EFFECTIVE
DATE
Section 704 of
title II of Pub. L. 91-513 provided that:
''(a) Except
as otherwise provided in this section, this title (see
Short Title note below) shall become effective on the first day
of the seventh calendar month that begins after the day immediately
preceding the date of enactment (Oct. 27, 1970).
''(b) Parts A, B, E, and F
of this title (Parts A, B, E, and F of this subchapter), section 702
(set out as a note under section 321 of this title), this section, and
sections 705 through 709 (sections 901 to 904
of this title and note set out below), shall become effective upon enactment
(Oct. 27, 1970).
''(c) Sections 305 (relating
to labels and labeling) (section 825 of this title),
and 306 (relating to manufacturing quotas) (section 826
of this title) shall become effective on the date specified in subsection
(a) of this section, except that the Attorney General may by order published
in the Federal Register postpone the effective date of either or both
of these sections for such period as he may determine to be necessary
for the efficient administration of this title (see Short Title note
below).''
SHORT TITLE
OF 2000 AMENDMENTS
Pub. L. 106-310, div. B,
title XXXV, Sec. 3501, Oct. 17, 2000, 114 Stat. 1222, provided that:
''This title (amending sections 823 and 824
of this title) may be cited as the 'Drug Addiction Treatment Act of
2000'.''
Pub. L. 106-310, div. B,
title XXXVI, Sec. 3601, Oct. 17, 2000, 114 Stat. 1227, provided that:
''This title (enacting section 864 of this title
and sections 290aa-5b and 290bb-9 of Title 42, The Public Health and
Welfare, amending sections 802, 830,
853, 856, and 863
of this title, sections 3663 and 3663A of Title 18, Crimes and Criminal
Procedure, section 524 of Title 28, Judiciary and Judicial Procedure,
and sections 285o-2 and 3751 of Title 42, and enacting provisions set
out as notes under this section and sections 802,
872, 873, 886,
and 1706 of this title, sections 524 and 994 of Title 28, and sections
201, 290aa-4, 290aa-5b and 3751 of Title 42) may be cited as the 'Methamphetamine
Anti-Proliferation Act of 2000'.''
Pub. L. 106-172, Sec. 1,
Feb. 18, 2000, 114 Stat. 7, provided that: ''This Act (amending sections
802, 827, 841
and 960 of this title and enacting provisions
set out as notes under this section and section 812
of this title) may be cited as the 'Hillory J. Farias and Samantha Reid
Date-Rape Drug Prohibition Act of 2000'.''
SHORT TITLE
OF 1998 AMENDMENT
Pub. L. 105-277, div. C,
title VIII, Sec. 801(a), Oct. 21, 1998, 112 Stat. 2681-693, provided
that: ''This title (enacting section 1713 of this title and section
2291-5 of Title 22, Foreign Relations and Intercourse, amending section
956 of this title, and enacting provisions set
out as notes under sections 801 and 956
of this title and section 2291 of Title 22) may be cited as the 'Western
Hemisphere Drug Elimination Act'.''
Pub. L. 105-277, div. C,
title VIII, subtitle G (Sec. 871, 872), Sec. 871, Oct. 21, 1998, 112
Stat. 2681-707, and Pub. L. 105-357, Sec. 1, Nov. 10, 1998, 112 Stat.
3271, provided that such subtitle and such Act, which amended section
956 of this title and enacted provisions set out
as notes under section 956 of this title ''may
be cited as the 'Controlled Substances Trafficking Prohibition Act'.''
Pub. L. 105-277, div. E,
Sec. 1, Oct. 21, 1998, 112 Stat. 2681-759, provided that: ''This division
(amending sections 841 and 960
of this title and section 13705 of Title 42, The Public Health and Welfare)
may be cited as the Methamphetamine Trafficking Penalty Enhancement
Act of 1998'.''
SHORT TITLE
OF 1996 AMENDMENTS
Pub. L. 104-305,
Sec. 1, Oct. 13, 1996, 110 Stat. 3807, provided that: ''This Act (amending
sections 841, 844, 959,
and 960 of this title and enacting provisions
set out as notes under section 872 of this title
and section 994 of Title 28, Judiciary and Judicial Procedure) may be
cited as the 'Drug-Induced Rape Prevention and Punishment Act of 1996'.''
Pub. L. 104-237, Sec. 1(a),
Oct. 3, 1996, 110 Stat. 3099, provided that: ''This Act (enacting section
872a of this title,amending sections 802,
814, 830, 841
to 844, 853, 881,
959, and 960 of this title
and section 1607 of Title 19, Customs Duties, and enacting provisions
set out as notes under this section and sections 802,
872, and 971 of this title,
section 994 of Title 28, Judiciary and Judicial Procedure, and section
290aa-4 of Title 42, The Public Health and Welfare) may be cited as
the 'Comprehensive Methamphetamine Control Act of 1996'.''
SHORT TITLE
OF 1994 AMENDMENT
Pub. L. 103-322, title XVIII,
Sec. 180201(a), Sept. 13, 1994, 108 Stat. 2046, provided that: ''This
section (enacting section 849 of this title, amending
section 841 of this title, and enacting provisions
set out as a note under section 994 of Title 28, Judiciary and Judicial
Procedure) may be cited as the 'Drug Free Truck Stop Act'.''
SHORT TITLE
OF 1993 AMENDMENT
Pub. L. 103-200, Sec. 1,
Dec. 17, 1993, 107 Stat. 2333, provided that:
''This Act (enacting section 814 of this title,
amending sections 802,
821 to 824, 830,
843, 880, 957,
958, 960, and 971
of this title, and enacting
provisions set out as a note under section 802
of this title) may be cited as the 'Domestic Chemical Diversion Control
Act of 1993'.''
SHORT TITLE
OF 1990 AMENDMENT
Pub. L. 101-647, title XIX,
Sec. 1901, Nov. 29, 1990, 104 Stat. 4851,
provided that: ''This Act (probably means title XIX of Pub. L.
