DEVELOPING/COORDINATING ADMINISTRATIONS POSITION ON DRUG BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001500040001-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 228
• Document Creation Date: December 23, 2016
• Document Release Date: December 28, 2012
• Sequence Number: 1
• Publication Date: July 28, 1988
• Content Type: MEMO

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OCR ftt
July 28, 1988
MEMORANDUM FOR ASSISTANT SECRETARIES FOR LEGISLATION
NATIONAL DRUG POLICY BOARD MEMBERS
FROM: FRANK KEATING, IAN MACDONALD, CAROL CRAWFORD
NDPB BILL COORDINATORS
SUBJECT: Developing/Coordinating Administration's Position
on Drug Bill
The attached materials list, compare and summarize the major
provisions in each of the five major proposed omnibus drug bills
as well as the recommendations of the White House Conference for
a Drug Free America and the National Drug Policy Board. For each
issue or provision, a lead Department and list of other
interested Departments has been identified. These materials are
"working drafts." It is anticipated that additional issues and
provisions or changes may be added to this list as a result of
the ongoing Congressional drug bill development process. The
absence of an entry under a bill or-recommendation heading
indicates that no related provision was identified on a given
issue.
You have two tasks regarding each provision for which your
Department is a "lead" or "interested" agency. The first, is to
work with the other interested agencies to formulate a consensus
Administration position on each provision for which your
Department is listed'as "lead" or "interested." A brief
description of this consensus position should be sent via fax
machine to OMB (Attn.: James Murr, Assistant Director for
Legislative Reference, fax number: 395-3109). OMB will compile
.this position information in a book for the use of Administration
policy officials. ,
Second, you will be responsible for working with the Hill to
ensure that Administration concerns are understood and
accommodated wherever possible. The status of your efforts
should be added to the relevant two-pager and faxed to OMB. Alan
Kranowitz and John Tuck will provide overall coordination of the
legislative strategy.
You will note on the summary sheet the designations "A-B-C".
A ranking of "A" indicates the need for further guidance from the
principals in order to develop an Administration position
(example: drug czar). A "B" ranking indicates that the
Administration's position on the provision can be settled between
you and us (example: Forest Service authority to investigate
drug crimes). A "C" ranking indicates that an Administration
position already exists or can be developed at the staff level.
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You are free to make changes to the materials (e.g., the
generic descriptions of the provisions, the title that has been
assigned to each provision, or by adding yourself or other
Departments to the "interested agency" category) if you feel it
is appropriate. A copy of any such changes should be sent to OMB
via the procedure described above.
Your Department should have little difficulty arriving at a
consensus position on the "C" provisions. It may be more
difficult to reach consensus on the "A" and "B" provisions as
they are more controversial. If you are unable to develop a
consensus position, submit separate positions from every
Department that has a strong view,- identifying which view is held
by which Department. These position statements must be brief
(3-5 sentences) stating each Department's position and why it is
held. All such unresolved "A" and "B" provisions will be
addressed in an expedited policy context and your submission on
the two-pagers will serve as the basis for resolving the
Administration's position.
As action on the drug bills is occurring daily, your
Department should begin work on this project immediately. The
above requested responses should be sent to OMB no later than
c.o.b. August 2, 1988. Procedural questions should be addressed
to your normal OMB contact for budget matters.
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July 28, 1988
ADDENDUM # 1
Please replace the index sheets in your drug book dated July 25, 1988 with the attached
set dated July 28, 1988. Also make the appropriate changes to the two-pagers (i.e., lead
agency/other agency designations).'
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July 28, 1988
TABLE OF CONTENTS
SUBCOMMITTEE LEAD DEPARTMENT
I. TREATMENT, EDUCATION & PREVENTION
A. Treatment
B. Education & Prevention
II. USER ACCOUNTABILITY
III. CRIMINAL PENALTIES/POST ARREST
IV. ORGANIZATION
V. LAW ENFORCEMENT/INTERDICTION
A. Investigations
B. Interdiction
C. State & Local Assistance
D. Intelligence
E. Other
VII. FUNDING/ASSET FORFEITURE FUNDS
TR/DOT
OMB/TR/DOJ
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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:
Waiting Time Reduction .............
