests to all drivers arrested for driving under
the influence of alcohol. The Department of Transportation currently is working to
develop techniques for detecting drivers operating under the influence of drugs, but, with
available technology, these requirements would impose costly burdens on the states. DOT
does not think it is feasible to require states to randomly test a percentage of
first-time drivers within the first year of being licensed although we do support testing
of commercial drivers.
Status
The Department of Transportation has communicated its support for testing of commercial
drivers to Congress many times.
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August 8, 1988
Senate House White House Lead Dept;
Byrd 'Dole DeConcini Wright Michel NDPB Conference Others Category
III. CRIMINAL PENALTIES/POST ARREST -- DOJ
U.S. Prisoners in Non-Federal Institutions X X X X DOJ; OMB A
Death Penalty .......................... X X X X DOJ C
Exclusionary Rule/Habeas Corpus Reform X X X DOJ C
Additional Prisons and Prosecutors..... X X X X X DOJ; OMB A
Diversity of Citizenship ............... X DOS C
Pollution of Lands ..................... X X X X DOJ; EPA, AG, C
Note: Blanks a no provision X Q provision
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August 8, 1988
Lead Agency: DOJ
Other: OMB
U.S. PRISONERS IN NON-FEDERAL INSTITUTIONS
*****************************.*************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Authorizes Justice to make payments to support U.S. prisoners in non-Federal institutions
(in essence codifying current practice). Requires surpluses in Assets Forfeiture funds to
go to prison construction and/or support of prisoners in non-federal institutions.
Bill: Byrd (S. -- Senate Dem.)
Authorizes contracts and unlimited expenditures from U.S. Marshals appropriations related
to the support of U.S. prisoners. Also authorizes contracts or cooperative agreements
with states or localities for construction, renovation and equipping of facilities for
housing federal prisoners. (Sec. 2155,2905)
Attorney General in support of US prisoners in non-federal institutions is authorized to
make payments from appropriations available to the US Marshal Service without limitation
as to fiscal year. (Sec. 2905)
Bill: Wright (H.R. -- House Dem.)
Bill:
Michel (H.R. 4842
-- House Rep.)
Also authorizes expenditures related to support of U.S. prisoners and other
technical amendments relating to forfeiture (Sec. 2155, 2157).
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Bill: Dole (S. -- Senate Rep.)
Authorizes expenditures related to support of U.S. prisoners in non-Federal institutions.
Authorizes up to $35 million in expenditures of which up to $15,000,000 maybe under, the
Cooperative Agreement Program. (Section 2105).
Specifies that appropriation must be in addition to President's FY 1989 request and other
limitations. (Sec. 2002)
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
The Administration supports the Dole and Michel bill provisions with such qualifications
as agreed to by 0MB regarding funding limitations and restrictions.
Status
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August 8, 1988
Lead Agency: DOJ
Others:
DEATH PENALTY
*************
BILL:. D'AMATO/DECONCINI (S. 2305 Senate Dem.)
BILL:
BYRD (S.
Senate Dem.)
BILL:
Wright (H.R.
House Dem.)
Bill:
Michel (H.R. 4842
House Rep.)
Individuals who knowingly kill another person while in the ocurse of a continuing drug
enterprise are subject to the death penalty. The death penalty will also be invoked if an
individual is (or is one of) the principal administrator, organizer, or leader of the
enterprise and the drug violation is at least 600 times the quantity specified in Section
401 (b) of the controlled Substances Act.
Includes notification, hearing trial, and appeal procedures to be followed in such cases.
(Sec. 2001-2002)
Bill: Dole (S. Senate Rep.)
Establishes constitutional procedures for the implementation of the death penalty for the
crimes for which it is currently authorized (murder, treason, espionage) as well as for
new crimes such as attempted assassination of the President, drug related murder.
(Sec. 3001 - 3017)
White House Conference for a Drug Free America
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Fedreal and State governments should develop stronger penalties for persons trafficking or
distributing illegal drugs.
National Drug Policy Board
Establish constitutional procedures to impose the death penalty is appropriate Federal
cases, including for those convicted of killing another while engaged in a continuing drug
enterprise.
Administration Position
The Administration supports the Michel and Dole bill provisions with technical
corrections; but suggests substitution of the revised Department of Justice proposal.
Status
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Lead Agency: DOJ
Others:
EXCLUSIONARY RULE/HABEAS CORPUS REFORM
**************************************
Bill:. D'Amato/DeConcini (S. 2205 Senate Dem.)
August 8, 1988
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Bill: Michel (H.R. 4842 House Rep.)
Prevehts the exclusion of evidence obtained through search and seizure when "the search
was undertaken in an objective, reasonable, and good faith belief that it was in
conformity with the fourth amendment". (Sec. 2011) No Habeas Corpus Reform.
Bill: Dole (S. Senate Rep.)
Prevents abuses in filing of habeas petitions. Provides for the following reforms: a)
establishes a time period for the filing of habeas petitions -- one year for that level,
two years for federal level; b) allows the federal court to dismiss habeas petitions that
have been "fully and fairly" adjudicated in the State court; c) provides that claims not
raised in State courts can not be raised in federal courts; d) allows the federal court to
dismiss a habeas petition on the merits even if State remedies have not been exhausted.
(Sec. 3051 - 3055)
Exclusionary Rule codifies the Supreme Court Decision in United States v. Leon (1984)
which provides that a search conducted pursuant to a warrant is valid if the law
enforcement officer exhibits an "objectively reasonable belief" that the search is in
conformity with the Fourth Amendment. Extends this exception to warrantless searches.
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Also provides that the exclusionary rule may not be used as a sanction for
nonconstitutional violations of a federal statute or rule, unless the statute specifically
provides for such a remedy. (Sec. 3101 - 3102)
White House Conference for a Drug Free America
National Dru Policy Board
Establish "good faith" exceptions to the exclusionary rule, which prohibits introduction
of improperly seized evidence in criminal cases.
Reform habeas corpus procedures to give greater deference and finality to the judgment of
State courts.
Administration Position
The Administration strongly supports these provisions. (The Administration supports the
Michel bill provision but prefers the Dole provisions which includes Habeas Corpus
Reform.)
Status
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Lead Agency: DOJ
Others: OMB
ADDITIONAL PRISONS AND PROSECUTORS
**********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
August 8, 1988
Bill: Byrd (S. Senate Dem.)
Aside from-providing substantial increases in funding to courts, prosecutors, and prison
resources, the proposal authorizes U.S. Magristrates to accept guilty pleas and impose
sentences to alleviate some of the backlog at the District Court level. The proposal
authorizes the creation of 20 new judgeships whose assignent will be determined by
Congress, following a report from the Judicial Conference regarding the most efficacious
placement of the judges to solve the drug case backlog. A significant increase in funding
will increase the numbers of Federal prosecutors. Further gives the government the option
of housing civilian prisoners on military facilities.
Bill: Wright (H.R. House Dem.)
Authorizes Appropriations for FY 1989 for the Federal Prison System, to be used as
specified in the President's budget. (H.R. 4916 A, Sec. 402)
Bill: Michel (H.R.
4842 House Rep.)
Authorizes President's Budget funding levels for the Federal prison system and U.S.
attorneys for years 1989 and 1990. Permits the Bureau of Prisons to lease prison
facilities under certain conditions. Authorizes the Attorney General to issue "debt
instruments" to be used to finance prison construction. (Sec. 2016-2017)
Bill: Dole (S. Senate Rep.)
Authorizes $200 million for the federal prison system. Specifies that such appropriations
must be in addition to the President's fiscal FY 1989 request. (Sec. 2004)
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Authorizes $166 million for Federal courts, drug testing of parolees and probationers,
Federal public defender salaries and expenses, salaries of jurors and jury commissioners.
Each is additional to any appropriations. requested by the President in his FY 1989 budget.
(Sec. 2005)
White House Conference for a Drug Free America
Federal, State, and local governments must allocate more resources to all segments of the
criminal justice system to combat illicit drug use. In addition, Federal antidrug funds
should be available over a 3-year period to allow proper planning for their use.
Additional funds must be appropriated for prison contruction.
The training and education of criminal justice-personnel in drug-related matters should be
dramatically improved.
National Drug Policy Board
Administration Position
The Administration supports increases in prisons and prosecutors as specified in the
President's Budget (Wright, Michel) and such additional resources as required to achieve a
4.5 to 1 ratio of investigators to prosecutors, provided such enhancements are in
complicance with the Bipartisan Budget Agreement. The Administration also with these
qualifications, supports the Dole provisions. The Administration urges that investigative
and prosecutorial resource increases be accompanied by parallel resources for the U.S.
Courts (judges, magistrates) and pretrial services.
DOJ, and OMB disagree on the use of Asset Forefeiture funds for prison construction. A
letter outlining DOJ's position has been sent from Frank Keatting.to Carol Crawford.
Status
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Lead Agency: DOJ
Others:
DIVERSITY OF CITIZENSHIP
************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. . House Dem.)
August 8, 1988
Bill: Michel (H.R. 4842 House Rep.)
Amends U.S. Code to eliminate the practice of filing law suits between two parties in two
different states in the Federal Court System. (Sec. 2021)
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
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Administration Position
The Administration strongly supports provisions'to eliminate diversity of citizenship
jurisdiction from the Federal courts. The Michel provision may require minor
modifications, however, the elimination of diversity jurisdiction translates into the
availability of forty-one already sitting district court judges.
Status
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Lead Agency: DOJ
Others: EPA
POLLUTION OF LANDS
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
August 8, 1988
Bill: Byrd (S. Senate Dem.)
Provides penalties of up to 5 years, $10,000 fine or both for any person in the course of
committing an act in violation of Subsection (a)(1), who places or causes to be placed any
chemical substance that pollutes or could pollute a body of water or that is harmful to
humans, wildlife, etc... (Sec. 2971).
Bill: Wright (H.R. House Dem.)
General overview of the hazardous wastes created by these labs and the development of Task
Forces to implement programs for clean-up. (H.R. 4916, Sec. 151-156)
Bill: Michel (H.R. 4842 House Rep.)
Provides for criminal penalties for persons who pollute U.S. lands while manufacturing,
distributing or dispensing.a controlled substance.
Also provides for criminal penalties for persons who."create a substantial risk of harm to
human life" while manufacturing, distributing or dispensing controlled substances. (Sec.
2051-2052)
Bill: Dole (S. Senate Rep.)
Criminal penalty for polluting U.S. lands in the course of drug activities provides for a
maximum of five years imprisonment or a fine or both for persons who, in the course of
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violating the controlled substances laws, place a pollutant on U.S. lands. (Sec. 3351)
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
(Requires coordination with EPA.) The Administration has reservations about the utility
and drafting of the Michel provisions but does not oppose them. The Administation has no
objection to the Dole and Byrd provisions. DOJ needs to further consult with EPA
regarding the Wright provisions.
Status
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August 8, 1988
Lead Agency: DOJ
Others:
INCREASED PENALTIES FOR COCAINE AND HEROIN
******************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Whoever creates a substantial risk of harm to human-life while manufacturing a controlled
substance (or attempting, to manufacture) shall be fined or imprisioned or both for 10
years.
For: 1st conviction and amount of cocaine (crack) greater than 5 grams; or
2nd conviction and amount greaer than 3 grams; or
3rd or more convictions and amount greater than 1 gram, penalty would be imprisonment
for not less than 5 nor more than 20 years. (H.R. 4916A, Sec. 1301, 1302)
Bill: Michel (H.R. 4842 House Rep.)
Provides for increased penalties for possession of a substance containing "a cocaine
base", of no less than 5 and no more than 20 years. Penalties apply under specified
conditions and with respect to possession of specific quantities.
Violations of this section involving cocaine or heroine will be subject to a civil penalty
of no more than $100,000 for a first offense and $500,000 for subsequent violations.
Fines collected under this section will be "allocated equally" to drug education,
treatment, and state and local narcotics assistance" as prescribed by the Attorney
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General. In cases involving violations of the import and export act, fines collected will
be deposited in the Department of Justice Assets Forfeiture Fund. (Sec. 2111 - 2112)
Bill: Dole (S. Senate Rep.)
Establishes additional civil penalties for persons convicted of simple possession of
heroin or cocaine. First offense -- up to $250,000, subsequent offenses -- $1 million.
(Sec. 3402)
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
The Administration supports the risk of harm/drug lab provision of the Wright bill with
modifications. The Administration objects strongly to the Wright bill cocaine penalty
provisions because of the unintended impact on the Department of Justice's ability to
charge offenses involving multi-gram quantities of crack as trafficking offenses. The
Administration does not object to the Michel provisions but would offer technical
corrections.
Status
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Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
III. CRIMINAL PENALTIES/POST ARREST (Cont.)
Deportation of Aliens .............. X X X X X DOJ; DOS, TR C
Alternative Judicial System........ X X DOJ, TR C
Restrictions Relating to Common Carriers x X X X X DOT; DOJ, OFPP B
Use of Juveniles in Drug Related Crime x X DOJ C
Use of House Probation............ X DOJ C
Life Sentences for Drug Dealers... X X DOJ C
Drug Offenses Within Prisons...... X DOJ C
User Fees for Prisoners........... X DOJ; OMB B
Anti-Public Corruption ............... X X X DOS C
Prohibition on the Use of Firearms... X X X X TR; DOJ C
Use of Firearms in Drug Crimes....... X TR; DOJ C
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August 8, 1988
Lead Agency: DOJ
Others: DOS
DEPORTATION OF ALIENS
*********************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Establishes procedures for the deportation of "violent criminal aliens." (Sec. 182-185)
Bill: Byrd (S. Senate Dem.)
(Sec. 2401, 2402, 2403, 2404, 2405, 2406):
- any alien arrested under aggravated felony charges, pending a determination of
whether he is deportable, shall not be released from custody nor entitled to
conditional parole.
- provides criminal penalties for reentry of certain deported aliens.
- provides criminal penalties for aiding or assisting certain aliens to enter the
U.S.
- provides criminal penalties for refusal of aliens convicted of an aggravated felony
to appear upon subpoena.
- the Attorney General shall provide for the availability of special deportation
proceedings by INS for aliens convicted of aggravated felonies.
Bill: Wright (H.R. House Dem.)
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Bill: Michel (H.R. 4842 House Rep.)
Allows the Attorney General to exempt aliens convicted of drug offenses from deportation
if the alien has provided assistance in a drug investigation. (Sec. 2201)
Bill: Dole (S. Senate Rep.)
Bars the reentry with visa of aliens deported on criminal grounds.
Eliminates bond for deportation proceedings for alien drug offenders.
Eliminates suspension of deportation.
Bars asylum or withholding of deportation for alien drug traffickers.
Eliminates most of the exclusions, including the drug exclusion, for deportation of a
long-term permanent resident of the U.S. when reentering the U.S. from a temporary visit
.abroad. (Sec. 8001-8020)
Eliminates waivers based on family ties for alien drug traffickers.
Bars alien drug traffickers from voluntary departure.
Increases penalties for failure to comply with conditions of supervision.
Restricts the discretion of the courts to suspend penalties of alien drug offenders who
disobey a final deportation order.
Permits deportation for possession of firearms.
Bars asylum and withholding of deportation for any aliens convicted of an aggravated
felony.
White House Conference for a Drug Free America
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National Drug Policy Board
Expedite the deportation of illegal aliens convicted of narcotics related crimes, increase
alien excludability based on drug related criminal acitivity and limit the availablity of
certain discretionary rights for aliens involved in drug trafficking.
Administration Position
DOJ.supports the concept of rapid deportation but objects to specific aspects of S. 2205,
the Byrd provisions and the Dole provisions and therefore, suggests substitution of the
DOJ proposal and/or technical corrections and modifications to the Dole provisions.
State defers to DOJ on the deportation issue. The Department has reservations about the
exclusion clauses in these bills, which are not defined in enough specificity for final
comment. The Department has the same reservations about the proposal to "limit the
availability of certain discretionary rights for aliens involved in drug trafficking".
The provision in the Dole bill which overcomes the barring of deportation of alien drug
traffickers and aliens convicted of an aggravated felony is in contravention of U.S.
treaty commitments (see Sec. 243(h) of the Immigration and Nationality Act).
Status
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Lead Agency: DOJ
Others:
ALTERNATIVE JUDICIAL SYSTEM
***************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
August 8, 1988
Bill: Wright (H.R. House Dem.)
The Attorney General shall conduct a study of the feasibility of prosecuting Federal drug
related offenses in an alternative judicial manner. (H.R. 4916A, Sec. 1204)
Bill: Michel (H.R. 4842 House Rep.)
Directs the Attorney General to study the feasibility of prosecuting drug related offenses
through an alternative or supplemental system, (for example, use of magistrates). A
report on this study is due to Congress 180 days after enactment. (Sec. 1003)
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
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Administration Position
The Administration does not object.
Status
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August 8, 1988
Lead Agency: DOT
Others: DOJ, OFPP
RESTRICTIONS RELATING TO COMMON CARRIER/DRUG TESTING
****************************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Authorizes testing program for individuals in the operation of aircraft, railroads,
trucks, and buses. Requires establishment and maintenance of rehabilitation program for
identification and treatment of employees. (Title II, S. 2951-2960)
Amends the Federal Aviation Act and Federal Railroad Safety Act by implementing mandatory
random drug testing for those employees responsible for safety sensitive functions.
Provides specifics for privacy in obtaining specimens, "non-discriminatory" testing and
adopt HHS technical guidelines in testing, etc. (Sec. 2951)
Bill: Wright (H.R. House Dem.)
Increase penalties for operation of common carrier while impaired. Fine or imprisonment
of not more than 20 years or both where.death results, and not more than 10 years if
serious bodily injury. Any other case, fine or imprisonment or both of not more than 5
years. (H.R. 4916, Title XIII - Sec. 1401, 1402)
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Bill: Michel (H.R. 4842 House Rep.)
Mandates a $10,000 fine and/or imprisonment for not more than 5.years for operating in the
course of business, a "railraod car, locomotive, bus, watercraft, or aircraft while under
the influence of alcohol or drugs".