101-647, which amended sections 333, 802, 812,
and 844 of this title
and section 290aa-6 of Title 42, The Public Health and Welfare,
repealed section 333a of this title, and enacted provisions
set out as notes under sections 802 and 829
of this title) may be
cited as the 'Anabolic Steroids Control Act of 1990'.''
SHORT TITLE
OF 1988 AMENDMENT
Pub. L. 100-690, title VI,
Sec. 6001, Nov. 18, 1988, 102 Stat. 4312, provided that: ''This title
(see Tables for classification) may
be cited as the 'Anti-Drug Abuse Amendments Act of 1988'.''
Pub. L. 100-690, title VI,
Sec. 6051, Nov. 18, 1988, 102 Stat. 4312, provided that: ''This subtitle
(subtitle A (Sec. 6051-6061) of title VI of Pub. L. 100-690, enacting
section 971 of this title, amending sections 802,
830, 841 to 843,
872, 876, 881,
960, and 961 of this title,
and enacting provisions set out as notes under sections 802
and 971 of this title) may be cited as the 'Chemical
Diversion and Trafficking Act of 1988'.''
Pub. L. 100-690, title VI,
Sec. 6071, Nov. 18, 1988, 102 Stat. 4320, provided that: ''This subtitle
(subtitle B (Sec. 6071-6080) of
title VI of Pub. L. 100-690, enacting sections 881-1,
887, and 1509
of this title, amending section 881 of this title,
section 1594 of Title
19, Customs Duties, section 524 of Title 28, Judiciary
and Judicial Procedure, and section 782 of former Title 49,
Transportation, and enacting provisions set out as notes under section
881 of this title) may be cited as the 'Asset
Forfeiture Amendments
Act of 1988'.''
SHORT TITLE
OF 1986 AMENDMENT
Pub. L. 99-570, Sec. 1, Oct.
27, 1986, 100 Stat. 3207, provided that:
''This Act (see Tables for classification) may be cited as the
'Anti-Drug Abuse Act of 1986'.''
Pub. L. 99-570, title I,
Sec. 1001, Oct. 27, 1986, 100 Stat. 3207-2,
provided that: ''This subtitle (subtitle A (Sec. 1001-1009) of
title I of Pub. L. 99-570, amending sections 802,
841, 845, 845a,
848, 881, 960,
and 962 of this title, sections 3553 and 3583
of Title 18, Crimes
and Criminal Procedure, rule 35 of the Federal Rules
of Criminal Procedure, Title 18, Appendix, and section 994 of Title
28, Judiciary and Judicial Procedure, and enacting provisions set
out as notes under section 841 of this title,
sections 3553 and 3583
of Title 18, and rule 35 of the Federal Rules of Criminal Procedure)
may be cited as the 'Narcotics Penalties and Enforcement Act
of 1986'.''
Pub. L. 99-570, title I,
Sec. 1051, Oct. 27, 1986, 100 Stat. 3207-8,
provided that: ''This subtitle (subtitle B (Sec. 1051, 1052)
of title I of Pub. L. 99-570, amending section 844
of this title) may be
cited as the 'Drug Possession Penalty Act of 1986'.''
Pub. L. 99-570, title I,
Sec. 1101, Oct. 27, 1986, 100 Stat. 3207-10,
provided that: ''This subtitle (subtitle C (Sec. 1101-1105)
of title I of Pub. L. 99-570, enacting section 845b of this
title and amending sections 841, 845,
and 845a of this title) may
be cited as the 'Juvenile Drug Trafficking Act of 1986'.''
Pub. L. 99-570, title I,
Sec. 1201, Oct. 27, 1986, 100 Stat. 3207-13,
provided that: ''This subtitle (subtitle E (Sec.1201-1204)
of title I of Pub. L. 99-570, enacting section 813
of this title and amending
section 802 of this title) may be cited as the
'Controlled Substance Analogue Enforcement Act of 1986'.''
Pub. L. 99-570, title I,
Sec. 1251, Oct. 27, 1986, 100 Stat. 3207-14,
provided that: ''This subtitle (subtitle F (Sec. 1251-1253)
of title I of Pub. L. 99-570, amending section 848
of this title) may be
cited as the 'Continuing Drug Enterprises Act of 1986'.''
Pub. L. 99-570, title I,
Sec. 1301, Oct. 27, 1986, 100 Stat. 3207-15, provided that: ''This subtitle
(subtitle G (Sec. 1301, 1302) of title I of Pub. L. 99-570, amending
section 960 of this title)
may be cited as the 'Controlled Substances Import and Export Penalties
Enhancement Act of 1986'.''
Pub. L. 99-570, title I,
Sec. 1821, Oct. 27, 1986, 100 Stat. 3207-51,
which provided that subtitle O (Sec. 1821-1823) of title I of
Pub. L. 99-570, enacting section 857 of this title
and provisions set out
as a note under section 857 of this title, was
to be cited as the ''Mail
Order Drug Paraphernalia Control Act'', was
repealed by Pub. L. 101-647, title XXIV, Sec. 2401(d), Nov. 29, 1990,
104 Stat. 4859.
Pub. L. 99-570, title I,
Sec. 1991, Oct. 27, 1986, 100 Stat. 3207-59, provided that: ''This subtitle
(subtitle U (Sec. 1991, 1992) of title I of Pub. L. 99-570, amending
section 881 of this title)
may be cited as the 'Federal Drug Law Enforcement Agent Protection
Act of 1986'.''
SHORT TITLE
OF 1984 AMENDMENT
Pub. L. 98-473, title II,
Sec. 501, Oct. 12, 1984, 98 Stat. 2068, provided
that: ''This chapter (chapter V (Sec. 501-525) of title II of
Pub. L. 98-473, enacting section 845a of this title, amending sections
802, 811, 812,
822-824, 827,
841, 843, 845,
873, 881, 952,
953,
957, 958, 960,
and 962 of this title, and enacting provisions
set out as a note under
this section) may be cited as the 'Controlled
Substances Penalties Amendments Act of 1984'.''
