Drug Enforcement Act of 1986

Drug Enforcement Act of 1986 - Title I: White House Initiative Against Drugs - Subtitle A: Drug-Free Federal Workplace Act of 1986 - Drug-Free Federal Workplace Act of 1986 - Amends the Rehabilitation Act of 1973 to provide that any individual who is otherwise handicapped shall not be excluded from the protections of such Act because that individual uses illegal drugs.

Permits certain personnel actions based on an employee's, or applicant's, use of controlled substances.

Requires the Director of the Office of Personnel Management to establish a Government-wide education program designed to provide information to federal employees with respect to: (1) the health hazards associated with alcohol and drug abuse; (2) the symptoms of alcohol and drug abuse; (3) the availability of prevention, treatment, or rehabilitation services relating to alcohol and drug abuse; and (4) penalties for alcohol and drug use by Federal employees.

Subtitle B: Drug-Free Schools Act of 1986 - Drug-Free Schools Act of 1986 (the Zero-Tolerance Act) - Authorizes appropriations for FY 1987 through 1990 for: (1) allotments to States for drug and alcohol abuse prevention and education activities directed toward students in elementary, secondary, and postsecondary schools; (2) grants to local governments and other public and nonprofit private entities for drug and alcohol prevention, intervention, rehabilitation, education, and training programs; (3) the development and distribution of education materials; (4) education and primary prevention programs for high risk youth; (5) the procurement and development of curricula; and (6) activities to increase drug and alcohol abuse education and prevention efforts targeted at children in kindergarten through the twelfth grade. Specifies the method of distributing such funds. Sets forth the State application requirements.

Directs the Secretary of Health and Human Services to carry out national programs designed to achieve a drug-free learning environment in elementary and secondary schools.

States that it shall not be unlawful under Federal statute or regulation for any educational institution to: (1) require, as a condition of admission or continued enrollment, that students refrain from the use of illegal drugs; (2) conduct drug testing of its students and applicants; (3) refuse enrollment to applicants who use illegal drugs; or (4) take disciplinary action against students who use illegal drugs.

Allows the Secretary to withhold allotment payments from any State which prohibits drug testing of students by schools.

Subtitle C: Substance Abuse Services - Substance Abuse Services Amendments of 1986 - Amends title XIX (Block Grants) of the Public Health Service Act to authorize appropriations for FY 1988 through 1991 for alcohol and drug abuse and mental health services block grants. Requires the Secretary to reserve a specified portion of such appropriations for grants to States with demonstrated need for funds to conduct substance abuse treatment programs. Eliminates certain block grant earmarks.

Allows the Secretary to withhold State allotments under such title where the possession or distribution of a drug, which is illegal under the Controlled Substances Act, is legal under such States laws.

Directs the Secretary to appoint an advisory council for the National Institute on Alcohol Abuse and Alcoholism, for the National Institute on Drug Abuse, and for the National Institute of Mental Health to make recommendations to the Secretary and the Director of the national research institute for which it was appointed.

Grants the Secretary certain additional powers during public health emergencies. Requires the Secretary to report annually to specified congressional committees on actions taken during such emergencies.

Authorizes appropriations for FY 1987 for: (1) alcohol abuse and alcoholism research; and (2) drug abuse research.

Provides an exception to the confidentiality requirement regarding alcohol and drug abuse records for incidents of suspected child abuse and neglect.

Requires the Secretary to transmit triennial reports to the Congress on the causes and means of preventing teenage suicide.

Directs the Secretary to prepare public service announcements on the dangers resulting from cigarette smoking by women. Authorizes appropriations through FY 1989.

Directs the Secretary to: (1) prepare and transmit to the Congress a report which sets forth a comprehensive national plan to combat drug abuse; (2) establish a clearinghouse for alcohol and drug abuse information; and (3) conduct a study on alkyl nitrates and recommend whether they should be treated as a drug under the Food, Drug, and Cosmetic Act.

Subtitle D: Drug Interdiction and International Cooperation - Part I: Mansfield Amendment - Amends the Foreign Assistance Act of 1961 to permit any U.S. officer or employee to assist foreign law enforcement officers in making arrests or to take direct action in an arrest action in a foreign country to protect the life or safety of U.S. or foreign officers or the public.

Part II: Narcotics Traffickers Deportation Act - Amends the Immigration and Nationality Act to provide for the exclusion or deportation of any alien for possession or use of certain controlled substances.

