\/C_ iq. ii?/32 Y/ R ?+.#' %’<2r‘ /1 G ‘*"’ Report No. 86-12 GOV GOVe”"ne?Ef?””ba“0”5 AUG 0 4 1994 N€i%®NGER. A . ._ Washington University Libraries A 3‘ LOWS» M0 53130 $7 ‘.7 7*: ix‘ 3 J3 ‘ Ex 7 r- n E‘ 1 5‘ -., ..." . . '. " ii != '._‘- _e,V-.-V, _.i 1.. p. v*«._ ,-1. MV5‘;?:sT=ri.h«'€*i"iAi‘?:4_?,ifT>;’i“'~ FEDERAL LAWS RELATING TO THE CONTROL OF NARCOTICS AND OTHER DANGEROUS DRUGS, ENACTED 1961-1985: BRIEF SUMMARIES BY Harry L. Hogan Specialist in American National Government Government Division Revised January 15, 1986 CONGRESSIONAL I HV 5301 A RESEARCH SERVICE N THE LIBRARY souri Co m a Universit of OF CONGRESS ' ii iii ii iiiiiii; i ii ‘ii iii 941068 llli O10- The Congressional Research Service works exclusively for the Congress, conducting research, analyzing legislation, and providing information at the request of committees, Mem- bers, and their staffs. The Service makes such research available, without parti- san bias, in many forms including studies, reports, compila- tions, digests, and background briefings. Upon request, CRS assists committees in analyzing legislative proposals and issues, and in assessing the possible effects of these proposals and their alternatives. The Service’s senior specialists and subject analysts are also available for personal consultations in their respective fields of expertise. I ABSTRACT This report contains summaries of enactments, treaties, and reorganization plans, passed from 1961 through 1985, that have some clearly indicated relationship-— either by specific reference or by virtue of legislative history--to the Federal effort to prevent drug misuse through control of the supply of narcotics and other idangerous drugs. CRS-v CONTENTS QSTRACTOOOOOOOOOOOO00000000000000OOOOOOOOOCOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO INTRODUCTIONCOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOCCOOOO00000000000000000000000 1. BRIEF SUMMARIES OF PUBLIC LAWS 87th Congress P.L. 87-228: Use of Interstate or Foreign Commerce for Racketeering Crimeooooooooooo0oooooooooooooooooooooooooooooooooooooooo P.L. 87-274: Juvenile Delinquency and Youth Offenses Control Act............ l\Jl\3 88th Congress POLO 88‘368: Juvenile Delinquency Act Extension»...ooo-coo--ooooooo--o-ofioor 2 89th Congress POLO 89‘74: Drug Abuse COntrOl AmendmentS Of 1965OOOOOOOOOOOOOOOOOOOOOOOOOO '3 P.L. 89-793: Narcotic Addict Rehabiliation Act of 1966 (NARA)............... 3 Reorganization Plan N00 1, effective April 8, 1968OOOOOOOOOOOOOOOOOOOOOOOOOOO 3 90th Congress P.L. 90-351: (Title I) Omnibus Crime Control and Safe Streets Act of 1968: Title I, Law Enforcement Assistance........................................ 3 P.L. 90-639: Increased Penalties for Dangerous Drug 0ffenses................ 4 91st Congress POLO 91‘296= Marihuana and Health Reporting ACtOOOOOOOOOOOOOOOOOOOOOOOOOOOOO 4 POLO 91‘452: Organized Crime COntrO1 ACt Of 197Ooooooo....ooooOOOOOOOOOOOOOO 4 P.L. 91-508: Financial Recordkeeping and Reporting of Currency Transactions............................................................... 6 P.L. 91-513: Comprehensive Drug Abuse Prevention and Control Act of 1970 (Controlled Substances Act; Controlled Substances Import and Export Act)... 7 92nd Congress POLO 92-13: CRS-vi Increasing Appropriation Authorizations for the Commission on AbuSeOOOOOOOOOOOOOIOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO P.L. 92-31: Authorizing Certain Activities for Prevention and Control of DelinquencyOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO P.L. 92-73: Department of Agriculture--Environmental and Consumer 1972000OOOOIOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO PAL. P.L. P.L. 92-245, 92-246, 92-247: 92-129: 92-226: Selective Service Act Amendmentsooooooooooooooooooooooooooooooo Foreign Assistance Act Of 1971................................. Authorizing U.S. Contributions to the Asian Development Bank, the Inter-American Development Bank, and the International Development Associationoooooooooooooooooooooooooooooooooooooo P.L. P.L. or P.L. P.L. 93rd 92-255: 92-293: Drug Abuse Office and Treatment Act of 1972oooooooooooooooooooo Relating to Care for Narcotic Addicts on Probation, Parole ReleaseOOOOOOOOOO0OOOO0OOOOOOOIOOOOO'OOOOOOOOOOOOOOOQOOOOOOOOOI 92-381: 92-420: Congress P.L. P.L. PoLo P.L. P.L. P.L. P.L. FY P.L. 93-83: 93-87: 93-189: 93-218: 93-281: 93-415: 93-481: Juvenile Delinquency Prevention and Control Act, Extension..... Increased Treatment 0ptiOnS under NARAoooecoooooooooooooooooo00 Crime Control Act of 1973...................................... Federal-Aid Highways Act of 1973............................... Foreign Assistance Act of 1973...............;.......;......... Disposal of Opium, National Stockpile.......................... Narcotic Addict Treatment Act of 1974.......................... Juvenile Justice and Delinquency Prevention Act of 1974........ Controlled Substances Act Appropriation Authorization, 75177000000OOOOOOOOOOOOOOOOOOOOOOOOOOOOOQOOOOOOOOOOOOOOOOOOOO,OOOOOOOOIOO 93-618: 1-974000OO0000OOOOGOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO l,973000O00000OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO 94th Congress P.L. P.L. 94-237: 94-329: Drug Abuse Office and Treatment Act of 1972, Amendments........ International Security Assistance and Arms Export Control 1976000OOOOOOOOOOOOOOOOOOOOOOOOOOOOIOOOOOOOOOOOOOOOOOIOOOOOOOOOOOOOO POLO P.L. POLO 8. Res. R330 H. 94-419: 94-455: 94-503: 578: 1350: Defense Department Appropriations Act, FY 1977................. Tax Reform Act of 1976......................................... Crime Control Act of 1976...................................... Bail for Narcotics 0ffenders................................... House Select Committee on Narcotics Abuse and Control, CongreSSOOOIOOOOOOOOOOOOOOOOOOOOCOOOOOOOIOOOOOOOOOIOOOOOOOOOOOOOOOOOOO 95th Congress POLO 95-92: International Security Assistance and Arms Export Control 1977000000000OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO P.L. 95-115: Juvenile Justice Amendments of 1977............................ \O\OlN 10 11 11 12 12 12 13 13 13 13 14 14 15 15 16 16 17 17 18 18 19 19 95th P.L. of P.L. P.L. P.L. P.L. P.L. FY P.L. of P.L. H. Res. 95-137: CRS-Vii Congress--Cont. Extending Appropriations Authorizations for the Enforcement ActOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO 95-142: 95-384: 95-410: 95-461: 95-481: Medicare-Medicaid Anti-Fraud and Abuse Amendments.............. International Security Assistance Act of l978.................. Customs Procedural Reform and Simplication Act................. Drug Abuse Prevention and Treatment Amendments of 1978......... Foreign Assistance and Related Programs Appropriation Act, 1978000OOOOOOOOOOOOOO0000000000000OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO 95-537: Contract Services for Drug Dependent Federal Offenders Act 197800OOOOOOOIIOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO 95-633: 77: PSyChOtrOpiC SUbStanCe3 ACt Of 19770000000000ooooooooooooo00000 Continuance of House Select Committee on Narcotics Abuse and CongreSSOOOOOOOOOOOO00000000OOOOOOOOOOOOOOOOOOOOOOOOOOQOOOOOO H. Con. 96th Congress Res. 265: P.L. P.L. P.L. P.L. FY P.L. P.L. 96-43: 96-53: 96-92: 96-132: EndOrSing HermOSillO DeClaratiOnoooooooooooooooooooooooooo Speedy Trial Act Amendments of 1979............................ International Development Cooperation Act of l979.............. International Security Assistance Act of l979.................. Department of Justice Appropriation Authorization Act, 19800000000OOOOOOOOOOOOOCOOOOOOOIOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO 96-157: 96-181: Justice System Improvement Act................................. Drug Abuse Prevention, Treatment, and Rehabilitation ].979ooooooooooooooooooooooooooooooooooooooooooooooooooooooooo P.L. on P.L. P.L. P.L. P.L. of 96-350: Possession or Transfer of a Controlled Substance, Abroad or UOSOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO 96-359: 96-509: 96-528: 96-533: Infant Formula Act of 1980..................................... Violent Juvenile Crime Control Act of 1980..................... Agriculture Appropriations, FY 198l............................ International Security and Development Cooperation Act 19800000000COOOOOOO0.00000000000IOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO H. Res. 13: CongreSSOOOOOO000000IOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO00000 97th Congress P.L. FY P.L. of P.L. P.L. H. Res. 97-86: Continuance of the House Select Committee on Narcotics Abuse Department of Defense Authorization for Appropriations for l982000OOOOOIOOOOOOOOOOOOOOOOOOOOOOOOOOCOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO0 97-113: International Security and Development Cooperation Act l981000OOOOOOOOOOOOOOOOOOOOOOOOOOCOOOOOOOOOOOOOOOOOOOOOOOOOOOCOOOOOOOOOO 97-116: 97-248: 13: Immigration and Nationality Act Amendments of 198l............. TBX Equity and FiSC3l ReSp0nSibi1ity ACt Of 1983oooooooooooo-00 Continuance of the House Select Committee on Narcotics Abuse CongreSSOCOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO 19 19 20 20 21 21 21 21 22 22 22 23 23 23 24 24 25 25 25 26 26 27 27 27 28 28 28 CRS-viii 98th Congress P.L. 98-67 (Title II): Caribbean Basin Recovery Act.......................... 29 P.L. 98-151: Further Continuing Appropriations, FY 1984..................... 