DRUG BILL ANALYSIS BOOK-- ADDENDUM #4 AND REQUEST FOR TALKING POINTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001500090006-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 55
• Document Creation Date: December 27, 2016
• Document Release Date: August 23, 2012
• Sequence Number: 6
• Publication Date: August 25, 1988
• Content Type: MEMO

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TO:
SUBJECT:
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
August 25, 1988
LEGISLATIVE REFERRAL MEMORANDUM
Department
Department
Department
Department
Department
Department
Department
Department
Department
Department of
Department of
Department of
National Drug
VA Fill
OCA 88-2852
of Justice
of Agriculture
of Education
of Labor
of Housing and Urban Development
of Commerce
of Transportation
of the Treasury
of State
Health & Human Services
Defense
the Interior
Policy Board
Central Intelligence Agency
Office of Personnel Management
Environmental Protection Agency
National Security Council
U.S. Postal Service
Veterans Administration
Drug Bill Analysis Book -- Addendum #4 and
Request for Talking Points
Last Friday, agency representatives attended a meeting at the
Justice Department to resolve the Administration's position on
specific provisions in the current drug bills as addressed in
Addendum #4 to the Drug Bill Analysis book. As a result of that
meeting, some of the previously unresolved issues were resolved.
The attached Addendum #4 reflects those decisions (see Attachment
A) .
We also discussed and resolved Administration positions on most
of the amendments to be offered to the House bill. One-pagers
reflecting those decisions are also attached (see Attachment B).
At a subsequent meeting on August 23rd, it was decided that
talking points should be prepared on each of the amendments to
the House bill to be distributed to Members of Congress.
The process for preparing these talking points is described
below.
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Required Action
o We have assigned lead agency responsibilities for each
of the House bill amendments. These are indicated in
the top left-hand corner of the one-pagers.
o The lead agencies will be responsible for preparing
talking points and submitting them to OMB by C.O.S.
Wednesday, August 31st. It is important to follow the
sample format provided in Attachment C; unless you do
so, the completion of the talking points will be delayed
needlessly. Completed formats should be delivered to
Greg Jones, New Executive Office Building, Room 7220.
o OMB will then distribute copies of the lead agency
talking points to all other interested agencies for
comment. Comments will be due back into OMB by C.O.B.
Thursday, September 1st.
o As soon as all the talking points are received, OMB will
circulate to all agencies involved a complete package of
all the talking points on Friday, September 2nd.
If you have questions about this exercise, please contact
either Frank Kalder (395-3914), Lana Hurdle (395-3451), or,
Greg Jones (395-3454).
Attachments
Assistant Dire tor for
Legislative Reference
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A
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Attachment C
**Sample**
House Drug Bill - Talking Points
Gekas Amendment: To provide for the death penalty for those
who commit murder in the course of a drug felony.
o This amendment provides for the death penalty for
drug related killings (the first bullet should
explain the amendment).
o The Administration supports this amendment consistent
with the President's criminal Justice Reform
proposals sent to Congress 10/16/87. (The second
bullet should state the Administration's position on
the amendment.)
o In order to attack the drug problem head on, we must
take the necessary steps to strengthen our law
enforcement efforts. (The remainder of the bullets
should be substantive in nature.)
o etc.
o etc.
o etc.
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Lead Agency: DOJ
Others:
Attachment B
August 22, 1988
Amendment to the House Bill
Change to the Presentation of Records to A Grand Jury
*****************************************************
Bill: House (H.R. 5210)
Amends the presentation of records to a grand jury requirement in the Right of Financial
Privacy Act to allow a description of records in place of the actual presentation of
records when actual presentation is impractical.
Sponsor: Wortley
Administration Position
The Administration supports this amendment. This position is supported by DOJ's
(Toensing) testimony by 6/8/88, before the House Banking Committee.
???
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Lead Agency: DOJ
Others: TR
Amendment to the House Bill
Transfer of Records by a Government Agency to the
Department of Justice for Crimminal Investigation
*************************************************
August 22, 1988
Bill: House (H.R. 5210)
Waives the "notice" requirement to the subject of an investigation, if his financial
records are transferred from one federal agency to the Attorney General.