Pub. L. 98-473, title II,
Sec. 506(a), Oct. 12, 1984, 98 Stat. 2070,
provided that: ''This part (part B of chapter V (Sec.506-525)
of title II of Pub. L. 98-473, amending sections 802,
811, 812, 822-824,
827, 843, 873,
881, 952, 953,
957, and 958 of this title)
may be cited as the 'Dangerous Drug Diversion Control Act of 1984'.''
SHORT TITLE
OF 1978 AMENDMENT
Pub. L. 95-633, Sec. 1, Nov.
10, 1978, 92 Stat. 3768, provided: ''That
this Act (enacting sections 801a, 830,
and 852 of this title,
amending sections 352, 802, 811,
812, 823, 827,
841 to 843, 872,
881, 952, 953,
and 965 of this title and section 242a of Title
42, The Public Health
and Welfare, repealing section 830 of this title
(effective Jan. 1, 1981), and enacting provisions set out as notes
under sections 801a, 812,
and 830 of this title) may be cited as
the 'Psychotropic Substances Act of 1978'.''
SHORT TITLE
OF 1974 AMENDMENT
Pub. L. 93-281, Sec. 1, May
14, 1974, 88 Stat. 124, provided: ''That
this Act (amending sections 802, 823,
824, and 827 of this title)
may be cited as the 'Narcotic Addict Treatment Act of 1974'.''
SHORT TITLE
Pub. L. 91-513, in the provisions
preceding section 1 immediately following
the enacting clause, provided: ''That this Act (enacting this
chapter and sections 257a, 2688l-1, 2688n-1, and 3509 of Title 42,
The Public Health and Welfare, amending sections 162, 198a, 321,
331, 333, 334, 360, 372, and 381 of this title, sections 1114, 1952,
and 4251 of Title 18, Crimes and Criminal Procedure, sections 1584,
2078, 2079, and 2080 of Title 19, Customs Duties, sections 4901,
4905, 6808, 7012, 7103, 7326, 7607, 7609, 7641, 7651, and 7655
of Title 26, Internal Revenue Code, section 2901 of Title 28, Judiciary
and Judicial Procedure, section 304m of Title 40, Public Buildings,
Property, and Works, sections 201, 225a, 242, 242a, 246, 257,
258, 259, 260, 261, 261a, 2688k, 2688l, 2688m, 2688n, 2688o, 2688r,
and 3411 of Title 42, The Public Health and Welfare, section 239a
of former Title 46, Shipping, and section 787 of Title 49, Appendix,
Transportation, repealing sections 171 to 174, 176 to 185,
188 to 188n, 191 to 193, 197, 198, 199, 360a, and 501 to 517of
this title, sections 1401 to 1407 and 3616 of Title 18, sections 4701
to 4707, 4711 to 4716, 4721 to 4726, 4731 to 4736, 4741 to 4746,
4751 to 4757, 4761, 4762, 4771 to 4776, 7237, 7238, and 7491 of
Title 26, sections 529a and 529g of former Title 31, Money and Finance,
and section 1421m of Title 48, Territories and Insular Possessions,
and enacting provisions set out as notes under this section
and sections 171, 321, 822, 951,
and 957 of this title) may be
cited as the 'Comprehensive Drug Abuse Prevention and Control Act
of 1970'.''
Section 100 of title II of
Pub. L. 91-513 provided that: ''This title (enacting this subchapter,
repealing section 360a of thistitle, amending sections 321, 331, 333,
334, 360, 372, and 381 of this title, sections 1114 and 1952 of Title
18, Crimes and Criminal Procedure, and section 242 of Title 42, The
Public Health and Welfare, and enacting provisions set out as notes
under this section and sections 321 and 822 of
this title) may be cited as the 'Controlled Substances Act'.''For short
title and complete classification of title III of Pub.
L. 91-513, which enacted
subchapter II of this chapter, as the ''Controlled
Substances Import and Export Act'', see section 1000 of
Pub. L. 91-513, set out as a note under section 951
of this title.
SEVERABILITY
Pub. L. 106-310, div. B,
title XXXVI, Sec. 3673, Oct. 17, 2000, 114
Stat. 1246, provided that: ''Any provision of this title (see Short
Title of 2000 Amendments note above) held to be invalid or unenforceable
by its terms, or as applied to any person or circumstance,
shall be construed as to give the maximum effect permitted
by law, unless such provision is held to be utterly invalid
or unenforceable, in which event such provision shall be severed
from this title and shall not affect the applicability of the
remainder of this title, or of such provision, to other persons not
similarly situated or to other, dissimilar circumstances.''
CONTINUATION
OF ORDERS, RULES, AND REGULATIONS
Section 705 of title II of
Pub. L. 91-513 provided that: ''Any orders,
rules, and regulations which have been promulgated under any
law affected by this title (see Short Title note above) and which
are in effect on the day preceding enactment of this title (Oct.
27, 1970) shall continue in effect until modified, superseded,
or repealed.''
ANTI-DRUG
MESSAGES ON FEDERAL GOVERNMENT INTERNET SITES
Pub. L. 106-391, title III,
Sec. 320, Oct. 30, 2000, 114 Stat. 1597,
provided that: ''Not later than 90 days after the date of the enactment
of this Act (Oct. 30, 2000), the Administrator (of the National
Aeronautics and Space Administration), in consultation with
the Director of the Office of National Drug Control Policy, shall
place anti-drug messages on Internet sites controlled by the National
Aeronautics and Space Administration.''
Pub. L. 106-310, div. B,
title XXXVI, Sec. 3671, Oct. 17, 2000, 114
Stat. 1245, provided that: ''Not later than 90 days after the date
of the enactment of this Act (Oct. 17, 2000), the head of each department,
agency, and establishment of the Federal Government shall,
in consultation with the Director of the Office of National Drug
Control Policy, place antidrug messages on appropriate Internet
websites controlled by such department, agency, or establishment
which messages shall, where appropriate, contain an electronic
hyperlink to the Internet website, if any, of the Office.''
