Airborne Drug Trafficking Deterrence Act

Airborne Drug Trafficking Deterrence Act - Sets forth the interdiction procedures to be followed by the commander of a drug interdiction aircraft when he or she reasonably believes that an aircraft is transporting illegal drugs into the United States. Requires such commander to notify higher authorities in the Coast Guard and then use all available means of communication to order the aircraft to land. Authorizes the firing of a warning signal across the nose of the intercepted aircraft after: (1) such aircraft has been observed dropping cargo which has been recovered, if it is feasible to do so, and found to contain a controlled substance; (2) such aircraft changes its course away from the continental United States and remains under constant surveillance; (3) continuing efforts to communicate with the aircraft prove futile and the commander reasonably believes that the aircraft recognizes the drug interdiction aircraft's identity, presence, and intent; and (4) use of the warning signal is approved in advance by higher authority. Authorizes the commander to shoot the aircraft down as a national security threat if: (1) at least two warning signals have been fired and it is reasonable to believe that they have been recognized and understood by the occupants of the intercepted aircraft; (2) the cargo has been recovered and identified as a controlled substance; (3) such aircraft fails to obey further communications; and (4) a higher authority has approved the use of force in advance. Directs the Coast Guard to coordinate such interdiction efforts with the Drug Enforcement Administration. Prohibits the use of warning signals or force: (1) over or within 12 miles of U.S. land area or in the airspace of a foreign country unless the foreign government authorizes the United States to use force; (2) if the commander reasonably believes that such signal or force would harm an innocent person; or (3) the intercepted aircraft is flying towards the United States.

Requires that drug interdiction aircraft be equipped with a flashing blue light and such other identifying insignia as the Secretary of Transportation shall prescribe.

Requires that National Search and Rescue procedures be used to recover downed occupants of an intercepted aircraft.

Directs the Secretary to notify fliers of their obligation to communicate with and obey commanders of drug interdiction aircraft and the possible consequences of disobedience. Indemnifies commanders and their assistants for penalties or damages incurred from the use of force.

Authorizes Department of Defense assistance to Coast Guard interdiction efforts.

Directs the Secretaries of Transportation and Defense to jointly prescribe regulations by 1991 to implement the Coast Guard's duties under this Act.