If drug and alcohol use results in death of another person, the operator will be
imprisoned not less than 5 years and not more than 30 years per death, and may be fined
$100,000 per, death. Penalties are reduced by 50% for cases involving serious bodily
injury. (Sec. 2231-2232)
Amends the Federal Aviation Act to permanently revoke an airman's flight certificate
following a conviction for drug trafficking. (Sec. 4071)
Bill: Dole (S. Senate Rep.)
Includes the Danforth provision to require substance abuse testing, including mandatory
random testing, of operators and other safety sensitive personnel of aircraft, railroads,
and commercial motor vehicles. These provisions would give DoT broad testing authority
over federally regulated transport workers were passed 83-7 by the Senate in October, 1987
as part of H.R. 3051, the Air Passenger Protection Act. (Sec. 1017 et. seq. - Title I)
Makes federal certification of a common carrier dependent upon the carrier's commitment to
a drug-free workplace.
White House Conference for a Drug Free America
Every private and public transportation organization should have a strong antidrug-policy
that is developed and implemented by both labor and management and covers all employees.
Transportation industry liability and health insurers and workers compensation carriers
should offer reduced premiums, associated with the reduced risk, for companies adopting
effective antidrug policies and programs.
The transportation industry should promote public awareness, especially among young
people, that illicit drug use is not tolerated among workers in the transportation
industry.
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The Federal Government should pass legislation to encourage States to set "no use" of
illicit drugs as the standard for all transportation operators, whether commercial or
private (not-for-hire), and to assess penalties toward States that do not comply.
The Department of Transportation should establish a clearinghouse to collect, identify,
and disseminate information about model, antidurg policies, regulations, legislation and
standards.
The Department of Transportation should establish a Drug-Free Transportation Working Group
composed of public and private sector experts, including operations personnel, to address
the long-range issues involving drug use and transportation.
National Drug Policy Board
Administration Position
To the extent consistent with the Transportation Department's proposed antidrug rules, we
support drug testing (including random testing)?for.workers performing sensitive safety or
security-sensitive functions in transportation industries; we consequently support
legislation authorizing or mandating such programs. Serious criminal penalties may well
have a deterrent effect on the use of drugs; we support the imposition of such penalties,
so long as they are not legislated to the exclusion of antidrug programs of the kind the
Department has proposed, as a practical matter (we defer to the judgment of Congress on
the latter point). With regards to the airman's certificate revocation provision of the
Michel bill (should be revised to provide the revocation penalty in the case of a drug
violation involving an aircraft) our experience indicates that the NTSB is typically
unwilling to revoke licenses for untrelated offenses. We have no objection to the
provision of the Dole bill concerning certification of common carriers; we defer to the
views of the ICC concerning the effects-on the certification process of such a requirement
for ICC regulated carriers.
DOJ notes that specific provisions require detailed analysis, but the general concepts may
be supported. DOJ has reservations about all the proposals as drafted. Detailed comments
are being prepared. Justice also objects to the Wright provisions penalties structure and
concurs with DOT on other considerations and drug testing.
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Status
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August 8, 1988
Lead Agency: DOJ
Others:
USE OF. JUVENILES IN DRUG RELATED CRIMES
***************************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Amends the Controlled Substances Act to provide mandatory minimum penalties for purchase
of controlled substances from minors. (Sec. 2935)
Bill:
Wright (H.R.
-- House Dem.)
Bill:
Michel (H.R. 4842
-- House Rep.)
Bill:
Dole (S. -- Senate Rep.)
Provides for mandatory sentences for selling drugs to minors:' 10 years without parole for
the first offense, life without parole for the second offense.
Provides enhanced penalties for drug violations that involve the selling within certain
distances of a school yard; and the use of juveniles in drug trafficking. (Sec. 3401)
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White House Conference fora Drug Free America
National Drug Policy Board
Administration Position
The Administration has reservations about but does not oppose the Byrd and Dole
provisions.
Status
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August 8, 1988
Lead Agency: DOJ
Others:
HOUSE PROBATION
Bill:
D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill:
Byrd (S.
-- Senate Dem.)
Bill:
Wright (H.R.
-- House Dem.)
Bill:
Michel (H.R. 4842
-- House Rep.)
Bill:
Dole (S. -- Senate Rep.)
Provides house probation as a discretionary condition of probation, parole, or supervised
released. (Sec. 3601)
White House Conference for a Drug Free America
National Drug Policy Board
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Administration Position
The Administration supports home curfew and detention conditions as a discretionary
substitute for pre-release placement and/or as a substitute for reimprisonment for
violations of parole for probation. The Michel provision requires technical correction,
however, and additional consideration to resource implications for the parole and
probation systems.
Status
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August 8, 1988
Lead Agency: DOJ
Others:
LIFE-SENTENCE.FOR DRUG DEALERS
******************************
Bill:
D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill:
Byrd (S.
-- Senate Dem.)
Bill:
Wright (H.R.
-- House Dem.)
Bill:
Michel (H.R. 4842
-- House
Rep.)
Bill:
-
Dole (S. -- Senate Rep.)
Imposition of a life sentence without parole for dealers upon their third conviction for a
drug trafficking offense., (Current law imposes a mandatory term of 15 years without
parole for any felon upon a third conviction, regardless of the type of crime involved.
This proposal would specify that three drug related convictions would result in life"
imprisonment.) (Sec. 3701)
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White House Conference for a Drug Free America
Federal, and State government- should develop *stronger penalties for persons trafficking or
distributing illegal drugs.
National Drug Policy Board
Administration Position
The Administration supports the Dole provision with technical corrections.
Status
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August 8, 1988
Lead Agency: DOJ
Others:
DRUG OFFENSES WITHIN PRISONS
****************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Bill: Wright (H.R. -- House Dem.)
Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
Provides that persons who manufacture or distribute drugs within Federal prisons shall, in
addition to any other sentence, be imprisoned for 10 years. Also, provides that inmates
who use drugs shall, in addition to any other sentence, be imprisoned for one year.
(Sec. 3703)
White House Conference for a Drug Free America
National Drug Policy Board
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Administration Position
The Administration supports with technical corrections and modifications, including with
regard to criminal aliens.
Status
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Lead Agency: DOJ
Others: OMB-
USER FEES FOR PRISONERS
***********************
Bill:
D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill:
Byrd (S.
-- Senate Dem.)
.Bill:
Wright (H.R.
-- House Dem.)
Bill:
Michel (H.R. 4842
-- House Rep.)
Bill:
Dole (S. -- Senate Rep.)
August 8, 1988
Directs the Attorney General to prepare a plan which would require Federal inmates to pay
for,the costs of their incarceration or to work after their release to pay for such costs.
White House Conference for a Drug Free America
National Drug Policy Board
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Administration Position
The Dole bill provision has the Administration's qualified support. (The Administration
has concerns about the feasibility of such a plan and believes additional legal analysis
is necessary.)
Status
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Lead Agency: DOJ
Others:
ANTI-PUBLIC CORRUPTION
**********************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
August 8, 1988
Bill: Byrd (S. Senate Dem.)
Enacts an anti-public corruption act which enhances penalties for public corruption,
including narcotics corruption, to a Class C Felony. This double-edged provision covers
public officials who are influenced, as well as "any person" bribing public officials.
-(Sec. 2911)
Bill:
Wright (H.R.
House Dem.
Bill:
Michel (H.R. 4842
House Re .)
Prohibits schemes designed to "deprive or defraud" citizens of the honest services of
public officals. Also prohibits schemes designed to interfere with impartial elections.
Prohibited schemes must involve the use of the mail service, wire, radio, televison, or
interstate transportation.
Violators of this provision will be fined and/or imprisoned for no more than 10 years in
non drug related cases, and 20 years in drug related cases. (Sec. 2101)
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
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National Drug Policy Board
Enact a Narcotics Corruption Act to strengthen enforcement and enhance penalties for
narcotics related public corruption.
Administration Position
The. Administration supports the narcotics related corruption aspect of the Byrd bill with
modification, and strongly supports the Michel provisions, but recommends adoption of the
Justice Department's proposals as technically and substantively preferable.
Status
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Lead Agency: TR
Others: DOJ
PROHIBITIONS ON THE USE OF FIREARMS
***********************************
August 8, 1988
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Makes it unlawful to possess a firearm or other dangerous weapon in a Federal courthouse.
(Sec. 199A)
Bill: Byrd (S. Senate-Dem.
)
Bill: Wright (H.R. House Dem.)
Establishes a 7-day waiting period for sale of handguns by licensees to nonlicensees (Sec.
903).
Bill: Michel (H.R. 4842 House Rep.)
Requires an additional 10 year sentence for those convicted of assaulting a Federal
Officer with a firearm.
Prohibits possession of any firearm or dangerous weapon in a Federal courthouse or court
facility except by specified public officals and law enforcement personnel.
Includes other provisions to strengthen penalties for possession of firearms and
explosives. (Sec. 2081-2088)
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Bill: Dole (S. Senate Rep.)
Increases current mandatory sentences for using firearms in the commission of a crime of
violence or drug crime.
White House Conference for a Drug Free America
National Drug Policy Board
Prohibits the possession of firearms in federal courthouses and of explosives in airports;
imposes Federal minimum mandatory prison sentences of 5 years for persons convicted of
possession of illegal automatic weapons, and of 10 years for using a fireain in an assault
on a Federal officer.
Administration Position
Treasury notes that ATF would support the Byrd bill provisions which prohibit possession
of firearms and other dangerous weapons on Federal facilities if narrowed to apply only to
firearms and if "facility" is more narrowly defined. ATF opposes provisions that prohibit
possession or transfer of firearms on private or public school property, because it
addresses a purely State and local concern. ATF supports provisions which treat juvenile
proceedings as "convictions" for purposes of, sentence enhancement under the Armed Career
Criminal Act, 18 U.S.C. sec. 924(e), where the defendent has 3 prior convictions for
violent felonies or drug trafficking crimes (sec. 2913). ATF could also support
provisions which require Federal firearms licensees to report to the Government sales of 2
or more "paramilitary" firearms within 5 consecutive business days to an unlicensed person
(sec. 2921), if the term "paramilitary" is defined.
With regard to the DeConcini provisions which would prohibit possession of firearms and
other dangerous weapons within any Federal courthouse, ATF would support the amendment if
it is incorporated within the Gun Control Act.
ATF would support provisions in the Wright bill that would establish a 7-day waiting
period for sale of handguns by licensees to nonlicensees if technical corrections are
made.
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ATF would support the Michel bill provisions. These are administration proposals which
were prepared by the Justice Department after consultation with ATF. ATF favors these
provisions.
DOJ supports both Michel and Dole amendments.
Status
Letters of support have been sent to the House and Senate Judiciary Committees and the
Senate Governmental Affairs Committee.
Phil McGuire, Associate Director, Bureau of Alcohol, Tobacco and Firearms, testified
August 2 before the Senate Judiciary Committee..
ATF has provided informal technical assistance to various committee and law enforcement
subgroup staff.
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August 8, 1988
Lead Agency: TR
Other: DOJ
USE OF FIREARMS IN DRUG CRIMES
******************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd. -- Senate Dem.
Bill: Wright (H.R. -- House Dem.)
Contains provision making it unlawful to travel from state-to-state or foreign place to
acquire a firearm with intent to use it in violating the controlled Substances Act.
Contains provision making it unlawful to transfer a firearm knowing that it will be used
in crime of violence or drug crime.
Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America
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National Drug Policy Board
Administration Position
Treasury notes that ATF supports the Byrd, Dole, and Michel provisions and has no
objection to the Wright bill provisions.
DOJ also supports.
Status
Letters of support have been sent to the House and Senate Judiciary Committees and the
Senate Governmental Affairs Committee.
Phil McGuire, Associate Director, Bureau of Alcohol, Tobacco and Firearms, testified
August 2 before the Senate Judiciary Committee.
ATF has provided informal technical assistance to various committee and law enforcement
subgroup staff.
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August 8, 1988
IV. ORGANIZATION -- TR
Reorganization:
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
? DOT/Treasury .............. X DOT; TR, DOJ C
Coast Guard/Maritime Service x X DOT; DOC, DOS C
DOJ/Create Drug Division X DOJ, TR C
Drug Czar/NDPB Changes....... X X X X X X DOJ; DOD, OMB A
TR, DOT, DOS, NSC
Note:. Blanks - no provision x = provision
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August 8, 1988
Lead Agency: DOT
Others: TR
DOT/TREASURY REORGANIZATION
***************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.).
Transfers the Coast Guard to Treasury; establishes a new Undersecretary of the Treasury
for Enforcement and Border Affairs and new offices of "Enforcement and Border Affairs,"
each headed by an Assistant Secretary and each reporting to new Undersecretary USCG to be
switched to function 750. (Sec. 50.3-504).
Bill:
Byrd (S.
-- Senate Dem.)
Bill:
Wright (H.R.
-- House Dem.)
Bill:
Michel (H.R. 4842
-- House-Rep.)
Bill: Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America
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National Drug Policy Board
Administration Position
The Administration believes that the Coast Guard should remain in the Department of
Transportation. While drug interdiction is a major activity of the Coast Guard more than
three-fourths of its budget is associated with broader transportation functions.
Status
The Director of the Office of Management and Budget (OMB) sent a letter to Senator John
Glenn on June 7, 1988, opposing the transfer of.Coast Guard to Treasury.
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August 8, 1988
Lead Agency: DOT
Others: DOC
REORGANIZATION -- COAST GUARD AND NATIONAL MARITIME SERVICE
***********************************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Recommends a study for reorganizing the U.S. Coast Guard, possibly creating a separate
Department, to enhance the Coast Guard's long-term role in drug interdiction (Sec. 1011).
Bill:
Wright (H.R.
House Dem.)
Bill:
Michel (H.R. 4842
House Rep.)
Restablishes the Federal Maritime Administration as "an administration" in the Department
of Tranportation and includes within it the Coast Guard and the National Maritime Service.
Also establishes within it an Office of Drug Interdiction Coordination to coordinate drug
interdiction efforts. Transfers the portion of the National Ocean Service in NOAA related
to "charting and geodetic services and marine operations", and the portions of the
National Weather Service relating to the data buoy center to the Department of
Transportation. Requires the Secretary of Tranportation to report to Congress within 1
year of enactment on maritime functions in other agencies and to recommend other functions
to be transferred to the Federal Maritime Administration.
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Preserves exsisting legal procedures and provides for orderly transition procedures.
Creates within the Coast Guard Reserve a Merchant Marine Reserve whose members will have
"special knowledge or expertise regarding merchant marine affairs". (Sec. 4057-4069)
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
The Administration opposes any reorganization of the Coast Guard and the Maritime
Administration within the context of omnibus anti-drug legislation. The proposed
restructing of Coast Guard and the maritime Administration into a new Federal Maritime
Administration would potentially result in government inefficiency and confusion of
missions. The Administration also opposes the establishment of a Merchant Marine Reserve
component with the Coast Guard Reserve as part of the Omnibus anti-drug legislation.
Status
The Department of Transportation has not commented to Congress on this proposal.
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August 8, 1988
Lead Agency: DOJ
Others:
DOJ/CREATE ORGANIZED CRIME AND DRUG DIVISION
********************************************
Bill: D ''Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Established within the Department of Justice the Organized Crime and Dangerous Drugs
Division, consisting of several current divisions and programs within Justice, to more
effectively combat organized criminal activity involving illegal and dangerous drugs.
(Sec. 1054-1057). Creates a Director for the Bureau of Justice Assistance to enhance the
collection, analysis, dissemination and publication of information regarding drug control
activities at all levels (Federal, State, and'local). Eliminates the Office of Justice
Programs to further improve the performance of the various Justice Assistance Agencies.
(Sec. 2111-2115)
Bill: Wright (H.R. -- House Dem.)
Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
Strongly oppose all provisions.
Status
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August 8, 1988
Lead Agency: DOJ
Others: DOD, OMB, TR, DOT, DOS, NSC
DRUG CZAR
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Establishes a drug interdiction czar within DOD by mandating appointment of a Deputy
Assistant Secretary for Drug Interdiction and Enfrocement; the czar must be a civilian.
(Sec. 520)
Bill: Byrd (S. Senate Dem.
Creates a Director of National Drug control Policy, a cabinet-level position located in
the Executive Office of the President, who would be responsible for directing and
coordinating all Federal Government activities with respect to both drug supply
(interdiction and law enforcement) and drug demand (prevention, education and treatment)
(Sec. 1002)
Provides for the termination of the National Drug Enforcement Policy Board (within 90 days
of the appointment of the first Director of the Office of National Drug Control Policy),
the National Narcotics Border Interdiction System (within 180 days), the White House
Office od Drug Abuse Policy (within 90 days), the repeal of the National Narcotics Act of
1984 (within 90 days), and other changes to streamline the drug control effort. (Sec.
1010-1011)
Bill: Wright (H.R. 4916 House Dem.)
Establishes in the Executive Office of the President an office of Anti-Drug Operations and
Policy with 2 Deputies (demand reduction and law enforcement). Positions are appointed by
the President and confirmed by the Senate. No person shall serve in these positions while
holding other Federal positions. Authorizes Director to direct each department or agency
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with drug control responsibilities (Sec. 601). Requires annual submission to Congress of
a National and International Drug Control Strategy as well as a coordinated Federal drug
budget submission (Sec. 605-606). Terminates the NDPB within 90 days of establishing the
New Drug Czar (Sec. 604).
Bill: Michel (H.R. 4842 House Rep.)
Bill: Dole (S. Senate-Rep.)
Establishes a Cabinet level Director of Drug Control within the Executive office of the
president, to be appointed by the President with the advice and consent of the Senate.
Authorizes the Director to appoint Deputy Directors in the areas of drug law enforcement
and drug demand reduction.
Designates the Director as the Chairman of the Natinal Drug Policy Board.
Transfers those responsibilities now assigned to the board to the Director, specifying
that he carry them out after consultatin with the Board.
Authorizes the Director to review and modify budgets of drug relted programs before they
are transmitted by civilian agencies or departments to OMB.
