THE REPUBLICAN LEADERSHIP TASK FORCE ON DRUGS
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP90M00005R000200070013-4
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
9
Document Creation Date:
December 27, 2016
Document Release Date:
August 21, 2012
Sequence Number:
13
Case Number:
Content Type:
OPEN SOURCE
File:
Attachment | Size |
---|---|
CIA-RDP90M00005R000200070013-4.pdf | 399.69 KB |
Body:
STAT
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
THE REPUBLICAN LEADERSHIP TASK FORCE ON DRUGS
SUMMARY OF
THE COMPREHENSIVE ANTI-DRUGS ACT OF 1988
TITLE I: DEMAND REDUCTION AND USER ACCOUNTABILITY
SUBTITLE A -- USER ACCOUNTABILITY ACT OF 1988
This subtitle renders any individual convicted of a drug
trafficking offense or convicted of two drug possession
offenses ineligible for any non-safety net federal grants,
contracts, loans, or licenses (excluding retirem-ent,
welfare, health, disability and certain veteran's benefits)
for a period of 5 years for misdemeanors and 10 years for a
felony. It also creates a civil fine of up to 25% of the
adjusted gross income and net assets of any person caught
possessing illegal substances
The subtitle requires the Attorney General to study the
feasibility of prosecuting drug cases in alternative or
supplemental judicial forums.
Finally, the subtitle requires, as a precondition to a state
receiving 10% of its federal highway funds, that state enact
laws suspending drivers' licenses upon the conviction of a
drug offense.
SUBTITLE B -- DRUG-FREE SCHOOLS AND BUSINESSES ACT OF 1988
This proposal requires, as a precondition to the receipt and
maintenance of any federal contract or assistance, that a
company maintain a drug-free workplace. A good faith effort
satisfies the requirement, and agencies are instructed
to issue regulations implementing this section.
SUBTITLE C -- DRUG TESTING IN THE FEDERAL CRIMINAL JUSTICE SYSTEM
T h i st l e s u b t i requires the Attorney General to test for
illicit drug use all federal arrestees of drug related
offenses. If an arrestee tests positive for drug use in a
subsequent retesting, the arrestee's bond would be revoked.
It also requires a clean drug test as a precondition to any
federal probation, and authorizes the AG to require random
testing of federal parolees.
SUBTITLE D -- INCREASED AND EXPANDED TREATMENT OF DRUG ABUSE
This subtitle increases drug abuse treatment services for
expectant mothers under alcohol and drug abuse and mental
health services block grants.
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
SUBTITLE B -- EXCLUSIONARY RULE REFORM
This subtitle permits the consideration in a criminal trial
of evidence which was seized by an authorized individual
acting in good faith. The individual acted in good faith
if he had an objective, reasonable, and good faith belief
that he was performing his duties in a manner consistent
with the forth amendment to the U.S. Constitution.
SUBTITLE C -- AUTHORIZATION OF APPROPRIATIONS FOR PRISONS AND
PROSECUTORS
This subtitle proposes an appropriation of $1,380,084,000
for the Federal Prison System and $424,418,000 for. the
United States Attorneys for FY 1989. These are the same
levels that the President requested in his FY 1989 budget.
Authorization is also provided for the President's FY 1990
requests in these two areas and for leases of private
prison facilities as an alternative to prison construction.
SUBTITLE D -- ELIMINATION OF DIVERSITY JURISDICTION
This provision eliminates the practice of filing law suits
between parties of two different states in the Federal
court system. It is estimated that 25% of all cases in
Federal courts are so filed because of diversity juris-
diction.
This subtitle authorizes grants for states which establish
innovative user accountability statutes, develop alternative
or supplemental judicial systems for drug related -offenses,
and participate in multi-jurisdictional task forces. This
subtitle also increases the requirement of states to match
Federal grants, and it authorizes an FY 1989 appropriation
of $250,000,000.