Sponsor: Wortley
Administration Position
The Administration supports this amendment. This position is supported by DOJ's
(Toensing) testimony by 6/8/88, before the House Banking Committee.
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August 22, 1988
Lead Agency: HHS
Others:
Amendment to the House Bill
Study of Drug Treatment Programs
********************************
Bill: House (H.R. 5210)
Requires a study to provide comprehensive statistical data on the effects of drug
treatment programs including the number of individuals requesting treatment which was
denied because of insufficient capacity, and the number of individuals placed on waiting
lists.
Sponsor: Ackerman
Administration Position
The Administration has no objection to this amendment.
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Lead Agency: DCI, NSC
Others:
Amendment to the House Bill
Increased Use of Intelligence Capabilities
******************************************
August 22, 1988
Bill: House (H.R. 5210)
Sense of Congress that the intelligence community should be more actively involved in
combatting illicit international drug trafficking through the use of covert operations.
Sponsor: Broomfield
Administration Position
Unresolved.
(The Administration will oppose this amendment. NSC will draft position.)
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Lead Agency: DOJ
Others:
August 22, 1988
Amendment to the House Bill
Life Imprisonment Penalty for Drug Related Killings
*****************************************************
Bill: House (H.R. 5210)
?Provides for a mandatory sentence of life imprisonment for certain drug related killings.
Sponsor: Rangel
Administration Position
The Administration supports the death penalty and thus would prefer the Gekas amendment.
However, if efforts to include the death penalty provisions in the bill fail, the
Administration would likely support this amendement. This position is supported by the
President's Criminal Justice Reform proposals sent to Congress on 10/16/87.
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Lead Agency: DOJ
Others:
Amendment to the House Bill
Death Penalty For Drug Related Killings
***************************************
August 22, 1988
Bill: House (H.R. 5210)
Provides for the death penalty against those who commit murder in the course of a drug
felony.
Sponsor: Gekas
Administration Position
The Administration supports this amendment. This position is supported by the President's
Criminal Justice Reform proposals sent to Congress on 10/16/87.
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Lead Agency: DOJ
Others:
August 22, 1988
Amendment to the House Bill
Prohibition on Death Penalty for the Mentally Retarded
******************************************************
Bill: House (H.R. 5210)
Prohibits death penalty on a person who is mentally retarded.
Sponsor: Levin
Administration PoO.tion
The Administration opposes this amendment because case law already addresses the issue of
how to handle people who commit crimes but didn't know what they were doing.
Procedural Note: This amendment will presumably not be considered if the Gekas death
penalty amendment fails.
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Lead Agency: DOJ
Others:
Amendment to the House Bill
Restrictions on Use of the Death Penalty
****************************************
August 22, 1988
Bill: House (H.R. 5210)
One amendment consisting of the following:
1. Specifies additional mitigating factors the jury may consider in imposing the death
penalty.
2. Requires a study of the costs of imposing and carrying out federal death sentences.
3. Ensures that individuals sentenced to death are accorded full appeal and
post-conviction rights.
4. Clarifies that a judge or jury is never required to impose a sentence of death.
5. Provides that a juror's beliefs against capital punishment does not automatically
disqualify that person from serving on a jury.
6. Prohibits the execution of a person who is mentally incompetent.
Sponsor: Edwards (Amendment to be offered as on an bloc amendment if Gekas carries)
Administration Position
The Administration opposes these amendments as an unnecessary weakening of the death
penalty.
Procedural Note: The provisions will presumably not be offered if the Gekas death penalty
amendment fails.
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Lead Agency: DOJ
Others:
Amendment to the House Bill
Adequate Representation of Indigent Defendants
**********************************************
August 22, 1988
Bill: House (H.R. 5210)
To ensure adequate representation of indigent defendants charged with a crime which may be
punishable by death.
Sponsor: Conyers
Administration Position
The Administration opposes this amendment. Indigent defendants have access to court
appointed lawyers.
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Lead Agency: OMB
Others: DOJ, TR
August 22, 1988
Amendment to the House Bill
Access to Justice and Customs Asset
Forfeiture Funds by State and Local Governments
************************************************
Bill: House (H.R. 5210)
.Requires that not less than fifty percent of the funds shared with local law enforcement
agencies from the federal assets forfeiture funds shared with be used by State and local
governments for prison construction, expansion, maintenance and operation.
