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Bill101th CongressFiled Oct 31, 1989Crime and Law Enforcement
H.R. 3550

Forfeiture Amendments Act of 1989

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What it doesSummary passed senate amended (Nov 15, 1989)

Directs the Secretary of Health and Human Services, through the Administrator of the Alcohol, Drug Abuse and Mental Health Administration, to make a competitive grant for the establishment of a National Resource and Information Center for Perinatal Addiction. Sets forth the responsibilities of the Center. Authorizes appropriations for FY 1990 through 1991.

Amends the Public Health Service Act to direct the Secretary, through the Administrator, to make grants for assistance for substance abuse treatment for pregnant and post-partum women and their infants. Sets forth grant requirements. Authorizes appropriations for FY 1990 through 1991.

Amends the Child Abuse Prevention and Treatment Act to direct the Secretary to establish a grant program to provide services to children whose parents are substance abusers. Provides for the use of grant funds. Authorizes appropriations for FY 1990 and each subsequent fiscal year.

Amends Federal law to add services to substance abusing parents to the list of prerequisites for grants to States for child abuse and neglect prevention activities.

Amends the Public Health Service Act to direct the Secretary to establish a program of grants to educational institutions to provide training services to increase the supply of drug treatment professionals. Directs the Secretary to use amounts appropriated under existing provisions establishing the Office for Substance Abuse Prevention to carry out these provisions in FY 1990. Authorizes appropriations for FY 1991 and 1992.

Amends the Higher Education Act of 1965 to prohibit, notwithstanding any other provision of law, any institution of higher education from being eligible to receive funds or any other financial assistance under any Federal program, including federally funded or guaranteed student loans, unless they certify that they have adopted and implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees. Sets forth minimum features of such a program, including sanctions up to and including expulsion or termination of employment and referral for prosecution. Provides for sanctions against institutions which fail to implement their programs or to consistently enforce their sanctions, including termination of any form of financial assistance.

Amends the Drug-Free Schools and Communities Act of 1986 to prohibit, notwithstanding any other provisions of law, any local educational agencies from being eligible to receive funds or any other financial assistance under any Federal program unless they certify that they have adopted and implemented a program to prevent the use of illicit drugs and alcohol by students or employees. Sets forth minimum features of such a program, including sanctions up to and including expulsion or termination of employment and referral for prosecution.

Requires that each State educational agency certify that it has adopted and implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees that is consistent with the program required of local educational agencies by this Act.

Provides for sanctions against local educational agencies that fail to implement their programs or to consistently enforce their sanctions, including termination of any form of financial assistance.

Amends the Drug-Free Schools and Communities Act of 1986 to remove provisions requiring local and intermediate educational agency applicants for drug and alcohol abuse prevention and education grants to include in their applications descriptions of: (1) their drug and alcohol policy; (2) how they will monitor the effectiveness of their program; and (3) how they will establish, implement, or augment their program.

Provides, notwithstanding specified provisions of this Act, that the provisions of this Act prohibiting institutions of higher education and local and State educational agencies from receiving Federal financial assistance until they implement a drug and alcohol program shall not take effect until enactment of a law containing certain provisions, to be cited as the Transportation Employee Testing Act of 1989.

(The text of such law is set forth within this Act. It amends the Federal Aviation Act of 1958, the Federal Railroad Safety Act of 1970, and the Commercial Motor Vehicle Safety Act of 1986, providing, in certain circumstances, for: (1) regulation of, and testing for, the use of alcohol and controlled substances by employees in the transportation industry; (2) rehabilitation programs for such employees; and (3) other matters.)

Prohibits any local educational agency from using any of the funds released by the provisions covered by this paragraph unless funds are made available for each fiscal year to the chief executive officer of a State which may be used with existing power for random drug testing programs for students voluntarily participating in extracurricular activities and using existing power such testing is done only in schools which voluntarily choose to participate in such a program.