PROTOCOLS
FOR INVESTIGATIONS AND PROSECUTIONS RELATING TO DATE-RAPE DRUGS
AND OTHER CONTROLLED SUBSTANCES; ANNUAL REPORT; NATIONAL AWARENESS CAMPAIGN
Pub. L. 106-172, Sec. 6,
7, Feb. 18, 2000, 114 Stat. 11, provided that:
''SEC. 6. DEVELOPMENT
OF MODEL PROTOCOLS, TRAINING MATERIALS, FORENSIC
FIELD TESTS, AND COORDINATION MECHANISM FOR INVESTIGATIONS
AND PROSECUTIONS RELATING TO GAMMA HYDROXYBUTYRIC
ACID, OTHER CONTROLLED SUBSTANCES, AND DESIGNER DRUGS.
''(a) In General. - The Attorney
General, in consultation with the
Administrator of the Drug Enforcement Administration and the Director
of the Federal Bureau of Investigation, shall -
''(1) develop -
''(A) model protocols
for the collection of toxicology specimens and the taking of victim
statements in connection with
investigations into and prosecutions related to possible violations
of the Controlled Substances Act (21 U.S.C. 801
et seq.) or other
Federal or State laws that result in or contribute
to rape, other crimes of violence, or other crimes involving
abuse of gamma hydroxybutyric acid, other controlled substances,
or so-called 'designer drugs'; and
''(B) model training materials
for law enforcement personnel involved
in such investigations; and ''(2)
make such protocols and training materials available to Federal,
State, and local personnel responsible for such investigations.
''(b) Grant. -
''(1) In general. - The
Attorney General shall make a grant, in such
amount and to such public or private person or entity as the Attorney
General considers appropriate, for the development of forensic
field tests to assist law enforcement officials in detecting
the presence of gamma hydroxybutyric acid and related substances.
''(2) Authorization of
appropriations. - There are authorized to
be appropriated such sums as may be necessary to carry out this
subsection.
''(c) Report. - Not later
than 180 days after the date of the enactment of this Act (Feb. 18,
2000), the Attorney General shall submit to the Committees on the Judiciary
of the Senate and House of Representatives a report on current mechanisms
for coordinating Federal, State, and local investigations into and prosecutions
related to possible violations of the Controlled Substances Act (21
U.S.C. 801 et seq.) or other Federal or State
laws that result in or contribute to rape, other crimes of violence,
or other crimes involving the abuse of gamma hydroxybutyric acid, other
controlled substances, or so-called 'designer drugs'. The report shall
also include recommendations for the improvement of such mechanisms.
''SEC. 7.
ANNUAL REPORT REGARDING DATE-RAPE DRUGS; NATIONAL AWARENESS
CAMPAIGN.
''(a) Annual Report. - The
Secretary of Health and Human Services (in
this section referred to as the 'Secretary') shall periodically submit
to Congress reports each of which provides an estimate of the
number of incidents of the abuse of date-rape drugs (as defined in
subsection (c)) that occurred during the most recent 1-year period
for which data are available. The first such report shall be
submitted not later than January 15, 2000, and subsequent reports
shall be submitted annually thereafter.
''(b) National Awareness
Campaign. -
''(1) Development of plan;
recommendations of advisory committee.
-
''(A) In general. - The
Secretary, in consultation with the Attorney
General, shall develop a plan for carrying out a national
campaign to educate individuals described in subparagraph
(B) on the following:
''(i) The dangers of
date-rape drugs.
''(ii) The applicability
of the Controlled Substances Act (21
U.S.C. 801 et seq.) to such drugs, including
penalties under
such Act.
''(iii) Recognizing
the symptoms that indicate an individual
may be a victim of such drugs, including symptoms with
respect to sexual assault.
''(iv) Appropriately
responding when an individual has such symptoms.
''(B) Intended population.
- The individuals referred to in subparagraph
(A) are young adults, youths, law enforcement personnel,
educators, school nurses, counselors of rape victims,
and emergency room personnel in hospitals.
''(C) Advisory committee.
- Not later than 180 days after the date of the enactment of this
Act (Feb. 18, 2000), the Secretary shall establish an advisory committee
to make recommendations to the Secretary regarding the plan under
subparagraph (A). The committee shall be composed of individuals
who collectively possess expertise on the effects of
date-rape drugs and on detecting and controlling the drugs.
''(2) Implementation of
plan. - Not later than 180 days after the
date on which the advisory committee under paragraph (1) is established,
the Secretary, in consultation with the Attorney General,
shall commence carrying out the national campaign under such
paragraph in accordance with the plan developed under such paragraph.
The campaign may be carried out directly by the Secretary
and through grants and contracts.
''(3) Evaluation by general
accounting office. - Not later than 2
years after the date on which the national campaign under paragraph
(1) is commenced, the Comptroller General of the United States
shall submit to Congress an evaluation of the effects with respect
to date-rape drugs of the national campaign.
''(c) Definition. - For purposes
of this section, the term 'date-rape
drugs' means gamma hydroxybutyric acid and its salts, isomers,
and salts of isomers and such other drugs or substances as the
Secretary, after consultation with the Attorney General, determines
to be appropriate.''
CONGRESSIONAL
FINDINGS REGARDING METHAMPHETAMINE MANUFACTURE AND ABUSE
Pub. L. 104-237, Sec. 2,
Oct. 3, 1996, 110 Stat. 3100, provided that:
''The Congress finds the following:
''(1) Methamphetamine is
a very dangerous and harmful drug. It is
highly addictive and is associated with permanent brain damage in
long-term users.
''(2) The abuse of methamphetamine
has increased dramatically since
1990. This increased use has led to devastating effects on individuals
and the community, including -
''(A) a dramatic increase
in deaths associated with methamphetamine ingestion;
''(B) an increase in the
number of violent crimes associated with
methamphetamine ingestion; and
''(C) an increase in
criminal activity associated with the illegal
importation of methamphetamine and precursor compounds to
support the growing appetite for this drug in the United States.
''(3) Illegal methamphetamine
manufacture and abuse presents an imminent
public health threat that warrants aggressive law enforcement
action, increased research on methamphetamine and other
substance abuse, increased coordinated efforts to prevent methamphetamine
abuse, and increased monitoring of the public health
threat methamphetamine presents to the communities of the United
States.''