SUBTITLE F -- DRUG ENFORCEMENT AGENCY PERSONNEL SUPPORT ACT
OF 1988
This provision authorizes the Attorney General to provide
personnel in the Department of Justice who serve overseas
with the same benefits as overseas personnel in the Depart-
ment of State.
SUBTITLE G -- THE ANTI-DRUG MANUFACTURING ACT OF 1988
This subtitle includes criminal penalties for persons who
pollute U.S. lands while manufacturing, distributing,
or dispensing a controlled substance, and who endanger
human life while possessing or manufacturing a controlled
substance.
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
SUBTITLE 0 -- UNITED STATES MARSHALS SERVICES ACT OF 1988
This subtitle re - authorizes t he Marshals Service and
includes many -basic authorities vital to the safe operation
of the criminal justice system and the efficient admini-
stration of the asset forfeiture program.
SUBTITLE P -- ASSIMILATIVE CRIMES ACT AMENDMENTS OF 1988
This subtitle provides that the penalties established by
a state law for drunk or drug driving are applicable to
persons convicted for such driving on federal property
located within that state. An implied consent provision for
a blood, breath, or urine test upon arrest for drunk or drug
driving is also included.
SUBTITLE Q -- NATIONAL GUARD DRUG LAW ENFORCEMENT ASSISTANCE
ACT OF 1988
This provision requires the state governors to utilize the
National Guard for assisting drug law enforcement efforts.
SUBTITLE R -- DRUG LAW ENFORCEMENT IN PUBLIC HOUSING PROJECTS
This subtitle authorizes the Secretary of HUD to establish
a demonstration project for improving security at public
housing. This is to be done by providing grants for a
public housing security force or the reimbursement of local
law enforcement agencies for their assistance in public
housing law enforcement.
SUBTITLE S -- STUDY OF IMPROVEMENTS TO MONETARY REWARDS
This subtitle authorizes the Attorney General to study ways
to increase assistance in drug law enforcement through the
paying of rewards and the utilization of a "bounty" method.
SUBTITLE T -- DEPORTATION OF ALIENS AMENDMENT
This provision permits the Attorney General to petition the
court to not deport an alien convicted of a drug offense if
the alien has provided substantial assistance in a drug
investigation or prosecution. If the Attorney General is
successful, the alien would serve his prison sentence in the
U.S..
SUBTITLE U -- THE STEROID CONTROL ACT
This provision adds steroids (Methandrosterolone) to
Schedule I of the Controlled Substance Act.
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
With respect to programs under the Public Health Service
Act, authorizes $100 million for grants to reduce delays in
the availability of treatment programs. These grants
are targeted at treatment programs with long waiting
lines.
It also calls for a study of existing programs to highlight
treatments that work and facilitate their use as the
state of the art;'and
Finally, it authorizes drug rehabilitation programs at the
following levels (Same as President's budget request):
Office of Substance Abuse Prevention, $18 million
for FY 89, such sums for fy 90 and 91;
Prevention, Treatment, and Rehabilitation Model
Projects for High Risk Groups, $16.5 million for
FY 89, such sums for FY 90 and 91;
Preventive Health Services Block Grant, $509
million for FY 89, such sums for FY 90 and 91;
Emergency Substance Abuse Treatment and Preventive
Rehabilitation: $165 million for FY 89 and such
sums for FY 90 and 91.
SUBTITLE E -- DRUG EDUCATION AMENDMENTS
This subtitle reauthorizes the Department of Education's
drug education grant program at $250 million for each of FYs
89, 90, 91 (Same as President's request).
It also improves the quality of the grant program by
increasing accountability for the programs.
SUBTITLE F -- DRUG-FREE PUBLIC HOUSING ACT OF 1988
This proposal authorizes the Department of Housing and Urban
Development to establish training and a clearing house of
drug abuse and treatment information for housing officials.