29 P.L. 98-164: Department of State Authorization Act, FY 1984 and FY l985..... 29 P.L. 98-236: Amendment to the Contract Services for Drug Dependent Federal Offenders Act of l978.............................................. 30 P.L. 98-305: Controlled Substance Registrant Protection Act of l984......... 30 P.L. 98-329: Banning Methaqualone........................................... 31 P.L. 98-411: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1985............................... 31 P.L. 98-473 (Title II): Comprehensive Crime Control Act of 1984............. 31 P.L. 98-499: Aviation Drug-Trafficking Control Act.......................... 36 P.L. 98-509: Alcohol Abuse, Drug Abuse, and Mental Health Amendments of 1984 36 P.L. 98-573: Trade and Tariff Act of l984................................... 36 P.L. 98-596: Criminal Fine Enforcement Act of 1984.......................... 37 H. Res. 49: Continuance of the House Select Committee on Narcotics Abuse and Control, 98th Congress................................................. 37 99th Congress P.L. 99-83: International Security and Development Cooperation Act of 1985. 37 P.L. 99-88: Supplemental Appropriations for FY 1985........................ 38 P.L. 99:93: State Department authorizations, FY 1986 and FY 1987 (International Narcotics Control Comission).............................. 38 P.L. 99-145: Department of Defense authorizations, FY 1986.................. 38 P.L. 99-190: Further Continuing Appropriations, FY 1986..................... 39 BRIEF SUMMARIES OF TREATIES Single Convention on Narcotic Drugs, 1961.................................... 39 1972 Protocol Amending the Single Convention on Narcotic Drugs, 196l......... 40 Convention on Psychotropic Substances........................................ 40 FEDERAL LAWS RELATING TO THE CONTROL OF NARCOTICS AND OTHER DANGEROUS DRUGS, ENACTED 1961-1985: BRIEF SUMMARIES INTRODUCTION During the past twenty-five years, Congress has enacted a large number of laws intended, in whole or in part, to prevent the misuse of narcotics and other dangerous drugs. Of these enactments, some are designed to reduce the demand for such drugs--through treatment, education, and intervention efforts-- and others are aimed at reduction of drug supply--through regulation of manufacture and distribution, by curbing illicit traffic, and by foreign assistance for the control of drug production and trafficking abroad. This compilation provides summaries of enactments, treaties and reorganization plans, passed from 1961 through 1985, that have some clearly indicated relationship--either by specific reference or by virtue of legislative history--to the Federal effort to prevent drug misuse by means of supply reduction. Measures for the prevention of drug misuse through demand reduction are not included. Appropriation laws are included only if they contain provisions bearing on the substance of the activity or program for which funds are being appropriated. It should be noted that many measures of a general nature--such as broadly directed anti-crime laws or laws authorizing the activities and funding of general law enforcement agencies (Coast Guard, Customs Service, FBI, etc.)--may also contribute to the drug control effort. CRS-2 BRIEF SUMMARIES OF PUBLIC LAWS P 0L 0 Makes it a Federal crime, punishable by a fine of up to $10,000 or 5 years imprisonment or both, to travel or use communications facilities in interstate or foreign commerce to carry on or to aid racketeering activity (including any illegal organized enterprise involving narcotic drugs). P.L. 87-274: Juvenile Delinquency and Youth Offenses Control Act Authorizes $10 million for fiscal year 1962 and each of the two succeeding years to make grants to Federal, State, local and other public or nonprofit . agencies and organizations to pay part of the cost of carrying out projects demonstrating or developing practices for the prevention, diminution, and treatment of juvenile delinquency and holding promise of making a substantial contribution to the solution of juvenile delinquency problems (including the problem of juvenile drug abuse). Provides technical assistance services to States, municipalities, and other agencies--including investigations, reports and short term training. Directs the Secretary of the Department of Health, Education and Welfare, in administering the Act, to consult with the President's Committee on Juvenile Delinquency and Youth Crime on matters of general policy and procedure. P.L. 88-368: Juvenile Delinquency Act Extension Extends for an additional 2 years the Juvenile Delinquency and Youth Offenses Control Act of 1961, with provision for a special demonstration project for prevention and control of juvenile delinquency in the District of Columbia. CRS—3 P.L. 89-74: Drug Abuse Control Amendments of 1965 Amends the Federal Food, Drug, and Cosmetic Act to provide for special controls over the manufacture and distribution of depressant and stimulant drugs-- including increased recordkeeping and inspection requirements, control over intrastate commerce in such drugs as well as interstate--and to make possession of the drugs (other than by the user) illegal outside of the legitimate channels of commerce. P.L. 89-793: Narcotic Addict Rehabilitation Act of 1966 Provides for the possibility of civil commitment, for treatment, of narcotic addicts charged with Federal law violations; provides for the possibility, under certain circumstances, of civil commitment to Federal care (for treatment purposes)’ of addicts who are not charged with any criminal offense; and provides for grants to States to assist in developing and maintaining specialized services and programs for addicts. Also, makes Federal marihuana law violators eligible for parole. Reorganization Plan No. 1, effective April 8, 1968 Merges the Bureau of Narcotics (Treasury Department) and the Bureau of Drug Abuse Control (Department of Health, Education and Welfare) into a new agency, the Bureau of Narcotics and Dangerous Drugs, in the Department of Justice. P.L. 90-351: (Title I) Omnibus Crime Control and Safe Streets Act of 1968: Title I, Law Enforcement Assistance Authorizes a program of formula grants to States for the purpose of improving and strengthening law enforcement, which may include efforts to treat and CRS-4 rehabilitate narcotic addicts within State criminal justice systems; and also authorizes a program of "discretionary" grants to States and localities for implementation of "special emphasis" law enforcement activities, which also may include drug abuse control projects. P.L. 90-639: Increased Penalties for Dangerous Drug Offenses Provides increased penalties for illegal trafficking in depressant and stimulant drugs, including LSD and other hallucinogens, and makes possession of such drugs illegal (first offense a misdemeanor) unless obtained through a valid prescription. P.L. 91-296: Marihuana and Health Reporting Act (Title V of the Hospital and Medical Facilities Construction and Modernization Amendments of 1970). Requires the Secretary of Health, Education, and Welfare to make an annual report to the Congress on the health consequences of marihuana use. P.L. 91-452: Organized Crime Control Act of 1970 Title I: Provies for the summoning of special grand juries in major ' metropolitan areas, for the purpose of investigating organized crime activities, and authorizes such juries to issue reports upon conclusion of their terms. . Title II: Provides that, and prescribes the manner in which, a witness in a Federal proceeding may be ordered to provide information after asserting his privilege against self-incrimination, and defines the scope of the immunity to be provided such witness with respect to information provided under an order. CRS-5 Title III: Codifies previously existing Federal civil contempt procedures designed to deal with recalcitrant witnesses in grand jury and court proceedings, authorizing civil contempt commitment until the court order is complied with, and makes subject to Federal process witnesses who flee State investigative commissions to avoid giving testimony. Title IV: Abolishes the "two-witness" and "direct evidence" rules in the trying of Federal perjury cases, and provides for the prosecution of persons making contradictory statements under oath, without requiring proof of the falsity of one of the statements. Title V: Authorizes the Attorney General to protect and maintain Federal or State government witnesses in organized crime proceedings, along with their families. Title VI: Authorizes the taking of pretrial depositions of Federal Government witnesses in criminal cases against persons believed to have participated in organized crime activity, and the use of such depositions as evidence in subsequent prosecutions. Title VII: Provides that in any legal proceeding of the United States, the consideration of claims that evidence is inadmissable because derived from the illegal use of electronic, mechanical or other device shall be limited to those cases where the alleged illegal act has taken place within five years of the time the claim is made; and