Amends Federal law to require that, for (currently, at the end of) each of the FY 1990 through 1993 (currently, FY 1990 through 1992), the Attorney General transfer a specified amount from the Department of Justice Assets Forfeiture Fund to the Special Forfeiture Fund. Allows up to a specified amount or, in certain circumstances, one-tenth of the previous year's obligations (currently, one-twelfth of the previous year's expenditures) to be retained. Makes conforming amendments to the Anti-Drug Abuse Act of 1988.

Amends the Controlled Substances Act to remove provisions directing the Attorney General to assure that any forfeited property transferred to a State or local law enforcement agency is not so transferred to circumvent State law regarding forfeiture. Prohibits funds made available under this Act for the Office of National Drug Control Policy from the special forfeiture fund from being used after February 1, 1990, if the Director of National Drug Control Policy has not designated high-intensity drug trafficking areas pursuant to specified provisions of the Anti-Drug Abuse Act of 1988.

Amends the Public Health Service Act to require that a State, as a part of its application for allotment of block grant funds relating to drug abuse, develop, implement, and submit an approved Statewide Drug Treatment Plan. Specifies the required contents of this Plan.

Allows funds appropriated to carry out the Foreign Assistance Act of 1961 or the Arms Export Control Act to be made available for any narcotics-related activities in Colombia, Bolivia, and Peru to carry out any provisions of such Acts notwithstanding: (1) provisions of the Foreign Assistance Act relating to the furnishing of assistance to any country which is in default on loan payments to the United States or relating to funds made available to carry out police training; or (2) specified provisions of the Foreign Operations, Export Financing, and Related Appropriations Act, 1989 or any other provision restricting the furnishing of assistance to countries in default on loan payment to the United States.

Requires that, of amounts made available under this Act, a specified sum be used for the block grant program under specified provisions of the Public Health Service Act to make grants to carry out substance abuse programs, but excludes such amount from the calculation of amounts to be used for programs and activities relating to substance abuse under specified provisions of such Act.

Amends the Abandoned Infants Assistance Act of 1988 to add references to infants who are victims of parental substance abuse to provisions relating to the establishment and purpose of certain demonstration projects.

Amends the Public Health Service Act to change the formula for determination of the amount of the allotment to a State under existing alcohol and drug abuse and mental health services block grant provisions.

Amends the Drug-Free Schools and Communities Act of 1986 to increase the amount authorized to be appropriated for FY 1990 through 1993 for certain drug abuse education and prevention programs.

Requires that certain amounts be used by the chief executive officer of a State to make contracts with, and emergency grants to, local educational agencies serving urban and rural communities with severe drug problems, with initial grants going to local educational agencies serving the largest city in the State to develop and implement comprehensive approaches to eliminating the serious drug problem. Allows waiver of these requirements for States in which there is no concentration of drug problems. Provides that State programs operating under existing provisions may use funds remaining after such contracts and emergency grants have been made.

What just happenedNov 17, 1989

FURTHER APPOINTMENT OF CONFEREES - The Chair reserved the authority to make additional appointments of conferees and to specify particular portions of the House bill and Senate amendment as the subjects of the various appointments. Agreed to without objection.

Who’s behind it

Rep. Hughes, William J. [D-NJ-2](D-NJ)Sponsor
Read on Congress.gov
2committees35actions3related bills40subjects
  1. Nov 17, 1989FloorH8D000

    FURTHER APPOINTMENT OF CONFEREES - The Chair reserved the authority to make additional appointments of conferees and to specify particular portions of the House bill and Senate amendment as the subjects of the various appointments. Agreed to without objection.

  2. Nov 17, 1989ResolvingDifferencesH41931

    Motion to reconsider laid on the table Agreed to without objection.

  3. Nov 17, 1989ResolvingDifferencesH41800

    The chair appointed conferees - from the Committee on Energy and Commerce: Dingell, Waxman, and Lent.

    Energy and Commerce Committee
  4. Nov 17, 1989ResolvingDifferencesH41800

    The chair appointed conferees - from the Committee on the Judiciary: Hughes, Mazzoli, Feighan, McCollum, and Gekas.

    Judiciary Committee
  5. Nov 17, 1989ResolvingDifferencesH41610

    On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection.