Sponsor: Ortiz
Administration Position
The Administration opposes. DOJ's current procedures for determining what share the
State's receive is equitable and provides needed flexibility to compensate for varying
circumstances. The purchases to which the States can apply their shate is established by
State law.
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Lead Agency: DOJ
Others: Hup, ED, HHS, VA, DOT
Amendments to the House Bill
Ineligibility for Federal Benefits
**********************************
Bill: House (H.R. 5210)
Amendments:
August 22, 1988
McCollum/Hughes -- User Accountability amendment denying Federal benefits to persons for
certain drug related convictions. Depending on conviction, period of ineligibility can be
up to 10 years. federal benefits are defined as grants, contracts, loans, liscrenses, or
public housing. Includes veterans benefits but only if the offense consists of the
distribution of a controlled substance (except those related to retirement, welfare,
health or disability). Does not include retirement, welfare, health, disability or other
similar benefits.
Rangel -- Same as above except also excludes social security, are veterans housing,
education or training benefits. Suspends ineligibility requirements during any period in
which an individual is participating in a drug treatment program or seeking admission to a
drug treatment program.
Sponsor: McCollum/Huges/Rangel
Administration Position
Unresolved.
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Lead Agency: DOJ
Others:
Amendment to the House Bill
Exclusionary Rule
*****************************
August 22, 1988
Bill: House (HR. 5210)
,Amends the exclusionary rule to allow for a good faith exception for law enforcement
officers.
Sponsor: Lungren
Administration Position
The Administration strongly supports this amendment. It was included in the President's
Criminal Justice reform proposals went to Congress on October 16, 1987.
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Lead Agency: HHS
Others: DOJ, OMB
August 22, 1988
Amendment to the House Bill
Deletes Provision for a National Training Center for
Prison Drug Rehabilition Program Personnel
*****************************************************
Bill: House (H.R. 5210)
Strikes section entitled "National Training Center for Prison Drug Rehabilitation Program
personnel." This provision would provide for a special training center for prisons
officials running drug rehabilitation programs.
Sponsor: Davis
Administration Position
The Administration supports the deletion of the National Training Center for Prison Drug
Rehabilitation Program Personnel since this provision is duplicative and contains
inappropriate organizational structures. This position is consistent with the
Administration's opposition to a similar provision establishing a National Training Center
for prison officials managing drug rehabilitation programs which was included in the
D'Amato/DeConicini bill.
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Lead Agency: DOJ
Others: TR
Amendment to the House Bill
Civil Penalties Assessed by the Attorney General
************************************************
August 22, 1988
Bill: House (H.R. 5210)
Permits the Attorney General to assess a civil penalty against any person possessing small
amounts of certain controlled substances. Provides for judicial review of the individual
in question.
Sponsor: Edwards,
Administration Position
The Administration supports this amendment as consistent with our zero tolerance policy.
(Treasury to confirm this position with Justice.)
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Lead Agency: DOJ
Others: HHS
August 22, 1988
Amendment to the House Bill
Drug Testing As A Mandatory Condition of Probation
**************************************************
Bill: House (H.R. 5210)
Requires drug testing as a mandatory condition of probation for individuals convicted of a
drug-related offense. This is a new provision added to a one year demonstration project
already in the bill.
Sponsor: Shaw/Diclguardi
Administration Position
The Administration supports this amendment.
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Lead Agency: DOJ August 22, 1988
Others: DOD, OMB, TR, DOT, DOS, NSC
Amendments to the House Bill
Drug Czar
******************************
Bill: House (H.R. 5210)
Amendments: Makes the Chairman of the National Drug Policy Board a mekber of the cabinet.
Oxley - Makes the Chairman of the National Drug Policy Board a member of the
cabinet.
Brooks - Establishes an Office of Drug Enforcement Coordination in the Executive
Office of the President to establish policies, objectives, and priorities
for Federal drug enforcement, to annually promulgate a stragtegy, to
coordinate and oversee performance of drug enforcement by Federal
Departments and agencies and to make recommendation to the President.