SUPPORT
FOR INTERNATIONAL EFFORTS TO CONTROL METHAMPHETAMINE AND PRECURSORS
Pub. L. 104-237, title I,
Sec. 101, Oct. 3, 1996, 110 Stat. 3100, provided
that: ''The Attorney General, in consultation with the Secretary
of State, shall coordinate international drug enforcement efforts
to decrease the movement of methamphetamine and methamphetamine
precursors into the United States.''
INTERAGENCY
METHAMPHETAMINE TASK FORCE
Pub. L. 104-237, title V,
Sec. 501, Oct. 3, 1996, 110 Stat. 3111, provided
that:
''(a) Establishment. -
There is established a 'Methamphetamine Interagency
Task Force' (referred to as the 'interagency task force')
which shall consist of the following members:
''(1) The Attorney General,
or a designee, who shall serve as chair.
''(2) 2 representatives
selected by the Attorney General.
''(3) The Secretary of
Education or a designee.
''(4) The Secretary of
Health and Human Services or a designee.
''(5) 2 representatives
of State and local law enforcement and regulatory
agencies, to be selected by the Attorney General.
''(6) 2 representatives
selected by the Secretary of Health and Human
Services.
''(7) 5 nongovernmental
experts in drug abuse prevention and treatment
to be selected by the Attorney General.
''(b) Responsibilities.
- The interagency task force shall be responsible
for designing, implementing, and evaluating the education
and prevention and treatment practices and strategies of the
Federal Government with respect to methamphetamine and other synthetic
stimulants.
''(c) Meetings. - The interagency
task force shall meet at least once
every 6 months.
''(d) Funding. - The administrative
expenses of the interagency task
force shall be paid out of existing Department of Justice appropriations.
''(e) FACA. - The Federal
Advisory Committee Act (5 U.S.C. App. 2)
(5 U.S.C. App.) shall apply to the interagency task force.
''(f) Termination. - The
interagency task force shall terminate 4 years
after the date of enactment of this Act (Oct. 3, 1996).''
SUSPICIOUS
ORDERS TASK FORCE
Pub. L. 104-237, title V,
Sec. 504, Oct. 3, 1996, 110 Stat. 3112, provided
that:
''(a) In General. - The
Attorney General shall establish a 'Suspicious
Orders Task Force' (the 'Task Force') which shall consist
of -
''(1) appropriate personnel
from the Drug Enforcement Administration
(the 'DEA') and other Federal, State, and local law
enforcement and regulatory agencies with the experience in investigating
and prosecuting illegal transactions of listed chemicals
and supplies; and
''(2) representatives
from the chemical and pharmaceutical industry.
''(b) Responsibilities.
- The Task Force shall be responsible for developing
proposals to define suspicious orders of listed chemicals,
and particularly to develop quantifiable parameters which
can be used by registrants in determining if an order is a suspicious
order which must be reported to DEA. The quantifiable parameters
to be addressed will include frequency of orders, deviations
from prior orders, and size of orders. The Task Force shall
also recommend provisions as to what types of payment practices
or unusual business practices shall constitute prima facie
suspicious orders. In evaluating the proposals, the Task Force
shall consider effectiveness, cost and feasibility for industry
and government, and other relevant factors.
''(c) Meetings. - The Task
Force shall meet at least two times per
year and at such other times as may be determined necessary by the
Task Force.
''(d) Report. - The Task
Force shall present a report to the Attorney
General on its proposals with regard to suspicious orders and
the electronic reporting of suspicious orders within one year of
the date of enactment of this Act (Oct. 3, 1996). Copies of the report
shall be forwarded to the Committees of the Senate and House of
Representatives having jurisdiction over the regulation of listed
chemical and controlled substances.
''(e) Funding. - The administrative
expenses of the Task Force shall
be paid out of existing Department of Justice funds or appropriations.
''(f) FACA. - The Federal
Advisory Committee Act (5 U.S.C. App. 2) (5 U.S.C. App.) shall apply
to the Task Force.
''(g) Termination. - The
Task Force shall terminate upon presentation
of its report to the Attorney General, or two years after
the date of enactment of this Act (Oct. 3, 1996), whichever is
sooner.''
JOINT FEDERAL
TASK FORCE ON ILLEGAL DRUG LABORATORIES
Pub. L. 100-690, title II,
Sec. 2405, Nov. 18, 1988, 102 Stat. 4231,
provided that:
''(a) Establishment of
Task Force. - There is established the Joint
Federal Task Force on Illegal Drug Laboratories (hereafter in this
section referred to as the 'Task Force').
''(b) Appointment and Membership
of Task Force. - The members of the Task Force shall be appointed
by the Administrators of the Environmental Protection Agency and the
Drug Enforcement Administration (hereafter in this section referred
to as the 'Administrators'). The Task Force shall consist of at least
6 and not more than
20 members. Each Administrator shall appoint one-half
of the members as follows: (1) the Administrator of the Environmental
Protection Agency shall appoint members from among Emergency
Response Technicians and other appropriate employees of the
Agency; and (2) the Administrator of the Drug Enforcement Administration
shall appoint members from among Special Agents assigned
to field divisions and other appropriate employees of the Administration.
''(c) Duties of Task Force.
- The Task Force shall formulate, establish,
and implement a program for the cleanup and disposal of hazardous
waste produced by illegal drug laboratories. In formulating
such program, the Task Force shall consider the following
factors:
''(1) The volume of hazardous
waste produced by illegal drug laboratories.
''(2) The cost of cleaning
up and disposing of hazardous waste produced
by illegal drug laboratories.
''(3) The effectiveness
of the various methods of cleaning up and
disposing of hazardous waste produced by illegal drug laboratories.
''(4) The coordination
of the efforts of the Environmental Protection
Agency and the Drug nforcement Administration in cleaning
up and disposing of hazardous waste produced by illegal drug
laboratories.
''(5) The dissemination
of information to law enforcement agencies
that have responsibility for enforcement of drug laws.