X
X
X
X
X
X
HHS; OMB
A
Support Groups .....................
X
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; HHS1 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
HHS
Reauthorizes/Amends ADAMHA Block Grant
x
X
HHS; OMB
A
Note: Blanks = no provision x = provision
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Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
B. Education & Prevention
Drug-Free workplace ................... X X X X
Drug-Testing - Criminal Justice System
X X X DOJ; HHS,OFPP,
DOL, DOT
X X X DOJ; HHS C
X X X ED; OMB, HHS A
X X X HUD; DOJ, OMB B
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 .....
HHS; OMB A
DOT; DOJ B
X HHS; DOJ B
X HHS; DOJ
X HHS
HHS; ED, OMB B
Increased Research - Demand Side...... X X
Note: Blanks = no provision x = provision
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II. USER ACCOUNTABILITY -- HHS
Ineligibility for Federal Benefits.....
Income and Assets - Civil Penalties....
Suspension of Driver's Licenses ........
Exclusion of Drug Abusers As Handicapped
Motor Vehicle Related Crimes ...........
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
X X X DOJ; HUD, ED, B
HHS, VA, DOT
DOJ
X X DOT; OMB, DOJ B
DOL
DOT; DOJ
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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 Ptisons and Prosecutors..... X X X X X DOJ; OMB A
Diversity of Citizenship ............... X DOJ C
Pollution of Lands ..................... X X X X DOJ; EPA, AG, C
INT
Note: Blanks = no provision X = provision
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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 DOJ C
Prohibition on the Use of Firearms... X X X X TR; DOJ C
Use of Firearms in Drug Crimes......., X TR; DOJ C
Note: Blanks = no provision X = provision
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Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
IV. ORGANIZATION -- TR
Reorganization:
- DOT/Treasury .............. X DOT; TR, DOJ C
- Coast Guard/Maritime service x X DOT; DOC, DOJ 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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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
Electronic Comm./Financial Privacy....
Money Laundfiring ...................... X X X X
Expansion of Forest Service Authority. X X
Expansion of Postal Service Authority
Improvements of Monetary Rewards .....
Task Force on Clandestine Drug Labs..
Expansion of FAA Authority ........... X
Expansion INS of Authority...........
Programs in Insular Areas ............
Note: Blanks = no provision X = provision
X X DOJ, TR C
X X DOJ; FCC, C
DCI, TR
TR; DOJ, POSTAL C
DOJ; AG C
DOJ; POSTAL, DOT C
X X DOJ; DOS, TR C
DOJ; EPA
DOT; DOJ, TR C
DOJ; DOS, TR C
DOJ; TR, INT, C
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B. Interdiction
Study of Flight Corridors .........
Expansion of Coast Guard Authority X
Great Lakes Drug Interdiction .....
Port of Entry/Cargo Inspection....
Maritime Drug Smuggling Reform....
Expansion of Customs Authority.... X
Treasury Enforcement ..............
U.S. Vessel Identification........
?Airline Anti-smuggling............
Passport Restrictions ............. X
U.S. Bahamas Drug Task Force...... X
Innocent Owners Seizures..........
Air Smuggling ..................... X
Note: Blanks = no provision X = prow sion
Senate House White House Lead Dept;
Dole DeConcini Wright Michel NDPB Conference Others Category
X
X X
X
X X DOD, TR,_ DOT, A
DOJ
DOT; TR
DOT; TR, DOD B
DOT; TR, DOD, C
DOT; TR, DOS C
TR; DOT, DOJ B
TR; DOJ
DOT; TR
TR; DOT
DOS; DOJ, TR B
DOS; DOJ, TR, A
DOT
TR; DOT, DOJ C
DOT; TR
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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 Intellignce capabilities... X X
E. Other
Increased Research - Supply Side..... X X
Codifying the U.S. Marshals.......... X
Narcotics Trafficking on Tribal Lands
Transfer Aircraft to Indiana .........