Terminates the National Drug Policy Board.
Hughes Same as Brooks amendment but also requires the Director to coordinate with
and assist State and local governments with regards to'drug related law
enforcement and to submit a report to Congress on drug enforcement
activities conducted in the preceding year. Includes provisions which
would allow for the annual review of budgets submitted to OMB for the
Federal Departments engaged in drug enforcement efforts.
Sponsor: Oxley/Brooks/Hughes
Administration Position
Unresolved.
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Lead Agency: OMB
Others: DOJ
Amendment to the House Bill
Authorization for U.S. Attorneys
********************************
August 22, 1988
Bill: Wright (H.R. 5210)
Authorizes to be appropriated $30 million for the offices of United States Attorneys.
This would support approximately 275 additional assistant U.S. Attorneys.
Sponsor: Davis
Administration Position
The Administration has taken no position yet regarding funding issues except that we
strongly support full funding of the President's Budget. (The House and Senate have cut
the President's request for U.S. Attorneys by $44M and $33M respectively.)
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Lead Agency: TR
Others: DOJ
Amendment to the House Bill
Purchase of Firearms By Felons
******************************
August 22, 1988
Bill: House (H.R. 5210)
,l. Directs the Attorney General to develop a system for the immediate and
identification of felons who attempt to purchase firearms available to
2. Provides for the mandatory revocation of probation for possession of
Sponsor: McCollum
Administration Position
No clear Administration position.
(Justice and Treasury are preparing a position.)
accurate
dealers.
a firearm.
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August 22, 1988
Lead Agency: TR
Others: DOJ
Amendment to the House Bill
Deletes Provision for A Waiting Period for Purchase of A Hand Gun
*****************************************************************
Bill: House (H.R. 5210)
Strikes the "Brady Amendment" section requiring a waiting period before purchase of a
handgun.
Sponsor: Volkmer
Administration Position
Unresolved.
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Lead Agency TR
Others: DOT, DOJ
Amendments to the House Bill
Innocent Owner Provisions
*****************************
August 22, 1988
Bill: House (H.R. 5210)
Amendments:
Shaw -- Provides for an expedited petition procedure involving the Attorney General
for certain seized conveyances for drug related offenses.
Studds -- Prohibits forefeiture of a vessel, vehicle, or aircraft for a drug related
offense committed without knowledge or consent of the owner.
Sponsor: Shaw/Studds
Administration Position
The Administration supports the Shaw amendment.
The Administration is vigorously opposed to the Studds amendment which would reduce the
impact of the Administration's zero tolerance policy. Secretaries Baker and Burnley each
sent letters during the past three weeks to the leadership of the House opposing such
provisions.
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Lead Agency: TR
Others: DOJ, OMB
Amendment to the House Bill
Money Laundering
*****************************
August 22, 1988
Bill: House (H.R. 5210)
Expands money laundering definition to include funds that have been represented directly
or indirectly as proceeds of unlawful activity and therefore, would be presumably subject
to the same restrictions applied to "ill-gotten gains."
Sponsor: Oxley
Administration Position
The Administration supports this amendment based on DOJ testimony of 6/8/88 before the
House Judiciary Committee.
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August 22, 1988
Lead Agency: DOJ
Others:
Amendment to the House Bill
Increased Penalities for Possession of Crack
********************************************
/ Bill: House (H.R. 5210)
Inceases penalties for specified crack possession offenses.
Sponsor: Shaw
..
Administration Position
The Administration supports this amendment. The Administration has no objections to a
similiar provision in the Michel bill but would offer technical corrections.
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Lead Agency: DOJ
Others: EPA
Amendment to the House Bill
Clandestine Drug Laboratories
*****************************
August 22, 1988
Bill: House (H.R. 5210)
Establishes a joint federal task force on clandestine drug laboratories.
Sponsor: Dornan
Administration Position
The Administration supports this amendment. The Administration supports a similar
provision in the Michel bill which also 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 language stating that the Drug
Enforcement Administration is not to be considered a generator of hazardous waste be
included.
