101st Congress > Senate > Vote 228
Clerk session vote number: 228
Description: To provide authority for the President to use the armed forces of the United States to secure the removal of General Manuel Antonio Noriega from his illegal control of the Republic of Panama.
Bill summary: Title I: Rural Drug Enforcement Act
- Requires the Director of National Drug Control Policy to designate a Rural Drug Policy Coordinator to examine the special needs of rural areas in drug interdiction and coordinate the drug interdiction efforts of Federal agencies in such areas.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize appropriations for FY 1990 through 1992 and to set aside specified sums for rural areas.
Directs the Attorney General to
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attempt to assign not less than ten drug enforcement agents to each State and four additional special agents to each rural State.
Directs the Secretary of the Treasury to: (1) develop a drug interdiction training program for law enforcement officers in rural areas; and (2) double by September 30, 1991, the number of law enforcement officers from rural jurisdictions in each of the several States that receive drug enforcement training. Authorizes appropriations for FY 1990 through 1992.
Amends the Omnibus Act to authorize appropriations for the FY 1990 through 1992 for the Drug Control and System Improvement Grant Program.
Changes the base allocation to each of the participating States for drug enforcement grants (from $500,000 to .4 percent) and matching requirements (from 50 percent to 75 percent for years subsequent to FY 1989).
Department of Justice Community Substance Abuse Prevention Act of 1989 - Directs: (1) the Attorney General to make grants to eligible coalitions to plan and implement long-term strategies for substance abuse prevention and coordinate substance abuse services and activities; and (2) coalitions receiving funds to encourage substantial voluntary participation in the community. Specifies application requirements and sets priorities for the award of grants. Requires: (1) each coalition receiving money to submit to the Attorney General an annual report; and (2) the Attorney General to submit an annual review to the House of Representatives and Senate judiciary committees evaluating the program. Authorizes appropriations for FY 1990 through 1992.
Title II: Justice Assistance and Drug Testing
- Amends the Omnibus Act to require the Attorney General to establish a Federal drug testing demonstration program which shall specify methods and procedures for conducting drug testing and shall be based in part on scientific and technical standards determined by the Secretary of Health and Human Services to ensure reliability and accuracy of drug test results. Provides that such program may include guidelines or specifications concerning: (1) the classes of persons to be targeted for testing; (2) the drugs to be tested for; (3) the frequency and duration of testing; and (4) the effect of test results in decisions concerning the sentence, conditions on release before or after a conviction, and the granting, continuation, or termination of such release. Authorizes appropriations for FY 1990 through 1992.
Makes up to $400,000 of funds appropriated to the National Institute of Justice for FY 1990 available to the National Criminal Justice Association to carry out a study of the fiscal and other impacts in States of implementing drug testing programs for targeted classes of arrestees, prisoners, and persons on conditional or supervised release before or after conviction. Requires such Association to report on its preliminary findings in six months, and to submit a final report one year after enactment of this Act.
Directs the Attorney General, in issuing regulations, to take into account any limitations on the ability of a State to meet the requirements of such Act due to the schedule of its regular legislative sessions and its procedural time requirements for adopting legislation and regulations.
Title III: Miscellaneous - Part 1: Mandatory Detention by Serious Offenders
- Mandatory Detention for Offenders Convicted of Serious Crimes Act - Amends the Federal criminal code to require the judicial officer to order mandatory detention of a person who has been found guilty of specified serious offenses and is awaiting imposition or execution of sentence, unless such officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted, or an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person, and the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Requires that an individual who has been sentenced for such offenses to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, shall be detained, with exceptions.
Part 2: Technical Amendments
- Sets a minimum penalty of ten years' imprisonment for use or possession of a short-barrelled rifle or shotgun, or a destructive device, during and in relation to any drug-trafficking crime or crime of violence.
Title IV: Public Corruption
- Anti-Corruption Act of 1989 - Amends the Federal Criminal Code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State, political subdivision, or Indian tribal government of: (1) honest services of a government official or employee; or (2) a fair and impartially conducted election process through the use of fraudulent ballots or voter registration forms, paying or offering to pay any person for voting, or the filing of fraudulent campaign reports, subject to certain conditions.
Prescribes criminal penalties to be imposed against anyone who deprives or defrauds the inhabitants of the United States of: (1) the honest services of a public official.
Prescribes criminal penalties to be imposed upon any official who: (1) uses interstate commerce to deprive or defraud the inhabitants of any State, political subdivision, or Indian tribal government of the right to have government affairs conducted on the basis of complete, true, and accurate information; or (2) in order to carry out or conceal any scheme or artifice to defraud, discriminate, harass, or take adverse action against any employee or official of the United States or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice.