DOJ; INT, AG C
DOD; DOJ, OMB A
X DOD; TR, DOS, C
DOJ, OMB
DOJ
INT; OMB, DOJ C
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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
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 X X X
Extradition and Mutal Leg. Assist. Treaties X X
Export - Import Bank Assistance ......
INTERPOL (International Crime Symposium)
International Currency Transaction
Reporting ............................. X
Rewards ............................... X
Certification/Reallocation of AID..... X
TR; DOS, DOJ B
DOS; OMB B
DOS; DOJ, TR, B
DOS; DOJ
DOS; TR
DOS; DOJ
X DOS; NSC
X DOS; DOJ, OMB A
X DOS; DOJ, TR C
DOS; TR, DOD C
DOJ; OMB
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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 .................... X X X OMB;TR A
Customs & DOJ Forfeiture Funds..... X X X X X X OMB; DOJ, TR B
. I DOT
Annual Report on Drug Expenditures X X OMB C
Note: Blanks = no provision X = provision
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U O
TABLE OF CONTENTS
SUBCOMMITTEE
LEAD DEPARTMENT
I.
TREATMENT, EDUCATION & PREVENTION
HHS
II.
USER ACCOUNTABILITY
HHS
III.
CRIMINAL PENALTIES/POST ARREST
DOJ
IV.
ORGANIZATION
TR
V.
LAW ENFORCEMENT/INTERDICTION
TR/DOT
V.I.
INTERNATIONAL
DOS
VII.
FUNDING/ASSET FORFEITURE FUNDS
OMB/DOJ
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Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
TREATMENT, EDUCATION & PREVENTION -- HHS
Treatment
Treatment Grants:
- Waiting Time Reduction ............. X X X X
- Support Groups ..................... X X
- High Risk Groups ................... X
- Expectant Mothers .................. X
- Penal System ........................
- Other .............................. X X X X
Evaluation of Treatment Programs ....... X X
Reauthorizes/Amends ADAMHA Block Grant X
Note: Blanks = no provision X = provision
X X HHS; OMB A
X HHS; OMB, DOJ A
HHS; OMB, DOJ A
AG; HHS, OMB A
X HHS; DOJ, OMB A
X HHS; OMB A
HHS; OMB A
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Lead Agency: HHS
Others: OMB
TREATMENT GRANTS -- WAITING PERIOD REDUCTION
********************************************
July 25, 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)
Bill: 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
Status
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Lead Agency: HHS
Others: OMB, DOJ
TREATMENT GRANTS -- SUPPORT GROUPS
**********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
July 25, 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)
White House Conference for a Drug Free America
The establishment and support of parent groups should be a priority for all communities.
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0
National Drug Policy Board
Administration Position
Status
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Lead Agency: HHS
Others: OMB,DOJ
TREATMENT GRANTS -- HIGH RISK GROUPS
************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
July 25, 1988
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)
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)
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Bill: Dole (S. Senate Rep.)
Provides for the continuation of the Office of Substance Abuse Prevention with funding of
$4,5 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
Status
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c
Lead Agency: Agriculture
Others: HHS, OMB
TREATMENT GRANTS -- EXPECTANT MOTHERS
*************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
July 25, 1988
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 a Drug Free America
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National Drug Policy Board
Encourages treatment for pregnant women who use illegal drugs.
Administration Position
Status
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July 25, 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
Status
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July 25, 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)
White House Conference for a Drug Free America
State and local governments should ensure that funds are made available for all
court-ordered treatment.
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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
Status
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Lead Agency: HHS
Others:
EVALUATION OF FUNDED TREATMENT PROGRAMS
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
July 25, 1988
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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 O
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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.