Part III: Customs Enforcement - Customs Enforcement Act of 1986 - Subpart A: Tariff Act Amendments - Requires the master of any vessel arriving at any U.S. or Virgin Island port to report such arrival at the nearest customs facility if such vessel is: (1) from a foreign port or place; (2) a foreign vessel from a domestic port; or (3) a U.S. vessel carrying bonded merchandise or foreign merchandise for which entry has not been made.

Requires vehicles arriving in the United States to enter only at designated border crossing points. Requires the person in charge of such a vehicle to report the arrival of such vehicle, and present the vehicle and all persons and merchandise on board for inspection to the customs officer.

Requires the pilot of any aircraft arriving in the United States from any foreign airport or place to comply with the advance notification, arrival reporting, and landing requirements prescribed by the Secretary of Transportation.

Imposes penalties for violations of the arrival, reporting, or entry requirements. Increases the fine for the unauthorized unloading of passengers.

Sets forth reporting requirements for individuals arriving in the United States. Prohibits the departure of such individuals until authorized by a customs official. Imposes penalties for violations of such reporting requirements.

Repeals the current penalties for failure to report or file a manifest upon arrival in the United States.

Authorizes the issuance of summonses for records pertaining to merchandise the importation of which into the United States is prohibited.

Increases the penalties for: (1) filing a false manifest; (2) failing to file a complete manifest; or (3) carrying illegal drugs. Repeals the prepenalty procedures in such cases.

Increases the penalties for illegal unloading and transshipment.

Makes aviation smuggling unlawful. Prohibits the at sea transfer of controlled substances between U.S. owned aircraft and vessels. Prohibits the at sea transfer of prohibited merchandise between aircraft and vessels, regardless of the nationality of either, where the intent is to smuggle the merchandise into the United States. Imposes penalties, including seizure of the aircraft or vessel, for violations of such anti-smuggling provisions.

Specifies certain acts that, if engaged in within 250 miles of the U.S. territorial seas, shall be: (1) presumed to indicate intent to smuggle; and (2) deemed prima facia evidence that the aircraft or vessel was used in aiding or facilitating such smuggling.

Changes the procedures for the seizure and forfeiture of conveyances used in smuggling to require that a common carrier be seized and forfeited under certain circumstances.

Authorizes the issuance of search warrants for places suspected of containing: (1) merchandise brought into the United States unlawfully; (2) property which is subject to forfeiture under the customs laws; or (3) articles which are evidence of a customs violation.

Authorizes the seizure and forfeiture of smuggled merchandise.

Requires that any deposit made in lieu of forfeiture of property seized under customs laws be treated in the same manner as the proceeds of a sale of any forfeited item. Provides that the expenses of a forfeiture proceeding shall be a priority claim in the same manner as court costs.

Provides that compensation for informers shall not exceed 25 percent of the amount recovered. (Current law requires such compensation to equal 25 percent of such amount.)

Authorizes the Secretary to require the production of foreign landing certificates to comply with international obligations.

Permits the Secretary to authorize customs officials to exchange information or documents with foreign customs or law enforcement agencies under certain circumstances.

Allows the Secretary, when authorized by treaty or executive agreement, to station customs officers in foreign countries to examine persons or merchandise prior to their arrival in the United States. Provides that merchandise seized at a foreign station may be transported to the United States for customs proceedings. Permits the stationing of foreign customs officers in the United States (if similar privileges are extended to the United States). Establishes penalties for making fraudulent statements to such foreign officials.

Grants the Commissioner of Customs authority to conduct commercial cover operations.

Subpart B: Miscellaneous Provisions - Subjects recreational vessels to applicable customs regulations.

Allows any customs official needing assistance in making an arrest, search, or seizure, to demand such assistance from any person. Subjects any person who refuses such assistance without reasonable excuse to criminal penalties. Exempts any person who renders such assistance from liability for civil damages.

Subpart C: Amendments to the Controlled Substances Import and Export Act - Makes it unlawful for any United States citizen on board any aircraft, or any person on board any aircraft owned by a U.S. citizen or registered in the United States, to manufacture or distribute a controlled substance or possess a controlled substance with intent to distribute.

Subpart D: Amendments to the Criminal Code - Amends the Federal criminal code to establish criminal penalties for: (1) operating an aircraft without proper navigation and/or anticollision lights; (2) installing illegal fuel tanks or fuel systems aboard an aircraft except according to regulations; or (3) operating an aircraft with such a fuel tank or fuel system installation, except in accordance with regulations.

Subpart E: Denial of Trade Benefits to Uncooperative Drug Source Nations - Narcotics Control Trade Act - Directs the President to designate a country an uncooperative drug source nation if during any fiscal year beginning after September 30, 1986, such country: (1) was a source of any illicit narcotic and psychotropic drugs or other controlled substances that are significantly affecting the United States; and (2) did not cooperate with the United States in preventing such drugs and substances from affecting the United States by taking specified actions. Directs the President to report to the Congress the name of each such country.