Amends mail fraud provisions to prohibit use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud.
Makes it a class B felony for a public official to corruptly demand or accept anything of value, personally or for another, in return for: (1) being influenced in the performance or nonperformance of any official act; or (2) being influenced to commit, collude in, or allow the commission of any offense against the United States or any State.
Makes it a class B felony for a public official to corruptly give, offer, or promise anything of value, to an official or to another, with intent to: (1) influence any official act; (2) influence such official to commit, collude in, or allow the commission of any offense against the United States or a State; or (3) influence such official to do or omit any act in violation of such official's lawful duty.
Grants Federal jurisdiction over an offense under this Act (with respect to narcotics-related corruption) which involves or is intended to further or conceal the illegal importation, manufacture, transportation, or distribution of any controlled substance or controlled substance analogue.
Title V: Federal Debt Collection Procedures Act of 1989 - Subtitle A: Debt Collection Procedures
- Establishes a uniform, nationwide system of procedures to facilitate the collection of debts owed to the United States. Provides that the United States shall not be barred by the statute of limitations of any State in the enforcement of any of its claims.
Establishes a pre- and post-judgment right of discovery with respect to the financial condition of any debtor.
Establishes special rules with respect to the sale of perishable property during the pendency of any proceeding to recover debts owed to the United States.
Grants U.S. counsel and non-attorney debt collection personnel absolute immunity from liability arising from errors, omissions, or negligence in performing their official debt collection duties.
Allows U.S. district courts to assign their duties in proceedings under this Act to U.S. magistrates.
Authorizes appropriations.
Permits a U.S. Attorney to commence a proceeding against parties for the purpose of determining whether a claim for relief should be asserted whenever the United States believes that an illegal activity threatens to deprive it of a claim.
Allows the United States to name as an additional defendant any party believed to owe sums to the debtor arising out of the transaction giving rise to the obligation to the United States.
Permits the United States to seek any prejudgment remedy allowed by law. Sets forth procedures to be followed by the United States under such circumstances. Establishes additional procedural requirements with respect to the attachment of property, garnishment, sequestration, and replevin. Prohibits a U.S. marshal from selling property unless ordered by the court.
Allows the United States to apply for the appointment of a receiver for property in which it has an interest and which is or will be the subject of a court action. Sets forth the powers of the receiver.
Allows the district court to enter a "judgment by confession" in favor of the United States without the filing of a civil action for money due and owing.
States that a judgment creates a lien upon all the real property of a judgment debtor. Makes any person who is the subject of such a lien ineligible for Federal grants and loans. Allows the district court to order the United States to sell any real property subject to its judgment lien. Sets forth procedures for determining the applicable interest to be charged on judgments. States that such liens shall be effective for a period of 20 years and renewable for one additional 20-year period.
Sets forth procedures with respect to: (1) the issuance of restraining notices; (2) the sale of real and personal property subject to levy pursuant to a writ of execution; (3) installment payments; and (4) garnishment.
Grants the court power to: (1) modify the use of any enforcement procedure; (2) punish for civil and criminal contempt with respect to an enforcement procedure or order under this Act; and (3) under certain circumstances, issue a warrant for the arrest of a judgment debtor.
Lists the types of property exempt from the enforcement procedures of this Act, including the debtor's: (1) interest in real property used as a residence; (2) interest in one motor vehicle; (3) interest in unmatured life insurance contracts; (4) right to receive social security, veterans' disability, Medicaid, Medicare, unemployment, and AFDC benefits; and (5) right to receive an award under a crime victim's reparation law, a payment on account of the wrongful death of certain individuals, a payment under certain life insurance contracts, a payment, not to exceed $7,500, on account of personal bodily injury, with limitations, or a payment in compensation of the loss of certain future earnings. Places certain limitations on exempt property.
Provides remedies for the fraudulent transfer of an asset by a debtor.
Allows the United States to bring an action in U.S. district court to compel a partition of property among co-owners and tenants.
States that Federal law shall govern: (1) any action by the United States to foreclose security interests in real property; and (2) the right of the United States to collect a deficiency following the foreclosure of a loan guaranteed or insured by the United States.
Subtitle B: Amendments to Other Provisions of Law
- Makes technical and conforming amendments to various provisions of Federal law.