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0 u
Administration Position
Status
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0 0
July 25, 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.)
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0 Li
Bill: Dole (S. ---Senate Rep.)
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 a Drug Free America
National Drug Policy Board
Administration Position
Status
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July 25, 1988
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
Education & Prevention
Drug-Free Workplace ................... X
Drug-Testing - Criminal Justice System _
Drug-Free schools ..................... X
X X X DOJ; HHS,OFPP, A
DOL
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 = provision
X X X ED; OMB, HHS A
HHS; OMB A
DOT; DOJ B
X HHS; DOJ B
X HHS
X HUD; DOJ, OMB B
HHS; ED, OMB B
X HHS; DOJ C
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0 ~l 0
Lead Agency: DOJ
Others: HHS, OFPP, DOL
DRUG FREE WORKPLACE
*******************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
July 25, 1988
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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C
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.
Administration Position
Status
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Lead Agency: DOJ
Others: HHS
DRUG TESTING -- CRIMINAL JUSTICE SYSTEM
***************************************
July 25, 1988
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
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)
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.
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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
Status
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0 U 0
Lead Agency: ED
Others: OMB, HHS
DRUG FREE SCHOOLS
*****************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
July 25, 1988
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
unemancipated minor is discovered; and b) separate offenders from drug-free students.
(Title I, Sec. 1005)
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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.
Colleges and universities must adopt firm, clear, and strongly enforced "no use" drug
policies encompassing all members of the college community.
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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
Status
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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
July 25, 1988
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.'49l6, 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)
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U 0
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 a controlled substance.
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
Status
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Lead Agency: HHS
Others: ED, OMB
DEMAND SIDE INTELLIGENCE
************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
July 25, 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
Status
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July 25, 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: Wright (H.R. -- House Dem.)
Bill: Michel (H.R. 4842 -- House Rep.)
Bill:
Dole (S. -- Senate 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
Status
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l
(71
July 25, 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
Status
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July 25, 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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 0
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0
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
Status
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July 25, 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 transit 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
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0
National Drug Policy Board
Administration Position
Status
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July 25, 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
Administration Position
Status
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II. USER ACCOUNTABILITY -- HHS
Ineligibility for Federal Benefits.....
Income and Assets - Civil Penalties....
Suspension of Driver's Licenses ........
Exclusion of Drug Abusers As Handicapped
Motor Vehicle Related Crimes ...........
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others
X X X X X DOJ; HUD, ED, B
HHS, VA, DOT
X X DOJ
X X X DOJ; OMB
X DOL
X X DOT; DOJ
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0
Lead Agency: DOJ
Others: HUD, ED, HHS, VA, DOT
INELIGIBILITY FOR FEDERAL BENEFITS
**********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
July 25, 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.)
Requres 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)
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)
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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
Status
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Lead Agency: DOJ
Others:
INCOME AND ASSETS -- CIVIL PENALTIES
************************************
July 25, 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 for a Drug Free America
National Drug Policy Board
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U
Administration Position
Status
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0 %
Lead Agency: DOJ
Others: OMB
SUSPENSION OF DRIVERS' LISCENSES
********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
July 25, 1988
0
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 Rep.)
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. House Conference for a Drug Free America
National Drug Policy Board
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t- 1)
Administration Position
Status
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Lead Agency: DOL
Others:
EXCLUSION OF DRUG ABUSERS AS "HANDICAPPED"
*****************************************
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.)
July 25, 1988
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
Administration Position
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t
Status
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~/1 0
July 25, 1988
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
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0 0
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.,
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
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 -- DOJ
U.S. Prisoners in Non-Federal Institutions X X X X
Death Penalty .......................... X X
Exclusionary Rule/Habeas Corpus Reform X X
Additional Prisons and Prosecutors..... X X X X
Diversity of Citizenship ............... X
Pollution of Lands ..................... X X X X
Increased Penalties for Cocaine & Heroin X X X
DOJ; OMB
X X DOJ
X DOJ
X DOJ; OMB
DOJ
DOJ; EPA
DOJ
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Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
CRIMINAL PENALTIES/POST ARREST (Cont.)