Denies the products of each such country most-favored-nation treatment until the President notifies the Congress that such country has made significant progress and will continue to make progress in remedying those policies on which an uncooperative drug source nation designation was based.

Part IV: Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 - Maritime Drug Law Enforcement Prosecution Improvements Act of 1986 - Makes it unlawful for any person on board a vessel of the United States, or on board a vessel subject to the jurisdiction of the United States, to manufacture or distribute, or possess with intent to manufacture or distribute, a controlled substance. Subjects any property used to commit such unlawful acts to seizure and forfeiture.

Subtitle E: Anti-Drug Enforcement - Part I: Drug Penalties Enhancement Act of 1986 - Drug Penalties Enhancement Act of 1986 - Amends the Controlled Substances Act to modify the threshold quantity and kinds of controlled substances which trigger enhanced penalties. Establishes a mandatory minimum sentence of five years imprisonment (ten years for subsequent offenses) for violations involving a specified large quantity of such substances. Increases the maximum sentence to 20 years imprisonment and a fine of up to $2,000,000 (life imprisonment and $4,000,000 for subsequent offenses) for such violations. Provides a fine of up to $5,000,000 ($10,000,000 for subsequent offenses) for violations involving a person other than an individual (organization). Provides a mandatory minimum sentence of 20 years imprisonment (life imprisonment for subsequent offenses) if a death results from the use of such substances. Provides for the imposition of a special parole term of at least four years (at least eight years for subsequent offenses) in addition to the prison term for such offenses.

Increases the fines for certain Controlled Substances Act violations.

Grants the court authority to impose a sentence below the statutory minimum, upon motion of the Government, to reflect a defendant's assistance in the investigation or prosecution of another.

Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate special parole terms for violations of such Acts.

Part II: Drug Possession Penalty Act of 1986 - Drug Possession Penalty Act of 1986 - Amends the Controlled Substances Act to impose criminal penalties for illegal possession of a controlled substance.

Part III: Death Penalty and Continuing Drug Enterprise - Subpart A: Death Penalty - Amends the Federal criminal code to establish procedures to be followed for the imposition of the death penalty. Sets forth mitigating and aggravating factors to be considered in determining whether a sentence of death is justified.

Requires a special hearing to determine whether a sentence of death is justified. Allows the defendant to appeal a sentence of death to the court of appeals for review.

Limits the imposition of the death sentence for treason.

Modifies the criminal penalties for specified criminal offenses.

Provides for the imposition of the death penalty for: (1) murder by a Federal prisoner; or (2) murder during the course of a continuing criminal enterprise offense.

Subpart B: Continuing Drug Enterprise Act of 1986 - Continuing Drug Enterprise Act of 1986 - Amends the Controlled Substances Act to increase the criminal penalties for continuing criminal enterprise activities.

Part IV: Controlled Substances Import and Export Act Penalties Enhancement Act of 1986 - Controlled Substances Import and Export Act Penalties Enhancement Act of 1986 - Amends the Controlled Substances Import and Export Act to modify the quantity and kinds of controlled substances which trigger enhanced penalties. Imposes a mandatory minimum sentence of five years imprisonment (ten years for subsequent offenses) for violations involving a specified large quantity of such substances. Increases the maximum sentence to 40 years imprisonment and a fine of up to $2,000,000 (life imprisonment and a fine of up to $4,000,000 for subsequent offenses) for such violations. Provides a mandatory minimum sentence of 20 years imprisonment (life imprisonment for subsequent offenses) if a death results from the use of such substances. Provides a fine of up to $5,000,000 (up to $10,000,000 for subsequent offenses) for violations involving a person other than an individual (organization). Provides for the imposition of a special parole term of at least four years (at least eight for subsequent violations) in addition to the prison term for such violations.

Increases the penalties for certain Controlled Substances Import and Export Act violations.

Part V: Juvenile Drug Trafficking Act of 1986 - Juvenile Drug Trafficking Act of 1986 - Establishes enhanced penalties for employing persons under 21 years of age to manufacture or distribute a controlled substance.

Establishes enhanced penalties for: (1) the manufacture of a controlled substance in or near an elementary or secondary school (current law establishes such enhanced penalties only for the distribution of a controlled substance in or near such schools); and (2) the manufacture or distribution of a controlled substance in or near a college.