limits disclosure of information by the Government in such cases to only such as is relevant to determination of admissibility of the evidence and is in the interest of justice. Title IX: Racketeer Influenced and Corrupt Organizations (RICO). Amends title 18, U.S.C., to prohibit infiltration of the management of legitimate organizations by racketeering activity or by the proceeds of rackeetering CRS-6 activity where interstate or foreign commerce is affected; provides for criminal penalties (including forfeiture of property to the United States) upon conviction of violations of the prohibitions; and provides for civil remedies (e.g., court- ordered divestiture of interest) to prevent and restrain violations of the prohibition provisions.. Title X: Provides for additional sentences for habitual, professional, or organized crime offenders convicted of a Federal offense. Title XII: Establishes a Commission on Individual Rights to conduct a comprehensive study and review of Federal laws and practices relating to special grand juries and to special offender sentencing authorized under the Act, wiretapping and electronic surveillance, bail reform and preventive detention, no-knock search warrants, and the accumulation of data on individuals by Federal agencies--to report within 6 years of establishment. P CL 0 Title I: Financial Recordkeeping. Requires the maintenance of records by banks, businesses and other U.S. financial institutions where such records would be useful in criminal, tax, or regulatory investigations or proceedings. Title II: Currency and Foreign Transactions Reporting Act. Among other things, requires all banks and other financial institutions to file a currency transaction report with the Internal Revenue Service for each deposit, withdrawal or exchange of currency or monetary instruments in excess of $10,000. Requires any individual involved in exporting or importing monetary instruments exceeding $5,000 to report such transactions to the Customs Service. Provides for the seizure and forfeiture of monetary instruments involved in a violation of the CRS-7 reporting requirement. Authorizes the Secretary of the Treasury to make information from the required reports available to any other Federal department or agency upon request. P.L. 91-513: Comprehensive Drug Abuse Prevention and Control Act of 1970 Title II: Controlled Substances Act; Replaces previous narcotic and dangerous drug contol laws (except those relating to importation and exportation; see Title III) with a single statute and makes certain changes in the substance of these laws, including (1) establishment of five separate schedules for the classification of all narcotics and other dangerous drugs ("controlled substances"), with the extent of regulation of each drug or substance varying according to its assigned schedule (but with distinctions between narcotics and non-narcotics in the two most restrictive schedules); (2) transfer to the Secretary of Health, Education and Welfare of authority to designate the classification of substances proposed to be regulated under the Act, in the absence of control required by treaty in effect upon enactment; (3) extension of existing law's licensing requirements for narcotics manufacturers to apply to manufacturers of all_ controlled drugs and to all distributors of such drugs; (4) a revision of penalties, among which is one making any first-time simple possession offense a misdemeanor, regardless of the drug involved--and one eliminating all mandatory minimum sentences, except in cases involving a special class of professional criminal (one shown to have been involved in a "continuing criminal enterprise"); (5) provision of possibility of expungement of police record, after satisfactory probation, in the case of a first offender convicted of illegal possession of a narcotic drug or marihuana (such a possibility already existed for other drug offenders); (6) provision for possibility of use of "no-knock" search warrants CRS-8 by law enforcement officers engaged in enforcing the Act; and (7) establishment of a commission to conduct a study of marihuana, and to make recommendations regarding its control. For carrying out functions under Title II, authorizes I Justice Department appropriations of $60 million for FY 1972, $70 million for FY 1973, and $90 million for FY 1974. Separately, authorizes annual appropriations of $6 million for specific purpose of increasing Federal narcotics enforcement strength by 300 agents plus support personnel. Title III:. Controlled Substances Import and Export Act. Replaces with a single new provision of law the existing statutes relating to importation and exportation of narcotics and dangerous drugs, conforming to the provisions of Title II; and repeals other revenue laws relating to narcotics and marihuana. POL 0 Increases appropriation authorizations for the Commission on Marihuana and Drug Abuse. P OLD Extends the provisions of the Juvenile Delinquency Prevention and Control Act of 1968 for an additional year, and establishes an interdepartmental Council of Juvenile Delinquency to coordinate all Federal delinquency control programs. Authorizes appropriations of $75 million for FY 1972. P.L. 92-73: Department of Agriculture--Environmental and Consumer Protection Appropriations Act, 1972 Contains a provision barring the payment of Federal subsidies to farmers who knowingly allow wild marihuana growing on their land to be harvested. CRS-9 P.L. 92-129: Selective Service Act Amendments Contains a provision directing the Armed Forces: to identify drug dependent servicemen and to provide them with treatment; to identify prospective servicemen who are drug or alcohol dependent, refuse them entrance into the Armed Forces, and refer them to civilian treatment facilities; and to report to Congress within 60 days of enactment as to implementation of the provisions and with recommendations for additional legislative action determined necessary "to combat effectively drug and alcohol dependence in the Armed Forces and to treat and rehabilitate effectively any member found to be a drug or alcohol dependent person. P.L. 92-226: ‘Foreign Assistance Act of 1971 Among other things, authorizes suspension of foreign assistance to countries not cooperating in attempts to curb illegal drug traffic to the U.S., and creates an assistance program designed to encourage international narcotics control*. P.L. 92-245, 92-246, 92-247 Authorizes U.S. contributions to and participation in the Asian Development Bank, the Inter-American Development Bank, and the International Development Association, respectively. Each contains a provision instructing the U.S. Executive Director for the relevant institution to vote against any loan (or * Amended by P.L. 92-352 (State Department appropriations authorizations, 1972) to provide for a specific FY 1973 appropriation authorization of $42,500,000 for the assistance program. CRS—1O other utilization of the institution's funds) to any country with respect to which the President has made a determination that its government has failed to take adequate steps to prevent narcotics and other dangerous drugs from entering the United States unlawfully or from being sold unlawfully to any U.S. Government personnel or their dependents within the country's jurisdiction. P.L. 92-255: Drug Abuse Office and Treatment Act of 1972 Title II: Establishes an office in the Executive Office of the President-- to be called the Special Action Office for Drug Abuse Prevention (SAODAP)-—to coordinate and direct Federal drug abuse control efforts related to rehabilitation of drug-dependent persons, education, training, and research; makes specific appropriation authorizations for the new office. Although "drug traffic prevention" functions (law enforcement activities, diplomatic negotiations, and foreign assistance for controlling drug production and traffic) are excluded from the jurisdiction of the Office, provides that the Director of SAODAP may make recommendations to the President in connection with any drug traffic prevention function, and that he shall consult with and be consulted by all agencies involved in such functions regarding their policies, priorities, and objectives. Also specifically provides that the Director shall report, in writing to the President, the conduct of any agency-be it concerned with abuse prevention or traffic prevention--which "substantially impairs the effective conduct" of any other drug function. Further provides that the Attorney General must give prior notice to the SAODAP Director of any scheduling action (addition, removal, or transfer) under the Controlled Substances Act. Specifies June 30, 1975, as the expiration date for the Office. CRS-ll Title III: Directs the President to develop a "comprehensive, coordinated long-term Federal strategy" for all drug abuse prevention and drug traffic prevention functions conducted, sponsored, or supported by the Federal Government. Requires such strategy to be promulgated initially no later than nine months after enactment of the title. To assist in preparing strategy, directs the President to establish a Strategy Council, consisting at least of the Director of SAODAP, the Attorney General, the