Deportation of Aliens .............. X X X X X DOJ; DOS C
Alternative Judicial System........ X X DOJ 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 DOJ C
Prohibition on the Use of Firearms... X X X X TR; DOJ C
Use of Firearms in Drug Crimes....... X TR; DOJ C
Note: Blanks = no provision x = provision
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( 1
July 25, 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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0 ()
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
Status
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0
Duly 25, 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
Fedreal and State governments should develop stronger penalties for persons trafficking or
distributing illegal drugs.
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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
Status
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~f 0
Lead Agency: DOJ
Others:
EXCLUSIONARY RULE/HABEAS CORPUS REFORM
**************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
July 25, 1988
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
Bill: Michel (H.R. 4842 House Rep.)
Prevents 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
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conformity with the Fourth Amendment. Extends this exception to warrantless searches.
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 Drug 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
Status
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0 0
Lead Agency: DOJ
Others: OMB
ADDITIONAL PRISONS AND PROSECUTORS
**********************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
July 25, 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
Status
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0
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.)
Bill: Michel (H.R. 4842 House Rep.)
July 25, 1988
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
Administration Position
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Status
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Lead Agency: DOJ
Others: EPA
POLLUTION OF LANDS
******************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
July 25, 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
violating the controlled substances laws, place a pollutant on U.S. lands. (Sec. 3351)
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C f:
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
Status
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0
July 25, 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.
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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. 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
Status
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July 25, 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.
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Bill: Wright (H.R. House Dem.
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.
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White House Conference for a Drug Free America
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
Status
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0
Lead Agency: DOJ
Others:
ALTERNATIVE JUDICIAL SYSTEM
***************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
Bill: Wright (H.R. House Dem.)
July 25, 1988
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
Administration Position
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Status U/ 0
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0
July 25, 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)
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".
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 0-
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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.
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.
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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
Status
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July 25, 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 for a_Drug Free America
National Drug Policy Board
Administration Position
Status
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t- 1)
July 25, 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
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1J
National Drug Policy Board
Administration Position
Status
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~f
July 25, 1988
Lead Agency:
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
Status
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July 25, 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
Status
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July 25, 1988
Lead Agency: DOJ
Others: OMB
USER FEES FOR 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.)
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
Status
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Lead Agency: DOJ
Others:
ANTI-PUBLIC CORRUPTION
**********************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.
July 25, 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 Rep.)
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
Status
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Lead Agency: TR
Others: DOJ
PROHIBITIONS ON THE USE OF FIREARMS
**********************************
July 25, 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.)
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)
Bill: Dole (S. Senate Rep.)
Increases current mandatory sentences for using firearms in the commission of a crime of
violence or drug crime.
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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
Status
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July 25, 1988
Lead Agency: TR
Other: DOJ
USE OF FIREARMS IN DRUG CRIMES
******************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- 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.)
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U
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
Status
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Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
ORGANIZATION -- TR
Reorganization:
- DOT/Treasury .............. X DOT; TR C
- Coast Guard/Maritime Service x x DOT; DOC C
- DOJ/Create Drug Division X DOJ C
Drug Czar/NDPB Changes....... X x x x X X DOJ; DOD, OMB A
TR, DOT, DOS, NSC
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July 25, 1988
Lead Agency: DOT
Others: TR
TREASURY/DOT 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. 503-504).
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
National Drug Policy Board
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(.
Administration Position
Status
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0
July 25, 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.
Preserves exsisting legal procedures and provides for orderly transition procedures.
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U 0
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
Status
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0
July 25, 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.)
Establishes 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.