TITLE II: DRUG LAW ENFORCEMENT
SUBTITLE A -- DEATH PENALTY FOR DRUG KINGPINS
This subtitle establishes the death penalty for two dif-
ferent types of conduct. The first involves the intentional
killing of a person in the course of a continuing criminal
enterprise. The second type of conduct involves a person
who is convicted of distributing twice the amount of a
controlled substance speci fied in the federal criminal
1 aw for a mandatory sentence of l i fe i n pri son, and who is
closely connected with a terrorist organization.
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
SUBTITLE H -- CHEMICAL DIVERSION AND TRAFFICKING ACT OF 1988
This subtitle establishes a complex scheme of record keeping
for and reporting of certain transactions involving chem-
icals used to.manufacture illicit drugs. DEA was instructed
to prepare a proposal for this legislation in the Anti-Drug
Abuse Act of 1986.
SUBTITLE I -- LAW ENFORCEMENT OFFICER PROTECTION ACT OF 1988
This proposal includes several amendments
to
Federal
offenses involving firearms and explosives.
For
example,
this subtitle mandates a 10 year pri son term
for
using a
firearm in an assault on a Federal officer, and
it
prohibits
the possession of a firearm in a Federal courthouse.
SUBTITLE J -- ANTI-PUBLIC CORRUPTION ACT OF 1988
This subtitle proposes the creation of a new criminal
offense punishable by up to 10 years in prison (20 years
for a drug related offense) for schemes intended to deprive
or defraud citizens of the Federal, state or local govern-
ments of the honest services of a public official. The
prohibited scheme must involve the mails, wire, radio,
television, or interstate transportation.
SUBTITLE K -- INCREASED PENALTIES
This subtitle establishes increased penalties for second and
third offenses of the current prohibition against possession
of cocaine base. This subtitle also includes additional
civil penalties for violations of the Controlled Substances
Act in the amounts of $100,000 for the first violation and
$500,000 for subsequent-violations.
SUBTITLE L -- AMENDMENTS TO THE MONEY LAUNDERING CONTROL ACT
This subtitle involves two changes to the money laundering
statutes: 1) it requires reporting of certain electronic
fund transfers; an'd, 2) it provides for the successful
conduct of "sting" operations.
SUBTITLE M -- NATIONAL FOREST SYSTEM DRUG CONTROL
This provision 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.
SUBTITLE N -- UNITED STATES POSTAL SERVICE AUTHORITY EXPANSION
This subtitle authorizes Postal Service Inspectors to
enforce Controlled Substances Act prohibitions involving the
mail.
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21: CIA-RDP90M00005R000200070013-4
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
6
SUBTITLE V -- TASK FORCE ON CLANDESTINE DRUG LABORATORIES
This subtitle establishes a joint DEA and EPA task force to
develop and implement a program for. the clean up and
disposal of hazardous waste produced by clandestine drug
laboratories.'
SUBTITLE W -- ADDITIONAL PENALTIES FOR OPERATING A LOCOMOTIVE
OR COMMON CARRIER WHILE UNDER THE INFLUENCE OF
ALCOHOL 'OR DRUGS
This subtitle increases the penalties applicable to an
operator of a locomotive or common carrier who is convicted
of operating such vehicles white under the influence of
alcohol or drugs.
SUBTITLE X -- TECHNICAL CORRECTIONS
TITLE III: INTERNATIONAL DRUG CONTROL
SUBTITLE A -- MULTINATIONAL ANTI-DRUG STRIKE FORCES
This subtitle directs the President to develop and implement
a multinational strike force for the Americas and a similar
force for Asia to combat illicit drug manufacturing and
production. The President shall undertake this effort
through the National Drug Policy Board working in cooper-
ation with the affected departments.
SUBTITLE B -- AMENDMENTS TO THE FOREIGN ASSISTANCE ACT
This subtitle expands the authority of the Secretary of
State to provide assistance in the form of weapons, ammu-
nition, and training of police officers to nations which
the President determines to be in need of such assistance
in order to fight drug trafficking organizations.