''(d) Guidelines. - The
Task Force shall recommend to the Administrators
guidelines for cleanup of illegal drug laboratories to
protect the public health and environment. Not later than 180 days
after the date of the enactment of this subtitle (Nov. 18, 1988),
the Administrators shall formulate and publish such guidelines.
''(e) Demonstration Projects.
-
''(1) The Attorney General
shall make grants to, and enter into contracts
with, State and local governments for demonstration projects
to clean up and safely dispose of substances associated with
illegal drug laboratories which may present a danger to public
health or the environment.
''(2) The Attorney General
may not under this subsection make a grant
or enter into a contract unless the applicant for such assistance
agrees to comply with the guidelines issued pursuant to
subsection (d).
''(3) The Attorney General
shall, through grant or contract, provide
for independent evaluations of the activities carried out pursuant
to this subsection and shall recommend appropriate legislation
to the Congress.
''(f) Funding. - Of the
amounts made available to carry out the Controlled
Substances Act (21 U.S.C. 801 et seq.) for fiscal
year 1989, not less
than $5,000,000 shall be made available to carry out subsections
(d) and (e).
''(g) Reports. - After
consultation with the Task Force, the Administrators
shall -
''(1) transmit to the
President and to each House of Congress not
later than 270 days after the date of the enactment of this subtitle
(Nov. 18, 1988) a report describing the program established
by the Task Force under subsection (c) (including an analysis
of the factors specified in paragraphs (1) through (5) of
that subsection);
''(2) periodically transmit
to the President and to each House of
Congress reports describing the implementation of the program established
by the Task Force under subsection (c) (including an analysis
of the factors specified in paragraphs (1) through (5) of
that subsection) and the progress made in the cleanup and disposal
of hazardous waste produced by illegal drug laboratories;
and
''(3) transmit to each
House of Congress a report describing the
findings made as a result of the evaluations referred to in subsection
(e)(3).''
GREAT LAKES
DRUG INTERDICTION
Pub. L. 100-690, title VII,
Sec. 7404, Nov. 18, 1988, 102 Stat. 4484,
provided that:
''(a) Interagency Agreement.
- The Secretary of Transportation and
the Secretary of the Treasury shall enter into an agreement for the
purpose of increasing the effectiveness of maritime drug interdiction
activities of the Coast Guard and the Customs Service in
the Great Lakes area.
''(b) Negotiations With
Canada on Drug Enforcement Cooperation. - The
Secretary of State is encouraged to enter into negotiations with
appropriate officials of the Government of Canada for the purpose
of establishing an agreement between the United States and Canada
which provides for increased cooperation and sharing of information
between United States and Canadian law enforcement officials
with respect to law enforcement efforts conducted on the Great
Lakes between the United States and Canada.''
GAO STUDY OF CAPABILITIES
OF UNITED STATES TO CONTROL DRUG SMUGGLING
INTO UNITED STATES
Pub. L. 100-180, div. A,
title XII, Sec. 1241, Dec. 4, 1987, 101 Stat.
1162, directed Comptroller General of the United States to conduct
a comprehensive study regarding smuggling of illegal drugs into
United States and current capabilities of United States to deter
such smuggling, with special consideration given to issues involving
use of military and National Guard units along with Customs
Service in cooperative drug smuggling interdiction efforts, and
to issue, not later than Apr. 30, 1988, and Mar. 31, 1989, reports
to Congress outlining results of this study.
COMPLIANCE
WITH BUDGET ACT
Pub. L. 99-570, Sec. 3, Oct.
27, 1986, 100 Stat. 3207-1, provided that:
''Notwithstanding any other provision of this Act (see Tables for
classification), any spending authority and any credit authority
provided under this Act shall be effective for any fiscal year
only to such extent or in such amounts as are provided in appropriation
Acts. For purposes of this Act, the term 'spending authority'
has the meaning provided in section 401(c)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 651(c)(2)) and the term 'credit
authority' has the meaning provided in section 3(10) of the Congresssional
(sic) Budget Act of 1974 (2 U.S.C. 622(10)).''
DRUG INTERDICTION
Pub. L. 99-570, title III,
Sec. 3001-3003, 3301, Oct. 27, 1986, 100
Stat. 3207-73, 3207-74, 3207-98, as amended by Pub. L. 104-66, title
I, Sec. 1091(a), Dec. 21, 1995, 109 Stat. 722, provided that:
''SEC. 3001. SHORT TITLE.
''This title (enacting
section 379 of Title 10, Armed Forces, sections
1590, 1628, 1629, and 2081 of Title 19, Customs Duties, and
section 312a of Title 47, Telegraphs, Telephones, and Radiotelegraphs,
amending section 959 of this title, sections
374 and 911 of Title
10, sections 507, 1401, 1433, 1436, 1454, 1459, 1497,
1509, 1584 to 1586, 1594 to 1595a, 1613, 1613b, 1619, and 1622
of Title 19, section 5316 of Title 31, Money and Finance, section
12109 of Title 46, Shipping, sections 1901 to 1904 of Title 46,
Appendix, Shipping, and sections 1401, 1472, 1474, and 1509 of former
Title 49, Transportation, repealing section 1460 of Title 19,
enacting provisions set out as notes under section 801
of this title, sections
371, 374, 525, and 9441 of Title 10, sections 1613b and
1654 of Title 19, section 403 of Title 23, Highways, section 1901
of Title 46, Appendix, section 11344 of Title 49, and section 1509
of former Title 49, and repealing provisions set out as a note under
section 89 of Title 14, Coast Guard) may be cited as the 'National
Drug Interdiction Improvement Act of 1986'.
''SEC. 3002. FINDINGS.