Bill:
2111-2115)
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
Status
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0
July 25, 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 Enforcement; 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 of 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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U 0
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 National Drug Policy Board.
Transfers those responsibilities now assigned to the Board to the Director, specifying
that he carry them out after consultation with the Board.
Authorizes the Director to review and modify budgets of drug related 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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 n
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Adds the Director to the National Security Council.
Terminates the Director's office after six years 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 NDPB, as directed in Executive Order 12590.
Provide for the President to designate the Chariman of the cabinet level body to be
responsible for the development and implementation of the national drug policy and plan.
Administration Position
Status
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LAW ENFORCEMENT/INTERDICTION -- TR/DOT
Investigations
Chemical Diversion/Precursor Chemicals
Electronic Comm./Financial Privacy....
Money Laundering ......................
Expansion of Forest Service Authority.
Expansion of Postal Service Authority
Improvements of Monetary Rewards .....
Task Force on Clandestine Drug Labs..
Expansion of FAA Authority ...........
Expansion INS of Authority ...........
Programs in Insular Areas ............
Note: Blanks = no provision X = provision
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
X X X DOJ C
X X DOJ; FCC C
TR; DOJ, POSTAL C
X X DOJ; AG C
DOJ; POSTAL, DOT C
DOJ; DOS
X X DOJ; EPA C
DOT; DOJ, TR C
DOJ; DOS C
DOJ; TR, INT, C
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Lead Agency: DOJ
Others:
CHEMICAL DIVERSION/PRECURSOR CHEMICALS
**************************************
July 25, 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
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)
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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.
Administration Position
Status
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Lead Agency: DOJ
Others: FCC
ELECTRONIC COMMUNICATIONS/FINANCIAL PRIVACY
*******************************************
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.)
July 25, 1988
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
Status
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J
July 25, 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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f] 0
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. 2121 - 2122)
Bill: Dole (S. Senate Rep.)
Includes improvements and corrections to money laundering enforcement.
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
Status
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July 25, 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 NFS
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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~f
Service must coordinate with DEA and FBI. Alows 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
Status
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0
July 25, 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. 10.01).
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
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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
Status
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July 25, 1988
Lead Agency: DOJ
Others: DOS
IMPROVEMENTS OF MONETARY REWARDS
********************************
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
Status
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July 25, 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.)
0
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
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National Drug Policy Board
Administration Position
Status
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U 0
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.
Bill: Wright (H.R. House Dem.)
July 25, 1988
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
Status
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July 25, 1988
Lead Agency: DOJ
Others: DOS
EXPAND INS AUTHORITY
********************
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)
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Subject to the supervision of the Attorney General, provides general law enforcement
authority to immigration officers permitting them to enforce criminal violations of
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
Status
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July 25, 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 (H.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 fr American Samoa ($700,000), Guam ($500,000) Northern Mariana Islands
($125,000), Puer to 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 Drug Policy Board
Administration Position
Status
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Interdiction
Increased Use of DOD ..............
Study of Flight Corriders .........
Expansion of Coast Guard Authority
Great Lakes Drug Interdiction .....
Port of Entry/Cargo Inspection....
Maritime Drug Smuggling Reform....
DRUG BILL ANALYSIS SUMMARY
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
Expansion of Customs Authority.... X X X X
Treasury Enforcement .............. X X
U.S. Vessel Identification ........
Airline Anti-smuggling ............
Passport Restrictions ............. X X X
U.S. Bahamas Drug Task Force...... X
Innocent Owners Seizures..........
Air Smuggling ..................... X X
Note: Blanks = no provision x = provision
X X DOD, TR, DOT A
DOT; TR
DOT; TR, DOD B
DOT; TR, DOD, C
DOS
X X TR; DOT C
DOT; TR, DOS C
TR; DOT, DOJ B
TR; DOJ
DOT; TR
TR; DOT C
DOS; DOJ, TR B
DOS; DOJ, TR, A
DOT
TR; DOT, DOJ C
DOT; TR
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July 25, 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
Status
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July 25, 1988
Lead Agency: DOT
Other: TR
STUDY OF FLIGHT CORRIDORS
*************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
Bill: Byrd (S. Senate Dem.)