Authorizes the Director to transfer up to 5% of funds between drug related programs after
notifying the Appropriations Committees.
Designates the Director to serve as primary advisor to the President and Congress on
national and international drug control programs and policies and on the implementation of
those policies.
Authorizes the Director to temporarily reassign personnel between agencies, with the
concurrence of those agencies, in order to implement drug control policies.
Authorizes the Director to assemble a staff to assist him in carrying out his duties.
Abolishes the white House Drug Abuse Policy Office.
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Adds the Director to the National Security Council.
Terminates the Director's office after six year unless Congress determines that there is
still a need for the position." (Sec. 5001-5010)
White House Conference for a Drug Free America
Legislation should be proposed and enacted to create the Cabinet-rank position of National
Drug-Director.
National Drug Policy Board
Mandate by legislation, the statutory responsibilities for the overall drug policy
management with the BDPB, as directed in Executive order 12590.
Provides for the President to designate the Chairman of the cabinet level body to be
responsible for the development and implementation of the national drug policy and plan.
Administration Position
DOT opposes enactment of any new authority establishing a "Drug Czar" as unnecessary and
undesirable. The NDPB provides an effective mechanism for coordination of the Federal
Government's response to the threat of illegal drugs.
State opposes each of the four bills which would create putative "drug czars". there are
vital aspects of foreign relations that can only be conducted by or through the Department
of State, functions which the Department is not willing to relinquish or subordinate.
Moreover, as recent history proves abundantly, Cabinet-level coordination is not only real
and working, but is clearly the direction in which organizational improvements should be
directed.
DOJ strongly opposes the obolition of the National Drug Policy Board and creation of a
"Drug Czar" with operational authority and/or budget control.
DOJ supports the concept of a coordinated Federal drug budget submission.
DOJ does not object to the creation of a cabinet level position to chair the NDPB and
coordinate policy and advise the President.
DOJ objects to all provisions which circumvent established procedures of cabinet
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 cy., vernment.
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DOJ supports permanent and adequate staffing,, security and resources for the NDPB and its
Chariman.
Status
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August 8, 1988
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
V. LAW ENFORCEMENT/INTERDICTION -- TR/DOT
A. Investigations
Chemical Diversion/Precursor Chemicals X X X X X X DOJ, TR C
Electronic Comm./Financial Privacy....
X X DOJ; FCC, C
DCI, TR
Money Laundering ...................... X X X X X X TR; DOJ,.POSTAL C
Expansion of Forest Service Authority. X X X X DOJ; AG C
Expansion of Postal Service Authority X X X X DOJ; POSTAL, DOT C
Improvements of Monetary Rewards..... X X X X DOJ; DOS, TR C
Task Force on Clandestine Drug Labs.. X X DOJ; EPA C
Expansion of FAA Authority........... X X X DOT; DOJ, TR C
Expansion INS of Authority........... X X DOJ; DOS, TR C
Programs in Insular Areas............ X DOJ; TR, INT, C
OMB
Note: Blanks.- no provision X - provision
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Lead Agency: DOJ
Others:
CHEMICAL DIVERSION/PRECURSOR CHEMICALS
August 8, 1988
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Establishes a new regulatory scheme concerning the sale and distribution of "precursor"
and "essential" chemicals (i.e., those used in manufacturing controlled substances);
creates criminal penalties for violations. (Sec. 154-161)
Bill: Byrd (S. Senate Dem.)
Requires recordkeeping of transactions involving precursor and essential chemicals as
specified by the. Attorney General and regulates the import and export of listed chemicals
(a 15-day notification is required). (Sec. 2202-2204)
Bill: Wright (H.R. House Dem.)
Includes provisions of the Chemical Diversion and Trafficking Act which require
recordkeeping on transactions related to the sale of precursor and essential chemicals as
well as tableting and encapsulating machines. Requires Attorney General to report
annually to Congress (H.R. 4916, Sec. 102). Requires notification to the Attorney General
of importation and exportation of certain chemicals and allows the Attorney General to
suspend transactions if they may be diverted to clandestine labs (H.R. 4916, Sec. 103).
Bill: Michel (H.R. 4842 House Rep.)
Requires those who manufacture and distribute drugs to maintain records (for 5 years) and
make reports as specified by the Attorney General through regulation, on the distribution,
receipts, sale, importation and exportation of precursor chemicals. (Precursor chemicals
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are used in the manufacturing of both legal and illegal drugs.) The Attorney General is
given discretion in determining the information needed to meet this requirement. (Sec.
2062)
Also, prohibits the distribution, sale or transfer of commercial tableting or
encapsulating machines without a certification of lawful use.
Allows the Attorney General to collect information relating to the distribution, sale or
other transfer of commercial tableting or encapsulating machines through regulation.
Persons convicted of violations of this section are prohibited from conducting certain
business activities for a minimum of 10 years. (Sec. 2066)
Violations of this section are subject to forfeiture provisions. (Sec. 2067)
Requires the Attorney General to maintain "an active" program to curtail the diversion of
precursor chemicals used in the manufacturing of illegal drugs. (Sec. 2061-2072)
Bill: Dole (S. Senate Rep.)
Amends Controlled Substances Act to establish a system for reporting on the manufacture
and sale of precursor and essential chemicals used in the production of illegal drugs (the
."Chemical Diversion and Trafficking Act of 1988"). Includes new penalties for failure to
comply with this Act. (Section 3551-3558)
Provides $45 million for domestic investigations. This includes implementation of the
precursor chemical provisions and $6 milion for anti-gang activities.
White House Conference for a Drug Free America
National Drug Policy Board
Establish a system for reporting on the manufacture and sale of precursor and essential
chemicals used in the production of illegal drugs.
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Administration Position
State supports the position taken by NDPB regarding establishment of a system for
reporting, noting that the Wright and Dole bills both contain elements of the Chemical
Diversion and Trafficking Act of 1988, which we understand Justice supports.
DOJ supports the relevant provisions of S. 2205 and urges enactment.
DOJ objects to provisions in H.R. 4916 which weaken penalties and other provisions which
require modification and technical correction.
DOJ supports sections 2062-2072 of the Michel bill and urges enactment, with technical
,corrections of other provisions in the Michel bill.
DOJ objects to section 2211 of the Byrd bill.
Status
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Lead Agency: DOJ
Others: FCC
ELECTRONIC COMMUNICATIONS/FINANCIAL PRIVACY
*******************************************
August 8, 1988
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Bill: Michel (H.R. 4842 House Rep.)
Electronic communications providers may provide a government agency with the name and
address of customers. (Sec. 2090)
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
Enact amendments to plug holes in current law regarding penalties for continuing criminal
enterprises, methamphetamine violations and other drug offenses; expanded forfeiture
provisions; financial privacy notification requirements; and electronic communication
intercept provisions.
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Administration Position
The Administration supports with technical corrections.
Disclosure by Electronic Communication Providers. Section 2090 of the bill, pp: 74-75
amends 18 U.S.C. 2703 to allow greater cooperation between providers of electronic
communication services and the government. It would add a provision stating that
providers of such service may, in response to a written request, disclose to a
governmental entity any publicly available information and the name and address of a
customer of such service whose telephone number is provided to the service by a government
entity. We support the thrust of this provision but believe it does not go far enough.
We think the cooperation contemplated by the section should be made mandatory and that a
written request from the government should not be necessary. Accordingly, we recommend
that the word "may" in line five, page 75 be replaced with the word "shall" and that the
phrase "in response to a written request" on line six, page 75 be replaced with "in
response to a written or oral request".
Status
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August 8, 1988
Lead Agency: TR
Others: DOJ, Postal Service
MONEY LAUNDERING
****************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Permits fines to be imposed for the costs of prosecution and investigation of certain
offenses (e.g., money laundering). Sec. 188(h)
Bill: Byrd (S. Senate Dem.)
Amends the Money Laundering Act to require that foreign banks with branches or
subsidiaries operating in the United States maintain records of U.S. currency
transactions.
Bill: Wright (H.R.4916 House Dem.)
Amends the Bank Secrecy Act to: prohibit financial institutions from issuing or selling
certain monetary instruments of $3,000 or more to an individual without identification;
give the Secretary of the Treasury discretionary authority to target domestic financial
institutions in certain geographic areas and require specified monetary transaction
records and reports.
Amends the Right to Financial Privacy Act of 1978.by adding a subsection that exempts the
requirement to notify insiders of financial institutions under the Act and permits a
financial institution to provide financial records of insiders of such institutions to
Federal or State law enforcement agencies.
Amends Title 31 USC to make the Postal Service an appropriate supervising agency for
enforcement purposes under the Bank Secrecy Act. (Sec. 502.)
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Provides an exemption for bone fide attorneys fees from Money Laundering Control Act.
Bill: Michel (H.R. 4842 House Rep.)
Requires the reporting of certain electronic fund transfers and consequences regarding
knowingly conducting financial transactions that involve proceeds of unlawful activity.
Violations of this section involving cocaine or heroine will be subject to a civil penalty
of no more than $100,000 for a first offense and $500,000 for subsequent violations.
Fines collected under this section will be "allocated equally" to drug education,
treatment, and state and local narcotics assistance" as prescribed by the Attorney
General. In cases involving violations of the import and export act, fines collected will
be deposited.in the Department of Justice Assets Forfeiture Fund. (Sec. 21,21 - 2122)
Bill: Dole (S. Senate Rep.)
Includes improvements and corrections to money laundering enfordement.
Includes various technical amendments to 18 USC Sec. 1956-1957, also improves the
forfeiture authority relating to money laundering offenses. Amends the Right to Financial
Privacy Act, including adding paragraphs that exempt the requirement to notify any
"officer, director, employee, major borrower (whose loans total $500,000 or more) or
controlling shareholder" and permits sharing of information to the Attorney General or
State law enforcement agencies.
Amends the Bank Secrecy Act to include the Postal Service as an appropriate supervising
agency. Also amends the Bank Secrecy Act.to require financiual institutions that sell
monetary instruments to verify the identification of the person purchasing such
instruments.
Amends Section 21(b) of the Federal Deposit Insurance Act and P.L. 91-508. (Section
3301-3305)
Amends Internal Revenue Code of 1986. (Section 3306)
White House Conference for a Drug Free America
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National Drug Policy Board
Improve Money Laundering laws to affirm federal authority to conduct "sting" operations,
add tax evasion as a predicate money laundering offense, and otherwise strengthen
enforcement.
Administration Position
With respect to money laundering and financial privacy, Treasury has no strong objection
to any provision in the House bills or in the Byrd bill (with the exception of section.
5503 of the Byrd bill on foreign bank BSA reporting). These bills simply are inadequate
on scope.
DOJ supports the Michel/Dole bill provisions with technical amendments and modifications
which are detailed in the legislative proposal worked out by DOJ and Treasury as part of
the NDPB process. (Objections to specific provisions of the House and Senate bills are
attached but DOJ defers to Treasury to express agreements between the agencies on the
details of the NDPB proposal.)
Status
A letter from Secretary Baker was sent to Senators Proxmire and Garn to remove the Kerry
proposal.
Letters sent from Secretary Baker to Republican Leader Michel, and Reps. Shaw, Fish,
McCollum, Wylie and Wortley in support of Treasury's money Laundering proposals.
Treasury is providing informal technical assistance verbally and in meetings with House
and,Senate Committee and subgroup staff.
Deputy Assistant Secretary for Enforcement Hilsher testified June 8 before House Committee
on Banking, Finance and Urban Affairs.
The Internal Revenue Service is providing technical assistance with the Senate Law
Enforcement subgroup.
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August 8, 1988
Lead Agency: DOJ
Others: Agriculture
NATIONAL FOREST SERVICE
***********************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Congress finds that the NFS needs more authority to adequately deal with drug-related and
other crimes that affect the administration of the NFS. Specifically, it needs to be able
to investigate outside the NFS boundaries with regard to crimes committed within the NSF
system. The NFS Drug Control Act of 1986 is amended so that agents and officers of the
NFS can make arrests without warrants if there is probable cause that a felony is
committed in their presence that either occurs within the NFS or affects the
administration of the NFS. The NFS also will cooperate with the Attorney General in
carrying out seizures and forfeitures, and the. Secretary of Agriculture is authorized to
designate law enforcement officers of any other Federal agency (to assist the NFS) when
deemed appropriate. The NFS is authorized to accept law enforcement designation from any
other Federal or State agency of political subdivision thereof for cooperating in
multi-agency task force operations. (Sec. 2966-2969)
Bill: Wright (H.R. 4916 House Dem.)
Allows the Secretary of Agriculture to designate Forest Service officers to enforce
criminal laws relating to controlled substances manufactured or distributed on National
Forest Service land (Sec. 1004).
Applies provisions of Title XV of ADAA '86 to Forest Service special agents and law
enforcement officers in general instead of 500 officers. Allows Forest Service to conduct
drug law enforcement activities outside national forest boundries. Specifies that Forest
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Service must coordinate with DEA and FBI. Allows Forest Service to deputize law
enforcement personnel from other Federal agencies.
Authorizes $10 million annually for Forest Service drug law enforcement activities.
Eliminates need for a formal agreement between the Secretary of Agriculture and the
Attorney General. (Interior Section 2)
Bill: Michel (H.R. 4842 House Rep.)
Authorizes law enforcement personnel in the Forest Service to make arrests outside the
boundaries of the National Forest System when they are in hot pursuit of a suspect.
Forest Service law enforcement personnel are directed to coordinate their efforts with DEA
and FBI. (Section 2131)
Bill: Dole (S. . Senate Rep.)
Grants general arrest authority to Forest Service law enforcement officers outside of the
National Forest system. Also grants Forest Service law enforcement officers the authority
to conduct investigations.of offenses committed in the National Forest System and not
being investigated by any other Federal agency. An exception is made for Section 841 of
Title 21, the Controlled Substances Act, where Forest Service personnel are to act under
cross-designation from DEA. (Section 12001-12003)
Authorizes the Secretary of Agriculture to deputize-law enforcement officers of any other
Federal agency, when the Secretary determines deputization to be economical and in the
public interest, and with the concurrence of that agency, to exercise the powers and
authorities of the Forest service while assisting the Forest Service in the National.
Forest System, or for activities administered by the Forest Service. (Section 12004)
Enhances the booby-trap penalty provisions of the 1986 Anti-Drug Abuse Act. (Section
12005)
White House Conference for a Drug Free America
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National Drug Policy Board
Administration Position
The Forest Service and the Drug Enforcement Administration are in the process of
developing a cross-designation implementation program. Once this program is implemented
it is doubtful that additional Title 21 authority for the Forest Service would be
necessary.
Other proposed legislation would provide clarification of Forest Service law enforcement
authority, (ex. authority for the Secretary of Agriculture to deputize; removal of the 500
person limit on the number of Forest Service law enforcement personnel who may be
authorized to enforce Title 21'and other general law enforcement authority). This
legislation is needed in order to improve the current Forest Service law enforcement
program.
The Dole bill provides for the above authorities. It also specifies that Forest Service
involvement in investigations of Title 21 offenses outside the boundaries of the National
Forest System will be under DEA cross-designation.
DOJ Strongly opposes this section of the Wright bill. The Drug Enforcement Administration
was created by Congress to consolidate the existing, fragmented federal anti-drug law
enforcement efforts. To advance that purpose, the Attorney General reently designated DEA
as the lead federal drug enforcement agency. This proposed section countermands that
purpose. By providing the NFS with title 21 authority, it weakens coordinated federal law
enforcement efforts. Diffusing Title 21 authority decentralizes intelligence, imperils-
operations, and endangers lives of sources and law enforcement personnel. An existing
Memorandum of Understanding between the Attorney General and the Secretary of Agriculture
provides procedural guidelines when cases require the NFS to use their investigative and
enforcement powers outside the boundaries of the National Forest System. Amendments to
this MOU can be made if any adjustments are required. DOJ opposes.
Status
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August 8, 1988
Lead Agency: DOJ
Others: Postal Service, DOT
EXPANSION OF POSTAL SERVICE AUTHORITY
*************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. 4916 House Dem.)
Provides authority to investigate criminal matters related to the USPS and the mails.
Establishes a Postal Forfeiture Fund (Sec. 1001).
Bill: Michel (H.R. 4842 House Rep.)
"To the extent provided in an-agreement between the Attorney General and the Postal
Service", permits Postal Service employees (with authority to make arrests), to perform
enforcement functions with respect to illegal drugs involving the mail. Also includes
forfeiture provisions. (Sec. 2141)
Bill: Dole (S. Senate Rep.)
Amends 18 USC Section 981 to include U.S. Postal Service. (Section 3501)
White House Conference for a Drug Free America
National Drug Policy Board
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Provide for FAA, Postal Service, other federal employees, and airport passenger and
baggage screeners who in the course of their normal duties of inspection identify illegal
drugs or large amounts of currency that may be related to drug trafficking to report the
information to federal law enforcement officers.
Administration Position
DOJ objects to provisions of H.R. 4619, and supports with technical corrections H.R. 4842
and section 3501 of the Dole bill.
Status
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Lead Agency: DOJ
Others: DOS
IMPROVEMENTS OF MONETARY REWARDS
********************************
August 8, 1988
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Authorizes rewards of up to $10,000 for information leading to the capture of certain
fugitives. (Sec. 199)
Bill:
Byrd (S.
Senate Dem.)
Bill:
Wright (H.R.
House Dem.)
Bill:
Michel (H.R. 4842
'House Rep.)
Requires the Attorney General to conduct a study on how to assist enforcement efforts by
improving the reward system. This report is due to Congress with 180 days after enactment.
(Sec. 2191)
Bill: Dole (S. Senate Rep.)
Provides for rewards for citizens who provide information on drug dealers to authorities;
money to come from a pool of forfeited assets.
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White House Conference for a Drug Free America
National Drug Policy Board
Increase resources available for rewards for the capture and conviction of drug
traffickers; and for international training for anti drug operation; and, for computerized
border management systems to identify and monitor cross border movement of drug
traffickers .and terrorists.