''The Congress hereby
finds that -
''(1) a balanced, coordinated,
multifaceted strategy for combating
the growing drug abuse and drug trafficking problem in the
United States is essential in order to stop the flow and abuse
of drugs within our borders;
''(2) a balanced, coordinated,
multifaceted strategy for combating
the narcotics drug abuse and trafficking in the United States
should include -
''(A) increased investigations
of large networks of drug smuggler
organizations;
''(B) source country
drug eradication;
''(C) increased emphasis
on stopping narcotics traffickers in countries
through which drugs are transshipped;
''(D) increased emphasis
on drug education programs in the schools
and workplace;
''(E) increased Federal
Government assistance to State and local
agencies, civic groups, school systems, and officials in their
efforts to combat the drug abuse and trafficking problem at
the local level; and
''(F) increased emphasis
on the interdiction of drugs and drug
smugglers at the borders of the United States, in the air, at
sea, and on the land;
''(3) funds to support
the interdiction of narcotics smugglers who
threaten the transport of drugs through the air, on the sea, and
across the land borders of the United States should be emphasized
in the Federal Government budget process to the same extent
as the other elements of a comprehensive antidrug effort are
emphasized;
''(4) the Department
of Defense and the use of its resources should
be an integral part of a comprehensive, natonal (national) drug
interdiction program;
''(5) the Federal Government
civilian agencies engaged in drug interdiction,
particularly the United States Customs Service and the
Coast Guard, currently lack the aircraft, ships, radar, command,
control, communications, and intelligence (C3I) system, and
manpower resources necessary to mount a comprehensive attack on
the narcotics traffickers who threaten the United States;
''(6) the civilian
drug interdiction agencies of the United States
are currently interdicting only a small percentage of the illegal,
drug smuggler penetrations in the United States every year;
''(7) the budgets for
our civilian drug interdiction agencies, primarily
the United States Customs Service and the Coast Guard, have
not kept pace with those of the traditional investigative law
enforcement agencies of the Department of Justice; and ''(8)
since the amendment of the Posse Comitatus Act (18 U.S.C. 1385)
in 1981, the Department of Defense has assisted in the effort
to interdict drugs, but they can do more.
''SEC. 3003. PURPOSES.
''It is the purpose of
this title -
''(1) to increase the
level of funding and resources available to
civilian drug interdiction agencies of the Federal Government;
''(2) to increase the
level of support from the Department of Defense
as consistent with the Posse Comitatus Act (18 U.S.C. 1385),
for interdiction of the narcotics traffickers before such traffickers
penetrate the borders of the United States; and
''(3) to improve other
drug interdiction programs of the Federal
Government.
''SEC. 3301. ESTABLISHMENT
OF A UNITED STATES-BAHAMAS DRUG INTERDICTION
TASK FORCE
''(a) Authorization of
Appropriations. -
''(1) Establishment
of a united states-bahamas drug interdiction
task force. - (A) There is authorized to be established
a United States-Bahamas Drug Interdiction Task Force to
be operated jointly by the United States Government and the Government
of the Bahamas. ''(B)
The Secretary of State, the Commandant of the Coast Guard,
the Commissioner of Customs, the Attorney General, and the head
of the National Narcotics Border Interdiction System (NNBIS),
shall upon enactment of this Act (Oct. 27, 1986), immediately
commence negotiations with the Government of the Bahamas
to enter into a detailed agreement for the establishment and
operation of a new drug interdiction task force, including plans
for (i) the joint operation and maintenance of any drug interdiction
assets authorized for the task force in this section and
section 3141 (see 19 U.S.C. 2075), and (ii) any training and personnel
enhancements authorized in this section and section 3141.
''(2) Amounts authorized.
- There are authorized to be appropriated,
in addition to any other amounts authorized to be appropriated
in this title (see section 3001 of Pub. L. 99-570 set
out above), $10,000,000 for the following:
''(A) $9,000,000 for
3 drug interdiction pursuit helicopters for use primarily for
operations of the United States-Bahamas Drug Interdiction Task
Force stablished under this section; and
''(B) $1,000,000 to
enhance communications capabilities for the
operation of a United States-Bahamas Drug Interdiction Task
Force established
under this section.
''(3) Coast guard-bahamas
drug interdiction docking facility. -
(A) There is authorized
to be appropriated for acquisition, construction, and improvements
for the Coast Guard for fiscal year 1987, $5,000,000, to be
used for initial design engineering, and other activities for
construction of a drug interdiction docking facility in the
Bahamas to facilitate Coast Guard and Bahamian drug interdiction
operations in and through the Bahama Islands. Of the amounts
authorized to be appropriated in this subsection, such sums
as may be necessary shall be available for necessary communication
and air support.
''(B) The Commandant
of the Coast Guard shall use such amounts appropriated
pursuant to the authorization in this paragraph as may
be necessary to establish a repair, maintenance, and boat lift
facility to provide repair and maintenance services for both
Coast Guard
and Bahamian marine drug interdiction equipment, vessels,
and related assets.
''(b) Concurrence by
Secretary of State. - Programs authorized by this
section may be carried out only with the concurrence of the Secretary
of State.''
INFORMATION
ON DRUG ABUSE AT THE WORKPLACE
Pub. L. 99-570, title IV,
Sec. 4303, Oct. 27, 1986, 100 Stat. 3207-154, directed Secretary of
Labor to collect such information as is available on the incidence of
drug abuse in the workplace and efforts to assist workers, including
counseling, rehabilitation and employee assistance programs, to conduct
such additional research as is necessary to assess the impact and extent
of drug abuse and remediation efforts, and submit the findings of such
collection and research to Congress no later than two years from Oct.
27, 1986.
INTERAGENCY
COORDINATION
Pub. L. 99-570, title IV,
Sec. 4304, Oct. 27, 1986, 100 Stat. 3207-154,
provided that:
''(a) The Secretary of
Education, the Secretary of Health and Human Services, and the Secretary
of Labor shall each designate an officer or employee of the Departments
of Education, Health and Human Services, and Labor, respectively,
to coordinate interagency drug abuse prevention activities to prevent
duplication of effort.
''(b) Within one year after
enactment of this Act (Oct. 27, 1986),
a report shall be jointly submitted to the Congress by such Secretaries
concerning the extent to which States and localities have
been able to implement non-duplicative drug abuse prevention activities.''
SUBSTANCE
ABUSE COVERAGE STUDY
Pub. L. 99-570, title VI,
Sec. 6005, Oct. 27, 1986, 100 Stat. 3207-160,
as amended by Pub. L. 100-690, title II, Sec. 2058(c), Nov.