  6. Nov 17, 1989ResolvingDifferencesH40100

    Mr. Hughes asked unanimous consent that the House disagree to the Senate amendment, and agree to a conference.

  7. Nov 16, 1989Floor

    Message on Senate action sent to the House.

  8. Nov 15, 1989ResolvingDifferences

    Senate appointed conferee Wilson in lieu of Thurmond by unanimous consent.

  9. Nov 15, 1989ResolvingDifferences

    Senate insists on its amendments, asks for a conference, appoints conferees Kennedy; Dodd; Pell; Hollings; Inouye; Biden; Sarbanes; Hatch; Coats; Danforth; Thurmond; Helms; Gramm pursuant to the order of November 14, 1989.

  10. Nov 15, 1989Floor

    Passed Senate pursuant to the order of November 14, 1989 with an amendment by Unanimous Consent.

  11. Nov 15, 1989Floor17000

    Passed/agreed to in Senate: Passed Senate pursuant to the order of November 14, 1989 with an amendment by Unanimous Consent.

  12. Nov 15, 1989Floor

    Senate struck all after the Enacting Clause and substituted the language of S. 1735.

  13. Nov 15, 1989IntroReferral

    Received in the Senate, read twice.

  14. Nov 13, 1989FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  15. Nov 13, 1989FloorH37300

    On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 375 - 0 (Roll No. 347).

  16. Nov 13, 1989Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 375 - 0 (Roll No. 347).

  17. Nov 13, 1989FloorH30000

    Considered as unfinished business.

  18. Nov 13, 1989FloorH37220

    Yeas and Nays were ordered. Further proceedings on the motion were postponed.

  19. Nov 13, 1989FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate.

  20. Nov 13, 1989FloorH30321

    On ordering a second Agreed to without objection.

  21. Nov 13, 1989FloorH30000

    Considered under suspension of the rules.

  22. Nov 13, 1989FloorH30320

    Mr. Gekas demanded a second on the motion to suspend the rules.

  23. Nov 13, 1989FloorH30300

    Mr. Hughes moved to suspend the rules and pass the bill, as amended.

  24. Nov 13, 1989CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 101-349, Part I.

    Judiciary Committee
  25. Nov 13, 1989Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 101-349, Part I.

    Judiciary Committee
  26. Nov 9, 1989CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  27. Nov 9, 1989CommitteeH19000

    Ordered to be Reported.

    Judiciary Committee
  28. Nov 6, 1989CommitteeH11000

    Referred to the Subcommittee on Health and the Environment.

    Health and Environment Subcommittee
  29. Nov 2, 1989CommitteeH22000

    Subcommittee Consideration and Mark-up Session Held.

    Crime Subcommittee
  30. Nov 2, 1989CommitteeH23000

    Forwarded by Subcommittee to Full Committee.

    Crime Subcommittee
  31. Nov 1, 1989CommitteeH11000

    Referred to the Subcommittee on Crime.

    Crime Subcommittee
  32. Oct 31, 1989IntroReferralH11100

    Referred to the House Committee on Energy and Commerce.

    Energy and Commerce Committee
  33. Oct 31, 1989IntroReferralH11100

    Referred to the House Committee on Judiciary.

    Judiciary Committee
  34. Oct 31, 1989IntroReferralIntro-H

    Introduced in House

  35. Oct 31, 1989IntroReferral1000

    Introduced in House

Passed Senate amendedNov 15, 198935

Directs the Secretary of Health and Human Services, through the Administrator of the Alcohol, Drug Abuse and Mental Health Administration, to make a competitive grant for the establishment of a National Resource and Information Center for Perinatal Addiction. Sets forth the responsibilities of the Center. Authorizes appropriations for FY 1990 through 1991.

Amends the Public Health Service Act to direct the Secretary, through the Administrator, to make grants for assistance for substance abuse treatment for pregnant and post-partum women and their infants. Sets forth grant requirements. Authorizes appropriations for FY 1990 through 1991.