Administration Position
The Department of State, which already has authority for a system or rewards related to
the arrest and prosecution of major drug traffickers, supports an authorization and
appropriation of funds for this purpose. The DeConcini, Michel and Dole bills essentially
speak to domestic enforcement.
DOJ supports these provisions with technical correction.
OMB opposes funding increases which would violate the Bipartisan Budget Agreement without
appropriate offsets.
Status
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August 8, 1988
Lead Agency: DOJ
Others: EPA
TASK FORCE ON CLANDESTINE DRUG LABORATORIES
Bill:
D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill:
Byrd (S.
Senate Dem.)
Bill:
Wright
H.R.
House Dem.)
Establishes a joint DEA/EPA task force for hazardous waste destruction (H.R. 4916, Sec.
151-156).
Bill: Michel (H.R. 4842 House Rep.)
Establihes a Task Force consisting of members from both EPA and DEA to formulate a plan
for the,cleanup and destruction of illegal drug labs.
This task force is required to submit a report to the President and the Congress
describing this plan within 120 days of enactment. (Sec. 2221-2226)
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
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Administration Position
The Administration supports the Michel provisions (H.R. 4842). Subtitle V of Title II of
the bill (sections 2221-2226) provides for the establishment of a task force to implement
a program for the cleanup and disposal of hazardous waste from clandestine laboratories.
In reviewing the anti-drug strategies of the states, we have found that they are often not
equipped to handle such situations. The task force would be extremely useful to state and
local governments and would aid in reducing the public health hazards caused by chemicals.
We .recommend, however, that Subitle V contain language stating that the Drug Enforcement
Administration is not to be considered a generator of hazardous waste.u
Status
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Lead Agency: DOT
Others: DOJ, TR
EXPANSION OF FAA AUTHORITY
**************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Establishes new aircraft reporting requirements.
August 8, 1988
Bill: Wright (H.R. House Dem.)
Amends the Federal Aviation Act of 1958 to give FAA a role in assisting law enforcement
agencies in the enforcement of laws relating to the regulation of controlled substances to
the extent consistent with aviation safety.
Directs FAA, through a rulemaking process, to 'address certain deficiencies and abuses
identified by drug enforcement agencies with respect to registering of aircraft,
certificating of pilots, and processing of major repairs or alterations of aircraft fuel
tanks and fuel systems.
Bill: Michel (H.R. 4842 House Rep.)
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
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National Drug Policy Board
Provide for FAA, Postal Service, other federal employees, and airport passenger and
baggage screeners who in the course of their normal duties of inspection identify illegal
drugs or large amounts of currency that may be related to drug trafficking to report the
information to federal law enforcement officers.
Administration Position
Treasury supports provisions on the modification of Airman Certification procedures, and
fuel system alterations provisions. On the isssue of running without lights, Treasury
notes this provision should be supported but modified. The technical portions of this
amendment should be supported. Actions violating FAA safety regulations (e.g., running
without lights), however, should be subject to stiff civil penalties. The civil penalty
provision should be established in a manner paralleling'19 U.S.C. 1590 which sets up a
presumption when an aircraft is flying without lights that it is engaged in smuggling and
that this presumption must be overcome by the pilot to prevent imposition of the penalty.
On the issue of transponders, Treasury notes Administration action has already surpassed
this provision. This provision should not be supported. A study of this issue is no
longer necessary, because the FAA is already-addressing it.
DOJ supports the FAA language provided by DOT (to NDPB) as a substitute to the Wright bill
language on FAA law enforcement assistance.
Status
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Lead Agency: DOJ
Others: DOS
EXPAND INS AUTHORITY
********************
August 8, 1988
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Permits INS, as part of the Organized Crime Drug Enforcement Task Force in New York city,
to hire non-Federal law enforcement officers if "insufficient" Federal officers are
available. (Section 195A)
Bill: Byrd (S. -- Senate Dem.)
Bill: Wright (H.R. -- House Dem.)
Bill:
Michel (H.R. 4842 -- House Rep.)
Bill:
Dole (S. -- Senate Rep.)
Expands RICO predicate offenses to include acts that are indictable as a .felony violation
of the Immigration and Nationality Act. (Sec. 8014)
Authorizes the INS to access the National Crime Information Center data base and other
enforcement computerized indexes. (Sec. 8016)
Subject to the supervision of the Attorney General, provides general law enforcement
authority to immigration officers permitting them to enforce criminal violations of
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federal law encountered during the course of their duties, subject to the supervision of
the Attorney General. (Sec. 8017)
Permits limitation or denial of nonimmigrant visas to nationals of major drug producing or
drug-transit countries which have neither cooperated fully with the United States nor have
taken adequate steps on its own to prevent drug related activities. (Sec. 8018)
Requires certified copies of conviction records to be provided to INS. (Sec. 8019)
Requires that each alien excluded from the U.S. under the Immigration and Nationality Act
have his travel documents stamped to indicate the attempted date of entry and denial of
admission. (Sec. 8020)
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
State opposes the Dole provision which would authorize INS, which currently has no
authority over non-immigrant visas, to deny or limit nonimmigrant visas to nationals of
major drug producing or transit countries which have not cooperated fully with the U.S.
(see certification procedures under'Sec. 481(h) FAA). Granting of visas is a State
function. The bill would not only deny visas to drug traffickers, the only persons
appropriately affected by sanctions associated with denial of certification, but could
also deny visas to diplomats, artists, businessmen, students, etc.
DOS supports the Dole provisions with modifications.
The Administration supports the screening process and has provided to the NDPB'a drafting
service to amend the FAA act to allow for airport passenger and baggage screeners to
inspect for illegal drugs or large amounts of currency, previously provided to OST which
states:
"Section 315(a) of the Federal Aviation Act of 1958 (49 U.S.C. app. 1356(a)) is amended by
inserting the following after the second sentence thereof:
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The regulations prescribed pursuant to this section shall further provide that persons who
screen passengers and property shall, in the cburse of such screening and incidental to
their primary functions of screening to assure security against acts of criminal violence
and aircraft piracy in air transportation and intrastate air transportation, inform
appropriate law enforcement personnel of the presence of (a) a controlled substance, as
such a substance is defined in section 609(c) of the Federal Aviation Act of 1958, as
amended and which is listed in Schedules I or II of controlled substances, or is present
in large quantities not dispersed by a pharmacy; or (b) a large sum of money."
Status
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August 8, 1988
Lead Agency: DOJ
Others: TR, INT, OMB
PROGRAMS IN INSULAR AREAS
*************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Bill: Wright T.R. (-- House Dem.)
Authorizes DEA, FBI, Secret Service, INS, and Customs to investigate any U.S. criminal
laws'that are - appliable in Palau in cooperatioon wih law enforcement agencies in Palau.
Amends the U.S. Insular Areas Drug Abuse Act of 1986 by adding a provision requiring DEA
to station not fewer than four agents in Guam who shall be assigned to the Micronesian
region. Authorizes a $500,000 grant to the Government of Guam for "drug abuse law
enforcement equipment."
Requires DEA to station not fewer than four agents in the Virgin Islands who shall be
assigned to the eastern Caribbean region.
Authorizes grants for American Samoa ($700,000), Guam ($500,000) Northern Mariana Islands
($125,000), Puerto Rico ($7 million) Virgin Islands ($2 million), and Palau ($500,000) to
be spent in accordance with a plan to be approved by the Sec. of Interior in Consultation
with .the Attorney General and the Secretaries of Education and HHS.
Bill: Michel (H.R. 4842 -- House Rep.)
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Bill: Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America
National Dru Policy Board
Administration Position
Treasury notes this provision should be supported.
DOJ opposes legislative allocation of limited law enforcement resources as
micromanagement.
Status
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August 8, 1988
B. Interdiction
Increased Use of DOD ..............
Study of Flight Corridors.........
Expansion of Coast Guard Authority
Great Lakes Drug Interdiction.....
Port of Entry/Cargo Inspection....
Maritime Drug Smuggling Reform....
Expansion of Customs Authority....
Treasury Enforcement ..............
U.S. Vessel Identification........
Airline Anti-smuggling............
Passport Restrictions .............
U.S. Bahamas Drug Task Force......
Innocent Owners Seizures ..........
Air Smuggling .....................
Note: Blanks = -no provision x---provision
DRUG BILL ANALYSIS SUMMARY
Senate House White House Lead Dept;
Byrd Dole DeConc n Wright M chel NDPB Conference Others
Category
^ a DOD, TR, DOT,
DOJ
DOT; TR C
DOT; TR, DOD B
DOT; TR, DOD, C
DOS
TR; DOT C
DOT; TR, DOS C
rx; w?r, VOJ B
TR; DOJ B
DOT; TR
TR; DOT
uo5; DOJ, TR
DOS; DOJ, TR,
DOT
X X DOT; TR
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August 8, 1988
Lead Agency: DOD
Other: TR, DOT
INCREASED USE OF DOD
********************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Require Navy to provide Coast Guard with three radar surveillance aircraft, as long as
Navy Mission not affected.
Bill: Michel (H.R. 4842 House Rep.)
Requires the President to:
Deploy "equipment and personnel" of the Armed Forces to stop the penetration of U.S.
borders by aircraft and vessels transporting narcotics (wtihin 60 days of enactment).
Military personnel will be used to "locate, pursue, and seize" these vessels and arrest
crew members;
Use the National Guard to carry out the provisions in this act;
Deploy enough radar aircraft to ensure continuous surveillance of the southern U.S.
border;
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"substanially halt the penetration of'U.S. borders by aircraft and vessels carry narcotics
within 45 days of enactment"; and
Provide 2 reports to Congress; one on the effectiveness of this program and its impact on
military readiness (due within 60 days of enactment), and one on funding requests (due
within 90 days of enactment). (Sec. 4001)
Includes a requirement beginning in 1990 that establishes a separate budget function for
the DOD drug interdiction program.
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
Increase the appropriate use of DOD resources, such as training teams, technical
assistance, intelligence gathering, and equipment in support of law enforcement
interdiction and destruction of drug manufacturing facilities in cooperating foreign
nations.
Expand the role and level of DOD military support by designating surveillance and
detection in support of drug law enforcement efforts as a mission of the DOD military; DOD
will expand the role of the National Guard, increase training resources, and drug
enforcement operational support. Additionally, urge Congress to fully fund the Coast
Guard to the level requested by the President.
Administration Position
DOD supports the NDPB position. This is essentially the position recently taken by the
House and Senate on the FY 1989 Defense Authorization Bill. Strongly oppose Michel Bill
(H.R. 4842).
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DOT supports the recommendation of the NDPB to designate surveillance and detection in
support of drug law enforcement efforts as a mission of the military. DOT also supports
use by the Coast Guard of three Navy E-2C aircraft, if available for drug interdiction.
Status
Legislation passed Congress (FY 1989 Defense Authorization Act) but was vetoed because of
provisions other than the drug provisions.
The Commandant of the Coast Guard testified on June 5, 1988, before the House Merchant
Marine and Fisheries Committee, Subcommittee on Coast Guard and Navigation, in response to
a question by Congressman Hochbrueckner, that more E-2C's would be helpful.
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Lead Agency: DOT
Other: TR
STUDY OF FLIGHT CORRIDORS
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd S.
Senate Dem.)
August 8, 1988
Bill: Wright (H.R. House Dem.)
Requires Secretary of Transportation to conduct a study of the feasibility of flight
corridors. Similar to H. R. 4842.
Bill: Michel (H.R. 4842 House Rep.)
Requires the Secretary of Transportation to conduct a study on the feasibility of
establishing flight corridors across the southern U.S. border and to report the results to
Congress within 180 days of enactment. This study will include review of the policy of
interdicting those straying from these corridors. (Sec. 4031)
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
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National Drug Policy Board
Administration Position
DOT has no objection to studying the issue. The FAA, however, has had discussions with
the U.S. Customs, U.S. Coast Guard, and DOD concerning the establishment of flight
corridors. These agencies have identified no requirement that would call for the
establishment of corridors. The concensus has been that the negative economic and safety
impacts, even without detailed study, would not justify the extreme action of limiting
access to the southern borders and coastal regions to specific flight corridors.
Treasury notes this provision should not be supported. In light of recent actions by the
FAA concerning the use of transponders, this study is not necessary.
Status
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Lead Agency: DOT
Others: TR, DOD
EXPANSION OF COAST GUARD AUTHORITY
**********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
August 8, 1988
For the Coast Guard, authorizes additional funds for air and marine assets to apprehend
drug traffickers, and additional funds for personnel.
Bill: Wright (H.R. House Dem.)
Includes provisions providing certain legal, protections to Coast Guard officers with
regard to enforcement duties (MM & Fish Sec. 2, 5 & 6) similar sections in H.R. 4842.
Includes provision amending existing law to require Coast Guard to engage in maritime
survelliance or interdiction to enforce U.S. laws. (MM & Fish sec. 11(2)) It does not'
contain the amendments to 14 U.S.C. 89 (see H.R..4842) re: specified duties of officers.
Bill: Michel (H.R. 4842 House Rep.)
Amends exisiting law to require Coast Guard to engage in maritime surveilliance or
interdiction to enforce the laws of the U.S. and specifies duties of Coast Guard personnel
in carrying out this mission. (Sec. 4045)
Does not contain amendments to suits in Admiralty Act and Public Vessels Act (re: legal
protections to Coast Guard officers) which are in the Wright bill (MM & Fish, Sec. 6)
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Includes provisions providing certain legal protection to Coast Guard officers with
regards to enforcement duties. (Sec. 4047 & 4048)
Authorizes an additional $155 million for acquisition and construction of equipment, $17
million for the maintenance of this equipment and amounts "necessary for personnel to
operate" this equipment. (Sec. 4044-4049)
Bill: Dole (S. Senate Rep.)
Amends 10 U.S.C. 379 and 14 U.S.C. 637 to give Navy commanding officers and those acting
under their orders, including Coast Guard LEDET's, the authority and protection currently
in 14 U.S.C. 637 to shoot at vessels without being subject to personal liability when a
Navy ship has a Coast Guard LEDET attached.
Requires the Secretary of Treasury, in consultation with the Secretary of Transportation,
to submit draft legislation to Congress to restrict the ports of entry for vessels from
drug producing countries, to require advance notification of arrival from these vessels,
and to subject those vessels to quarantine and inspection. Also allows the Secretary to
promulgate and charge fees for inspection services, as appropriate.
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
DOT supports provisions providing authority and protection of commanding officers on naval
vessels to which Coast Guard personnel are assigned, indemnification of Coast Guard
members and employees and amendments to the suits in Admiralty Act and Public Vessels Act
with regard to enforcement duties. DOT objects to the provision amending existing law to
require Coast Guard to engage in maritime surveillance and interdiction as unnecessary
because this is the subject of a Memorandum of Understanding beween the Coast Guard and
Customs Service. DOT supports full funding at the President's requested levels for the
Coast Guard. DOT strongly opposes amending 14 U.S.C. 89 to give the Coast Guard the
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authority to use force to compel compliance from aircraft, also questions the level of
appropriateness concerning requiring the Customs Service and the Coast Guard to submit
draft legislation to restrict the ports of entry. for vessels from drug producing countries
and believes that, at this time, a study would be more' appropriate.
With regards to the provision on Air Interdiction, Treasury notes the provision should not
be supported. Both the Coast Guard and the Customs Service by agreement reached through
the NDPB, request that this provision be withdrawn.
Treasury supports provisions relating to indemnification, liability protection, and suits
in Admiralty.
Status
The Department of Transportation has communicated to Congress its support for the
provisions supported above.
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August 8, 1988?
Lead Agency: DOT
Other: TR, DOD, DOS
GREAT LAKES DRUG INTERDICTION
*****************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Same language as Section 4050 of H.R. 4842 below. Directs negotiations with Canada on
drug enforcement cooperation.
Bill: Michel (H.R. 4842 House Rep.)
With respect to the Great Lakes area, directs the Secretary of Transporation and Customs
Commissioner to develop an agreement for increasing the effectiveness of drug
interdiction; (Section 4050) and requires the Secretaries of Transportaion, Navy, Air
Force, and Customs Commissioner to increase use of long range surveillance aircraft to
detect smugglers. (Sec. 4053)
Requires the Secretary of Transportation in consultation with other drug law enforcement
agencies, to draft legislation to control the ports of entry for vessels arriving from
drug producing countries. This legislation is to include notification of arrival and
special inspection procedures.
Directs negotiations with Canada on drug enforcement cooperation (Sec. 4054).
Bill: Dole (S. Senate Rep.)
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White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
The Administration strongly objects to any provision which legislatively allocates the
scarce resources of the Coast Guard. In addition, the current threat in the Great Lakes
does not justify the increased use of long-range surveillance aircraft at this time. The
Administration does not object to negotiations with Canada on cooperative drug
enforcement.
Status
Commandant of the U.S. Coast Guard testified before the Coast Guard and Navigation
Subcommittee on June 15.
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August 8, 1988
Lead Agency: TR
Other: DOT
PORT OF ENTRY/CARGO INSPECTION
******************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Bill: Michel (H.R. 4842 House Rep.)
Requires the Secretary of Treasury in consultation with other drug law enforcement
agencies, to draft legislation to control the ports of entry for vessels arriving from
drug producing countries. This legislation is to include notification of arrival and
special inspection procedures. (Sec. 4051)
Bill: Dole (S. Senate Rep.)
Requires the Secretary of Treasury in consultation with other drug enforcement agencies,
to draft legislation to control ports of entry for vessels and Aircraft. (Sec.- 9002)
White House Conference for a Drug Free America
National Drug Policy Board
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Expand and focus research and development efforts on drug detection technology to identify
drugs in commercial cargo containers.
Administration Position
DOT supports the recommendation of the National Drug Policy Board designed to increase the
Customs Service's ability to-identify drugs in cargo containers. At this point,
legislation for special restrictions on and inspections of vessels seems premature and a
study of the issue is recommended.
Treasury notes that this provision should not be supported. It constitutes
micromanagement by Congress. There are questions about the constitutionality of Congress
requiring the President to submit legislation. -
Status
The Department of Transportation has not commented to Congress on this proposal.