Part VI: Chemical Diversion and Trafficking Act of 1986 - Chemical Diversion and Trafficking Act of 1986 - Sets forth certain recordkeeping requirements for distributors, importers, and exporters of precursor and essential chemicals.

Makes it illegal to distribute, import, export, or purchase such chemicals for unlawful purposes.

Part VII: Asset Forfeiture Amendments Act of 1986 - Asset Forfeiture Amendments Act of 1986 - Permits the use of funds in the Department of Justice Assets Forfeiture Fund for necessary program related expenses and for equipping any vessels, vehicles, and aircraft available for official use by Federal Bureau of Investigation and the U.S. Marshals Service. Authorizes appropriations for such Fund through FY 1991.

Requires the forfeiture of substitute assets where, as a result of an act or ommission of the defendant, property subject to forfeiture as a result of certain crimes: (1) cannot be located; (2) has been transferred to a third party; (3) has been placed beyond the jurisdiction of the courts; (4) has been diminished in value; or (5) has been commingled with other property.

Part VIII: Exclusionary Rule Limitation Act of 1986 - Exclusionary Rule Limitation Act of 1986 - Provides a good faith exception to the exclusionary rule.

Provides a general limitation of the exclusionary rule unless specifically provided by statute or rule of procedure.

Subtitle F: Public Awareness and Private Sector Initiatives Act of 1986 - Public Awareness and Private Sector Initiatives Act of 1986 - Allows the head of an agency to procure property or services without using competitive procedures if: (1) such property or services are to be used for a public education program to publicize the dangers of illegal drug use; (2) at least 50 percent of the value of the property or services is donated; and (3) the agency procures such property or services within two years of enactment of this Act.

Title II: Pending Senate Initiatives Against Drugs - Subtitle A: Federal Drug Law Enforcement Agent Protection Act of 1986 - Federal Drug Law Enforcement Agent Protection Act of 1986 - Amends the Controlled Substances Act to authorize awards of up to $100,000 to any individual who provides original information which leads to the arrest and conviction of a person who kidnaps or kills a Federal drug law enforcement agent. Provides that the money for such rewards be taken from the forfeiture proceeds within the Department of Justice.

Subtitle B: Common Carrier Operation Under the Influence of Alcohol or Drugs - Provides criminal penalties for operating a common carrier while under the influence of alcohol or drugs.

Subtitle C: Controlled Substances Technical Amendments - Makes technical amendments to the Controlled Substances Act.

Subtitle D: Indian Juvenile Alcohol and Drug Abuse Prevention - Indian Youth Alcohol and Substance Abuse Prevention Act - Part I: Interdepartmental Agreement - Directs the Secretary of Health and Human Services to enter into an agreement with the Secretary of the Interior to coordinate specified efforts of the Bureau of Indian Affairs (Bureau) and the Indian Health Service relating to alcohol and drug abuse programs for Indian youth. Provides for the biennial review of such agreement by the Secretary of the Interior and the Secretary of Health and Human Services.

Requires the Secretary of Health and Human Services, upon a tribe's request, to coordinate resources and services related to youth alcohol and drug abuse with any Indian tribe.

Part II: Education - Requires Bureau schools and schools operated under any contract entered into with the Bureau to provide instruction on alcohol and drug abuse to students in kindergarten and grades one through 12.

Requires the Secretary of Health and Human Services to publish, on a quarterly basis, an alcohol and drug abuse newsletter and to circulate it to specified Government agencies that provide such alcohol and drug abuse-related services to Indian people.

Part III: Family and Social Services - Requires any initial training program for new community health representatives and community health aids funded under the Bureau to include not less than 40 hours of instruction in the area of alcohol and drug abuse, including instruction in crisis intervention, family relations, youth alcohol and drug abuse, and the causes and effects of fetal alcohol syndrome.

Requires the Secretary of Health and Human Services to provide instruction in alcohol and drug abuse problems to specified schools, Indian Health Service personnel, and others.

Part IV: Law Enforcement - Requires the Secretary of the Interior, in consultation with the U.S. Attorney General, to promulgate guidelines under which any tribal or Federal law enforcement officer shall place an Indian youth who has been arrested for an offense in which alcohol or drug abuse was a contributing factor in an emergency shelter, a community-based alcohol or drug abuse treatment facility, or any other medical or detention facility. Requires such guidelines to be made available to any State which exercises criminal jurisdiction over Indian country.

Requires the Secretary of Health and Human Services, with the concurrence of the Secretary of Interior, to establish standards for the licensing of temporary emergency shelters to house Indian youths who have been arrested for offenses related to alcohol or drug abuse. Requires the Bureau to prescribe standards by which such shelters shall become licensed.