Amends the Child Abuse Prevention and Treatment Act to direct the Secretary to establish a grant program to provide services to children whose parents are substance abusers. Provides for the use of grant funds. Authorizes appropriations for FY 1990 and each subsequent fiscal year.

Amends Federal law to add services to substance abusing parents to the list of prerequisites for grants to States for child abuse and neglect prevention activities.

Amends the Public Health Service Act to direct the Secretary to establish a program of grants to educational institutions to provide training services to increase the supply of drug treatment professionals. Directs the Secretary to use amounts appropriated under existing provisions establishing the Office for Substance Abuse Prevention to carry out these provisions in FY 1990. Authorizes appropriations for FY 1991 and 1992.

Amends the Higher Education Act of 1965 to prohibit, notwithstanding any other provision of law, any institution of higher education from being eligible to receive funds or any other financial assistance under any Federal program, including federally funded or guaranteed student loans, unless they certify that they have adopted and implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees. Sets forth minimum features of such a program, including sanctions up to and including expulsion or termination of employment and referral for prosecution. Provides for sanctions against institutions which fail to implement their programs or to consistently enforce their sanctions, including termination of any form of financial assistance.

Amends the Drug-Free Schools and Communities Act of 1986 to prohibit, notwithstanding any other provisions of law, any local educational agencies from being eligible to receive funds or any other financial assistance under any Federal program unless they certify that they have adopted and implemented a program to prevent the use of illicit drugs and alcohol by students or employees. Sets forth minimum features of such a program, including sanctions up to and including expulsion or termination of employment and referral for prosecution.

Requires that each State educational agency certify that it has adopted and implemented a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees that is consistent with the program required of local educational agencies by this Act.

Provides for sanctions against local educational agencies that fail to implement their programs or to consistently enforce their sanctions, including termination of any form of financial assistance.

Amends the Drug-Free Schools and Communities Act of 1986 to remove provisions requiring local and intermediate educational agency applicants for drug and alcohol abuse prevention and education grants to include in their applications descriptions of: (1) their drug and alcohol policy; (2) how they will monitor the effectiveness of their program; and (3) how they will establish, implement, or augment their program.

Provides, notwithstanding specified provisions of this Act, that the provisions of this Act prohibiting institutions of higher education and local and State educational agencies from receiving Federal financial assistance until they implement a drug and alcohol program shall not take effect until enactment of a law containing certain provisions, to be cited as the Transportation Employee Testing Act of 1989.

(The text of such law is set forth within this Act. It amends the Federal Aviation Act of 1958, the Federal Railroad Safety Act of 1970, and the Commercial Motor Vehicle Safety Act of 1986, providing, in certain circumstances, for: (1) regulation of, and testing for, the use of alcohol and controlled substances by employees in the transportation industry; (2) rehabilitation programs for such employees; and (3) other matters.)

Prohibits any local educational agency from using any of the funds released by the provisions covered by this paragraph unless funds are made available for each fiscal year to the chief executive officer of a State which may be used with existing power for random drug testing programs for students voluntarily participating in extracurricular activities and using existing power such testing is done only in schools which voluntarily choose to participate in such a program.

Amends Federal law to require that, for (currently, at the end of) each of the FY 1990 through 1993 (currently, FY 1990 through 1992), the Attorney General transfer a specified amount from the Department of Justice Assets Forfeiture Fund to the Special Forfeiture Fund. Allows up to a specified amount or, in certain circumstances, one-tenth of the previous year's obligations (currently, one-twelfth of the previous year's expenditures) to be retained. Makes conforming amendments to the Anti-Drug Abuse Act of 1988.

Amends the Controlled Substances Act to remove provisions directing the Attorney General to assure that any forfeited property transferred to a State or local law enforcement agency is not so transferred to circumvent State law regarding forfeiture. Prohibits funds made available under this Act for the Office of National Drug Control Policy from the special forfeiture fund from being used after February 1, 1990, if the Director of National Drug Control Policy has not designated high-intensity drug trafficking areas pursuant to specified provisions of the Anti-Drug Abuse Act of 1988.