Establishes in the Treasury the Department of Justice Debt Collection Fund, which shall be used to: (1) train Department personnel in debt collection; (2) provide services pertinent to debt collection; and (3) cover expenses associated with the sale of property. Authorizes appropriations for FY 1990 through 1993.
Allows the court to order that criminal appearance bail bonds be applied to the payment of any assessment, fine, restitution, or penalty imposed upon the defendant.
Title VI: Treatment, Prevention, and Education
- Amends the Public Health Service Act (PHSA) to direct the Secretary of Health and Human Services 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.
Directs the Secretary, 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.
Directs 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 PHSA to authorize grants to and contracts with public and nonprofit organizations, agencies, and institutions and with individuals to pay part or all of the costs of establishing programs designed to provide high quality acute and primary pediatric care to economically disadvantaged children and adolescents. Specifies authorized uses of grant funds. Authorizes appropriations for FY 1990 and 1991.
Requires the Director of the Office of Substance Abuse Prevention to establish a program to provide grants to hospitals, community health centers, and chemical dependency treatment centers that serve non-metropolitan areas to assist such entities in activities such as developing and implementing projects that provide or expand the availability of chemical dependency treatment or education services.
Directs the Secretary, subject to the availability of appropriations, to establish and implement a Substance Abuse Treatment Improvement Program to make grants to, and enter into agreements with, State and local drug abuse entities and public and nonprofit agencies to: (1) increase the total number of drug abuse treatment slots available for individuals in the United States; (2) improve drug abuse treatment efficacy; (3) provide emergency treatment expansion for geographic areas with high incidences of drug abuse among particularly vulnerable populations; and (4) increase public acceptability of treatment facilities within local communities. Authorizes appropriations.
Amends the Drug-Free Schools and Communities Act of 1986 to provide funds for substance abuse education programs serving individuals who reside in non-metropolitan areas.
Directs the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration to establish a special clearinghouse program to: (1) gather information pertaining to rural drug abuse treatment and education projects funded by the Administration, as well as other such projects operating throughout the United States; and (2) disseminate such information to rural hospitals, community health centers and organizations, and other interested individuals.
Amends the Anti-Drug Abuse Act of 1988 to authorize appropriations for FY 1990 through 1991 for congressional employee assistance programs to be developed and implemented by the Clerk of the House of Representatives and the Sergeant at Arms of the Senate.
Directs the Secretary to arrange to have a study conducted to: (1) assess drug treatment and prevention programs; (2) identify those programs that are effective and determine whether such programs can and should be expanded or extended to other areas; (3) determine whether Federal assistance for treatment and prevention programs should be discontinued; and (4) recommend an overall Federal medical and public health effort to treat individuals who are addicted to illegal drugs and to prevent the use of such drugs. Directs the Secretary to request the National Academy of Sciences and the National Institute of General Medical Science (and if both decline to participate, nonprofit private groups) to conduct such study. Requires the Secretary to report within 18 months to specified congressional committees. Authorizes appropriations.
Amends the PHSA to require that institutions receiving grants to support the development of model, community-based programs to discourage alcohol and drug abuse among young people take a comprehensive approach to drug prevention which includes: (1) an anti-drug policy; (2) peer to peer drug abuse programs; (3) the provision of complete and accurate information concerning drugs; (4) the involvement of the family and community; and (5) the participation of the institution in a communication system established by the county for the sharing of drug prevention and education information with local agencies.
Amends the Drug-Free Workplace Act of 1988 to make contractors ineligible for Federal grants unless they certify to the contracting agency that they will provide a drug-free workplace by implementing a drug-free awareness program which includes discussions with employees of the dangers of drug abuse among children and how parents can identify the early signs of drug use by children.
Title VII: Forfeiture
- Amends the Federal judicial code to authorize the use of appropriations from the Department of Justice Assets Forfeiture Fund for: (1) the purchase of firearms, ammunition, and personal safety equipment for investigative and enforcement personnel of the DEA, FBI, U.S. Marshals Service, and Immigration and Naturalization Service (INS); (2) certain services related to the storage, protection, and destruction of listed chemicals (under current law, only covers controlled substances); and (3) the payment of awards for certain information or assistance with respect to money laundering.
Authorizes the Attorney General to warrant clear title to subsequent purchasers or transferees of forfeited property.
Deletes provisions requiring the Attorney General to assure that property transferred to a State or local law enforcement agency under civil or criminal forfeiture provisions is not transferred to circumvent any State law requirement that prohibits forfeiture or limits the use or disposition of property forfeited to State or local agencies.