Increases the maximum sentence (from six months to one year) and the maximum fine (from $500 to $5,000) which a tribal court can impose for any offense.

Directs the Secretary of the Interior to provide for the development of a Model Indian Juvenile Code. Allows the Secretary to charge any employee of the Department of the Interior with law enforcement responsibilities.

Part V: Youth Alcohol and Drug Abuse Treatment and Rehabilitation - Requires the Secretary of Health and Human Services to include in the budget submitted to the Congress a detailed estimate of the cost of providing comprehensive alcohol and drug abuse treatment services to Indian juveniles (including detoxification and counseling services, and follow-up care in Indian Health Service facilities and in facilities operated under any contract entered into with the Indian Health Service).

Requires the Secretary of Health and Human Services to complete a study to determine: (1) the size of the Indian population in need of residential alcohol and drug abuse treatment; (2) the location of facilities at which such treatment is available or could be made available; and (3) the cost of providing such treatment.

Requires the Secretary of Health and Human Services, in consultation with Indian tribes, to identify and utilize existing facilities owned by the Government or an Indian tribe, or local community or private hospitals, for use as residential alcohol and drug abuse treatment centers for Indian youths.

Part VI: Miscellaneous Provisions - Authorizes the Secretary to prescribe regulations necessary to carry out the provisions of this subtitle.

Authorizes appropriations.

Subtitle E: Controlled Substance Analogs' Enforcement Act of 1986 - Controlled Substance Analogs' Enforcement Act of 1986 - Amends the Controlled Substances Act to impose criminal penalties for the manufacture, possession with intent to distribute, or distribution of controlled substance analogs.

Subtitle F: Department of Defense Drug Interdiction - Authorizes appropriations for FY 1987 for the Department of Defense for: (1) the procurement, refurbishment, or upgrading of aircraft, radar, and related systems; (2) the operation and maintenance of aircraft used in carrying out drug interdiction missions; and (3) enhanced intelligence collection activities concerning the illegal importation of drugs from South America.

Directs the Secretary of Defense to make such aircraft, radar, and related equipment available to certain Federal agencies (who shall be responsible for their operation and maintenance).

Allows the Secretaries of Defense and Transportation to assign specially trained members of the Coast Guard to naval vessels for drug enforcement purposes.

Requires the National Drug Enforcement Policy Board to submit a report to specified congressional committees on the manner and extent to which the Department of Defense should be involved in United States law enforcement activities relating to the control and reduction of drug abuse.

Requires the Secretary of Defense to submit a report to specified congressional committees on: (1) the extent to which youth enrolled in schools operated by the Department of Defense for dependent members of the armed forces are receiving drug and substance abuse education; (2) the types of drug education programs currently being provided in such schools; (3) whether additional drug education programs are needed in such schools; and (4) the extent to which preventive peer counseling classes should be used for such programs.

Amends the Uniform Code of Military Justice to include driving under the influence of drugs as an offense.

Subtitle G: Money Laundering Crimes Act of 1986 - Money Laundering Crimes Act of 1986 - Amends the Federal criminal code to establish money laundering as a Federal offense. Sets forth fines and penalties to be imposed on anyone who, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a transaction which in fact involves such proceeds: (1) with the intent to facilitate the carrying on of specified unlawful activity; or (2) knowing that the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of such proceeds, or to avoid a transaction reporting requirement under State or Federal law.

Sets forth fines and penalties to be imposed upon anyone who: (1) transports or attempts to transport a monetary instrument or funds from a place in the United States to or through a place outside the United States, or vice versa, with similar intent or knowledge; or (2) conducts or attempts to conduct a financial transaction that in whole or in part involves the proceeds of specified unlawful activities with intent to violate or facilitate the violation of certain provisions of the Internal Revenue Code.

Provides, for each of such offenses, for a fine of not more than $250,000 or twice the value of the monetary instrument, whichever is greater, or imprisonment for not more than 20 years, or both. Imposes a civil penalty of the greater of the value of the funds or the monetary instrument involved or $10,000.

Authorizes components of the Department of Justice, the Department of the Treasury, and the U.S. Postal Service to investigate such offenses, as appropriate.

Establishes extraterritorial jurisdiction if certain conditions are met.

Amends the Right to Financial Privacy Act of 1978 with respect to the permissible notification of the Federal Government by a financial institution that the institution has information which may be relevant to a possible violation of law or regulation. Restricts such information to the name or names and other identifying information concerning the individuals and accounts involved in and the nature of the suspected illegal activity. Preempts any State or local law which prohibits disclosure of such information. Precludes liability under any law for an institution for such a disclosure or for failing to notify the customer of such disclosure. Grants a district court authority to order the institution to delay notifying a customer of the existence of a grand jury subpoena of financial records or of information furnished to the grand jury.