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Lead Agency: OMB
Others: DOJ
Amendment to the House Bill
Voice Privacy Equipment
*****************************
August 22, 1988
Bill: House (H.R. 5210)
.Strikes section of bill providing $800,000 for voice privacy equipment from DEA funds.
Sponsor: Hughes
Administation Position
The Administration has taken no position yet regarding funding issues except that we
strongly support full funding of the President's Budget.
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Lead Agency: OMB
Others: DOJ
August 22, 1988
Amendment to the House Bill
Local Police Department Demonstration Grant Program
***************************************************
Bill: House (H.R. 5210)
Authorizes $11M for demonstration grant programs to provide funds for specified local
police departments and local governments in Dade County, Miami, and Miami Beach, Florida
for use in drug related law enforcement.
Sponsor: Pepper,
Administration Position
The Administration opposes the creation of this earmarked demonstration grant program.
The Administration has taken no position yet regarding funding issues except that we
strongly support the President's Budget. The President requested no funding for such a
demonstration program.
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Lead Agency: DOT
Others: TR, Commerce
Amendment to the House Bill
Vessel Identification System
*****************************
August 22, 1988
Bill: House (H.R. 5210)
Establishes a Federal vessel identification system to be paid for through user fees. Also
extensively revises existing laws relating to maritime commercial instruments and liens.
Sponsor: Davis
Administration Position
The Administration 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.
The Administration supports the concept of a mechanism to assist law enforcement officials
in readily ascertaining ownership information on vessels, but opposes the provision which
would create an incomplete and potentially inaccurate system.
The Administration has opposed the provisions revising maritime instruments and liens
which were previously introduced as a stand-alone bill (H.R. 3105). Both DOJ and DOT have
objected to H.R. 3105 in reports to Congress on technical and legal grounds.
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Lead Agency: DOT
Others: DOJ, OMB
Amendment to the House Bill
Drunk Driving Enforcement Programs
**********************************
August 22, 1988
Bill: House (H.R. 5210)
Establishes drunk driving enforcement programs which require states to adopt proscribed
measures to reduce drunk driving in order to be eligible for a two tier system of grants.
Authorizes appropriations of $25 million in FY 89 and $50 million in FY 90-91.
Sponsor: Johnson/Dorgan
Administration Position
The Administration opposes this amendment. This position is consistent with a DOT letter
of 7/13/88 on S. 2367, a similar bill.
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August 22, 1988
Lead Agency: DOT
Others: DOJ, OMB
Amendments to the House Bill
Suspension of Drivers' Licenses
********************************
Bill: House (H.R. 5210)
Amendments:
Anderson -- Authorizes $25M for 1989 and $50M for 1990 and 1991, for grants to
States which adopt and implement certain drug enforcement programs.
-.Receipt of grants are dependent on establishment of a program which
suspends drivers' liscenses for drug related offenses.
McCollum Requires the revocation or suspension of a person's drivers license when
convicted of a drug related offense. Withholds funds available to
States under Title VIII for noncompliance; 5 percent the first year and
10 percent the second year.
Sponsor: Anderson/McCollum
Administration Position
The Administration opposes the Anderson amendment which would create a new grant program.
The Administration opposes the McCollum amendment which provides for the witholding of
apportioned Federal highway funds on Federalism principles.
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August 22, 1988
Lead Agency: DOJ
Others:
Amendment to the House Bill
Distribution of Anabolic Steroids
*********************************
Bill: House (H.R. 5210)
Penalties for the illegal distribution of anabolic steriods.
Sponsor: Hughes
Administration Position
The Administration opposes this amendment.
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Lead Agency: HHS
Others:
Amendment to the House Bill
Certification of Laboratories
*****************************
August 22, 1988
Bill: House (H.R. 5210)
, Directs the Secretary of HHS to establish a procedure to be used to certify certain
clinical laboratories that analyze and determine the results of drug tests.
Sponsor: Bliley
Administration Position
The Administration opposes a requirement that private laboratories be certified by the
Federal Government. OIRA has indicated that a voluntary certification process is already
available in the private sector.
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Lead Agency: NSC
Others: DOS
Amendment to the House Bill
Disclosure of Illegal Foreign Drug Activities
*********************************************
August 22, 1988
Bill: House (H.R. 5210 -- House Dem.)