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August 8, 1988
Lead Agency: DOT
Other: TR, DOS
MARITIME DRUG SMUGGLING
***********************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Extends Maritime Drug Smuggling Act to U.S. Citizens aboard vessel of any nation
(Extraterritorial jurisdiction for simple possession).
Amends Maritime Drug. Enforcement Act to require operators of vessels which would otherwise
be considered U.S. vessels but for a valid foreign registry, to raise that issue at the
time of boarding.
Bill: Michel (H.R. 4842 House Rep.)
Bill: Dole (S. Senate Rep.)
Extends Maritime Drug Smuggling Act to U.S. Citizens aboard vessel of any nation (Sec.
9003).
Amends Maritime Drug Enforcement Act to require operators of vessels which would otherwise
be considered U.S. vessels but for a valid foreign registry, to raise that issue at the
time of boarding (Sec. 9004).
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White House Conference for a Drug Free America
National Drug Policy Board
Modify the maritime drug smuggling criminal penalties to provide explicit extraterritorial
application of 21 U.S.C. 844 (simple possession), in order to allow for the inclusion of
possession as a lesser included offense in drug trafficking cases and to penalize the
failure to comply with lawful boarding orders to vessels and landing orders to aircraft.
Administration Position
DOT supports extension of the Maritime Drug Smuggling Act to United States citizens aboard
vessels of other nations. This will permit U.S prosecution of U.S. citizens apprehended
for violation of drug laws by a foreign nation when that nation does not intend to
prosecute the U.S. citizen. DOT also supports amending the Maritime Drug Enforcement Act
to require operators of vessels which would otherwise be considered U.S. vessels but for a
valid foreign registry, to raise that issue at the time of boarding, thus closing a
loophole through which drug smugglers have avoided prosecution.
The Department of State does not oppose the position taken by the NDPB, provided there is
a jurisdictional nexus to the United States, e.g., a U.S. citizen, a U.S. flag vessel,
etc.
With regards to provisions concerning claims of registry and possession on the high seas,
Treasury notes these provisions should be strongly supported. In addition, 46 U.S.C. 1903
should also be amended to include the offense of simple possession of controlled
substances on the high seas.
Status
The Department of Transportation communicated its support for these provisions; which the
Coast Guard drafted, to Congress.
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August 8, 1988
Lead Agency: TR
Others: DOT, DOJ
EXPANSION OF CUSTOMS AUTHORITY
******************************
Bill; .D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Requires aircraft pilots to report to Customs upon departure from the U.S. and establishes
civil penalties for violations.
Increases penalties for failure to declare controlled substances.
Permits Customs to board vessels on the high seas and, with consent, in the contiguous
zone, territorial seas and internal waters of foreign countries.
Makes various technical changes with respect to declarations of forfeiture.
Permits sharing of forfeited property with State and local law enforcement agencies if
agencies "cooperate" with Customs in joint law enforcement operations (compared to
"participated directly" in current law); also permits sharing property with foreign
governments; permits retention of forfeited property for use by Customs.
Makes violations of 3 additional statues e. the Export Administration Act)
RICO-predicate offenses; also establishes a new Customs civil penalty. (Sec. 188
b,c,d,e,f,g and Sec. 191).
Bill: Byrd (S. -- Senate Dem.)
For the Customs Service, authorizes additional funds for aircraft (primarily for
apprehension), personnel, and a cargo container narcotics detection program.
Enhances Customs Subpoena authority (Sec. 2502(h)).
Increase penalties of failure to declare controlled substances. (Sec. 2502(d)).
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Makes various technical changes with respect to declaration of forfeiture (2502(e) and
2024).
Amends 19 U.S.C. 1616 to permit sharing of forfeited property with State and local law
enforcement agencies if they "cooperate" with Customs in joint law enforcement operations.
Also permits retention of assets and sharing with foreign governments. (2502(f)).
Also amends 19 U.S.C. 1616 to allow for retention of assets for official use but no
foreign sharing and no sharing with State and locals unless directs participation in
seizure or forfeiture of the property (2022). This is a conflict with 2502(f).
Allow Court to assess costs of investigations and prosecution against convicted drug
violators.
Bill: Wright (H.R. -- House Dem.)
Authorizes additional funds for cargo container scanning device research.
Increass penalties of failure to declare controlled substances (Sec. S.2205)
Permits sharing of forfeited property with State and local law enforcement agencies if
they "cooperate" With Customs in joint law enforcement operations. Also permits retention
of assests and sharing with foreign governments. (Sec. 2205).
Provides for transfer of aircraft to sheriff of Marion County,* Indiana for drug
enforcement.
Bill: Michel (H.R. 4842 -- House Rep.)
Adds civil penaltis of $100,000 to $500,000 for import/export of controlled substances.
(2112(b)).
Bill: Dole (S. -- Senate Rep.)
Airport Drug Interdiction Zone -- Increases the authority and power of the U.S. Customs
Service and the Federal Aviation Administration to seize and search commercial aircraft
for illegal drugs and narcotics. The Administrator of the FAA is empowered to designate
Airport Drug Interdiction Zones in conjunction with the Issueance of airport operating
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certificates. This enables the Customs Services and the FAA to search and seize
commercial aircraft in these zones without probable cause; the seizure to last no more
than two business days. Commercial airlines would be encouraged to enter written
agreements of participation with the FAA. Commercial carriers would be allowed to go
unpenalized if they submitted their planes to this search.
Adds civil penalties of $250,000 to $100,000 for importing or exporting controlled
substances (3402(b)).
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
Treasury supports provisions on Customs Supoena Authority, prosecution expenses, failure
to declare controlled substances upon entry into the U.S., recognition of administrative
forfeitures, additional RICO predicates, and transfer of aircraft ownership penalty.
With regards to the Sharing of Forfeited Assets provisions, Treasury notes the provisions
in Section 188 (g) of the D'Amato bill and sections 2502(f) of the Byrd bill should not be
supported. Section 2022 of the Byrd bill should not be supported. The clarification-
concerning retention of forfeited property is necessary because similar language was lost
when section 1616 was repealed by the Anti-Drug Act of 1986 and the parellel provision
section 1616a was left intact. In addition, the requirement in the present law, 19 U.S.C.
1616a, which allows asset sharing only when the state or local law enforcement agency has
"directly participated" in a seizure or forfeiture with Customs (i.e., they must have been
involved in the specific case) impedes transferring forfeited property when the local
agency generally assists Customs, but for some reason, did not take part in a specific
case. It is important to encourage state, local and foreign government participation in
joint enforcement efforts with Customs. The proposal in the D'Amato bill and section 2024
of the Byrd bill would allow customs to transfer forfeited, property based on overall
cooperation, rather than on a case by case basis. Foreign cooperation is not limited to
specific joint operations, but also overall cooperation in Customs law enforcement. This
authority should be helpful in encouraging Customs to Customs mutual assistance agreements
between the United States and foreign governments.
With regards to the Civil penalties provisions, Treasury notes these provisions should be
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_..pported. The higher the penalty amounts would have more impact on drug smugglers.
With regards to the Customs High Seas boarding, Treasury notes that this provision should
not be supported. Both the Coast Guard and the Customs Service by agreement reached
through the NDPB, request that this provision be withdrawn.
DOT strongly opposes any expansion of Customs' authority on the high seas as an
unnecessary and inefficient use of scarce interdiction resources, and because of possible
impact on Coast Guard authority to enforce U.S. laws on the high seas.
DOT objects to the airport drug interdiction zones proposal. It would impose an
unnecessary burden on FAA since Customs already has the authority to search aircraft
arriving from foreign countries. Further, FAA's authority should not be expanded to law
enforcement search and seizure activity.
Status
DOT's position on Customs' authority on the high seas has been communicated to Congress.
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August 8, 1988
Lead Agency: TR
Other: DOJ
TREASURY ENFORCEMENT
********************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Provides Treasury/Customs with enhanced enforcement authority (e.g., by permitting
Treasury employees to administer oaths, subpoena witnesses, and compel the attendance of
witnesses); also permits Treasury to "invoke the aid of any court of the United States" to
compel compliance with a subpoena. (Sec. 190).
Bill: Byrd (S. -- Senate Dem.)
Same provision as Section 190 of S. 2205.
Bill: Wright (H.R. -- House Dem.)
Bill: Michel (H.R. 4892 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
The Administration opposes this provision.
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Status
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August 8, 1988
Lead Agency: DOT
Other: TR
U.S. VESSEL IDENTIFICATION
**************************
Bill: D'Amato/DeConci}ii (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.
Bill: Wright (H.R. House Dem.)
Bill: -Michel (H.R. 4842 House Rep.)
Clarifies the definition of U.S. vessels and requires the Secretary of Tranportation to
submit legislation to "conform references" to these vessels and to collect and maintain
information on them. (Sec. 4055-4056)
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
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Administration Position
DOT opposes this provision which would rewrite much of the current law on vessel
documentation in a technically flawed, vague and confusing way. These proposals would
overload the existing system for documenting vessels,. increasing the number of vessels
from 200,000 to about 9,000,000, and causing problems for the Coast Guard and the maritime
industry it serves.
Treasury notes this provision should be supported.
Status
The Commandant of the Coast Guard has testified on this issue before the Coast Guard and
Navigation Subcommittee on June 15th.
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August 8, 1988
Lead Agency: TR
Others: DOT
AIRLINE ANTI-SMUGGLING
**********************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.) "
Bill: Wright (H.R. -- House Dem.)
Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
Ensures greater vigilance in interdicting illegal drug smuggling on commercial aircraft by
providing for formal and uniform procedures for the inspection of commercial aircraft by
the common carrier for illegal narcotics smuggling into the United States. Creates a
standard by which airlines can measure whether its precautions have satisfied the standard
of care prescribed by statute.
White House Conference for a Drug Free America
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National Drug Policy Board
Administration Position
The Department of Transportation opposes the Dole proposals that would establish a
standard for the degree of care that airlines must employ in preventing drug smuggling and
a rebuttable presumption that an air carrier certified as complying with the standard has
exercised the "highest degree of care and diligence." The Department has refused to
establish such a standard for vessels, and the establishment of one for air carriers would
be consistent with Zero Tolerance.
Treasury also notes that this provision should not be supported. It would impose a
significant resource burden on the Customs Service, encourage drug trafficking and
smuggling by removing the incentive for air carriers to prevent the illegal introduction
of drugs on the aircraft and cargo at foreign locations, and abrogate the Carrier
Initiative Agreements (concluded between Customs and thirty-six (36) international air
carriers) which enumerate in detail security measures and procedures to prevent drug
smuggling and ensure compliance with Customs law.
Status
Customs is providing informal technical assistance to several key Senators.
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August 8, 1988
Lead Agency: DOS
Others: DOJ, TR
PASSPORT RESTRICTIONS
*********************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Authorizes State to stamp passports of those convicted of drug offenses; requires
revocation of passports of persons convicted of drug offenses; prohibits issuance of
passport to a person convicted of a drug offense for 20 years after conviction (in the
case of a felony) or 5 years after conviction (in the case of a misdemeanor). (Sec. 189)
Bill: Byrd (S. Senate Dem.)
Provides for revocation of passports for felony (only) drug violations and makes violators
without passports ineligible to receive one for ten years.
Bill:
Wright (H.R.
House Dem.)
Bill:
Michel (H.R. 4842
House Rep.)
Bill:
Dole (S. Senate Rep.)
Requires that notation be made on a passport if a person has been convicted of a drug
offense or has incurred a forfeiture. In addition, revokes passports of convicted persons
for 10 years in cases of felony convictions, and 5 years in misdemeanor convictions.
Requires the stamping of passports of drug convicted aliens at time of attempted entry
into the United States. (Sec. 8020)
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White House Conference for a Drug Free America
National Drug Policy Board
Direct the identification of convicted drug traffickers traveling with a U.S. passport by
marking the passport to alert U.S. and foreign officials of previous violations, and
revoke passports of individuals caught bringing illegal drugs into the U.S.
Administration Position
The NDPB supports stamping passports of convicted drug traffickers. It should be noted,
however, that the Department of State is opposed to the stamping of passports due to the
fact that there is an established procedure for revocation through the judicial process
and current authorities and procedures should be upheld.
?.~Treasury notes that the provisions in either the Dole or D'Amato bills should be
supported. The Dole bill is preferred as it encompasses more offenses.
DOJ supports. (Requires coordination on technical matters.)
Status
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August 8, 1988
Lead Agency: DOS
Others: DOJ, TR, DOT
U.S.-BAHAMAS DRUG TASK FORCE
****************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Authorizes funding for the U.S.-Bahamas Drug Task Force for Bahamian Government
enforcement strike team and joint operations.
Bill: Wright (H.R. -- House Dem.)
Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
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Administration Position
DOT does not object to additional assets for the Task Force provided the funds are
properly allocated to the appropriate Federal agencies.
Treasury supports this provision.
State supports the Byrd bill authorizing funds for the task force and believes all such
funds should be allocated by the Department of State.
OMB opposes any additional funding for drug related programs that is not consistent with
the Bipartisan Budget Agreement and accompanied by appropriate offsets.
Status
This position has been communicated to the appropriate staff in Congress by the Coast
Guard.
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25,1988
Lead Agency: TR
Other: DOT, DOJ
INNOCENT OWNER SEIZURES
***********************
Bill:
D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill:
Byrd (S.
-- Senate Dem.)
Bill:
Wright (H.R.
-- House Dem.)
Provides that no conveyance may be forfeited under controlled substance Act except where
government show violation done with knowledge or consent of owner. (MM & Fish Sec. 7, and
Judiciary 206)
Bill: Michel (H.R. 4842 -- House Rep.)
Provides that no conveyance used as a common carrier on fishing vessel shall be forfeited.
under the controlled substances act unless the government shows that the owner or operator
consented in the violation. (Sec. 4052) Unlike the Wright bill above, this bill does not
provide procedures for preliminary hearing or for reimbursement.
Bill: Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America
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National Drug Policy Board
Administration Position
Treasury notes that these provisions should not be supported. They should be vigorously
opposed. Shifting the burden of proof to the government would reverse two hundred years
of forfeiture law. See Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S., 663, 683
(1973). Since the Act of July 31, 1789, 1 Stat. 39, conveyances used in violation of the
Custom's laws have been subject to seizure and forefeiture in in rem proceedings.
Moreover, "the innocence of the owner of property subject to forefeiture has almost
uniformly been rejected as a defense". Id., citing the Palmyra, 12,Wheat .1 (1827).
The rationale underlying this principle is that the conveyance is the offender and the
owner's innocence is irrelevant. Additionally, forfeiture laws as applied to innocent
parties serve an important public policy-by "inducing them to exercise greater care in
transferring possession of their property". Id., at 688.
It should be noted that the Supreme Court's analysis, of forfeiture law and principles
arose out of a case upholding the forfeiture of a leased vessel. upon which only one
marijuana cigarette was found. Id., at 693. The Supreme Court recognized not only that
forfeiture is applicable in drug possession cases, but that any possible defense by an
innocent owner to establish that the conveyance was taken without his consent or that he
had no knowledge of the illegal activity and had done all that could reasonably be
expected to prevent the proscribed use of his property.
By shifting the burden of proof to the government in these forefeiture cases, the customs
Service would be severely hampered in its law enforcement mission. Not only are alleged
innocent owners in a better position to prove that they meet the Calero-Toledo. defense,
but owners in general are in a better postion to control the use of their conveyances and
monitor the action of those in possession of their conveyances. Shifting the burden of
proof to the government will only foster laisse-faire attitudes and incidents of willful
blindness by owners. Owners would no longer be encouraged to exercise greater vigilance
and responsibility with regard to the illegal use of their conveyances.
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As noted earlier, the innocent owner is currently afforded protection and due process
under the Custom's laws, regulations and administrative procedures. For example, customs
regulations, 19 CFR 171.13, allow an innocent owner to file a petition for relief and
obtain mitigation by establishing his lack of knowledge and identifying reasonable steps
taken to prevent the proscribed use of his conveyance. Alternatively,.an alleged innocent
owner may file a claim and cost bond which suspends the administrative forfeiture
proceedings and causes the matter to be referred to the U.S. Attorney for institution of
judicial forfeiture proceedings, giving the owner the opportunity to be heard in a
judicial forum.
In the Wright bill the section relating to notice and preliminary hearing requirements,
cost bonds, and final judicial hearings would not guarantee an expedited review process,
By eliminating the opportunity to proceed administratively under Custom's procedures, each
case would be processed in an already overburdened judicial system. The requirement that
a complaint be filed in court within 90 days of the preliminary hearing guarantees at a
minimum a three year court case in the Southern District of Florida, for example. If the
case is handled adminisratively, the average time in which a case is resolved is less than
1 year. Custom's regulations already provide that owners and interested parties receive
seizure notices informing them,of their rights such as petitioning for relief, filing a
claim and cost bond to force the matter into court, or substituting the value of the
conveyance to secure its immediate release (assuming an owner is not already in possession
of the conveyance via a constructive seizure agreement). Adequate protection for innocent
owners is provided for in Custom's regulations and procedures and in a more efficent and
timely manner than contemplated by this section to the revised amendment.
DOJ opposes the provisions as drafted.
Status
Letters sent to House Leadership and House Merchant Marine and Fisheries Committee
Chairmen.
Letter sent to House Ways and Means Chairman Rostenkowski.
U.S. Customs Service is providing technical assistance to the House Judiciary, Merchant
Marine and Fisheries, and Ways and Means Committee.
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August 8, 1988
Lead Agency: DOT
Other: TR
AIR SMUGGLING
*************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Requires aircraft pilots to report to Customs upon departure from the U.S. and establishes
civil penalties for violations (Sec. 2502)
Provides penalties for being a "critical crew member" on an aircraft or vessel engaged in
-smuggling (i.e. captain or pilot). (Sec. 2922)
Bill: Wright (H.R. -- House Dem.)
Provides for FAA modification of requirements for registration and recordation of
aircraft, issuing of airman's certificates and processing forms for alternative fuel
systems.