Amends the Tariff Act of 1930 to increase from $100,000 to $500,000 the threshold value of seized vessels or merchandise to trigger provisions with respect to notice of seizure and disposition of the property, and to include seized monetary instruments within the scope of such provisions.
Provides for civil forfeiture of proceeds which represent the instrumentalities of a foreign drug offense. Prohibits forfeiture to the extent of an interest of an owner by reason of any act (or omission) established by that owner to have been committed (or omitted) without the knowledge, consent, or willful blindness of the owner.
Amends the Federal criminal code and the Controlled Substances Act (CSA) to provide for: (1) penalties and/or forfeiture of certain interests in property for racketeering activity for which the maximum penalty includes life imprisonment, irrespective of any bankruptcy proceeding instituted after or in contemplation of prosecution; and (2) nonabatement of criminal forfeiture when a defendant or petitioner dies pending appeal.
Amends the CSA to provide for: (1) the forfeiture of a weapon, computer, or electronic communications device used to facilitate a drug offense; (2) the forfeiture of proceeds traceable to conveyances used to facilitate such offense; and (3) the forfeiture and destruction of dangerous, toxic, and hazardous materials.
Makes conforming amendments with respect to: (1) the equitable transfer to a participating foreign nation of forfeited property or proceeds; (2) the Attorney General's forfeiture sale authority; and (3) civil forfeiture warrant authority.
Eliminates a restriction on the disposal of judicially forfeited property by the Departments of the Treasury and the Postal Service.
Title VIII: Civil Enforcement and Constitutional Government in Panama - Subtitle A: Civil Enforcement
- Amends the CSA to authorize: (1) the Attorney General to bring a civil action with respect to the maintenance of a place for manufacturing, distributing, or using controlled substances; and (2) the court to assess a civil penalty of up to $100,000 and to grant such other relief including injunctions and evictions as appropriate.
Directs the Attorney General to: (1) aggressively pursue the use of civil injunctive remedies, forfeiture sanctions, and other remedies against drug offenders; and (2) submit annual reports to the Congress on the manner and extent to which such remedies are being used and their effect in curtailing drug trafficking.
Subtitle B: Constitutional Government in Panama
- Expresses the sense of the Congress that: (1) the President has the authority to protect U.S. citizens and property, to protect and defend the Panama Canal, and to enforce the laws of the United States; and (2) the President should inform the Congress of the steps he has taken to provide timely assistance for the establishment of a coordinating office for the Panamanian democratic opposition.
Supports: (1) the efforts of the President of the United States to restore constitutional government to Panama and to remove Manuel Noriega from control of Panama; (2) the President's utilization of the full range of appropriate diplomatic, economic, and military options in Panama; and (3) the President's authority to exercise the rights and obligations of the United States to protect the Panama Canal and American citizens in Panama pursuant to the Panama Canal treaties which entered into force in 1978.
Title IX: Federal Law Enforcement Agencies
- Authorizes additional appropriations for FY 1990 for: (1) the Federal Bureau of Investigation for the hiring of additional agents and support personnel to be dedicated to the investigation of drug trafficking organizations; (2) the Drug Enforcement Administration for enforcing Federal provisions regarding precursor and essential chemicals and for assigning at least 250 agents to rural areas where State and local law enforcement agencies have identified the distribution of "crack" cocaine and the manufacture and distribution of methamphetamine to be a serious problem that exceeds the resources of local law enforcement and involves trafficking across State or national boundaries; (3) the U.S. Courts for personnel, training, and implementation of the Federal sentencing guidelines; (4) the U.S. Attorneys for additional staff to prosecute drug offenses arising from local investigations; (5) Defender Services; and (6) U.S. Marshals.
Title X: Juvenile Justice Antidrug Grant Program
- Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and local governmental units for programs to reduce the use and sale of illegal drugs by juveniles, including education, prevention, treatment, and enforcement programs. Specifies permissible uses of grant funds and the allocation of funds for drug supply versus demand reduction programs.
Authorizes grants to, or contracts with, public or private agencies, organizations, or individuals in order to provide additional Federal assistance and support to identify promising new juvenile drug reduction and enforcement programs, to replicate and demonstrate these programs to serve as national, regional, or local models that could be used by other public and private juvenile justice programs, and to provide technical assistance and training to organizations to implement similar programs, giving priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations for FY 1990 through 1992.
Title XI: 82nd Airborne Division
- Grants a Federal charter to the 82nd Airborne Division Association, Inc.