Requires any officer or employee in the executive branch to make disclosure of illegal
foreign drug activities through the head of their agency. This information must be made
available to the head of an appropriate Federal agency and upon request to Congress and
the Comptroller General. Permits nondisclosue under certain circumstances. The President
must be notified of any determination of nondisclosure and must notify Congress of this
determination.
Sponsor: Alexander
Administation Position
The Administration opposes this amendment as unnecessary. While the anti-drug effort
requires close cooperation among executive branch agencies, much of the information
pertaining to illegal foreign drug activities derives from sensitive intelligence sources
which must be safeguarded in the interests of national security. Procedures to ensure
interagency cooperation while protecting national security information already exist
within the executive branch. Similarly with regard to the legislative branch, procedures
which maintain security are already in place to provide Congress, through the intelligence
committees, with all the information necessary for law-making and oversight functions.
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August 22, 1988
DRUG BILL ANALYSIS SUMMARY
ADDENDUM #4
Attachment A
Please replace the following pages in your August 17, 1988 version of the Drug Book to
reflect decisions made at the August 19th meeting.
1. The Table of Contents
2. One-pagers on issues that have now been resolved:
-- U.S. Prisoners in Non-Federal Institutions
-- Expansion of Postal Service Authority
-- Prohibitions on the Use of Firearms
-- Customs and Justice Forfeiture Funds
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August 22, 1988
?
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DRUG BILL ANALYSIS SUMMARY
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others
Category
I. TREATMENT, EDUCATION & PREVENTION -- HHS
A. Treatment
Treatment Grants:
- Construction/Renovation
X
X
X
X
X
X
HHS; OMB
C
- Support Groups
X
X
X
X
X
HHS; OMB, DOJ
C
- High Risk Groups
X
X
X
X
X
HHS; OMB, DOJ
C
- Expectant Mothers
X
X
X
X
AG; HHS, OMB
C
- Penal System
X
X
X
HHS; DOJ, OMB
C
-Other
X
X
X
X
X
X
HHS; OMB
C
Evaluation of Treatment Programs
X
X
X
X
X
X
HHS
C
Reauthorizes/Amends ADAMHA Block Grant
X
X
HHS; OMB
C
Note: Blanks = no provision X = provision
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August 22, 1988
DRUG BILL ANALYSIS SUMMARY
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others
B. Education & Prevention
Drug-Free Workplace
? Drug-Testing - Criminal Justice System
Drug-Free Schools
Drug-Free Public Housing N
Demand-Side Intelligence Collection
Public Awareness Campaigns
Glamorization of Drugs by the Media
Native American Program
Withholding of Mass Transit Funds
Increased Research - Demand Side
Note: Blanks = no provision X = provision
X
X
X
X
Category
X X X X DOJ; HHS,OFPP, A
DOL,DOT,DOC
X X X X DOJ; HHS C
X X X X ED; OMB, HHS C
X X X X HUD; DOJ, OMB C
X X X HHS; ED, OMB C
DOJ
X HHS; DOJ C
X HHS C
X HHS; OMB C
DOT; DOJ C
X HHS; DOJ C
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August 22, 1988
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DRUG BILL ANALYSIS SUMMARY
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others
II. USER ACCOUNTABILITY HHS
Ineligibility for Federal Benefits X X
Income and Assets - Civil Penalties X
Suspension of Driver's Licenses X
Exclusion of Drug Abusers as Handicapped
Motor Vehicle Related Crimes X
Category
X X X DOJ; HUD, ED, A
HHS, VA, DOT
X DOJ
X X DOT; OMB, DOJ C
X DOL A
X DOT; DOJ
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August 22, 1988
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DRUG BILL ANALYSIS SUMMARY
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others
III. CRIMINAL PENALTIES/POST ARREST -- DOJ
U.S. Prisoners in Non-Federal Institutions X X
Death Penalty X
Exclusionary Rule/Habeas Corpus Reform X
Diversity of Citizenship
Pollution of Lands X X
Increased Penalties for Cocaine & Heroin X
Note: Blanks = no provision X = provision
X
Category
X DOJ; OMB A
X X X DOJ C
X X DOJ C
X DOJ C
X X DOJ; EPA, AG, C
INT
X X DOJ C
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August 22, 1988
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DRUG BILL ANALYSIS SUMMARY
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others
III. CRIMINAL PENALTIES/POST ARREST (Cont.)
Deportation of Aliens X X
Alternative Judicial System
Restrictions Relating to Common Carriers X X
Use of Juveniles in Drug Related Crime X X
Use of House Probation X
Life Sentences for Drug Dealers X
Drug Offenses Within Prisons X
User Fees for Prisoners X
Anti-Public Corruption X
Prohibition on the Use of Firearms X
Use of Firearms in Drug Crimes
Note: Blanks = no provision X = provision
X
X
Category
X X DOJ; DOS, TR C
X X DOJ, TR C
X X X DOT; DOJ, OFPP C
DOJ C
DOJ C
X DOJ C
DOJ C
DOJ; OMB C
X X DOJ C
X X TR; DOJ A
X TR; DOJ C
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August 22, 1988
DRUG BILL ANALYSIS SUMMARY
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others
.IV. ORGANIZATION -- TR
Reorganization:
- DOT/Treasury
- Coast Guard/Maritime Service
- DOJ/Ceeite Drug Division
Drug Czar/NDPB Changes
Note: Blanks = no provision X = provision
X
X
X
X
Category
DOT; TR, DOJ
DOT; DOC, DOJ C
DOJ, TR
X X X X X X DOJ; DOD, OMB A
TR, DOT, DOS, NSC
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August 22, 1988
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DRUG BILL ANALYSIS SUMMARY
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 Communications X X DOJ; DCI, C
TR
Money Laundering/Financial Privacy 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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August 22, 1988
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DRUG BILL ANALYSIS SUMMARY
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
B. Interdiction
Increased Use of DOD X X X DOD, TR, DOT, C
DOJ
Study of Flight Corridors X X DOT; TR C
Expansion of Coast Guard Authority X X X X DOT; TR, DOD C
Great Lakes Drug Interdiction X X DOT; TR, DOD, C
N DOS
Port of Entry/Cargo Inspection X X X TR; DOT C
Maritime Drug Smuggling Reform X X X DOT; TR, DOS C
Expansion of Customs Authority X X X X X TR; DOT, DOJ C
Treasury Enforcement X X TR; DOJ C
U.S. Vessel Identification X DOT; TR C
,Airline Anti-smuggling X TR; DOT C
Passport Restrictions X X X X DOS; DOJ, TR C
Innocent Owners Seizures X X TR; DOT, DOJ C
Air Smuggling X X X X DOT; TR C
Note: Blanks = no provision X = provision
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August 22, 1988
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DRUG BILL ANALYSIS SUMMARY
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others
C. State and Local Assistance
State and Local Narcotics Control Assist X
Domestic Eradication
Use of National Guard for Enforcement
X
D. Intelligence
State Narcotics Report X
Increased Intelligence Capabilities... X X
E. Other
Increased Research - Supply Side X X
Personnel Benefits X X
Codifying the U.S. Marshals X
Narcotics Trafficking on Tribal Lands
Transfer Aircraft to Indiana
X
X
X
Category
X X X DOJ; OMB C
X X DOJ; INT, AG C
X X X DOD; DOJ, OMB C
X
X
X
DOS; DOJ, TR
X DOJ; NSC, DCI C
X DOD; TR, DOS, C
DOJ,OMB
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OPM; DOJ, OMB C
DOJ
INT; OMB, DOJ C
TR
August 22, 1988
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DRUG BILL ANALYSIS SUMMARY
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
VI. INTERNATIONAL -- DOS
International Cooperation Efforts X
Limitation on Foreign Aid X
Use of International Strike Forces X
Transfer of Forfeited Property X
Ammunition, Training & Other Assistance X
Drugs as a National Security Objective
Foreign Interdiction ,& Eradication Efforts
Extradition and Mutal Leg. Assist. Treaties
Export - Import Bank Assistance
INTERPOL (International Crime Symposium)
International Currency Transaction
Reporting X
Certification/Reallocation of AID X
Note: Blanks = no provision X = provision
X
X
X X X X X DOS; DOJ, TR A
X X DOS; DOJ C
X X X X DOS; DOJ, DOD C
X X DOS; TR C
X X X DOS; DOJ C
X X X X DOS; NSC C
X X X X X DOS; DOJ, OMB C
X X X X DOS; DOJ, TR C
X X DOS; TR, DOD C
X DOJ; OMB C
TR; DOS, DOJ
X DOS; DOJ, TR,
DOT
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August 22, 1988
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DRUG BILL ANALYSIS SUMMARY
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others
VII. FUNDING/ASSET FORFEITURE FUNDS -- OMB/TR/DOJ
Funding Issues
Customs & DOJ Forfeiture Funds
Annual Report on Drug Expenditures
Note: Blanks = no provision X = provision
Category
X X X OMB;TR A
X X X X X X OMB; DOJ, TR C
DOT
X X OMB C
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Lead Agency: DOJ
Other: OMB
U.S. PRISONERS IN NON-FEDERAL INSTITUTIONS
******************************************
August 22, 1988
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 Generalin 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.