 
HR 5301 IH
101st CONGRESS
2d Session
 H. R. 5301
To provide authority to the Coast Guard to use necessary and appropriate
force, in strictly controlled circumstances, to compel aircraft used in drug
trafficking to land.
IN THE HOUSE OF REPRESENTATIVES
July 18, 1990
Mr. COUGHLIN introduced the following bill; which was referred jointly to
the Committees on Merchant Marine and Fisheries and Armed Services
A BILL
To provide authority to the Coast Guard to use necessary and appropriate
force, in strictly controlled circumstances, to compel aircraft used in drug
trafficking to land.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
  This Act may be cited as the `Airborne Drug Trafficking Deterrence Act'.
SEC. 2. FINDINGS AND PURPOSE.
  (a) FINDINGS- The Congress finds the following:
  (1) Drug trafficking organizations are a serious national security threat
  to the United States, comparable to the threat that the United States has
  received in the past from hostile nations.
  (2) A significant portion of the illegal drugs transported to the United
  States by such organizations arrive by aircraft.
  (3) In many cases, drug trafficking organizations use the same aircraft
  and pilot to make repeated drug flights to the United States.
  (4) Airborne drug traffickers, especially those penetrating a United States
  air defense identification zone without authority, pose an immediate danger
  of serious harm to the people of the United States by contributing to drug
  consumption and drug-related violence.
  (5) An airborne drug trafficker should be considered to be a person in
  the employ of powers hostile to the United States.
  (6) As an agency of the United States with responsibility to protect
  the national security of the United States and possessing extensive
  experience in drug interdiction, the Coast Guard is uniquely capable of
  taking effective action to deter airborne drug traffickers and weaken drug
  trafficking organizations.
  (b) PURPOSE- The purpose of this Act is to--
  (1) establish procedures for the interdiction of airborne drug traffickers
  by the Coast Guard;
  (2) authorize the Coast Guard (acting in its capacity as a national security
  agency) to use, under strictly controlled circumstances, necessary and
  appropriate force to compel airborne drug traffickers who are observed
  dropping a controlled substance from their aircraft to comply with
  instructions to land their aircraft; and
  (3) ensure that these procedures, while effective against airborne drug
  traffickers, minimize the risks to pilots and passengers of aircraft
  that are not involved in drug trafficking, in particular by concentrating
  interdiction efforts against aircraft flying below 3000 feet.
SEC. 3. INTERDICTION PROCEDURES TO BE USED AGAINST AIRBORNE DRUG TRAFFICKERS.
  (a) NOTIFICATION OF HIGHER AUTHORITY- As soon as possible after the commander
  of a drug interdiction aircraft has reason to believe that an aircraft is
  transporting illegal drugs into the United States, the commander shall
  notify higher authorities in the Coast Guard. The higher authorities
  contacted by the commander may not be in a drug interdiction aircraft.
  (b) INTERCEPTION- If the commander of a drug interdiction aircraft reasonably
  believes that an aircraft is transporting illegal drugs, the commander
  may order the aircraft to land at a location designated by appropriate
  civilian officials.
  (c) WARNING SIGNAL- An effort to order an intercepted aircraft to land
  may include the use of a warning signal fired across the nose of the
  intercepted aircraft under the following circumstances:
  (1) The intercepted aircraft was observed (either visually or through the
  use of forward looking infra-red radar or other night vision equipment)
  to be dropping cargo.
  (2) Except as provided in subsection (e), the dropped cargo is recovered
  by United States Government personnel, positively identified as the cargo
  that was dropped by the intercepted aircraft, and found by field testing
  to contain a controlled substance.
  (3) The intercepted aircraft changes its flight direction away from the
  continental United States and remains under continuous surveillance.
  (4) After the change in flight direction, the commander of the drug
  interdiction begins or continues efforts to communicate with the intercepted
  aircraft and to order it to land.
  (5) All other reasonable efforts to communicate with the intercepted
  aircraft and compel the aircraft to land are first exhausted.
  (6) The intercepted aircraft does not acknowledge or obey these efforts
  directing it to land or to divert to land.
  (7) The commander of the drug interdiction aircraft reasonably believes
  that the intercepted aircraft recognizes the identity, presence, and intent
  of the drug interdiction aircraft.
  (8) The use of a warning signal against the intercepted plane is approved
  in advance by higher authority.
  (d) USE OF FORCE- An effort to order an intercepted aircraft to land may
  include the use of fire directed at or into the intercepted aircraft under
  the following circumstances:
  (1) The requirements specified in subsection (c) are first met.
  (2) The cargo observed being dropped from the intercepted aircraft is
  recovered by United States Government personnel, positively identified
  as the cargo that was dropped by the intercepted aircraft, and found by
  field testing to contain a controlled substance.
  (3) Warning signal fire is used at least twice in such a manner that the
  commander of the drug interdiction aircraft reasonably believes that the
  warning signal fire is recognized by the occupants of the intercepted
  aircraft and the intent of the fire was clear to those occupants.
  (4) The intercepted aircraft does not obey further communications to land
  or divert to land.
  (5) The use of force against the intercepted plane is approved in advance
  by higher authority.
  (e) EXCEPTION TO RECOVERY AND FIELD TESTING- The Coast Guard should make
  every effort to recover and field test cargo observed being dropped from an
  aircraft before authorizing the use of a warning signal against the aircraft
  under subsection (c). In circumstances in which the higher authorities
  determine it is not feasible to recover and test the dropped cargo, but