SUBTITLE C -- SENSE OF CONGRESS ON THE CONVENING OF A SUMMIT OF
WESTERN HEMISPHERE NATIONS CONCERNING DRUG ABUSE
This proposal urges the President to convene a meeting of
the heads of government of those countries in the Western
Hemisphere directly affected by drug trafficking.
SUBTITLE D -- SENSE OF CONGRESS ON SUPPRESSION OF INTERNATIONAL
NARCOTICS TRAFFICKING
This subtitle expresses the sense of Congress that the
suppression of international narcotics trafficking is a
major national security objective of the U.S. and the most
important national security objective within the Western
Hemisphere.
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
SUBTITLE E -- AUTHORIZATION OF APPROPRIATIONS FOR ASSISTING LAW
ENFORCEMENT AUTHORITIES IN CERTAIN FOREIGN
COUNTRIES _
This s u b t i t le authorizes additional appropriations to
enhance foreign assistance relating to international
military education, training and assistance.
SUBTITLE F -- EXTRADITION AND MUTUAL LEGAL ASSISTANCE TREATIES
This proposal directs the Secretary of State to place
greater emphasis on updating extradition treaties and
negotiating mutual legal assistance treaties with major
illicit drug producing and transshipment countries.
SUBTITLE G -- EXPORT-IMPORT BANK FINANCING FOR DEFENSE AGAINST
NARCO-TERRORISTS
This subtitle exempts countries severely threatened by drug
traffickers from restrictions on the extension of credit by
the U.S. Export-Import Bank for the purchase of military
defense articles.
SUBTITLE H -- INCREASED INTELLIGENCE CAPABILITIES
This subtitle 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.
SUBTITLE I -- MEXICO-U.S. INTERGOVERNMENTAL COMMISSION
This subtitle establishes a joint Mexico-U.S. anti-drug
commission.
TITLE IV -- INTERDICTION IMPROVEMENT
SUBTITLE A -- INTERDICTION IMPROVEMENT
This subtitle mandates the use of armed forces for inter-
diction of narcotics at the United States borders. This
subtitle is identical to language adopted by the House
during its consideration of the DoD authorization bill. It
calls for a greater role of the military in the interdiction
effort and adds interdiction to the commitment of the
National Guard.
SUBTITLE B -- DEPARTMENT OF TRANSPORTATION STUDY OF ESTABLISHING
FLIGHT CORRIDORS
Requires the Dept. of Transportation, in consultation with
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4
the AG and the Sec. of the Treasury to study the feasibility
of establishing flight corridors across' U.S. borders and
interdicting aircraft that deviate from such corridors
SUBTITLE C -- MARITIME DRUG LAW ENFORCEMENT AND ENHANCEMENT ACT
Requires the President to provide with his budget request,
a detailed budget report agency spending on drug law
enforcement for the previous year, and a drug enforcement
break down of the budget request. Each Committee must also
estimate its drug enforcement budget authority request.
It also requires a Dept. of Transportation study or the
feasibility of mandating that all vessels from drug pro-
ducing countries dock at certain ports and be targeted for
effective inspection.
The Coast Guard provisions:
Sets forth CG duties and procedures for interdiction;
Authorizes $155 million for acquisition and
construction of equipment, $17 million to maintain
this equipment, and the necessary personnel to operate
and maintain the equipment, provided additional
appropriations are provided;
Creates an "innocent vessel owner" exception from
drug seizure laws;
Improve maritime interdiction on the Great Lakes;
in the Great Lakes;
Improve vessel identification;
Makes technical and conforming changes
SUBTITLE D -- PROHIBITION ON REISSUANCE OF AIRMAN CERTIFICATES
Permanently revokes an airman's flight certificate following
a conviction for drug trafficking
Declassified in Part - Sanitized Copy Approved for Release 2012/08/21 : CIA-RDP90M00005R000200070013-4