18, 1988, 102 Stat. 4214, directed Secretary of Health and Human
Services to contract with Institute of Medicine of National Academy
of Sciences to conduct a study of extent to which cost of drug
abuse treatment is covered by private insurance, public programs,
and other sources of payment, and adequacy of such coverage
for the rehabilitation of drug abusers, and not later than 18
months after execution of such contract to transmit to Congressa
report of results of study, including recommendations of means to meet
the needs identified in such study.
HEALTH
INSURANCE COVERAGE FOR DRUG AND ALCOHOL TREATMENT
Pub. L. 99-570, title VI,
Sec. 6006, Oct. 27, 1986, 100 Stat. 3207-160,
provided that:
''(a) Findings. - The Congress
finds that -
''(1) drug and alcohol
abuse are problems of grave concern and consequence
in American society;
''(2) over 500,000 individuals
are known heroin addicts; 5 million
individuals use cocaine; and at least 7 million individuals
regularly use prescription drugs, mostly addictive ones,
without medical supervision;
''(3) 10 million adults
and 3 million children and adolescents abuse
alcohol, and an additional 30 to 40 million people are adversely
affected because of close family ties to alcoholics;
''(4) the total cost of
drug abuse to the Nation in 1983 was over
$60,000,000,000; and
''(5) the vast majority
of health benefits plans provide only limited
coverage for treatment of drug and alcohol addiction, which
is a fact that can discourage the abuser from seeking treatment
or, if the abuser does seek treatment, can cause the abuser
to face significant out of pocket expenses for the treatment.
''(b) Sense of Congress.
- It is the sense of Congress that -
''(1) all employers providing
health insurance policies should ensure that the policies provide
adequate coverage for treatment of drug and alcohol addiction in
recognition that the health consequences and costs for individuals
and society can be as formidable as those resulting from other diseases
and illnesses for which insurance coverage is much more adequate;
and
''(2) State insurance
commissioners should encourage employers providing
health benefits plans to ensure that the policies provide
more adequate coverage for treatment of drug and alcohol addiction.''
COMMISSION
ON MARIHUANA AND DRUG ABUSE
Section 601 of Pub. L. 91-513,
as amended by Pub. L. 92-13, May 14,
1971, 85 Stat. 37, provided that:
''(a) (Establishment; composition)
There is established a commission to be known as the Commission on
Marihuana and Drug Abuse (hereafter in this section referred to as
the 'Commission'). The Commission shall be composed of -
''(1) two Members of the
Senate appointed by the President of the
Senate;
''(2) two Members of the
House of Representatives appointed by the Speaker of the House of
Representatives; and
''(3) nine members appointed
by the President of the United States.
At no time shall
more than one of the members appointed under paragraph
(1), or more than one of the members appointed under paragraph
(2), or more than five of the members appointed under paragraph
(3) be members of the same political party.
''(b) (Chairman; Vice Chairman;
compensation of members; meetings)
(1) The President shall
designate one of the members of the
Commission as Chairman and one as Vice Chairman. Seven members of
the Commission shall constitute a quorum, but a lesser number may
conduct hearings.
''(2) Members of the Commission
who are Members of Congress or full-time
officers or employees of the United States shall serve without
additional compensation but shall be reimbursed for travel, subsistence,
and other necessary expenses incurred in the performance
of the duties vested in the Commission. Members of the Commission
from private life shall receive $100 per diem while engaged
in the actual performance of the duties vested in the Commission,
plus reimbursement for travel, subsistence, and other necessary
expenses incurred in the performance of such duties.
''(3) The Commission
shall meet at the call of the Chairman or at the
call of a majority of the members thereof.
''(c) (Personnel; experts;
information from departments and agencies)
(1) The Commission shall
have the power to appoint and fix
the compensation of such personnel as it deems advisable, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions
of chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates.
''(2) The Commission may
procure, in accordance with the provisions of section 3109 of title
5, United States Code, the temporary
or intermittent services of experts or consultants. Persons
so employed shall receive compensation at a rate to be fixed
by the Commission, but not in excess of $75 per diem, including
traveltime. While away from his home or regular place of business
in the performance of services for the Commission, any such
person may be allowed travel expenses, including per diem in lieu
of subsistence, as authorized by section 5703(b) of title 5, United
States Code, for persons in the Government service employed intermittently.
''(3) The Commission
may secure directly from any department or agency
of the United States information necessary to enable it to carry
out its duties under this section. Upon request of the Chairman
of the Commission, such department or agency shall furnish such
information to the Commission.
''(d) (Marihuana study;
report to the President and the Congress)
(1) The Commission shall
conduct a study of marihuana including, but
not limited to, the following areas:
''(A) the extent of
use of marihuana in the United States to include
its various sources of users, number of arrests, number of
convictions, amount of marihuana seized, type of user, nature
of use;
''(B) an evaluation
of the efficacy of existing marihuana laws;
''(C) a study of the
pharmacology of marihuana and its immediate
and long-term effects, both physiological and psychological;
''(D) the relationship
of marihuana use to aggressive behavior and
crime;
''(E) the relationship
between marihuana and the use of other drugs;
and
''(F) the international
control of marihuana.
''(2) Within one year
after the date on which funds first become available
to carry out this section, the Commission shall submit to the
President and the Congress a comprehensive report on its study and
investigation under this subsection which shall include its recommendations
and such proposals for legislation and administrative
action as may be necessary to carry out its recommendations.
''(e) (Study and investigation
of causes of drug abuse; report to the President and the Congress;
termination of Commission) The Commission
shall conduct a comprehensive study and investigation of the
causes of drug abuse and their relative significance. The Commission
shall submit to the President and the Congress such interim
reports as it deems advisable and shall within two years after
the date on which funds first become available to carry out this
section submit to the President and the Congress a final report
which shall contain a detailed statement of its findings and conclusions
and also such recommendations for legislation and administrative
actions as it deems appropriate. The Commission shall
cease to exist sixty days after the final report is submitted under
this subsection.
''(f) (Limitation on expenditures)
Total expenditures of the Commission
shall not exceed $4,000,000.''