Title XII: Controlled Substances and Money Laundering Amendments
- Makes technical and conforming amendments with respect to controlled substances covered under the RICO statute, predicate offenses, recidivist penalty provisions of the CSA and the Controlled Substances Import and Export Act, money laundering references to the insider exemption from the Right to Financial Privacy Act of 1978, the definition of "monetary instruments" under the Federal criminal code, the CSA's mandatory minimum penalty for serious crack possession, the fingerprinting requirement for controlled substance violations by recidivist juveniles the quantity of methamphetamines required to trigger a mandatory penalty, the conspiracy and attempt penalty under the Maritime Drug Law Enforcement Act, and methamphetamines under the Controlled Substances Import and Export Act.
Title XIII: Penalties and Sentencing Amendments
- Amends the Federal criminal code to modify the approval requirements for Government sentence appeals.
Increases the penalty for certain accessory after the fact offenses from ten to 20 years.
Deletes the requirement for Solicitor General approval of an appeal to a District Court from a sentence imposed by a magistrate.
Title XIV: Miscellaneous Amendments
- Amends the Communications Act of 1934 to specify dial-a-porn remedies.
Makes technical amendments to the CSA and Federal criminal code.
Amends the Federal criminal code to: (1) apply provisions concerning civil disorders, civil rights violations, contempt, theft, bribery, fraud, gambling, homicide, racketeering, stolen property, and juvenile delinquency to possessions and territories of the United States; and (2) set penalties for an individual who commits fraud by using, or causing to be used, any facility of interstate or foreign commerce (currently, by transmitting or causing to be transmitted in interstate or foreign commerce any writings, signs, signals, pictures, or sounds by means of wire, radio, or television).
Deletes the requirement that the Attorney General personally approve prosecutions under the Atomic Energy Act.
Amends provisions regarding the sexual abuse of minors to: (1) include penalties for the sexual abuse of 13 and 14 year olds; (2) make a conforming amendment with respect to the state of mind requirement; (3) revise the definitions of sexual act and sexual contact regarding persons under 16 years of age; (4) set penalties for subsequent offenses; and (5) make other technical and conforming amendments.
Title XV: Miscellaneous
- Makes technical amendments to the Federal criminal code, the CSA, and other Acts.
Revises Federal money laundering provisions to include penalties for engaging in a financial transaction with knowledge that the property involved in such transaction represents the proceeds of unlawful activity where such activity constitutes a felony under foreign law.
Increases the quantity of a mixture or substance containing methamphetamine the manufacture, possession, distribution, or possession of which is prohibited and subject to penalties of imprisonment of ten years (or if serious bodily injury results, 20 years) to life, a fine not to exceed the greater of the amount authorized under the Federal criminal code or $4,000,000 (for individuals) or $10,000,000 (for other than individuals), or both.
Specifies that if a defendant is found to be in possession of a controlled substance in violation of probation, the court shall revoke the sentence of probation and sentence the defendant to a term of imprisonment that was available at the time of the initial sentencing (currently, to not less than one-third of the original sentence).
Grants the courts, upon motion of the court, the authority to impose a term of probation notwithstanding any statutory bar to such sentence.
Applies property forfeiture provisions under the CSA to property used in, or obtained as the result of, illegal gambling activities.
Provides that whoever conducts, finances, manages, supervises, directs, or owns part of an illegal gambling business shall be fined (currently, specifies not more than $20,000) and subjected to other specified penalties.
Amends the Federal Rules of Criminal Procedure to provide that: (1) with respect to an offense charged that is punishable by imprisonment for more than one year, each side is entitled to eight (currently, six) peremptory challenges; and (2) where there is more than one defendant, the Government shall not have more challenges than the total allocated to all defendants.
Title XVI: General Provisions
- Directs the Office of National Drug Control Policy to develop a coordinated policy in conjunction with State and local governments to counteract youth gang involvement in the distribution, sale, and use of illegal drugs. Requires implementation of such policy by February 1, 1991.
Amends the United States Housing Act of 1937 to: (1) authorize a public housing agency to exclude from its lease and grievance procedure any grievance concerning an eviction or termination of tenancy for criminal activity; and (2) provides for notification to the U.S. Postal Service that tenants have been evicted for criminal activity.
Directs the President to report to the Congress on the outcome of the International Conference on Combating Illegal Drug Production, Trafficking, and Use in the Western Hemisphere and on strategy and assistance for combating drug trafficking in the Andean region.
Amends the Social Security Act to authorize coverage of substance abuse treatment services under State medicaid plans.