Secretaries of HEW, State, and Defense, and the Administrator of Veterans’ Affairs. Provides that the strategy must be reviewed, revised as necessary, and promulgated as revised at least once a year. A P.L. 92-293 Authorizes the Attorney General to provide care for narcotic addicts placed on probation, released on parole, or mandatorily released (who are not eligible A for handling under the provisions of the Narcotic Addict Rehabiliation Act of 1966). P CL 0 Extending the Juvenile Delinquency Prevention and Control Act of 1968 for 2 additional years. The Act provides for grants to assist States and communities (agencies outside the juvenile justice system) in furnishing diagnostic, treatment, rehabilitative, and preventive services to youths who are delinquent or in danger of becoming delinquent--which services may include drug abuse treatment or prevention projects. CRS-12 P IL 0 Amends the Narcotic Addict Rehabiliation Act of 1966 to increase treatment options available through judicial disposition of addicts--especially to allow methadone maintenance. P.L. 93-83: Crime Control Act of 1973 Funds the law enforcement assistance program under the-Omnibus Crime Control and Safe Streets Act of 1968 for three additional years--authorizing appropriations of $1 billion for fiscal years 1974 and 1975, and $1.25 billion for FY 1976. Reduces State-local matching requirements from 25 to 10 percent except for Part C construction, and increases to 50 percent the local non-Federal share to be paid by the States for both Part B planning and Part C action grants. Contains a provision specifically requiring States receiving grants for correctional programs to provide "necessary arrangements for the development and operation of narcotic and alcoholism treatment programs in correctional institutions and facilities and in connection with probation or other supervisory release programs for all persons, incarcerated or on parole, who are drug addicts, alcoholics, or alcohol abusers." further contains a Part C amendment referring specifically to "centers for treatment of narcotic addicts" as a possible component of a comprehensive State plan. P.L. 93-87: Federal-Aid Highway Act of 1973 Authorizes, among other changes, funding of research by public or private agencies, institutions and individuals to explore the relationship between drug use and highway safety. CRS-13 P.L. 93-189: Foreign Assistance Act of 1973 Authorizes appropriations of $42.5 million for the international narcotics control program established under the Foreign Assistance Act of 1971, for each of fiscal years 1974 and 1975, and contains a requirement that the President transmit to Congress quarterly and semi-annual reports on all aspects of U.S. international narcotics control programs and activities. P 9L 0 Authorizes the disposal of opium from the National Stockpile. P.L. 93-281: Narcotic Addict Treatment Act of 1974 Amends the Controlled Substances Act to provide for the separate registration of practitioners who use narcotic drugs in the treatment of addicts. P.L. 93-415: Juvenile Justice and Delinquency Prevention Act of 1974 Replaces and generally expands the programs authorized by the old Juvenile Delinquency Prevention Act. Establishes an Office of Juvenile Justice and Delinquency Prevention within the Law Enforcement Assistance Administration, to administer a formula grant and contract program of assistance to States and localities for the development of delinquency prevention and control programs (defined as meaning "any program or activity related to juvenile delinquency prevention, control, diversion, treatment, rehabilitation, planning, education, training, and research, including drug and alcohol abuse programs, the improvement of the juvenile justice system and any program or activity for neglected, CRS-14 abandoned, or dependent youth and other youth who are in danger of becoming delinquent"). Authorizes appropriations of $75 million for FY 1975, $125 million for FY 1976, and $150 million for FY 1977. Creates a Coordinating Council on Juvenile Justice and Delinquency Prevention to coordinate Federal juvenile delinquency programs,_and creates an Advisory Committee for Juvenile Justice and Delinquency Prevention to recommend policy and management of Federal programs. Establishes a National Institute for Juvenile Justice and Delinquency Prevention to serve as an information clearinghouse and training center. Authorizes the Secretary of HEW to make grants and provide technical assistance to localities and nonprofit private agencies for the development of facilities to serve the needs of runaway youth, outside the justice system--authorizing appropriations for this purpose of $10 million for fiscal years 1975 through 1977. Extends the old Juvenile Delinquency Prevention Act for an additional year. P 0L 0 Authorizes appropriations for enforcement of the Controlled Substances Act by the Drug Enforcement Administration--$105 million for FY 1975, $175 million for FY 1976, and $200 million for FY 1977. Also, repeals the "no-knock" search warrant provision of the Controlled Substances Act, and extends the possibility of parole to all persons convicted of a narcotic or dangerous drug offense under the Federal laws in force prior to enactment of the Controlled. Substances Act. P.L. 93-618: Trade Act of 1974 Among other things, provides for duty-free treatment of any eligible article from any "beneficiary developing country" designated by the President, no country CRS-15 to be so designated if it fails to take adequate steps to cooperate with the U.S. to prevent the unlawful entry into the United States of narcotic drugs and other substances controlled under the Controlled Substances Act which are produced, processed or transported in that country. Also requires the President to submit a report at least once each calendar year listing those foreign countries in which narcotic drugs and other controlled substances are produced, processed, or transported for unlawful entry into the United States, and requires that the report include a description of the measures taken by these countries to prevent such activities. Reorganization Plan No. 2iof 1973 Consolidates and entrusts to a single new agency within the Justice Department, to be known as the Drug Enforcement Administration, all Federal activities relating to the prevention of illicit traffic in narcotics and dangerous drugs. P.L. 94-237: Drug Abuse Office and Treatment Act of 1972, Amendments Among other things, establishes, on a 3-year basis, an Office of Drug Abuse Policy in the Executive Office of the President, to succeed the defunct Special Action Office for Drug Abuse Prevention in providing coordination and policy formulation for Federal efforts to prevent and control drug abuse. Authorizes $700,000 for FY 1976, $500,000 for the transition, and 2 million for each of FY 1977 and 1978. Specifically authorizes certain research efforts by NIDA, including those that relate to the development of non-addictive substitutes for opium derivatives--with appropriation authorizations of $7 million annually through FY 1978. CRS-16 P.L. 94-329: International Security Assistance and Arms Export Control Act of 1976 In addition to other matters, extends the "International Narcotics Control" program under the Foreign Assistance Act, for another two years, with appropriation authorizations of $40 million for FY 1976 and $34 million for FY 1977. Provides that no part of the FY 1976 money may go to any country where illegal traffic in opiates has been a significant problem, absent a Presidential determination and certification to Congress that the country is "signficantly reducing the amount of illegal opiates entering the international market." Prohibits participation by any U.S. official in any "direct police arrest action" in a foreign country with respect to narcotics control efforts. Directs the President to make a study of methods through which U.S.-funded narcotics control programs in foreign countries might instead be assisted through international organizations. P.L. 94-419: Defense Department Appropriations Act, FY 1977 Although the act contains no formal provision, the conference report calls for an end to the random urinalysis testing programs of the armed services, intended for the detection of drug abuse, by October 1, 1976, with funds saved to be redirected to military alcohol abuse programs. The conference comittee also agreed that the Department should take "positive steps to make all commanders aware of the fact that participating in a drug or alcohol abuse rehabilitation program is, of itself, not to be considered grounds to deny reenlistment". Moreover, the committee indicated that treatment of civilian employees by the military services should be limited to emergencies and to those places where treatment is unavailable through public and private sources. CRS-17 P.L. 94-455: Tax Reform Act of 1976 Establishes stricter rules of confidentiality with respect to Federal income tax returns. Has the effect of limiting the circumstances under which the Internal Revenue Service may make information available to other Federal agencies. P.L. 94-503: Crime Control Act of 1976 Extends the law enforcement assistance program authorized by the Omnibus Crime Control and Safe Streets Act of 1968 for an additional three years and authorizes appropriations of $880 million for FY 1977 and $800 million for each of FY 1978 and 1979 (along with an additional $15 million for each year for a new community anti-crime program authorized by Sec.