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.)
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White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
Status
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July 25, 1988,
Lead Agency: DOT
Others: TR, DOD
EXPANSION OF COAST GUARD AUTHORITY
**********************************
Bill: D'Amato DeConcini S. 2205 Senate Dem.
Bill: Byrd (S. Senate Dem.)
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
Status
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July 25, 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).
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C) a
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
Status
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July 25, 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
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National Drug Policy Board
Expand and focus research and development efforts on drug detection technology to identify
drugs in commercial cargo containers.
Administration Position
Status
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July 25, 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
Status
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July 25, 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.g., 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
Status
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J) 0
July 25, 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
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Status
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J
July 25, 1988
Lead Agency: DOT
Other: TR
U.S. VESSEL IDENTIFICATION
**************************
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.)
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
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k -1
National Drug Policy Board
Administration Position
Status
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J 0
July 25, 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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k _)
National Drug Policy Board
Administration Position
Status
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July 25, 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.
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 n
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~J 0
Requires the stamping of passports of drug convicted aliens at time of attempted entry
into the United States. (Sec. 8020)
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
Status
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0
July 25, 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
Administration Position
Status
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 c>
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July 25,1988
Lead Agency: TR
Other: DOT, DOJ
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.)
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INNOCENT OWNER SEIZURES
***********************
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J) U
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
Status
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July 25, 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 forfeiture0
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.
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Bill: Michel (H.R. 4842 -- House Rep.)
Contains provision prohibiting the reissuance of revoked airman certificates (Sec. 4071)
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
Status
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~! O
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
State and Local Assistance
State and Local Narcotics Control Assist x X X X X
Domestic Eradication ................
Use of National Guard for Enforcement
Intelligence
State Narcotics Report ............... X
Increased Intellignce Capabilities... X X
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 .........
OMB; DOJ
DOJ; INT, AG C
DOD; DOJ, OMB A
DOS; DOJ, TR C
X X DOJ; NSC C
X DOD; TR, DOS, C
DOJ, OMB
OPM; DOJ, OMB B
DOJ
TR C
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Lead Agency: OMB
Others: DOJ
STATE AND LOCAL NARCOTICS CONTROL ASSISTANCE
********************************************
July 25, 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).
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
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 C>
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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
Status
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July 25, 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 Rep.)
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
Status
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0
July 25, 1988
Lead Agency: DOD
Others: DOJ, OMB
USE OF NATIONAL GUARD FOR ENFORCEMENT
t************************************
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.)
Requires state govenors to use the National Guard to assist in drug law enforcement
efforts. (Examiner please check).
To use the National Guard to carry out the provisions in this act.
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.
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White House Conference for a Drug Free America
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
Status
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July 25, 1988
Lead Agency: DOS
Others: DOJ, TR
NARCOTICS REPORTS
*****************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Extends an existing requirement that States's annual narcotics control report 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.)
Bill:
Dole (S.
-- Senate Rep.)
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t 11
White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
Status
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U 0
July 25, 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
Status
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July 25, 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
Status
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Lead Agency: OPM
Others: DOJ, OMB
PERSONNEL BENEFITS
******************
July 25, 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).
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Bill: Wright (H.R. House Dem.)
Allows the AG to use DOJ appropriations to make payments for benefits and allowances for
employees serving overseas (H.R. 4841 Sec. 1101). Expresses concern that U.S. should
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 USC 3796(a). (Sec. 3704)
White House Conference for a Drug Free America
National. Drug Policy Board
Administration Position
Status
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July 25, 1988
Lead Agency: DOJ
Others:
CODIFYING THE U.S. MARSHAL SERVICE
**********************************
Bill: D'Amato1DeConcini (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.