Amends the Drug-Free Schools and Communities Act of 1986 to authorize the use of funds for programs for latchkey children involving activities before and after school and during summer months.
Increases penalties under the Federal criminal code and the CSA regarding the use of the mail to send controlled substances.
Amends the PHSA to require the Secretary of Health and Human Services (HHS) to waive provisions under which the State must use at least 50 percent of Federal funds provided for alcohol and drug abuse activities to provide specified services for the prevention and treatment of intravenous drug abuse with respect to any State which applied for such a waiver prior to September 30, 1989.
Directs the Secretary to report to the Congress on the cost, feasibility, and effectiveness in reducing intravenous drug abuse and the spread of diseases such as AIDS which would result from eliminating syringes and needles which are capable of being used more than once.
Amends the Drug-Free Schools and Communities Act of 1986 to provide for the use of Federal assistance to States for drug abuse education and prevention programs for model alternative schools for youths with drug problems.
Requires applications for grants for drug and alcohol abuse prevention and education programs to contain assurances: (1) regarding coordination of efforts with other programs in the community related to drug abuse education, prevention, treatment, and rehabilitation; and (2) that the agency or consortia is providing, or will provide, antidrug education and prevention services targeted at students in grades four through nine.
Requires State biennial reports to the Secretary under such Act to include a description of how Federal and non-Federal funds were used for drug prevention and education activities within the State.
Increases appropriations authorized under such Act.
Requires the chief executive officer of a State to use a certain percent of funds available under such Act to make contracts with, and emergency grants to, local educational agencies serving urban and rural communities with severe drug problems. Establishes guidelines for the award of such grants.
Amends the CSA to require the Attorney General, in determining the equitable share of proceeds for a State or local law enforcement agency from a drug-related asset seizure, to retain up to ten percent of the proceeds to cover administrative expenses.
Amends the Tariff Act of 1930 to make the Customs Forfeiture Fund available for the payment of certain expenses incurred in assisting the U.S. Customs Service in law enforcement activities.
Amends the Higher Education Act of 1965 to make ineligible to receive Federal funds or financial assistance any institution of higher education which fails to certify to the Secretary that it has adopted a timetable to implement a program to prevent alcohol and drug abuse by students and employees, including a prohibition of alcohol on campus and a restriction on promotional material encouraging alcohol consumption.
Requires the Secretary of Defense to consult with Operation Alliance officials to the extent practicable prior to and during any drug enforcement operation by armed forces or other DOD personnel which might affect the law enforcement activities or jurisdiction of such officials.
Provides for the issuance of drug war bonds. Establishes within the Treasury the Anti-Drug Abuse Trust Fund into which bond proceeds shall be deposited. Requires the Secretary of the Treasury and the trustee of the Trust Fund to submit an annual report to the Congress on the financial condition and results of the operations of the Trust Fund during the preceding fiscal year and the expected condition and operations of the Trust Fund through the succeeding five fiscal years. Directs the Secretary of the Treasury to provide notice to the public that the purchase of drug war bonds will assist in implementing anti-drug abuse provisions of law.
Requires the Bureau of Justice Assistance to provide funds for demonstration grants to the States to establish shock incarceration programs as alternatives to imprisonment for first-time offenders who have committed nonviolent offenses. Specifies allocation of funds.
Authorizes the Secretary of Education to award grants to local educational agencies in consortium with entities which have experience in assisting school districts to provide instruction to students in grades kindergarten through six to resist pressures to use controlled substances. Specifies requirements to be eligible for such grants and application procedures. Authorizes appropriations for FY 1990 through 1993.
Directs the Secretary of the Treasury to appoint an Electronic Scanning Task Force to: (1) study methods of printing on U.S. currency notes in denominations of $10 or more a serial number that may be read by electronic scanning; (2) make an assessment of the cost of implementing such scanning; and (3) make recommendations about the amount of time needed to implement such scanning. Requires a report to the appropriate congressional committees. Authorizes appropriations.
Directs the Secretary of HHS to: (1) conduct a study on the relationship between the consumption of legal and illegal drugs, including the effect of advertising campaigns that promote the use of legal drugs; and (2) report within two years to specified congressional committees. Authorizes appropriations.
Requires the Secretary of State to submit to the Congress a report on the status of the efforts of the Department of State to carry out provisions of the Anti-Drug Abuse Act of 1988 regarding multinational drug control efforts.
Amends the CSA to: (1) increase the mandatory minimum sentences for adults who distribute drugs to persons under age 21 or employ persons under age 18 in such activities; and (2) prohibit the court from placing such persons on probation, suspending the sentence, or releasing such persons during the term of such sentence.