Administration has agreed that surpluses of up to $100 million may be used for Federal
construction and/or the Cooperative Agreement Program (CAP).
Status
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August 22, 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
The Administration supports the Michel bill provision. Relating to the expansion of
Postal Service Law enforcement authority.
The Postal Inspection Service and the Department of Justice have entered into an
agreement, similar to that developed between the Department of Justice and the Forest
Service, whereby the Attorney General would be authorized to delegate drug investigative
jurisdiction and administrative forfeiture authority to the Postal Inspection Service.
This compromise is fully agreeable both to the Department of Justice and the Postal
Inspection Service.
In investigating violations of the Controlled Substances Act by employees who use, or deal
in, drugs while on duty, Postal Inspectors often identify drug dealers who operate near
postal facilities and sell their wares to postal employees. While some courts have held
that the Postal Service has the authority to arrest such dealers, this authority should be
made clear and applicable throughout the nation, thereby avoiding possible issues of
improper arrest and individual liability of the arresting agent. The Postal Service and
the DOJ agree this can be accomplished by authorizing the Attorney General to allow the
Postal Service to act in such cases, thereby allowing the use of the particular expertise
of the Postal Inspection Serice in combatting postal-related drug trafficking.
With regards to the deposition of administrative forefeitive into the 'postal service fund,
the Administration supports this provision with modification. We recommend that all
proceeds from seizures be deposited into a Treasury special fund from which USPS would be
fully reimbursed for its expenses associated with the seized assets. Thus, any surplus
from the seizure would be identified and remain with the Treasury. This is especially
important because the USPS operating Fund finances all postal operations and may soon be
moved off-budget. Granting USPS carte blanche authority over surpluses from drug
forfeitures undermines the integrity of the forfeiture process and sets a bad precedent.
In addition to being subject to routine Federal oversight (e.g., budget, policy, and
apportionment control), other agencies with forfeiture authrity are required to separately
account for forfeiture surpluses -- which can only be used for specific law enforcement
activities. This position would make proceeds available for USPS drug-related activities
and all surpluses would revert to Treasury.
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Lead Agency: TR
Others: DOJ
PROHIBITIONS ON THE USE OF FIREARMS
***********************************
August 22, 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 firearm in an assault
on a Federal officer.
Administration Position
' Unresolved.
Status
Letters of suppoA 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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Lead Agency: OMB
Other: DOJ, TR, DOT
CUSTOMS AND JUSTICE FORFEITURE FUNDS
************************************
August 22, 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); abs 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 expenss 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 complaiq 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
The Administration opposes Section 203 of the Wright bill (H.R. 4916), eliminating the
"Chiles Amendment" which authorizes the use of carryover forfeiture funds for prison
construction. The Administration supports the capping of the carryover (which would be
applied to prisonconstruction) at $100 million annually, with excess funds beyond $100
million to be deposited in the Treasury. Likewise we propose that the authority to use
excess funds for prison construction be sunset in 1993 in order to permit a reassessment
Of this program.
Status
Coast Guard and Customs have developed alternative language and have provided it to the
hill.
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