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.
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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 ocnfidentiality 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
Status
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J 0
July 25, 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.
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
Status
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 0
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j
July 25, 1988
Lead Agency: TR
Others:
TRANSFER OF AIRCRAFT TO MARION COUNTY, IN
*****************************************
Bill: D'Amato/DeConcini (S. 2205 -- Senate Dem.)
Bill: Byrd (S. -- Senate Demme
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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(Li) 0
National Drug Policy Board
Administration Position
Status
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Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others Category
INTERNATIONAL -- DOS
International Cooperation Efforts.... X X X X
Limitation on Foreign Aid............ .X X X
Use of International Strike Forces... X X X
Transfer of Forfeited Property....... X
Ammunition, Training & Other Assistance X
Drugs as a National Security Objective
Foreign Interdiction & Eradication Efforts X X X
Extradition and Mutal Leg. Assist. Treaties
Export - Import Bank Assistance ......
INTERPOL (International Crime Symposium)
International Currency Transaction
Reporting ............................. X
Rewards ............................... X
Certification/Reallocation of AID..... X
Note: Blanks = no provision X = provision
X X X DOS; DOJ, TR B
DOS; TR
DOS; DOJ C
X DOS; DOJ, DOD B
DOS; OMB
DOS; DOJ B
X DOS; NSC B
X DOS; DOJ, OMB A
X DOS; DOJ, TR C
DOS; TR, DOD C
DOJ; OMB C
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July 25, 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
Status
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0
July 25, 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.)
Bill: Dole (S. -- Senate Rep.)
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White House Conference for a Drug Free America
National Drug Policy Board
Administration Position
Status
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July 25, 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
is to be developed by the National Drug Policy Board in consultation with the Attorney
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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
Status
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July 25, 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 transferred 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 governments 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
Status
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0
July 25, 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).
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 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. 207).
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
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).
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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
Status
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July 25, 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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0
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
Status
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July 25, 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 deployment 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)
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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
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 illicit 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
Status
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July 25, 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)
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0 ~ 1
Bill: Dole (S. Senate Rep.)
White House Conference for a Drug Free America
Congress should review the legislation creating the narcotics certification process.
National Drug Policy Board
Administration Position
Status
0
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KJ
July 25, 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
financing.
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
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National Drug Policy Board
Administration Position
Status
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Lead Agency: DOJ
Others: OMB
INTERPOL (INTERNATIONAL CRIME SYMPOSIUM)
***************************************
July 25, 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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r
Administration Position
Status
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July 25, 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:
Dole (S. -- Senate Rep.)
White House Conference for a Drug Free America
National Drug Policy Board
Bill: Wright (H.R. -- House Dem.)
Bill: Michel (H.R. 4842 -- House Rep.)
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Administration Position
Status
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July 25, 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 Drug Free America
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National Drug Policy Board
Administration Position
Status
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July 25, 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
Status
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k "I
O
Senate House White House Lead Dept;
Byrd Dole DeConcini Wright Michel NDPB Conference Others
FUNDING/ASSET FORFEITURE FUNDS -- OMB/DOJ
X X X OMB A
Funding Issues .....................
Customs & DOJ Forfeiture Funds..... X X X X X X OMB; DOJ, TR B
DOT
Annual Report on Drug Expenditures
Note: Blanks = no provision X = provision
X X OMB C
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July 25, 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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 0
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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
Status
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Lead Agency: OMB
Other: DOJ, TR, DOT
CUSTOMS AND JUSTICE FORFEITURE FUNDS
************************************
July 25, 1988
0
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); alos 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).
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
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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 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.
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).
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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
Status
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July 25, 1988
Lead Agency: OMB
Others:
ANNUAL REPORT ON DRUG ENFORCEMENT EXPENDITURES
**********************************************
Bill: D'Amato/DeConcini (S. 2205 Senate Dem.)
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
Status
0
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