Amends the Public Health Service Act to require that a State, as a part of its application for allotment of block grant funds relating to drug abuse, develop, implement, and submit an approved Statewide Drug Treatment Plan. Specifies the required contents of this Plan.

Allows funds appropriated to carry out the Foreign Assistance Act of 1961 or the Arms Export Control Act to be made available for any narcotics-related activities in Colombia, Bolivia, and Peru to carry out any provisions of such Acts notwithstanding: (1) provisions of the Foreign Assistance Act relating to the furnishing of assistance to any country which is in default on loan payments to the United States or relating to funds made available to carry out police training; or (2) specified provisions of the Foreign Operations, Export Financing, and Related Appropriations Act, 1989 or any other provision restricting the furnishing of assistance to countries in default on loan payment to the United States.

Requires that, of amounts made available under this Act, a specified sum be used for the block grant program under specified provisions of the Public Health Service Act to make grants to carry out substance abuse programs, but excludes such amount from the calculation of amounts to be used for programs and activities relating to substance abuse under specified provisions of such Act.

Amends the Abandoned Infants Assistance Act of 1988 to add references to infants who are victims of parental substance abuse to provisions relating to the establishment and purpose of certain demonstration projects.

Amends the Public Health Service Act to change the formula for determination of the amount of the allotment to a State under existing alcohol and drug abuse and mental health services block grant provisions.

Amends the Drug-Free Schools and Communities Act of 1986 to increase the amount authorized to be appropriated for FY 1990 through 1993 for certain drug abuse education and prevention programs.

Requires that certain amounts be used by the chief executive officer of a State to make contracts with, and emergency grants to, local educational agencies serving urban and rural communities with severe drug problems, with initial grants going to local educational agencies serving the largest city in the State to develop and implement comprehensive approaches to eliminating the serious drug problem. Allows waiver of these requirements for States in which there is no concentration of drug problems. Provides that State programs operating under existing provisions may use funds remaining after such contracts and emergency grants have been made.

Introduced in HouseOct 31, 198900

Forfeiture Amendments Act of 1989 - Amends the Federal judicial code to authorize the Attorney General to transfer up to $150,000,000 from the Department of Justice Assets Forfeiture Fund to the Special Forfeiture Fund under the Anti-Drug Abuse Act of 1988 for FY 1990 through 1993.

Amends the Anti-Drug Abuse Act of 1988 to: (1) provide for such transfer; and (2) bar use of amounts in the Special Forfeiture Fund for any purpose after January 31, 1990, if the Director of National Drug Control Policy has not designated high intensity drug trafficking areas by that date.

Requires the President to submit to the Congress, by February 28, 1990, a request for such supplemental appropriation as may be necessary for FY 1990 for deposits in the Special Forfeiture Fund.

Amends the Controlled Substances Act to require the Attorney General to ensure that: (1) property transferred to a State or local law enforcement agency under such Act has a value that bears a reasonable relationship to the degree of direct participation of such agency in the law enforcement effort resulting in the forfeiture taking into account the total value of all property forfeited and the total law enforcement effort with respect to the violation of law on which the forfeiture is based; and (2) property is not transferred following utilization of an adopted seizure process (i.e., one in which investigative and prosecutive activity related to the seizure, other than relating to the actual forfeiture, was carried out exclusively by State and local agencies) to circumvent any requirement of State law that limits the disposition of property forfeited to State or local agencies. Authorizes the Attorney General, in determining whether the transfer would be in circumvention of State law, to rely upon a written opinion of the pertinent State attorney general that such a process is not being utilized to circumvent State law. Specifies that such decision shall not be subject to review by any court.

Amends the Federal judicial code to authorize the Attorney General, at his discretion, following the completion of forfeiture procedures, to warrant clear title to any subsequent purchaser or transferee of such forfeited property.

Amends the Controlled Substances Act to authorize the Attorney General to carry out seizure and forfeiture of moneys in the manner provided with respect to seizure and forfeiture of conveyances by the Secretary of the Treasury under the Tariff Act of 1930.