Provides criminal penalties for forgery of certificates, false-marking of aircraft and
other registration violations (includes seizures and forfeitureO
Makes it unlawfully to fly without lights while transporting controlled substances.
Provides for a study by the Secretary of Transportation of the use of transponders on
aircraft entering the U.S.,
Bill: Michel (H.R. 4842 -- House Rep.)
Contains provision prohibiting the reissuance of revoked airman certificates (Sec. 4071)
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Includes provision clarifying possession of drugs on airplan with intent to distribute.
(Sec. 2244)
Bill: Dole (S. -- Senate Rep.)
Includes provision clarifying possession of drugs on airplane with intent to distribute.
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
DOT supports some of the suggestions in the Wright bill, but objects to any mandate to
require specific actions which may have little impact on drug smuggling and impose
unnecessary burdens on general aviation. The Department of Transportation/Federal
Aviation Administration is already working to identify what actions it can take to be of
more assistance to law enforcement agencies. As such, the provisions in the Wright bill
mandating specific rulemaking actions is unnecessary.
DOT supports the provision suggested by the NDPB to use inspectors to report suspected
drug activity to law enforcement officials.
DOT notes that the requirement for a study on the use of transponders is unnecessary. The
FAA is exploring the issuance of a Notice of Proposed Rulemaking that would require the
use of tansponders on all aircraft entering U.S. airspace.
Treasury notes that the provisions relating to report of departure should be supported.
In light of increased aerial drug smuggling activity, enhanced identification is necessary
at the United States borders.
In addition, Treasury supports provisions relating to critical crew. Increasing penalties
against critical crew members should serve as a deterrent to those who facilitate the
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trafficking of drugs in and about the U.S. . Under the threat of the stiff penalties, the
economics of being a critical crew member should be such that those people will not want
to risk being caught. Fewer people therefore, will be willing to facilitate the
trafficking of drugs.
Treasury also supports the Dole bill provisions relating to possession on aircraft.
Treasury supports provisions which prohibit reissuances of airman certificates in persons
who have been convicted of activities related to controlled substances. This is another
increased penalty against those who facilitate the trafficking of drugs in and about the
U.S. With the threat of losing an airman certificate for 5 years, with no chance of
getting it back, many people will not want to risk being caught. Fewer people therefore,
will be willing to facilitate the trafficking of drugs.
DOJ supports the clarification provision with, technical corrections.
Status
The Department of Transportation testified on June 8, 1988 before the House Public Works
and Transportation Committee on FAA involvement in drugs.
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Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
C. State and Local Assistance
State and Local Narcotics Control Assist X. X X
Domestic Eradication ................
Use of National Guard for Enforcement
D. Intelligence
State Narcotics Report ............... X
Increased Intelligence Capabilities... X X
E. Other
Increased Research - Supply Side..... X X X X
Personnel Benefits ................... X X X X
Codifying the U.S. Marshals..........
Narcotics Trafficking on Tribal Lands
Transfer Aircraft to Indiana.........
X X DOJ; OMB A
DOJ; INT, AG C
DOD; DOJ, OMB A
X DOD; TR, DOS, C
DOS, OMB
OPM; DOS, OMB B
.DOJ
TR C
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Lead Agency: OMB
Others: DOJ
STATE AND LOCAL NARCOTICS CONTROL ASSISTANCE
********************************************
August 8,,-1988
Bill: D'Amato/DeConcini (S. 2205 . Senate Dem.)
Requires the Attorney General to ensure that forfeited property is shared with State and
local law enforcement agencies that participated directly in a seizure or enforcement
action.
(Sec. 103)
Establishes new and expensive ($1.5 billion, FY 89 - FY 91) formula and discretionary
grant program for State and local drug control programs; establishes Bureau of Justice
Assistance (BJA) by statute; requires BJA to complete an annual "National Strategic Drug
Control Plan;" makes permanent the pilot State prison construction grant program -- never
funded -- (and increases the Federal match to 80% from 20%); and authorizes additional
funds ($5 million) for BJA. (Sec. 110-145).
Bill: Byrd (S. Senate Dem.)
Reestablishes a commitment to state and local law enforcement, with particular emphasis on
street level enforcement by substantially increasing drug enforcement grants to state and
local governments, for particular programs aimed at drug control. Also outlines
requirements for-State grant applications, award periods, and program evaluations (Sec.
2121-2128). Reauhtorized financial assistance to State and local courts (Sec. 2181).
Amends Internal Revenue Code of 1986 such that .State and local agencies can be reimbursed
for providing information to the IRS leading to enhanced recovery of',Federal taxes (Sec.
2941).
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Bill: Wright (H.R. House Dem.)
Requires 5% of appropriation be granted for improvements to criminal history information
(H.R. 4916, Sec. 305). Requires certification from State that it is attempting to reduce
demand by holding violators accountable (H.R. 4916, Sec. 305). Establishes systems for
the distribution of State funds to local governments (H.R. 4916, Sec. 306-307).
Revises the matching requirement of 42 USC 379 to 50% (H.R. 4916, Sec. 308). Establishes
State and local grant for a drug law enforcement pilot project (H.R. 4916, Sec. 310).
Authorizes a $30 million appropriation in 1989, 1990, 1991, and 1992 for both BJS and NIJ
as well as $600 million for BJA.
Bill: Michel (H.R. 4842 House Rep.)
Authorizes $250 million for 1989 in grants to be used by states which introduce "elements
of individual user accountability", take steps to reduce delays in the legal process, and
"increase participation in multijurisdictional task forces." Prohibits use of these funds
for defense of those accused. State matching requirement is 50%. (Sec. 2031-2033)
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
Increase federal assistance to State and Local law enforcement through expanded federal
support for operational activities such as local Crack Task Forces, improved incentives
for local participation in joint operations such as Operation Allicance and the Organized
Crime Drug Enforcement Task Forces (OCDETF), support for local law enforcement efforts to
achieve drug free public housing, and user accountability/Zero Tolerance related
initiatives.
Administration Position
Treasury notes that IRS strongly opposes this provision as not directly related to the war
on drugs, not needed, and creating a substantial administative burden. Justice and OMB
opposed a similar proposal in 1986.
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Requires further coordination with OMB. DOJ opposes DeConcini sec. 110-145. DOJ opposes
Byrd provisions on BJA as detailed in an attachment. Michel provisions require review but
DOJ has no objection if within the Bipartisan Budget Agreement.
Status
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August 8, 1988
Lead Agency: DOJ
Others: INT, AG
DOMESTIC ERADICATION
********************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. 4916 House Dem.)
States that no action taken by the 'Attorney General regarding eradication in Hawaii shall
be considered a major action requiring a detailed statement under the National
Environmental Policy Act (Sec. 1205).
Bill: Michel (H.R. 4842 House Rep.)
Bill: Dole (S. Senate Pep.)
White House Conference for a Drug Free America
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National Drug Policy Board
Expand the domestic eradication campaign with additional support by the National Guard in
conjunction with the Drug Enforcement Administration's strategy.
Administration Position
The Administration supports this provision.
Status
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August 8, 1988
Lead Agency: DOD
Others: DOJ, OMB
USE OF NATIONAL GUARD FOR ENFORCEMENT
*************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Provides $60 million to be allocated to the States for use in drug interdiction and
enforcement operations of the National Guard. Governors must provide cost-effective
plans. Requires Secretary of Defense to prescribe and enforce training criteria for the
National Guard to enhance the National Guard's capability to assist in drug control
activities. Requires a Presidential report on effectiveness of using National Guard for
drug interdiction along the borders and at ports of entry.
Bill: Michel (H.R. 4842 House Rep.)
Prevents state governors from witholding consent to use the National Guard in Federal
(Title 10) status to assist in drug law enforcement efforts.
Bill: Dole (S. Senate Rep.)
Provides $60 million to be allocated between National Guard, Army: National Guard
Personnel and Allowances, Air National guard: Military Pay and Allowances, and Army
Guard: Operations and Maintenance, as directed by Chief, National Guard Bureau.
White House Conference for a Drug Free America
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National Drug Policy Board
Expand the domestic eradication campaign with-additional support by the National Guard in
conjunction with the Drug Enforcement Administration's strategy.
Administration Position
DOD supports the National Drug Policy Board. This support is consistent-with the Dole
bill, as well as the FY 1989 DOD Authorization Act, as it passed the Congress.
DOJ notes this position requires further development and coordination.
Status
Legislation vetoed (FY 1989 Defense Authorization Act) for reasons not associated with the
drug provisions.
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August 8, 1988
Lead Agency: DOS
Others: DOJ, TR
STATE NARCOTICS REPORTS
***********************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Extends an existing requirement that State's annual narcotics control include comments
prepared by DEA and Customs. (Sec. 242).
Bill: Byrd (S. -- Senate Dem.)
Requires that State applications for grants include a statewide strategy for drug control
as well as assessments of State drug problems and efforts (Sec. 2122).
Bill: Wright (H.R. -- House Dem.)
Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America
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National Drug Policy Board
Administration Position
State has worked out effective procedures for reflecting the views of DEA, Customs and
other agencies in the INCSR and finds further legislative directives unnecessary, e.g.,
the D'Amato bill. The Byrd bill is not appropriately cited here; its concern is with
domestic situations.
DOJ notes this requires further coordination. Byrd provision is not objectionable to nor
supported by DOJ.
Status
The Department of-State has worked out effective procedures for representing the views of
DEA, Customs and other agencies in the INCSR and feels that further legislative directives
are unnecessary. The Byrd bill is not appropriately cited here as its.concern is with
domestic situations.
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August 8, 1988
Lead Agency: DOJ
Others: NSC
INCREASED INTELLIGENCE CAPABILITIES
***********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Provides $4 million for EPIC (Sec. 4301).
Bill: Wright (H.R. House Dem.)
Bill: Michel (H.R. 4842 House Rep.)
Increases the role of the U.S. Intelligence community in the international anti-drug
effort and permits the use of electronic surveillance in international anti-trafficking
investigations. (Sec. 3081)
Bill: Dole (S. Senate Rep.)
Provides $3 million for El Paso Intelligence Center. EPIC coordinates all tactical
drug-related intelligence.
Authorizes the INS to access the National Crime Information-Center data base and other law
enforcement computerized indexes.
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White House Conference for a Drug Free America-
The Federal Government should designate a unified, national law enforcement drug
intelligence system.
National Drug Policy Board
Administration Position
DOJ supports these provisions, (however, NSC views have not been provided).
Status
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August 8, 1988
Lead Agency: DOD
Other: TR, DOS, DOJ, OMB
INCREASED RESEARCH -- SUPPLY SIDE
*********************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Establishes a "Research and Technology Group under the National Drug Policy Board to
review research and related program of DOD and other agencies and to assess their
applicability to law enforcement. Requires the Attorney General to establish an Advisory
Board (with members from industry, academia, and Federal agencies) to advise the Research
and Technology Group.
Establishes at DOD, Justice, and elsewhere "National Development Centers" to provide R&D
support to law enforcement agencies; requires OMB to prepare a supplemental budget request
for the Centers; and requires that no less than .002 of DOD's R&D budget be made available
to support research at the Centers for law enforcement agencies. (Sec. 601-602).
Bill: Byrd (S. --Senate Dem.)
Authorizes additional funds for cargo container scanning devices, nitrate detection or
other technologies.
Authorizes funds for development and implementation of machine readable travel document
program. (Sec. 5103).
Establishes a program "to improve the accuracy, timeliness; or completeness of criminal
justice information compiled and maintained by State and local criminal justice agencies"
through the use of grants enhancing or creating particular programs. (Sec. 2166)
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Bill: Wright (H.R. --House Dem.)
Authorizes additional funds for cargo container scanning devices research.
Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
Directs the National Institute of Justice to conduct research and evaluations to assist
State and local agencies in the development and enhancement of effective drug control
strategies and programs. This research must,be directed toward the development of a
comprehensive approach to drug control.
Directs NIJ to establish (1) a National Drug Control Clearinghouse to disseminate findings
and (2) and Economic, Behaviral, and Operational Research Center to integrate tactical,
behavioral, and technological drug control research into practical Federal, State and
local applications. (Sec. 3651).
White House Conference for a Drug Free America,
Research on the use of illicit drugs must be conducted in several ares: education,
prevention, media/entertainment, law enforcement, sports, treatment, and transportation.
National Drug Policy Board
Administration Position
DOD supports the need for enhanced research activities as described in Byrd, Wright and
Dole bills. Opposes D'Amato/DeConcini approach that diverts DOD resources from their
intended national security purposes to drug interdiction research.
With regards to increased research related to cargo container examinations, Treasury notes
these provisions should be supported. However, the amount-of money authorized in the Byrd
bill for research and development is too low. The authorization in the Ways and Means
bill is high enough but, should also be available for continued research in the area of
cargo container scanning devices. Treasury also supports provisions in the Byrd bill
relating to machine readable visas.
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DOJ opposes the National Development Centers. DOJ does not object to provisions in the
Wright bill. But advises modification of NIJ provisions (Dole).
Status
Under National Drug Policy Board Direction,. DOD chairs a newly formed committee on Science
and Technology which will be investigating this area. Legislation is premature at this
time.
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Lead Agency: OPM
Others: DOJ, OMB
PERSONNEL BENEFITS
August 8, 1988
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Increases PSOB death benefit from $50,000 to $100,000; permits payments to be made to
parents of deceased officer who are not "dependents;" establishes new Advisory commission
on Law Enforcement (located in the Legislative branch but with members from Executive
branch) to make recommendations on law enforcement pay, recruitment, retention, and the
like. (Sec. 171-117)
Bill: Byrd (S. Senate Dem.)
Increases PSOB death benefit from $50,000 to $10,000; parents who are not dependents are
permitted to be named beneficiaries. Authorizes establishment of national programs for
families of Public Safety Officers who have died in the line of duty (Sec. 2161-2162).
Establishes an independent, legislative branch National Advisory Commission on Law
Enforcement in order to study the compensation of law enforcement officers in all Federal
agencies (as well as "representative" State and local officers) with regard to inequities;
the Commission shall submit a report to the President and then terminate within 60 days
(Sec. 2302).
Bill: Wright (H.R. House Dem.)
Allows the AG to use DOS appropriations to make payments for benefits and allowances for
employees serving overseas (H.R. 4841 Sec. 1101). Expresses concern that U.S. should
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expand investigative activities with respect to drug use by U.S. personnel and dependents
stationed abroad (Sec. 306).
Bill: Michel (H.R. 4842 House Rep.)
Provides overseas DEA personnel with the same benefits as overseas State Department
personnel. Requires the Attorney General to report on the implementation of this section
120 days after enactment. (Sec. 2041)
Bill: Dole (S. Senate Rep.)
Increases the death benefit for Federal public safety officers from $50,000 to $100,000,
eliminates word "dependents" from paragraph 4 of 42 MSC 3796(a). (Sec. 3704)
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
The Administration supports increasing the Public Safety Officer Death benefit and
supports improvements in overseas benefits for certain DOJ personnel as incorporated in
the Administration's DOJ Reauthorization proposal. The Administration opposes the
Advisory Commission on Law Enforcement as unnecessary in view of existing flexibilities
under Public Law 100-202 to adjust pay for Federal employees, including law enforcement
employees, when recruiting or retention problems arise, as well as other initiatives the
Administration is supporting to increase pay flexibility. OPM is working with Federal law
enforcement agencies to address any problems that arise.
DOJ supports Byrd and S. 2205 provisions. Opposes Byrd provision in Sec. 2302.'
Status.
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August 8, 1988
Lead Agency: DOJ
Others:
CODIFYING THE U.S. MARSHAL SERVICE
**********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Bill: Michel (H.R. 4842 House Rep.)
Establishes the U.S. Marshal Service as a separate bureau in the Department of Justice.
Includes specific provisions on the appointment, residency requirements, duties and
replacement of U.S. Marshals. Authorizes funds for administrative expenses,
transportation of prisoners, aircraft and vessels, supervision of prisoners, firearms,
rewards, and other specified expenses as required in the performance of their duties.
Also specifies the specific duties and powers of U.S. Marshals.
Provides the Attorney General with the authority to exempt procurement functions from
standard government procedures when necessary to protect the confidentiallity of criminal
investigations. Also specifies fees to be collected by the Marshals in the performance of
their duties.
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Also authorizes expenditures related to Support of U.S. prisoners and other technical
amendments relating to forfeiture.
Bill: Dole (S. Senate Rep.)
Codifies orders and regulations of the Attorney General establishing the Marshals Service
as a separate unit of the Department of Justice and providing for its organizational
structure.
Includes specific provisions on the appointment, residency requirements, duties and
replacement of U.S. Marshals. Authorizes funds for administrative expenses,
transportation of prisoners, aircraft and vessels, supervision of prisoners,, firearms,
rewards, and other specified expenses as required in the performance of their duties.
Also specifies the specific duties and powers of U.S. Marshals.
Provides the Attorney General with the authority to exempt procurement functions from
standard government procedures when necessary to protect the confidentiallity of criminal
investigations. Also specifies fees to be'collected by the Marshals in the performance of
their duties.
Also authorizes expenditures related to the support of U.S. prisoners in non-Federal
institutions. (Sections 2101-2105)
Enhances security and appropriate decorum in the Federal courts by: a) restating the
Marshal traditional and premier responsibility of providing security for the courts and
executing court process; b) authorizing the Marshals to provide personal protection.to
judges, U.S. Attorneys and other Federal officials; and c) eliminating the statutory
provision which limits payment of court bailiffs to an unrealistically low level.
Provides explicit authority for the current functions of the Marshals Service, including
authority to: a) carry firearms and make arrests; b) conduct fugitive investigations;
c) protect Federal witnesses and their families; and d) provide for the transportation,
maintenance and housing of Federal prisoners awaiting trial and sentencing, including
entering agreements with States and localities to obtain necessary jail space.
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Creates a separate U.S. Marshal office for the Superior Court of the District of Columbia
to ensure that both the local D.C. court system and the Federal district and circuit
courts in D.C. receive the levels of attention they require.