-103 of the act). Provides that the Law Enforcement Assistance Administration (LEAA) is under the policy direction and control of the Attorney General. Provides for participation by State legislatures in the planning process. Requires inclusion in the State Planning Agency (SPA) of a minimum of three judicial members. Provides for voluntary establishment of judicial planning committees to develop annual State judicial plans. to be approved by SPAs and incorporated into State plans. Requires SPAs to allocate $50 million annually to such committees and increases Part B planning block grants accordingly. Specifically authorizes Part C funding for programs for stengthening the courts. for preventing crimes against the elderly, for community anti-crime programs, and for early case assessment programs. CRS-18 Requires that juvenile delinquency programs be allocated 19.15 percent of the total appropriation for LEAA. Requires specific annual authorizations for Justice Department appropriations beginning Oct. 1, 1978. S Authorizes the use of Part C funds for the "development of programs to identify drug-dependent offenders (including alcoholics, drug addicts, and drug abusers)"; and requires all States to establish "procedures for effective coordination between State planning agencies and single State agencies designated under section (409)(e)(l) of the Drug Abuse Office and Treatment Act of 1972 . . . in responding to the needs" of such offenders. A Requires the Institute of Criminal Justice, in consultation with the National Institute on Drug Abuse, to give research priority to determining the relationship between drug abuse and crime and "to evaluate the success of the various types of drug treatment programs in reducing crime." Provides for the removal from the Federal civil service system of all upper-level supervisory personnel in the Drug Enforcement Administration (DEA). S. Res. 578 (94th Cong.) Urges Federal judges to set more realistic bail for major narcotics law offenders. H. Res. 1350 Provides for the establishment and funding, during the 94th Congress, of the House Select Committee on Narcotics Abuse and Control, for the purposes of studying and reviewing the problems of narcotics abuse and control. CRS-19 P.L. 95-92: International Security Assistance and Arms Export Control Act of 1977 Among other things, extends the appropriation authorization for the International Narcotics Control Program under sec. 482 of the Foreign Assistance Act for one additional year (FY 1978), at the level of $39 million. P.L. 95-115: Juvenile Justice Amendments of 1977 Extends and expands the Juvenile Justice and Delinquency Prevention Act of 1974, authorizing appropriations of $150 million in FY 1978, $175 million in FY 1979, and $200 million in FY 1980. Relaxes certain stringent requirements of the Act. Increases appropriation authorizations for the Runaway Youth Act. P 0L 0 Extends appropriation authorizations for the enforcement of the Controlled Substances Act for two additional years, $188 million for FY 1978 and $215 million for FY 1979. Repeals the annual $6 million authorization under section 103 of the Act. P.L. 95-142: Medicare-Medicaid Anti-Fraud and Abuse Amendments Contains a number of provisions for the general purpose of preventing fraud and abuse under the Medicare and Medicaid programs, including: stricter penalties, requirement of the suspension of practitioners convicted of criminal offenses, establishment of a uniform reporting system for health facilities, and incentives for establishment of State Medicaid fraud units. CRS-20 P.L. 95-384: International Security Assistance Act of 1978 Among other things: authorizes appropriations for the International Narcotics Control Program (section 482 of the Foreign Assistance Act) for one additional year (FY 1979); at the level of $40 million. Amends the "Mansfield Amendment" of 1976 to provide specifically that no U.S. officer or employee may interrogate or be present at the interrogation of any U.S. person arrested in any foreign country with respect to narcotics control efforts without the written consent of that person. Also prohibits the use of any funds authorized by the section in any program involving the spraying of a herbicide to eradicate marihuana plants if the use of the herbicide is likely to cause serious harm to the health of persons who may use or consume the sprayed marihuana; but provides further that the prohibition does not apply when the herbicide is used in conjunction with another substance that will provide a clear warning to potential users. Establishes procedures under which the use of a herbicide in a marihuana eradication program funded under the section is to be evaluated by the Department of Agriculture and the Environmental Protection Agency, to ascertain whether the prohibition should be invoked; also requires the Secretary of State to submit a comprehensive report to Congress each year on efforts taken to ensure compliance with the requirements of the herbicide provisions and to prevent the spraying of marihuana with herbicides harmful to humans. P.L. 95-410: Customs Procedural Reform and Simplication Act Among other things, amends the Tariff Act of 1930 to increase from $2,500 to $10,000 the maximum value of property (seized in connection with a violation of U.S. customs laws) that is subject to administrative as opposed to judicial CRS-21 forfeiture; makes by reference the same change with respect to all seizures made under the Controlled Substances Act. P.L. 95-461: Drug Abuse Prevention and Treatment Amendments of 1978 Among other things, extends specific authorization for support of certain areas of research-including the creation, development, and testing of synthetic analgesics, antitussives and other drugs which are (A) non-addictive or (B) less addictive than opium or its derivatives, to replace opium and its derivatives in medical use. P.L. 95-481: Foreign Assistance and Related Programs Appropriation Act, FY 1978 Contains a provision placing a $3 million ceiling on U.S. contributions, during FY 1978, to the United Nations Fund for Drug Abuse Control. P.L. 95-537: Contract Services for Drug Dependent Federal Offenders Act of 1978 Transfers from the Justice Department to the Administrative Office of the U.S. Courts the authority to contract for aftercare services for released Federal offenders who are drug dependent, thus consolidating responsibilities for supervisory care for such offenders in a single agency. P.L. 95-633: Psychotropic Substances Act of 1977 Amends the Controlled Substances Act and other laws to meet obligations under the Convention on Psychotropic Substances relating to regulatory controls on the manufacture, distribution, importation, and exportation of psychotropic CRS-22 substances. Provides for tighter controls on the manufacture and distribution of the drug phencyclidine (PCP), including increased penalties for illicit trafficking, and places certain restrictions on commerce in the PCP ingredient piperidine. Also provides for seizure and forfeiture of moneys and other negotiable instruments furnished or intended to be furnished in exchange for illicitly transferred controlled substances. H. Res. 77 Provides for the continuance, during the 95th Congress, of the House Select Committee on Narcotics Abuse and Control. H. Con. Res. 265 A Endorses the Hermosillo Declaration ("on Combating Traffic in Drugs at the International Level, adopted by the seventeenth Mexico-United States Interparliamentary Conference, May 1977) and urges the President to encourage other nations to cooperate in an international effort to eradicate narcotics trafficking and to eliminate illicit production of opium. P.L. 96-43: Speedy Trial Act Amendments of 1979 Amends the Speedy Trial Act of 1974 to modify a number of requirements, particularly to extend the period, from the time of arraignment, during which a trial must commence. Specifically with respect to offenders who might be subject to the provisions of the Narcotic Addict Rehabilitation Act of 1966, extends the periods of delay that are excluded in computing the time limits for the filing of an information or indictment, and the comencement of trial, CRS-23 to include delay resulting from any proceeding or deferral or prosecution pursuant to that act. P.L. 96-S3: International Development Cooperation Act of 1979 Among other things, requires agencies that plan development assistance programs for countries in which there is illicit narcotics cultivation to give priority consideration to programs that would reduce such cultivation by stimulating broader development opportunities. P.L. 96-92} International Security Assistance Act of 1979 In addition to other provisions, extends the appropriation authorization for the International Narcotics Control program under section 482 of the Foreign Assistance Act. Extends the program through FY 1980, a 1-year extension, authorizing $51.7 million, with $16 million earmarked for the Republic of Colombia. Provides that contributions for the U.N. Fund for Drug Abuse Control may not exceed $3 million or 25 percent of total member-nation contributions. Amends the anti-paraquat provision of 1978 to make clear that it is not intended to jeopardize programs aimed at reducing narcotics traffic. P.L. 96-132: Department of Justice Appropriation Authorization Act, Fiscal Year 1980 Authorizes appropriations for the Justice Department for FY 1980. For the Drug Enforcement Administration (DEA), authorizes $198.3 million. Amends the Controlled Substances Act (1) to authorize DEA to pay tort claims arising in foreign countries in connection with the agency's operations, such payment CRS-24 to be made in accordance with the Federal Tort Claims Act, and (2) to repeal the requirement that an award of compensation be made to informers in accordance with the customs laws. P.L. 96-157: Justice System Improvement Act Amends Title I of the Omnibus Crime Control and Safe Streets Act. Establishes a National Institute of Justice (NIJ) and a Bureau of Justice Statistics (BJS). Transfers the research operations of the Law Enforcement Assistance Administration (LEAA) to the new NIJ and its statistics operations to the new BJS. Places all three entities--LEAA, NIJ, and BJS--under a new Justice Department agency, the Office of Justice Assistance, Research and Statistics (OJARS). Authorizes $750 million per year for FY 1980 through 1983 for the major assistance activities, education and training, and administration; $25 million for each of these fiscal years for research; $25 million for each year for statistical activities; and $25 million for each year for a community anti-crime program. ,P.L. 96-181: Drug Abuse Prevention, Treatment, and Rehabilitation Amendments of 1979 Among other things, transfers to the President the responsibilities of the former Office of Drug Abuse Policy. Expands membership of the Strategy Council on Drug Abuse to include appropriate State and local government officials. Extends specific authorization for the National Institute on Drug Abuse to conduct or support research on designated subjects, including the development of synthetic analgesics, antitussives and other drugs which are non-addictive or less addictive than opium or its derivatives, to replace opium and its derivatives in medical use. CRS-25 P CL 0 Makes it unlawful for any person on board a U.S. vessel or a vessel subject to U.S. jurisdiction--or for a U.S. citizen on any vessel--to possess, manufacture, distribute, dispense, or unlawfully import a controlled substance. Also makes it unlawful for any person anywhere to possess a controlled substance intending or knowing that it will be unlawfully imported into the United States. yrovides for first offense penalties of up to 15 years imprisonment, or a fine of up to $25,000, or both, and of double those maximums for a second or subsequent offense. P.L. 96-359: Infant Formula Act of 1980 Among other things, contains provisions (1) to increase the maximum penalty for trafficking in marihuana in amounts exceeding 1,000 lbs., to 15 years in prison, or $125,000, or both (double for a second offense); (2) to extend the 1978 amendments to the Controlled Substances Act relating to the commerce in the PCP constituent piperidine; and (3) to direct the Attorney General to make available to the States additional information on the extent of, and on trends in, the abuse of drugs. P.L. 96-S09: Violent Juvenile Crime Control Act of 1980 Title I: Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to include the finding that the justice system should give additional attention to violent crimes committed by juveniles, particularly in the areas of identification, apprehension, speedy adjudication, sentencing, and rehabilitation. Repeals declarations of purpose relating to the establishment of training programs and centralized research and information services dealing with juvenile delinquency. CRS-26 Title II: Amends the Juvenile Justice and Delinquency Prevention Act of 1974, to specify, among other things, that the Office of Juvenile Justice and Delinquency Prevention shall be (1) under the general authority of the Attorney General and (2) under the direction of an Administrator with final authority over specified administrative functions. frovides for a 3-year planning cycle for formula grants. Requires that 5 years after the enactment of the amendments, States receiving funds may no longer detain juveniles in jails or lockups housing adult offenders. Provides for an emphasis on removing juveniles from jails and lockups, on serious juvenile offenders, on the training of personnel to deal with offenders with learning disabilities, on exemplary activities, and on the implementation of juvenile justice standards. Authorizes appropriations of $200 million each year for FY 1981-1984. P.L. 96-528 Makes appropriations for Agriculture, Rural Development, and Related Agencies programs for FY 1981 and for other purposes. Among other things, prohibits the use of funds appropriated pursuant to the act for making production or other payments to persons or corporations that harvest-for illegal use--marihuana or other prohibited drug-producing plants. P.L. 96-533: International Security and Development Cooperation Act of 1980 Among other things, extends the appropriation authorization for the International Narcotics Control program under section 482 of the Foreign Assistance Act. For FY 1981 authorizes $38.6 million. Makes available certain aircraft, communications equipment and operational support to the Colombian anit-narcotics enforcement program. CRS-27 H. Res. 13 Provides for the continuance, in the 96th Congress, of the House Select Committee on Narcotics Abuse and Control. P.L. 97-86: Department of Defense Authorization for Appropriations for FY 1982 Among other things, by way of clarifying the Posse Comitatus statute, authorizes certain kinds of cooperation by the Armed Services with civilian law enforcement authorities for specified purposes, including enforcement of the Controlled Substances Act. Among other things, authorizes appropriations for the International Narcotics Control program under section 482 of the Foreign Assistance Act: $37.7 million for each of the fiscal years 1982 and 1983. Repeals the provision of the act that had prohibited the use of assistance funds for drug crop eradication efforts using an herbicide shown to be harmful to human health; however, requires the Secretary of State to inform the Secretary of Health and Human Services (HHS) of the use or intended use, by any country or international organization, of any herbicide to eradicate marihuana under a program receiving assistance. Further requires the Secretary of HHS to monitor the health impact of the use of marihuana that has been sprayed by an herbicide and to report to Congress any evidence of harmful effects. Allows funds earmarked for Colombia under the FY80 appropriation to be used for marihuana eradication (with paraquat). Urges the President to spend at least $100,000 to develop a substance that CRS-28 clearly warns persons who may use or consume marihuana that it has been sprayed with the herbicide paraquat or other herbicide harmful to the health of such persons. Requires such a substance, if developed, to be used with the herbicide. Directs the President to make an annual report to Congress on U.S. policy for establishing an international strategy to prevent narcotics trafficking. P.L. 97-116: Immigration and Nationality Act Amendments of 1981 Among other things, permits the waiver of simple marihuana possession offenses, involving 30 grams or less, as grounds for deportation of the alien spouse, child, or parent or a United States citizen or permanent resident. P.L. 97-248: Tax Equity and Fiscal Responsibility Act of 1982 Contains provisions designed to remove impediments to Internal Revenue Service cooperation with other Federal law enforcement agencies. Specifically, decentralizes authority to apply for tax disclosure orders, eliminates "Catch-22" standards for acceptable applications for disclosure orders, and substitutes the United States for individual Federal employees in civil damage actions for unauthorized disclosure of tax information. Also amends the glnternal Revenue Code to eliminate the possibility of taking any deduction or receiving any credit, in relation to taxes, for any expenditure made in connection with the illegal sale of substances controlled under'the Federal Controlled Substances Act or similar State statute. H. Res 13 Provides for the continuance, in the 97th Congress, of the House Select Comittee on Narcotics Abuse and Control. CRS-29 P.L. 98-67 (Title II): Caribbean Basin Economic Recovery Act Authorizes the President to proclaim duty-free treatment for all "eligible articles" from any Caribbean country specifically designated under the act unless that country fails to meet certain enumerated requirements. One requirement is that the country must take adequate steps to cooperate with the United States to prevent narcotic drugs and other controlled substances (as listed in 21 U.S.C. 812) produced, processed, or transported in such