Authorizes the Secretary of the Treasury to: (1) subpoena witnesses; and (2) require the production of records of domestic financial institutions.

Increases the civil penalties for violations of the Bank Secrecy Act's reporting rules. Provides in the case of a reporting violation for a maximum penalty of $1,000,000 and a minimum of $25,000. Imposes a civil penalty for the criminal violation of such rules, in the amount of the transaction or $25,000, whichever is greater, where the violation involves a transaction. Sets a civil penalty of the entire amount of an account (up to $250,000), or $25,000, whichever is greater, where the violation involves failure to report the existence of an account or any required identifying data pertaining to it. Imposes a civil penalty of not more than $500 in the case of a negligent violation.

Authorizes the Secretary to assess a civil penalty within six years after the transaction on which the penalty is based. Permits the Secretary to bring a civil action to recover a civil penalty within two years after assessment.

Lists money laundering as a predicate offense for purposes of the Racketeer Influenced and Corrupt Organizations (RICO) statute. Authorizes wiretapping for the investigation of money laundering.

Amends the Federal Deposit Insurance Act to authorize the Secretary to prescribe recordkeeping regulations. Imposes penalties for violations of such regulations.

Establishes civil and criminal forfeiture procedures for the offense of money laundering.

Title III: New Initiatives Against Drugs - Subtitle A: White House Conference on Drug Abuse, Education, Prevention, and Treatment - White House Conference on Drug Abuse, Education, Prevention, and Treatment Act of 1986 - Directs the President to call a White House Conference on Drug Abuse, Education, Prevention, and Treatment to examine the drug abuse crisis.

Requires the Conference to report its findings and recommendations to the President and the Congress.

Authorizes appropriations.

Subtitle B: Commerce - Part I: Railroad Safety - Directs the Secretary of Transportation to review existing rules, regulations, standards, and orders governing alcohol and drug use in railroad operations to determine whether they are adequate to ensure safety.

Part II: Air Safety - Directs the Administrator of the Federal Aviation Administration to prescribe regulations establishing a program which requires air carriers to conduct pre-employment, random, and post-accident drug testing of airmen and crewmembers.

Requires each air carrier to establish and maintain a rehabilitation program which provides for the identification and treatment of airmen and crewmembers who need assistance in resolving problems with controlled substances or alcohol.

Amends the Federal Aviation Act of 1958 to impose criminal penalties (a fine of up to $25,000 and/or imprisonment for up to five years) for certain violations in connection with the air transportation of controlled substances.

Requires any person having an ownership interest in an aircraft to report any transfer of ownership within 15 days.

Part III: Communications - Requires the Federal Communications Commission to: (1) seize any communications equipment that was used for distributing a controlled substance; and (2) revoke the license of any person who used such license for the purpose of using or distributing a controlled substance.

Part IV: Highway Safety - Subpart A: Commercial Motor Vehicle Safety Act of 1986 - Commercial Motor Vehicle Safety Act of 1986 - Requires the Secretary of Transportation (the Secretary) to promulgate regulations establishing minimum Federal standards for the licensing, testing, qualifications and classifications of commercial motor vehicle operators, and additional regulations for such operators who transport hazardous materials. Sets guidelines for such standards. Establishes guidelines for civil and criminal penalties to be imposed by the States for violations of such standards. Prohibits commercial motor vehicle operators from possessing more than one operator's license.

Sets September 1, 1989, as the deadline by which each State must adopt and administer a classified licensing program which complies with the minimum Federal standards for commercial motor vehicle operators.

Requires the States to notify the Secretary of the proposed and actual issuance of a commercial license in order to eliminate the multiple licensing of commercial motor vehicle operators. Restricts the issuance of commercial licenses to persons with acceptable safety records. Provides that States must require commercial operators to turn in other commercial licenses.

Provides Federal grants to assist States which have programs for license issuance and administration that comply with the Federal guidelines established under this Act.

Requires the Secretary to: (1) withhold highway funds and certain apportionments from States which are not in compliance with this Act as of September 30, 1990: and (2) establish by January 1, 1989, a commercial driver's license information clearinghouse allowing rapid communication among the States. Outlines the functions of such information system. Requires any prospective employer to consult such clearinghouse prior to employing a commercial motor vehicle operator in order to ascertain his or her status. Prohibits the employment of drivers whose licenses have been suspended, revoked or cancelled for cause. Requires the Secretary to establish fees for the use of such information system. Makes funds available for FY 1987 to establish such information system.