Permits the Marshals to recover the actual costs of serving non-federal court orders or
processes in private litigation (currently borne by the taxpayers).
Furnishes the Marshals Service with explicit contracting authority to provide for security
guards and service of process in non-criminal proceedings.
protects the security and confidentiality of ongoing criminal investigations by exempting
from standard Federal acquisition procedures the procurement of contract services
necessary to assist Federal law enforcement in seizing and managing property related to
criminal enterprises.
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
The Administration supports Michel/Dole provisions with modifications.
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August 8, 1988
Lead Agency: INT
Others: OMB, DOJ
.NARCOTICS TRAFFICKING ON TRIBAL LANDS
*************************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Bill: Wright (H.R. -- House Dem.)
Amends Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986. Directs
the Secretary of the Interior to provide $500,000 for each of fiscal years 1990, 1991, and
1992 to the Tohono O'odham Tribe of Arizona and $450,00 for each of fiscal years 1989 and
1990 the St. Regis Band of Mohawk Indians of New York for control of drug trafficking.
Authorized $1.5 million for law enforcement and judicial training.
gill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America
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National Drug Policy Board
Administration Position
DOJ has no objection.
Status
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August 8, 1988 ?
Lead Agency: TR
Others:
TRANSFER OF AIRCRAFT TO MARION COUNTY, IN
*****************************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Bill: Wright (H.R. -- House Dem.)
Requires the Secretary of the Treasury to transfer to the sheriff of Marion County,
Indiana a light twin or single engine aircraft with a capacity of four or more passengers
that was forfeited to the U.S. and would otherwise be sold at a public auction.
Bill: Michel (H.R. 4842 -- House Rep. )
Bill: Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America
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National Drug Policy Board
Administration Position
Treasury does not support this provision, but notes that this can be a provision of which
they can acquiesce.
Status
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Senate House White House Lead Dept;
,Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
VI. INTERNATIONAL -- DOS
International Cooperation Efforts.... X X X X X X X DOS; DOJ, TR B
Limitation on Foreign Aid............ X X X DOS; DOJ C
Use of International Strike Forces... X X X X X DOS; DOJ, DOD B
Transfer of Forfeited Property....... . X X X DOS; TR B
Ammunition, Training & Other Assistance X X X X DOS; DOJ B
Drugs as a National Security Objective X X X X DOS; NSC B
Foreign Interdiction & Eradication Efforts X X X X X X DOS; DOJ, OMB A
Extradition and Mutal Leg. Assist. Treaties X X X X DOS; DOJ, TR C
Export - Import Bank Assistance...... X X DOS; TR, DOD C
INTERPOL (International Crime Symposium) X DOJ; OMB C
International Currency Transaction
Reporting ............................. X TR; DOS, DOJ B
Rewards ............................... X X DOS; OMB B
Certification/Reallocation of AID..... X X DOS; DOJ, TR, B
DOT
Note: Blanks = no provision X = prow s ion
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August 8, 1988
Lead Agency: DOS
Others: DOJ, TR
INTERNATIONAL COOPERATION EFFORTS
*********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Revises the criteria to be used by the President in certifying that foreign countries are
cooperating adequately in the drug war (Sec. 220). Imposes limitations on aid to Bolivia
and Mexico (Sec. 235-236). Requires report on any assistance that was provided during the
preceeding fiscal year (Sec. 244).
Bill: Byrd (S. Senate Dem.)
Appropriates $600,000 for the OAS Inter-American Drug Abuse Commission Legal Development
Project (Sec. 5108).
Bill: Wright (H.R. House Dem.)
Designates the Department of State to coordinate all assistance provided by the U.S.
government and to report annually to Congress (Sec. 301). Requires U.S. review of licit
opium gum procurement policies (Sec. 227).
Requires U.S. government to press efforts with Afghanistan to reduce production and
trafficking (Sec. 228). Requires quarterly reports of involvement of Laotian government
in drug trafficking (Sec. 229).
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Bill: Michel (H.R. 4842 'House Rep.)
Establishes a joint Mexico U.S. Commission to study narcotics related issues. The Speaker
of the House and the Majority leader of the Senate are each authorized to appoint at least
5 members to participate in this commission in addition to executive branch members.
Funding for this Commission will be derived from the Department of State "International
Conferences and Contingencies" account in the amount of $25,000 each for the House and
Senate. U.S. commission members are directed to make arrangements with their appropriate
Mexican counterparts with respect to the Commissions initial meeting. (Sec. 3091)
Directs the Secretary of State to establish an agreement with'Canada to increase the
sharing of information, related to drug interdiction. (Sec. 4054)
Encourages the President to "convene a meeting of the heads" of Western Hemisphere
countries that either have drug problems or,contribute to the spread of illicit drugs.
(Sec. 3031)
Bill: Dole (S. Senate Rep.)
Adds additional actions which the President shall consider in determining whether
countries are cooperating fully with the United States: a) has adopted laws to enable law
enforcement officials to move more effectively against narcotics traffickers, such as new
conspiracy laws and new asset seizure laws; b) has expeditiously processed U.S.
.extradition requests; c) has not protected or given haven to any known drug traffickers
and has expeditiously processed U.S. extradition requests relating to narcotics
trafficking made by other countries; and d) has investigated the murders of U.S. personnel
working in drug enforcement in that country who have been killed since 1985 and brought to
trial and effectively prosecuted those responsible for such murders. Additionally, the
criteria for entering into a mutual legal assistance agreement is changed from
"willingness of such government to enter into" such an agreement to "has entered into."
(Sec. 6001-6002)
Expresses the Sense of the Senate that the President should call for international
negotiations for the purpose of establishing an international drug force to pursue and
apprehend major international drug traffickers. (Sec. 6003)
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White House Conference for a Drug Free America
The U.S. Department of Treasury should convene a meeting, or series of meetings, on
international drug money laundering to develop specific suggestions for improving
international cooperation in the investigation and confiscation of illicit-drug-related
assets and profits.
The United States should intensify its efforts to exchange expertise and information with
other countries on effective prevention and treatment programs to combat illegal drug use.
National Drug Policy Board
Increase support and contribution to multilateral organizations engaged in anti drug
campaigns to encourage other nations to join the international effort'and to provide a
method of instituting anti drug programs in countries not yet willing to cooperate with
the U.S.
Expand our ability to share forfeited property with cooperating foreign nations pursuant
to international agreement.
Expand the international public awareness campaign by enhancing the flow and distribution
of information concerning the threat of drug abuse and the efforts of the U.S. to stem the
flow and demand for drugs.
Administration Position
The various bills have much broader impacts than noted in the summary, and State has at
various times commented on numerous of these provisions. The format chosen here does not
allow for replication of these detailed statements which have been. furnished previously to
OMB and NDPB. State cannot support any of these bills in toto.
To summarize, State opposes any sanctions beyond those implicit in Sec. 481(h), the
certification process, and thus opposes individual sanctions aginst Bolivia, Mexico and
others. State agreed to the various provisions of the House Foreign Affairs bill (H.R.
4842). which seek to align Titles II and IX of the 1986 Act. State has agreed to conduct
the illicit opium study, and agreed to report on assistance provided during the year by
all agencies, with specific endorsement of the Wright provision designating State as the
coordinator of all U.S. assistance. State opposed the Afghan amendment, and the
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requirement for exceptional reporting on Laos. State prefers the Wright provision for the
joint commission with Mexico (rather than the Michel provision). The decision on
convening a drug summit should be made by the White House. A sense of the Senate
amendment concerning the agreement with Canada is acceptable. State opposes the Dole
provision that in effect requires all countries to enter into MLATs as a condition of
certification. The U.S. government has an active MLAT negotiation program but does not
have the personnel to negotiate all the agreements that would be required by such a
provision in a timely fashion. Moreover, the record is that excellent cooperation on
money laundering has been-obtained from some governments with which we do not have MLATs
in force. Noting that Latin American governments have expressed opposition to various
bills calling for international strike forces, State is more amenable to bills which
require only that the issue by reviewed.
Status
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August 8, 1988
Lead Agency: DOS
Others: DOJ
LIMITATIONS ON AID
******************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Imposes limitations on aid to Bolivia and Mexico. (Sec. 235-236). Also requires report
on any assistance to a foreign country that was divided during the preceeding fiscal year
(Sec. 244).
Bill: Byrd (S. -- Senate Dem.)
Permits aid to Bolivia only if its government enacts stricter coca' production and
distribution statutes (Sec. 5204). Requires certification that aircraft provided to
foreign governments are used only for narcotics control (Sec 5205).
Bill: Wright (H.R. -- House. Dem.)
Allows security aid to Bolivia only if its government enacts legislation outlawing illicit
coca production (Sec. 222). Prohibits AID funding to Peru's Upper Huallaga Valley without
progress in meeting coca eradication goals (Sec. 223). Limits aid to Mexico because of
slow progress in the Cauacrena investigation and lack of success in drug control efforts
(Sec. 224). Requires that Pakistan anti-narcotics actions be given strong consideration
in making certification for security aid (Sec. 226). Prohibits use of international
narcotics control assistance funds to purchase real property (Sec. 265). Prohibits
assistance provided to or through any person the President believes a drug trafficker
(Sec. 263).
Bill: Michel (H.R. 4842 -- House Rep.)
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White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
DOJ defers to State on developing this position, which requires additional coordination.
State opposes the Bolivia, Peru, Mexico and Pakistan sanctions in all of these bills.
There is sufficient authority in Sec. 481(h) to impose economic and other sanctions on any
country which fails to cooperate. There is no 'logic in singling out these few countries,
to the exclusion of some others where cooperation may not be as forthcoming, or wherein
the situations are at least as daunting and complex. We doubt that Congress is prepared
to say these- are the worst countries in terms of cooperation but that is the effect of
this singling out for criticism and sanction.
Status
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August 8, 1988
Lead Agency: DOS '
Others: DOJ, DOD
USE OF INTERNATIONAL STRIKE FORCES
**********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Mandates a multinatinal strike force, with responsibility for establishment resting with
new "Ambassador at Large and Coordinator for.Western Hemisphere Antidrug Efforts" in State
and with joint chiefs of staff in DOD. Strike force would be established by "treaty or
executive agreement." For planning purposes, strike force would be equipped with United
States material. -Requires the President to submit a supplemental within 120 days for
funding the strike force.
-Bill: Byrd (S. Senate Dem.)
Directs establishment of a multi-national strike force to conduct operations against
international drug smuggling organizations throughout the Western Hemisphere (Sec. 5401).
Bill: Wright (H.R. House Dem.)
Authorizes $10 million for the U.S. share of expenses of a Latin American regional
anti-narcotics force. Encourages OAS to establish similar forces and strategies worldwide
(Sec. 101).
Bill: Michel (H.R. 4842 House Rep.)
Directs the President to develop a plan establishing a multinational strike force to
"combat illicit narcotics production and trafficking in the Americas and Asia". This plan
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is to be developed by the National Drug Policy Board in consultation with the Attorney
General, and the Secretaries of State and Defense. In addition the President is
encouraged to negotiate with other nations to implement this plan.
The President is also directed to submit to Congress a report on the implementaion of this
plan within 180 days. (Sec. 3001)
Bill: Dole (S. Senate Rep.)
White House Conference,for a Drug Free America
Strong consideration should be given to establishing an international antidrug fleet of
planes, helicopters, other vehicles, and necessary equipment to help with eradication,
intelligence, and enforcement efforts in source countries.
National Drug Policy Board
Administration Position
State notes the strongly expressed opposition of several heads of government in Latin
America to such strike forces. At best, legislation should not go beyond a requirement
for reassessing, with such governments, the feasibility of forming some type of
multinational or more probably regional force. Any such legislation should encourage
these governments to conduct bilateral and multilateral cross border operations. We
oppose all of these bills in their current form.
DOJ supports the Michel provisions with modifications.
Status
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August 8, 1988
Lead Agency: DOS
Other: TR
TRANSFER OF FORFEITED PROPERTY
******************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
ReqUires the President to report annually on transfers of forfeited property to foreign
governments. (Sec. 240).
Bill: Byrd (S. -- Senate Dem.)
Requires that forfeited property transfereed to foreign governments be subject to regular
reprogramming procedures (Sec. 5302).
Includes Reporting Requirement when forfeited property is transferred to foreign
governments (5302).
Permits Secretary of the Treasury to share forfeited property with foreign governments
(2502(f)).
Bill: Wright (H.R. -- House Dem.
Amends the Tariff Act of 1930 to provide for the transfer of forfeited property to a
foreign government that cooperate with Customs in.joint law enforcement operations.
Requires prior notification to Congress of the transfer of forfeited property to foreign
governments (Sec. 261).
Includes provision permitting Secretary of the Treasury to share forfeited property with
foreign governments.
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Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
DOT supports efforts to expand the uses which forfeited property or its proceeds may be
put to enhance drug interdiction efforts including access by the Coast Guaxd to the Fund
for seizure-related and interdiction expenses.
DOJ supports international sharing provisions developed by NDPB consultation. Objects to
aspects of Byrd and Wright provisions.
State is agreed to providing annual reports on property transfers but opposes the
reprogramming provisions of the Byrd and Wright bills, which is tantamount to a
legislative veto and would greatly encumber the. process. any statutory provision
permitting transfer of forfeited property to a foreign government should require that
transfer occur pursuant to a treaty or international agreement with the foreign
government, the Secretary of State's concurrence in the specific transfer, and prohibiting
transfer to countries which have been denied certification.
Status
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August 8, 1988
Lead Agency: DOS
Others: DOJ
AMMUNITIONS, TRAINING AND OTHER INTERNATIONAL ASSISTANCE
********************************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Directs INM to provide more assistance to countries which are drug transit countries but
do not met the definition of major transit countries and which are cooperating with the
United States (Sec. 5104). Earmarks $2 million for training, maintenance and operations'
of pilots and aircraft (Sec. 5107). 1
Bill: Wright (H.R. House Dem.)
States that INM should encourage and contribute to a regional anti-narcotics intelligence
center in the Caribbean (Sec. 104). Earmarks $2 million of International Military
Education and Training (IMET) funds for training, operation and maintenance of narcotics
control equipment in Latin America and the Caribbean (Sec. 204). Earmarks $1 million to
increase awareness of the effects of drugs on source and trans-shipment countries (Sec.
)?
Earmarks $1 million in aid for assistance to cooperative drug transit countries not deemed
major trans-shipment points (Sec. 221). Requires government to treat procurement of
international narcotics control property and services as expeditious as possible (Sec.
Authorizes assistance to friendly governments to procure, for use in narcotics control,
eradication, and interdiction efforts, weapons or ammunition for foreign law enforcement
agencies. This assistance is subject to strict standards outlined in the section to avoid
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the use of this assistance in counter-insurgency programs (Sec. 205). Exempts Columbia
from restrictions on the number of U.S. Armed Forces assigned to a foreign country to
manage security assistance programs (Sec. 225).
Bill: Michel (H.R. 4842 House Rep.)
Amends the Foreign Assistance act to expand the authority of the Secretary of State to
provide weapons, ammunition and police officer training for countries if the the President
determines this assistance is needed to combat illicit drug production. (Sec. 3021-3022)
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
Provide additional amounts and types of small arms, ammunition, and other military
assistance to cooperating anti narcotics forces in cooperating foreign countries by
seeking an amendment to the restrictions contained under Section 482B of the Foreign
Assistance Act.
Administration Position
State opposes any earmarks of funds, and is particularly concerned that Congress not
earmark funds beyond the current level of $1 million for non-major transit countries. It
is illoigical, at a time when INM is in a shortfall position for funds to conduct air
operations in major source countries, for Congress to mandate more money for the
less-important countries. State does not believe that a regional anti-narcotics
intelligence center is needed in the Caribbean and opposes this earmark. State has
consistently opposed IMET (International Military Education and Training) and MAP
earmarks. State does believe the drug bill should contain new authorities to purchase
firearms and ammunition for source country governments, e.g., Bolivia where UMOPAR forces
are simply outgunned. But, State is reluctant to have such provisions made from INM's
budget (the 150 function), and prefers that such provisions be made from MAP funds as may
become available.
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INM believes narcotics-related procurements should be treated in an expeditious fashion.
We support the Columbia exemption for MilGroups.
DOJ supports H.R. 4842 with modifications.
Status
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August 8, 1988
Lead Agency: DOS
Others: NSC
DRUGS AS A NATIONAL SECURITY OBJECTIVE
**************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
States that suppression of international narcotics trafficking is one of the most
important foreign policy objectives of the United States. (Sec. 241)
Bill: Byrd (S. Senate Dem.
Bill: Wright (H.R. 4841 House Dem.)
States that suppression of international narcotics trafficking is among most important
foreign policy objectives of the United States (Sec. 262).
Bill: Michel (H.R. 4842 House Rep.)
Encourages the President to "convene a meeting of the heads" of countries that either have
drug problems or contribute to the spread of illicit drugs.
Ellivates the suppression of international drug trafficking to the status of a major
national security objective of the U.S. and states that it is the most important objective
in the Western hemisphere. (Sec. 3041)
Bill:. Dole (S. Senate Rep.)
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White House Conference for a Drug Free America
International illicit-drug-related issues must be given a much higher priority in the
formulation of United States foreign policy.
National Drug Policy Board
Administration Position
The principal feature of this amendment is effectively in place, thanks to the President's
national security directive, and no further legislation is needed in this regard.
Decisions on summit meetings should be made at the White Hours.
Status
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August 8, 1988
Lead Agency: DOS
Others: DOJ, OMB
FOREIGN DRUG INTERDICTION AND ERADICATION
*****************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Establishes a "Special Operations Eradication Squadron" in state for deploanent in foreign
countries that request eradication assistance.
Establishes a-3-year grant program ($200 million per year), administered by AID/DEA, for
countries that meet verified eradication goals. (Sec. 211)
Bill:
Byrd (S.
Senate Dem.)
Bill:
Wright (H.R. 4841
House Dem.)