country from entering the United States unlawfully. P.L. 98-151: Further Continuing Appropriations, FY 1984 Contains a prohibition on the provision of assistance, through programs funded under the Foreign Assistance Appropriations Act as provided for in P.L. 98-377 and P.L. 98-63 and out of funds appropriated under the act, to any country during any three-month period (after October 1, 1983) following a certification by the President to the Congress that the government of such country is failing to take adequate measures to prevent narcotic drugs or other controlled substances (cultivated, produced, or processed in that country, or transported through it) from being sold illegally within the jurisdiction of such country to U.S. Government personnel or their dependents or from entering the United States unlawfully. P.L. 98-164: Department of State Authorization Act, FY 1984 and FY 1985 Contains provisions making U.S. assistance to any country that is a major producer of opium, coca, or marihauana contingent on reductions by that CR3-30 country in the levels of such production. Requires the President to submit, annually, a report on U.S. efforts to establish and encourage an international strategy to prevent the illicit cultivation and production of, and traffic in, narcotics and other controlled substances. Specifies that reports shall identify source countries and determine the "maximum reductions in illicit drug production which are achievable" in primary source countries; submission of report is to be followed by consultations between the Administration and Congress on appropriate steps to be taken with respect to delinquent countries. P 0L 0 Amends the Contract Services for Drug Dependent Federal Offenders Act of 1978 to extend the authorization of appropriations, through FY 1986, for contracts with public or private agencies for the supervision of released drug offenders. P.L. 98-305: Controlled Substance Registrant Protection Act of 1984 Makes it a Federal crime to rob or burgle a pharmacy or other dispenser (registered under the Federal Controlled Substances Act to manufacture, distribute or dispense the drugs regulated under that statute) of a substance controlled under the Federal Controlled Substances Act if_(l) the replacement cost of the substance is at least $500, (2) the person committing the offense traveled in interstate or foreign commerce or used any facility in commerce to facilitate the act, or (3) another person was killed or suffered significant bodily injury as a result of the offense. Authorizes penalties of up to 20 years imprisonment or $25,000, or both; where bodily injury CRS-31 occurs, up to 25 years or up to $35,000, or both; where death occurs, up to life imprisonment or $50,000, or both. P.L. 98-329 Transfers the drug methaqualone from Schedule II to Schedule I under the Controlled Substances Act, thus banning it except for specifically approved experimental purposes. P.L. 98-411: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1985 In addition to making appropriations for the Justice Department for FY 1985, provides that the authorities contained in P.L. 96-132, "The Department of Justice Appropriation Authorization Act, Fiscal Year 1980," shall remain in effect until the termination date of the Act or until the effective date of a Department of Justice Appropriation Authorization Act (for FY 1985), whichever is earlier. Also extends exemptions, for the Federal Bureau of Investigation, from certain restrictions on undercover investigative operations, and authorizes their application to similar operations of the Drug Enforcement Administration--requiring from both agencies detailed audits and reports on such operations. P.L. 98-473 (Title II): Comprehensive Crime Control Act of 1984 Chapter I: Bail. Amends the Bail Reform Act to (1) permit Federal courts to consider the factor of potential danger to the community in determining whether to release an accused individual pending trial (or appeal, CRS*32 if convicted) or, if release is appropriate, in determining the conditions for release and (2) increase penalties for jumping bail. Chapter II: Sentencing Reform. For development of a more uniform and predictable Federal sentencing system, establishes a sentencing commission to formuate guidelines for use by the courts when determining sentences. Eliminates parole and allows only limited "good time" credits. Requires guidelines to reflect possible effects of sentences on Federal prison capacities. Specifies that departure from guidelines must be explained in writing by the court. Repeals Youth Corrections Act. Chapter III: tForfeiture. Amends both the Controlled Substances Act and the Racketeering Influenced and Corrupt Organizations Act (RICO). Imposes the sanction of criminal forfeiture for all felony drug offenses. Expands the scope of previously authorized criminal forfeiture sanctions under RICO to include the forfeiture of racketeering activity proceeds. Raises the ceiling (to $100,000) on the value of property subject to administrative forfeiture. Creates two funds from forfeiture proceeds to maintain seized property and to pay for certain law enforcement expenses and in other ways facilitates forfeitures in drug-related and racketeering cases. [See also Chapter XXIII, below.] Chapter V: Drug Enforcement Admendments. Part A: Controlled Substance Penalties. Amends both the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to (1) increase the maximum prison penalties for trafficking in large amounts of an opiate, cocaine, phencyclidine (PCP), or lysergic acid diethylamide (LSD), (2) increase the level of maximum fines that may be imposed as penalties for trafficking in any controlled substance, (3) increase prison penalties and fines CRS-33 for trafficking in any amount of most non-narcotic substances in CSA Schedules I or II (such as LSD and PCP), (4) increase penalties for trafficking in marihuana in amounts ranging from 50 to 454 kilograms, (5) permit State and foreign drug convictions to be considered under the enhanced sentencing provisions applying to repeat drug offenders, and (6) create a new offense under the Act of distributing a controlled substance in or on, or within a thousand feet of, "the real property comprising a public or private elementary school," a first offense being subject to double the maximum penalty for a regular trafficking offense and a second offense being subject to a mandatory minimum of three years imprisonment and a life-time maximum. [See also Chapter XXIII, below.] Part B; Diversioi Control imendmentse Amends the Controlled Substances Act to (1) permit the Attorney General to deny an application for practitioner registration if he determines that its issuance would be inconsistent with the public interest, (2) make it easier to revoke or suspend any registration under the CSA (manufacturers, importers, distributors, and practitioners), (3) eliminate some practitioner recordkeeping requirements and tighten others, (4) simplify practitioner registration requirements (allowing a three-year life-span if determined appropriate), (5) clarify the control of isomers, (6) establish new emergency authority for the Attorney General to place under temporary controls any uncontrolled substance not being marketed in the U.S. for medical purposes-- including registration, recordkeeping, and criminal sanctions for violation, (7) authorize a program of grants to State and local governments ($6 million a year for FY 1985 and FY 1986) to assist them in suppressing diversion of controlled substances from legitimate medical, scientific and commercial channels, and (8) expand import permit requirements to include the importation of certain non-narcotic Schedule III substances. CRS-34 Chapter VI. Division I: Justice Assistance. Among other things, provides for Federal funding, through matching block grants to the States, of State and local law enforcement programs "of proven effectiveness or which offer a high probability of improving the functions of the criminal justice system and which focus primarily on violent crime and serious offenders." Specifically indicates drug trafficking as one of the "critical problems of crime" that funded projects may address. Authorizes appropriations of $70 million for FY 1985. Chapter VI.’ Division II:' Amendments to the Juvenile Justice and Delinquency Prevention Act of 197A. Reauthorizes a program of assistance to States for the development of programs to combat juvenile delinquency, and of. alternatives to incarceration of juveniles. \,Chapter IX: Currency and Foreign Transactions Reporting Act Amendments. Designed principally to prevent the laundering of money by drug traffickers and organized crime figures, (1) prohibits the attempted transport, out of the United States, of monetary instruments exceeding $10,000 (as well as actual transport, as under previously existing law, the minimum being increased from the previous $5,000) absent the prior filing of a report with the Treasury Department, (2) allows customs officials to search, without a warrant, for unreported amounts of cash brought into or carried out of the country, (3) authorizes rewards to informants providing original information on a major violation of the Act, and (4) increases the penalties and fines for failure to keep the records and file the reports required under the Act. Chapter X: Miscellaneous Violent Crime Amendments Part A: Murder+for—Hire and Violent Crimes in Aid of Racketeering. Extends previously existing Federal jurisdiction over contract killings and violence to cover those involving travel in interstate or foreign commerce or CRS-35 using a facility of commerce, and also those committed for anything of pecuniary value received from a "racketeering" enterprise. Part B. Creates a new offense of soliciting the commission of a violent Federal felony. Chapter XI: Serious Non-violent Offenses Part A. Makes it an offense to warn anyone that he or his property is about to be searched by Federal authorities. Part B. Prohibits the possession of certain contraband articles--including any narcotic drug-—by a Federal prison inmate. Chapter XII: ‘Procedural Amendments Part A. Prosecution of Certain Juveniles as Adults. Provides for Federal prosecution, as adults, of certain juvenile defendants charged with serious Federal drug offenses or crimes of violence. Part B. Wiretap Amendments. Authorizes emergency wiretaps without a court order in certain specified situations (including illegal currency transactions and offenses related to victim-witness intimidation). Chapter XIII. National Narcotics Act Creates a National Drug Enforcement Policy Board, an interagency council to coordinate Federal drug law enforcement activities, under the chairmanship of the Attorney General. Gives chairman authority to approve budget reprogramming requests of any agency, if drug law enforcement is involved, and ’allows him to direct the reassignment of personnel, with the concurrence of the head of the agency affected. Chapter XXIII Authorizes an alternative sentence of a fine of up to twice the proceeds from a violation of the Controlled Substances Act, the Controlled Substances CRS-36 Import and Export Act, or the Racketeering Influenced and Corrupt Organization chapter of title 18, U.S. Code. Authorizes the proceeds of forfeited property to be placed in a fund for the maintenance of seized property, the purchase of evidence, and the retro-fitting of seized and forfeited conveyances for law enforcement purposes. P.L. 98-499: Aviation Drug+Trafficking'Control Act Amends the Federal Aviation Act of 1958 to (1) require the mandatory revocation, for up to five years, of the airman certificate of someone convicted of a violation of a State or Federal law relating to controlled substances, and (2) provide for additional penalties for the transportation of controlled substances by aircraft. P.L. 98-509: Alcohol Abuse, Drug Abuse, and Mental Health Amendments of 1984 Contains a provision for repeal of the statute requiring establishment of a Strategy Council on Drug Abuse and the preparation of an annual "National Drug Abuse Strategy." P.L. 98-573: Trade and Tariff Act of 1984 Contains amendments to the Tariff Act of 1930 to raise the ceiling (from $10,000 to $100,000) on the value of property subject to administrative forfeiture (unless contested) because of its involvement in a violation of U.S. customs laws and to remove entirely the ceiling in the case of conveyances used to import, export, transport, or store any substance covered by the Controlled Substance Act. Raises (from $250 to $2,500) the amount of the bond CRS-37 required from a claimant who contests such forfeiture and who seeks a judicial hearing and determination. [With the exception of the amount of bond required in contested cases, the provisions are essentially the same as those of Part D of Chapter III of P.L. 98-473, the Comprehensive Crime Control Act of 1984.] P.L. 98-596: Criminal Fine Enforcement Act of 1984 Amends the Federal criminal code to improve the collection of fines and to increase the maximum fine level for certain offenses. H. Res. 49 Provides for the continuance, in the 98th Congress, of the House Select Committee on Narcotics Abuse and Control. P.L. 99-83: International Security and Development Cooperation Act of 1985 For the International Narcotics Control program, authorizes appropriations of $57.5 million for each of fiscal years l986 and 1987. Makes economic and military assistance to Bolivia contingent on the licensing of coca growers and the limitation of production to pre-established needs, allowing 50 percent of the scheduled payments for FY86 to be made after compliance--with the remaining 50 percent to be provided when the President certifies to Congress that Bolivia has met the eradication targets for 1985 that were specified in a 1983 agreement. For continuation of aid in FY87, Bolivia must have developed a plan to eradicate illicit production. Conditions approximately $90 million of the total amount of FY86 assistance scheduled for Peru on a showing of "substantial progress" by Peru in in developing a plan to eliminate unlicensed coca production. To CRS-38 receive full assistance in FY87, Peru must have put the plan into operation. Terminates the ban on participation by U.S. officers or employees in police arrest actions or interrogations in foreign countries where such participation has been aggreed on by the Secretary of State and the government of the country in question. Requires countries receiving assistance for narcotic control to provide at least 25 percent of the cost of any program or project funded with such assistance. Authorizes provision of defense armaments for foreign aircraft being used to combat drugs. Requires a study to determine the feasibility of establishing a Latin American regional narcotics control organization. Requires a number of additional reports to Congress on matters pertaining to drug control. P.L. 99-88: Supplemental Appropriations for FY 1985 Contains a provision directing the Secretary of Defense to submit a report to Congress on the role of the Department in the drug interdiction and law enforcement activities of the Federal government and also directs the President to make a similar report covering all_Federal drug enforcement efforts, setting forth "the mechanisms for coordinating the policy and operational control of the elements of each agency in the drug interdiction and law enforcement mission." P.L. 99-93: State Department authorizations, FY 1986 and FY 1987 Contains a provision establishing the International Narcotics Control Commission, to monitor drug control treaties. P.L. 99-145: Department of Defense authorizations, FY 1986 Authorizes establishment of special airborne surveillance and detection units within the Armed Forces, permitting existing active units to be utilized CRS-39 while also allowing for the possibility of using reserves. frovides for the mandatory assignment of Coast Guard personnel to each naval vessel at sea in a drug interdiction area and authorizes appropriations for 500 additional Coast Guard personnel for this purpose. Provides for a study on the use of E-2 aircraft for drug interdiction purposes. P.L. 99-190: ‘Further Continuing Appropriations. FY 1986 Contains provisions to (1) earmark $300 million for the enhancement of drug interdiction efforts by the Defense Department. of which $35 million is further earmarked for the commencement of the configuration of an AC-l30H-30 pressurized drug surveillance aircraft and the establishment of an "appropriate" command and . control element for the drug interdiction mission within the Air Force. and (2) require that 50 percent of the funds (excluding International Narcotics Control funds) for Jamaica and Peru be withheld from obligation unless the President determines and reports to Congress that these Governments are "sufficiently responsive to the U. S. Government's concerns on drug control and that the added expenditures of the funds for that country are in the national interests of the United States." BRIEF SUMMARIES OF MULTILATERAL TREATIES Single Convention on'Narcotic'Drugs.il96I [Entered into force for the United States June 24, 1967]. Replaces previous multilateral international treaties for the control of narcotic drug traffic with a single new instrument, designed to simplify and strengthen the existing machinery CRS-40 of regulation. General purpose is to limit the production and distribution of opium, coca, cannabis and their derivatives, along with specified synthetic narcotic compounds. Requires signatories to adopt appropriate legislation to limit production and distribution to such amounts as are necessary for medical and scientific purposes. to introduce necessary administrative and enforcement measures, and to cooperate with the international drug control organs as well as with other countries. [TIAS 6298] 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961 Increases the authority of the International Narcotics Control Board. [26 U31‘ 1439; TIAS 8118] Convention on Psychotropic Substances [Entered into force for the United States April 16, 1980]. Provides for the international control of depressant, stimulant, and hallucinogenic substances not subject to the Single Convention on Narcotic Drugs. [TIAS 9725] Lz§:;u§£5x§1t’»db C} F \:"U'!-71H I N 5:3 "‘£"'C1i‘a.! tnwveasnv‘ ST. |-OUiS - MO. .u3RARv% CDF vvAsHmGT0N UNi\/Ef~>°‘.*3iT\’ SST, Lf.3U3S - MO. ~j——