Amends the Surface Transportation Assistance Act of 1982 to require States receiving grants under the Act to: (1) conduct frequent roadside inspections of commercial motor vehicles; (2) conduct tests to determine blood alcohol content levels of commercial motor vehicle operators; and (3) provide for license suspension or revocation for operators who either have certain blood alcohol content levels, or who refuse to submit to blood alcohol content tests. Authorizes the Secretary to provide funds to encourage the States to determine whether commercial motor vehicle operators are driving under the influence of a controlled substance.

Increases authorizations for FY 1987 and 1988 for grants to assist States in the implementation of Federal commercial motor vehicle programs. Authorizes appropriations for FY 1989 and 1990 for such programs.

Subpart B: Motor Vehicle Safety - Expresses the sense of the Senate that the States should enact laws and adopt procedures which provide for the administration of tests which measure the content of controlled substances in the blood of any motor vehicle operator and provide for suspension or revocation of the license of an operator who refuses to submit to such testing.

Subtitle C: Harmful Inhalants - Amends the Federal criminal code to make the sale of harmful inhalants illegal.

Subtitle D: Action Grants - Amends the Domestic Volunteer Act of 1973 to authorize grants (and other special initiatives) to increase voluntarism in preventing drug abuse.

Authorizes appropriations for FY 1987 through 1989.

Subtitle E: Habeas Corpus Reform - Reform of Federal Intervention in State Proceedings Act of 1985 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence.

Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners.

Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.

Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies.

Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.

Subtitle F: Armed Career Criminals - Amends title VII (Unlawful Possession or Receipt of Firearms) of the Omnibus Crime Control and Safe Streets Act of 1968 to expand the firearms-related crimes for which persons with multiple convictions may receive increased penalties to include serious drug offenses and crimes of violence. (Previous law provided increased penalties for robbery and burglary only.)

Subtitle G: Prohibition on the Interstate Sale and Transportation of Drug Paraphernalia - Mail Order Drug Paraphernalia Control Act - Makes it a Federal criminal offense for any person to use the U.S. Postal Service or any private parcel service in interstate commerce as part of a scheme to sell drug paraphernalia.

Imposes a penalty of imprisonment for not more than three years and a fine of not more than $100,000. Provides for the seizure and forfeiture of any paraphernalia involved in violation of this Act.

Subtitle H: International Narcotics Control - Part I: Interagency Coordinating Committee - Establishes an Inter-Agency Coordinating Committee for Drug-Related Intelligence Collection and Action to coordinate the drug related activities of the intelligence components of specified Federal departments and agencies. Requires the Director of Central Intelligence to report annually to specified congressional committees on such activities.

Part II: Declaration; Policy - Declares that drugs are a national security problem and urges the President to explore the possibility of engaging the North Atlantic Treaty Organization (NATO), and other such organizations, in cooperative drug programs.

Part III: Report - Requires the President to prepare an annual report for the Congress listing each country: (1) which encourages or facilitates the production or distribution of illegal drugs; (2) in which a member of a U.S. Government agency has suffered or been threatened with violence, inflicted by or with the complicity of an official of such country; or (3) which fails to provide reasonable cooperation with lawful activities of U.S. drug enforcement agents.

Part IV: International Narcotics Control Act of 1986 - International Narcotics Control Act of 1986 - Subpart A: International Narcotics Control Assistance Program - Amends the Foreign Assistance Act of 1961 to increase the FY 1987 authorization for aid for international narcotics control. Permits certain additional funds to be appropriated for FY 1987 only if the President has submitted to the Congress: (1) a budget request for such funds; and (2) a plan showing how such funds will be used.

Requires that a specified amount of FY 1987 military assistance authorization be available to provide aircraft to foreign countries for narcotics control eradication and interdiction efforts. States that such aircraft shall be available primarily for use in Latin America. Provides that any such aircraft made available to Mexico shall be provided only on a lease or loan basis.

Earmarks a specified amount of the FY 1987 international narcotics control assistance for research, development, and testing of safe and effective herbicides for use in aerial eradication of coca.

Requires the Comptroller General to investigate and report to the Congress on the effectiveness of the international narcotics control assistance program.

Subpart B: Improving Law Enforcement and Other Narcotics Control Activities Abroad - Requires the President's annual report to the Congress on the international strategy to prevent cultivation and trafficking in narcotics to include a discussion of the extent to which each source country has cooperated with U.S. narcotics control efforts through the extradition or prosecution of drug traffickers and a description of the state of negotations on updated extradition treaties.