Earmarks $500,000 to finance testing of coca herbicides (Sec. 202) and $900,000 to procure
weapons to defend aircraft used in interdiction or eradication efforts (Sec. 203).
Bill: Michel (H.R. 4842 House Rep.)
Authorizes appropriations to be used for military education and training programs to
assist foreign countries with interdiction and eradication efforts. (Sec. 3051-3052)
Bill: Dole (S. Senate Rep.)
Provides for the procurement of weapons to defend aircraft involved in narcotics control
efforts. $1 million for FY 88 and FY 89 to arm, for defensive purposes, aircraft used in
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narcotics control eradication or interdiction efforts. The funds are to be used on
existing aircraft, and not to be used for the purchase of new aircraft. The Foreign
Affairs Committee of the House and the Foreign Relations Committee of the Senate shall be
notified at least fifteen days in advance of the use of these funds. (Sec. 6004)
White House Conference for a Drug Free America
United States drug eradication programs overseas must be refocused and strengthened.
The activities of United States law enforcement officials engaged in narcotics enforcement
overseas should be strengthened.
National Drug Policy Board
Expand economic development assistance by targeting funds to support cooperating drug
producing nations' efforts to stop the growth and production of illici# drug crops.
Increase the resources for eradication programs; provide additional aircraft, training and
research for new, safe methods to eradicate illicit drug crops.
Administration Position
State notes that there is absolutly no need (D'Amato) for a special operations eradication
squadron in INM: it already exists, thanks to PL 99-570. State strongly opposes this
bill's provisions relative to DEA involvement in certifying eradication and dispensing of
aid. There is no objection to the Wright provision regarding herbicides testing. State
opposes IMET (International Military and Education Training) earmarks (Michel). Funds are
needed (Dole) for defensive arming of aircraft, preferably not INM funds: but, from
whatever source, INM's regional airwing cannot be excluded from consideration, which Dole
now excludes.
Status
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August 8, 1988
Lead Agency: DOS
Others: DOJ, TR
EXTRADITION AND MUTUAL LEGAL ASSISTANCE TREATIES
************************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Requires State and Justice to develop a model extradition treaty with respect to
narcotics-related offenses. (Sec. 239)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. 4841 House Dem.)
States that a major producing or transit country cannot be determined fully cooperative
unless a bi- or multi-lateral narcotics agreement with the U.S. is in place (Sec. 245).
Emphasizes need for updated extradition and MLATS and model anti-drug laws (Sec. 305).
Reactivates certification process for bank financing for major producing and transiting
countries (Sec. 401).
Bill: Michel (H.R. 4842 House Rep.)
"Directs the Secretary of State to place greater emphasis on updating extradition
treaties, and on negotiating mutual assistance treaties, with major illicit drug producing
and major drug transit countries." (Sec. 3061)
Bill: Dole (S. Senate Rep.)
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White House Conference for a Drug Free America
Congress should review the legislation creating the narcotics certification process.
National Drug Policy Board.
Administration Position
State notes that those portions of these bills relating to these treaties are not needed.
State and Justice have active programs to negotiate and/or update existing MLATs and
extradition treaties, a program which takes into account our current priorities for source
and transit countries. U.S. negotiators do begin negotiations using internal USG models
developed by the departments, and no purpose is served by statutorily requiring
developement of more such models.
State negotiated the language in Wright concerning agreements reached under the Chiles
amendment (Sec. 245).
Status
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August 8, 1988
Lead Agency: DOS
Others: TR, DOD
EXPORT IMPORT BANK ASSISTANCE
******************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. 4841 House Dem.)
Waives prohibitions contained in the Arms Export Control Act and Export-Import Bank Act on
f inarfcing.
Bill: Michel (H.R. 4842 House Rep.)
Allows the Export Import bank to extend credit and guarantee loans for defense services or
articles, "if the President certifies to Congress that the country needs" this assistance
to combat illicit drug production or trafficking. (Sec. 3071)
Bill: Dole (S. Senate Rep.)
White. House Conference for a Drug Free America
National Drug Policy Board
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Administration Position
This may be an unresolved policy issue. State supported the House Foreign Affairs
Committee amendment (Wright), but has learned informally that EXIM Bank is not opposed to
this amendment. Columbia is the intended beneficiary.
Status
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Lead Agency: DOJ
Others: OMB
INTERPOL (INTERNATIONAL CRIME SYMPOSIUM)
***************************************
August 8, 1988
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Bill: Michel (H.R. 4842 House Rep.)
Authorizes the Attorney General to incur expenses, perform specific functions and to
accept gifts related to the hosting of Interpol. Requires the Attorney General to report
information to Congress on gifts received for this purpose. (Sec. 2089)
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
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Administration Position
DOJ supports section 2089.
Status
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August 8, 1988
Lead Agency: DOS
Others: TR, DOJ
INTERNATIONAL CURRENCY TRANSACTIONS
************************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Establishes an International agency to control information relating to international
currency transactions (Sec. 5502). Establishes record keeping requirements for
transactions of U.S. currency through foreign banks (Sec. 5503).
Bill: Wright (H.R. -- House Dem.)
Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
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Administration Position
DOJ opposes the Byrd provision.
Treasury notes that this attempt at unilateral extraterritorial application of currency
reporting would be unenforceable and counterproductive to international cooperation in
fighting drug trafficking.
Status
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August 8, 1988
Lead Agency: DOS
Others: OMB
REWARDS
Bill:. D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Authorizes $6 million for rewards for information relating to international terrorism
(Sec. 5105).
Bill: Wright (H.R. 4841 -- House Dem.)
Authorizes $5 million for rewards for information relating to international narcoterrorist
acts (Sec. 302).
Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
White House Conference for a Dru Free America
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National Drug Policy Board
Administration Position
DOJ notes that section 199 provides for rewards for recapture of escapes and absconders.
Should also permit rewards for escapees from civil commitment 28 U.S.C. 1826(c). This
includes "recalcitrant witnesses" who may be relevant to drug prosectutions.
Status
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August 8, 1988
Lead Agency: DOS
Others: DOJ, TR, DOT
CERTIFICATION/REALLOCATION OF AID
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Dem.)
Allows the President to reallocate any security assistance funds denied to a country to
another cooperative narcotics producing or transit country (Sec. 5106). Revises
certification process inclusions (Sec. 5201) and criteria (Sec. 5203). Includes
corruption by government officials in certification considerations (Sec. 5202). Requires
Customs, DEA, and Coast Guard to prepare separate sections with INCSR (Sec. 5303).
Clarifies reporting for terminated aid (Sec. 5304). Requires numerical expression of
production reduction targets (Sec. 5305). Requires preliminary notification to Congress
of countries which may be identified as major production or transit areas (Sec. 5307).
Bill: Wright (H.R. 4841 -- House Dem.)
Allows the President to reallocate security assistance funds denied to a country to
another cooperative narcotics producing or transit country (Sec. 206). Requires that
standards of drug production reduction must be expressed numerically (Sec. 241). Requires
that the INCSR include a section on aid denied (Sec. 242). Requires that the
certification process include law enforcement efforts to eliminate government corruption
(Sec. 243). Requires notification to Congress of countries likely to be designated major
transit points (Sec. 244). Changes reporting date for INCSR on corrupt foreign officials
(Sec. 249). Waives certain restrictions on U.S. assistance for. drug transit countries
which are responding exceptionally well to U.S. standards for eliminating illicit
production (Sec. 246). Clarifies existing provisions for terminating assistance (Sec.
247). Clarifies definition of U.S. assistance for use in the country certification
process (Sec. 248).
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Bill: Michel (H.R. 4842 -- House Rep.)
Bill: Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America-
National Drug Policy Board
Administration Position
DOJ notes this may-require further coodination..
Status
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August 8, 1988
Senate House White House Lead Dept;
Byrd . Dole DeConcini Wright Michel NDPB Conference Others Category
VII. FUNDING/ASSET FORFEITURE FUNDS -- OMB/TR/DOJ
Funding issues .....................
OMB;TR A
Customs & DOJ Forfeiture Funds..... X X X X X X OMB; DOJ, TR B
DOT
Annual Report on Drug Expenditures X X OMB C
Note: Blanks - no prow son X - provision
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August 8, 1988
Lead Agency: 'OMB
Others:
FUNDING ISSUES
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Expresses sense of the Congress that all programs and initiatives in the bill are
critical, and that the.President's FY 1989 Budget "does not provide sufficient funding to
launch a full scale assault on the drug abuse problem." Also provides that the terms of
the Bipartisan Budget Agreement should be amended, if necessary, to accommodate the level
of new budget authority contained in the bill. States that it is Congress'. "intent,"
among other things, that the President direct OMB to include "sufficient" funding in the
FY 1990 and FY 1991 budgets to "fully annualize" the entire cost of the programs and
initiatives contained in the bill. (Sec. 901).
Attempts to offset costs of enactment of the bill by generating additional collections
from IRS and BATF activities.
Establishes a de facto Chief Financial Officer for the Federal Government (a new
Undersecretary of the Treasury for Debt Collection and Credit Management), who would be
the principal advisor to the President on credit management and debt collection policy;
removes all authority of OMB in these areas; requires that the total amount of delinquent
debt owed the U.S. be reduced by the amount targeted for collection in the President's
1989 budget, plus $2 billion; and permits agencies to retain 15% of the amount by which
their debt collections exceed the targeted amounts.
Establishes the "Antidrug Abuse Trust Fund;" appropriates to the Fund amounts equivalent
to amounts received from collections resulting from enactment of title X of the bill that
are over and above assumptions contained in 1987 OBRA and the 1988 CR; and provides that
amounts in the Trust Fund shall be available to carry out the purposes of the bill, as
provided in appropriations Acts. (Sec. 1001-1006).
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Bill: Byrd (S. -- Senate Dem.)
Proposes to increase drug-related progams by roughly $3 billion per year.
Bill: Wright (H.R. -- House Dem.)
Bill: Michel (H.R. 4842 -- House Rep.)
Bill:
Dole (S. -- Senate Rep.)
Requires the Administration's budget submitted to the Congress include a summary of
Federal expenditures for drug enforcement, by agency, in each budget submission for the
immediately preceding and upcoming fiscal years. (Section 14001).
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
DOT does not oppose the submission of a separate drug budget but strongly urges full
funding of each agency's budget to ensure adequate funding for anti-drug initiatives.
OMB supports the funding levels provided in the 1989 President's Budget and opposes
additional funding that would violate the Bipartisan Budget Agreement without appropriate
offsets.
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Status
The Department of Transportation has frequently testified in support of full funding for
the Coast Guard.
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Lead Agency: OMB
Other: DOJ, TR, DOT
CUSTOMS AND JUSTICE FORFEITURE FUNDS
************************************
August 8, 1988
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Takes DOJ Assets and Customs Forfeiture Funds off-budget; exempts them from all budget
controls, including GRH; deletes existing requirement that expenditures from funds are
subject to limitations in appropriations Acts; requires surpluses in Justice fund to go to
prision construcion and/or support of prisioners in non-Federal institutions; and exempts
procurements of supplies and services under the Funds from the procurement laws.
(Sec. 102). Permits sharing of seized property with State and local law enforcement
agencies if agencies "cooperate" with Cutoms in joint law enforcement operations (compared
to "participated directly!" in current law); aloe permits sharing property with foreign
governments; permits retention of forfeited property for use by Customs.
Bill: Byrd (S. -- Senate Dem.)
Amends title 28 of United States Code to allow employment of outside contractors by
Department of Justice assets forfeiture fund, and establishes a Customs forfeiture fund in
the Treasury, to consist of proceeds of seizures by the Customs Service and the U.S. Coast
Guard (Sec. 2011-2021). Provisions regarding special and other forfeiture funds (Sec.
2031-2051), Controlled Substances Act is amended, affecting forfeiture (Sec. 2209).
Bill: Wright (H.R. ---House Dem.)
Customs
Provides the United States Coast Guard access-to the Customs. Forfeiture Fund. Permits
reimbursement from the Funds to private citizens for expenses incurred in assisting the
U.S. Coast Guard in investigations (H.R. 4658, Sec. 3).
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Justice
Repeals 1986 Drug Bill provisions which allows unobligated monies to carry over fiscal
years and reuires that excess funds be returned to the Treasury. Allows utilization of
the Justice fund for ADP expenditures if the majority of its use is related to
seizure/forfeiture. Establishes new provisions directing the Attorney General to assure
that State and local sharing is not done to circumvent State law prohibiting forfeiture or
limiting uses of forfeited property (H.R. 4916, Sec. 203-207).
Adds provisions which prohibits forfeiture of conveyances unless the owner or person in
charge appeared to have knowledge or consent of the possession of a controlled substance
(same provisions added to the Tariff Act of 1930 and the Act of August 9, 1939 for
conformity). (H.R. 4658, Sec. 7) If a vessel is eized absent this knowledge/consent, the
owner must be reimbursed for legal expense and lost income (H.R. 4658, Sec. 9). When a
decision is made the seize the conveyance based on the owner's knowledge/consent, the
person in charge of the conveyance must be provided with written notification. If the
owner requests 'a preliminary hearing, the Attorney General must request a magistrates
hearing within 72 hours. Within 90 days of the preliminary hearing, the Attorney General
must file a complaint for forfeiture or the court can return the property
(H.R. 4658,Sec. 8). (H.R. 4916, Sec. 209 includes similar provisions with conflicting
timeframes. This bill requires the AG to file with a magistrate wihin seven days and to
file the complaint of forefeiture within 30 days.) Revises the CSA for conformity with
the Chemical Diversion and Trafficking Act (H.R. 4916, Sec. 104 through 109).
Bill: Michel (H.R. 4842 -- House Rep.)
Includes provisions providing the Coast Guard with equal access and administrative
responsibilities with respect to the Customs Assets forfeiture fund.
Allows Coast Guard to reimburse private citizens for undercover operations.
Unlike Wright bill, contains no proportional distribution of expenses or proceeds.
Allows proceeds of the Fund to be used for payments to innocent owners of commercial
vessels seized for Controlled Substance Act violations.
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Bill: Dole (S. -- Senate Rep.)
Gives Congress greater control over Assets Forfeiture Fund through inceased reporting
requirements. (Section 7001).
Increases the amount of the rewards, and allows payment of rewards for information or
assistance leading to the seizure of illegal drugs, not to exceed the lesser of $150,000
or one-fourth the value for the durgs seized. (Section 7002).
White House Conference for a Drug Free America
The process for seizing, liquidating, and distributing the assets of illicit drug
offenders must be expedited.
National Drug Policy Board
Administration Position
Coast Guard's access to the Customs Forefeiture fund should not be resolved through
legislative procedures.
The Administration supports the Federal procurement laws provision (OFPP has no
objection), and increased use of Justice Asset Forefeiture Fund for ADP.
The Administration opposes provisions which would ban use of the Justice Asset Forefeiture
Funds for prision construction.
The Administration opposes the innocent owner provisions as written.
Treasury's position is as follows. Under present law, the Commissioner of customs has the
discretion to make such reimbursements. The Coast Guard has claimed that the management
of the Customs Forefeiture Fund with regard to Coast Guard seizures, has been:"less than
satisfactory". Until this time, the Coast Guard had not made Customs aware of any
problems with regard to receiving reimbursement. This problem can best be addressed
administratively, without resorting to legislation.
Coast Guard seizures constitute less than 1% of the total deposits into the Customs
Forefeiture Fund, therefore, to give them equal administration of the fund would be
inequitable.
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The proposed language would not only require reimbursement of Coast Guard seizure
expenses, but would also authorize expenditures out of the Customs Forefeiture Fund
by the Coast Guard for things of which the Coast Guard has no need. Section 203 of H.R.
4608 would allow the Coast Guard to make awards of compensation to informers, and to
reimburse private citizens who have cooperated in investigations and undercover law
enforcement operations which the Coast Guard is not authorized to conduct.
Thus, Treasury notes these provisions should not be supported. As part of the NDPB
process, Customs and Coast Guard are in the process of developing alternative language to
address the Coast Guard's concerns.
DOT supports the concept of appropriate access for the Coast Guard to the Customs
Forefeiture Fund, and has supported the provision of the Hutto Bill (H.R. 4658). DOT
supports the language recently jointly proposed by Coast Guard and Customs. DOT strongly
opposes provisions limiting the authority to seize conveyances, or impose procedural or
substantive changes to current law. DOT supports more expeditious processing of seizure
cases.
State notes that with reference to D'Amato and others, any sharing of.property with
foreign governments must be subject to a treaty or executive agreement, have the
concurrence of the Secretary of State, and be denied to any country which has been denied
certification under Sec. 481(h).
DOJ recommends adoption of the NDPB package of Asset Forefeiture provisions developed by
the Law Enforcement Coordinating Group working group (DOJ, DOT, and Treasury).
DOJ supports amendments to permit employment of outside contractors by Asset Forefeiture
fund and opposes restrictive "innocent owner" provisions which require impactical
preseizure procedures. DOJ supports codification of current "rapid release" procedures as
a substitute to Young-Studds-Hughes provisions.
Status
Coast Guard and Customs have developed alternative language and have provided it to,the
hill.
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August 8, 1988
Lead Agency: OMB
Others:
ANNUAL REPORT ON DRUG ENFORCEMENT EXPENDITURES
Bill: D'Amato/DeConcini (S. 2205 Senate Dean.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Requires the President to include in his budget a report on agency drug enforcement
expenditures for the preceding years and proposed spending for the budget year (H.R. 4658,
Sec. 10).
Bill: Michel (H.R. 4842 House Rep.)
As part of the Maritime Drug Law Enforcement Act of 1988, includes provisions that would
require the President to include in his budget a report on the total amount of spending by
each agency for drug enforcement, and would require Congressional Committees to report on
the same information. (Sec. 4042)
Bill: Dole (S. Senate Rep.)
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White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
Generally, we oppose on principle any provision that requires the President to submit
specific reports with his budget. As a practical matter, however, we could comply with
this section if we had to.
We now collect this information from the agencies but not until a couple of months after
the President submits his budget to Congress. It would be a burden on 0MB to collect and
review this data in time for publication of the budget.
Status
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