Amends the PHSA to require a State as a condition for receiving the drug abuse portion of its allotment for a fiscal year, to develop, implement, and submit to the Secretary of HHS a Statewide Drug Treatment Plan. Establishes Plan requirements. Requires: (1) the Secretary to monitor compliance with the Plan; and (2) each State to periodically submit progress reports. Authorizes the Secretary to waive Plan requirements under specified circumstances. Directs the Secretary to establish a model State drug abuse treatment plan and provide technical assistance to States in complying with such Plan.
Permits Federal funds allotted to the States for alcohol, drug abuse, and mental health treatment to be used to pay for inpatient hospital drug treatment services pursuant to a contractual arrangement with a hospital if: (1) needed residential treatment services could not otherwise be provided; and (2) the rates paid for such services do not exceed 125 percent of the cost of the rates typically required for comparable residential services. Authorizes the Secretary to waive or reduce certain matching requirements where the State requests a waiver and the Secretary determines that failure to grant such request would result in a reduction in the resources that would otherwise be used to provide direct treatment services and that such resources are essential to implementation of the State drug abuse plan. Authorizes the use of State allotments to provide counseling to family members of drug abusers.
Amends the Federal Food, Drug, and Cosmetic Act to establish procedures for approval of drugs for the treatment of addiction to illegal drugs. Permits the sponsor of a drug for the treatment of such an addiction to request the Secretary of HHS to provide written recommendations for the nonclinical and clinical investigations that must be conducted before the drug may be approved, certified, or licensed for treatment. Requires that, if the Secretary has reason to believe that such drug is a drug for the treatment of illegal drug addiction, the Secretary shall provide such recommendations. Authorizes the Secretary, upon request of the manufacturer or sponsor, to designate such drug for the treatment of an addiction to illegal drugs if the drug is appropriately approved, certified, or licensed under the PHSA, subject to specified conditions. Requires notice to the public of such designation.
Prohibits the Secretary from approving another application, certification, or license for the same drug for a person not the holder of the approved application, certification, or license until seven years from the date of initial approval. Authorizes the Secretary to approve another such application, certification, or license if: (1) he finds, after seven years and after providing the holder notice and opportunity for the submission of views, that in such period the holder cannot assure the availability of sufficient quantities of the drug to meet the needs of persons with the addictions for which the drug was designated; or (2) such holder provides the Secretary written consent for the approval of other applications, certifications, or licenses before the expiration of such seven-year period. Directs the Secretary to encourage sponsors of such drugs designated to treat additions to design protocols for clinical investigations which permit the addition of persons who need the drug and who cannot be satisfactorily treated by available alternative drugs. Authorizes appropriations for FY 1990 through 1992.
Amends the Omnibus Act to require, as a condition for Federal drug control and system improvement grants to a State: (1) a certification that State and local law enforcement agencies, prosecuting attorneys, and courts have in place, or are committed to develop, arrangements for the prosecution and sentencing of drug offenders within 100 days after arraignment, the use of civil injunctive remedies to limit illegal activities, and the use of civil and criminal forfeiture proceedings; and (2) an agreement by State and local officials to report to the Bureau of Justice Assistance concerning the results of, and the need for changes in State laws to allow more effective use of, such programs.
Requires: (1) the President to appoint 20 additional district judges; (2) the number and locations of such judges among the several districts to be established by law after consideration of recommendations of the Judicial Conference; and (3) the Judicial Conference of the United States to submit a report to specified congressional committees evaluating the impact of drug-related criminal activity on the Federal district courts, including recommendations as to how such additional judges should be allocated based on criminal drug-related felony filings per judgeship in each district.
Federal Prisoner Drug Testing Act of 1989 - Amends the Federal criminal code to require as a condition of parole that the parolee pass a drug test prior to paroled release, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests for use of a controlled substance during the period of paroled release.
Exempts from the antitrust laws any joint discussion, consideration, review, action, or agreement by or among persons in the television industry for the purpose of developing and disseminating voluntary guidelines designed to alleviate any negative impact of illegal drug use in telecast material, provided such joint action does not result in a boycott of any person.
Directs the Secretary of HHS to conduct and report to the Congress on a study of the child welfare and youth social service programs administered or operated within the Office of Human Development Services and the family assistance programs administered or operated within the Family Support Administration. Authorizes appropriations.