Requires the executive branch to establish expeditiously the information sharing system that will list all drug arrests of foreign nationals in the United States as required by the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987. Requires the executive branch to report to the Congress when the system is established.

Requires the President to direct that an updated threat assessment of narcotics trafficking from Africa be prepared.

Requires that a specified amount of the FY 1987 administration of justice program authorization be used to provide Colombia (and other countries in the region) assistance to protect judicial or other officials who are targets of narcoterrorist attacks.

Allows the President to suspend foreign assistance to a country which has failed to take adequate steps to prevent money laundering and punish money launderers.

Amends the International Security and Development Cooperation Act of 1985 to permit foreign assistance to Bolivia when certain conditions are met.

Directs the President to report to specified congressional committees on a plan to do aerial and other surveys of major illicit drug producing countries.

Requires the Secretary of the Treasury to instruct each U.S. Executive Director to multilateral development banks to vote against any loan for the benefit of any major illicit drug producing country.

Subpart C: Drug Education Programs Abroad - Authorizes additional appropriations for the U.S. Information Agency for FY 1987 which shall be available only for increasing drug education programs abroad.

Authorizes additional appropriations for development assistance programs for FY 1987 which shall be used for additional activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries.

Requires the Director of the U.S. Information Agency and the Director of the Agency for International Development to include in their annual reports to the Congress a description of the drug education programs carried out by their respective agencies.

Subtitle J: Anti-Drug Trust Fund - Amends the Internal Revenue Code of 1954 to allow any individual to designate any amount of tax overpayment and to make contributions to the Anti-Drug Trust Fund. Establishes the Anti-Drug Trust Fund.

Subtitle K: Freedom of Information Act - Amends the Freedom of Information Act to provide certain Freedom of Information request exceptions for specified law enforcement records and information.

Subtitle L: National Forest System Drug Control - Grants officers and employees of the Forest Service of the Department of Agriculture authority to conduct investigations and make arrests for violations relating to the National Forest System. Allows the Secretary of Agriculture to grant such officers and employees certain law enforcement powers (including the right to carry firearms).

Amends the Controlled Substances Act to impose criminal penalties for: (1) possessing a firearm while manufacturing a controlled substance on Federal property; and (2) placing a boobytrap on Federal property where a controlled substance is being manufactured.

Authorizes appropriations.

Subtitle M: Authorization of Appropriations for Drug Law Enforcement - Authorizes additional appropriations for FY 1987 for the Department of Justice for: (1) the Drug Enforcement Administration (including an All Source Intelligence Center); (2) the Federal Prison System; (3) Defender Services; (4) fees and expenses of jurors and commissioners; and (5) the Office of Justice Assistance.

Subtitle N: Controlled Substances Production Control - Amends the Food Security Act of 1985 to make any person convicted of planting, storing, harvesting, or growing a controlled substance ineligible for price supports or other program benefits for ten (rather than five) years.

Directs the Secretary to pay a reward for information leading to the conviction of any person who receives such supports or benefits and is subsequently determined to be ineligible for such supports or benefits.

Subtitle O: State and Local Narcotics Control Assistance - State and Local Law Enforcement Assistance Act of 1986 - Authorizes the Attorney General to make grants to State and local law enforcement agencies for narcotics assistance.

Subtitle P: Study on the Use of Existing Federal Buildings as Prisons - Directs the Administrator of General Services and the Secretary of Defense to conduct a study to identify any Federal building which could be used as a prison by the Federal Bureau of Prisons. Requires the Administrator and the Secretary to transmit the results of such study to the President and the Congress.

Subtitle Q: Drug Law Enforcement Cooperation Study - Directs the National Drug Enforcement Policy Board to study Federal drug law enforcement efforts and make recommendations regarding: (1) improving the Nation's drug interdiction program; and (2) ways to maximize coordination and cooperation among Federal, State, and local drug enforcement agencies, and between the several Federal agencies involved with drug interdiction.

Subtitle R: Drug Interdiction - Permits the use of Department of Defense personnel outside of the United States in drug interdiction activities.

Authorizes appropriations for FY 1987 for the Customs Service, the Attorney General, the Coast Guard, and other agencies for drug interdiction activities along the southern border of the United States.

Subtitle S: Arrest Authority for INS Officers - Amends the Immigration and Nationality Act to grant Immigration and Nationality Service (INS) officers general arrest authority (including the right to carry a firearm).

Subtitle T: Improved Drug Crime Reporting - Requires the Bureau of Justice statistics to compile and publish comprehensive data on drug trafficking and abuse.

Authorizes appropriations for FY 1987.