  all other interception procedures specified in that subsection are met,
  the higher authorities may authorize the use of warning signal fire. The
  requirement to recover and field test dropped cargo specified in subsection
  (d)(2) may not be waived under any circumstance.
  (f) STATUS OF INTERCEPTED AIRCRAFT- An intercepted aircraft that drops a
  controlled substance and fails to comply with orders to land or divert to
  land shall be considered to be furthering the end of a drug trafficking
  organization and a national security threat to the United States.
  (g) COORDINATION- The Commandant of the Coast Guard shall coordinate the
  implementation of the interdiction procedures required by this section
  with the Administrator of the Drug Enforcement Administration.
SEC. 4. EXCEPTIONS TO THE AUTHORIZED USE OF FORCE.
  A warning signal or use of force under subsections (c) or (d) of section
  3 may not be used against an intercepted aircraft--
  (1) if any of the requirements specified in those subsections are not met;
  (2) if the intercepted aircraft is--
  (A) above the land area of the United States;
  (B) within 12 miles of the land area of the United States; or
  (C) in the airspace of a foreign country, unless the Government of that
  country authorizes the United States to use such force;
  (3) if the commander of the drug interdiction aircraft reasonably believes
  that an innocent person would be harmed by the use of a warning signal or
  disabling force against the intercepted aircraft; or
  (4) so long as the flight direction of the intercepted aircraft is toward
  the continental United States.
SEC. 5. IDENTIFYING INSIGNIA, COMMUNICATION, AND RESCUE.
  (a) IDENTIFYING INSIGNIA- Each drug interdiction aircraft used to intercept
  suspected airborne drug traffickers shall--
  (1) be equipped with a flashing blue light as a means of identification; and
  (2) bear such other identifying insignia as the Secretary of Transportation
  shall prescribe.
  (b) USE OF INSIGNIA- When attempting to communicate with an intercepted
  aircraft, the commander of a drug interdiction aircraft shall make every
  effort to display to the intercepted aircraft the flashing blue light and
  other identifying insignia of the drug interdiction aircraft required by
  subsection (a).
  (c) COMMUNICATION WITH INTERCEPTED AIRCRAFT- (1) In attempting to
  communicate with an intercepted aircraft, the commander shall use all
  means of communications that are available, internationally recognized,
  and accepted by the International Civil Aviation Organization.
  (2) To order an intercepted aircraft to land, such means of communication
  shall include radio communications on the international emergency
  frequencies, the rocking of wings, and the flashing of landing lights.
  (d) RESCUE- National Search and Rescue procedures shall be employed to
  recover any occupants of an intercepted aircraft if the aircraft is shot
  down under section 3(d).
SEC. 6. PUBLIC NOTICE.
  (a) PUBLIC NOTICE REQUIRED- Before section 3 is implemented and periodically
  thereafter, the Secretary of Transportation shall provide public notice,
  through the Federal Aviation Administration, intended to inform aircraft
  operators described in subsection (b) that, while flying--
  (1) they are required to communicate with observed drug interdiction
  aircraft and obey any instructions received from commanders of drug
  interdiction aircraft, including instructions to land their aircraft; and
  (2) failure to obey such instructions may result in the use of force under
  section 3.
  (b) AIRCRAFT OPERATORS DESCRIBED- The aircraft operators referred to in
  subsection (a) are persons who--
  (1) are private aircraft operators in the United States; or
  (2) are foreign private aircraft operators who enter a United States air
  defense identification zone.
SEC. 7. INDEMNIFICATION.
  The commander of a drug interdiction aircraft, and all other persons serving
  with or assisting the commander in carrying out a drug interdiction operation
  under this Act, shall be indemnified from any penalty or action for damages
  resulting from the use of force against an aircraft under section 3(d).
SEC. 8. DEPARTMENT OF DEFENSE ASSISTANCE TO COAST GUARD INTERDICTION EFFORTS.
  (a) ASSISTANCE AUTHORIZED- Consistent with the authority of the Secretary
  of Defense under chapter 18 of title 10, United States Code, the Secretary
  may provide equipment, information, personnel, and other support to assist
  the Coast Guard carry out a drug interdiction operation under this Act.
  (b) MODIFICATION OF COAST GUARD AIRCRAFT AND TRANSFER OF EXCESS MILITARY
  AIRCRAFT- (1) Notwithstanding any other provision of law, the Secretary
  of Defense may--
  (A) modify a Coast Guard aircraft to facilitate its use as a drug
  interdiction aircraft; and
  (B) transfer military aircraft that the Secretary determines are suitable
  for use by the Coast Guard as drug interdiction aircraft and excess to
  the needs of the Department of Defense.
  (2) The modification or transfer of an aircraft under paragraph (1) may
  be carried out by the Secretary without cost to the Coast Guard.
SEC. 9. DEFINITIONS.
  For purposes of this Act:
  (1) The term `commander' means a member of the Coast Guard in command of
  a drug interdiction aircraft.
  (2) The term `drug interdiction aircraft' means an aircraft--
  (A) operated by the Coast Guard; and
  (B) used to intercept airborne drug traffickers.
  (3) The term `United States air defense identification zone' means the
  airspace designated as a United States air defense identification zone by
  the Secretary of Defense by regulation.
SEC. 10. REGULATIONS.
  (a) REGULATIONS REQUIRED- The Secretary of Transportation and the Secretary
  of Defense shall jointly prescribe regulations to implement the duties of
  the Coast Guard under this Act.
  (b) TIME FOR REGULATIONS- The regulations required by this section shall
  be prescribed not later than January 1, 1991.
  (c) USE OF FORCE PROHIBITED PENDING REGULATIONS- Warning signals or
  disabling force may not be used by the commander of a drug interdiction
  aircraft against an intercepted aircraft, other than in self defense,
  until the regulations required by this section have been prescribed.