Requires the U.S. Sentencing Commission to: (1) promulgate, or amend existing, guidelines to provide that deported aggravated felons reentering the United States shall be assigned an offense level under the sentencing guidelines that constitutes a meaningful deterrence to the commission of such offense; and (2) consider promulgating guidelines providing that an individual convicted of violating CSA provisions relating to sales or possession of a controlled substance shall, in addition to being sentenced to any authorized term of imprisonment or assessed costs, be sentenced to pay a fine that constitutes a percentage of such individual's income during the 12 months prior to the commission of the offense for which the individual was convicted.
Amends the Immigration and Nationality Act to: (1) permanently bar reentry of aliens convicted of aggravated felonies; (2) require the Attorney General to take into custody any alien convicted of an aggravated felony upon completion of the alien's sentence pending a determination of excludability; and (3) bar any alien convicted of such offense from eligibility for suspension of deportation.
Requires: (1) the Director of National Drug Control Policy to submit to the Congress a detailed report on the Drug Control Research Development Committee; and (2) the President to submit to the Congress a detailed plan to establish within DOJ or elsewhere in the executive branch an office to provide centralized management of counterterrorism- and drug enforcement-related research, development, test, and evaluation activities conducted by the Government and an assessment of the desirability of implementing such a plan.
Amends the PHSA to authorize the use of State allotments for programs for juvenile and adult substance abusers in State and local criminal and juvenile justice systems.
Expresses the sense of the Senate that preventive drug abuse resistance education programs which seek to reduce the incidence of maternal substance abuse during pregnancy are essential to efforts to win the war on drugs.
Amends the Drug-Free Schools and Communities Act of 1986 to include, among authorized State programs, educational programs regarding the risks of drug and beverage alcohol abuse during pregnancy.
Declares that: (1) the President should initiate discussions with the Government of Mexico to develop and implement a bilateral agreement to monitor, pursue, and capture airborne smugglers of illicit narcotics, including provisions for reciprocal overflight, hot pursuit authority, and arrangements for joint crewing of U.S. and Mexican drug enforcement aircraft; (2) the President should report on the status of negotiations concerning this agreement in the annual International Narcotics Control Strategy Report on Mexico; and (3) if the President certifies in such report that the U.S. and Mexico have made significant progress toward conclusion of the agreement, the Senate would consider such a declaration as a credible sign of Mexico's desire to "cooperate fully" with the United States on illegal drug interdiction programs.
Provides for premium pay on an annual basis for certain Federal employees whose positions require substantial amounts of irregular, unscheduled overtime.
Amends the Omnibus Act to include within the drug control and system improvement grant program efforts to develop better narcotics intelligence networks and to organize, educate, and train special drug intelligence units to combat narcotics trafficking and money laundering enterprises.
Amends the PHSA to require the Director of the Office of Substance Abuse Prevention to: (1) develop model programs for community prevention activities; (2) provide assistance to community coalitions to develop and implement comprehensive substance abuse programs; (3) establish a mechanism to evaluate the effectiveness of community coalitions in preventing substance abuse and to disseminate the results of such evaluations to such coalitions; and (4) develop a substance abuse prevention training curriculum and provide technical assistance and support for community training on substance abuse prevention.
Directs the Secretary of Defense or his designee to provide that instruction on the military role in drug interdiction will be established for all senior officer personnel in the U.S. armed forces at military educational facilities to be selected by the Secretary. Specifies instruction program content. Requires the Director of the Office of National Drug Control Policy to establish at the National Defense University a program designed to foster interagency cooperation on drug interdiction matters. Requires the Secretary to submit to the Congress a report to the President on the value and status of such training.
Requires the Director of National Drug Control Policy to submit a report to the Congress concerning the feasibility of implementing the program described in the National Institute of Justice concept paper entitled "About Face: Civil-Military Youth Leadership Program for the District of Columbia."
Amends the Omnibus Act to authorize the use of funds from the Director's special discretionary fund for substance abuse and addiction treatment and related services for women prisoners, including social services and child counseling.
Requires the Secretary of HHS to: (1) arrange to have a study conducted by the National Academy of Sciences or the National Institute on Child Health and Human Development concerning infants born drug exposed, the impact of drug abuse on infants during pregnancy, and the costs for care of such infants and their mothers; and (2) submit a report within 18 months to the Congress on the results of such study. Authorizes appropriations.
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Bill titles: A bill to implement the President's 1989 National Drug Control Strategy.
Original source documents: Digest of the Congressional Record vol. 135, p. 12685;
Links for more info on the vote: congress.gov
